Marvin is an Associate Professor employed at UH Waimea on an 11-month appointment. He applied for and was granted a 4-month sabbatical leave during Fall 2014. After he returned from his sabbatical, he applied for another leave, this time for 2 months during Spring 2015. However, his fiscal officer, Jan is telling him that, “the clock starts over again,” and that he should have requested the split time before taking the initial 4-month leave. Marvin is shocked! He reread the third paragraph of Article VI, Leaves of Absence with Pay, and can’t find anything prohibiting this. In fact, Marvin thinks Jan might be misinforming him. Marvin asks Jan if she is sure about this, and Jan reiterates her position that Marvin has lost his opportunity, having checked with someone in the VCAA’s office. Is this a contract violation? What should Marvin do next?



After contacting UHPA offices and speaking to a staff member, Marvin learns both that Jan’s assertions are a contract violation, and of his options moving forward. Since Marvin has written communication (an email) from his fiscal officer last week asserting that he must have filed the request as separate, he notifies his Dean and VCAA that he will be filing a grievance.

Marvin’s Administration expresses surprise! Apparently the person Jan spoke to in the VCAA’s office was an APT, and the Dean tells Marvin she wasn’t even aware Marvin was misinformed. Marvin applies and receives his extra 2 months of Sabbatical Leave.