CHAPTER 6

PAY PRACTICES

6.0 Classified Positions. Senior Administrators.

6.1  All persons employed in classified positions will be compensated within the salary range of the pay grade to which their position is assigned unless the Director of Human Resources and the President of the University approve a rate higher than the maximum for the pay grade.

6.1.2  Beginning salaries cannot be below the minimum for the salary range and must be at or below the midpoint unless approved by the President of the University.

6.2 Unclassified Positions and Coaches. Executive Management, Senior Management, and Coaches.

6.2.1 Pay rates for these positions shall be established by referring to market levels for similarly situated positions (e.g., College and University Professional Association - Human Resources (CUPA-HR) salary survey conducted by the Human Resources Department, etc.) taking into consideration the relevant academic preparation and experience of the proposed employee as well as the availability of resources of the university to pay a particular rate.

6.2.2 Pay rates for unclassified positions shall be set as follows:

6.2.2.1 For President, by the Northern Michigan University Board of Trustees.

6.2.2.2 For Vice Presidents and Provost, by the President of the University.

6.2.2.3 For Senior Management, by the President and/or Vice Presidents of the University.

6.2.2.4 For intercollegiate athletic Coaches, by the Athletic Director, subject to the approval of the President of the University.

6.2.2.5 For United States Olympic Education Center Coaches, by the Director of USOEC, subject to the approval of the Vice President for Finance and Administration.

6.2.3 Promotional increases for employee's assigned to unclassified positions shall ordinarily not exceed ten percent (10%) of the employee's current salary unless specifically authorized by the Director of Human Resources and the President of the University.

6.3 Pay Schedules

6.3.1  NMU has a bi-weekly pay cycle with pay periods beginning on Sunday and ending on the following Saturday.  Paychecks are issued 12 days after the pay period ends on a Thursday.  New employees may have a three to four week delay depending on the week of the payroll cycle in which they begin employment.  Paychecks are now 100% electronic with two convenient options - direct deposit to your bank account or a Visa pay card.  Pay stubs, leave time balances, earnings history, deduction history, and other wage information can be viewed through MyNMU.

6.3.2 Employees on a continuing or year-to-year appointment who are employed less than twelve (12) months each year, may have their pay spread over the whole year providing they qualify for the alternative pay plan. Information may be obtained from the Human Resources Department.

6.4 Time Reporting

6.4.1 Time for employees is reported through an automated time recording system to record and submit hours on an exception basis (recording of hours other than those actually worked such as annual leave, holidays, sick leave, etc.), or of benefit time they use. Employees can access submission reports via Web for Employees on MyNMU.edu (Employee Services tab).

6.5 Overtime and Compensatory Time

6.5.1 Northern Michigan University is subject to the provisions of the federal Fair Labor Standards Act (FLSA). Determinations of which positions are eligible for overtime and compensatory time and which positions are exempt are made according to the statutory guidelines by the Human Resources Department.

6.5.2 All overtime and compensatory time must normally be approved in advance by the appropriate supervisor or payment will not be authorized. Both overtime and compensatory time are paid at time and one-half rates for employees in FLSA overtime eligible (non-exempt) positions.

6.5.3 Overtime will be paid along with the regular paycheck on the normal distribution date for the period in which the overtime was reported.

6.5.4 Compensatory time must normally be used within thirty (30) calendar days of the time it is earned.

6.5.5 Compensatory time may only be earned after an employee has worked for more than forty (40) hours in a given work week.

6.6 Compensation Adjustments

6.6.1 Ordinarily salary adjustments will be based on considerations such as performance of the employee, cost of living changes, equity considerations, and the resources available to the University. Salary adjustments may be either increases or decreases and are made in the University's sole judgment.

6.6.2 The University typically reviews its compensation levels and based upon such reviews, guidelines will be developed and, if applicable, adjustments implemented.

6.6.3 Any salary adjustments may be provided over the previous year's salary base for employees in the Executive Management, Senior Management, Senior Administrator and Coach employee classes. The amount of the adjustment is discretionary and is set by the appropriate Division Head subject to the approval of the President of the University. Guidelines for salary adjustments are recommended annually by the President's Council and approved by the President of the University.

6.6.4 Senior Administrator employees may receive the recommended increase if the increase will not place the employee above the maximum of the salary schedule. If the increase places an employee above the maximum, then the employee shall receive the portion of the increase which will bring the employee to the maximum and the remainder of the increase as a bonus (one-time payment). Employees at or above the maximum before any increase will receive the entire increase as a bonus (one-time payment).

6.6.5 "On roll" is defined as working, on paid sick leave, on paid personal leave or on annual leave (vacation).

6.7 Payments on Separation from Employment

6.7.1 On separation from employment from the University, the Human Resources Department will issue payment for all regular wages not later than the normal pay distribution date for the pay period in which the separation occurred.

6.7.2 Employees may not remain on annual leave after the effective date of their separation. Payment for eligible portions of unused annual leave as of the separation date will be paid in a lump sum and be included in the employee's final paycheck.

6.8 Payroll Deductions

6.8.1 All approved payroll deductions must be authorized by the employee before becoming effective.

6.8.2 Employees may make arrangements to have a deduction from their paycheck deposited with an approved financial institution (a list of approved institutions is available in the Human Resources Department).

6.8.3 Employees may make arrangement to have their entire paycheck directly deposited with any financial institution in the United States.

6.8.4 Employees may also enter into salary reduction agreements with qualified vendors and have the authorized amounts reduced by the Human Resources Department and submitted to the vendor (a list of vendors is available in the Human Resources Department).

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CHAPTER 7

LEAVES

7.0 Authorized Paid Absences

7.1 Funeral Leave Pay

7.1.1 If a death occurs among the members of an employee's immediate family, the employee will be excused from work to attend the funeral and make other necessary arrangements without loss of pay from the day of death until the day after the funeral, but not more than a total of three (3) days. In the case of an employee’s parent, spouse or designated individual, child, or stepchild, up to five (5) days will be permitted. Whenever a death occurs outside of the normal commuting distance, additional days as agreed by Management and the employee will be granted to an employee to be deducted from annual leave, or without pay at the option of the employee.

7.1.1.1 The immediate family shall be interpreted as including: spouse, designated individual, child, stepchild, father, mother, sister, brother, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandfather, grandmother, grandfather-in-law, grandmother-in-law, grandchild, stepfather, stepmother, half brother, half sister, ward, and dependent persons (foster children or relatives residing in the home).

The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.

7.1.1.2 One (1) day is allowed in the death of an uncle, aunt, nephew, or niece of the employee or employee's spouse. A maximum of three (3) days is permitted in all other cases. Because of extenuating circumstances,the Director of Human Resources, or his/her Designee, may grant the bereaved employee additional time without loss of pay.

7.1.2 A reasonable number of employees, as determined by the University, may attend the funeral of a fellow employee or former employee, without loss of pay, provided the employees return to work after the funeral. Exceptions may be granted due to extenuating circumstances. Employees who serve as pallbearers at a funeral of a fellow employee or former employee will be on authorized leave time during the time they must be away from the office.

7.1.3 Less than Full-time Appointments

7.1.3.1 Employees who work at least twenty (20) hours per week will receive funeral leave pay proportionate to the time scheduled to work.

7.2 Jury Duty Leave

7.2.1 In keeping with the belief that it is the responsibility of employees to fulfill their responsibilities as citizens, full-time employees shall be granted jury leave with pay for the period they are required to serve.

7.2.2 Such leave shall be reported to the supervisor and/or department head.

7.2.3 With the exception of reimbursable expenses, compensation received by the individual for time spent performing jury duty on working days shall be remitted to the University.

7.2.3.1 Checks for jury duty should be endorsed to Northern Michigan University and forwarded to Financial Services with a brief memorandum that includes the dates of the jury duty.

7.2.4 An employee is expected to report for to work when temporarily excused from attendance at court.

7.3 Expert Witness Leave

7.3.1 On occasion, individual employees are obligated to testify as court witnesses on subjects upon which they qualify as experts. However, employees should not seek such obligations and are permitted leave to serve only when subpoenaed to appear.

7.3.2 In testifying as an expert witness, the following rules must apply:

7.3.2.1 The employee necessarily must make preparation for the case upon the employee's own time unless specifically authorized to make such preparations on University time by the Director of Human Resources.

7.3.2.2 The employee is permitted to retain personally all fees received, whether paid by the court or by the person, firm, or organization as whose witness the employee is subpoenaed.

7.3.2.3 In the case of prolonged absence from duty, as in the case of one rendering consultant services, the employee will be placed on a leave of absence without pay for the duration of the absence.

7.3.2.4 The technical knowledge of any employee who may testify as an expert witness should be made available equally to both sides of any court case.

7.4 Professional Development Leave

7.4.1 Upon the recommendation of the Division Head and Director of Human Resources, the President may grant a professional development leave to full-time employees. All professional development leaves will be granted only in accordance with the following specific provisions:

7.4.1.1 Employees who have served the University for seven (7) consecutive years of full-time employment are eligible to apply for professional development leave. Time taken for other types of leaves of absence, except sick and annual leave, will be deducted in determining years of service counting toward eligibility for professional development leave.

7.4.1.2 Professional development leaves may be granted to employees for the purpose of professional development related to their position at the University and shall be limited to purposes that clearly promise reciprocal advantage to the University through the enhancement of personal competence.

7.4.1.3 All such leaves will be conditioned by departmental/office arrangements which will preclude loss of efficiency in the department/office or substantial deviation from the program of the University.

7.4.1.4 The applicant must return to Northern Michigan University for a period of two (2) years immediately following the professional development leave or pay in full all compensation paid by Northern Michigan University during the period of the leave. The applicant must provide the applicant's immediate supervisor at least sixty (60) days prior to the end of the leave with a written confirmation of the applicant's return date to the University. Failure to provide such notification shall be deemed a resignation.

7.4.1.5 The leave shall be for an agreed period of time but may not exceed twelve (12) months.

7.4.1.6 Application for a professional development leave must be submitted to the applicant's immediate supervisor and then the Director of Human Resources at least six (6) months before the leave is proposed to begin. Notice of the professional development leave approval or disapproval will ordinarily be given at least three (3) months prior to the leave.

7.4.1.6.1 In making application, the applicant shall present a plan for the use of the professional development leave which shall include the following:

7.4.1.6.1.1 The length of leave requested.

7.4.1.6.1.2 A statement of how the proposed activity will satisfy the criteria in Section 7.4.1.2.

7.4.1.6.1.3 A description of the applicant's professional qualifications to undertake the activity.

7.4.1.6.1.4 Detailed information concerning the resources or facilities needed to complete the proposed activity.

7.4.1.6.1.5 A projected timetable for the work to be completed.

7.4.1.7 An extension of a professional development leave will not be approved.

7.4.1.8 The applicant must provide the Director of Human Resources and the appropriate Division Head a complete report (in writing) on the status of the applicant's accomplishments during the leave, with copies to the appropriate immediate supervisor within six (6) weeks after returning to active status.

7.4.1.9 Applications for professional development leave will be approved only if the University chooses to financially support it.

7.4.1.10 When the salary is to be included, the salary for the professional development leave will normally be one-half (1/2) the base annual salary which the applicant would otherwise have earned during the leave period. Other salary arrangements, including no reduction in pay, may be recommended by the appropriate Division Head.

7.4.1.10.1 During such leave, the applicant's salary shall be adjusted to reflect any increases that would have been earned had the leave not occurred.

7.4.1.11 The following fringe benefits provided to the applicant by the University shall be maintained for the applicant for the duration of the professional development leave:

7.4.1.11.1 Medical and hospitalization.

7.4.1.11.2 Annual leave and sick leave accruals, when applicable.

7.4.1.11.3 Life insurance at one (1) times base salary.

7.4.1.11.4 Family Dental Insurance, if applicable.

7.4.1.11.5 Family Optical insurance, if applicable.

7.4.1.11.6 Disability benefits and insurance.

7.4.1.11.7 Pension benefits as permitted by the pension program, provided the employee returns and works for the University for at least twenty-four (24) calendar months after the end of the leave.

7.4.1.11.8 Tuition scholarships (employee, spouse, and dependent).

7.4.1.11.9 Bookstore discounts.

7.4.1.11.10 PEIF membership, at the employee's option.

7.5 Military Leave, Military Reserve and National Guard Duty

7.5.1  Employees who are inducted into the U.S. Armed Forces or who are reserve members of the U.S. Armed Forces or National Guard will be granted leaves of absence for military service, training or other obligations in compliance with state and federal laws. These employees may use accrued vacation leave but are not required to do so.

7.5.1.1 Unless military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide Human Resources with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred.

7.5.1.2  To participate in required weekly drills, weekend drills, or summer training, prior to leaving their assignment, employees must notify their immediate supervisor of the dates of their military duty and submit a request to be absent from employment for that period.  If the period of absence does not exceed accumulated annual leave, employees may charge such absence to annual leave.  For the first fifteen (15) days of absence for annual military training (summer camp) or for service required as a result of a civil disorder or other temporary emergency during any calendar year, employees shall have the option (in lieu of charging the time against annual leave) of being reimbursed by the employer for the difference between their military pay and regular pay, exclusive of travel pay.  At the time of their return, employees must provide military orders regarding the duty and, if they are requesting reimbursement, military pay vouchers. 

An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment according to the following schedule: 

 1.    If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) - the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee's residence. 

2.    If service is for 31 days or more but less than 181 days - the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service.  

3.    If service is over 180 days - the employee must submit an application for reemployment with Human Resources no later than 90 days following the completion of service.  

4.    If the employee is hospitalized or convalescing from a service-connected injury - the employee must submit an application for reemployment with Human Resources no later than two years following completion of service.

7.5.1.3   Exceptions to Reemployment  

In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist:  

1.    The University’s circumstances have so changed as to make reemployment impossible or unreasonable

2.    Reemployment would pose an undue hardship upon the University.

3.    The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. 

4.    The employee did not receive an honorable discharge from military service. 

 7.5.1.4  Employees reemployed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed. An employee’s time spent on active military duty will be counted toward their eligibility for FMLA leave once they return to their job at Northern Michigan University. 

7.6 Mandatory Sick Leave

7.6.1 If the fitness of an employee to continue in his/her responsibilities becomes questionable for reasons of physical or mental health, the employee's supervisor shall discuss the matter with the Human Resource Director, or designee.  The Human Resource Director will then talk with the employee in a personal conference. If the problem cannot be resolved in such a conference, the employer may require the employee to submit to a physical or psychiatric evaluation. The employer may designate an examiner who must be a licensed physician or psychiatrist and the employer will assume the cost of the examination. In the event the medical examination results in a finding that the employee is unable to discharge his/her duties in a competent manner, the employer may have to place the employee on mandatory sick leave, with entitlement to any applicable sick leave, short-term disability, or long-term disability payments.

7.7 Leaves Without Pay

7.7.1 General Conditions

7.7.1.1 Except as otherwise specified in a particular leave of absence provision, the following general conditions shall apply to all leaves of absence without pay:

7.7.1.2 Leaves of absence shall be without pay.

7.7.1.3 Fringe benefits ordinarily provided to the employee shall not be provided during the period of the leave; provided, however, that the employee may contact the Human Resources Department to make arrangements for the continuation of group life insurance, group health insurance, dental insurance, if applicable, and optical insurance, if applicable, at the employee's own expense and to the extent permitted by the applicable Plan or carrier.

7.7.1.4 When an employee is applying for or returning from a disability or medical leave, the employee must submit a statement of medical condition from a licensed physician. The University, at its option and without cost to the employee, may require the employee to submit to an examination by a physician(s) of its choosing to verify disability or before returning to work to verify ability to return to active employment. In the event the employee challenges the results of the physician(s) chosen by the University, the employee and the University will agree to employ a third physician to examine the employee. The diagnosis of the third physician shall be binding on all parties and the costs of such services shall be shared equally by the employee and the University.

7.7.1.5 All leaves of absence must be approved by the Human Resources Department and Division Head.

7.7.1.6 Application for extension of leaves of absence must be made to the Division Head and cleared through the Human Resources Department prior to the expiration of the leave subject to availability.

7.7.1.7 The employee will not receive pay for the holidays falling within the leave of absence.

7.7.1.8 The employee will not accrue annual leave or sick leave while on a leave of absence.

7.7.1.9 An employee who does not return from a leave of absence upon the expiration of the leave and has not submitted updated medical information to the Human Resource Department indicating that the employee is not able to return, may be subject to termination.  

7.7.1.10 For leaves longer than thirty (30) days, if an employee fails to notify the Director of Human Resources in writing at least thirty (30) calendar days prior to the expiration of the leave of absence of the employee's intent to return to work, then the employee shall be deemed to have voluntarily resigned, and the employee's employment will thereby be terminated; provided, however, the Director of Human Resources may consider extenuating circumstances beyond the employee's control in considering the employee's termination due to timeliness of the notice.

7.7.1.11 An employee on a leave of absence without pay may not engage in other employment while on leave unless there is mutual written agreement between the employee and Northern Michigan University. If the employee works elsewhere while on leave, such action will be considered as a resignation of the employee's position at Northern Michigan University.

7.7.1.12 During the time an employee is on a leave of absence, the employee's position may be filled through temporary employment. At the time the employee on the leave of absence returns and is covered under the Family Medical Leave Act (per Article 7.7.2.6), the employee may return to his/her former position if it is still funded.

7.7.2 Types of Leaves

7.7.2.1.  Please refer to Section 7.7.1, General Conditions, regarding leaves of absence without pay.

7.7.2.1.2 Personal Leave

Leaves of absence up to three (3) months without pay may, at the discretion of the Employer, be granted in cases of exceptional need.

7.7.2.2.2  Leaves may be granted for such reasons as the following:

7.7.2.2.2.1 Settlement of an estate.

7.7.2.2.2.2 Serious illness of members of the employee's immediate family (as previously defined in Section 7.1.1.1).

7.7.2.2.2.3 Child care for a newborn infant (including adopted infants).

7.7.2.2.2.4 Approved travel.

7.7.2.2.2.5 Advanced study or research.

7.7.2.2.2.6 Special service to a public agency, business, or industrial concern.

7.7.2.2.3 Leaves of absence are not granted for the purpose of obtaining employment elsewhere.

7.7.2.2.4 Leaves of absence for like causes may be extended for successive three- (3) month periods, but the total leave time shall not exceed twelve (12) months.

7.7.2.2.5 The assignment upon return from a personal leave will be dependent upon the jobs available within the same classification.

7.7.2.3 Political Activity Leave

7.7.2.3.1 Employees are expected to observe the following guidelines in connection with political candidacy or appointment to public office:

7.7.2.3.1.1 Staff members are expected to discuss such candidacy or appointment with their division or department head prior to public announcement.

7.7.2.3.1.2 Staff members undertaking political candidacy will be expected to meet all of their University obligations unless a leave of absence without pay is taken for the time involved.

7.7.2.3.1.3 In case of candidacy for local or county office, or in a primary contest, taking a leave of absence without pay shall not normally be required except if the primary campaign might interfere with the employee's normal duties.

7.7.2.3.1.4 In the case of candidacy for state or national office, a leave of absence without pay shall normally be required after the primary election.

7.7.2.3.1.5 If the employee receives party nomination to state or national office, the employee shall request a leave of absence without pay.

7.7.2.3.1.6  University facilities and services are not to be used by employees running for office or in campaigning for specific candidates; provided, however, that employees (in their capacity as citizens and not in their capacity as employees) shall have the same access to university facilities and services as any other citizen may have.

7.7.2.3.1.7 The duration of the leave will be for the first term of office to which the employee was elected to or the first term of the appointment.

7.7.2.3.1.8 An extension of such a leave of absence will be considered upon receipt of a written request by the employee to the appropriate Division Head and the Director of Human Resources at least thirty (30) days prior to the leave termination date. The extension shall be subject to the same provisions governing the original leave of absence.

7.7.2.3.2 Please refer to Section 7.7.1, General Conditions, regarding leaves of absence without pay.

7.7.2.4 Seasonal Leave

7.7.2.4.1 Leaves of absence for up to four (4) months without pay may be granted to employees with one (1) or more years of service.

7.7.2.4.2 Seasonal leaves are usually granted to those employees who have a number of years of service and do not choose to be employed during periods such as breaks, in the academic calendar or summer semester.

7.7.2.4.3 The granting of seasonal leaves will depend upon the number requested and the requirements of the University.

7.7.2.4.4 The University will provide the regular premium contributions for hospitalization, family dental insurance, if applicable, family optical insurance, if applicable, and life insurance coverage while an employee is on a seasonal leave.

7.7.2.4.5 An employee on a seasonal leave who carries supplemental life insurance must contact the Human Resources Department regarding maintaining payments.

7.7.2.4.6 The employee will be returned to the employee's original position upon the expiration of the leave subject to availability.

7.7.2.5 Illness or Disability Leave

7.7.2.5.1 Leaves for illness or disability for employees who are not covered by short- or long-term disability shall be provided as follows:

7.7.2.5.1.1 An employee who (1) is unable to work because of personal sickness or injury including pregnancy and pregnancy-related disability and (2) has exhausted sick leave and annual leave payments shall be granted a leave of absence without pay upon request in writing and upon the Human Resources Department receiving satisfactory written evidence of disability.

7.7.2.5.1.2 The leave of absence shall be for the period of continuing disability, but not to exceed three (3) months.

7.7.2.5.1.3 The University will provide appropriate hospitalization insurance, family dental insurance, if applicable, family optical insurance, if applicable, and group life insurance equal to one (1) times the regular annual salary for eligible employees on an approved leave of absence due to sickness or disability (including those receiving Workers' Compensation benefits).

7.7.2.5.1.4 Employees who have supplemental life insurance are responsible for contacting the Human Resources Department regarding maintaining payments at the employees' expense.

7.7.2.5.2 Employees who have been employed full-time on a continuous basis for one (1) year or longer will apply for benefits under the Short-Term Disability Program or the Long-Term Disability Program as specified in Chapter 9, Sections 9.16 and 9.17.

7.7.2.5.2.1 Employees who receive benefits under the Long-Term Disability Program will be considered to be on an illness or disability leave for a maximum of two (2) years and are subject to the conditions of Chapter 13, Section 13.5.

7.7.2.5.2.2 The University will provide appropriate hospitalization insurance, and group life insurance equal to one (1) times the regular annual salary for employees on illness or disability leave for a period not to exceed two (2) years after which time all benefits provided by the University will terminate.

7.7.2.5.3 In order to be eligible to return to active employment, an employee returning from an illness or disability leave of absence must provide a statement from the employee's physician releasing the employee to return to work.

7.7.2.5.4 Please refer to Section 7.7.1 'General Conditions' regarding leaves of absence without pay.

7.7.2.6 Family and Medical Leave Act (FMLA) Leave

7.7.2.6.1 An employee is eligible for a 12-week FMLA leave if he/she has been an employee for at least twelve (12) months and has been employed as an employee at least one thousand two hundred and fifty (1,250) hours during the twelve (12) month period immediately preceding the leave effective date at a worksite where the Employer employs at least fifty (50) employees within a seventy-five (75) mile radius.

7.7.2.6.2 Subject to the notice and certification requirements described below, an eligible employee may request and will be granted up to twelve (12) work weeks of unpaid FMLA leave during any twelve (12) month period for one or more of the following events:

7.7.2.6.2.1 for the birth of a child of the employee and to care for such child;

7.7.2.6.2.2 for the placement of a child with the employee for adoption or foster care;

7.7.2.6.2.3 to care for a spouse, designated individual, child, or parent of the employee if the former has a serious health condition; or

7.7.2.6.2.4 because of a serious health condition of the employee, which renders him/her unable to perform the functions of the employee's position.

7.7.2.6.3 The taking of a FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; provided, however, that nothing in this sentence shall be construed to entitle any employee who returns from leave to the accrual of any seniority or employment benefits during the period of the leave or to any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

7.7.2.6.4 Employees who take a FMLA leave for the intended purpose of the leave shall be entitled, on return from the leave, to be restored by the employer to the position of employment held by the employee when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

7.7.2.6.5 During the period of a FMLA leave, the employer shall maintain coverage under any group health plan as defined by the FMLA for the duration of such leave and at the level and under the conditions coverage would have been provided if the employee had continued in employment for the duration of the leave; provided, however, that the employer may recover the premiums paid for maintaining coverage for the employee under such group health plan during the period of a FMLA leave if the employee fails to return to work for reasons other than the continuation, recovering, or onset of a serious health condition entitling the employee to leave under sections 7.7.2.6.2.3 or 7.7.2.6.2.4 above, or other circumstances beyond the employee's control. The employer may require certification of inability to return to work as specified and allowed by the FMLA.

7.7.2.6.6 If the requested leave is for the birth/care of a child, the placement of a child for adoption or foster care, or to care for a spouse, designated individual, child, or parent who has a serious health condition, the employee is first required to exhaust any available paid vacation leave and necessity leave (e.g., sick leave, personal leave days, short-term disability). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

The name of a designated individual must be on file with the Human Resource Department at least six (6) months prior to utilization of such leave.

7.7.2.6.7 If the requested leave is due to the employee's serious health condition, the employee is first required to exhaust any available paid sick leave. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

7.7.2.6.8 An unpaid family leave of up to twelve (12) workweeks for the birth/care of a child or for the placement of a child for adoption or foster care may be taken at any time within the twelve (12) month period which starts on the date of such birth or placement of adoption or foster care. However, regardless of when the leave becomes effective, it will expire not later than the end of the twelve (12) month period. For example, an employee who requests a leave at the start of the twelfth month (of the twelve {12} month period from the date of birth or placement) is entitled to only four (4) workweeks of unpaid leave.

7.7.2.6.9 Spouses, both of whom are employed by the employer are limited to a combined total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for the birth/care of their child, placement of their child for adoption or foster care, or for the care of a parent with a serious health condition. However, each employee may use up to twelve (12) workweeks of unpaid leave during any twelve (12) month period to care for her/his child or spouse or designated individual who is suffering from a serious health condition, or if the leave is necessitated by the employee's own serious health condition.

7.7.2.6.10 An eligible employee who foresees that he/she will require a leave for the birth/care of a child or for the placement of a child for adoption or foster care, must notify, in writing, the Director of Human Resources or his/her designee, not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the employee must provide as much written notice as is practicable under the circumstances.

7.7.2.6.11 An eligible employee who foresees the need for a leave of absence due to planned medical treatment for herself/himself, her/his spouse, designated individual, child or parent, should notify, in writing, the Director of Human Resources or his/her designee, as early as possible so that the absence can be scheduled at a time least disruptive to the employer's operations. Such an employee must also give at least thirty (30) calendar days' written notice, unless impractical in which case the employee must provide as much written notice as circumstances permit.

7.7.2.6.12 If the requested leave is to care for a spouse, designated individual, child, or parent who has a serious health condition, the employee may be required to file with the employer in a timely manner a health care provider's statement that the employee is needed to care for the child, spouse, designated individual or parent and an estimate of the amount of time that the employee is needed for such care.

7.7.2.6.13 If the requested leave is because of a serious health condition of the employee which renders her/him unable to perform the functions of the employee's position, the employee may be required to file with the employer the physician's or health care provider's statement as allowed by the FMLA.

7.7.2.6.14 Leaves taken under section 7.7.2.6.2.1 or 7.7.2.6.2.2 above shall not be taken intermittently unless the employer and the employee agree otherwise. Subject to the limitations and certifications allowed by the FMLA leaves taken under sections 7.7.2.6.2.3 or 7.7.2.6.2.4 above may not be taken intermittently or on a reduced leave schedule when medically necessary; provided, however, that where such leave is foreseeable based upon planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position.

7.7.2.6.15 An employee on an approved leave under this article must report to the Director of Human Resources, or his/her designee, every four (4) workweeks regarding her/his status and intent to return to work upon conclusion of the leave.

7.7.2.6.16 In any case in which the employer has reason to doubt the validity of the health care provider's statement or certification for leaves taken under sections 7.7.2.6.2.3 or 7.7.2.6.2.4 above, the employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.

7.7.2.6.17 The provisions of this article are intended to comply with the Family and Medical Leave Act of 1993 and any terms used from the FMLA will be as defined in the Act. To the extent that this article is ambiguous or contradicts the Act, the language of the act will prevail. Except as expressly provided in this article, these FMLA provisions do not impair any rights granted under other provisions of this agreement.

Additional information regarding the updates to the law and guidance to employees and employers can be accessed at:  http://www.dol.gov/whd/fmla/

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CHAPTER 8

HOLIDAYS AND SEASONAL BONUS DAYS

8.0 Holidays

8.1 The following holidays are currently observed on the calendar day on which each falls, except that a holiday that falls on a Sunday will normally be observed on the following Monday and a holiday that falls on a Saturday will normally be observed on the preceding Friday:

(A) New Year's Day

(B) Memorial Day

(C) Independence Day

(D) Labor Day

(E) Thanksgiving Day

(F) December 25

8.1.1 In addition to the holidays cited above, each fiscal year, the employer currently schedules six (6) seasonal bonus days. One seasonal bonus day will be the day after Thanksgiving, one will be the day before or after December 25, and one will be the day before or after New Year's Day. It is the employer's intention to designate the days between December 25 and New Year's Day a "holiday week." Any additional days may be designated by the employer on another date or left as "floating" seasonal bonus days for the employee to schedule with the supervisor.

8.1.2 If a non-exempt employee is scheduled to work on a designated holiday, the employee will be paid at the straight time rate and will be granted two (2) hours of time off for each hour worked. Such time off will be arranged with the supervisor and must be used by the end of the current fiscal year.

8.1.3 If a non-exempt employee is scheduled to work on a designated seasonal bonus day, the employee will be paid at the straight time rate and will be granted equivalent time off. Such time off must be used prior to the end of the current fiscal year.

8.1.4 No holidays or seasonal bonus days will be "cashed out."

8.1.5 When the designated holiday occurs on a scheduled day off in a full-time employee's workweek, the employee will receive an additional day off with pay to be arranged with the supervisor who will make an effort to grant the additional day off as near as practical to the designated holiday.

8.1.6 A holiday or seasonal bonus day falling during a scheduled period of annual leave or sick leave will not be charged against annual leave or sick leave. 

8.1.7 Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to holiday pay proportionate to the time actually worked.

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