HR: 4100, p. 1 HRD: 1138, p. 1 LEAVE Scope: This policy applies to all non-temporary employees encumbering budgeted positions and eligible for enrollment in either the Maryland State Retirement System (MSRS) or the Optional Retirement Program (ORP). Employees may consult with the employee benefits specialist located in the Human Resources Office about specific leave coverage. Policy – The College of Southern Maryland (CSM) seeks to provide a fringe benefits program that will contribute toward the attraction and retention of a competent work force. The college offers a comprehensive leave program which includes annual, sick and personal/family, bereavement, jury, and military leave. Employees and supervisors are responsible for monitoring leave usage and adhering to the policy and procedures contained herein. Annual Leave – Generally, annual leave is planned and requires the supervisor’s approval in advance. (Exception: In an emergency, the employee must call at the start of the shift to request leave.) Sick Leave – Employee and supervisor must inform the employee benefits specialist of any serious illness resulting in more than 5 days absence so proper notification of employee rights can be communicated. Family & Medical Leave Act (FMLA) This Act provides employees up to 12 weeks of unpaid job-protected leave in a 12-month period in the case of the employee’s serious health condition; to care for an immediate family member with a serious health condition; or for the birth of a child or placement of a child for adoption. To be eligible for FMLA benefits, an employee must have worked for a total of at least 12 months and have worked for at least 1,250 hours over the previous 12 months. For the employee’s own serious illness and the birth of a child (maternity), the employee may use accrued sick leave, annual leave, comp time, and leave without pay during the 12 weeks of job-protected leave. An employee who joined the Sick Leave Pool may access it where appropriate (see Sick Leave Pool). Employees are required to provide medical documentation on the FMLA Medical Certification form to support a leave request for their own serious health condition. HR: 4100, p. 2 HRD: 1138, p. 2 To care for an immediate family member (spouse, dependent child, or parent) with a serious health condition, the birth of a child (paternity), or the adoption of a child, the employee may use accrued sick leave, annual leave, comp time, and leave without pay during the 12 weeks of job-protected leave. In no instance will the employee be eligible to access the Sick Leave Pool in these circumstances. Employees are required to provide medical documentation on the FMLA Medical Certification form to support a leave request to care for an immediate family member with a serious health condition. Ordinarily, employees must provide 30 days advance notice when the leave is foreseeable. It is necessary to contact the employee benefits specialist to coordinate FMLA benefits. FMLA job-protected leave is not available to care for an extended family member with a serious health condition. The college recognizes that in certain serious health situations, the employee’s assistance may be needed to care for an extended family member (parentin-law, adult child, brother, sister, grandparent, grandchild, or anyone who has lived regularly in the household of the employee). If the need for leave will extend beyond available sick flex leave, the employee may submit medical documentation outlining the need for care and the duration of care, and request leave for this purpose. If approved, the employee may use sick leave, annual leave, or comp time. No job protected FMLA rights extend to the employee in this situation. Sick Flex Leave - Up to two work weeks of accrued sick leave per fiscal year may be used for family illness, child care emergencies, urgent personal business, or religious observance. Some examples are: medical care for a family member, parent/teacher conference, funeral not covered by bereavement policy, court attendance not covered by jury duty leave, personal property emergency. Sick flex leave may not be used for pleasure or to extend your resignation date. Sick Leave Pool Enrollment – When a new employee joins the Sick Leave Pool and donates 3 days of sick leave, the 3 days are recorded immediately and appear as a negative. Sick leave is earned each pay period for six pay periods to pay for this donation. If the employee is sick during that first three months, annual leave or comp time must be used. (See “Sick Leave Pool” for complete information.) Compensatory Time (Comp) – Accrued comp time must be used before annual leave. (Exception: If an employee is within one week of maximum annual leave accrual, annual leave may be used before comp time.) HR: 4100, p. 3 HRD: 1138, p. 3 Leave Without Pay – Acceptable Family & Medical Leave Act (FMLA) – Exceptional leave without pay is available for qualified FMLA events. Exception for new employees – A supervisor may grant leave without pay for a new employee at time of hire when a vacation had been planned in advance and will occur before the employee has earned enough annual leave to cover the absence. The employee benefits specialist must be notified of the arrangement prior to in-processing the new employee. Military Leave – See “Military Leave” for complete information. Other – Exceptional leave without pay may be granted with the supervisor’s and vice president’s approval. Supervisors may not permanently fill a position encumbered by an employee on approved LWOP. If an employee cannot return to work by the end of the LWOP status, the supervisor may advise the employee that the absence places an unacceptable burden on the efficiency of the department and take steps to terminate the LWOP status and to fill the position. Leave Without Pay – DISCIPLINARY – Absences resulting in leave without pay, other than for the circumstances listed under “Leave without pay – Acceptable,” are subject to disciplinary action. If the employee has no leave or comp time to cover an absence, the employee and supervisor must meet with the human resources executive director immediately and prior to completing the timesheet (non-exempt) or leave slip (exempt). The employee will be charged leave without pay, documentation will be completed, and counseling or disciplinary action may be taken. Bereavement Leave – Supervisors will grant employees up to 4 working days of bereavement leave. This leave applies in the case of the death of a child, grandchild, parent, grandparent, parent-in-law, brother, sister, spouse, or anyone who has lived regularly in the household of the employee. Non-exempt employees should record this leave on their timesheets and exempt employees should record it under “other” on the Exempt Employee Leave Notification Form. Jury Duty Leave – Supervisors will grant employees paid time off from work for jury duty. Leave should be recorded under “other” on the timesheet or leave slip. The employee must furnish the supervisor with the notice requiring jury duty service. Nonexempt employees should attach the notice to their timesheets. Exempt employees should attach the notice to the Exempt Employee Leave Notification Form. HR: 4100, p. 4 HRD: 1138, p. 4 Military Leave – The primary federal law that applies to employees who undertake military service is the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Act provides job and benefit protection rights for members of the uniformed services and generally allows employees to take up to five years of leave for military service. USERRA specifically prohibits denying initial employment, retention, reemployment, promotion or any employment benefit on the basis of military membership or obligation. To qualify for coverage under USERRA, an individual must be absent from work because of “service in the uniformed services.” This includes voluntary or involuntary duty in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, or an absence from work for an examination to determine an individual’s fitness to perform these duties. Uniformed services include the Army, Navy, Air Force, Marines, Coast Guard, Army National Guard, and Air National Guard—when engaged in active duty for training, inactive duty training, or full-time National Guard duty—the commissioned corps of the Public Health Service, and any other category of persons designated by the president of the United States in time of war or national emergency. Military Leave Notice Requirements: An employee is required to provide CSM with advance written or oral notice of service obligation to be entitled to USERRA’s reemployment rights and benefits except when military necessity precludes providing it or if giving the notice is impossible or unreasonable. Written notice typically consists of a copy of an employee’s military orders, training notices, or induction information. Compensation and Benefits during Military Leave: Pay - An employee on military leave will be allowed leave without pay, or, at the employee’s request, accrued annual leave and leave without pay. Military Leave - Health Plan Continuation: If the employee is in the CSM health plan, the member may elect to continue coverage for self and covered dependents for up to 18 months of eligible coverage. Eligible coverage is the period of time the employee is covered while on military leave and during the period applicable to reinstatement with the employer. Eligible coverage ends the day after the employee fails to apply for or return to employment. The employee may continue health coverage for the first six months by paying the monthly premiums that would have been deducted from his/her paycheck. After 6 months, the active duty employee must make the decision to drop coverage or to continue coverage under COBRA, which requires the employee to pay 102% of the cost of coverage. The 18-month continuation period under COBRA HR: 4100, p. 5 HRD: 1138, p. 5 (Consolidated Omnibus Reconciliation Act) runs concurrently with the 18-month continuation period required by USERRA. The CSM health plan will not cover injuries or illnesses that are the result of a Uniformed Service member’s military service. These injuries or illness are covered by the medical care provided by the Uniformed Service. When an employee’s medical coverage is terminated due to a military leave, any waiting periods or preexisting condition provisions that apply upon a return to active employment are waived when the member returns to work. Military Leave - Life Insurance: Basic life insurance is provided by CSM for full-time, permanent employees. Therefore, basic life insurance coverage will be discontinued when an employee is on military leave. This benefit and any additional coverage paid by the member prior to military leave will be reinstated at the same coverage level upon the member’s reinstatement to active employment and at the current premium rate for any optional coverage. Military Leave – Reemployment: Uniformed Service members who have missed less than five years of employment due to military service are generally entitled to reemployment with full benefits, provided they comply with certain notification obligations. Reemployed service members are entitled to the additional seniority rights and benefits they normally would have received if continuously employed during the time of their military service. CSM is not required to reemploy Uniformed Service members where reemployment would impose an undue hardship, the circumstances have so changed as to make reemployment impossible or unreasonable, or where the job was a temporary position. Employees returning from military leave must notify the Employee Benefits Specialist of their intent to return to work. Length of Military Leave Notice Requirements 181 days or more Employee must submit an application for reemployment within 90 days after active military service ceases. 31 – 180 days An application for reemployment must be made within 14 days after active military service ceases. less than 31 days No reemployment application is required. Generally, the employee need only report for work on the next regularly scheduled workday after a reasonable period for travel and rest. HR: 4100, p. 6 HRD: 1138, p. 6 Uniformed Service members who are unable to report to work because of injury or illness suffered during active duty have up to two years to apply for reemployment. If an employee’s military leave was less than 91 days, the employee is entitled to reinstatement in the position he or she would have had without he military leave interruption unless the member is not qualified to perform the duties of that position after reasonable efforts by CSM to qualify the employee for that position. If military leave was for more than 90 days, CSM may substitute a position of like seniority, status and pay. Members disabled during military service are also granted reemployment protection. Such members should be granted a position that is the nearest approximation to his or her former position in terms of seniority, status and pay, consistent with the person’s ability to perform the job duties with reasonable accommodation efforts by the employer. If the employee, after reasonable training and reasonable accommodation efforts by the employer, is still unable to perform the job duties, CSM will employ the member in any position that provides similar pay and status, with full seniority that is consistent with the person’s current circumstances. A reemployed Uniformed Service member cannot be discharged, except for cause, within one year of return to work if the employee’s period of service was more than 180 days before the military leave began. If the returning employee’s period of employment was more than 30 days but less than 180 days, the returning employee cannot be terminated, except for cause, within 180 days of his or her return to employment. Military Leave - Maryland State Retirement System (MSRS) Benefits: Retirement calculations for reemployed Uniformed Service members who are in the Maryland State Retirement System (MSRS) will not reflect a break in employment for military leave for purposes of calculating pension benefits or for vesting purposes. When activated for military duty, the employee (or Retirement Coordinator in the employee’s absence) must complete MSRS Form 46 Application to be Placed on a Qualifying Approved Leave of Absence. After returning from military duty, the member must submit Form 43 Claim of Retirement Credit for Active duty Military Service in order to receive service credit for the time spent in the military that interrupted the member’s service. CSM will contribute to the MSRS or Optional Retirement System as appropriate the amount needed to fund the returning Uniformed Service member’s benefit for the period of military leave. Military Leave - Compensation upon Reemployment: The member’s compensation upon reemployment is the amount he or she would have received if the employee had not been on military leave. If this is not determinable, then the average rate of compensation paid to the employee for the 12-month period immediately preceding military leave is used. HR: 4100, p. 7 HRD: 1138, p. 7 Annual leave – Length of service for determining the annual leave rate will reflect the period of military leave. Service Awards – Eligibility for determining length of service for employee service awards based on longevity will include the period of military leave. Leave Accrual Formula Key / Indicates “divided by” (in the formulas) PPH Pay period hours (Total hours worked per year divided by 26 pay periods) LF Leave factor Annual Leave/staff & 12 mo. faculty 0-3 years at CSM = 1.0 (10 days per year basis) 4-7 years at CSM = 1.5 (15 days per year basis) 7+ years at CSM = 2.0 (20 days per year basis) Anniversary date prior to 4/84 = 2.5 (25 days per year basis) LHY LHPP Sick Leave Sick leave/staff & 12 mo. faculty = 1.3 (13 days per year basis) Sick leave/10 mo. faculty = 1.0 (5 days per year basis) Leave hours earned per year (PPH x LF) Leave hours earned per pay period (LHY/26 pay periods) Formula for Leave Earned Per Pay Period PPH LF = LHY / 26 pay periods = LHPP Example: For full-time employee Jane Doe who has been a CSM employee for 8 years and works 35 hours per week (1,820 hours per year): 70 PPH 2.0 = 140 LHY / 26 = 5.38 LHPP HR: 4100, p. 8 HRD: 1138, p. 8 Formula for Maximum Annual Leave Accrual Annual LHY + (PPH 1.5) = MAX Each employee has a maximum annual leave accrual. When the maximum is reached, no more leave can be accrued until the balance has been reduced. Maximum annual leave accrual = annual leave earned per year + (pay period hours x 1.5)1. Example: For full-time employee Jane Doe who has been a CSM employee for 8 years and works 35 hours per week: 140 Annual LHY + (70 1.5) = 245 hours MAX Leave Usage Employees earn annual and sick leave based on length of service and scheduled hours per pay period. They are expected to plan and use accrued leave responsibly. Employees’ leave balances appear on their earnings statements. Totals do not reflect leave taken through the date on the paycheck; the totals reflect leave taken through the previous pay period, if submitted on time. Procedures: 1. Requesting Planned Leave - The employee must follow the department’s procedure for requesting planned annual or sick leave (e.g., form, email, memo, calendar). The supervisor must respond in e-mail or by signature so the employee has a record of approval. Planned sick leave requires the supervisor’s approval in advance. 2. Unplanned Sick Leave - Unplanned sick leave requires the employee to call in at the start of the shift. Each office may establish call-in procedures appropriate for the area. If an illness results in an absence of more than 3 consecutive days, the supervisor will generally require a doctor’s certificate for all time off due to illness prior to allowing the employee to return to work. The supervisor may use discretion and waive the doctor’s certificate. If an employee’s sick leave use appears excessive or abusive, the supervisor may require a doctor’s certificate for all time off due to illness. This requirement must be provided to the employee in writing and be 1 Equivalent of 3 weeks HR: 4100, p. 9 HRD: 1138, p. 9 coordinated with the Human Resources Executive Director. If the employee does not have accrued sick leave, accrued comp time and/or accrued annual leave must be used. 3. Reporting Leave Usage - Leave is used and reported in quarter hour increments. After leave is taken, it should be recorded according to employment category as follows: Non-Exempt Employees: Leave is recorded on the timesheet, signed by employee and supervisor, and sent to Payroll. Exempt Employees: Leave is recorded on the “Exempt Employee Leave Notification Form,” signed by employee and supervisor and sent to HRD. The employee should retain the yellow copy before submitting the original to HRD. Employees who are absent in an approved leave status when the college is closed due to weather and emergency closings are not charged leave for the time the college is closed. 4. Return to Duty After Illness or Injury – Employees returning to work after a hospitalization or incapacitating illness/injury are required to provide the supervisor with a medical release to return to work. The supervisor may use discretion and waive the doctor’s certificate in situations where warranted (i.e., returning to work after recovering from the flu). If an employee’s sick leave use appears excessive or abusive, the supervisor may require a doctor’s certificate for all time off due to illness. This requirement must be provided to the employee in writing and be coordinated with the Human Resources Executive Director. 5. Adjustment of Final Pay for Leave - Employees who have a positive annual leave balance are due a lump sum payment. Employees who have a negative annual or sick leave balance (leave used but not earned) will have their final pay reduced accordingly. Supervisors will ensure that employee leave is accurately reported to the employee benefits specialist prior to scheduling the employee for out-processing. 6. Unused Sick Leave – Employees enrolled in the Maryland State Retirement System (MSRS) who retire directly upon terminating employment will receive additional creditable service for accumulated unused sick leave. Creditable service determines the amount of the benefit. Therefore, unused sick leave can increase the size of the retirement allowance. However, it neither affects when an employee is eligible to retire or alters any early retirement reduction factor. The employee receives one HR: 4100, p.10f. HRD: 1138, p.10f. month of additional creditable service for each 22 days of unused sick leave reported. A maximum of 15 unused sick days for each year of membership may be applied to calculate additional service. Unused sick leave is not creditable for employees enrolled in the Optional Retirement Program. Reference: Board of Trustees Policy Manual For more information contact: Employee Benefits Specialist, 301-934-2251, ext. 7895 Rev. 07/95; 11/95; 03/00; 04/01; 12/01; 7/04; 5/05 HRD: 12/93