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:

• Paid Sick Leave
• Paid and Unpaid Vacation Leave
• Paid Personal Business Days
• Unpaid Personal Leave
• Outside Activities Leave

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.

1. Paid Sick Leave
   1. 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.

   2. Scope

      This policy applies to all regular faculty, continuing lecturers, and administrative and professional staff.

   3. Qualifying Reasons for Paid Sick Leave

      An employee may take paid sick leave upon his/her first day of employment for the following reasons:

      1. 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.
      2. 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 year^2,3.
      3. For an appointment with a health care provider that could not be scheduled to occur during non-working hours.

   4. Maximum Allowance and Rate of Pay
      1. The maximum allowance and rate of pay for paid sick leave for a full-time employee will be as follows:⁴
         1. 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.
         2. 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.
         3. 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.
         4. 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.

      2. Continuous Service
         1. 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.
         2. Continuous service includes any paid leave of absence.
         3. 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.

      3. Twelve-Month Period

         The twelve-month period will be a rolling twelve-month period measured backward from the date that leave began.

   5. Termination of Employment

      Any unused paid sick leave remaining upon termination of employment will be forfeited.

   6. Employee Notice Requirements
      1. 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.
         
         
      2. 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.

      3. 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.

      4. An employee who fails to satisfy the foregoing notice requirements may be disciplined, up to and including termination.

   7. Written Leave Request

      Staff must request sick leave in writing on an appropriate University leave request form.

   8. Medical Statement
      1. 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.
      2. If paid sick leave is not used concurrently with FMLA leave, the requirements for a medical statement will be as follows:
         1. 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.
         2. 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.
         3. 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.
         4. 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).
         5. 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.
         6. 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.

   9. Return-To-Duty Statement
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.

   10. 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.

   11. 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.

   12. 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.

   13. Interdepartmental Transfers

       An employee who transfers between two departments of the University will maintain his/her unused paid sick leave.

   14. 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.

   15. 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.

   16. 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.

   17. Definitions
       1. Health Care Provider means:
          1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices.
          2. 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.
          3. 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.
          4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
          5. 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.
          6. 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.

       2. 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.

2. Paid and Unpaid Vacation Leave
   1. 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.

   2. Scope

      This policy applies to all regular faculty, continuing lecturers, and administrative and professional staff.

   3. 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.

   4. Fiscal-Year Staff
      1. All fiscal-year staff are eligible to take paid vacation leave upon completing three continuous months of service.

      2. Maximum Paid Benefit
         1. 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.
         2. 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.

      3. Accrual Schedule
         1. 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*

             

            	Eligible for 15 days	Eligible for 22 days
            July	1	2
            August	2	2
            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.

         2. 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).
         3. 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.

      4. Written Leave Request

         Staff must request vacation leave in writing on an appropriate University leave request form.

      5. Vacation Benefit Payments
         1. An employee will be paid his/her regular salary during vacation leave.
         2. Vacation benefits will be paid in the employee's regular paycheck.
         3. Vacation benefits will not be paid in advance.
         4. No payments will be made in lieu of taking accrued vacation, except at the time of termination.

      6. 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.

      7. Scheduling
         1. Accrued vacation may be taken at any time during the year; provided, however, that the vacation is approved by the employee's immediate supervisor.
         2. 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.
         3. Each department will coordinate vacation scheduling.

      8. Interdepartmental Transfers

         An employee who transfers between two departments of the University will maintain his/her accrued, unused vacation.

      9. Vacation and Termination of Employment
         1. 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.
         2. Any accrued, unused vacation payable at the time of termination will be paid in the employee's final paycheck.
         3. 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.

      10. 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.

3. Paid Personal Business Days
   1. 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).

   2. Eligibility

      All regular faculty, continuing lecturers, and administrative and professional staff are eligible for paid personal business leave upon their first day of employment.

   3. 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.

   4. 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.

   5. Minimum Increment of Leave

      Personal business leave may not be taken in increments of less than one-half workday (i.e., four hours).

   6. 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.

   7. Forfeiture Upon Termination

      Unused, paid personal business leave will be forfeited upon termination of employment.

   8. 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.

4. Unpaid Personal Leave
   1. 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.

   2. Scope

      This policy applies to all regular faculty, continuing lecturers, and administrative and professional staff.

   3. Written Leave Request

      Personal leave must be requested in writing on an appropriate University leave request form.

   4. 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.

   5. 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.

   6. 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.

   7. Minimum Increment of Leave
      1. Except as provided in paragraph 2. below, personal leave may not be taken in increments of less than one workday (i.e., eight hours).
      2. 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.

   8. 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.

   9. 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.

5. 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.

6. 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.

7. 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.