Annual leave may be taken by an employee after the completion of six (6) months of employment. To determine the annual leave accumulation, the number of months worked are multiplied by the monthly annual leave allowance. It is possible to postpone annual leave from one year to another; however, the maximum accumulation per employee is as specified in Section A.
An employee will receive pay in lieu of paid annual leave time (i.e. without taking actual time off from work) only after completion of the first six (6) months of employment and then only under the following circumstances:
4. Will be at the request of the employee and only if it benefits the University and must be approved by the supervisor and Director of Human Resources. All requests must be for a minimum of ten (10) days or eighty (80) hours and an employee must have a minimum of ten (10) days or eighty (80) hours of accrued annual leave.
Annual leave will be taken at the convenience of the University, conforming with the requirements of the individual departments. An employee should consult with the employee’s supervisor at an appropriate time each year concerning the employee’s annual leave allowance and the time the employee wishes to be scheduled.
An employee who is on annual leave shall be paid time and one-half of the regular straight time rate when reporting for duty at the Employer’s request and will be given equal time off with pay at a later date, the time to be arranged with the employee’s supervisor.
For the purpose of attending to, or caring for personal matters during the course of the fiscal year (July 1 to June 30), full-time employees after serving six (6) months or more of continuous service shall be granted three (3) personal leave days to be used during the fiscal year, at such time as the employee arranges with the employee's supervisor's permission, as described below.
Personal leave days do not accrue from one fiscal year to another, nor is pay received in lieu of personal leave days, nor may personal leave days be used immediately preceding or following annual leave. In proper cases, exceptions to this policy will be made provided that the reason for the request is given to the supervisor.
Refer to Appendix C, 3 for converting sick days.
If a death occurs among 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, or child, 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.
The immediate family shall be interpreted as including: spouse or 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, and dependent persons (foster children or relatives residing in the home).
Permission will be granted to a reasonable number of employees in the unit who wish to attend the funeral of a fellow employee or former employee, provided they return to work after the funeral. Employees who serve as pallbearers at a funeral of a fellow employee or former employee will be paid during the time they must be off the job.
An employee with seniority who serves or is called and reports for jury duty will be paid the difference between his pay for jury duty and his regular pay. An employee shall report for regular University duty when temporarily excused from attendance at court. Persons assigned and working the second or third shifts will receive time off work equal to the time spent on jury duty. Checks for jury duty should be endorsed to Northern Michigan University and forwarded to the Financial Services Office with a memorandum that includes the dates of the jury duty.
a. An employee with seniority who (1) is unable to work because of personal sickness or injury and (2) has exhausted sick pay under Article 15 and annual leave payments under Section A shall be granted a leave of absence without pay upon request in writing and furnishing evidence of disability satisfactory to the University.
b. The leave of absence shall be for the period of continuing disability, but not to exceed three (3) months, unless extended, at the sole discretion of the Employer, for a period up to the length of seniority or two (2) years whichever is shorter at which time the employee will lose seniority in accordance with Article 14, Section D, Item 5.
c. Seniority of employees shall not continue during leaves of this provision, except as specified under Article 19, Section F. The Employer will provide hospitalization, dental, and optical insurance, if applicable, and one (1) times regular annual salary as group life insurance as provided by our carriers for those employees who are on an approved leave of absence due to sickness or disability including those receiving Workers' Compensation benefits. However, those employees who have family dental insurance and/or supplemental life insurance are responsible for contacting the Human Resources Department regarding maintaining payments at the employee's expense.
Employees who have been employed full-time on a continuous basis for one (1) year or longer will apply for benefits under the Long-Term Disability Program as specified under Article 28. Employees who receive benefits under the Long-Term Disability Program will be considered to be on a disability leave and are subject to the conditions of Article 28.
Leaves of absence up to three (3) months without pay may be granted in cases of exceptional need for those employees who have acquired seniority under this Agreement. Leaves may be granted for such reasons as settlement of an estate, serious illness of a member of the employee's family, temporary termination of the employee's work, child care for a new born infant (including adopted infants), or an extended trip, but not for the purpose of obtaining employment elsewhere. Leaves of absence for like causes may be extended for an additional three (3) month period, but the total leave time shall not exceed one (1) year.
The provisions of this Article are intended to comply with the Family and Medical Leave Act of 1993, and as amended, 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. The link to the department of labor website and FMLA detail can be found at the following link: http://www.dol.gov/whd/fmla/index.htm
An employee is eligible for a FMLA leave if he/she has been an employee for at least twelve (12) months and has worked 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.
Subject to the notice and certification requirements described below, an eligible employee may request and will be granted up to twelve (12) workweeks of unpaid FMLA leave during any twelve- (12) month period for one or more of the following events:
a. For the birth of a son or daughter of the employee and to care for such child.
b. For the placement of a child with the employee for adoption or foster care.
c. To care for a spouse or designated individual (such individual must be on file with human resources at least six (6) months prior to utilization of such leave) , child, or parent of the employee if they have a serious health condition, or
d. Because of a serious health condition of the employee, which renders the employee unable to perform the functions of the employee's position.
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 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.
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.
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 member to leave under Sections (c) or (d) 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.
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 or 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., Family Care Leave, personal leave days). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.
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 and short-term disability. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.
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 no 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  month period from the date of birth or placement) is entitled to only four (4) workweeks of unpaid leave.
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 the employee's 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.
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, 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.
An eligible employee who foresees the need for a leave of absence due to planned medical treatment for himself/herself, the employee's spouse or designated individual, child or parent, should notify, in writing, the Director of Human Resources 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.
If the requested leave is to care for a spouse or 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 son, daughter, spouse or designated individual, or parent and an estimate of the amount of time that the employee is needed for such care.
If the requested leave is because of a serious health condition of the employee which renders the employee 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.
Leaves taken under Sections (a) or (b) 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 (c) or (d) above may 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.
An employee on an approved leave under this policy must report to the Director of Human Resources, or a designate, every four (4) workweeks regarding his status and intent to return to work upon conclusion of the leave.
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 (c) or (d) above, the Employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.
E4: Military Leave
The Employer will abide by federal and state laws regarding eligible employees who serve in uniformed services and take leaves of absence for such service.
The Employer will pay the difference between the employee's military pay and regular pay, if the employee's military pay is less, for a period not to exceed fifteen (15) work days in any one calendar year. In order to receive this difference, the employee shall furnish the Employer with written evidence of the amount of base service pay the employee was eligible to receive.
Although an employee cannot be required to use annual leave to complete a period of training or service, an employee may, at his or her sole option, choose to use accrued annual leave during a period of training or service.
E5: Leave for Union Business
Members of the Union elected to Local Union offices or elected or selected to positions within the Council which takes them from their employment with the Employer shall at the written request of the Union receive temporary leaves of absence without pay for periods not to exceed two (2) years or the term of office, whichever may be shorter. The employee agrees to provide the University with a minimum of fourteen (14) calendar days' notice of their intent to return to the University if returning prior to the expiration of the leave. A leave for Union Business is limited to a maximum of two (2) years for each employee during their tenure at the University.
Upon their return, they shall be reemployed in their former job with accumulated seniority. If the leave of absence exceeds one (1) year, the University may require an employee to undergo and successfully pass a physical examination before returning to work at the expense of the University.
E6: Union Educational Leave
Leaves of absence with pay will be granted to those employees who are elected or selected by the Union to attend educational classes conducted by the Union. The number will not exceed four (4) employees at any one time for a combined total of twenty-two (22) working days per contract year during the term of this contract. Such absences under this Section shall be approved if not less than five (5) working days' notice is given to the employee's supervisor and provided that the employee's absence will not unreasonably interfere with the University's operation. An immediate conference shall be held between the Union and Management if in the Union's opinion such leave has been unreasonably withheld.
E7: Educational Leave for Veterans
Employees who are reinstated in accordance with the Universal Military Training Act, as amended, and other applicable laws and regulations, will be granted leaves of absence for a period equal to their seniority but not to exceed two (2) years (without pay) in order to attend school full time under applicable federal laws in effect on the date of this Agreement.
Section F: Return to Active Employment
The University, at its option and without cost to the employee, may require that a physician or physicians of its choosing examine the employee before returning him to active employment.
In addition, and 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. The assignment upon return from a personal leave will be dependent upon the vacancies available within the same classification.
If a vacancy within the same classification and pay grade does not exist, the employee will have the right to displace the least senior employee in the same classification.
If the employee does not return to the University when a vacancy exists, or does not exercise his/her seniority, the employee's employment shall be terminated.
In addition, and in order to be eligible to return to active employment, an employee returning from a military leave of absence must have a certificate of satisfactory completion of service and apply for reinstatement within time limits specified by federal law.
Section G General Conditions
All leaves of absences must be approved by the administrative head and cleared through the Human Resources Department.
Application for extension of leaves of absence must be made prior to expiration of leave.
Except as provided under Section A, Illness or Disability Leave, the employee must contact the Human Resources Department regarding maintaining payments for hospitalization, life insurance, dental, and optical insurance, if applicable, during the leave period.
The employee will not receive pay for the holidays falling within the leave of absence.
The employee will not accrue annual leave or seniority while on an unpaid leave of absence.
The Employer will, during the life of the Agreement, maintain and contribute to the cost for the current hospitalization and medical program for employees regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year). Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the hospitalization and medical program by paying the University the difference between the University's full contribution and the full-time equivalent cost (e.g. for an employee scheduled to work twenty (20) hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit. Employees must complete and file an application in accordance with the Employer's and the Administrators' regulations.
The Employer's estimated contribution to the health program for each participating bargaining unit member will be approximately 80% of average costs, beginning in 2011-2012. The estimated contributions are as follows:
In order to help mitigate the cost increases associated with the 80/20 contribution targets, the University agrees to create a Health Reimbursement Account for each participating employee. For the 2011-2012 plan year, seven hundred fifty dollars ($750) will be deposited in each account. For the 2012-2013 plan year, three hundred fifty dollars ($350) will be deposited in each account. In subsequent years, additional deposits may be made, depending on how actual costs compare to the estimates noted above, as determined by the employer. Refer to Appendix C, 2.
Deductions for co-share amounts of the estimated average employee cost for participating employees will be payroll deducted on a pay-as-you-go bi-weekly schedule through the NMU Premium Conversion Plan, which means that contributions will be withheld in such a way that they are not subject to state, federal, Social Security, or Medicare withholding. The dollar amounts of withholding may be increased or decreased annually without further specific authorization, corresponding to the estimated average employee cost noted above, provided that employees receive 30 days’ advance notice of the amount of any increase in withholding. A consideration of five hundred dollars ($500), payable in a one-time lump-sum amount, will be provided by the University to assist with the conversion from a “pay-back” plan to a “pay-as-you-go” plan. In addition, an extended payback schedule for the 2010-2011 health plan employee contribution will be offered to each participating employee for up to three years. If employment is terminated prior to payment of the amount owed, the balance due will be deducted from the final paycheck.
When calculating the average cost per year for the hospitalization and medical program, the Union agrees to include $2.50 per covered employee per year to help fund wellness activities of the Health Care/Wellness Committee. Northern Michigan University also agrees to contribute $2.50 per covered employee per year for this purpose.
Average cost is defined as the total of claims or premiums, administrative fees, reinsurance, Employer’s share of FICA, and stop loss premiums divided by the average number of University employees covered during the health plan year.
Refer to Appendix C, 5.
The Employer will contribute the full cost per bargaining unit member of a two person plan illustrative premium for bargaining unit members regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year) for a defined dental plan for all participating bargaining unit members. Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the dental program by paying the University the difference between the University's full contribution and the full-time equivalent cost (e.g. for an employee scheduled to work twenty (20) hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit.
Participation in the plan is optional for all eligible bargaining unit members. Participation in the plan will become mandatory when the dental plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another dental plan and provides proof of such coverage to the Employer and/or insurance carrier. Payroll deductions will be deducted in advance for coverage for the following month.
The Employer will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.
The Employer will contribute the full cost per bargaining unit member of a family plan illustrative premium for eligible bargaining unit members for a defined optical plan for all participating bargaining unit members. Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the optical program by paying the University the difference between the University's full contribution and the full-time equivalent cost (e.g. for an employee scheduled to work twenty (20) hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit.
Participation in the plan is optional for all eligible bargaining unit members. Participation in the plan will become mandatory when the optical plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another optical plan and provides proof of such coverage to the Employer and/or insurance carrier.
The Employer will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.
The Employer shall provide a term life insurance policy equal to one (1) times annual rate (hourly rate times 2,080 hours or its equivalent) to the next thousand dollar increment with a minimum of $5,000 with an Accidental Death and Dismemberment rider for an equal amount for all employees who are regularly scheduled to work at least twenty (20) hours per week on a continuous basis. Employees must complete and file an application in accordance with the carrier's regulations.
Employees may, at their expense, apply for additional coverage up to three (3) times their annual base salary rate. Additional optional insurance may be obtained at the employee's expense for the employee's spouse and/or dependent children. The amount for the spouse may be up to $15,000 and for dependent children up to $10,000. Refer to Appendix C, 4 for the option of increase in additional coverage up to five (5) times their annual base salary rate.
The Employer's only obligation with respect to all insurance coverage shall be payment of insurance premiums as above provided. The amount and nature of benefits and the commencement and duration of coverage for any program shall be as provided in the master insurance policy and the carrier's rules and regulations.
When sick leave and personal sick leave reserve have been exhausted, full-time employees who are eligible for disability coverage under the University's Long-Term Disability Insurance Program are covered by additional short-term insurance benefits as follows:
1. Upon receipt of satisfactory medical evidence of disability (inability to discharge regular duties), the Director of Human Resources will authorize payment of seventy-five percent (75%) of the employee's regular salary and all of the employee's fringe benefit payments. Employees will use accumulated and unused annual leave to make up the difference between the seventy-five percent (75%) short-term disability payment and full salary.
2. The benefits provided in the preceding paragraph will continue until the Long-Term Disability Insurance Program becomes effective, or until the employee recovers and resumes the employee's regular duties, or until the employee dies, but the benefits will in no event continue for a period longer than the first of the month following six (6) consecutive months of total disability.
5. An employee who returns to work after having received short-term disability will be required to requalify for short-term disability benefits by working a period of twenty (20) work days unless the subsequent disability arises from a cause unrelated to the original disability. The only exceptions to this requalification may be made by the Director of Human Resources in cases of very serious illness or disability. Exceptions shall be granted at the sole discretion of the Employer and any such decision to grant or deny any exception shall not be grievable.
Employees with seniority who are not eligible under the Long-Term Disability Insurance Program will be paid their regular salary rate until their sick leave, sick leave reserve, and annual leave have been exhausted. When sick leave, sick leave reserve, and annual leave is exhausted, an employee may apply for a leave of absence for illness or disability according to the provisions of Article 25, except that the period of the leave of absence will not exceed the length of their seniority at which time their employment will terminate.
The policy provides for the payment of sixty percent (60%) of the regular yearly salary for all full-time employees who have been employed one (1) full year or longer and who, in the opinion of our carrier, are considered to be totally disabled. Disability payments, if approved, will commence the first of the month following six (6) months of disability. The sixty percent (60%) level is less any and all offsets (sick leave, short-term disability, social security, workers' compensation, etc.) as determined by the insurance policy.
The University will provide hospitalization, dental, and optical insurance, if applicable, as provided in Article 27 and one (1) times regular annual salary as group life insurance as provided by our carriers for those receiving long-term disability benefits to a maximum of two (2) calendar years.
Employees who receive benefits under the Long-Term Disability Insurance Program will be considered to be on a disability leave and are subject to the conditions as specified under Article 25, Section A to a maximum of two (2) calendar years, at which time employment shall be terminated.
Employees who have been off of work due to illness, injury (including work-related injury), or disability and who are released to return to active employment by their treating physician must present the Director of Human Resources, or the Director's designee, with the Employer provided form completed by the physician.
If return to work restrictions are identified by the physician, the Employer will determine whether reasonable accommodations are available or are required in accordance with applicable state and/or federal law. If the Employer is unable to accommodate an employee's return to work, the employee and the Union President shall be notified of such determination. The Union may request a special conference to discuss the matter. The Employer's decision shall be nonarbitrable.