Office of the Provost

Faculty and Unclassified Staff Handbook
Chapter 5 -- Faculty: Leaves, Insurance, and Retirement Benefits

Leaves

Annual Leave

Persons appointed to unclassified faculty positions of less than 12 months do not accumulate or earn annual leave. Their academic duties are closely related to the presence of students on campus. Student recesses offer persons appointed to positions that do not earn annual leave an opportunity to engage in research and perform other necessary professional duties. In consideration of the professional nature of a faculty position, faculty are expected to fulfill appropriate, professional, and departmental responsibility throughout the academic year, including student recesses, exclusive of legal holidays. The academic year begins with student registration or similar duties in the Fall and continues for nine months.

Persons appointed to full-time 12 month unclassified positions or to full-time, less than 12-month unclassified non-instructional positions shall earn paid annual leave not to exceed 176 hours per fiscal year. Persons appointed to less than full-time 12-month unclassified positions and persons appointed to less than full-time, less than 12-month unclassified non-instructional positions shall earn annual leave on a pro-rated basis.

Persons appointed to unclassified positions that are eligible to earn annual leave may accumulate a maximum of 304 hours of annual leave; provided, however, that an employee may receive, upon termination from employment or upon moving from a position earning annual leave to a faculty position for less than twelve months, payment for no more than 176 hours of annual leave, and, at retirement or at termination of employment when retirement eligible, an employee may receive payment for up to 240 hours of annual leave.

Kansas Board of Regents: Policies and Procedures Manual (09-21-06).

Leave credit shall be accumulated on the basis of one day per pay period for 22 bi-weekly pay periods to provide desirable flexibility. The 22 days of leave may be broken into smaller segments, but it does not need to be reported for periods of less than one-half day. Full-time, twelve-month faculty members who work less than a year will be credited with leave on the prorated part of the year employed. Days of annual leave are defined as all working days taken off with the exception of those holidays approved by the governor.

Annual leave should be arranged in advance with the approval of the staff member's department head and dean for periods convenient to the work of the University. Every effort will be made to accommodate the personal wishes of the employee. Annual leave will be reported bi-weekly on electronic time sheets completed by the department’s designated timekeeper. Annual leave is not earned while on sabbatical leave.

Bereavement Leave

Unclassified employees may be granted leave with pay upon the death of a close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant bereavement leave, and, if so, the amount of leave to be granted.

Kansas Board of Regents: Policies and Procedures Manual (1-27-94).

Family Medical Leave

For purposes of administering the Family Medical Leave Act (FMLA), all Regents institutions shall:

1. designate qualifying leave as Family Medical Leave whether or not the employee requests such a designation;

2. consider the twelve-month period, within which an eligible employee who experiences a FMLA qualifying condition or circumstance, to begin concurrently with the first day of Family Medical Leave and any subsequent twelve-month period would begin the first time an eligible employee again experienced a FMLA qualifying condition or circumstance after the expiration of the first twelve month period; and

3. require employees whose leave is designated Family Medical Leave to substitute accrued paid leave for unpaid Family Medical Leave for up to twelve weeks within the applicable twelve-month period.

Any Regents institution may adopt a policy allowing a member of the faculty holding a tenure earning appointment who has taken Family Medical Leave to request an additional year in which to work toward tenure.

Subject to the above, each Regents institution shall adopt policy and procedures to provide leave to its employees pursuant to the FMLA.

Kansas Board of Regents: Policies and Procedures (11-16-95).

The following policies have been developed to ensure University-wide compliance with the Federal Family and Medical Leave Act of 1993 (FMLA) effective August 5, 1993.

1. University employees are eligible for leave under FMLA when they:

a. have been employed by the University for 12 months in a .5 FTE or greater position;

b. and are currently employed in a .5 FTE or greater position.

2. Eligible classified and unclassified employees are entitled to use 12 work weeks of leave for FMLA-qualifying purposes during any 12-month period from the first day leave was taken. Work week means 7 consecutive 24-hour periods.

3. For leave under FMLA, the University will require the use of accumulated sick leave or vacation leave or combination thereof before the use of leave without pay. Any leave with or without pay designated as leave under FMLA will count against the employee’s FMLA entitlement.

4. Eligible employees are entitled to use leave under FMLA when taken:

a. for the birth of the employee’s child or placement of a child with the employee for adoption or foster care, and care for the child upon birth or placement in the employee’s home (must be taken within 12 months following birth or placement);

b. to care for the employee’s family member, as defined in K.A.R. 1-9-5, with a serious health condition; or

c. for the serious health condition of the employee that makes the employee unable to perform the functions of the employee’s position

5. Request for leave will be given with as much notice as feasible. A 30-day notice is noted in the law.

6. Employees must provide medical certification for leave under FMLA when taken for the serious health condition of the employee or the employee’s family member. Childbirth or adoption does not require certification.

7. Requests for leave under FMLA can only be denied when:

a. the employee does not meet the eligibility requirements as stated in #1 of the policy;

b. the condition does not meet FMLA-qualifying purposes;

c. the employee has failed to provide timely advance notice; or

d. medical certification has not been provided.

8. For employees on leave without pay under FMLA, the University will maintain the employee’s group health insurance coverage or the same conditions as would have been provided if the employee had been continuously employed.

9. Upon return from leave with or without pay that was FMLA-qualifying, the employee will be returned to the same or equivalent position, including same shift or equivalent schedule. All benefits will remain intact.

10. The employment contract for temporary employees, hired to fulfill FMLA leave requests, results from a request for sick leave by a permanent University employee under provisions of the FMLA of 1993. Under FMLA, the employee is entitled to, but not required to use, twelve (12) weeks of leave. The University, upon notice of the permanent employee's desire to resume employment responsibilities, may reassign duties under this contract without further notice, responsibility, cost or penalty.

11. The University will keep all related records in accordance with Section 11(c) of the Fair Labor Standards Act.

Questions regarding FMLA-qualifying events, medical certification, etc., should be directed to the Personnel Office.

Approved by President's Cabinet (04-05-00).

Leaves With Pay

In order to fulfill jury duty, national guard duty, or other appropriate civic obligations, employees may be granted leave with pay pursuant to institutional policy.

Kansas Board of Regents: Policies and Procedures.

Leaves Without Pay

A leave without pay for up to three years may be granted by the chief executive officer of the employing institution when such is judged by the chief executive officer to be in the best interest of the institution. No leave may be granted to any employee who has accepted a permanent position with another postsecondary education institution.

Any extension of a leave without pay beyond three years requires the approval of the Board. The chief executive officer of the employing institution shall provide documentation of extraordinary circumstances justifying the extension of such leave beyond three years.

Leaves without pay will not be regarded as a break in service; however, such leave will not count toward the earning of sabbatical leave nor will other than a scholarly leave count toward the tenure probationary period. Scholarly leave will count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.

During a leave of absence without pay, an employee's eligibility for health insurance shall be determined by and be in accord with the policies, rules, and regulations of the State Employees Health Insurance Commission.

Kansas Board of Regents: Policies and Procedures Manual (11-17-94).

Sabbatical Leave

Recommendations for sabbatical leaves are to be submitted to the President prior to April 1 each year. The following are the conditions under which a sabbatical leave may be granted:

In strictly meritorious cases, a full-time faculty member on regular appointment at any of the Regents institutions of higher education who has served continuously for a period of six years or longer at one or more of these institutions, may, at the convenience of the institution and upon the approval of the president or chancellor of the institution with which connected, be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience, such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:

1. For nine-month faculty members, up to half pay for an academic year, or up to full pay for one semester.

2. For twelve-month faculty members, up to half pay for eleven months, or up to full pay for five months.

Provided:

Regular salary is defined as the salary being paid at the time the sabbatical leave begins. Outside grant funds received by the University in support of the individual's scholarly efforts during his/her sabbatical leave may be used for supplemental salary, but total sabbatical leave salary in these instances may not exceed his/her regular salary. Normally, sabbatical leave shall not be used as a means of augmenting personal income (e.g., a faculty member will not be allowed to teach paid coursework during a leave period).

Provided further:

That the number of faculty members to whom leave of absence with sabbatical pay is granted in any fiscal year shall not exceed four percent of the number of equivalent full-time faculty with rank of instructor or higher, or equivalent rank for the institution concerned for the fiscal year for which the leave of absence is granted.

And provided further:

That no faculty member will be granted leave of absence with sabbatical pay who does not agree to return to the service of the state institution granting the sabbatical leave for a period of at least one year immediately following the expiration of the period of leave. Persons failing to return to the institution granting sabbatical leave shall refund all sabbatical pay. Those who fail to remain for the full year of school service (9 to 12 months depending on annual term of employment) shall refund that portion of their sabbatical pay as represented by the portion of time they fail to serve.

Kansas Board of Regents: Policies and Procedures Manual (06-24-99).

Preference shall be given to those applying for the full year over those applying for a single semester.

Application Procedures for Obtaining Sabbatical Leaves of Absence

Application forms are available on Lotus Notes Workflow or from the Office of the Provost.

The applicant will prepare a formal request (application) for a sabbatical leave that will contain the following:

1. A prospectus indicating how the applicant expects to use the time granted (timeline), breadth and depth of the project, achievability, what travel the project will mandate, and the anticipated outcome or end product.

2. An explanation of the benefits that would be tied to the goals of the department and University accrue to the institution as a result of the leave being approved.

3. Full disclosure of all known or expected funding from sources outside the institution.

4. A list of all previous leaves with dates.

5. A plan for the timely reporting of results of the leave to both the departmental faculty and the administration in the college and University.

6. The semester or academic year for which sabbatical leave application is made with specific dates.

7. A three-year faculty development plan (sample format available in provost’s office)

The formal request shall be filed with the department chair by February 1 of the year prior to the fiscal year in which the leave is to commence.

Applications shall then be forwarded to the appropriate dean. The dean, in turn, shall forward the application with his recommendation to the provost (see current Administrative Calendar for specific deadlines). The latter shall form an advisory screening committee of five (5) faculty members which the provost will chair and which shall include two (2) faculty members appointed by the president of the Faculty Senate to study applications and make recommendations to the president no later than March 6. After official action has been taken by the president, immediate notification of decisions made shall be sent to applicants through administrative channels by April 1.

Revisions approved by Faculty Senate (12-09-96).

Sick Leave

Unclassified employees shall accumulate sick leave at the rate of 3.7 hours per biweekly pay period with no limit on the number of hours which can be accumulated. Sick leave for unclassified employees on less than full-time appointments shall be reduced proportionately. Sick leave accumulations for persons on sabbatical leave shall be proportionate to the pay status during that leave. No sick leave shall be awarded for periods when unclassified employees are on leave without pay.

Sick leave with pay may be granted only for the necessary absence from duty because of the personal illness, disability or legal quarantine of the employee; or the personal illness or disability of a member of the employee's family when the illness or disability reasonably requires the employee to be absent from work. "Personal illness or disability" shall be defined to include pregnancy, termination of pregnancy, adoption, childbirth, and the recovery therefrom. "Employee's family" shall include persons related to the employee by blood, marriage, or adoption and minors residing in the employee's residence as a result of court proceedings pursuant to the Kansas code for care of children or the Kansas juvenile offenders code.

If upon retirement an unclassified employee has accrued 800 or more hours of sick leave, the employee shall be compensated for accumulated sick leave in accordance with the provisions of K.S.A. 75-5517 as amended.

Each Regents institution shall adopt appropriate procedures for administering this policy.

Kansas Board of Regents: Policies and Procedures Manual (5-21-98).
When faculty members are ill and cannot meet with their classes, the department chair should be notified as soon as possible so that arrangements may be made to take care of classes.

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