ARTICLE 16
CONSULTING, OUTSIDE EMPLOYMENT, AND CONFLICT OF INTEREST
16.1 Employees may engage in consulting or outside employment (including
acting as an expert witness) only if it does not interfere in any way with
University duties and does not adversely affect the quality of University
service and does not result in a conflict of interest.
16.2 Employees engaged in consultation activities or outside employment
shall, prior to undertaking such activities, advise their department or
division head and vice president in writing of the anticipated scope and
direction of their consulting activity or outside employment. If, in the
opinion of the department or division head, outside employment or consulting
activity interferes with University duties or adversely affects the quality
of University service or presents a conflict of interest, the employee
may be asked to terminate the outside employment or consulting activity.
If the employee refuses to terminate the outside employment or consulting
activity, the employee's appointment may be changed to a part-time basis,
properly prorated, on a short-term basis. If the employee's outside employment
or consulting activity continues to affect the quality of University service,
the employee will be asked to terminate the outside employment or consulting
activity. If the employee refuses to terminate it, the employee will be
subject to discharge.
16.3 The time devoted by staff members to outside consultation shall be limited to an aggregate of two (2) working days per month.
17.1 Temporary Employees. The Employer and the Union agree that it
may become necessary to recall laid off employees to temporary assignment
or to hire temporary employees on a full- or part-time basis. The determination
that such action is necessary shall rest in the independent judgment and
complete discretion of the Employer. However, it is recognized that it
is not the intent of the Employer to use temporary employees for the purpose
of eroding the bargaining unit.
17.2 Definition. The term "temporary employee" shall mean
any individual or individuals whose employment is limited in duration to
not more than four (4) consecutive months in the same position and is established
for:
(a) a specific project;
(b) the purpose of relieving employees who are absent due to sickness
or injury, leave of absence, or vacation; or
(c) augmenting the regular work force of employees to meet the requirements
of the Employer that may be occasioned by increased workloads or other
conditions that may create short-term staffing shortages.
17.3 In the event that a vacated bargaining unit position or a new
temporary position is filled by a temporary employee, the Employer will
provide the Union President with the name of the person assigned and the
department to which the temporary employee has been assigned. The temporary filling of a vacated
bargaining unit position or a temporary position shall not exceed four
(4) months unless the Employer posts a notice of vacancy for that position
in which case the Employer may extend the temporary position for an additional
three (3) months in order to complete the hiring process. Should the Employer
decide that it is necessary to fill the vacated position on a permanent
basis, the position will be posted no later than the expiration of the
four (4) month period as provided in Article 13.
17.4 Temporary employees, except for laid off employees who are recalled
to temporary assignments, will not be eligible for University fringe benefits
with the exception of those mandated by State or Federal law. Laid off employees who are recalled to temporary
assignments shall be entitled to any fringe benefits incident to the position
to which they are recalled.
17.5 Temporary employees will be paid the minimum hourly rate of
the classification of the position.
17.6 Any person enrolled for at least six (6) credit hours in a degree granting program and employed under the work-study program or any other student employment program monitored by the Financial Aid Office, or performing services for compensation in order to fulfill an academic requirement, student internship, or graduate assistantship shall be considered a student employee. A graduate student is required to be enrolled for a minimum of four (4) credit hours in a degree granting program to qualify as a student employee. Student employees shall not be used in a manner that results in the elimination of a bargaining unit position or the layoff of a bargaining unit member.
18.1.1 Jury Duty Leave. Employees shall be granted
jury duty leave with pay for the period they are required to serve. Such
leave shall be coordinated with the supervisor and/or department head.
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. Checks for jury duty should be endorsed to
Northern and forwarded to the Financial Services Office with a brief memorandum
that includes the dates of the jury duty. An employee is expected to report
for regular University duty when temporarily excused from attendance at
court. The employee may, at the employee's option, charge jury duty time
to annual leave or compensatory time and retain all court fees.
18.1.2 Funeral Leave. If a death occurs among
members of an employee's immediate family, the employee will be excused
from work, with pay, for three (3) working days in order to
attend the funeral and to make other necessary arrangements. In the case
of an employee's parent, spouse or designated individual, child, or stepchild,
five (5) working days will be permitted. Because of extenuating
circumstances, the Director of Human Resources may grant the bereaved employee
additional time charged to the employee's accumulated annual leave or may
extend the period of this funeral leave.
Definition of Immediate Family: The immediate family shall be interpreted
as including: spouse or designated individual, child, stepchild, father,
mother, sister, brother, father-in-law, mother-in-law, stepfather-in-law,
stepmother-in-law, sister-in-law, brother-in-law,
daughter-in-law, son-in-law, grandfather, grandmother, grandfather-in-law,
grandmother-in-law, stepfather, stepmother, half brother, half sister,
grandchild, 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.
An employee will be allowed one (1) day to attend the funeral of
an uncle, aunt, nephew, or niece of the employee or employee's spouse.
A reasonable number of employees in the unit will be allowed to attend
the funeral of a fellow employee or former employee, without loss of pay,
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.
18.1.3 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 services.
18.1.3.1 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.
18.1.3.2 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.
18.1.4 Mandatory Sick Leave. If the fitness
of an employee to continue in his responsibilities becomes questionable
for reasons of physical or mental health, the employee's supervisor shall
discuss the matter 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 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 a sick 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.
18.2 Leaves of Absence Without Pay
18.2.1 General Conditions. Except as otherwise specified in a particular
leave of absence provision, the following general conditions shall apply
to all leaves of absence without pay:
(a) Seniority in effect or time worked toward seniority at the outset
of leave shall be retained, but shall not continue to accumulate during
the period of the leave.
(b) 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, and optical insurance at the employee's own expense.
(c) During the time an employee is on a leave of absence, the employee's
position may be filled through temporary employment. By mutual agreement
of the University and the Union, the status of temporary may be maintained
beyond the normal four (4) month period. At the time the employee on leave
of absence returns, the employee shall resume his former position if it
is funded or the employee shall exercise his bumping rights.
(d) The Employer, at its option and without cost to the employee,
may require that a physician or physicians of its choosing examine an employee
to verify disability or before returning to active employment. In the event
the employee challenges the diagnosis of the physician chosen by the University,
the employee, with the assistance of the appropriate Union officials, and
the Employer 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 Union and the
Employer.
(e) All leaves of absence must be approved by the administrative
head and cleared through the Human Resources Department.
(f) Application for extension of leaves of absence must be made prior
to the expiration of the leave.
(g) The employee will not receive pay for the holidays falling within
the leave of absence.
(h) The employee will not accrue annual leave while on a leave of
absence.
(i) An employee who does not return from a leave of absence upon
the expiration of the leave shall have his employment terminated.
(j) 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 his 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.
18.2.2 Illness or Disability Leave
18.2.2.1 Employees who are not eligible for or who are denied long-term
disability benefits may apply for a leave for illness or disability as
follows:
(a) 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 pay, personal leave hours, short-term disability benefits
and annual leave under Article
19, if applicable, 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.
(b) The leave of absence shall be for the period of continuing disability,
but not to exceed three (3) months, at which time if the employee does not
return to work, employment will be terminated.
(c) The Employer will provide appropriate hospitalization, dental,
and optical insurance as provided in Article 19, 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). However, those
employees who have supplemental life insurance are responsible for contacting
the Human Resources Department regarding maintaining payments at the employee's
expense.
18.2.2.2 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 19. 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 19.
18.2.2.3 Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
18.2.3 Personal Leaves. Personal leaves may
be granted after an employee has exhausted all accumulated annual leave,
as follows:
Leaves of absence up to three (3) months without pay may, at the
discretion of the Employer, 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, child care for a newborn infant (including
adopted infants), but not for the purpose of obtaining employment elsewhere.
Leaves of absence may be extended for an additional three- (3) month period,
but the total leave time shall not exceed twelve (12) months.
18.2.3.1 Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
18.2.4 Family and Medical Leave Act (FMLA) Leave
18.2.4.1 An employee is eligible, effective August 5, 1993, for a
FMLA Leave if he 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.
18.2.4.2 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, child, or parent
of the employee if the former has a serious health condition, or
d. Because of a serious health condition of the employee, which renders
him unable to perform the functions of the employee's position.
18.2.4.3 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.
18.2.4.4 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.
18.2.4.5 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 thirty (30) working days for reasons other than the continuation, recovering,
or onset of a serious health condition entitling the member to leave under
Sections 18.2.4.2 (c) or 18.2.4.2 (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.
18.2.4.6 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 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., personal leave days, family care
leave). Upon exhaustion of the paid leave, any portion of the remaining
twelve (12) workweeks of leave shall be unpaid.
18.2.4.7 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 and short-term disability. Upon exhaustion of the paid
leave, any portion of the remaining twelve (12) workweeks of leave shall
be unpaid.
18.2.4.8 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 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 [12] month period from the date of birth or placement) is entitled
to only four (4) workweeks of unpaid leave.
18.2.4.9 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 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.
18.2.4.10 An eligible employee who foresees that he 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.
18.2.4.11 An eligible employee who foresees the need for a leave
of absence due to planned medical treatment for himself, his 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.
18.2.4.12 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.
18.2.4.13 If the requested leave is because of a serious health condition
of the employee which renders 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.
18.2.4.14 Leaves taken under Sections 18.2.4.2 (a) or 18.2.4.2 (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 18.2.4.2 (c) or 18.2.4.2 (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.
18.2.4.15 An employee on an approved leave under this Article must
report to the Director of Human Resources every four (4) workweeks regarding
his status and intent to return to work upon conclusion of the leave.
18.2.4.16 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 18.2.4.2 (c) or 18.2.4.2 (d) above, the Employer may,
at its expense, require second and third opinions as specified by the FMLA
to resolve the issue.
18.2.4.17 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.
18.2.4.18 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.
18.2.5 Seasonal Leaves. Seasonal leaves may
be granted as follows:
(a) Leaves of absence up to four (4) months without pay may be granted
to employees who have acquired seniority under this Agreement.
(b) The granting of seasonal leaves will depend upon the number requested
and the requirements of the Employer.
(c) The University will provide the regular premium contributions
for hospitalization, dental, and optical as provided in Article 19 and
life insurance coverage (one [1] times regular annual salary) while an
employee is on a seasonal leave. However, an employee on seasonal leave
who has supplemental life insurance must contact the Human Resources Department
regarding maintaining payments for such coverage at the employee's expense.
(d) The employee shall continue to accumulate seniority while on
a seasonal leave.
(e) The employee will not receive pay for the holidays falling within
the leave of absence.
(f) The employee will be returned to the employee's original position
upon the expiration of a seasonal leave.
(g) Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
18.2.6 Educational Leaves. Educational leaves
of absence of up to two (2) years may be granted to employees for the purpose
of professional development of direct benefit to the University, provided:
(a) The employee has been regularly employed for five (5) or more
consecutive years; and
(b) Such leave will terminate at the end of two (2) years or when
the employee ceases to be a full-time student, whichever occurs first.
(c) Such leave may be for nondegree employee improvement programs
in addition to degree programs.
(d) Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
18.2.7 Political Activity Leave. Employees are
expected to observe the following guidelines in connection with political
candidacy or appointment to public office:
(a) Employees are expected to discuss such candidacy or appointment
with their division or department head prior to public announcement.
(b) Employees 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. Taking a leave of absence without pay
shall not normally be required in the case of candidacy for local or county
office or in a primary contest unless the primary campaign might interfere
with the person's normal duties. In the case of candidacy for state or
national office, a leave of absence without pay shall normally be required
after the primary election. If the employee receives party nomination to
state or national office, the employee shall request a leave of absence
without pay.
(c) University facilities and services are not to be used by staff
members running for office or in campaigning for a specific candidate;
provided, however, that unit members (in their capacity as citizens and
not in their capacity as employees) shall have the same access to University
facilities and services that any other citizen may have.
(d) The duration of the leave will be for the first term of office
elected to or the first term of the appointment.
(e) An extension of such a leave of absence will be considered upon
receipt of a written request to the appropriate vice president 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.
(f) Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
18.2.8 Union Leave. An employee elected or appointed
to a position with the International Union, or delegated by the Local Union,
which necessitates a leave of absence, may request an unpaid leave of absence.
Such request shall be made to the Director of Human Resources as far in
advance as possible, but in no event later than thirty (30) days prior
to the day such leave is to become effective. Such requests must be made
in writing and must be signed by the UAW Director of Region 1D. Such leaves
shall be granted by the University for a period of not less than sixty
(60) days and not more than two (2) years or the term of office, whichever
may be shorter. No more than two (2) employees will be allowed to take
such leave for any given period. An employee who fails to notify the Director
of Human Resources, in writing, at least sixty (60) calendar days prior
to the expiration of the leave of absence of intent to return to work,
shall be deemed to have voluntarily resigned and 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.
18.2.8.1 Please refer to Section 18.2.1 for General Conditions regarding
leaves of absence without pay.
19.1.1 The following holidays will be 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
19.1.2 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 "floating" Seasonal Bonus Days for the employee to schedule
with the supervisor.
19.1.2.1 Those employees hired after December 31 of the then current fiscal year
are not eligible for "floating" seasonal bonus days until the
subsequent fiscal year.
19.1.3 If an 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.
19.1.4 If an 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 June
30 of the fiscal year.
19.1.5 No Holidays or Seasonal Bonus Days will be "cashed out."
19.1.6 "Floating" Seasonal Bonus Days may be utilized in increments of one
(1) hour.
19.1.7 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 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.
19.1.8 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. If an employee is absent on the working day immediately
preceding or immediately following the holiday or seasonal bonus day, the
employee will not be paid for the holiday or the seasonal bonus day unless
the employee's absence is excused.
19.1.9 Employees who are regularly scheduled to work at least twenty
(20) hours per week will be entitled to holiday and seasonal bonus day
pay proportionate to the time actually worked. Temporary employees as defined
in Article 17 and employees who regularly work less than twenty (20) hours
per week will not qualify for holiday or seasonal bonus day pay.
19.2.1 Employees who are regularly scheduled to work a normal forty
(40) hours per week may remain on sick leave, at one hundred percent (100%)
of base wages, for a period not to exceed two hundred and forty (240) hours,
six (6) weeks, in a fiscal year. Employees who have used two hundred and
forty (240) hours of sick leave and are unable to return to work, as evidenced
by a statement from their physician, may be eligible to receive short-term
disability benefits as outlined in Section 19.3.
19.2.1.1 In their initial year of employment or upon return to work
from layoff or an unpaid leave of absence, employees hired or returned
to active employment from layoff or unpaid leave between July 1 and September
30 shall be eligible for up to two hundred and forty (240) hours of sick
leave; employees hired or returned to active employment from layoff or
unpaid leave between October 1 and December 31 shall be eligible for up
to one hundred sixty (160) hours of sick leave; employees hired or returned
to active employment from layoff or unpaid leave between January 1 and
March 31 shall be eligible for up to one hundred twenty (120) hours of
sick leave; and employees hired or returned to active employment from layoff
or unpaid leave between April 1 and May 31 shall be eligible for up to
sixty-four (64) hours of sick leave in the fiscal year. Employees hired
or returned to active employment from layoff or unpaid leave after May
31 shall be eligible for sick leave in the subsequent fiscal year.
19.2.2 Employees who are regularly scheduled to work at least twenty
(20) hours per week but less than forty (40) hours per week will be entitled
to sick leave proportionate to the time actually worked. Temporary employees
as defined in Article 17 and employees who regularly work less than twenty
(20) hours will not qualify for sick leave.
19.2.3 If an employee is in a period of continuing sick leave utilization
at the change of fiscal years, the employee will be required to requalify for
sick leave by returning to active employment and working a period of twenty (20)
consecutive work days.
19.2.4 All payments for sick leave shall be made at the employee's
current rate of pay.
19.2.5 Any sick leave taken for less than a full day will be charged
in increments of tenths of one (1) hour. (e.g., absence of two (2) hours
and five (5) minutes would be charged at two and one-tenth (2.1) hours
of sick leave.)
19.2.6 Sick leave shall be available for use by employees for the
following purposes:
(a) Personal illness or incapacity over which the employee has no
reasonable control.
(b) Absence from work because of exposure to contagious disease which,
according to Marquette County Health Department standards, would constitute
a danger to the health of others by the employee's attendance at work.
(c) 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 nonworking hours.
19.2.7 Employees who have exhausted their sick leave and are still
unable to return to work, must apply for either a leave of absence for
illness or disability as specified under Section 18.2.2 or short-term or
long-term disability as specified under Sections 19.3 or 19.4, whichever
is applicable.
19.2.8 An employee using sick leave during a period that includes
a scheduled holiday or seasonal bonus day will be paid for the holiday or
seasonal bonus day but will not be charged
a day of sick leave.
19.2.9 Employees are required to notify their department or division
head of all absences due to sickness on a daily basis. Where an employee
is expected to be hospitalized or confined to his home, the employee and
the employee's department or division head may arrange for notification
at appropriate intervals.
19.2.10 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 his assigned
duties, including any limitations attached thereto.
19.2.11 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
may be requested to furnish a physician's statement of physical condition
to the employee's department or division head who shall be responsible
for verifying absence due to illness or disability.
19.2.12 The Employer affirms its obligation to comply with applicable state and federal law regarding the confidentiality and use of employee medical records. Employee medical records will be accessible only to University employees who have a demonstrable need for such access.
19.3.1 When sick leave has been exhausted, employees who are eligible
for disability coverage under the University's Long-Term Disability Insurance
Program are covered by additional Short-Term Disability Program benefits
proportionate to their regular appointment period as follows:
(a) 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 base 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.
(b) 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 his 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.
(c) An employee shall continue to accrue vacation while using regular
sick leave.
(d) Once regular sick leave has been exhausted and the employee is
placed on short-term disability, the employee shall cease to earn vacation.
(e) An employee who returns to work after having received short-term
disability will be required to requalify for sick leave benefits by working
a period of twenty (20) consecutive 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.
19.3.2 Employees who are not eligible under the Long-Term Disability
Insurance Program will be paid under the provisions of the Sick Leave and
Short-Term Disability Policies. Once these benefits have been exhausted,
salary payments will cease. Employees may be eligible for an unpaid Illness
or Disability Leave as specified in Section 18.2.2.
19.4.1 The current policy provides for the payment of sixty percent
(60%) of the regular yearly salary, with a monthly maximum specified in
the insurance policy, 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. The sixty percent (60%) level is less
any and all offsets (Social Security, Workers' Compensation, etc.) as determined
by the insurance policy. The University will pay the full cost of a Long-Term
Disability Insurance Program.
19.4.2 The definition of total disability is as specified in the insurance
policy. You must be under the regular care of a physician, other
than yourself or a member of the family.
19.4.3 Physician is defined as a physician legally licensed to practice
medicine and/or surgery.
19.4.4 Seniority of employees shall not accrue while on long-term
disability.
19.4.5 The Employer will provide hospitalization, dental, and optical
insurance, if applicable, as provided in Section 19.5, 19.6, and 19.7 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.
19.4.6 Employees who receive this benefit are considered to be on
a disability leave as specified in Article 18, Section 18.2.2, to a maximum
of two (2) calendar years, at which time employment shall be terminated.
19.4.7 An employee who returns to work prior to the expiration of the two (2)
calendar year disability leave period and works less than six (6) months and
subsequently becomes totally disabled will be eligible to revert back to
disability leave status in order to utilize the remaining portion of the two (2)
calendar year leave of absence period. Upon exhaustion of the remaining
portion, the employee's employment shall be terminated.
19.5 Hospitalization and Medical Program
19.5.1 The Employer will, during the life of the Agreement, maintain
and contribute to a hospitalization and medical program for bargaining unit
members regularly scheduled to work thirty (30) hours or more per week (1,560
hours or more 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 application in accordance with the Employer's
and the administrators' regulations. The Employer's contribution to the
health program for each bargaining unit member participating will be as follows:
2006-2007 average cost up to $9,195
2007-2008 average cost up to $9,747
2008-2009 average cost up to $10,400
19.5.1.1 If the average cost is less than the amounts specified above,
the difference will be considered savings and accrue to the benefit of
the bargaining unit members. The total savings will be computed based on
the average number of bargaining unit members covered during the health
plan year. Any savings accrued will be carried forward and applied to excess
costs in subsequent years as specified in Section 19.5.1.2.
19.5.1.2 Any average cost among all covered employees exceeding the amount
specified in 2006-2007 will be paid by the bargaining unit members up to a
maximum of $1,100. Any costs in excess of the maximum bargaining unit member
contribution will be covered by the Employer.
Any net savings carried forward from 2006-2007 will be applied to any
excess costs in 2007-2008. Any costs in excess of the applied savings will be
paid by bargaining unit members up to a maximum of $1,200 (including any
savings carried forward). Any costs in
excess of applied savings and maximum bargaining unit member contribution
will be covered by the Employer.
Any net savings carried forward from 2007-2008 will be applied to any excess costs in 2008-2009. Any costs in excess of the applied savings will be paid by bargaining unit members up to a maximum of $1,300 (including any savings carried forward). Any costs in excess of applied savings and maximum bargaining unit member contribution will be covered by the Employer.
Any net savings remaining at the end of the 2008-2009 contract year
will be distributed to active bargaining unit members in a manner specified
by the Union. The method of distribution cannot include an increase in
base salaries, since the savings is a one-time savings.
19.5.2 The Union authorizes the Employer to withhold the appropriate employee contributions through payroll deduction.
19.5.3 Average cost is defined as the total of claims or premiums,
administrative fees, reinsurance, employer's share of F.I.C.A. and stop
loss premiums divided by the average number of University employees covered
during the health plan year.
19.5.3.1 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. The Employer also agrees to contribute $2.50 per covered employee per year for this purpose.
19.5.4 In the event that the Employer exercises its right to change
insurance carriers, including third party administrators, the Employer agrees that the coverage of any new plan
will be substantially equivalent or better than the present plan. The Employer
will discuss with the Union representatives any proposed changes in insurance
carriers.
19.5.5 Same-Sex Domestic Partner Benefits
Full-time employees may enroll their same-sex domestic partner and the partner's IRS dependent children in University hospitalization and medical benefits. Same-sex domestic partners are defined as two (2) individuals of the same gender:
-Who are both eighteen (18) years or older and,
-Who have resided together continuously for at least six (6) months, and
-Who intend to reside together indefinitely, and
-Who are not related by blood, and
-Who have agreed to be jointly responsible for each other's welfare, and
-Who share financial obligations, and
-Who are not involved in any other domestic partnership or marriage.
In order to obtain benefits for a same-sex domestic partner, an enrollment form and an affidavit attesting that the above conditions have been met must be completed. The employee will be responsible for paying the illustrative premium rate amount which is the difference between a single plan and a two person plan. Said payment may be made through payroll deduction.
19.5.5.1 Taxation of Same-Sex Domestic Partner Benefits
The Employer cost of providing benefits of the type described above for same-sex domestic partners is considered ordinary income and is, therefore, subject to taxes, including social security, Medicare, federal and state taxes.
19.5.5.2 Confidentiality
The University will keep records containing information on same-sex domestic partners confidential to the extent permitted by the law. When applying for same-sex domestic partner benefits, it is important to understand that the law may require disclosure regarding same-sex domestic partner benefits at a public university.
19.5.6 Prescription Drug Program
The University agrees to provide a Prescription Drug Program with the following co-pays:
NMU Health Center - $5 generic/$10 nongeneric
Off Campus - $10 generic/$20 nongeneric
Mail Order - $10 generic/$20 nongeneric
19.5.7 Those employees, MPSERS retirees, covered under the Non-ORP as specified in Section 19.10.6 are not eligible for the hospitalization and medical program.
19.5.8
Bargaining unit members agree on a yearly basis to prepay the specified maximum
bargaining unit member contribution when all other employee groups agree to
prepay.
19.6.1
The University agrees to contribute the full cost per bargaining unit member of
a family 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 full‑time 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.
19.6.2 Participation in the plan is optional for all full-time bargaining
unit members.
19.6.3 The plan must maintain the level of participation of the bargaining
unit members on roll as determined by the carrier.
19.6.4 The University will assume the administrative costs necessary
to collect deductions, to submit payments to the insurance carrier, to
enroll bargaining unit members, and to communicate with the insurance carrier
regarding administration of the plan.
19.7.1
The University agrees to contribute the full cost per bargaining unit member of
a family 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 optical plan for all participating full‑time 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.
19.7.2 Participation in the plan is optional for all full-time bargaining
unit members.
19.7.3 The plan must maintain the level of participation of the bargaining
unit members on roll as determined by the carrier.
19.7.4 The University will assume the administrative costs necessary
to collect deductions, to submit payments to the insurance carrier, to
enroll bargaining unit members, and to communicate with the insurance carrier
regarding administration of the plan.
19.8.1 The University will pay the premiums for term life insurance
equal to an employee's annual base salary rate, (rounded to the next highest
multiple of one thousand dollars [$1,000]), with an accidental death and
dismemberment rider, for all full-time employees who complete the necessary
forms for this coverage within thirty (30) days of obtaining full-time
status.
19.8.2 Additional personal coverage equal to three (3) times the
employee's annual base salary rate (rounded to the next highest multiple
of one thousand dollars [$1,000]), may be obtained at the employee's cost,
including coverage for the employee's spouse and/or dependent children.
The University agrees to make available to the Union the available options
for employee-paid, increased dependent life insurance coverage when the
life insurance contract is renegotiated.
19.8.3 In the event that the Employer exercises its right to change insurance carriers, the Employer agrees that the coverage of any new plan will be substantially equivalent or better than the present plan. The Employer will discuss with Union representatives any proposed changes in insurance carriers.
19.9 Insurance Obligation. The University'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 or administrator's rules and regulations.
19.10.1 Employees who are scheduled to work at least twenty (20)
hours per week are eligible to participate in the Teachers Insurance and
Annuity Association-College Retirement Equities Fund (TIAA-CREF) Retirement
Program if they complete the necessary application forms within ninety
(90) days of their employment date. Employees scheduled to work less than
twenty (20) hours per week will not have retirement contributions made
on their behalf by the employer.
19.10.2 Employees first hired prior to January 1, 1996 who did not
elect TIAA-CREF are covered under the terms and provisions of the Michigan
Public School Employees Retirement System (MPSERS).
19.10.3 For those employees hired prior to October 1, 1998 who participate
in TIAA-CREF, the employer shall contribute twelve and one-half percent
(12.5%) of salary up to $20,000 of salary paid and seventeen and one-half
percent (17.5%) of salary paid above $20,000.
19.10.4 For those employees hired October 1, 1998 or later who participate
in TIAA-CREF, the employer shall contribute twelve and one-half percent
(12.5%) of salary.
19.10.5 Effective January 1, 2000, the salary base for retirement
contribution purposes will no longer include "in kind" payments
(e.g., value of meals, lodging, personal use portion of an employer-furnished
vehicle, etc.).
19.10.6 Non-Other Retirement Plan (ORP)
19.10.6.1 Effective January 26, 2006, the University shall make contributions to the Non-ORP with TIAA-CREF for MPSERS retirees who are scheduled to work at least twenty (20) hours per week and who have completed the necessary application forms within ninety (90) days of their employment date. Employees scheduled to work less than twenty (20) hours per week will not have retirement contributions made on their behalf by the Employer.
19.10.6.2 For those employees, MPSERS retirees, covered under the Non-ORP, the Employer shall contribute twelve and one-half percent (12.5%) of salary.
19.10.6.3 Those employees, MPSERS retirees, covered under the Non-ORP are not eligible for coverage under the University’s hospitalization and medical program.
19.10.7 Retirement Privileges
19.10.7.1 Upon retirement, employees will
receive a membership card from the NMU Retirees Association which will
entitle them to all the NMU Retirees Association Benefits.
19.10.7.2 To be eligible for retirement benefits and privileges as
a retiree of Northern Michigan University, regardless of the retirement
program in which the bargaining unit member participates, the total of
a bargaining unit member's age and years of service at NMU must equal or
be greater than seventy (70) as of the retirement effective date and the
bargaining unit member must have a minimum of ten (10) years of full-time
service with the University. The only exception to the preceding
eligibility requirements pertain to those bargaining unit members who terminate
their employment in accordance with the 2000-2001 Northern Michigan University
Severance Incentive Plan (SIP). All 2000-2001 SIP terminations are
considered retirees of the University and are eligible for retirement benefits
and privileges.
19.11 Tuition Scholarship Program
19.11.1 Tuition scholarships will be awarded to employees, spouses,
and dependent children (son, stepson, daughter, stepdaughter, and a legally
adopted child) on
a space available basis.
19.11.2 Employees, spouses, and dependent children, as identified in
Section 19.11.1 and in accordance with the dependent children tuition
scholarship benefits procedure, shall be allowed to take an unlimited number
of credit hours per semester.
19.11.3 Employees may enroll in courses up to a maximum of four (4)
credit hours during regular working hours. Arrangements for such time off
must be made with the immediate supervisor. All time so devoted will be
made up within the same biweekly pay period through arrangements with the
immediate supervisor and/or department head. If the Employer assigns a
bargaining unit member to take a class offered only during the employee's
scheduled work time, the employee shall not be required to make up the
time.
19.11.4 Those who participate in the Tuition Scholarship Program
are not eligible to receive additional University funded scholarships or
grants.
19.11.5 In the event of an employee's death, the surviving spouse
as long as he/she does not remarry, and dependent children as identified in
Section 19.11.1 and in accordance with University policy, who are participating in the
Tuition Scholarship Program as specified in Section 19.11.2 at the time
of the employee's death may continue in the Program until completion.
19.11.6 In the event of death to an employee who had at least fifteen
(15) years of service at NMU, the surviving spouse, as long as he/she does
not remarry, and the dependent children as identified in Section 19.11.1 and in
accordance with University policy, when they become eligible for enrollment at
NMU may
participate in the program until they complete their course of study.
19.11.7 No employee on an unpaid leave of absence (except those receiving long-term disability benefits) or their spouse or dependent children as identified in Section 19.11.1 and in accordance with University policy, shall receive such a scholarship unless it is approved by the Director of Human Resources prior to the commencement of such leave.
19.11.8 Northern Michigan University will abide by state and federal laws
regarding the taxability of tuition benefits.
19.12.1 All full-time employees, their spouse, and dependents living in the home shall be entitled to receive a twenty percent (20%) discount on all books purchased at the Bookstore and a ten percent (10%) discount on all other items. These discounts shall not apply to sale items or to cap and gown rentals and purchases.
It is agreed that once all other employee groups agree to eliminate
the "benefit," Local 2178 will also agree to eliminate it.
19.13 Recreation Membership/Walking Pass
The Employer will provide each bargaining unit member who completes the
annual application process a single Recreation Membership or a single walking
pass for themselves. The cost
of an annual family membership may, in the alternative, be reduced by the
cost of a single membership for the family of such employees. Once per
year, employees may sponsor one (1) person, other than their spouse, for
a recreation membership at the reduced rate which would otherwise be afforded
family members of the employee.
19.14.1 Full-time, twelve- (12) month employees will accrue vacation
according to the following schedule:
| Years of Continuous | Annual Accrual Rate | Maximum Accrual |
| Service at NMU | Hours (Days) | Hours (Days) |
| 1 through 5 | 120(15) | 180 (22.5) |
| 6 through 10 | 160 (20) | 240 (30) |
| 11 and over | 200 (25) | 300 (37.5) |
Less than twelve- (12) month employees will accrue vacation at the
same accrual rate during the specified period of their appointment.
19.14.2 An employee must be compensated for forty (40) hours of the
pay period in order to accrue vacation.
19.14.3 Accumulated vacation may be used as earned.
19.14.4 All leaves will be granted at the convenience of the Employer
with the provision that an employee with greater seniority will be given
priority consideration for his original request of vacation dates by the
employee's department or division head.
19.14.5 When a regular paid holiday or seasonal bonus day is observed by the University
during the time the employee is on vacation, the employee will not be charged
with a vacation day.
19.14.6 Employees in positions financed by grants will abide by the vacation schedules as specified in Section 19.14.1 except when the terms of the grant are established exclusively by a source outside the University and specify otherwise.
19.14.7 Departments or Divisions which experience "slack"
or "down" periods may require that vacation time be used during
these periods. The minimum increment to be so used is one (1) day.
19.14.8 Employees employed on appointments less than twelve (12)
months and whose position is related to the academic calendar will in most
instances be required to take their vacation during the periods when classes
are not in session.
19.14.9 Actual time off must be taken in order to receive payment
for vacation except an employee will receive pay in lieu of actual time
off under the following circumstances:
(a) Retirement; or
(b) Cessation of employment; or
(c) Death, in which case the pay for unused vacation will be paid
to the surviving spouse, if any, or to the beneficiary as designated on
the Authorization to Disburse Earnings and Allowances form on file in the
Human Resources Department, if any, or to the estate.
19.14.10 Employees earn vacation credits while on vacation and sick
leave except those terminating their employment will not accrue vacation
days beyond the last day worked.
19.14.11 Employees who are regularly scheduled to work at least twenty
(20) hours per week will be entitled to vacation days proportionate to
the time actually worked. Temporary employees as defined in Article 17
and employees who regularly work less than twenty (20) hours will not qualify
for vacation.
19.14.12 The Employer shall reimburse employees who lose travel or
accommodation deposits made in connection with annual leave under the following
conditions:
(a) The employee must notify the supervisor and the Human Resources
Department in writing, at least ninety (90) days in advance of the annual
leave date, the amount of the deposits and of the latest possible date
on which the employee can cancel the reservation without financial loss.
(b) If the Employer subsequently cancels the employee's annual leave after the latest possible date on which the employee could cancel the reservation without financial loss, the Employer shall reimburse the employee for said loss.
19.14.14 When employees transfer to another position in which no
annual leave may be earned, employees will be paid the value of unused
annual leave up to the appropriate maximum accrual limit. When employees
transfer to a position with a lesser maximum accrual limit, employees will
be paid for any annual leave hours above the new maximum accrual limit.
19.15.1 Employees may use up to eighty (80) hours of paid Family Care Leave
per fiscal year for the confining illness or injury 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.
19.15.2 The first forty (40) hours will be at one hundred percent
(100%) of base wages. The next forty (40) hours will be at seventy-five
percent (75%) of base wages. Employees will use accumulated and unused
annual leave to make up the difference between the seventy-five percent
(75%) Family Care Leave and full salary.
19.15.3 Once an employee exhausts Family Care Leave,
additional time required for the care of a family member must be taken
as personal leave days, annual leave, floating holiday, if available, or
unpaid leave. The University reserves the right to review cases on an individual
basis and to require documentation.
19.15.4 The first forty (40) hours of Family Care Leave will not
be counted toward the twelve (12) week mandatory protection offered by
the Family Medical Leave Act (FMLA).
19.15.5 New employees hired on or after January 1 of the then current fiscal
year may use up to forty (40) hours of Family Care Leave during the fiscal year
in accordance with Section 19.15.1. The first twenty (20) hours will be at
one hundred percent (100%) of base wages. The next twenty (20) hours will
be at seventy-five percent (75%) of base wages. Employees will use
accumulated and unused annual leave to make up the difference between the
seventy-five percent (75%) Family Care Leave and full salary.
19.15.6 Employees who are regularly scheduled to work at least twenty (20) hours
per week but less than forty (40) hours per week will be entitled to a total of
Family Care Leave hours proportionate to the time actually worked (e.g., an
employee who works thirty [30] hours per week may use up to sixty [60] hours
with the first thirty [30] hours at one hundred percent [100%] of base wages and
the next thirty [30] hours at seventy-five percent [75%] of base wages).
Temporary employees are defined in Article 17 and employees who regularly work
less than twenty (20) hours will not qualify for Family Care Leave.
19.16.1 On July 1 of each year, employees will be granted up to twenty-four
(24) hours of paid personal leave. Personal leave may be used in one (1)
hour increments and may be scheduled as needed by the employee with prior
approval of the supervisor. Personal leave cannot be carried over into
the next fiscal year and will not be paid upon change in employment status.
19.16.2 New employees hired between July 1 and December 31 will be
granted twenty-four (24) hours of personal leave on their date of hire.
New employees hired between January 1 and April 30 will be granted twelve
(12) personal leave hours on their date of hire.
19.16.3 On July 1 of each year, employees who are regularly scheduled to work at
least twenty (20) hours per week but less than forty (40) hours per week will be
granted a total of personal leave hours proportionate to the time actually
worked (e.g., an employee who works thirty [30] hours per week will be granted
eighteen [18] hours of personal leave.) Temporary employees as defined in
Article 17 and employees who regularly work less than twenty (20) hours will not
qualify for personal leave hours.
19.17.1 An employee injured on the job during working hours and requiring
medical attention shall be paid for the remainder of the day on which he
was injured if the attending physician determines that the injury is serious
and the employee must remain off the job for the day.
19.17.2 Employees who suffer an injury compensable under the Workers'
Compensation Act and who are awarded such compensation shall be paid the
difference between the employee's regular wages and payment received under
the provisions of the Act during their normal appointment period for up to a
maximum of six (6) consecutive months. Those employees whose normal
appointment period is less than twelve (12) months and whose pay is spread
throughout the year, will continue to receive their deferred, earned salary owed
to them, if applicable.
19.17.3 Employees who have been disabled for six (6) consecutive
months and are unable to return to work may, if eligible, apply for long-term
disability benefits as specified in Section 19.4.
19.18 Dependent Care Assistance Program (DCAP)
19.18.1 The Employer agrees to offer an employee-paid dependent care
assistance program to all full-time bargaining unit members.
19.19 Flexible Spending Accounts
19.19.1 The Employer will establish flexible spending
accounts and premium conversion plans for health, dental, and optical expenditures
for premiums and deductibles as allowable by law.
19.20 Parking Fees
19.20.1 The Employer will allow employees who complete the necessary forms to
receive one (1) parking decal at no cost and have the cost of additional parking decal fees deducted from their payroll check on a
pre-tax basis.
19.21.1 Should committees be formed for the purpose of studying improvements in the fringe benefit program, retirement program, and cost containment program, Local 2178 will have equal representation as the other Unions on the committees.
19.22.1 The University will abide by State and Federal laws regarding the taxability of fringe benefits.