PM-20 Leave Policies for Academic & Unclassified & Classified Personnel

 

I.

Academic And Unclassified Employees A. Annual and Sick Leave 1. Annual Leave and Sick Leave Accrual Rates Employees on an academic year basis do not accrue annual leave but do accrue sick leave. Information on the accrual of sick leave is given in Leave Accrual Option II. Regular academic and unclassified employees on fiscal year appointments of greater than 50% effort accumulate annual leave and sick leave in accordance with one of the options listed below. Transient employees do not earn leave. Academic and unclassified employees on appointments of 50% effort or less do not earn leave. Each new eligible academic and unclassified employee shall, within 30 days of appointment, make an irrevocable election of the leave accrual option they desire. Leave Accrual Option I Annual leave shall be earned by eligible employees in accordance with the following schedule. Sick leave shall be earned in accordance with Option II below. 1. Fifteen (15) or more years of service: Two (2) working days or sixteen (16) hours per month with no limitation on total accumulation. 2. Ten (10) years, but less than fifteen (15) years of service: One and three-fourths (1 3/4) working days or fourteen (14) hours per month with no limitation on total accumulation. 3. Less than (10) years of service: One and three-fourths (1 3/4) working days or fourteen (14) hours per month, with total accumulation limited to 22 working days (176 hours-regardless of percent effort). Leave Accrual Option II Annual and sick leave shall be earned by eligible employees in accordance with the following schedule. There is no limitation on total accumulation of sick leave balance. 1. Fifteen (15) or more years of service: Two (2) working days or sixteen (16) hours per month. 2. Ten (10) years, but less than fifteen (15) years of service: One and three-fourths (1 3/4) working days or fourteen (14) hours per month. 3. Five (5) years, but less than ten (10) years of service: One and one-half (1 1/2) working days or twelve (12) hours per month. 4. Three (3) years, but less than five (5) years of service: One and one-fourth (1 1/4) working days or ten (10) hours per month . 5. Less than three (3) years of service: One (1) working day or eight (8) hours per month     2. Accrual Conditions A. Leave accrual begins with the appointment or continuation that extends employment beyond 180 days, provided employment is for greater than 50% effort. Leave is accrued in proportion to the percent of effort.     B. For leave accrual purposes, years of service is based on full-time equivalent State service in pay status as defined below. Academic year employees shall accrue leave on the basis of one academic year equals one full year of service. Employees appointed for less than full-time, but more than 50% effort, shall accrue leave in proportion to their percentage of full-time. Effective with appointments beginning on or after January 1, 1999, the following types of state service shall count toward service for leave accrual purposes. 1. All service as a classified employee.     2. Service as an academic or unclassified employee at a Louisiana public institution of higher education, excluding service as a student, graduate assistant, resident, or fellow.     3. Service as an unclassified employee under Civil Service Rules 4.1(d)2. and 11.19(d).     4. The Chancellor may at his/her discretion authorize the counting of other unclassified state service when it was earned on an appointment which was of a recurring and essentially full-time nature (e.g., unclassified under secretary at a major state agency).     C. Accumulation of leave is measured in hours per month in pay status.     D. No sick or annual leave is accrued while employee is on sabbatical leave, educational leave of absence, leave-without-pay, or gratis employment.     E. If an appointment is effective on the first working day of the month, leave accrual shall be based on a full month's service.       F. Accrual and conversion of leave for the purpose of determining retirement credit is based on regulations of the applicable retirement system.     G. An employee who is on leave-without-pay or employed for 50% or less effort for an entire calendar month does not accrue leave for that month. An employee in paid status and greater than 50% effort for at least half but not all of the working days in the month accrues one-half of his/her leave. An employee in paid status and greater than 50% effort for less than half the working days in the month does not accrue leave for that month.     H. Changes with anniversary date of appointment. As an employee's years of service increase, the leave accrual rate will increase according to Leave Options I and II of this policy statement. 1. An employee whose anniversary date of appointment falls on the 1st through the 15th of a month will accrue leave at the higher rate for the whole month.     2. An employee whose anniversary date of appointment falls on the 16th through the end of a month will accrue leave at the lower rate for that month and will accrue at the higher rate on the first of the following month.     I. Academic-year employees: 1. A regular employee accrues sick leave when appointed for the summer school session or on summer research status in proportion to the full-time equivalent of appointment.     2. A new employee begins to accrue sick leave if appointed concurrently for the summer school session or summer research and the succeeding academic year. A new employee appointed for the summer school session only does not accrue sick leave.     3. Advance of Leave. Advancing of sick leave or annual leave credits is not permitted. Sick leave or annual leave cannot be shared or borrowed from the leave balances of other employees.     4. Restoration of Leave Credits Upon Re-employment   a. Re-employment after military service: All sick and annual leave accrued by an employee for which payment was not made at time of separation from the University System to enter military service will be credited upon re-employment at the University System immediately following such military service.     b. All sick and annual leave accrued by an employee for which payment was not made upon resignation or upon layoff, but not retirement, will be credited to the employee if re-employed by the University System within a period of five years from date of separation, provided that the employee is eligible to accrue leave and termination was not made for cause (disciplinary action).  An employee must be re-employed in a benefit eligible position as a condition for using credited sick leave.   5. Status of Leave Upon Change in Pay Basis Employees on a fiscal pay basis who are to be transferred to an academic basis should be permitted, where feasible, to take any accumulated annual leave prior to the effective date of such change in status. Any annual leave not taken by the effective date of such change in status is to be retained to the credit of the employee for future use if the employee changes back to a fiscal year appointment, or for payment and/or service credit upon separation or retirement in accordance with applicable policies.   6. Transfers Within the University System or From Another State Agency to the University System a. When an employee changes employment status within the University System (Faculty/Other Academic/Unclassified/Classified) or from another State Agency to the University System without a break in service of one or more working days, accrued annual and sick leave credits of the employee will be certified and credited to the leave record; provided that an employee cannot be given more leave credit than he/she could have accrued had he/she performed all of the service under the leave accrual regulations of the University.     b. When the amount of annual leave transferred exceeds 176 hours and the employee has less than 10 years of State service, if the employee selects Leave Accrual Option I, the employee may not be credited with any more leave until his/her balance falls below 176 hours or he/she attains 10 years of State service. (NOTE: Employees with greater than 176 hours should consider selecting Leave Accrual Option II.)     c. There is no provision for receiving credit for any unused, unpaid annual or sick leave when a person is retired from another State agency and then employed by LSU.     d. Academic and unclassified employees do not accrue compensatory leave in the LSU System; therefore, compensatory leave is not accepted for transfer with new academic or unclassified employees.     7. Use of Leave a. Sick and annual leave are creditable at the end of the employee's pay period.     b. Annual leave as defined under "Definitions" may be used for any personal purpose at any time after it is credited contingent upon departmental or other designated approval. The term of the leave and service commitments subsequent to the leave may not extend beyond the period for which support is committed to the position or contract.     c. Sick leave as defined under "Definitions" may be used any time after it is credited. The term of leave and service commitments subsequent to the leave may not extend beyond the period for which support is committed to the position or contract.     d. Minimum charge to leave records shall not be less than a one-half hour initial increment.     e. Employees on academic-year appointment become eligible to use accumulated sick leave during summer appointments only after having completed at least the first day of service in the summer contractual period.     f. Except as provided in Section 1. (B)(9), Sick leave may not be used for child rearing.     g. A written certification from a registered physician or other acceptable proof of disability is required for sick leave of ten or more consecutive workdays, unless a shorter time period is designated by the Chancellor.     h. The use of annual leave immediately preceding resignation, termination, or retirement will be limited to the amount of annual leave the employee earns during a calendar year. Where justifiable, exceptions may be made by the Chancellor.   8. Reporting of Leave The appropriate unit of measure to maintain leave records is the hour. A full-time academic or unclassified employee will be assumed to have an 8-hour workday and a 40-hour workweek for purposes of crediting leave in hours each month, and eight (8) hours leave is to be charged for a workday's absence and forty (40) hours for a workweek's absence.   B. Leave Other Than Annual and Sick 1. Civil Leave Leave with pay is granted to an employee while performing jury duty; when subpoenaed to appear as a witness before a court, public body, or commission (A request for such appearance from appropriate authority may be honored without issuance of subpoena.), provided that for these purposes a plaintiff or defendant shall not be considered a witness; when performing emergency civil duties in connection with national defense or other civil emergencies; when an employee who is a member of the National Guard is ordered to active duty incident to occurrences of an extraordinary or emergent nature which threatens peace and property; or when engaged in voting. University employees whose scheduled workday is between the hours of 7:30 a.m. and 5:00 p.m. on an election day, and who are unable to vote prior to or after their workday may be allowed, upon request of the employee and approval of the department head, time off with pay for voting in accordance with the following schedule: Voting Residence Within: 0-30 mile radius of the campus: 2 hours leave 31-60 mile radius of the campus: 4 hours leave 61 or more mile radius of the campus: 1 day leave The department head, in accordance with the above schedule, will have the discretion of determining the amount of leave and when the time off will be given during the workday. Nothing in this policy prevents the department head from inquiring as to the reasons why the employee cannot vote prior to or after the workday.     2. Compensatory Leave There is no provision for compensatory time or overtime payment when extra duty is required of academic and unclassified employees to meet emergency or unusual work load needs consistent with the provisions of the Fair Labor Standards Act.     3. Holiday Leave The holiday leave schedule, PM-5, is provided each year from the President's Office. An employee does not receive holiday payment for a holiday which intervenes while the employee is in a leave-without-pay status.     4. Educational Leave (Educational leave provisions are covered in PM-12.)     5. Leave of Absence Without Pay a. Leave of absence without pay may be granted to employees for good cause. The reasons must be acceptable to the University and the operations of the granting department must not be seriously affected. The term of the leave and service commitments subsequent to the leave may not extend beyond the period for which support is committed to the position or contract. Normally, the person taking leave of absence without pay will return to the University after the leave. Usually, but not necessarily, sick and/or annual leave are exhausted before requests for leave of absence without pay are made. Good cause for granting leave of absence without pay may be interpreted to include, but not be limited by, the following: extended illness; need to provide care for members of the family; other circumstances covered by the Family and Medical Leave Act; education which will directly increase job effectiveness or in special situations, temporary employment outside the University when it is in the interest of public service and/or will be beneficial to the University upon the employee's return. Leaves of absence without pay for a period of less than one year require supervisory approval through appropriate administrative channels to and including the Chancellor or his/her designee. Leaves of absence without pay for a period of one academic year or more or one fiscal year or more, whichever is applicable, must be submitted in writing prior to the expiration date with justification for the request. Such extensions require approval of the Chancellor, President, and Board of Supervisors.     b. Leave-without-pay does not count as credited service for any purpose; however, credited service before and after leave-without-pay shall count in the same manner as if service had been continuous.     c. Sick and annual leave are not accrued while an employee is on leave-without-pay.     d. Reporting of leave-without-pay     1. When leave-without-pay is taken for 30 days or more, the appropriate campus form concerning disposition of insurances must be completed, signed by the employee and submitted with the personnel action form.     2. When an employee is on leave-without-pay because accumulated sick and/or annual leave have been exhausted and the employee requests additional leave, the personnel action form should state "Leave-without-pay for (state reason)."     6. Military Leave   1. Employees who are members of a reserve component of the Armed Forces of the United States or of the National Guard shall be granted leave for periods not to exceed fifteen (15) working days in any calendar year when ordered to active duty. Such leave shall be given without loss of pay, annual or sick leave, or efficiency rating, and when relieved from duty, the employee shall be restored to his/her position. Any portion of a military leave in excess of fifteen (15) working days during a calendar year shall be unpaid/without pay, unless chargeable against accrued annual leave except as described in b) below.     2. Employees on military leave whose military base pay is less than his/her state base pay shall be paid the difference between their military base pay and their state base pay in their regular position.       [Source: Act 327 of the 2003 Regular Session and Civil Service Rule 11:26]     7. Sabbatical Leave (Sabbatical leave provisions are covered in PM-12).     8. Special Leave Leave with pay may be granted to an employee: a. If the Chancellor determines that because of local conditions or act of God, it would be impossible or impractical for the employee to report to work.     b. To attend the funeral or burial rites of a parent, stepparent, child, stepchild, brother, stepbrother, sister, stepsister, spouse, mother-in-law, father-in-law, grandparent, or grandchild. A maximum of two days special leave may be granted on any one occasion.     c. To participate in a State Civil Service examination or to take other examinations pertinent to the employee's position.     d. To report for a pre-induction physical incident to possible entry into the U. S. Military Forces.     e. For limited periods of assignments to other than regular duties which would be beneficial to both the employee and the University System.     9. Personal Leave - Academic and Unclassified Employees on Academic Year Employment a. Regular full-time members of the academic staff and regular unclassified employees on academic year appointment, who do not receive annual leave, shall be allowed to use up to two (2) days of Personal Leave per academic year for personal purposes.     b. All employees requesting Personal Leave shall give their immediate supervisor at least twenty four (24) hour notice prior to taking the leave.     c. Personal Leave used shall be deducted from the employee's sick leave for the current year or sick leave accumulated as provided in R.S. 17:3311.     d. Personal Leave shall not be accumulated from year- to-year, nor shall it be compensated in any manner, including upon death or retirement. (Source: Act 508 of the 2008 Regular Session.)   C. Payment of Leave 1. Terminal Payment of Leave   a. Terminal payment of leave for an academic or unclassified employee may not exceed an amount representing: 300 hours of unused annual leave at the time of retirement or termination for any reason. 200 hours of unused sick leave upon retirement, as defined in b. below, or death prior to retirement.     b. For Optional Retirement Plan (ORP) members, eligibility for sick leave payment upon retirement requires that the employee meet the age and service retirement eligibility requirements of the Teachers' Retirement System of Louisiana.     c. All personnel action forms processed to effect terminations, retirements, or transfers must show the amount of paid and unpaid annual and sick leave.     d. Terminal leave payments are based on the employee's annual base salary, not including any supplements, on the effective date of payment. The hourly rate for leave payments shall be calculated as follows: Base fiscal year (12 month) annual salary divided by 2080; Base academic year (9 month) annual salary divided by 1440. Convert part-time employee's salary to full-time prior to calculating the leave payment by dividing the annual salary by the percent effort.     e. Unpaid accumulated annual and sick leave are added to service credit for computation of retirement stipend (not eligibility) in accordance with the rules of the applicable retirement system.     f. The terminal leave payment for a fiscal year employee who transfers to an academic year appointment will be made at the time of separation and will be based on the academic year formula and the salary rate in effect at the time of separation.   2. Workers' Compensation Payments When an employee is absent from work due to disabilities for which he/she is entitled to Workers' Compensation, the employee must use sick and annual leave payments to supplement Workers' Compensation payments to the equal of the regular salary. To do so, the employee must endorse his/her Workers' Compensation check over to the University. The employee will be re-credited with an amount of leave equivalent to the value of the Workers' Compensation check. In the event an individual receiving Workers' Compensation payments and/or sick or annual leave payments should accept other employment, the Workers' Compensation payments and the sick or annual leave payments may or may not be continued, depending upon the circumstances and in accordance with the law.   D. The Family and Medical Leave Act Eligible employees are entitled to be absent from work for a qualifying event covered by and in accordance with the provisions of the Family and Medical Leave Act (FMLA). The following basic principles apply:  1. FMLA-covered leave is leave-without-pay unless the employee has to his/her credit paid leave (e.g., annual or sick) which is approved to be used to cover all or part of the absence in accordance with applicable leave regulations. Sick leave can only be used for the employee's personal medical condition.     2. An eligible employee is an employee of the LSU System who:   a. Has been employed by the State for at least 12 months, and     b. Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave.   3. The absence must be for one of the following qualifying events: a. For birth of a son or daughter, and to care for the newborn child;     b. For placement with the employee of a son or daughter for adoption or foster care;     c. To care for the employee's spouse, son, daughter, or parent with a serious health condition as defined by the FMLA;     d. Because of a serious health condition, as defined by the FMLA, that makes the employee unable to perform the functions of the employee's job.   4. An eligible employee is entitled to a total of 12 workweeks of absence during a 12-month period using the "first usage" method of determining the 12-month period as defined by the FMLA.     5. Each campus shall have responsibility for developing its own specific policies and procedures for implementation of the FMLA.

II.

Classified Employees The provisions of the Louisiana Department of Civil Service as provided in the Civil Service Rules and the Civil Service Manual are applicable to leave policies and procedures for classified employees. Following are some additional University administrative procedures applicable to classified employees: A. University policy does not provide for advancing sick or annual leave credits when an employee has exhausted all accrued credits.   B. Application and/or certification is required when using leave.   C. A written certification from a registered physician or other acceptable proof of disability is required for sick leave of ten (10) or more consecutive workdays, unless a shorter time period is designated by the Chancellor.   Please refer to PM-12 for educational leave privileges. Leave covered by the Family and Medical Leave Act (FMLA) is governed by Section I. D. above.