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PURDUE UNIVERSITY
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM NO. C-46
TO: Vice Presidents, Chancellors, Vice Chancellors, Deans,
Directors, and Heads of Schools, Divisions, Departments, and Offices
RE: Revised and New Leave of Absence Policies for Faculty,
Continuing Lecturers, and Administrative and Professional Staff
In an effort to simplify Purdue University’s leave of absence
policies for faculty, continuing lecturers, administrative, and
professional staff and to bring them up to date with recent legal
developments, Executive Memorandum No. C- 46 sets forth revised
policies regarding the following leaves of absence for faculty,
continuing lecturers, and administrative and professional staff:
The following policies are effective immediately and supersede,
in whole or in part, any prior inconsistent verbal or written policies
of the University for faculty, continuing lecturers, and administrative
and professional staff including, but not limited to, Executive
Memorandum No. B-22, dated October 31, 1973, Executive Memorandum
No. B-19, dated June 15, 1973, Executive Memorandum No. B-17, dated
March 21, 1980, and Executive Memorandum No. C-26, dated March 30,
1998. The unpaid personal leave policy in section IV below is a
new leave of absence policy that replaces the verbal and written
policies of the University dealing with newborn infant care leave
and miscellaneous leave for faculty, and administrative and professional
staff.
- Paid Sick Leave
- Introduction
The University recognizes that an employee’s inability
to work due to injury or illness may cause economic hardship.
To minimize the effect that such absences can have on
an employee, the University provides paid sick leave as
set forth below.
- Scope
This policy applies to all regular faculty, continuing
lecturers, and administrative and professional staff.
- Qualifying Reasons for Paid Sick Leave
An employee may take paid sick leave upon his/her first
day of employment for the following reasons:
- If s/he is unable to perform the essential functions
of his/her job due to an injury or illness including,
but not limited to, pregnancy, childbirth, or pregnancy-related
medical conditions.
- To care for an immediate family member1
with an injury or illness for up to ten workdays (i.e.,
eighty hours for a full-time employee) in a fiscal year2,3.
- For an appointment with a health care provider that
could not be scheduled to occur during non-working hours.
- Maximum Allowance and Rate of Pay
- The maximum allowance and rate of pay for paid sick
leave for a full-time employee will be as follows:4
- Less than one year of continuous service
one hundred percent of the employee’s salary for
ten workdays (i.e., eighty hours) during
a twelve-month period.
- One year but less than two years of continuous
service one hundred percent of the employee’s
salary for twenty-two workdays (i.e., 176
hours) and seventy-five percent of his/her
salary for twenty-two workdays (i.e., 176
hours) during a twelve-month period.
- Two years but less than three years of continuous
service one hundred percent of the employee’s
salary for forty-four workdays (i.e., 352
hours) and seventy-five percent of his/her
salary for forty-four workdays (i.e., 352
hours) during a twelve-month period.
- Three or more years of continuous service
one hundred percent of the employee’s salary for
sixty-six workdays (i.e., 528 hours) and
seventy-five percent of his/her salary for sixty-six
workdays (i.e., 528 hours) during a twelve-month
period.
- Continuous Service
- Continuous service means the period of employment,
excluding graduate student employment, undergraduate
student employment, and temporary employment, immediately
preceding the first day of paid sick leave.
- Continuous service includes any paid leave of
absence.
- Continuous service terminates when an employee
uses the maximum allowance of paid sick leave, upon
resignation, retirement, or death. A new period
of continuous service will begin when the individual
returns from leave, returns to active service, or
is rehired.
- Twelve-Month Period
The twelve-month period will be a rolling twelve-month
period measured backward from the date that leave
began.
- Termination of Employment
Any unused paid sick leave remaining upon termination
of employment will be forfeited.
- Employee Notice Requirements
- When planning medical treatment, an employee must
consult with his/her supervisor and make a reasonable
effort to schedule the leave so as not to disrupt the
University’s operations.
- If the sick leave is foreseeable, the employee must
give his/her supervisor as much advance notice of the
need for leave as is practicable under the circumstances.
- If the sick leave is not foreseeable, the employee,
or another person on the employee’s behalf, must notify
the employee’s supervisor or department head no later
than one hour after the scheduled start of the employee’s
workday, unless instructed otherwise by the employee’s
supervisor or department head.
- An employee who fails to satisfy the foregoing notice
requirements may be disciplined, up to and including
termination.
- Written Leave Request
Staff must request sick leave in writing on an appropriate
University leave request form.
- Medical Statement
- If paid sick leave is used concurrently with Family
and Medical Leave Act leave, the employee must satisfy
the medical certification requirements of the University’s
FMLA policy until the FMLA leave is exhausted.
- If paid sick leave is not used concurrently
with FMLA leave, the requirements for a medical statement
will be as follows:
- Subject to paragraph b. below, an employee who
requests sick leave must provide to his/her department
a medical statement from the principal attending
health care provider, which certifies that the employee
is unable to perform the essential functions of
his/her job due to a qualifying reason under this
policy. The statement must also include an estimate
of when the employee will be able to return to work.
- Each department will provide written notice to
its employees regarding the number of consecutive
workdays of sick leave that will trigger the employee’s
duty to provide a medical statement. Under no circumstances
may an employee be on sick leave for more than ten
consecutive workdays without providing a medical
statement to the department. In the absence of written
notice from the department, the employee must provide
the medical statement if the sick leave exceeds
ten consecutive workdays.
- The medical statement must be provided within
fifteen calendar days of the employee’s first day
of sick leave, unless it is impracticable to do
so despite the employee’s diligent, good faith efforts.
- If the sick leave continues for more than thirty
calendar days, the employee’s department should
request medical statements from the employee at
reasonable intervals (e.g. every thirty days).
- An employee who fails to provide a medical statement
under this policy may be denied leave and/or disciplined,
up to and including termination of employment.
- With the employee’s written consent, and subject
to any applicable provisions of the FMLA, the Americans
With Disabilities Act, and the Indiana Worker’s
Compensation Act, a representative of the campus
personnel department may contact the employee’s
health care provider to seek clarification and authentication
of the medical statement.
- Return-To-Duty Statement
- Subject to paragraph 2. below, upon returning to work
from sick leave due to the employee’s illness or injury,
the employee will furnish to his/her department a return-to-work
statement from the employee’s principal attending health
care provider. The statement must indicate that the
employee has been released to return to work. It must
also specify any physical or other limitation on the
employee’s ability to perform regular or other duties
and the duration of those limitations.
- Each department will provide written notice to its
employees regarding the number of consecutive workdays
of sick leave that will trigger the employee’s duty
to provide a return-to-work statement. Under no circumstances
may an employee be reinstated without providing a return-to-work
statement if the sick leave exceeded ten consecutive
workdays. In the absence of written notice from the
department, the employee must provide the return-to-work
statement if the sick leave exceeded ten consecutive
workdays.
- If an employee uses paid sick leave during intermittent
FMLA leave, a return-to-duty statement will not be required
when the employee’s intermittent FMLA leave ends, except
as permitted by the Americans With Disabilities Act.
- If the employee does not provide a statement upon
returning to work, then reinstatement may be delayed
until the employee submits a statement. If the employee
fails to submit a statement within a reasonable period
of time from the department’s request, s/he may be disciplined,
up to and including termination of employment.
- With the employee’s written consent, a representative
of the campus personnel department may contact the employee’s
health care provider to clarify and authenticate the
return-to-duty statement, subject to the limitations
of the FMLA, the Indiana Worker’s Compensation Act,
and the Americans With Disabilities Act, if applicable.
- Coordination With Family and Medical
Leave Act Leave
If an employee qualifies for paid sick leave and FMLA
leave, the sick leave must be used concurrently with the
FMLA leave. Under such circumstances, the employee must
meet the medical certification requirements of the University’s
FMLA leave policy until s/he exhausts his/her FMLA leave.
In addition, the employee’s reinstatement rights will
be governed by the University’s FMLA policy; however,
if the employee exhausts his/her FMLA leave and remains
on paid sick leave, all provisions of the paid sick leave
policy will govern including, but not limited to, those
dealing with the employee’s reinstatement.
- Supplementing Workers’ Compensation Leave
Paid sick leave may be used to supplement weekly wage-replacement
benefits paid under the University’s worker’s compensation
leave policy; however, the total weekly compensation paid
during the leave may not exceed the employee’s normal
weekly pay. The normal weekly pay will be the employee’s
normal salary.
- Right to Reinstatement - Paid Sick Leave Only5
An employee will normally be reinstated to the same
position s/he held when the leave began if the position
is available and the employee can perform the essential
functions of the position, with or without reasonable
accommodation as may be required by law. If the employee
is not placed in the position s/he had when the leave
began, his/her employment may be terminated. The University
will give appropriate consideration to the tenure status
of a faculty member under University policy in determining
his/her right to reinstatement.
- Interdepartmental Transfers
An employee who transfers between two departments of
the University will maintain his/her unused paid sick
leave.
- Holidays
If a paid holiday observed by the University occurs
during an employee’s sick leave, the employee will be
paid holiday pay and will not be charged for the sick
leave.
- Group Health Insurance
The University will continue to pay its share of the
cost of an employee’s group health insurance during paid
sick leave. The employee’s share of the cost will be deducted
from the employee’s pay in accordance with normal payroll
practices.
- Confidentiality
All information, whether written or verbal, including,
but not limited to, medical statements, return-to-work
statements, and notes relating to the employee’s or his/her
immediate family member’s health condition will be kept
confidential to the maximum extent possible. All written
medical information will be kept in a confidential, secure
file separate from the employee’s personnel file.
- Definitions
- Health Care Provider means:
- A doctor of medicine or osteopathy who is authorized
to practice medicine or surgery by the State in
which the doctor practices.
- Podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors authorized to practice
in the State and performing within the scope of
their practice as defined under State law.
- Nurse practitioners, nurse-midwives, and clinical
social workers who are authorized to practice under
State law and who are performing within the scope
of their practice as defined under State law.
- Christian Science practitioners listed with the
First Church of Christ, Scientist in Boston, Massachusetts.
- Any health care provider from whom the University
or the University’s group health plan’s benefits
manager will accept certification of the existence
of an injury or illness to substantiate a claim
for benefits.
- A health care provider as defined above who practices
in a country other than the United States, who is
licensed to practice in accordance with the laws
and regulations of that country.
- Immediate Family Member
Immediate family member means the employee’s spouse,
parent, child, grandparent, grandchild, sibling, corresponding
in-laws and step-relatives, and any other relatives
residing in the employee’s home.
- Paid and Unpaid Vacation Leave
- Introduction
Purdue University provides paid and unpaid vacation
leave to employees primarily so they will have time away
from the workplace for recreation, travel, and relaxation.
The University strongly encourages staff to use this benefit
for these and other similar purposes.
- Scope
This policy applies to all regular faculty, continuing
lecturers, and administrative and professional staff.
- Academic-Year Staff
Members of the faculty, continuing lecturers, and administrative
and professional staff employed on an academic-year basis
are on unpaid vacation leave when classes are not
in session during the academic year, except for the seven
calendar-day periods prior to the first day of classes
each semester and the final date for submitting grade
reports. Academic-year staff with non-teaching assignments
that prevent them from taking vacation leave when classes
are not in session may, with the prior approval of his/her
department head, be granted equivalent vacation leave
during the same academic year.
- Fiscal-Year Staff
- All fiscal-year staff are eligible to take paid vacation
leave upon completing three continuous months of service.
- Maximum Paid Benefit
- Faculty, continuing lecturers, and management
and professional staff will accrue up to twenty-two
workdays (i.e., 176 hours) of vacation leave
during each year of service.
- Administrative/supervisory, operations assistant,
technical assistant, or professional assistant staff
will accrue up to fifteen workdays (i.e.,
120 hours) of vacation leave during the first year
of service and up to twenty-two workdays (i.e.,
176 hours) in each subsequent continuous year of
service.
- Accrual Schedule
- Vacation will accrue on a monthly basis from an
employee's first day of employment as set forth
in the following table, subject to the limitations
in paragraph b and c below.
Full-time Employee Vacation Accrual
Table*
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Eligible for
15 days
| Eligible for
22 days
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July
|
1
|
2
|
|
August
|
2
|
2
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|
September
|
1
|
1
|
|
October
|
1
|
2
|
|
November
|
1
|
2
|
|
December
|
2
|
2
|
|
January
|
1
|
2
|
|
February
|
1
|
2
|
|
March
|
1
|
1
|
|
April
|
2
|
2
|
|
May
|
1
|
2
|
|
June
|
1
|
2
|
* Part-time employees will
accrue vacation in direct proportion to their
FTE. For example, a .5 FTE employee will accrue
vacation at 1/2 the rate of accrual for a full-time
employee.
- In an employee's first
and last month of employment, s/he must be in pay
status fifteen or more calendar days to accrue the
maximum number of vacation days for which s/he is
eligible. If an employee is in pay status less than
fifteen calendar days during his/her first or last
month of employment, s/he will accrue vacation for
that month on a prorated basis to the nearest one-half
day (i.e., four hours).
- An employee may not accrue
more than forty-four days of vacation. Once forty-four
workdays of vacation have accrued, additional vacation
may not accrue until such time as the accrued, unused
vacation falls below forty-four workdays.
- Written Leave Request
Staff must request vacation
leave in writing on an appropriate University leave
request form.
- Vacation Benefit Payments
- An employee will be paid
his/her regular salary during vacation leave.
- Vacation benefits will
be paid in the employee's regular paycheck.
- Vacation benefits will
not be paid in advance.
- No payments will be made
in lieu of taking accrued vacation, except at the
time of termination.
- Supplementing Other Leaves
Subject to appropriate approval,
an employee may use vacation to supplement paid leave
under the University’s Workers’ Compensation Leave
policy. An employee may also use vacation during Military
Leave and FMLA leave.
- Scheduling
- Accrued vacation may be
taken at any time during the year; provided, however,
that the vacation is approved by the employee's
immediate supervisor.
- Exempt staff may take vacation
in increments of no less than one-half day (i.e.,
four hours). Non-exempt staff may take vacation
in increments of no less than one hour.
- Each department will coordinate
vacation scheduling.
- Interdepartmental Transfers
An employee who transfers
between two departments of the University will maintain
his/her accrued, unused vacation.
- Vacation and Termination of
Employment
- An employee eligible for
vacation (i.e., an employee who has been
employed for three continuous months) who terminates
his/her employment for any reason will be paid his/her
accrued, unused vacation to a maximum of forty-four
workdays.
- Any accrued, unused vacation
payable at the time of termination will be paid
in the employee’s final paycheck.
- Vacation paid at the time
of termination will not extend an employee’s employment
termination date. In addition, employees may not
use vacation in any manner that would extend their
employment termination date.
- Conversion From Fiscal-Year
Staff To Academic-Year Staff
A staff member, who converts
from a fiscal-year staff position to an academic-year
staff position, must use as much accrued, unused vacation
prior to the conversion, as the University’s needs
permit. Any unused, accrued paid vacation remaining
upon the date of the conversion will be paid to the
employee in his/her final paycheck as a fiscal-year
staff member.
- Paid Personal Business
Days
- Introduction
Purdue University provides paid
personal business days for faculty, continuing lecturers,
and administrative and professional staff. The purpose
of this leave is to permit employees to conduct personal
business that cannot be taken care of outside regular
business hours (e.g., financial matters, legal
matters, or critical family responsibilities).
- Eligibility
All regular faculty, continuing
lecturers, and administrative and professional staff are
eligible for paid personal business leave upon their first
day of employment.
- Benefit Amount
Employees may take up to three
workdays (i.e., twenty-four hours) of paid personal
business leave without loss of benefits each fiscal year.
Employees will be paid their regular salary for each workday
of personal business leave.
- Supplementing Leaves of Absence
Personal business days may not
be used to supplement vacation. They may, however, be
used to supplement any other leave of absence if the employee
has exhausted his/her accrued, unused leave under that
policy.
- Minimum Increment of Leave
Personal business leave may not
be taken in increments of less than one-half workday (i.e.,
four hours).
- Written Leave Request
Employees must request personal
business days in writing on an appropriate University
leave request form. In recognition of an employee’s right
to privacy and the understanding that most employees will
use this benefit appropriately, the employee need not
describe in detail the reason for requesting the leave.
In keeping with the spirit of cooperation and teamwork,
however, employees should consider providing at least
a general explanation.
- Forfeiture Upon Termination
Unused, paid personal business
leave will be forfeited upon termination of employment.
- Administrative Guidelines
To ensure consistent application
of this policy University-wide, the Department of Personnel
Services has developed guidelines for the appropriate
uses of personal business days. Employees are encouraged
to consult the guidelines when questions arise regarding
paid personal business days.
- Unpaid Personal
Leave
- Introduction
In an effort to simplify Purdue
University’s leave of absence policies, unpaid personal
leave replaces the following leaves of absence:
- Newborn Infant Care Leave
- Miscellaneous Leave
Personal leave may be used for
any reason that is not covered by another leave policy
including, but not limited to, illness or injury, pregnancy,
pregnancy-related medical conditions, newborn infant care,
vacation, or religious observance.
- Scope
This policy applies to all regular
faculty, continuing lecturers, and administrative and
professional staff.
- Written Leave Request
Personal leave must be requested
in writing on an appropriate University leave request
form.
- Authorization for Leave
A request by an
employee for twenty-two workdays or less of personal leave
requires written approval by the employee’s department
head. A request for more than twenty-two workdays of personal
leave requires written approval as follows: the employee’s
department head; the employee’s dean or director; and
the employee’s vice president or chancellor, or his/her
designee. Pursuant to Section VII of Executive Memorandum
No. 47, effective January 1, 1999,
unpaid personal leave may not be authorized for a period
of more than one calendar year.
- Personal Leave Due to Illness,
Injury, Pregnancy, or a Pregnancy-Related Medical Condition
The determination whether to
grant personal leave due to an illness, injury, pregnancy,
or pregnancy-related medical condition should be based
on considerations of the business needs of the University.
An employee who is granted personal
leave for the employee’s or the employee’s immediate family
member’s6 injury, illness, pregnancy, or pregnancy-related
medical condition must comply with the provisions of the
paid sick leave policy that require employees to provide
their department with a medical statement and a return-to-work
statement.
- Personal Leave Taken For An FMLA-Qualifying
Reason
If an employee is granted personal
leave for an FMLA-qualifying reason and s/he qualifies
for FMLA leave, the personal leave and FMLA leave will
run concurrently. Under such circumstances, the employee
must meet the medical certification, employee notice,
and return-to-work requirements of the University’s FMLA
policy until s/he exhausts FMLA leave. If the employee
exhausts FMLA leave and remains on personal leave, the
personal leave policy will control including, but not
limited to, the employee’s right to be reinstated.
- Minimum Increment of Leave
- Except as provided in paragraph
2. below, personal leave may not be taken in increments
of less than one workday (i.e., eight hours).
- An exempt employee may not
take personal leave for the employee’s or the employee’s
immediate family member’s illness, injury, pregnancy,
or pregnancy-related medical condition in increments
of less than four hours. A non-exempt employee may not
take personal leave for such reasons in increments of
less than one hour.
- Group Health Insurance
The University will continue
to pay its share of the cost of an employee’s medical
insurance during personal leave. The employee must make
arrangements with the University to pay his/her share
of the premium cost. If the employee fails to pay his/her
share of the cost, the University may cancel coverage.
- Right to Reinstatement
An employee will normally be
reinstated to the same position s/he held when the leave
began if the position is available and the employee can
perform the essential functions of the position, with
or without reasonable accommodation as may be required
by law. If the employee is not placed in the position
s/he had when the leave began, his/her employment may
be terminated. The University will give appropriate consideration
to the tenure status of a faculty member under University
policy in determining his/her right to reinstatement.
- Outside Activities
Leave
Requests to engage in outside activities
require approval by the president of the University or his/her
designee on President’s Office Form 32. Permission to engage
in outside activities via President’s Office Form 32 does
not authorize absence from campus duties. Absences from campus
duty resulting from such activities must be individually approved
by the respective department head on President’s Office Form
33A, when the absence from University duties is to be one
full working day or more in duration. If such absence is in
excess of five consecutive working days, the absence must
be approved by the president or his designee on President’s
Office Form 33.
- Deviation From Leave Policies
Any deviation from the leave policies
described in this Memorandum requires approval by an executive
vice president, vice president, chancellor, or the director
of intercollegiate athletics, or their designees, unless the
leave policy in question specifically authorizes or requires
otherwise.
- Questions
Questions regarding the foregoing
policies should be directed to your campus personnel department
or human resource service team (West Lafayette).
Steven C. Beering
President
1Immediate family member
means the employee's spouse, parent, child, grandparent, grandchild,
sibling, corresponding in-laws and step-relatives, and any
other relative residing in the employee's home.
2The fiscal year for purposes of this policy shall
begin each year on July 1 and end on the following June 30.
3An employee's sick leave allowance to care for
an immediate family member will be based on his/her FTE. For
example, a .5 FTE employee will have forty hours of sick leave
to care for an immediate family member.
4A part-time employee's maximum allowance and rate
of pay will be based on his/her FTE.
5For information regarding coordinating paid sick
leave with FMLA leave, click see I.J..
6Immediate family member means the employee's spouse,
parent, child, grandparent, grandchild, sibling, corresponding
in-laws and step-relatives, and any other relative residing
in the employee's home.
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