If an employee is transferred to a position under the Employer not included in the unit and is thereafter transferred again to a position within the same unit, the employee's accumulated seniority shall be that amount of seniority attained at the time of his/her leaving the unit.

The Employer agrees that in any movement of work not covered above such movements will be discussed with the Union in order to provide for the protection of the seniority of the employees involved.

Section A Sick Leave

Sick leave shall be available for use by employees for the following purposes:

1. Acute personal illness or incapacity over which the employee has no reasonable control.

2. Absence from work because of exposure to contagious disease which, according to public health standards, would constitute a danger to the health of others by the employee's attendance at work.

3. Medical and dental extractions or treatment to the extent of time required to complete such appointments when it is not possible to arrange such appointments for nonduty hours.

Full-time employees shall be eligible for up to sixty-four (64) hours of sick leave with pay per fiscal year.  New employees may use sick leave, if eligible, after they have completed two (2) biweekly pay periods.  In their initial year of employment, employees hired between July 1 and September 30 shall be eligible for up to sixty-four (64) hours of sick leave; employees hired between October 1 and December 31 shall be eligible for up to forty-eight (48) hours of sick leave; employees hired between January 1 and April 30 shall be eligible for up to thirty-two (32) hours of sick leave in the fiscal year. Employees hired between May 1 and May 31 shall be eligible for up to eight (8) hours of sick leave.  Employees hired after May 31 shall be eligible for sick leave in the subsequent fiscal year.

Upon return to work from layoff or an unpaid leave of absence, employees shall be eligible for sick leave as indicated above.

Those employees who work at least twenty (20) but less than forty (40) hours per week as defined in Article 1 will be entitled to sick leave proportionate to the time actually worked.  Temporary employees as defined in Article 1 and employees who regularly work less than twenty (20) hours per week will not quality for this benefit.

Absences of twenty-four (24) or more consecutive working hours require a satisfactory physician’s statement on the authorized form.  Failure to provide a satisfactory physician’s statement in a timely manner will result in lost time. 

Section B Personal Sick Leave Reserve

Each fiscal year full-time employees shall be eligible for up to one hundred and seventy six (176) hours of personal sick leave reserve.  Prior to approval of an excused absence and payment from the sick leave reserve, an employee must submit satisfactory medical evidence, utilizing the authorized form, of the serious health condition to the Director of Human Resources. Failure to provide satisfactory medical evidence of a serious health condition in a timely manner will result in payments from sick leave, if available, or lost time.  New employees may use personal sick leave reserve, if eligible, after they have completed two (2) biweekly pay periods.

Serious health condition means an illness, incapacity due to pregnancy, injury, impairment, or a physical or mental condition that involves one of the following:

1. Inpatient hospital care including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care;

2. A period of incapacity of more than three (3) consecutive calendar days that also involves treatment two (2) or more times by a health care provider, or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider;

3. A chronic condition which requires periodic visits for treatment by a health care provider which continues over an extended period of time and may cause episodic rather than a continuing period of incapacity.

In their initial year of employment, employees hired between July 1 and September 30 shall be eligible for up to one hundred and seventy-six (176) hours of personal sick leave reserve; employees hired between October 1 and December 31 shall be eligible for up to one hundred thirty-two (132) hours of personal sick leave reserve; employees hired between January 1 and April 30 shall be eligible for up to eighty-eight (88) hours of personal sick leave reserve; employees hired between May 1 and May 31 shall be eligible for sixteen (16) hours of personal sick leave reserve in the fiscal year.  Employees hired after May 31 shall be eligible for personal sick leave reserve in the subsequent fiscal year.

Upon return to work from layoff or an unpaid leave of absence, employees shall be eligible for personal sick leave reserve as indicated above.

Those employees who work at least twenty (20) but less than forty (40) hours per week as defined in Article 1 will be entitled to personal sick leave reserve proportionate to the time actually worked.  Temporary employees as defined in Article 1 and employees who regularly work less than twenty (20) hours per week will not qualify for this benefit.

If an employee is in a period of continuing sick leave and/or personal sick leave reserve utilization at the change of fiscal years, the employee will be required to requalify for sick leave and personal sick leave reserve by returning to active employment and working a period of twenty (20) consecutive work days.

Employees who are not eligible for short-term disability and who have exhausted their sick leave and personal sick leave reserve and are still unable to return to work shall exhaust any unused annual leave.   Employees who have exhausted their sick leave, their sick leave reserve, and their unused annual leave and are still unable to return to work, must apply for a leave of absence for illness or disability as specified under Article 25.

An employee using sick leave or personal sick leave reserve during a period that includes a scheduled holiday will be paid for the holiday but will not be charged a day of sick leave or sick leave reserve.

Employees are required to notify their supervisor of all absences due to illness or disability on a daily basis prior to the start of their shift.  Where an employee is expected to be hospitalized or confined to the employee’s home, the employee and the employee’s supervisor may arrange for notification at appropriate intervals. 

An employee who has been severely ill or who has been hospitalized because of illness or surgery must provide a statement from the employee’s personal physician stating that the employee is able to resume the employee’s full range of duties, including any limitations attached thereto.

In the case of extended sick leave absences or in an effort to determine the validity of an employee’s use of sick leave, the employee must furnish a physician’s statement of medical condition to the Director of Human Resources.

Personal sick leave reserve must be taken, and will be charged in accordance with actual time required, or proportionate to the time actually worked, or on a reduced schedule for a limited time in order to accommodate a return to active employment.

Satisfactory Physician’s Statements

If any submitted physician’s statement is unsatisfactory, the Human Resources Department may request that the employee contact the provider of the statement to request more information.  If this request is not responded to in a reasonably timely way, or if the supplemental physician’s statement is still unsatisfactory, the Employer may require the employee to submit to a physical or, where relevant, psychiatric examination by a licensed physician or psychiatrist of its choice at its expense.

Section C Hours of Sick Pay Payable

1. Sick leave taken for less than a full day must be taken, and will be charged, in increments of tenths (10ths) of one (1) hour.  (e.g., absence of two [2] hours and five [5] minutes would be charged as 2.1 hours of sick leave.).

2. All payments for sick leave shall be made at the employee's current rate of pay.

3. An employee using sick leave during a period that includes a scheduled holiday will be paid for the holiday.  He cannot be paid for both on the same day, nor will he be charged for a day of sick leave.

Section D Medical Dispute

If the fitness of an employee to continue in the employee’s responsibilities becomes questionable for reasons of physical or mental health, the employee’s supervisor shall discuss the matter with the employee and their steward, if requested, 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 the employee’s duties in a competent manner, the Union recognizes that 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.  Before an employee is involuntarily placed on such leave, the Employer will notify the President of the Union and give the Union an opportunity to make any objections it has to the proposed action.  If the employee is not satisfied with the determination of the University designated physician, the employee may submit a report from a licensed physician or psychiatrist of the employee’s own choosing and at the employee’s own expense.  If the dispute still exists, at the request of the Union the University designated physician and the employee's doctor shall agree upon a third licensed physician, psychiatrist, surgeon, or osteopathic physician and surgeon, to submit a report to the University and the employee, and the decision of such third party will be binding on both parties.  The expense of the third party shall be shared equally by the University and the employee.

Section E Family Care Leave

Full-time employees may use up to twenty-four (24) hours of paid family care leave per fiscal year for the confining illness or injury (not routine medical/dental appointments) to members of the immediate family (spouse or designated individual, children, parents, parents-in-law, brothers, sisters) and any person for whose financial or physical care the employee is principally responsible.  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.

Once an employee uses twenty-four (24) hours of family care leave, additional time required for the care of a family member must be taken as a personal leave day, annual leave or unpaid leave.  The University reserves the right to review cases on an individual basis and to require documentation.

These twenty-four (24) hours of family care leave will not be counted toward the twelve (12) week mandatory protection offered by the Family Medical Leave Act (FMLA).

Section F Workers’ Compensation

A seniority employee who suffers a work-related injury or illness will not be required to use sick leave for time away from work as a result of that injury or illness providing:  (1) the injury or illness claim is approved by the University’s workers’ compensation carrier, and (2) the employee provides Human Resources with satisfactory medical documentation in a timely manner from a physician attesting to the necessity for such time away from work.  A seniority employee who suffers injury compensable under the Workers' Compensation Act and is awarded such compensation shall be paid the difference between the employee’s regular wages and payment received under provisions of the Act for a maximum of six (6) consecutive months.  Employees who are receiving workers' compensation will not accrue annual leave during the period of time that they are off of work.  Employees who have been disabled for six (6) consecutive months and are still unable to return to work, must apply, if eligible, for a leave of absence for illness or disability as specified under Article 25, Section A, with the exception that there will be no loss of seniority, or if eligible, apply for long‑term disability as specified under Article 28, Section B.

Section A

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

1. New Year's Day

2. Memorial Day

3. Independence Day

4. Labor Day

5. Thanksgiving Day

6. December 25

Section B Seasonal Bonus Days

In addition to the holidays stated above, each fiscal year the Employer will schedule six (6) seasonal bonus days. One (1) seasonal bonus day will be the day after Thanksgiving, one (1) will be the day before or after December 25, and one (1) 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 a "floating" seasonal bonus days for the employee to schedule with the employee's supervisor. "Floating" seasonal bonus days may be utilized in increments of one (1) hour.

If an employee is required to work on a seasonal bonus day or Easter Sunday, the employee will be paid straight time, but will be given an additional day off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional day off as near as practical to the designated seasonal bonus day or Easter Sunday.

Section C

If an employee is absent on the scheduled working day immediately preceding or immediately following the holiday, the employee will not be paid for the holiday unless the employee's absence is excused. However, if an employee is laid off for the period between the end of the fall semester and the beginning of the winter semester or during spring break because of lack of work, the employee will receive the same holiday pay given to the rest of the employees, if applicable.

Section D

Employees who regularly work at least twenty (20) hours per week on a continuous basis will be entitled to holiday benefits proportionate to the hours normally scheduled. There will be no seasonal bonus day pay for temporary employees. Temporary employees will not qualify for holiday benefits except as provided for in Article 14, Section B, Item 2.

Section E

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

Time and one-half the regular straight time rate will be paid for all time worked on a designated holiday as provided in Section A of this Article. If the employee is not given an additional day off for the holiday on which the employee is scheduled to work, the employee will receive his/her holiday pay in addition to the time and one-half for the time worked.

If an employee terminates employment, the employee will not receive pay for holidays nor accrue annual leave occurring after the last day worked even though the holidays may fall within the period of the employee's projected terminated annual leave.

Section A Accrual

Annual leave with pay is based on an employee's length of continuous employment and accrues at the following rate:

An employee must be compensated for forty (40) hours of the pay period in order to accrue annual leave.

Less than twelve (12)-month employees will accrue annual leave at the same accrual rate during the specified period of their appointment.

Employees regularly scheduled to work at least twenty (20) hours per week on a continuous basis will be entitled to annual leave proportionate to the time actually worked.

Years of service must be consecutive and an employee will be given credit only for time actually worked in meeting the requirements of this annual leave plan.

An approved leave of absence for military service will not be counted as a break in the employee's service record when determining the employee's vacation allowance under this annual leave plan.

Section B Eligibility

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 with seniority who is disabled as specified in Article 28 but is not eligible for disability benefits shall use annual leave prior to the completion of six (6) months of employment.

Section C Pay in Lieu of Annual Leave Time

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:

1. Retirement; or

2. Cessation of employment, including layoff; or

3. Death, in which case the pay for unused annual leave will be paid to the beneficiary or the estate of the deceased employee; or

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.

Section D Pay for Accrued Annual Leave Time

1. Pay for annual leave time shall be at the employee's hourly base rate at the time annual leave is taken, times the number of paid annual leave time scheduled and used.

2. Pay in lieu of annual time shall be at the employee's hourly base rate, at the time the event set forth in Section C occurs, times the number of hours of accrued annual leave time.

Section E Scheduling of Paid Annual Leave Time

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.

In the event of a dispute regarding the choice of annual leave time, whenever possible the seniority employee will be given his choice of annual leave.

Departments which experience "slack" or "down" periods may encourage that vacation time be used during these periods.  The minimum increment to be so used is one (1) day.

If a legal holiday falls within an employee's annual leave, the employee will be given an extra day, the time to be arranged with the employee's supervisor.

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. 

To receive pay an employee shall request permission from the employee's supervisor to use personal leave at least two (2) days prior to utilization. In proper cases exceptions may be made.

Personal leave days shall be utilized and charged to employees in increments of not less than four (4) hours.

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.