Policies of CSU Pueblo

University Policy

Policy Title: Leave use and Reporting Policy	Category: Human Resources and Institutional Equity
Owner: Senior Director of Human Resources & Institutional Equity	Policy ID#: 07-02-00
Contact: Human Resources Web: https://www.csupueblo.edu/human-resources/ Email: hr@csupueblo.edu Phone: 719.549.2441 Also Contact: Office of General Counsel (OGC) Web: http://www.csupueblo.edu/GeneralCounsel/ Email: Johnna.Doyle@colostate.edu Phone: 719-549-2130	Effective Date: 2/6/2019

POLICY PURPOSE:

This policy provides rules and guidance to University employees in the use and reporting of various leave classifications.

APPLICATIONS OF THIS POLICY APPLIES:

This policy applies to all Faculty, Administrative Professional, and Classified employees of Colorado State University-Pueblo as indicated in the policy and as directed by the appropriate rules and regulations as determined by employee type.

POLICY STATEMENT:

Leave accrual amounts and limits for Faculty and Administrative Professional employees are set by the Board of Governors of the Colorado State University System. Leave accrual amounts and limits for Classified employees are set and approved by the State Personnel Board.

Leave use and reporting is the responsibility of every employee. Leave must be used responsibly and requires advance approval of the leave request, when foreseeable, by the supervisor. Leave that is not foreseeable (i.e. illness, accident, etc.) still requires a request be submitted immediately upon the employee’s return and approved by the supervisor. Additionally, employees should notify their supervisor as soon as they are aware of the need to be absent, when feasible. Leave records are a critical and integral part of the University’s responsibility for maintaining accurate employee records and for assuring equitable and appropriate accrual and use of this employee benefit.

For additional details on leave scheduling and use, Faculty should refer to the Faculty Handbook.

Administrative Professional employees should refer to the Handbook for Professional Employees. Classified employees should refer to the State of Colorado Classified Employee Handbook, located on the State of Colorado Website or through the Colorado State University-Pueblo Office of Human Resources web page.

POLICY PROVISIONS:

Annual leave should be requested as far in advance as possible. Sick leave should also be requested in advance whenever possible. Leave requests must be submitted through the online leave system (Employee Portal) for the following leave types: annual, family sick, funeral/bereavement, jury duty, and sick. All other leave types must be requested by submitting a completed official Colorado State University-Pueblo Leave/Absence Request and Authorization form to the supervisor for approval and then forwarding to the Office of Human Resources. The form is attached to this procedure, available on the Office of Human Resources web page, or accessible from the Employee Portal. If leave was approved but not taken, the employee must either delete the electronic leave submission in the Employee Portal (if the leave was requested for the current month) or submit an amended Leave/Absence Request and Authorization form to their supervisor for approval and then forward to the Office of Human Resources. It is the responsibility of the employee and the supervisor to communicate with regard to the status of all leave requests. Supervisors must respond to leave requests in a timely manner. If leave is not approved by the supervisor, the employee may appeal the decision in writing to the second level supervisor for review within three business days. If the employee disagrees with the determination of the second level supervisor, they may appeal to the Appointing Authority in writing within three business days of the notice from the second level supervisor. All decisions made by the Appointing Authority will be issued in writing within five business days and will be final.

Submission of leave hours in the Employee Portal serves as the employee’s electronic signature in place of signing a paper leave calendar. Employees must follow their departments’ current procedures for requesting the use of leave prior to entering leave into the Employee Portal. The employee is responsible for the entry and accuracy of their electronic leave submissions in the Employee Portal.

Departments may implement department-specific supplemental leave procedures to define their leave request/approval process in support of this University Leave Use and Reporting Policy. Any supplemental procedure must be approved by the Appointing Authority. Copies of any communication of or signed receipt for the supplemental leave procedures will be forwarded to the Office of Human Resources and become a part of the personnel file.

Classified Timesheets

Classified timesheets are not required. Classified employee hours worked will be based on their percent of appointment, with 1.0 FTE equal to 40 hours per week. Expected hours worked for a less than full-time employee will be calculated by multiplying the percent of FTE by 40. Supervisors are required to ensure that employees work the hours expected and the Employee Portal will serve as the official leave record (i.e. if no leave is reported it will be assumed that the employee fulfilled their required work hours for the month and had no missed time). Timesheets will only be required for those employees paid on an hourly basis.

A separate overtime procedure will issued by Human Resources to address overtime use and tracking.

Leave Types and Accrual

All leave is credited on the last working day of the month and available for use the first day of the following month. Leave for employees who start or end employment that results in less than a full month of work will have leave pro-rated to the number of days actually worked. The University, as well as its departments or divisions, may designate periods of time when annual leave may not be granted based on operational needs or business necessity. These periods of time must be approved by the Appointing Authority and communicated in writing to the affected departments in advance. These periods must be applied to all impacted employees equally unless there is a communicated business reason for doing otherwise and may not be instituted in response to a specific request. However, employees must be provided reasonable opportunity to use accrued leave during the year of accrual. Supervisors and employees should review the Employee Leave Calendar in the Employee Portal, which contains information on the number of hours that will be lost if leave is not taken by June 30 of each year. Failure of the employee to request leave in a reasonable time period is not sufficient reason for supervisors to grant leave that creates an undue operational burden to the department (i.e. waiting to request all leave that will be lost in the month of June that results in the employee missing the entire month). Employees and supervisors are expected to manage leave appropriately.

1. Annual leave, also known as vacation leave

Administrative Professional employees hired prior to July 1, 2003, earn 16 hours per month, pro-rated for part-time employment based on percent of appointment, with a maximum accrual that may be carried forward to the next fiscal year of 384 hours, also pro-rated for part-time employment. Employees hired after July 1, 2003, earn 16 hours per month, pro-rated for part-time employment, with a maximum accrual that may be carried forward to the next fiscal year of 200 hours. Effective July 1, 2005, leave will continue to accrue throughout the fiscal year, even if it is in excess of the maximum that may be carried forward. Leave earned above the maximum accrual rate that may be carried forward to the next fiscal year and not taken by June 30 is forfeited. Payout of annual leave at the time of termination or resignation will not exceed the maximum accrual rate of 384 or 200 hours respectively.

Faculty do not earn annual leave.

Classified employees annual leave accrual is based on years of service with the state classified system as dictated by State Personnel Board Rules and Administrative Procedures. Leave earned above the maximum accrual rate that may be carried forward to the next fiscal year and not taken by June 30 is forfeited. Annual leave accrual rates are as follows:

Years of Service Hours Accrued per Month Maximum Carry Forward

1^st through 5^th year 8 hours per month 192 hours

6^th through 10^th year 10 hours per month 240 hours

11^th through 15^th year 12 hours per month 288 hours

16^th year or longer 14 hours per month 336 hours

All leave earning rates and maximum accrual rates are pro-rated for part-time employees based on the percent of appointment.

2. Sick Leave

Medical certification is required for any absence of more than three consecutive business days for all employees in order for the University to ensure compliance with the Family and Medical Leave Act. This requirement is also dictated by the State Personnel Board Rules and Administrative Procedures for classified employees.

Administrative Professional employees earn 10 hours of sick leave per month with a maximum accrual of 720 hours. Payout of sick leave is not available.

Faculty earn 10 hours of sick leave per month with a maximum accrual of 720 hours. Payout of sick leave is not available.

Classified employees accrue sick leave at a rate of 6.66 hours per month. Those hired by any state agency prior to July 1, 1988, and who have had no break in service have a maximum accrual of 360 hours (45 days) plus their balance as of June 30, 1988. Those employees hired after July 1, 1988, have a maximum accrual of 360 hours (45 days). Leave earned in excess of the 360 hours is converted to annual leave at a rate of 5 hours of sick leave to one hour of annual leave on July 1 of each year. Classified employees who are retirement eligible receive a payout of one fourth (25%) of their sick leave balance upon retirement, not to exceed one fourth of their maximum sick leave accrual.

3. Holiday Leave

The State of Colorado grants 10 paid holidays per year. Colorado State University-Pueblo adheres to an alternate holiday schedule, which is available on the Office of Human Resources web page. Should an employee terminate their employment with the University, there will not be a payout adjustment for holidays not taken during the fiscal year.

4. Military Leave

Military Leave is granted in accordance with State and Federal guidelines. Military leave requests must be accompanied by official military orders. Members of the National Guard, Military Reserves, or National Disaster Medical Service are granted 15 working days with pay per calendar year for annual training, active service, encampment, or declared emergency. Unpaid leave is granted after exhaustion of the 15 workdays. Appointing Authority approval is required on the Leave/Absence Request and Authorization form. Please contact the Office of Human Resources if you will be in this situation.

5. Jury Leave

Employees are granted leave with pay for periods during which they are required to serve on jury duty. Compensation received for this service is not required to be relinquished to the University. A copy of the Jury Service Certificate from the Jury Commissioner must be submitted to the Office of Human Resources for inclusion in the personnel file.

6. Civil Duty Leave

Employees who are officially subpoenaed or summoned to involuntarily appear in a judicial forum or compelled to appear before a judicial, legislative, or administrative body with civil power to compel attendance during regularly scheduled working hours, shall be entitled to receive leave with pay for a period of time necessary for such appearance if the appearance may not be reasonably accommodated by rescheduling the employee’s work hours, as determined by the University. The employee must provide a copy of the subpoena to the Appointing Authority with the Leave/Absence Request and Authorization and both must be forwarded to the Office of Human Resources after being approved by the Appointing Authority. Civil Duty Leave shall not be granted for appearances as an expert witness for a party to litigation. Civil Duty Leave must be approved in advance by the Appointing Authority. Civil Duty Leave is not deducted from employee sick or annual leave balances.

7. Administrative Leave

Administrative leave may be granted for specific circumstances and must be approved in advance by an Appointing Authority. This type of leave is based on individual circumstances. The Appointing Authority will be responsible for determining which circumstances warrant the approval of Administrative Leave and whether it will be paid or unpaid.

8. Leave without Pay

Requests for leave without pay require Presidential approval unless otherwise prohibited. Employees must exhaust all applicable paid leave before being placed on unpaid leave. Employees requiring and/or using leave without proper approval will be subject to corrective and/or disciplinary action up to and including termination of employment.

9. Family and Medical Leave, under the Family and Medical Leave Act (FMLA)

FMLA is a federal requirement and the Office of Human Resources should be immediately notified of any situation that may qualify under FMLA. Eligible employees are those who have worked for CSU-Pueblo and/or the state for 12 months prior to the FMLA request and have at least 1,250 hours of service during 12-month period immediately preceding the leave. Up to 520 hours (prorated for part-time employees) per rolling 12-month period of unpaid leave will be granted for any of the following reasons: (1) the birth of a child and to care for the newborn child within one year of birth; (2) the placement with the eligible employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; (3) to care for the eligible employee’s spouse, child, or parent who has a serious health condition; (4) a serious health condition that makes the eligible employee unable to perform the essential functions of their job; (5) any qualifying exigency arising out of the fact that the eligible employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or (6) twenty-six workweeks (prorated for part-time employees) of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

See the Family and Medical Leave Policy available in the online Policy Library for employee eligibility criteria and additional information regarding FMLA leave.

Request for FMLA leave requires designation by the Office of Human Resources and medical certification that the condition qualifies under the FMLA law. The need for FMLA leave should be requested as far in advance as possible, but not later than three days after leave has started. Supervisors of employees requesting FMLA leave shall refer the employees to the Office of Human Resources and notify Office of Human Resources of the possible need for the leave.

All employees must contact Human Resources for specific instructions on the use of Family and Medical Leave. All potential FMLA situations and sick leaves of three days or more must be reported to the Office of Human Resources.

10. Funeral/Bereavement Leave

Administrative Professional employees may request funeral leave not to exceed five (5) working days without the loss of pay to make arrangements for/or attend the services of family members or others. A supervisor or Appointing Authority shall determine the amount of time to be granted based upon the travel distance, the mode of transportation, and the employee’s relationship to the deceased. This type of leave may not be used for the purpose of settling an estate. An Appointing Authority may approve the entire 40 hours for a close family member even if funeral activities do not require this full amount of time.

Administrative Professional employees may also request leave not to exceed one (1) working day without loss of pay to attend services for a member of the University Community or close friend.

Faculty may request bereavement leave not to exceed five (5) working days without the loss of pay to make arrangements for/or attend the services of immediate family members as defined in the Faculty Handbook. A Department Chair shall determine the amount of time to be granted based upon the travel distance, the mode of transportation, and the employee’s relationship to the deceased. This type of leave may not be used for the purpose of settling an estate.

Faculty may also request leave not to exceed one (1) working day without loss of pay to attend services for a member of the University Community or close friend.

Classified employees may request up to 40 hours of bereavement leave without the loss of pay to attend services, travel, or grieve the death of a family member or other person. This type of leave may not be used for the purpose of settling an estate. A supervisor or Appointing Authority shall determine the amount of time to be granted based upon the travel distance, the mode of transportation, and the employee’s relationship to the deceased. Bereavement leave for classified employees is defined by the State Personnel Board Rules and Administrative Procedures.

11. Injury Leave

Employees who are injured or suffer an illness on the job are covered by Worker’s Compensation Law. Please refer to the Worker’s Compensation link on the Office of Human Resources web page or contact the Office of Human Resources for further information.

12. Parental Academic Leave

Classified employees, as parents of legal guardians, may request up to 18 hours (prorated for part-time employment) of unpaid leave in an academic year to participate in academic-related activities. Those activities are parent-teacher conferences or meetings related to special education services, response to interventions, dropout prevention, attendance, truancy, and disciplinary issues. Employee may substitute annual leave for unpaid parental academic leave.

13. Victim Protection Leave

The University provides employee victims of stalking, sexual assault, domestic abuse, or violence who have exhausted sick and annual leave with up to 24 hours (prorated for part-time employment) of unpaid leave per fiscal year. Employee must have one year of service to be eligible.

14. Other Leaves

Other leaves, such as sabbatical leave, may be granted in accordance with University Policies and Procedures. Employees should refer to the appropriate employee handbook and receive Appointing Authority approval for such a request.

15. Leave Transfer/Reinstatement

Administrative Professional employees may request the transfer of annual and sick leave earned while employed by another state agency. Leave transfers are not a right, will only be considered from other recognized state agencies, and must be approved by the Appointing Authority. Annual leave transfer will under no circumstances exceed forty (40) hours. No leave will be transferred from a non-state entity without the specific approval of the President.

Reinstatement of leave for employees who had prior service at the University will be reviewed on an individual basis. Leave balances must be able to be verified from the previous employment in order to be considered. Under no circumstances will leave be transferred and reinstated for the same employee.

Faculty may request the transfer of sick leave earned while employed by another state agency. Leave transfers are not a right, will only be considered from other recognized state agencies, and must be approved by the Appointing Authority. Faculty do not earn annual leave and may not transfer annual leave from non-faculty positions at other state agencies or at CSU-Pueblo. No leave will be transferred from a non-state entity without the specific approval of the President.

Classified employee leave transfers and reinstatements are dictated by the State Personnel Board Rules and Administrative Procedures. If an employee transfers from another state agency with no break in service, leave balances are automatically transferred. If the employee had a break in service, they will have been paid for their accrued annual leave balance and thus, no annual leave will transfer. Sick leave may be reinstated for employees who had a break in service unless they retired and were paid for one fourth of their accrued sick leave balance, in which case there is no reinstatement of leave available.

Responsibility:

The Office of Human Resources administers this policy.

Related Laws, Policies and Procedures:

Board of Governors of the Colorado State University System approved policies

Faculty Handbook

Handbook for Administrative Professional Employees, revised October 6, 2017

State of Colorado Classified Employee Handbook

Family and Medical Leave Act (FMLA)

Forms and Tools:

Colorado State University-Pueblo Leave/Absence Request Authorization (Appendix A)

Approvals:

Karl Spiecker, VP Finance and Administration 1/18/2019