Faculty Manual – Section F
SECTION F. LEAVE POLICIES
F.3.1.1 Annual Leave Accrual
F.3.1.2 Accrual Limitations
F.3.1.3 Scheduling and Usage
F.3.1.4 Payment for Accrued Annual Leave Upon Separation from Employment
F.3.1.5 Transfer of Earned Annual Leave with Transfer of Employee Between Departments
F.3.1.6 Leave Policy in Conversion of Faculty Members and Administrative Professionals from Twelve (12) Month to Nine (9) Month Status
F.3.4.1 Conditions and Procedures for Granting Sabbatical Leave
F.3.4.2 College Criteria for Granting Sabbatical Leaves
F.3.4.3 Sabbatical Leave as a Legitimate Expectation
F.3.4.4 Sabbatical Report
F.3.4.5 Sabbatical Records
F.3.6.1 Annual Military Leave
F.3.6.2 Extended Active Duty
F.3.6.3 Application for Military Leave
F.3.6.4 Reemployment after Military Service and Eligibility for Reinstatement or Reemployment
F.3.6.5 Accrued Status and Benefits
F.3.7 Administrative Leave
F.3.8 Leave for Civilian Employment
F.3.9 Leave for Government Assignment
F.3.10 Leave for Jury Duty
F.3.11 Leave as Expert Witness
F.3.12 Injury Leave
F.3.13 Leave Without Pay
F.3.14 Special Leave
F.3.15 University Closure
F.3.16 Parental Leave
F.3.17 Catastrophic Circumstances Leave
A long standing Board regulation forbids unauthorized absence of employees from the campus. It is the responsibility of the department head to authorize absences of faculty members and administrative professionals for legitimate purposes and to have available at their offices at all times information on the whereabouts of absent employees, that they may be reached in event of administrative necessity or family emergency. Each individual is responsible for notifying their administrative superior of any absence.
Application for leave, the granting of which will require the University to obtain a replacement, shall be submitted at least ninety (90) days prior to the date on which leave is expected to begin. A faculty member or administrative professional whose application for leave is approved to permit temporary employment outside the University shall be responsible for informing the temporary employer that such employment is on the basis of leave granted by the University.
Department heads are responsible for maintaining records relating to all types of leaves of absence for personnel in their department. Reports of absences due to earned annual and sick leave must be submitted to the Director of Human Resource Services for all employees involved.
Full-time faculty members on twelve (12) month tenured, tenure-track, contract, or continuing appointments, and administrative professionals on regular or special twelve (12) month appointments earn annual leave at the rate of two (2) days per month.
Faculty members on twelve (12) month tenured, tenure-track, contract, or continuing appointments, and administrative professionals on regular or special twelve (12) month appointments of less than full-time but at least half-time (0.5) earn annual leave prorated by the part time fraction of their appointment. The accrual is rounded to the nearest 1/100 of an hour.
Employees who begin work after the first of a month or who terminate before the end of a month earn annual leave on a prorated basis as described in Section 2 or the Human Resources Manual.
Faculty members and administrative professionals on nine (9) month appointments do not accrue annual leave. These individuals may, however, be granted leave on a limited basis throughout the academic year to include the interim term between semesters. Determination of this privilege shall be made by the department head.
No annual leave is earned by employees working less than half-time (0.5), employed on an hourly basis, or on temporary appointments. Postdoctoral fellows and graduate assistants are considered temporary employees.
Annual leave does not accrue during leave without pay nor during sabbatical leave. Annual leave earned during periods of paid leave (annual, sick, injury, etc.) is not credited to the employee until the employee returns to work.
If an employee with accrued annual leave changes to an employment status that is less than half-time (0.5), without a break in service, the employee shall retain all accrued annual leave and the ability to use this annual leave for a period of one (1) year, provided the employee remains employed by the University. If the employee changes to a status that is again eligible to earn annual leave within the one (1) year period and without having the employee’s employment with the University terminated, then the accrued annual leave shall continue to be available for use by the employee.
The maximum accrual of annual leave is forty-eight (48) days. As of January 1, 1981, employees continue to accrue leave during the year even though they have reached the forty-eight (48) day limit. Days accumulated in excess of the forty-eight (48) day limit are forfeited on July 1 of each year.
Scheduling annual leave is a responsibility of department heads. Annual leave should be so scheduled as to least interfere with effective operations of the offices concerned, but desires of employees should be considered.
When a faculty member or administrative professional who has been an employee of the University for at least six (6) months ceases to be employed by the University, the employee shall be paid for their accrued annual leave up to the maximum number of days specified below and in accordance with the formulas given below. In the case of the death of an employee, the payment shall be made to the estate of the deceased.
In the case of death, the maximum number of days for payment of accrued annual leave is twenty-four (24). For all other types of separation, including, but not limited to, retirement, resignation, and termination, the maximum number of days is twenty-four (24) minus the number of days of annual leave taken during the thirty (30) working days immediately prior to the date of separation from employment. In exceptional circumstances, the Vice President for University Operations has the authority to reduce or eliminate this deduction due to leave taken immediately prior to separation.
The computation of the annual leave termination payment is made using the following formulas:
(Monthly Salary Rate / 173 Hours) X 8 Hours = Daily Salary Rate
Daily Salary Rate X unused days of annual leave (up to the maximum specified above) = annual leave termination payment.
If an eligible employee is transferred from one (1) department to another within the University, the employee’s accrued annual leave shall follow the employee to the receiving department.
If a twelve (12) month faculty member or administrative professional has accrued annual leave at the time of conversion to a nine (9) month appointment, such leave shall be taken prior to assuming the nine (9) month appointment. In specific cases, accrued leave may be taken the academic year following conversion to a nine (9) month appointment with the approval of the responsible vice president. Cash payment for accrued leave at time of conversion is not authorized at that time or subsequently.
One (1) day of sick leave is considered to be eight (8) hours of sick leave. The accrual of sick leave is rounded to the nearest 1/100 of an hour. No sick leave is earned by employees working less than half-time (0.5) or employed on an hourly basis. Graduate assistants do not earn sick leave.
If an employee with accrued sick leave changes to an employment status that is less than half-time (0.5), without a break in service, the employee shall retain their accrued sick leave and the ability to use this sick leave for a period of one (1) year, provided the employee remains employed by the University. If the employee changes to a status that is again eligible to earn sick leave within the one (1) year period and without having their employment with the University terminated, then the accrued sick leave shall continue to be available for use by the employee. No sick leave is earned during the period in which the appointment is less than half-time.
Faculty and Administrative Professionals
Full-time faculty members and administrative professionals on twelve (12) month appointments earn one and one-quarter (1.25) days of sick leave per month, cumulative with no maximum.
Employees who begin work after the first of a month or who terminate before the end of a month earn sick leave on a prorated basis as described in Section 2 of the Human Resources Manual.
Full-time faculty members and administrative professionals on nine (9) month appointments earn one and one-quarter (1.25) days of sick leave per month, cumulative with no maximum. Full-time nine (9) month faculty members and administrative professionals who accept summer session appointments accumulate sick leave at the rate of one and one-quarter days (1.25) per month while on such appointment.
Faculty members and administrative professionals appointed less than full-time, but at least half-time (0.5) earn sick leave prorated by the part time fraction of their appointment.
At the time of initial employment, the employee shall receive an amount of sick leave equal to that which they are expected to earn during their first year of employment (as described above). This initial year of sick leave is an “advance” and is granted in lieu of monthly sick leave accruals during the first year of benefits eligible employment. Sick leave does not accrue during leave without pay nor during sabbatical leave. Sick leave accrued during periods of paid leave (annual, sick, injury, etc.) is not credited to the employee until the employee returns to work.
Post-doctoral Fellows, Veterinary Interns, and Clinical Psychology Interns
Post-doctoral fellows, veterinary interns, and clinical psychology interns on full-time nine (9) months or twelve (12) month appointments earn one and one-quarter (1.25) days of sick leave per month.
Post-doctoral fellows, veterinary interns, and clinical psychology interns with appointments of less than full-time, but at least half-time (0.5), earn sick leave each fiscal year prorated by the part time fraction of their appointment. Sick leave accrues and expires each fiscal year.
At the time of initial appointment, and at the beginning of each subsequent fiscal year, post-doctoral fellows, veterinary interns, and clinical psychology interns shall receive an amount of sick leave equal to that which they are expected to earn during a fiscal year (as described above). Unused sick leave does not carry forward into the next fiscal year.
A faculty members or administrative professional may use accrued sick leave for treatment of and convalescence from their own illness or injury. Illness includes treatment for alcoholism and drug addiction. In cases of extended sick leave absence as defined in the Human Resources Manual, the faculty member or administrative professional will be required to furnish a physician’s statement establishing the need for and duration of absence from work. Sick leave may be used for medical and dental appointments, including routine exams and checkups.
A faculty member or administrative professional may use up to four hundred eighty (480) hours per fiscal year of their accrued sick leave for the following purposes:
a. Illness or medical treatment of the employee’s spouse, domestic partner, civil union partner, parent, or child (as those terms are defined in Appendix 3) or an individual for whom the employee has responsibility to provide care. In addition, an employee will be presumed to have a responsibility to provide care for a serious medical condition of the employee’s adult child, sibling, grandparent, or in-law (sibling, parent or grandparent of the employee’s spouse, domestic partner or civil union partner) if the employee submits a request for leave stating that the leave is necessary for such reasons.
b. To provide care for a newborn son or daughter or for a child newly placed for adoption with the employee, in accordance with the Parental Leave and Catastrophic Circumstances Leave Policy and in accordance with the Family Medical Leave Policy (FML). The child need not be ill for use of sick leave in this instance.
Upon retirement from the University after at least five (5) years of service, employees are paid for one-fourth (1/4) of unused sick leave up to a maximum of fifteen (15) days according to the following formulas:
(Monthly Salary Rate/173 Hours) X 8 Hours = Daily Salary Rate X [the lesser of fifteen (15) days or 0.25 X unused days of sick leave] = sick leave upon retirement.
In the case of death of an employee who is eligible for retirement from the University, this payment shall be made to the estate of the deceased. A lump sum payment for unused sick leave at retirement or death is not subject to a Public Employees’ Retirement Association (PERA) contribution or an employee’s DCP contribution, but it may be subject to applicable taxes.
If an eligible employee is transferred from one (1) department to another within the University, the employee’s accrued sick leave shall follow the employee to the receiving department.
The Family Medical Leave Policy is designed to comply with the provisions of the Family Medical Leave Act of 1993 (FMLA), later amendments to this Act, and applicable implementing regulations. This policy, including the application to different employee types, is found in Appendix 3.
The University offers tenured faculty members the possibility of sabbatical leaves. According to state statute, a faculty member may not take sabbatical leave more often than once every seven (7) years. According to University policy, a faculty member does not become eligible for sabbatical leave until the accumulation of six (6) years of service as a tenured or tenure-track faculty member at Colorado State University since the faculty member’s initial appointment or most recent sabbatical leave. A faculty member in a tenure-track position may apply for sabbatical leave prior to being granted tenure, and such leave may be granted subject to the condition that the faculty member receive tenure prior to beginning the sabbatical leave. However, a faculty member must have tenure in order to take sabbatical leave.
a. The faculty member seeking sabbatical leave shall follow the procedures established by their academic unit. College deans or the Dean of Libraries, shall forward to the Provost, the names of faculty members recommended for sabbatical leave along with a detailed sabbatical plan. The detailed plan shall specify how the sabbatical will result in the faculty member’s professional growth, enhance the institution’s reputation and the students’ educational experience at the institution, and increase the overall level of knowledge in the faculty member’s area of expertise.
b. Administrative members of the faculty are not eligible for sabbatical leaves. Department heads shall be eligible for sabbatical leaves.
c. Absence is to be for not more than two (2) academic semesters in cases of faculty members on nine (9) month appointments, and for not more than one (1) calendar year in cases of faculty on twelve (12) month appointments.
d. A faculty member may elect to take their sabbatical leave in two (2) or more different time periods, instead of all at once, providing that the faculty member is able to show that this is a more beneficial arrangement for their professional development and for the needs of their department. The total of such time periods with full pay shall not exceed one-half (0.5) of the term of the faculty member’s annual appointment, whether it be nine (9) or twelve (12) months, and each grant of such total time for leave shall be made only after six (6) years of previous full-time employment.
e. The salary of a faculty member while on sabbatical leave shall be either one-half (0.5) their base salary for one (1) year nine (9) or twelve (12) month appointments) or full salary for one (1) semester for nine (9) month employees or full salary for six (6) months for twelve (12) month employees (except as provided in item “j” listed below). The base salary shall be the salary scheduled for the year of the semester in which the leave is taken. A faculty member who participates in PERA and is on half-pay (0.5) will receive service credit towards PERA to the extent provided for in PERA’s statutes and policies. A faculty member who participates in the Defined Contribution Plan (DCP) will receive continued contributions during sabbatical leave in accordance with the DCP plan description. Faculty members on sabbatical leave are eligible for all benefits.
f. As a prior condition to the granting of sabbatical leave, the faculty member must agree in writing that upon expiration of leave the faculty member will return to their employment with the University for at least one (1) year (two (2) semesters for nine (9) month employees), and, if the individual fails to conform to the requirement, the faculty member will refund to the Board in full the salary and such other fringe benefits the University has paid in the individual’s behalf during their leave as a prior condition of the faculty member’s release from the agreement.
g. Absence must be planned to permit conduct of work of the department or section with least inconvenience and least additional expense during the faculty member’s absence. If more than one (1) member from the same department or section desires leave at the same time and absence of two (2) members would constitute a hardship to the department or section, either by handicapping the work or by causing too great additional expense, priority for leave shall be given to the faculty member longest employed by the University on a continuous tenured appointment since any such type of leave.
h. The accumulation of service for sabbatical leave is limited to six (6) years. Periods of temporary employment do not count toward the accumulation for service for sabbatical leave.
i. During sabbatical leave, faculty members are permitted to accept part-time employment from an employer other than Colorado State University when that employment is directly related to objectives of their leave. There is no limit on the amount of remuneration which may be received for such employment. Any part-time employment of a faculty member on leave shall be in the professional field of work of the faculty member and shall be approved by the department head, dean, and Provost prior to the leave.
j. With the approval of the Office of Sponsored Programs, faculty members on sabbatical leaves are permitted to accept additional salary compensation from grants and/or contracts administered by Colorado State University, as long as the total compensation from all University sources, including contracts and grants, does not exceed the full-time base salary during the period of their sabbatical leave. This additional salary, including cost of fringe benefits, must be fully funded by the grants and/or contracts.
k. Sabbatical leave is not granted for the purpose of taking substantially full-time employment in another assignment regardless of how closely related such employment may be to the technical field of the faculty member. Special leave without pay is intended to be used in such cases. This limitation does not extend to employment as faculty assistant or fellows or the equivalent by faculty members whose sabbatical leave is authorized for the purpose of study toward a higher degree.
l. Requests for sabbatical leaves to commence within any fiscal year shall be submitted in the preceding fiscal year through the department head and dean to the Office of the Provost. The submission deadline shall allow faculty members at least thirty (30) days following the beginning of the fall appointment period to prepare their requests. The submission deadline may be extended when there are extenuating circumstances.
m. Normally, time spent on leave does not count toward the accumulation of service for sabbatical leave. However, in special cases, time spent on non-sabbatical leave may count toward the accumulation of service for sabbatical leave. This requires that the details and rationale regarding the accumulation of service be stated in writing in the request for non-sabbatical leave, and that they be approved in writing by the Provost prior to the beginning of the non-sabbatical leave.
n. The faculty member on sabbatical leave is on University business, and shall be eligible for promotion and salary raises while on leave.
o. Sabbatical leaves may be spent at any location.
College criteria for the granting of sabbatical leaves shall be stated in writing, be made readily available to all faculty members in the college, be consistent with policies respecting sabbatical leaves in theManual, and be complete (i.e., no criteria shall be utilized on a regular basis which are not stated in writing and communicated to the faculty of the college).
College criteria shall promote opportunities for faculty members to take sabbatical leaves. Faculty members whose sabbatical requests are denied shall receive a personal written statement of reasons for the denial and shall have the right of appeal through the standard grievance procedures of their college and the University.
Deans of colleges shall act as coordinators for administration of this policy in order to prevent any situation which might impair efficiency of a department. The maximum number of faculty members to be awarded sabbatical leaves each year shall be determined by the fiscal resources of the University for the year in question.
While sabbatical leaves shall not be construed as a mandatory right of any faculty member, they can be considered as a legitimate expectation, providing that the faculty member satisfies the criteria of the faculty member’s college and of the University for the granting of such leaves. Such leaves are intended to benefit the University by increasing the experience level or academic achievement of the faculty member participating.
Upon completion of the sabbatical leave, the faculty member shall submit a final sabbatical report to the department head, who shall forward it to the dean and the Provost for review and submission to the Board. The report shall include a summary of the faculty member’s activities while on sabbatical and the benefits derived by the faculty member from the sabbatical activity. Such reports need not include specific details of the research performed by the faculty member. Final sabbatical reports must be submitted to the office of the institution’s chief academic officer within three (3) months of the completion of the leave. Sabbatical reports are considered public record and shall be available for inspection upon request. The Board may deny subsequent sabbatical leave to a faculty member who fails to submit the required report or who fails to meet the goals specified in the application for sabbatical leave.
The Office of Academic Affairs shall maintain information about all sabbatical leaves granted and denied each year and shall make all sabbatical records for sabbaticals granted and lists of sabbaticals denied available upon request for inspection by the Joint Budget Committee of the Colorado General Assembly and by the Education Committees of the Colorado Senate and House of Representatives.
Graduate study leave is available to members of the Extension, Colorado State Forest Service, and personnel holding dual appointments in the Extension and Experiment Station who are based off-campus. Graduate study leave may be granted upon completion of three (3) or more years of full-time service to pursue an approved graduate study program. No more than one (1) quarter or one (1) semester of leave will be granted during any fiscal year. A maximum of four (4) quarters or two (2) semesters plus a summer session will be granted in any seven (7) year period beginning with the date of first employment. Personnel granted graduate study leave will be paid half-salary (0.5) during the period on leave. This program is intended to compensate for the fact that off-campus faculty members and administrative professional employees cannot participate in the on-campus study privileges.
Colorado statutes provide for attendance of state employees at annual military encampments as follows:
Any officer or employee of the State of Colorado, or any of its institutions, who is a member of the National Guard or any other component of the military forces of the state organized or constituted under state or federal law or who is a member of the reserve forces of the United States, organized or constituted under federal law, is entitled to leave of absence from their public office or employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits for all the time when he or she is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed if the required military service is satisfactorily performed, which shall be presumed unless the contrary is established.
Additional extended military leave, without pay, will be permitted if required by proper authority of the military services.
This policy is interpreted as including required annual individual tours of active duty by reservists, not performed with a reserve unit.
Individuals requesting annual military leaves are expected to schedule leaves at times most convenient for their respective departments if military considerations allow.
Regularly employed (not temporary) employees of all branches of the University entering the active military service in time of war or other emergency declared by proper authority of the state or the United States, or as a result of being inducted under the provisions of federal selective service laws, will be granted leave without pay with the understanding that absence will not be voluntarily prolonged for more than ninety (90) days beyond the period required by the particular branch of the armed service in which service is performed. Employees who enlist in the Armed Forces of the United States and members of Reserve units who volunteer for active duty shall have such reinstatement rights as are provided by Federal Law 38 U.S.C. & 2024.
Requests for military leave shall follow the procedure required for all other types of leave. The request must state name of applicant, position the employee holds, military status, and beginning date of proposed absence. Requests shall be submitted through administrative officers concerned to the Department of Human Resource Services, accompanied by a copy of order to active duty. Requests should be made in advance of such leave unless military orders, for strategic and security reasons, prohibit advance notice.
In order to be eligible for reinstatement or reemployment following a period of absence for military service, an employee must:
a. Have been released from service under honorable conditions and must furnish proof of that release;
b. Have been employed in a non-temporary position at the time of entering active duty;
c. Have left CSU for the purpose of going into active duty, and must have given the notice required by law to that effect;
d. Report for work or apply in writing within the specified time period after separation or release from training or service (see below); and
e. Have been away for a period no greater than five years.
Upon completion of extended military service, an employee may apply for reinstatement within the time period specified below after being honorably discharged from such service and shall be reinstated into the same position or into a position of comparable seniority, status, and pay, if available, as long as the employee is not physically or mentally disabled from performing the duties of such a position. Less than honorable discharges will be considered on a case-by-case basis. If the employee is not able to perform the duties of the employee’s previous position or a comparable position because of a disability sustained during the service, but is qualified to perform the duties of another position(s) that is available, the employee shall be offered the position that will most approximate the seniority, status, and pay of the previous position.
F.184.108.40.206 Time periods for employee to report to work or give notice to CSU of intent to reinstate
a. In the case of military service less than 31 consecutive days, the employee must report back to work for the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and safe transportation home, plus an 8-hour period for rest. If reporting back within this deadline is “impossible or unreasonable” through no fault of the employee, the employee must report back as soon as possible after the expiration of the 8-hour period.
b. For 31-180 days of service, the employee must submit written or verbal application for reemployment no later than 14 days after completion of service. If submitting the application within 14 days is impossible or unreasonable through no fault of the employee, the employee must submit the application as soon as possible thereafter.
c. For 181 or more days of service, the employee must submit an application for reemployment not later than 90 days after completion of the period of service.
d. For any time period the deadline to report back or submit application for reemployment may be extended for up to 2 years to accommodate a period during which employee was hospitalized for or convalescing from an injury or illness that occurred or was aggravated during a period of military service.
A reinstated employee shall have the same rights with respect to accrued and future seniority, status, efficiency rating, vacation, sick leave, and other benefits as if the employee had been actually employed during the time of leave. An employee who is reinstated under the provisions of this Section shall not be discharged, except for cause, within one (1) year after reinstatement. If general salary increases are made during an employee’s military leave, whether by lump sum increase, percentage increase, or otherwise, the employee’s salary upon their return to employment shall be adjusted to equal the salaries of other employees of comparable rank, qualifications, and abilities as determined by the proper officials. Furthermore, upon return the employee shall not be precluded from such other individual salary adjustment or promotion in rank as may be deemed justifiable. For further information and assistance with respect to Military Leave, including assistance with PERA benefits, contact the Benefits Unit in Human Resources.
Ordinarily leaves of absence are not granted to administrative officers unless the granting of such leave is considered to be in the best interests of the University.
Requests for leave for administrative officers, without salary, are considered on their individual merits by the Office of the President of the University and by the Board. When granted, they are known as “administrative leaves.”
Wartime leaves to permit employees to engage in civilian employment are not granted except in unusual cases such as those in which services of an employee are specifically requested by a government agency or other public agency engaged in a bona fide activity which is definitely a part of the nation’s war effort. The burden of establishing such qualification is entirely upon the employee. Proof is required that the employee’s services are needed because of a particular technical knowledge or skill which cannot easily be obtained otherwise.
The demand from the Federal government for technically qualified personnel to staff government sponsored programs, particularly in the field of assistance to foreign countries, makes it advisable for the Board to set forth explicitly its policy on granting leave to University staff members.
The Board recognizes the University’s obligation to contribute its share of help on all programs designed to strengthen the United States in administration of the nation’s foreign policy. In recognition of this institutional obligation, the Board looks with favor on participation by a University employee in such programs if it is apparent that the nation’s best interests rather than the individual’s are being fostered thereby.
The primary obligation of the Board is, however, to promote the welfare of the University and of individuals on its staff. Proposals for foreign assignments invariably bring into sharp focus conflict between the welfare and best interests of the Federal government, the University, and the individual staff member. The Board’s policy on this matter is stated in these terms:
a. Each case is to be considered on its merits.
b. Upon recommendation through administrative channels, favorable consideration may be given to requests for leave not exceeding a two (2) year duration.
c. No extension of leave beyond two (2) years will be granted, although a faculty member’s and administrative professional’s resignation at the time they may elect to extend their absence beyond two (2) years will not prejudice the faculty member’s opportunity for subsequent employment at the University.
d. Faculty members and administrative professionals granted leaves of absence for two (2) years, or for the major part of one (1) year or more, must notify the Board not less than three (3) months prior to termination date of their leave of their intentions with respect to returning as an active member of the University faculty or administrative professional.
Faculty members and administrative professionals shall be granted jury leave with pay for the period they are required to serve. Such leave shall be coordinated with the department head concerned. Compensation received by the individual for time spent performing jury duty on working days shall be turned over to the University Payroll Office except for mileage and expenses. If the compensation received by the individual includes such expenses, the individual should document this to the University Payroll Office. In such a case, the individual should cash the check covering the total compensation and pay the University the remainder after the expenses have been deducted.
On occasions individual employees are obligated to testify as court witnesses on subjects upon which they qualify as experts. However, employees should not seek such obligations and are permitted leave to so serve only when subpoenaed to appear.
In testifying as an expert witness, the employee necessarily must make preparation for the case presumably upon the employee’s own time and therefore is permitted to retain personally all fees received, whether paid by the court or by the person, firm, or organization as whose witness the employee is subpoenaed. An exception, obviously, is the case of prolonged absence from duty which, as in the case of one rendering consultant services, would call for placing the employee on leave of absence without salary for the duration of the employee’s absence.
The technical knowledge of any employee who may testify as an expert witness should be made available equally to both sides of any court case.
A full-time faculty member on a tenured, tenure-track, contract, or continuing nine (9) month or twelve (12) month appointment, or an administrative professional on a regular or special nine (9) month or twelve (12) month appointment is entitled to a maximum of ninety (90) working days of injury leave with full pay from scheduled work when required for recuperation from an on the job accident or an occupational disease providing the accident or disease is determined to be compensable under Workman’s Compensation. Since the individual is receiving full salary, the weekly benefits paid by Workman’s Compensation are deposited directly to the University. The ninety (90) working day limit is the maximum that can be allowed for any absences resulting from any single accident.
A faculty member on a tenured, tenure-track, contract, or continuing appointment or administrative professional on a regular or special appointment may be granted leave without pay with approval by the Board. A request for such leave must be sent through channels to the President. See the Faculty and Administrative Professional Privileges and Benefits Summary Plan (SPD) regarding continuation of benefit coverage while on leave without pay.
An administrative professional on a temporary appointment may be granted leave without pay only as required under the Family Medical Leave Policy.
Any leave, with or without salary or expenses, that does not fall under one (1) of the categories found in the other sections of this Manual, shall be designated as a special leave. Each case shall be considered on its merits upon recommendation through administrative channels to the President.
Only the President of the University or the President’s representative may make the decision to close the University. Announcement of such unscheduled closures will be communicated to the local media by the Executive Director of Public Relations or the Executive Director’s designee no later than 5:30 A.M., whenever possible. Employees are encouraged to tune in a local radio station whenever inclement weather conditions indicate the possibility of closure.
Academic Faculty, Administrative Professionals, Post-Doctoral Fellows, Veterinary Interns and Clinical Psychology Interns with an appointment of at least half-time (50%) or greater are eligible for Parental Leave. An employee who is not in a paid employment status is not eligible for this leave.
An employee becomes eligible for Parental Leave upon becoming a parent or legal guardian of a child. Parental Leave is not available during the period preceding the birth or placement for adoption, even if absences are due to the expected arrival. Foster care placement is not included; however, foster care as part of adoption is included. Employees may use other types of accrued leave (such as Sick Leave or Annual Leave), as applicable, for absences during such periods. Only one Parental Leave benefit per employee is available per birth or adoption. The number of children born or adopted (e.g., twins) does not increase the amount of the Parental Leave benefit. If both Parents are employees, each is entitled to use their Parental Leave benefit for the same event.
Parental Leave consists of 3 work weeks of paid time off, in addition to the employee’s accrued Sick Leave and Annual Leave and any Short Term Disability (STD) benefits to which the birth mother is entitled to be used for the purpose of a new parent to care for and bond with the child. Parental Leave may be taken anytime within the first year after delivery or adoption. Once commenced, Parental Leave must be used in a continuous block (not split into intermittent days off). Family Medical Leave (FML) provides job protection for an employee for up to 12 weeks of leave for qualifying events (see Faculty and Administrative Professional Manual Appendix 3 for details on FML). A combination of Sick Leave, Annual Leave, STD, and 3 weeks of Parental Leave may provide income replacement during FML. If a birth mother does not have sufficient accrued Sick Leave and Annual Leave to cover the STD elimination (waiting) period, Special Leave will be granted with pay. For a non-birth parent, STD does not apply. This policy is intended to ensure adequate time off for employees who become new parents, and to provide, in most circumstances, compensation for at least 9 weeks of the birth mother’s 12-week FML period (typically a combination of Sick Leave, Annual Leave, STD, and 3 weeks of Parental Leave). For adoptive parents, an employee who is the primary caregiver is also eligible for 12 weeks of FML and a minimum of 9 weeks of paid leave, typically a combination of Parental Leave, Sick Leave, and Annual Leave. If Sick Leave and Annual Leave are not sufficient to cover 6 weeks of leave, Special Leave will be granted with pay. As used herein, “primary caregiver” means the one parent who has primary responsibility for the care of a child immediately following the coming of the child into custody, care, and control of the parent for the first time. A non-birth parent or an adoptive parent who is not the primary caregiver is eligible for 3 weeks of Parental Leave and any accrued Sick Leave and Annual Leave. Prior notice of the intent to take Parental Leave is required at least 30 days in advance (unless such notice is impractical, in which case, as far in advance as possible). The employee’s supervisor is responsible for timely reporting of Parental Leave, within one month following the return to work date, in accordance with the Leave Reporting Policy in the Human Resources Manual, in order to receive funding from the fringe pool. Illustrative examples of Parental Leave are located in Section 2 of the Human Resources Manual at www.hrs.colostate.edu.
Note: The Parental Leave Policy may be reviewed at policies.colostate.edu.
Eligible Employee: Academic Faculty, Administrative Professionals, Post-Doctoral Fellows, Veterinary Interns and Clinical Psychology Interns with an appointment of half-time (50%) or greater who are benefits eligible. An employee is not an Eligible Employee during any period in which the employee is not in paid employment status.
Catastrophic Circumstances: An extraordinary, disastrous event or situation that was not reasonably foreseeable, or that resulted from serious illness, and that caused the employee to be unable to work for a period of at least 2 weeks.
Unit Head: The Department Head, Dean, Director, Vice President, or other administrator responsible for making determinations concerning an employee’s leave.
When Catastrophic Circumstances are found to exist, and an Eligible Employee has exhausted all available paid leave, a Unit Head may authorize up to two work weeks of paid or unpaid time off in the Unit Head’s discretion. In the rare case that an employee who is eligible for short-term disability (STD) benefits does not have enough paid leave to cover the 10-day STD elimination (waiting) period, paid leave must be granted for the unpaid portion; all other cases are within the discretion of the Unit Head. See the Academic Faculty and Administrative Professional Privileges and Benefits Summary for details on short-term disability coverage.
1. Determination of Catastrophic Circumstances
The Catastrophic Circumstances in which leave may be granted under this policy are limited to those in which the Eligible Employee, or the employee’s immediate family member (as defined in the Family Medical Leave (FML) policy, Academic Faculty and Administrative Professional Manual, Appendix 3) who lives with the employee or for whom the employee is responsible to provide care, is so severely affected by the catastrophe that the employee cannot reasonably return to work for at least two (2) weeks. Examples of eligible scenarios include:
a. A natural disaster that substantially damages or destroys the employee’s primary residence or displaces the employee from the home;
b. A severe injury or illness, as certified by a healthcare provider, that results in the inability of the employee to work.
2. Exhaustion of Other Leave
Before a request for Catastrophic Circumstances Leave may be granted, the Eligible Employee’s Unit Head must determine that the employee has exhausted or is ineligible for all other paid leave benefits, including, but not limited to, sick leave, annual leave, and short- and long-term disability.
3. Maximum Period of Leave
Leave granted under this policy cannot exceed two work weeks and must be taken contiguously, and runs concurrently with FML if applicable. Leave is not prorated beyond the two weeks for employees who are half-time, but not full-time. Leave may be granted only for so long as the Catastrophic Circumstances continue to exist.
4. Effect on Other Leave
a. Leave without pay (LWOP): An employee who is granted Catastrophic Circumstances Leave and remains unable to return to work after such leave is exhausted may be eligible for Leave with Pay, as provided in the Human Resources Manual, Section 2 and the Academic Faculty and Administrative Professional Manual, Section F.3.13.
b. Family Medical Leave (FML): Leave granted under this policy must be designated as FML if the reason for the leave qualifies as FML and the employee is eligible under the FML policy. Catastrophic Circumstances Leave must run contiguously with FML, when applicable. Departments are responsible for reporting FML when it applies.
c. Human Resources can assist unit administrators with Catastrophic Circumstances Leave due to an illness or injury that qualifies for the use of FML, and short- or long-term disability.
If a supervisor and employee disagree regarding interpretation of annual and sick leave regulations, either or both may appeal in writing to the Director of Human Resource Services for interpretation. Any question not covered by regulations may also be submitted in writing to the same official for decision.
Annual, sick, and home leave will be granted in conformity with the usual practices of the University.
Annual leave is earned at the rate of two (2) days for each month of service, or a total of twenty-four (24) working days each full year. Annual leave is provided primarily to allow necessary rest and recreation to faculty members and administrative professionals during their tours of duty overseas. The chief of party, faculty members and administrative professionals will do their best to arrange for earned annual leave to be used for the above stated purpose during the tour of duty. In the event that the interests of the project dictate otherwise, and the chief of party certifies in writing that such is the case, lump sum payments for annual leave earned but not taken may be made at the end of the faculty members or administrative professional’s service, provided that such lump sum payment shall be limited to leave earned during a twelve (12) month period (not to exceed twenty-four (24) working days). Country differential will not be paid on lump sum payments in lieu of annual leave, nor on annual leave spent outside the country assignment. While the faculty member or administrative professional remains on the same overseas contract, annual leave may be carried forward to the contract year following the contract year in which the leave was earned, except that the maximum terminal leave shall be twenty-four (24) working days unless all sick leave has been utilized and the annual leave is needed in lieu of sick leave.
Sick leave may be accumulated during the period the faculty member and administrative professional remains on the same contract at the rate of one and one-quarter (1.25) days per month, in accordance with the policy of the University.
Home leave of up to thirty (30) calendar days in the United States will be allowed after the faculty member or administrative professional has served two (2) years, provided the employee agrees to return overseas for an additional two (2) year period. The period of service overseas required for home leave shall begin on the date of departure from the United States port of embarkation on international travel and shall continue, inclusive of authorized delays enroute, to the date of arrival at the United States port of debarkation from international travel. Allowable annual and sick leave taken, but not leave without pay, shall be included in the required period for service overseas, provided that any such annual and sick leave was not taken within the boundaries of Canada or the United States and its territories. No country differential shall be payable for time spent in the United States for home leave or for travel time in connection therewith.
Appointments may be automatically extended to cover terminal leave or home leave but, if the faculty member or administrative professional elects in writing to receive a lump sum payment in lieu of terminal leave, they shall cease to be an employee of the University at the close of their last working day, plus minimum travel time to return to their point of origin in the United States by the most expeditious mode of transportation. If the individual is to be employed by the University, the individual will not go back on the payroll until after the leave period for which the individual has been paid has elapsed.
Campus coordinators are requested to make such arrangements as may be necessary to ensure that field party chiefs report monthly regarding the leave status of each member of the party. In addition, procedures should be established so that upon the departure or termination of any faculty member or administrative professional the employee may carry with them a final leave status report as of the day of their departure. A copy of the final leave status report should be mailed promptly to the campus coordinator.
Final settlement of employment agreements may be concluded in the field by the chief of party with the concurrence of the campus coordinator, provided end of tour reports and other obligations are settled, thus enabling the faculty member and administrative professional to proceed to the employee’s point of origin if outside Colorado.
Absences occasioned by deaths of relatives of employees may be allowed by department heads with approval by deans, without deduction from annual leave or sick leave, to the extent deemed appropriate and advisable in view of circumstances, but not in excess of five (5) working days. This does not automatically entitle an employee to a full week’s absence; this maximum may be granted only if travel to and from distant points is necessary.
Relative is defined as a member of the employee’s or spouse’s family. Members of the family include wife, husband, children, foster children, parents of employee or spouse, grandparents, grandchildren, sisters and brothers, nephews and nieces, aunts and uncles, brothers-and-sisters-in-law, and daughters-and sons-in-law. Allowed absences also may be granted for other family members not included in this listing based on the relationship of the employee to the deceased.