2,673: Sick, Family Sick, Child-Rearing, and Family Medical Leave

Revised: July 2015

General Provisions:

Sick leave is accrued for the first half of the month (granted on the 15th day) and the additional day is accrued for the second half of the month (granted on the last day of the month). Leave may not be taken until it is granted. Prorated leave is earned for partial months of service.

Sick Leave: Full-time Faculty Leave Accrual and Usage

Full-time academic and administrative faculty members on "A" or "B" contracts are granted sick leave up to 30 working days at full salary, available at any time during the initial 12 months of service Sick leave for full-time faculty is used in increments of a half-day or a full-day (see BOR Title 4, Chapter 3, Section 19). Any sick leave and personal time away from work duties must be approved by the faculty member's supervisor. If a period shorter than one-half work day is requested/used, the supervisor can require a half-day increment of sick leave be requested and deducted from the leave balance. Beginning one year after the starting date of the initial contract, each full-time faculty member begins to accrue additional sick leave at the rate of two days for each full month of paid service, to be added to any remaining balance of unused sick leave from the first 12 months of service. Sick leave may be accrued from year to year, not to exceed 96 working days as of the first day of each fiscal year, and any sick leave in excess of 96 days is forfeited on that date. Paid sick leave shall not be granted in excess of sick leave earned except if approved as extended salaried sick leave.

Faculty members shall not be paid for any unused sick leave upon termination of employment. Sick leave may be taken for personal illness, disability, medical, optometric, or dental service or examinations, child-bearing or temporary disability upon the approval of the appointing authority. For absences of more than three consecutive days or if abuse is suspected, the appointing authority may require a faculty member to provide medical certification.

Sick Leave: Part-time (.50-.99) Faculty Sick Leave Accrual and Usage:

Part-time academic and administrative faculty members on "A" or "B" contracts are granted a pro rata amount of sick leave for each calendar month worked.

Sick leave for faculty members who are less than 1.0 FTE (part-time) or who work a variable schedule, is converted from days to hours for accrual, tracking and usage. This policy and procedure explains how to calculate and charge leave for part-time faculty. Because many part-time faculty work varied schedules (different hours on different days) the length of the work day varies. This policy provides a standard method that must be used consistently across the institution.

Faculty who are part-time must have an established work schedule.

To calculate leave accrual for part-time faculty:

Part-time Faculty Leave calculation:
(16 hrs x FTE = Accrual [in hours])
(16 x .60 = 9.6 hours earned per month of annual and sick leave).

The leave calculation should only be carried to one decimal place.

When sick leave is taken, it must be reported and deducted on an hour for hour basis.

Part-time Faculty Leave Accrual Maximums:

The maximum leave accrual for part-time faculty will be prorated based on the faculty member's FTE. The prorating will be based on the maximums for full-time faculty members.

The formula for the prorating is as follows:

Sick Leave: Part-time Faculty Maximum Leave calculation:
(96 days x FTE x 8 hrs = maximum accrual [in hours])
(96 days x .60 x 8 hrs = 460.8 maximum accrual [in hours])

If a faculty member is using leave, with or without pay, in a manner, which would qualify as FMLA, the appointing authority shall designate the leave as FMLA and shall provide written notice to the employee detailing the use of FMLA.

Family Sick Leave:

Up to 15 days of earned sick leave per contract year may be used by faculty to care for or assist family members, in-laws, or step relatives within the third degree of consanguinity or relationship, or members of the faculty member's household.

Relationships within the third degree of consanguinity or affinity are defined as:

  1. The employee's spouse, child, parent, sibling, half-sibling, or step-relatives in the same relationship;
  2. The spouse of the employee's child, parent, sibling, half-sibling, or step-relative;
  3. The employee's in-laws, aunt, uncle, niece, nephew, grandparent, grandchild or first cousin.

Family sick leave may be used for the following events: illness, injury, or medical, optometric or dental service or examinations. Requests for additional use beyond the - 15 days may be made in writing to the appointing authority. Approval is at the discretion of the appointing authority. The 15 day limit does not apply if the leave is approved under FMLA.

Family Death:

Faculty may take up to 10 working days of earned sick leave in the event of the death of a person listed in the paragraph above. Requests for use of additional leave beyond the 10 days may be made in writing to the appointing authority. Approval is at the discretion of the appointing authority.

Family and Medical Leave Act:

A faculty member who qualifies under the Family and Medical Leave Act of 1993 (FMLA) is entitled to a total of 12 workweeks of leave during a "rolling" 12-month period. The period is measured backward from the date an employee uses any qualifying Family and Medical leave. To qualify, a faculty member must have been employed by the NSHE for at least 12 months and have been in paid status for a minimum of 60% FTE averaged over the 12-month period preceding the leave. While in FMLA status, all available paid annual and sick leave must be used before leave without pay. A faculty member may use FMLA leave for the birth of a child, and to care for the newborn child; for placement of a child with the faculty member for adoption or foster care; to care for the faculty member's spouse, parent or child with a serious health condition; or because the faculty member is unable to perform one or more of the essential functions of his/her job due to of a serious health condition. If a faculty member must take unpaid leave under FMLA, the employer is required to maintain the faculty member's health insurance coverage for the timeframe represented by the FMLA leave.

Child Rearing Leave:

Additional unpaid leave directly related to the birth, placement of a child with the faculty member for adoption or foster care, or child-rearing of a child who is a member of the employee's household shall be granted to either parent, upon request and approval by the president, up to a maximum of one year. During unpaid leave the University will not maintain the faculty's health insurance coverage, unless the unpaid leave is approved under the FMLA. The University guarantees that the faculty member will return to his or her original position, or if the original position no longer exists, to a comparable position, without loss of seniority or other benefits.

Extended Salaried Sick Leave:

After 12 continuous months employment, where a physician certifies that a faculty member is unable to resume duties after exhausting all accumulated sick and annual leave, the faculty member may petition for, and may be granted with the approval of the president, extended salaried sick leave. Approval may be given only if the funding source permits payment of extended salaried sick leave. Anyone not on state funds must get approval from the funding source before seeking approval from the president. Up to three calendar months of extended salaried sick leave may be granted to faculty members continuously employed for more than 12 months and up to 24 months; up to six calendar months may be granted to employees continuously employed for more than 24 months and up to 36 months; and up to 12 calendar months, for a period not to exceed one year plus one calendar month for each full 12-month year of employment with the NSHE, may be granted to faculty members continuously employed for more than 36 months. Extended salaried sick leave applies to all months in which the faculty member receives compensation - a "B" contract faculty member earns compensation in each month of the year and thus is considered to be employed for 12 calendar months per year under this policy. An eligible employee may initially request less extended salaried sick leave than authorized under this policy, or may be granted less than the maximum amount of time authorized. The lifetime maximum, which may be granted to an employee, is 12 calendar months plus one calendar month for each full 12-month year of employment with the NSHE. During extended salaried sick leave, no annual or sick leave shall be earned. If, at the end of the extension period, a physician certifies that the professional staff member is still unable to resume duties, appointment shall be terminated. Where employment shall be terminated under these circumstances, the provisions of Title 2 of the Board of Regents Handbook shall not apply.

Unpaid Sick Leave:

If a faculty member has been employed for less than 12 consecutive months, and has exhausted all accumulated annual and paid sick leave, the president may approve an employee request for unpaid sick leave not to exceed three months. If the employee is unable to return to work after this unpaid leave, the appointment shall be terminated (Board of Regents Handbook Title 2, Chapter 5, Section 5.10). If employment is terminated under these circumstances, the provisions of Title 2, Chapter 6, of the Board of Regents Handbook do not apply.

See the Board of Regents Handbook (Title 4, Chapter 3, Section 19) for additional detail.