Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

PERSONNEL
60.56
New 6-06
Human Resource Services
335-4521

Faculty and Administrative Professional Personnel Leave

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OVERVIEW

The faculty and administrative professional personnel leave regulations included in this section are based upon policies in the Faculty Manual, the Administrative Professional Handbook, the Business Policies and Procedures Manual, and the Fair Labor Standards Act (29 USC 201).

Types of leave described in this section are:

For information regarding shared leave, see 60.58.

Ineligible for Leave

The following categories of faculty and administrative professional employees do not earn leave:

Ineligible for Annual Leave

Faculty on academic appointments do not earn annual leave.

Departmental Guidelines

In addition to the rules specified in the Business Policies and Procedures Manual (BPPM), the Faculty Manual, the Administrative Professional Handbook, and the Fair Labor Standards Act (29 USC 201), departments should develop internal processes for requesting and approving all leave. (WAC 357-31-100)

Assistance

Supervisors and employees may contact Human Resource Services (HRS) regarding leave issues and for interpretations of these regulations; e-mail hrs@wsu.edu, or telephone the campus HRS office at:

Reporting Leave

A faculty or AP employee who is ineligible to earn overtime reports leave on a Leave Report form. See 60.63.

A faculty or administrative professional (AP) employee who is eligible to earn overtime reports leave on a Time Report for Overtime-Eligible Employees. See 60.60.

ANNUAL LEAVE

Earning Annual Leave

Faculty and administrative professional personnel on full-time annual appointments earn annual leave at the rate of 14.67 hours per month of completed service.

Administrative professional (AP) personnel on academic, temporary, or part-time appointments earn annual leave based upon percent of full-time employment; e.g., half-time employees earn 7.34 hours per month. NOTE: AP appointments are not established for less than 50 percent FTE and/or for less than a six-month term. See the Administrative Professional Handbook for more information at:

http://www.hrs.wsu.edu

Select Administrative Professional, then
Select AP Personnel Handbook.

Employees hired or separated within the month receive leave on a prorated basis. Prorated annual leave for the month is calculated as follows:

Number of days worked number of working days in the month = Fraction

Fraction x 14.67 x Percent FTE = Annual leave accrual

Maximum Accrual

The maximum annual leave accrual is 352 hours (44 working days).

LWOP

Faculty and administrative professional employees accrue annual leave on a prorated basis for portions of months that include leave without pay.

Prior State Service

An employee who transfers from another state of Washington agency without a break in service transfers accrued annual leave hours. See 60.19 for more information and instructions.

Using Annual Leave

An employee may not use annual leave before the leave is earned. EXCEPTION: The annual leave hours earned during the final month of the appointment may be used in the final month.

Leave is scheduled with the approval of the unit administrator.

A faculty member moving from an annual to an academic year appointment must use any accrued annual leave within one year to avoid loss of earned leave.

A faculty or AP employee on a temporary appointment must use accumulated annual leave prior to the termination date of the appointment unless the employee receives a written exception from the dean, director, or chair of the department.

Leave Must Be Allowed

The unit administrator must allow an employee to take annual leave for:

Use of Annual Leave While On LWOP

An employee may not use annual leave while on leave without pay (LWOP). EXCEPTION: An employee who is on LWOP for one of the following may schedule leave each month for the period indicated to maintain eligibility for WSU-sponsored employee benefits:

Head Residents

Head residents are granted regular student holiday periods in lieu of annual leave.

Sponsor Restrictions

Some sponsored agreements require that annual leave earned on a given contract be used during the contract. Leave balances earned while the employee is supported by any other source of funds may not be used during such a contract.

International Contracts

International contracts include the above restriction. When a WSU employee is appointed to an international contract, the employee's existing annual-leave balance is frozen. The employee must use all annual leave earned while abroad within the effective dates of the appointment or forfeit any unused hours.

Upon completion of the assignment abroad by assignment to a domestic project or to a state-funded appointment, the previously frozen annual leave balance is unrestricted and available in accordance with WSU policies.

Payment Upon Separation

See 55.49.

CIVIL LEAVE

WSU grants employees leave of absence with pay to serve on jury duty, as trial witnesses, or for other subpoenaed civil duties.

Jury Compensation

The employee may keep any compensation he or she receives for serving as a member of a jury.

Official Capacity

If an employee is appearing in court or at a hearing in a WSU official capacity, the employee is not on leave from the University. The activity is considered to be part of the employee's regular assignment. The employee is reimbursed for any incurred expenses in accordance with University procedures.

Voluntary Expert Testimony (Faculty Only)

Voluntary expert testimony by faculty members is governed by University policies regarding compensated outside service and extended professional activities for faculty. See 60.44 and the Faculty Manual.

COMPENSATORY TIME

Full-time overtime-eligible faculty and overtime-eligible AP employees receive time and one-half regular pay for all hours worked in excess of forty hours per week.

Part-time overtime-eligible faculty and overtime-eligible AP employees receive straight time up to forty hours per week. These employees are eligible to receive time and one-half regular pay for hours worked in excess of forty hours per week.

Overtime eligible faculty and overtime-eligible AP employees receive cash payments for overtime for hours worked in excess of 40 hours in one work week. However, at the employee's request, an employing official may approve compensatory time off in lieu of cash.

AP Employees Only

For overtime-eligible AP employees, all paid holidays during the employee's regular work schedule are considered to be hours worked for purposes of determining overtime.

Leave with pay taken during the employee's regular work schedule is not considered to be hours worked for purposes of determining overtime.

DISABILITY LEAVE

Faculty and AP employees may be qualified to receive disability leave, including leave due to pregnancy and/or childbirth, under the family medical leave (FML) program. See below.

If not eligible for FML, faculty and AP employees may use any accrued leave (e.g., sick leave) or leave without pay during the temporary disability.

For advisory guidelines and more detailed information about disability leave, including disability leave due to pregnancy and/or childbirth, contact HRS or access the HRS website at:

http://www.hrs.wsu.edu/

Select Manager's Toolkit, then
Select Medical Leave Information.

EMERGENCY LEAVE

Faculty and AP employees may use emergency leave for a death in the family or of a household member/partner or other comparable emergency.

Refer to the Faculty Manual and the Administrative Professional Handbook for definitions of family members and household members/partners.

To view the Faculty Manual, go to:

http://facsen.wsu.edu/faculty_manual/index.html

To view the Administrative Professional Handbook, go to the HRS website at:

http://www.hrs.wsu.edu

Select Administrative Professional, then
Select AP Personnel Handbook.

Deans or principal administrative officers may grant emergency leave not to exceed five days.

Extended Emergency Leave

Faculty

The Provost or the Provost's designee may extend leave up to ten days for faculty employees. See the Faculty Manual regarding procedures for requesting extended emergency leave.

AP Employees

The employee's administrative officer and the Director of HRS may extend leave up to ten days for administrative professional employees. See the Administrative Professional Handbook regarding procedures for requesting extended emergency leave.

FACULTY LEAVE WITH PAY

Leave with pay for purposes of official duties or services on behalf of the University may be authorized for faculty employees by the dean or principal administrative officer. For deans and principal administrative officers, leave may be authorized by the Provost. (Faculty Manual)

Special Leave With Pay

Ten days of special leave with pay may be requested by faculty members after two years of completed service. Additional requests may be made after each two-year period of completed service. Route written requests to the Provost and Executive Vice President through the intermediate administrative supervisors. (Faculty Manual)

FACULTY RETRAINING LEAVE

Faculty members may request retraining leave for up to two semesters or one year, respectively, for academic or annual year appointments.

A faculty member is eligible for retraining leave provided he or she expects to serve WSU for at least five years following the leave and before retirement.

Procedures for applying for retraining leave are available from the Provost's Office. See the Faculty Manual for additional information.

FAMILY MEDICAL LEAVE

Faculty and administrative professional employees may use annual leave, sick leave, or leave without pay for family medical leave (FML).

Family medical leave benefits are provided concurrently with University leave benefits, in accordance with the federal Family Medical Leave Act. See also below.

Contact HRS for information concerning current University procedures used to implement the Family Medical Leave Act, or view the advisory guidelines at the HRS website:

http://www.hrs.wsu.edu/

Select Manager's Toolkit, then
Select Medical Leave Information.

Requirements

In accordance with the Family and Medical Leave Act of 1993 (29 USC 2601 et seq.), an employer must grant an eligible employee a total of 12 work weeks of absence during a rolling 12-month period in order to:

Eligible Employee

An eligible employee is an employee who has:

FML Provisions

The following provisions apply to the granting and use of family medical leave (FML):

Application

For application advisory guidelines and more detailed information concerning family medical leave, see the HRS website at:

http://www.hrs.wsu.edu

Select Manager's Toolkit, then
Select Medical Leave Information.

Additional Information

Faculty and AP employees may refer to the family medical leave rules in the Faculty Manual and the Administrative Professional Handbook regarding such disability leave.

To view the Faculty Manual, go to:

http://facsen.wsu.edu/faculty_manual/index.html

To view the Administrative Professional Handbook, go to the HRS website at:

http://www.hrs.wsu.edu

Select Administrative Professional, then
Select AP Personnel Handbook.

HOLIDAY

A holiday is a day when all University offices and departments on a WSU campus are closed except for certain essential service units.

The University provides ten holidays each fiscal year for faculty, AP, and civil service employees. Refer to the holiday schedule in 60.76 for current WSU holiday schedules for specified University locations.

An employee on a less than 12-month appointment is eligible for holidays scheduled within the appointment term.

NOTE: An employee must be in pay status the work day prior to the holiday in order to receive pay for the holiday.

Academic Faculty Only

For academic faculty on less than 12-month appointments, a break in the academic calendar when classes are not taught is not considered a holiday unless the break coincides with a designated University holiday. See 60.76. Academic faculty positions include instructional and research positions.

NOTE: The University expects academic faculty with ongoing responsibilities to perform those duties during academic breaks.

If the faculty member is exempt from this requirement as part of the employment contract, this is indicated on the Personnel Action form in Remarks. See 60.25.

LEAVE DUE TO SUSPENDED OPERATIONS

All employees refer to 50.40 and 60.40.

LEAVE FOR LIFE-GIVING PROCEDURES

Employees are eligible for paid leave for the sole purpose of participating in life-giving procedures. Paid leave for participation in life-giving procedures:

(Executive Order 02-01)

A life-giving procedure is defined as a medically-supervised procedure involving the testing, sampling, or donation of blood, platelets, organs, fluids, tissues, and other human body components for the purposes of donation, without compensation, to a person or organization for medically necessary treatments.

Employees must provide reasonable advance notice of a desire to take paid leave time to participate in live-giving procedures. Supervisors may take into account program implementation and staffing replacement requirements in determining whether or not to grant such leave time.

In order to be credited with organ/blood donation leave time, an employee must provide written proof from an accredited medical institution, physician, or other medical professional that the employee participated in a life-giving procedure.

Any additional time needed for life-giving procedures is subject to University leave policies and collective bargaining agreements. Supervisors may also continue or implement informal, flextime, or other leave arrangements for these purposes.

The University's life-giving procedures leave policy does not create any entitlement or other right which may be converted to cash, other compensation, or any other benefit. The policy is intended only to encourage altruistic life-giving procedures, and to allow paid leave to participate in such procedures.

LEAVE FOR VOTING

Supervisors are to arrange faculty and AP employees' working hours on the day of a primary, general, or special election to allow employees reasonable time to vote. (Up to two hours may be allowed.) (RCW 49.28.120)

The supervisor may not deny the use of compensatory time or annual leave for up to two hours on an election day if:

LEAVE WITHOUT PAY (LWOP)

Faculty employees may refer to the Faculty Manual for more information about faculty leave without pay availability, restrictions, and procedures. To view the manual, go to:

http://facsen.wsu.edu/faculty_manual/index.html

Administrative professional (AP) employees may be granted up to 12 months of leave without pay upon approval of the appointing authority. An extension for up to an additional 12 months may be granted upon the approval of the appointing authority and the Director of HRS. AP employees refer to the Administrative Professional Handbook, available at the HRS website at:

http://www.hrs.wsu.edu

Select Administrative Professional, then
Select AP Personnel Handbook.

Requesting LWOP

Employees are to submit requests for extended LWOP in writing. Faculty and AP employees follow the procedures in the Faculty Manual and the Administrative Professional Handbook to prepare and route LWOP requests for appropriate administrative approval.

Submit approved LWOP requests to HRS.

Family Medical Leave

If the LWOP request is for the employee's serious medical condition, maternity or parental leave, or to attend to the serious medical condition of a family member, refer to the family medical leave rules. See above.

Leave Accruals While on LWOP

Faculty and AP employees do not earn annual or sick leave while on full leave without pay, i.e., not working any days in a calendar month.

Faculty and AP employees who are on partial LWOP, i.e., working one or more days in a calendar month, accrue annual and sick leave on a prorated basis.

Insurance Benefits

LWOP for a period which is equal to or greater than one calendar month requires personal payment of insurance premiums unless:

Faculty or AP employee is using eight hours of paid leave per month to keep benefits in effect for up to four months for her or his own condition; or

Faculty or AP employee is using eight hours of paid leave per month to keep benefits in effect for up to 12 weeks for parental leave.

NOTE: Eight hours of pay may not generate enough pay to cover the employee's portion of the insurance premium. Contact HRS to inquire how much leave must be used each month to cover employee's portion of the insurance premiums.

Contact HRS regarding personal payment of insurance premiums, as needed; telephone 335-4521.

Review the following for more information regarding eligibility for benefits during periods of LWOP:

MILITARY LEAVE

The University grants leave with pay and LWOP for military leave to employees called to active duty or to take part in any active training duty with any of the armed forces of the United States.

Military Leave With Pay

Paid military leave for an employee is not to exceed 15 working days during each year beginning October 1 and ending the following September 30.

The employee receives paid military leave in addition to any annual or sick leave to which she or he is entitled. Paid military leave is not to result in any reduction in employee benefits, performance rates, privileges, and pay.

Physical Examination

Employees are not charged leave hours for time used to take a physical examination to determine fitness for military service. Employees do not report leave hours taken for this purpose on Time or Leave Reports.

Military Leave Without Pay

If the leave exceeds 15 working days, the University must grant the employee a military leave of absence without pay for service in the uniformed services of the United States or the state, and reinstatement as provided in RCW Chapter 73.16.

Shared Leave During Periods of Military Leave

Refer to 60.58 for information regarding eligibility and application for shared leave during military leave.

Requesting Military Leave

Upon presentation of military orders to the appropriate dean or principal administrative officer, the University grants employees leave with pay and/or leave without pay for active armed forces training duty and active service duty.

PARENTAL LEAVE

An eligible employee may request parental leave for up to 12 weeks for the birth and care of the employee's newborn child or the placement of a child with the employee for adoption or foster care. (RCW 49.78.030) This leave is in addition to any leave for illness or temporary disability due to pregnancy and/or childbirth.

Contact HRS for additional information regarding parental leave.

PERSONAL HOLIDAY

Annual faculty and all AP employees are entitled to a personal holiday each fiscal year.

Employees must take all personal holiday hours on one day. EXCEPTION: Employees may take personal holiday hours as a partial day if some of the personal holiday hours are:

PROFESSIONAL LEAVE

Faculty and AP employees are eligible for professional leave. Refer to the written instructions from the Provost's Office and the Faculty Manual for more information.

SICK LEAVE

Earning Sick Leave

Full-time faculty and AP employees earn sick leave at the rate of eight hours per month of completed service. Academic-year employees earn eight hours per month (one working day) for each full calendar month of full-time summer employment.

Qualifying part-time faculty and AP employees earn sick leave based on a percent of full time employment; e.g., half-time employees earn four hours per month of completed service.

Leave Accrual

Employees hired or separated within the month receive leave on a prorated basis. Prorated sick leave is calculated as follows:

Number of days worked number of working days in the month = Fraction

Fraction x 8.00 x %FTE = Sick leave accrual

Employees may accumulate an unlimited number of sick leave hours.

LWOP

Faculty and administrative professional employees accrue sick leave on a prorated basis for portions of months that include leave without pay.

Prior State Service

An employee who transfers from another state of Washington agency without a break in service transfers accrued sick leave hours. See 60.19.

The University restores unused sick leave balances for any state of Washington employee who is reemployed within three years of the termination of prior state employment.

Using Sick Leave

Employees must earn sick leave before it is used.

Employees may use sick leave under the following conditions:

The University may require medical verification or certfication of the reason for sick leave use.

AP Employees

Only AP employees may use sick leave for condolence or bereavement. See "Emergency Leave" above for additional information.

Use of Sick Leave While on LWOP

An employee may not use sick leave while on leave without pay (LWOP). EXCEPTION: An employee who is on LWOP may schedule sick leave each month for up to four months to maintain eligibility for University-sponsored employee benefits and/or to cover his or her portion of the insurance premiums if the employee is eligible for:

Requesting Leave / Notifying Supervisor

An employee reports inability to work due to illness or disability to her or his supervisor at the beginning of any period of sick leave and daily thereafter unless the employee and the supervisor make other arrangements.

The employee should apply for family medical leave if the need for sick leave usage:

For application advisory guidelines and more detailed information regarding family medical leave, see the HRS website at:

http://www.hrs.wsu.edu

Select Manager's Toolkit, then
Select Medical Leave Information.

Payment For Accrued Sick Leave

The following two options allow an employee to be paid for accrued sick leave:

At retirement, an eligible employee may either receive benefits from the Voluntary Employee's Benefit Association Medical Expense Plan (VEBA MEP) or receive payment for accrued sick leave. The employee does not personally choose between VEBA MEP or sick leave payment. See 55.49 for more information.

NOTE: Employees who separate from WSU for any reason other than retirement or death are not eligible for payment of accrued sick leave.

TRAINING RELEASE TIME

Employees are entitled to 96 hours of training release time per year to attend training sessions. See 60.72. Applicable training sessions may include management-assigned Skillsoft online classes.

Training leave is considered time worked for purposes of computing overtime for overtime-eligible employees.

UNAUTHORIZED ABSENCE

Unauthorized absences are treated as unauthorized leave without pay. Possible ramifications of unauthorized absences are addressed in the Faculty Manual and the Administrative Professional Handbook.

To view the Faculty Manual, go to:

http://facsen.wsu.edu/faculty_manual/index.html

To view the Administrative Professional Handbook, go to the HRS website at:

http://www.hrs.wsu.edu

Select Administrative Professional, then
Select AP Personnel Handbook.

WORK-RELATED INJURY OR ILLNESS

In the event that a faculty or AP employee sustains a work-related injury or illness and is approved to receive workers' compensation from the Department of Labor and Industries, the employee may:

During the first three months in which an employee is off, he or she may use any combination of leave and LWOP.

As of month four, University policy does not allow for an employee to move back and forth from a paid leave to LWOP status. EXCEPTION: An employee who is receiving worker's compensation, is using his or her sick leave, and is participating in the sick leave buy back process. An employee may use any sick leave which he or she has bought back at the beginning of each month, and may continue to do so until her or his sick leave balance is depleted.

For more information regarding sick leave buy back, see the HRS website at:

http://www.hrs.wsu.edu/

Select Benefits, then
Select Workers Compensation.

See also SPPM S25.27.

Use of Accrued Leave While on Worker's Compensation

For information regarding the implications of using sick leave, annual leave, compensatory time, or holiday pay while on worker's compensation, see SPPM S25.27.

NOTE: An employee may use any combination of leave and LWOP during the first three months he or she is off work. As of month four, any accrued sick leave used must have been purchased back through the sick leave buy back procedure.

For additional information, contact HRS; telephone 335-4521; or go to the HRS website at:

http://www.hrs.wsu.edu/

Select Benefits, then
Select Workers Compensation.