Section 22.01 Sick Leave

  (a) Each member of the bargaining unit will earn one and one-quarter (1 '/4) days of paid sick leave per month (up to 15 days per calendar year) beginning with the first full pay period. For the 08-09 academic year the maximum sick accrual shall not exceed 160 days, for the 09-10 academic year the maximum sick accrual shall not exceed 170 days, and for the 10-11 academic year the maximum sick accrual shall not exceed 180 days.

  (b) If for reasons which qualify for the use of sick leave, a faculty member is unable to come to campus at all on a given day and cannot discharge their responsibilities, including but not limited to regular or overload classes, labs, office hours and meetings, the faculty member shall be charged with the use of one full sick day (8 hours).

  (c) If for reasons which qualify for the use of sick leave, a faculty member comes to campus and discharges part or some of  their responsibilities, including but not limited to regular or overload classes, labs, office hours and meetings, the faculty member shall be charged with one-half sick day (4 hours).

  (d) Accumulated sick leave shall not be transferred to the College from any other employment.

  (e) Notification of all absences due to sickness or disability shall be made to the Dean/designee. Written notification shall be made via the Request for Leave form prior to the absences when foreseeable or upon return if unexpected. Failure to provide the Request for Leave form within seven (7) calendar days of the absence will result in the days being unpaid.

  (f) If absent for three (3) or more consecutive days, a certification of illness may be required from the attending physician. A physician's statement may be required in any event of sickness or disability absence if circumstances such as repeated absences warrant, at the sole discretion of the College.

  (g) Earned sick leave (with pay) may also be used when illness in the family requires the attendance, only until other arrangements can be made, to care for the family member. Absences of this nature will normally be brief,of one or two day's duration. Verification of such illness by presentation of a physician's statement may be required. Family member is defined as parent, spouse or child. Deviation from this definition may be granted at the sole discretion of the V.P. for Learning/designee. This decision is not grievable.

  (h) Length of service (seniority) will continue to accumulate during a leave of absence for sickness or disability. There shall be no accumulation of sick leave or paid holidays when the faculty member has exhausted accumulated sick leave.

  (i) Other employment while on sickness and disability leave will be cause for termination unless specifically approved in writing by the College as related to the faculty member's responsibility.

  (j) Employee and dependent tuition and fee waivers, in accordance with Board policy, will be continued during an authorized leave of absence.

  (k) Except for faculty members on FMLA leave, a faculty member on an unpaid leave of absence is responsible for their entire insurance premiums.

  (I) Each faculty member with ten (10) consecutive years or more of full-time service with the College shall be entitled to payment based on the employee's rate of pay at retirement for thirty percent (30%) of the employee's accrued but unused sick leave at retirement up to a maximum of forty (40) FTE workdays or three hundred twenty (320) work hours. An eligible employee must simultaneously retire from the State Teachers Retirement System or Alternative Retirement Plan and from active service with the College. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued at that time. Such payment shall be made only once. Confirmation of retirement shall be obtained from the appropriate retirement system.

  (m) No obligation rests with the College for returning a faculty member to work prior to expiration of the leave.

Section 22.02 Family and Medical Leave (FMLA)

Eligible faculty shall be entitled to a leave of absence under the Family and Medical Leave Act. The College shall grant such leave in accordance with the rules promulgated under the Act. Employees are entitled to twelve (12) weeks of FMLA for qualified reasons per rolling twelve (12) month period (measured backward from the date the leave commences) at their request or if required by the College. Group health benefits will be maintained during the leave period at the same level and under the same conditions as if the faculty member had continued to work in accordance with the College's FMLA policy. Accrued and accumulated paid leave (sick and/or personal) for which a faculty member is otherwise eligible to receive will be applied concurrent with FMLA prior to going on unpaid FMLA.

Section 22.03 Personal Time

   (a) At times, situations not directly relating to physical health arise which require absence from the College. A leave for such reasons may be granted by the Dean as follows:

   (b) Those employed for at least 90 days may utilize up to 16 hours personal leave in any fiscal year for matters of a personal nature. No compensation for unused days will be provided upon termination of employment, nor will these days accumulate.

   (c) Personal days will be prorated based upon hire date as follows:

               Hired between 7/1/XX and 11/30/XX 16 hours

               Hired between 12/1/XX and 3/31/XX 8 hours

               Hired between 4/1/XX and 6/30/XX 0 hours

   (d) A request for personal leave must be accomplished through a Request for Leave form. It must be submitted to the Dean at least three (3) working days prior to the day absence is requested, except in the event of an emergency.

   (e) The granting of the leave shall be contingent upon arrangements being made to cover or reschedule any affected areas of responsibility.

   (f) The Human Resource Office shall maintain a record of the balance of personal leave available to each employee.

   (g) Personal leave may be taken in hourly increments.

Section 22.04 Jury Duty

   (a) Request for an absence due to court service must be accomplished through a Request for Leave form. It must be submitted to the Dean prior to the absence.

   (b) Court service is defined as a situation in which a faculty member is subpoenaed to appear in court as a witness or jury member but not as a defendant against criminal or civil charges, or through legal actions brought by the faculty member against others.

   (c) A faculty member subpoenaed for court service will not have the time away from work charged against personal leave and will not lose pay due to this absence. Court reimbursement of personal expenses such as transportation, parking costs, and meals made to faculty subpoenaed for court service need not be reported to the College. A faculty member excused or discharged from court service before the end of the normal scheduled work day shall report to work as soon as practicable following being excused or discharged.

   (d) No allowance of pay will be made if summoned to court as a result of an infraction against the law or paying fines unless the faculty member elects to take personal leave.

   (e) If serving as a jury member, interpreter, or as an expert witness for the prosecution, plaintiff, or defendant outside of normal scheduled work hours, and receiving compensation other than personal expenses for this service, the compensation will be retained by the faculty member.

   (f) If receiving any pay for court service while they would normally be working at their assigned position, the faculty member will submit the pay to the College and will in turn receive their normal pay from the College. The employee shall submit to their Dean a statement of income earned within five (5) working days of receipt of these funds.

   (g) If a faculty member receives any monies for court services and performance of these services fall outside of their contracted employment period, these monies will be retained by the employee.

Section 22.05 Bereavement

   (a) A request for a paid absence due to bereavement leave must be accomplished through the use of a Request

for Leave form. It must be submitted to the Dean within five (5) working days of returning to work. 38

   (b) Bereavement shall be granted as follows: up to five (5) days bereavement leave for the death of a spouse or child; up to four (4) days for the death of a parent, parent-in-law, brother, sister or member of the same household and/or claimed as dependents for IRS purpose; up to two (2) days for the death of a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, uncle, aunt, niece, or nephew.

Section 22.06 Military

   (a) Bargaining unit members will be granted leave and compensation as required by state law for time on military service.

   (b) The faculty member shall submit to the Dean an order or statement from the appropriate military commander as evidence of such duty and income that will be or was earned.

Section 22.07 Extended Leave of Absence without Compensation

   (a) Faculty requesting an extended leave of absence must first complete and submit a Request for Extended Leave of Absence and a written statement as to the purpose of the leave to Dean and the President prior to the start of the leave. Approval is only for the reason stated in the request and any change will require the submission of another request and its approval.

   (b) Upon receipt of the appropriate approvals, a leave will be granted for up to twelve (12) months if for an educational leave or professional development leave, or for not more than ninety (90) calendar days for other personal reasons when the service of the faculty member is not immediately required and others are available who are capable of performing the work, as determined by the College administration.

   (c) Such leaves of absence may be extended at the discretion of the President when a written request is received at least two (2) weeks prior to expiration of the leave. Failure to comply with the time limits will result in a refusal to extend the leave. Those who do not return to work at the expiration of an extended leave of absence will be considered to have voluntarily terminated their employment at North Central State College.

   (d) Only faculty with at least three (3) years of continuous employment at North Central State College may apply for extended leaves of absence without compensation. Upon expiration of the leave the faculty member will be returned to the same or similar available position at North Central State College.

   (e) Length of service (seniority) will continue to accumulate during an extended leave of absence; however, employment while on such leave will be cause for termination unless otherwise specifically approved in writing by the President. Accrued sick days at the time of the leave will not be lost.

   (f) No accumulation of sick leave time or paid holidays will occur during an extended leave of absence. However, tuition and fee waivers as approved by the Board of Trustees will continue.

   (g) Faculty on an extended leave of absence must make arrangements for payment of all premiums for insurance coverage with Human Resources prior to such leave if they wish to maintain insurance coverage.

   (h) If the faculty member elects to return to work prior to the expiration of the leave, the individual must notify the Dean in writing not less than sixty (60) calendar days prior to the date of intended return. The right to return to work early is subject to availability of work in the individual job classification and employing unit.

   (i) No obligation rests with the College to return to work prior to expiration of the leave. Copies of requests

for all leaves of absence and the reasons therefore must be forwarded to Human Resources.

Section 22.08 Short-term Professional Leave

Bargaining unit members may apply to their Dean for short-term leave for the purpose of attending meetings, workshops, conferences, residencies, short courses and other appropriate activities related to the unit member's work.