Article 18 Leaves of Absence

Section 1. Requesting Leaves

Leaves of absence may be granted only when employees submit requests to their supervisors or Department Heads within a reasonable time before the desired leave, except as provided otherwise in this Agreement. In the case of emergencies, the request should be made as soon as possible after the emergency arises. Authorization for or denial of a leave of absence shall be furnished to the employee in writing by the immediate supervisor. All requests shall be given reasonable consideration. When eligible, an employee shall earn seniority, vacation, and sick leave during a leave of absence with pay. Vacation and sick leave are not earned during a leave of absence without pay except as provided for in Article 31, Union Rights, Section 5, Unpaid Leave Provisions.

In addition to leaves listed in this Article, Educational Leaves appear in Article 10, Educational and Career Opportunities; Union Leaves appear in Article 31, Union Rights.

Section 2. Paid Leave of Absence

Upon request an employee shall be granted a leave of absence with pay for:

1. Bereavement Leave. Five (5) days of accumulated sick leave shall be granted when a death occurs in the employee’s immediate family, to make necessary funeral arrangements and/or to attend funeral services. Additional sick leave may be granted if necessary. The Employee’s immediate family as defined in this portion of the Article shall mean spouse or Cohabiter, registered same sex domestic partner; children (including foster and step children, and foster, step children and children of the employee’s registered same sex domestic partner); the employee’s parents, grandparents, guardian, grandchildren, siblings, wards, or employee’s parents-in-law or parents of the registered same sex domestic partner. If an employee requests, vacation, compensatory time, or unpaid leave of absence may be used to attend funerals of grandparents, brothers, or sisters of the employee’s spouse or registered same sex domestic partner. With supervisory approval, the employee may use sick leave to serve as pallbearer or to attend funerals of individuals not identified above.
2. Jury Duty. Jury duty, provided the employee is employed at a 50% or greater appointment. An employee serving on a jury is expected to report for work during any work hours when the jury is recessed.
3. Voting. Voting in any regularly scheduled state primary or general election or in an election to fill a vacancy in the office of U. S. Senator or U. S. Representative, or a presidential primary. This leave may only be taken in the morning of the election day.
4. Court attendance in connection with an employee’s official duty. Such attendance shall include transportation to and from the employee’s office and the court.
5. Military leave. Tour of duty in the reserve military forces of the United States or National Guard, not to exceed fifteen (15) work days in any calendar year.

Section 3. Discretionary Leave with Pay If Called as a Witness

The appropriate administrator/supervisor has the discretion to determine whether a leave of absence with pay will be granted for appearance before a court, legislative committee, or other judicial or quasi-judicial body as a witness in action involving the federal government, the State of Minnesota, or a political subdivision thereof, or the University, in response to subpoena or other direction by proper authority.

Section 4. Leaves Without Pay

1. Military leave shall be granted in accordance with statutory requirements.
2. Appearance as an individual rather than as an officer or an employee of the University, whether voluntary or in response to a legal order, to appear and testify in private litigation. If an employee has vacation or compensatory time off available to use, the employee may choose to use that leave for this purpose.
3. In accordance with the University’s policy on the Family Medical Leave Act, an employee shall be granted up to twelve (12) weeks unpaid leave to care for a family member. During this period of time, the Employer shall continue to make the Employer's contribution to the employee's health insurance as though the employee were on payroll. An employee may also be eligible to use sick leave under the provisions of Article 17.
4. An employee shall be granted up to sixteen (16) hours unpaid time per year for business connected to children's schooling (i.e., conferences). If an employee has vacation or compensatory time off available to use, the employee may choose to use that leave for this purpose.
5. Other personal leaves may be granted at any time to any employee for any period of time for personal purposes with department head approval. This leave may include personal unpaid educational leave to attend a University educational program leading toward a university degree.

Should more than one (1) employee in a work location request personal leave at the same time and staffing not allow approval of more than one (1) employee on leave, the employee with the most University Seniority shall get the leave. However, personal or educational leave may be denied if other previously approved leaves do not allow staffing flexibility to grant additional leaves.

Section 5. Parental Leave

1. A two (2) week paid parental leave of absence compensated at the employee’s current percentage appointment shall be granted to employees who are biological or adoptive parents, when requested in conjunction with the birth or adoption of a child, or employees whose registered same sex domestic partners are biological or adoptive parents.

   The employee must have completed nine (9) consecutive months of employment at an average of twenty (20) hours or more paid work time per week. This parental leave shall not be charged against the employee’s vacation or sick leave.

   The employee must give notice of intent to use parental leave to his/her supervisor at least four (4) weeks in advance of the anticipated leave, except under unusual circumstances.

   The parental leave shall begin at a time requested by the employee, although the leave may not begin more than two (2) weeks prior to the due date or anticipated adoption or six (6) weeks after the birth or adoption. In the case where the child must remain in the hospital longer than the birth mother, the leave must begin no later than six (6) weeks after the child leaves the hospital. This leave must be consecutive and without interruption and must be taken during the term of appointment.

   A female biological parent may also use up to twenty (20) days of accumulated sick leave immediately following the parental leave.

   When a woman is unable to perform the duties of her job due to pregnancy, additional accumulated sick leave may be used. If no sick leave is available, an employee may use accumulated vacation leave in accordance with Article 16, Vacation.

2. An unpaid leave of absence for maternity, paternity, or adoption shall be granted to an employee for a period of up to six (6) months when requested in conjunction with the birth or adoption of the child of the employee or the employee’s registered same sex domestic partner. This leave may, upon request of the employee, be extended or renewed for a period not to exceed six (6) months with Department Head approval.

Section 6. Disability Leave

A designated or appropriate administrator may grant a leave of absence without pay for periods of temporary disability due to sickness or injury and shall grant a leave of absence without pay as required under the Family Medical Leave Act. During this leave, the designated or appropriate administrator may periodically require the employee to submit a certificate from the attending physician or from a designated physician. If the employee fails or refuses to supply such certificate, or if the certificate does not clearly show sufficient disability to prevent the employee from performing assigned duties, the designated or appropriate administrator may cancel such leave and require the employee to report for duty on a specified date.

Sick leave without pay may be granted to an employee who is considered permanently and totally disabled according to any disability insurance program in which the University participates. Should employees on such leave recover to the point that they are employable, they shall be treated as though they were laid off and will be eligible to compete for vacancies in accordance with the layoff provisions of this Agreement. An employee on this type of leave will not be allowed to replace or "bump" an incumbent from the employee's most recently held position, unless approved by the hiring authority.

Section 7. Reinstatement After Leave

Except as provided in this Agreement or by Minnesota law, an employee who returns from a leave of absence without pay has the right to return to employment in the same Department and in the same classification at the expiration of the leave. An employee who is laid off before the leave expires shall be entitled to the layoff provisions of the Agreement.

An employee returning from an unpaid leave of absence shall be compensated at the same rate of pay received when the leave commenced plus any non- discretionary increases which became effective during the time of the leave. For increases requiring a specific length of service in order to be eligible, any time off the payroll of four (4) consecutive months or more will extend the eligibility date for the next increase by the entire time off the payroll.