Chapter 5: Personnel05:08:13 Leave: Leave of Absence
Related Policies and Guidelines
TBR Policy 5.01.01.03 Leave of Absence
TBR Policy 5.01.01.14 Family, Medical, and Service Member Leave
TBR Guideline P-120 Longevity Pay
It is the policy of Northeast State Community College to provide approved, unpaid time off to regular employees due to reasons of illness or injury or disability of an employee who has insufficient accumulated annual and/or sick leave, leave for educational purposes, and leave for justifiable personal reasons.
Unpaid Leave of Five Days or Less
It is the expectation that employees monitor their leave balances carefully throughout the year and plan accordingly so they do not enter into a leave without pay status. Employees who enter into an unapproved leave without pay status may be subject to disciplinary action. Any full-time regular employee who has been in a leave without pay status for the accumulative of one work day (7.5 hours) or more within the fiscal year will have their longevity dates adjusted accordingly at the end of the fiscal year. Part-time employees will have their longevity dates adjusted accordingly at the end of the fiscal year based on their percentage of employment. Requests for leave in a non-pay status require the approval of line management up to the supervising vice president.
Leave of Absence: Approved Unpaid Leave of More than Five Days
Leave of absence as referenced in this policy is an officially excused period of time off duty from work and shall include any period of leave in a non-pay status of more than five consecutive work days. Leave of absence without pay, not to exceed one (1) year, may be granted for justifiable absences wherein it is not desirable to terminate the employee. Examples of justifiable absences include but are not limited to:
- Additional leave after FMLA has been exhausted,
- Educational leave, or
- Leave for justifiable personal reasons.
Leave of absence requests for periods up to one (1) year requires the approval of line management up to the president. Leave of absence for periods exceeding one (1) year may be granted upon recommendation of the president and approval by the chancellor. Leave of absence shall be granted for any period (which may exceed one (1) year) when an employee transfers to another TBR institution or school or to the Board's central office and requests to be placed on leave of absence.
Employees who request an unpaid leave of absence due to a Family and Medical Leave Act (FMLA) qualifying event shall have their leaves processed in accordance with the provisions of TBR Policy 5:01:01:14 regarding eligibility, continuation of insurance coverages, maximum leave period for parents who are both State employees, etc.
If an employee is not eligible for FMLA leave or the period of the leave exceeds the FMLA maximum, the remaining balance of the leave shall be processed in accordance with the provisions of this policy.
In addition, an employee who is on an unpaid leave of absence which does not qualify as FMLA leave shall be responsible for paying both the employee and employer portion of insurance premiums.
While on leave of absence for educational purposes or other justifiable personal reasons other than non-qualifying FMLA leave, illness, injury, or disability, an employee retains accumulated annual and sick leave but does not earn or accrue additional annual or sick leave. In addition, an employee on leave of absence is not entitled to compensation for official holidays occurring within the leave period.
Faculty approved by the president for a leave of absence will be compensated at the adjunct faculty rate for teaching done during the leave of absence. Faculty approved for a reduced load will be paid a prorated amount of their base salary.
An employee may not choose to take leave without pay if they have applicable accumulated leave.
Per TBR Guideline P-120, employees on an approved leave of absence will have their longevity anniversary dates adjusted upon their return from unpaid leave.
In addition to the previously defined leave of absence policy, pursuant to Chapter 52 of the Public Acts of 1989, public employees who qualify as members of a United States team for athletic competition, on the World, Pan-American or Olympic level in a sport contest in either Pan-American or Olympic competitions are eligible to request a leave of absence with or without pay for the purpose of preparing for and engaging in the competitions just described. Team is defined as meaning any group leader, coach, official, or athlete who comprises the official delegation of the United States to World, Pan-American, or Olympic competition. In no event shall the total of all such leave exceed the period of the official training camp and competition combined plus a reasonable amount of travel or 90 calendar days a year whichever is less. The granting of leave under this section shall be discretionary with the public employer. In order to qualify for athletic competition leave, a public employee must: 1) be actively working for the public employer from whom the leave is requested at the time the request is made; 2) request such leave of absence a reasonable period prior to the date the public employee wishes the leave to commence; 3) at the time of the request, the employee shall provide the employer with the actual or anticipated dates of the competition, the dates of the official training camp, and specify the total number of leave days that will be necessary in order for the public employee to participate; 4) the public employee must provide satisfactory evidence of qualification and selection for participation.
An employee of Northeast State who is a member of the United States Air Force Auxiliary Civil Air Patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, shall be entitled to a leave of absence with pay for a period of not more than fifteen (15) days during a calendar year for such purposes if the leave of absence is at the request of the employee’s wing commander or the wing commander’s designated representative. Any leave of absence pursuant to this section shall be in addition to any other leave of the employee. All other rights and benefits of the employee, including seniority rights, insurance benefits, health insurance benefits, creditable service and all other such rights and benefits, shall continue.
The employee may be granted leave pursuant to the provisions of this Act with or without pay subject to the complete discretion of the employer. If leave of absence under this Chapter is granted with pay, the employee retains accumulated annual and sick leave and continues to earn or accrue additional annual and sick leave. The employee is also entitled to compensation for official holidays occurring within the leave period. If the leave is granted without pay, an employee retains accumulated annual and sick leave, but does not earn or accrue additional annual or sick leave. The employee on leave of absence without pay is not entitled to compensation for official holidays occurring within the leave period. The president must approve the request.
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Revision History: May 2002; Aug. 2005; June 2009; Nov. 2018; Edited Nov. 2019