10.1 Leaves of Absence With Pay
10.1.1.1 Employees shall be granted jury leave with pay for the period they are required to serve. Such leave shall be coordinated with the 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 Michigan University and forwarded to the Financial Services Office with a memorandum that includes the dates of the jury duty. Employees are expected to report for regular University assignment when temporarily excused from attendance at court.
10.1.2.1 If a death occurs among members of an employee's immediate family, the employee will be excused from work, with pay, for three (3) days in order to attend the funeral and make other necessary arrangements. In the case of an employee's parent, parent-in-law, spouse or designated individual, child, or stepchild, five (5) 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.
10.1.2.2 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 (including but not limited to foster children or relatives residing in the home).
10.1.2.3 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.
10.1.2.4 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.
10.1.2.5 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.
10.1.3 Military Leave of Absence
10.1.3.1 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.
10.1.3.2 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.
10.1.3.3 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.
10.1.4.1 If the fitness of an employee to continue in the employee's responsibilities becomes questionable for reasons of physical or mental health, the appropriate employee's supervisor shall discuss the matter with the employee in personal conference. If the problem cannot be resolved in such 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 psychologist, physician or psychiatrist and the Employer will assume the cost of the examination. In the event the medical examination results in 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.
Employees shall be granted up to twenty-four (24) hours of personal leave per contract year for absence from work for the purpose of attending to or caring for personal matters (e.g., routine medical, dental appointments for dependents). 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 contract year and will not be paid upon change in employment status.
10.1.5.1 New employees hired between July 1 and December 31 will be granted up to twenty-four (24) hours of personal leave on their date of hire. New employees hired between January 1 and April 30 will be granted up to twelve (12) hours of personal leave on their date of hire.
10.1.5.2 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 7 and employees who regularly work less than twenty (20) hours will not qualify for personal leave hours.
10.2 Leaves of Absence Without Pay
10.2.1 Illness or Disability Leave
10.2.1.1 Employees who have acquired seniority and are not eligible for coverage under the Long-term Disability Program or employees who have acquired seniority and 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, personal leave hours, short-term disability benefits, and annual leave
shall be granted a leave of absence without pay upon request in writing
and upon the Human Resources Department receiving written satisfactory
evidence of disability from the employee's physician.
b. The leave of absence shall be for the period of continuing disability,
but not to exceed three (3) months.
10.2.1.2 Employees who are eligible for coverage under the Long-term Disability Program and who receive long-term disability benefits will be considered to be on an illness/disability leave and are subject to the conditions of Section 10.2.1.3 and Article 11, Section 11.11.4.
10.2.1.3 Seniority of employees shall not continue during leaves of this provision. The Employer will provide fully paid hospitalization (family plan) as provided in Section 11.3, the regular contribution amount toward the dental plan and the optical plan, if applicable, and one 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 with a two (2) year maximum extension of these benefits.
10.2.2.1 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, temporary termination of the employee's work, child care for a newborn infant (including adopted infants), or extension of annual leave once annual leave has been granted, but not for the purpose of obtaining employment elsewhere. Leaves of absence for like causes may be extended for additional three (3) month periods, but the total leave time shall not exceed one (1) year.
10.2.3 Family and Medical Leave Act (FMLA) Leave
10.2.3.1 A bargaining unit member is eligible, effective August 5, 1993, for a FMLA leave if he/she has been an employee for at least twelve (12) months and has been employed as an employee at least one thousand two hundred and fifty (1,250) hours during the twelve (12) month period immediately preceding the leave effective date at a worksite where the Employer employs at least fifty (50) employees within a seventy-five (75) mile radius.
10.2.3.2 Subject to the notice and certification requirements described below, an eligible bargaining unit member 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 member and to care for
such child.
b. for the placement of a child with the member for adoption or foster
care.
c. to care for a spouse or designated individual, child, or parent
of the member if the former has a serious health condition, or
d. because of a serious health condition of the member, which renders
him/her unable to perform the functions of the member's position.
10.2.3.3 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 bargaining unit member 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 member would have been entitled had the member not taken the leave.
10.2.3.4 Bargaining unit members 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 member when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
10.2.3.5 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 member 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 member under such group health plan during the period of a FMLA leave if the member 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 10.2.3.2 (c) or 10.2.3.2 (d) above, or other circumstances beyond the member's control. The Employer may require certification of inability to return to work as specified and allowed by the FMLA.
10.2.3.6 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 bargaining unit member is first required to exhaust any available paid vacation leave and necessity leave (e.g., personal leave hours, family care leave). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.
10.2.3.7 If the requested leave is due to the bargaining unit member's serious health condition, the bargaining unit member is first required to exhaust any available paid sick leave. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.
10.2.3.8 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, a bargaining unit member 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.
10.2.3.9 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 bargaining unit member may use up to twelve (12) workweeks of unpaid leave during any twelve (12) month period to care for her/his child or spouse or designated individual who is suffering from a serious health condition, or if the leave is necessitated by the member's own serious health condition.
10.2.3.10 An eligible bargaining unit member 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 bargaining unit member must provide as much written notice as is practicable under the circumstances.
10.2.3.11 An eligible bargaining unit member who foresees the need for a leave of absence due to planned medical treatment for herself/himself, her/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 a member must also give at least thirty (30) calendar days written notice, unless impractical in which case the bargaining unit member must provide as much written notice as circumstances permit.
10.2.3.12 If the requested leave is to care for a spouse or designated individual, child, or parent who has a serious health condition, the bargaining unit member may be required to file with the Employer in a timely manner a health care provider's statement that the member is needed to care for the son, daughter, spouse or designated individual, or parent and an estimate of the amount of time that the member is needed for such care.
10.2.3.13 If the requested leave is because of a serious health condition of the bargaining unit member which renders her/him unable to perform the functions of the member's position, the bargaining unit member may be required to file with the Employer the physician's or health care provider's statements as allowed by the FMLA.
10.2.3.14 Leaves taken under Sections 10.2.3.2 (a) or 10.2.3.2 (b) above shall not be taken intermittently unless the Employer and the bargaining unit member agree otherwise. Subject to the limitations and certifications allowed by the FMLA, leaves taken under Sections 10.2.3.2 (c) or 10.2.3.2 (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 member to transfer temporarily to an available alternative position offered by the Employer for which the member is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the member's regular position.
10.2.3.15 A bargaining unit member on an approved leave under this Article must report to the Director of Human Resources every four (4) workweeks regarding her/his status and intent to return to work upon conclusion of the leave.
10.2.3.16 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 10.2.3.2 (c) or 10.2.3.2 (d) above, the Employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.
10.2.3.17 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.
10.2.3.18 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.
10.2.4.1 Leaves of absence up to four (4) months without pay may be granted to employees who have acquired seniority under this Agreement.
10.2.4.2 Seasonal leaves are usually granted to those employees who have a number of years of service and do not choose to be employed during periods such as breaks in the academic calendar or the summer semester.
10.2.4.3 The granting of seasonal leaves will depend upon the number requested and the requirements of the Employer. It is understood that the position will remain vacant during the designated seasonal leave.
10.2.4.4 The University will provide the regular premium contributions for hospitalization as provided in Section 11.3, if applicable, dental, if applicable, optical, if applicable, and life insurance, if applicable, coverage while an employee is on a seasonal leave.
10.2.4.5 The employee will continue to accrue seniority while on a seasonal leave. If the employee does not return to the University upon expiration of the leave, the employee's employment shall be terminated unless either Article 8 or Article 9, Section 9.6 (f) applies.
10.2.4.6 The employee will not receive pay for the holidays falling within the leave of absence except for December 25 and New Year's Day.
10.2.5.1 Educational leaves of absence of up to one (1) year may be granted to employees of this unit who have at least three (3) years of seniority at Northern Michigan University. Such leaves will be unpaid and without benefits or seniority accumulation. All requests for educational leave must be presented in writing to the Director of Human Resources. Such leave will terminate at the end of one (1) year or when the employee ceases to be a student on an approved degree or certificate program at an accredited institution of higher education, whichever occurs first.
10.2.6.1 An employee elected or appointed to a position with the International Union, which necessitates a leave of absence, may request a leave of absence without pay, benefits, and seniority accumulation. 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 one (1) year and not more than two (2) years or the term of office, whichever may be shorter. No more than one (1) employee will be allowed to take such leave for any given period.
10.2.6.2 At least three (3) months prior to when the employee is to return from the employee's Union leave, the Union shall notify the Director of Human Resources, in writing, as to the date of the employee's return. Upon the employee's return, the employee will be placed in a vacant position. If no position is available for which the employee is qualified, the employee will have the right to displace an employee with the least seniority in the same classification as held before going on leave. The University shall have no responsibility to place any employee returning from a Union leave until ninety (90) days after receiving the above notice.
10.2.7 Political Activity Leave
10.2.7.1 Any employee with at least one (1) year of seniority who is elected to a full-time public office, or who is a candidate for a full-time public office, may make written application for a leave of absence without pay, benefits, and seniority accumulation for the period of the first term of active service in such elective office, or during the time preceding elections in order to campaign for such office. An extension of such a leave of absence for service in elective public office may be granted by the University upon written application by the employee. Seniority shall not accumulate during such a leave.
10.2.7.2 Such request must be made no less than thirty (30) days in advance in writing to the Director of Human Resources. Exceptions may be made when it is not possible for such advance notice to be given.
10.3.1 All leaves of absence must be approved by the administrative head and cleared through the Human Resources Department.
10.3.2 Application for extension of leaves of absence must be made prior to expiration of leave.
10.3.3 Except as provided under Section 10.2.1, Illness or Disability Leave, and Section 10.2.4, Seasonal Leave, the employee must contact the Human Resources Department regarding maintaining payments for hospitalization, dental, optical, and life insurance during the leave period. However, those employees on seasonal leave or illness or disability leave who carry supplemental life insurance must contact the Human Resources Department regarding maintaining payments.
10.3.4 The employee will not receive pay for the holidays falling within the leave of absence except as provided under Section 10.2.4.6, Seasonal Leave.
10.3.5 The employee will not accrue annual leave while on a leave of absence.
10.3.6 Seniority of employees shall not continue during leaves of this provision except as provided under Section 10.2.4.5.
10.4 Return to Active Employment
10.4.1 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 the employee to active employment.
10.4.2 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.
10.4.3 The assignment upon return from an Illness or Disability Leave, Personal Leave, Educational Leave, Mandatory Sick Leave, and Political Activity Leave will be dependent upon the jobs available within the same classification. If it is not possible to assign work to the employee immediately upon return from leaves specified in this Section, the employee will be granted an extended leave for a maximum of one (1) month, during which time the Human Resources Department will make a concerted effort to find employment for the employee. If the employee is not returned to work during this one (1) month period, the employee will have the right to displace an employee with the least seniority in the same classification, based on the ability to perform the work available. Seniority of employees shall not be credited during leaves of this provision.
10.4.4 If an employee is required to extend a leave of absence because no vacancies exist at the time the employee requests reinstatement, the employee may accept temporary employment outside the University without loss of seniority. If the employee does not return to the University when a vacancy exists, or at the end of the extended leave, the employee's employment shall be terminated.
11.1 Holidays and Seasonal Bonus Days
11.1.1 The following holidays will be observed on the calendar day on which each falls, except that a holiday that falls on a Sunday will be observed on the following Monday and a holiday that falls on a Saturday will 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
11.1.2 If an employee is required to work on 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 Easter Sunday.
11.1.3 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.
11.1.4 Time and one-half will be paid for all time worked on a designated holiday. 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 holiday pay in addition to the time and one-half for the time worked.
11.1.5 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.
11.1.5.1 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.
11.1.6 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.
11.1.7 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 seasonal bonus day unless the absence is approved compensatory leave or excused by the employee's immediate supervisor prior to the day of absence. However, if an employee is laid off for the period between the end of fall semester and the beginning of winter semester or spring break because of lack of work, the employee will receive the same holiday pay given the rest of the employees.
11.1.8 Part-time employees as defined in Article 1 will be entitled to holiday pay and seasonal bonus day pay proportionate to the time actually worked. Temporary employees as defined in Article 7 and employees who regularly work less than twenty (20) hours per week will not qualify for any of these benefits.
11.1.9 If an employee terminates employment, the employee will not receive pay for holidays or seasonal bonus days occurring after the employee's last day worked even though the holidays or seasonal bonus days may fall within the period of the employee's projected vacation leave payment, nor may the employee accrue annual leave.
11.1.10 No holidays or seasonal bonus days will be "cashed out."
11.1.11 “Floating” seasonal bonus days may be utilized in increments of one (1) hour.
11.2.1 Full-time, twelve (12)-month employees will accrue annual leave according to the following schedule:
| Years of Continuous Service at NMU |
Annual Accrual Rate |
Maximum Accrual | |||
|
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) | |
11.2.2 Less than twelve (12)-month employees will accrue annual leave at the same accrual rate during the specified period of their employment.
11.2.3 Those employees who are assigned to work at least twenty (20) hours per week but less than forty (40) hours per week as defined in Article 1 will be entitled to annual leave proportionate to the time actually worked. Temporary employees as defined in Article 7 and employees who regularly work less than twenty (20) hours per week will not qualify for this benefit.
11.2.4 An employee must be compensated for forty (40) hours of the pay period in order to accrue annual leave.
11.2.5 Annual leave may be taken by an employee after completion of three (3) months of employment. In exceptional cases, permission may be granted by the employee's supervisor and the Director of Human Resources to take annual leave during the first three (3) months of employment.
11.2.6 All leave must be taken at the mutual convenience of the employee and the University at a time approved by the department or division head, with the provision that an employee with the greater bargaining unit seniority will be given priority consideration for the employee's original request of vacation dates. Minimum period of leave is one (1) hour.
11.2.7 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.
11.2.8 When a holiday or seasonal bonus day is observed by the University during the time that annual leave is being taken, no annual leave will be charged for the holiday or seasonal bonus day.
11.2.9 Clerical/Technical positions financed by grants will be governed by the grant provisions set forth under this Section 11.2. Every effort will be made by the University to negotiate grant provisions consistent with University policy.
11.2.10 In the event of an employee's termination, resignation, or retirement, the employee will receive payment of annual leave accrued under this Section. In case of the employee's death, payment will be made to the beneficiary designated on the Authorization to Disburse Earnings and Allowances form on file in the Human Resources Department, if any, or the estate of the deceased employee.
11.2.11 Longevity. All employees who in 1974 elected longevity benefits in lieu of increased annual leave may continue said election for the duration of this Agreement. Such employees will receive in lieu of the annual leave provided herein, fifteen (15) days per year for one (1) through eight (8) years of service, and eighteen (18) days per year for over eight (8) years of service, with longevity benefits after six (6) years of continuous service as specified in the "Clerical/Technical Handbook" in effect on June 17, 1974.
11.3 Hospitalization and Medical Program
11.3.1 The Board will, during the life of the Agreement, maintain and contribute to the cost for the current 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 Board's and the administrators' regulations. The Board's contribution to the health program for each bargaining unit member participating will be as follows:
2005-2006 average cost up to $8,675
2006-2007 average cost up to $9,195
2007-2008 average cost up to $9,747
11.3.2 If the average cost is less than the amounts above, the difference will be considered savings and accrue to the benefit of the employees. The total savings will be computed based on the average number of employees covered during the health plan year. Within thirty (30) days after the Board has computed the savings, the bargaining unit will notify the Board as to the method of distribution. The method of distribution cannot include an increase in base salaries since the savings is a one-time savings.
11.3.3 Any average cost among all covered employees exceeding the amount specified in 2005-2006 will be paid by the employees up to a maximum of $1,000. Any costs in excess of the maximum employee contribution will be covered by the Employer.
11.3.4 Any average cost among all covered employees exceeding the amount specified in 2006-2007 will be paid by the employees up to a maximum of $1,100. Any costs in excess of the maximum employee contribution will be covered by the Employer.
11.3.5 Any average cost among all covered employees exceeding the amount specified in 2007-2008 will be paid by the employees up to a maximum of $1,200. Any costs in excess of the maximum employee contribution will be covered by the Employer.
11.3.6 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.
11.3.7 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.
11.3.8 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.
11.4 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.
11.4.1 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.
11.4.2 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.
11.5 Prescription Drug Program
11.5.1 The Employer 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
11.6.1 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.
11.6.2 Required payroll deductions will be deducted in advance for coverage for the following month.
11.6.3 The Plan must maintain the level of participation of the employees on roll as determined by the carrier.
11.7.1 The Employer will contribute the full cost per bargaining unit member of a single plan illustrative premium for 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.
11.7.2 Required payroll deductions will be deducted in advance for coverage for the following month.
11.7.3 The Plan must maintain the level of participation of the employees on roll as determined by the carrier.
11.8.1 Full-time employees shall be eligible for up to two hundred forty (240) hours of sick leave with pay per fiscal year. Employees may use sick leave after they have completed two (2) biweekly pay periods.
11.8.1.1 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.
11.8.2 Those employees who work at least twenty (20) hours per week 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 7 and employees who regularly work less than twenty (20) hours per week will not qualify for this benefit.
11.8.3 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 public health 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 nonduty hours.
11.8.4 If an employee is in a period of continuing sick leave utilization at the change of fiscal years, the employee, upon their return to active employment, will be required to requalify for sick leave by working a period of twenty (20) consecutive work days.
11.8.5 Employees who are not eligible for short-term disability and who have exhausted their sick leave and are still unable to return to work shall exhaust any unused annual leave and unused personal leave hours.
11.8.5.1 Employees who have exhausted their sick leave, their unused personal leave hours, 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 Section 10.2.1.
11.8.6 An employee using sick leave during a period that includes a scheduled holiday will be paid for the holiday but will not be charged a day of sick leave.
11.8.7 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 the employee's home, the employee and the employee's department or division head may arrange for notification at appropriate intervals.
11.8.7.1 Absences of four (4) or more consecutive work days require that the employee submit a satisfactory physician's statement on the authorized form to the Director of Human Resources. Failure to provide a satisfactory physician's statement in a timely manner will result in lost time.
11.8.7.2 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 medical condition to the Director of Human Resources who shall be responsible for verifying absence due to illness or disability.
11.8.7.3 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.
11.8.8 All payments for sick leave shall be made at the employee's current rate of pay.
11.8.9 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.)
11.9.1 An employee who suffers injury compensable under the Workers' Compensation Act and who 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.
11.9.2 Employees who have been disabled for six (6) consecutive months and are unable to return to work shall, if eligible, apply for long-term disability benefits as specified in Section 11.11.
11.10.1 When all sick leave has 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 disability benefits proportionate to their regular appointment period as follows:
11.10.1.1 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 and personal leave hours to make up the difference between the seventy-five percent (75%) short-term disability payment and full salary.
11.10.1.1.1 If a holiday or seasonal bonus day occurs while the employee is receiving short-term disability benefits and the employee has an annual or personal leave balance, the employee will be paid seventy-five percent (75%) short-term disability and holiday or seasonal bonus pay will be used to make up the difference between the seventy-five percent (75%) short-term disability payment and full salary.
11.10.1.1.2 If a holiday or seasonal bonus day occurs while the employee is receiving short-term disability benefits and the employee has exhausted all of their annual or personal leave, the employee will be paid seventy-five percent (75%) short-term disability and will not receive holiday or seasonal bonus pay for the difference.
11.10.1.2 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.
11.10.1.3 An employee shall continue to accrue annual leave while using sick leave.
11.10.1.4 Once sick leave has been exhausted and the employee is placed on short-term disability, the employee shall cease to earn annual leave.
11.10.1.5 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) 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.
11.10.2 Full-time regular employees who are employed on less than a twelve (12)-month basis shall receive benefits provided under this policy apportioned on the basis of the months worked.
11.10.3 Employees who are not eligible under the Long-Term Disability Insurance Program will be paid at their regular salary rate until their sick leave, personal leave hours, and annual leave have been exhausted. When these benefits have been exhausted, all payments will terminate. Employees may be eligible for an unpaid illness/disability leave as specified in Section 10.2.1.
11.11 Long-Term Disability Insurance
11.11.1 The University will pay the full cost of a Long-Term Disability Insurance Program.
11.11.2 The current 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. The Employer will notify the Union in the event the carrier is changed.
11.11.3 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 your family.
11.11.3.1 Physician is defined as a physician legally licensed to practice medicine and/or surgery.
11.11.4 Employees who receive benefits under the Long-Term Disability Program will be considered to be on an illness/disability leave as specified in Section 10.2.1 to a maximum of two (2) calendar years at which time employment shall terminate.
11.12.1 Each fiscal year, full-time employees shall be eligible for up to eighty (80) hours of paid family care leave for absences required due to the confining illness or injury to members of the immediate family (spouse or designated individual, children and 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.
11.12.2 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.
11.12.3 Once an employee exhausts family care leave, additional time required for the care of a family member must be taken as personal leave hours, 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.
11.12.4 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).
11.12.5 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 11.12.1. 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.
11.12.6 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 paid family care leave 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 [75%] of base wages.) Temporary employees as defined in Article 7 and employees who regularly work less than twenty (20) hours per week will not qualify for this benefit.
11.12.4 New employees hired on or after January 1 of the then current fiscal year shall be eligible for up to twenty (20) hours of family care leave during the fiscal year in accordance with Section 11.12.1.
11.13.1 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 $1,000), with an accidental death and dismemberment rider, for all employees who complete the necessary forms for this coverage within thirty (30) days of obtaining employment.
11.13.2 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.
11.13.3 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.
11.14 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.
11.15.1 All employees first hired prior to January 1, 1996 are covered under the terms and provisions of the Michigan Public School Employees Retirement System and, therefore, are subject to the rules, regulations, and retirement provisions of the Michigan Public School Employees Retirement System.
11.15.2 Employees first hired January 1, 1996 or later who are scheduled to work at least twenty (20) hours per week and complete the necessary applications within ninety (90) days of their date of hire will be members of Teachers Insurance and Annuity Association-College Retirement Equities Fund (TIAA-CREF). Employer contribution to TIAA-CREF will be twelve and one-half percent (12.5%). Employees regularly scheduled to work less than twenty (20) hours per week will not have retirement contributions made on their behalf by the Employer.
11.15.3.1 To be considered a retiree and eligible for retirement benefits and privileges as a retiree of Northern Michigan University, regardless of the retirement program in which an employee participates, the total of an employee's age and years of service at Northern Michigan University must equal or be greater than seventy (70) as of the retirement effective date and the employee must have a minimum of ten (10) years of full-time service with the University.
11.16.1 All employees, their spouses, and dependents as defined by the I.R.S. shall 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.
11.17 Tuition Scholarship Program
11.17.1 Tuition scholarships will be awarded to employees, spouses, and dependent children, as defined by the Internal Revenue Service, on a space available basis.
11.17.2 Employees, spouses, and dependent children, as defined by the Internal Revenue Service, shall be allowed to take an unlimited number of credit hours per semester.
11.17.3 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.
11.17.4 In the event of death of 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 when they become eligible for enrollment at NMU and as long as they continue to meet the I.R.S. definition, may participate in the Program until they complete their course of study.
11.17.5 In the event of an employee's death, the surviving spouse, as long as he/she does not remarry, and dependent children, as long as they continue to meet the I.R.S. definition, who are participating in the Tuition Scholarship Program as specified in Sections 11.17.1 and 11.17.2 at the time of the employee's death may continue in the Program until completion.
11.17.6 Those who participate in this Program are not eligible to receive additional University-funded scholarships or grants.
11.17.7 No employee on a leave of absence (except those receiving long-term disability benefits) or their spouse or dependent children shall receive such a scholarship unless it is approved by the Director of Human Resources prior to the commencement of such leave.
11.18.1 All employees may acquire a single Recreation Membership for themselves, free of charge, by completing the annual application process. 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 employees.
11.19 Dependent Care Assistance Program (DCAP)
11.19.1 The Employer agrees to offer an employee-paid Dependent Care Assistance Program to all full-time bargaining unit members.
11.20 Flexible Spending Accounts
11.20.1 The Employer will establish flexible spending accounts and premium conversion plans for health, dental, and optical expenditures for insurance premiums and deductibles as allowable by law.
11.21.1 The University 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.