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Article VI, Leaves of Absence With Pay

A. SABBATICAL LEAVES

1. The purpose of the sabbatical leave is to provide Faculty Members with an opportunity for further professional growth and development so that they may serve more effectively on their campuses and in their field of specialization.

2. Only tenured Faculty Members at Rank 2 or above may be eligible for a sabbatical leave after six (6) years or twelve (12) semesters of full-time creditable service with the University. Any leave of up to thirty (30) days will not constitute a break in service. Credit toward sabbatical leave is computed in units of not less than a full semester for I and C Faculty Members provided that I and C Faculty Members appointed effective on October 1 or February 1 of the respective semesters shall have such semester count as a full semester. All other classifications shall compute service from the most recent date of hire. Full-time creditable service refers to full-time active duty service at the University.

3. The term of a sabbatical leave shall be for a period of twelve (12) months (usually an academic year) at half the pay that would have been received had the leave not been taken or six (6) months (a semester) at the same pay that would have been received had the leave not been taken.

Tenured Faculty Members serving on eleven-month (11-month) appointments may alternatively be granted sabbatical leaves of shorter duration with full pay at proportionately more frequent intervals after the initial period of six (6) years of full-time creditable service at the University, provided that the total leave with pay taken within a sabbatical leave period does not exceed that provided for regular sabbatical leave.

4. Each Faculty Member who receives a sabbatical leave shall agree to return to the University System for service for a period of not less than the period of the sabbatical leave.

5. Each Faculty Member who applies for a sabbatical leave shall submit through the Chair to the Dean/Director or Vice Chancellor, a description or narrative of the educational program, research, or other professional activity to which the Faculty Member proposes to devote the leave, along with the reasons for undertaking such a program while on leave. The Dean/Director or Vice Chancellor shall note a recommendation on each application and shall forward each to their Chancellor or Provost.

6. Applications for sabbatical leaves shall be evaluated on the basis of:

a. The nature of the educational or professional program to be undertaken.

b. The effect of the applicant’s absence on the work of the department or unit and on the operations of the University.

Applications that were previously approved as to item (a) above, but were denied because of item (b) or as a result of budget constraints, shall be given priority.

Previous leaves of absence credited in writing towards sabbatical leave eligibility or provided in other articles of this Agreement shall not prejudice the evaluation or approval of sabbatical leave applications.

7. All applications for sabbatical leave shall be received by the Dean/Director, Chancellor, or Provost at least six (6) months before the effective date of the leave. The decision to deny the leave shall be rendered in writing, stating the reasons, within four (4) months after receipt of the application by the Dean/Director, Chancellor or Provost.

8. It is expected that a Faculty Member, whenever financially possible, on a sabbatical leave at full pay will not take employment for compensation during the leave, and that one on half pay will not take more than half-time employment, unless such employment is necessary for or enhances the attainment of the purposes for which the leave was granted. Faculty Members can argue the necessity of accepting pay as a means of accepting a sabbatical. In such cases, details of the compensated employment should be included in the outline of the proposal submitted to the Dean/Director, Chancellor, or Provost. Included in this provision is the acceptance of fellowships and grants. Upon returning from sabbatical leave, the Faculty Member shall report to the Employer in writing, within one (1) semester, on activities during the leave, through the Dean/Director, to the appropriate Chancellor or Provost.

9. Faculty Members on sabbatical leave shall maintain and accrue all rights and benefits provided in this Agreement.

B. STUDY LEAVES

1. Study leave of one (1) semester with full pay or two (2) semesters at half pay may be granted by the Employer to full-time Faculty Members in the I-2 classification at the end of five (5) years’ service with the provision that such leaves will be utilized in advanced study.

2. Study leave of three (3) months with full pay or six (6) months at half pay may be granted by the Employer to full-time Faculty Members in Rank 2 of the R, S, B, and A classifications at the end of five (5) years’ service with the provision that such leaves will be utilized in advanced study.

3. If a study leave is taken, no time served in the lower Rank can be used to apply toward a future sabbatical leave. Also, the time actually spent on study leave cannot be applied toward a sabbatical leave.

4. Each Faculty Member who applies for a study leave shall submit through the appropriate Program Director, Department or Division Chair to the Dean or Director/Vice Chancellor a description or narrative of the educational or study program to which the Faculty Member proposes to devote the leave along with the reasons for undertaking such a program while on leave. The Dean/Director shall note a recommendation on each application and shall forward each to the Chancellor or Provost.

All requests for study leave must be in the hands of the Dean/Director, Chancellor or Provost at least six (6) months one (1) academic semester for instructional staff) before the effective date.

5. In evaluating applications for study leave, at least the following shall be considered:

a. That no additional positions will be necessary and that the work of the department or unit will be done satisfactorily;

b. That the purpose of the leave is mutually beneficial to the Faculty Member and the University;

c. The nature, length, and pertinency of the educational program which the Faculty Member plans to undertake;

d. That the Faculty Member’s absence will not adversely affect the operations of the University; and

e. The Faculty Member’s contribution to the University, demonstrated potential for growth and development, and seniority (continuous length of service with the University).

6. The Faculty Member must agree to return to the University of Hawaii for at least one (1) year thereafter.

7. In order to give non-instructional Faculty Members an opportunity to attend professional meetings, visit research centers, or observe field practices while away from the State on vacation leave, the Employer may grant leaves of absence with pay for the period actually devoted to these activities.

C. VACATION LEAVES

1. Faculty Members on the eleven (11) month salary schedules in the C, R, S, B, and A classifications are eligible to earn vacation leave at the rate of one and three-quarter (1-3/4) working days for each month of service.

2. If such Faculty Members render less than a month of service, their vacation allowance for such month shall be computed as follows:

Actual Days of Service                                             Working Days of Leave

1 to 3                                                                                    0
4 to 6                                                                                  1/2
7 to 9                                                                                  3/4
10 to 12                                                                             1 full day
13 to 15                                                                            1-1/4 days
16 to 18                                                                            1-1/2 days
19 or more                                                                      1-3/4 days

3. Faculty Members on the nine (9) month salary schedule are not eligible to earn vacation leave.

4. Faculty Members on the eleven (11) month salary schedule in the I classification are not eligible to earn vacation leave.

5. Other Conditions.

a. Faculty Members who are appointed on a temporary, contractual, or substitute basis while on vacation from another position in the State government or any political subdivision of the State shall not earn vacation allowance for such appointments.

b. Vacation allowance shall accrue to a Faculty Member while on leave with pay unless specifically prohibited by this Agreement.

c. No vacation allowance shall accrue:

1) During the period of any vacation leave or sick leave granted when the appointment terminates or is to terminate at the end of such leave.

2) During the period the Faculty Member is on leave without pay (except for a period that a Faculty Member is on leave for disability and is being paid Worker’s Compensation benefits).

3) During any period of valid suspension.

4) During any period of unauthorized leave.

5) During any period the Faculty Member is on sabbatical leave or study leave.

6. Accumulation or Carry Over of Vacation Leave.

a. Faculty Members may accumulate up to twenty-one (21) days of vacation leave per calendar year until they accumulate their first forty-two (42) days. Subsequently, Faculty Members may accumulate not more than fifteen (15) days of vacation leave per calendar year, even if their total accumulated days fall below forty-two (42) days. However, vacation leave in excess of fifteen (15) days per year may be accumulated for good cause when a request for such accumulation is approved by the Employer provided such request shall be accompanied by a stipulation that the Faculty Member shall take such excess vacation days at a specified time. If Faculty Members fail to take this vacation at the time specified, they shall forfeit the excess accumulation of vacation leave unless for good reason an extension of time is granted by the Employer.

b. Vacation leave shall be administered on a calendar year basis and recorded at the end of each calendar year.

c. Any Faculty Member who is entitled to an annual vacation may accumulate for the succeeding year or years such unused portion of vacation allowance as is permitted above, provided that the total accumulation shall not exceed ninety (90) working days at the end of the calendar year. If any recorded accumulation of vacation allowance at the end of any calendar year exceeds ninety (90) working days, the Faculty Member shall automatically forfeit the unused vacation allowance which is in excess of the allowable ninety (90) working days.

d. Nothing contained in this Article shall be construed to prohibit the taking or to require the forfeiture of any vacation which is validly granted and the taking of which is commenced prior to the last working day of any calendar year, notwithstanding that the recording of the current accrued vacation allowance for such year on the last day thereof might result in an accumulation of more than ninety (90) working days including the working days of the vacation so granted and then being taken, but the period of such vacation shall be regarded for all purposes as if the same had been entirely taken prior to the last day of such calendar year.

e. Nothing contained in this Article shall be construed to prohibit the lawful payment of pay in lieu of vacation.

7. Taking Vacation Leave Granted.

a. When a vacation is requested on a form prescribed by the Employer, it shall be granted and taken at such time or times as the Employer may designate, provided that it shall be as close to the requested period as conditions in the unit will permit, and so as to prevent any forfeiture of vacation allowance.

b. When a vacation is granted, it may include, in accordance with law and at the request of the Faculty Member, all vacation allowance accrued up to the end of the Faculty Member’s last full month of service immediately preceding the commencement of the vacation.

c. No vacation leave of less than one (1) hour may be granted. However, when payment in lieu of vacation is legally permissible, or when the Faculty Member’s service will not continue at the expiration of the vacation, such payment may include a prorated amount for any fraction of a working day of vacation allowance to which the Faculty Member is entitled.

8. Vacation Charged Only for Working Days.

Faculty Members on vacation shall have charged against their vacations only University working days which occur during the period of their vacation.

9. Priority of Scheduling Vacation Leave.

Priority in scheduling annual leave shall be given to Faculty Members on the basis of length of service within the unit.

10. Emergency Advanced Vacation.

Emergency advanced vacation shall be granted to Faculty Members who have exhausted all earned vacation and for reasons which they establish to the satisfaction of the Employer. Faculty Members shall immediately communicate with the Employer and request such advanced vacations and, if the same is granted, it shall be considered as taken with the express understanding that if such leave is not later earned during the term of employment, the unearned portion of the vacation pay so advanced will be repaid, on demand of the Employer, by the Faculty Members or, if they are deceased, by their executors and administrators out of their estates, or deductions may be made for such unearned portions from any salaries due them, or from any moneys credited to them in the annuity savings fund of the Retirement System of the Employer.

11. Effect of Transfer to Position in Which Vacation Allowance is Not Earnable.

When a Faculty Member is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the University in which vacation allowance may not be earned, the Faculty Member may be deemed for purposes of receiving pay in lieu of vacation, to have terminated the Faculty Member’s services. But in the event that the Faculty Member is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Faculty Member is then entitled. Pay for lapsed vacation in excess of the maximum allowed may be granted only as permitted by law.

12. Pay for Vacation Allowance upon Termination.

a. Whenever a termination of services takes place, the Faculty Member is to be paid, in accordance with law for vacation allowance either in lump sum or in the normal manner.

b. When payment in lump sum is made, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Faculty Member would be entitled or to which the Faculty Member would be allowed during the vacation period if the Faculty Member were permitted to take vacation in the normal manner.

c. However, if the Faculty Member is immediately rehired by the Employer, and will continue to earn vacation allowance, such payment shall not be made.

d. When a Faculty Member who is retiring from service elects to participate in the Employer’s early vacation payout program, the Faculty Member may receive a partial payment of the Faculty Member’s accumulated vacation leave credits prior to the Faculty Member’s retirement date for the sole purpose of deferring such amount into the Faculty Member’s account in the Employer’s 403(b) and/or 457 tax deferred plans. Such payout shall be in accordance with the Employer’s written rules and procedures.

13. A Faculty Member who, pursuant to Federal statutes, is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated service for the purposes of this Article. The Faculty Member’s choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits.

14. In the event that a vacation request is denied by the Employer, the Faculty Member may ask to be given the reasons in writing.

15. Faculty Members whose salaries are paid from other than the general revenues of the State of Hawaii or from funds deemed by the Employer to be assured for an indefinite period of time have vacation leave comparable to other C-11-month, R, S, B, and A Faculty.

D. SICK LEAVES

1. Faculty Members shall be provided sick leave as set forth below: (see R-07 of Reference Section for AP 9.350, Application for Transfer of Vacation and Sick Leave Credit or Payment in Lieu of Vacation).

General Provisions.

a. Earning of Sick Leave

1) Faculty Members earn sick leave at the rate of one and three-quarter (1-3/4) working days or 14 hours for each full month of full-time service.

2) Faculty Members on 9-month appointments shall earn 15.75 days or 126 hours of sick leave credit per academic year. The academic year begins in mid-August and ends in mid-May; therefore, for the purpose of calculating sick leave for the months of August and May, 9-month Faculty shall be credited seven (7) hours for the month of August and seven (7) hours for the month of May.

3) When a Faculty Member renders less than a full month of service, sick leave shall be earned in accordance with the table of earnings shown below:

Actual Days of Service                                                         Working Days of Leave

For 1 to 3                                                                                        0
For 4 to 6                                                                                      1/2
For 7 to 9                                                                                      3/4
For 10 to 12                                                                                      1
For 13 to 15                                                                                   1-1/4
For 16 to 18                                                                                   1-1/2
For 19 or more                                                                             1-3/4

4) Sick leave for part-time Faculty will be prorated on the basis of the FTE percentage.

5) Faculty employed on a temporary, contractual, or substitute basis while on vacation from another position in the State government or any political subdivision of the State shall not earn sick leave allowance for such employment.

6) A Faculty Member shall not accrue sick leave allowance:

a) During the period of any sick leave granted when the employment terminates or is to terminate at the end of such leave;

b) During any period of valid suspension which is sustained in the event an appeal is made by the Faculty Member;

c) During any period of unauthorized leave;

d) During any period a Faculty Member is on sabbatical or study leave; or

e) During the period the Faculty Member is on leave without pay.

7) A Faculty Member shall accrue sick leave allowance during leaves with pay or being paid wage loss replacement under workers’ compensation.

b. Accumulation of Sick Leave

1) A Faculty Member may accumulate earned sick leave. The unused sick leave accumulated shall be credited to the Faculty Member’s account for subsequent use in the event of illness.

2) Unused sick leave may be accumulated without limitation. Sick leave shall be administered on a calendar year basis and recorded at the end of each calendar year.

c. Notification of Illness

1) Notification of absence because of illness shall be given as soon as possible to the Department Chair or other equivalent supervisor (hereinafter referred to as the Chair) on or before the first day of absence, or if impracticable, as soon thereafter as circumstances permit.

2) The Faculty Member shall be required to submit a certificate from a licensed physician for absences of more than five (5) consecutive working days to substantiate the fact that the period of absence was due entirely to sickness and that the Faculty Member is now physically and mentally able to resume the duties of the position. For absences that extend beyond thirty (30) calendar days, the Employer may require the Faculty Member to submit a licensed physician’s certification stating that the Faculty Member is physically or mentally unable to return to work, and indicating approximately how long the Faculty Member’s condition may keep them from being able to work. The Employer may also require the Faculty Member to be examined by a physician of the Employer‘s choice provided the Employer assumes the cost of the physician‘s services.

3) If in the opinion of the Chair, notification has not been given in accordance with this section, the Chair may recommend to the Dean/Director that such absence be charged to leave without pay.

d. Application for Sick Leave

Application for sick leave shall be filed on a UH Form 1 (see R-08 of Reference Section) within five (5) working days after return to duty; provided that in the event such Faculty Member dies before that time or before returning to duty, the executor or administrator of the Faculty Member‘s estate or the University, if it is deemed proper, may file such application within six (6) months after the occurrence of death.

e. Sick Leave Charged Only for Regular On-Duty Days

1) Regular on-duty day is synonymous with regular State of Hawaii work day and does not include holidays and weekends. A regular on-duty day and a duty week for the purpose of determining sick leave pay shall not exceed eight (8) hours a day and forty (40) hours a week.

2) Faculty Members absent from work because of sickness, shall have charged against their sick leave allowance, only regular on-duty days which occur during such absence. For Faculty Members on 11-month appointments, this means any regular on-duty day exclusive of non-duty time.

3) For Faculty Members on 9-month appointments, this means any regular on-duty day during the period beginning with the first official day of the duty period in the Fall and ending with the Spring semester’s commencement, including periods when classes are not scheduled.

f. Sick leave may be allowed for medical, psychiatric, dental, optical, and optometrical examination appointments which the Faculty Member cannot schedule during non-duty time.

g. Sick leave shall be allowed for temporary disabilities as defined under the Equal Employment Opportunity Commission Guideline, Title 29, Chapter 14, Section 1604, of the Code of Federal Regulations.

h. Time-off for physical examinations required by the Employer shall not be charged against a Faculty Member’s sick leave.

i. Lump sum payment is not allowed for unused sick leave when a Faculty Member terminates; however, such sick leave credits shall be transferred to the Employees’ Retirement System (ERS). (See R-07 of Reference Section for AP 9.350, “Application for Transfer of Vacation and Sick Leave Credit or Payment in Lieu of Vacation” September 21, 1990)

E. BEREAVEMENT LEAVE

1. Faculty Members covered by this Agreement shall be allowed three (3) working days as bereavement leave which shall not be deducted from any other leave to which the Faculty Member may be entitled. Bereavement leave shall be granted on such days as designated by the Faculty Member, provided they fall within a reasonable period of time after a death in the immediate family.

2. For the purposes of this Article, immediate family is defined as: parents, siblings, spouse, domestic partner, children. Immediate family shall also include the spouse’s or domestic partner’s children, father-in-law, mother-in-law, grandparents, grandchildren or any individual who has become a member of an immediate family through the Hawaii “Hanai” custom. Provided, however, individuals affected by the “Hanai” relationship shall be entitled to utilize funeral leave only for those members of the immediate family resulting from the “Hanai” relationship.

3. If the death or funeral occurs outside the State of Hawaii, a Faculty Member who earns accumulated vacation leave shall be granted, upon request, a reasonable number of additional days of vacation leave, or if such accumulation is exhausted, of leave without pay. If the Faculty Member does not earn accumulated vacation leave, the Faculty Member may take up to an additional two (2) days of leave, provided that upon return, the duty period is extended at the end of the academic year by that number.

F. FAMILY LEAVE

Faculty Members shall have the right to unpaid family leave of absence in connection with the birth, adoption, or care of a child, or for the care of a spouse, domestic partner, parent, father-in-law, or mother-in-law with a serious health condition, in accordance with the applicable state and federal laws and rules. (See R-09 of Reference Section)

1. Notice of Intent to Take Family Leave

The Faculty Member shall provide the Dean/Director, with a copy to the Department/Division, with at least one (1) month’s notice before taking family leave in every case where it can be anticipated that a leave will be necessary.

In emergencies, Faculty Members are entitled to take family leave without prior notice, provided that the Faculty Member gives verbal notice to the Department/Division Chair so that arrangements can be made for covering the Faculty Member’s professional duties. In such emergencies, the Faculty Member shall give written notice to the Dean/Director within five (5) days after the beginning of the leave. As soon as possible, the Faculty Member shall consult with the Department/Division Chair regarding the scheduling of the remaining leave.

2. Length of Family Leave

Faculty Members may take up to four (4) months of family leave during their duty period within any calendar year. Family leave may be broken into non-contiguous periods of as small as one (1) day.

3. Use of Sick Leave or Vacation

Faculty Members may use accumulated sick leave or vacation for family leave purposes. All other family leave, not credited to sick leave or vacation, shall be leave without pay.

4. Service Credit

Service credit and other employee benefits for periods of family leave shall be in accordance with other applicable provisions of this Agreement relating to paid and unpaid leaves.

5. Non-Discrimination

The Employer shall not discriminate against any Faculty Member on the basis of their use of family leave.

G. HOLIDAYS

1. The following days of each year are established as holidays:

New Year’s Day First day of January
Martin Luther King, Jr. Day Third Monday of January
President’s Day Third Monday in February
Kuhio Day Twenty-sixth day of March
Good Friday Friday preceding Easter Sunday
Memorial Day Last Monday in May
Kamehameha Day Eleventh day of June
Independence Day Fourth day of July
Admission Day Third Friday in August
Labor Day First Monday in September
Veteran’s Day Eleventh day of November
Thanksgiving Day Fourth Thursday in November
Christmas Day Twenty-fifth day of December

All election days, except primary and special election days, in the county wherein the election is held.

Any day designated by proclamation by the President of the United States or by the Governor as a holiday.

2. If any of the holidays falls on Sunday, the following Monday shall be observed as a holiday. If such a day falls on a Saturday, the preceding Friday shall be observed as a holiday.

3. Holidays shall be credited toward the accrual of vacation and sick leave.

H. LEAVE FOR JURY OR WITNESS DUTY

1. Faculty Members covered by the terms of this Agreement, if summoned to serve as a witness or juror in any judicial proceedings, except those which may involve or arise out of the Faculty Member’s outside employment or their personal business or private affairs, shall, if they serve, be entitled to leave of absence with pay.

2. Faculty Members who serve as a witness or as a juror, and who receive a fee and/or mileage allowance, shall be allowed to retain such payments and not have it offset against their salary.

3. Faculty Members called to serve as a witness in cases which may involve or arise out of their outside employment or personal business or private affairs shall not be entitled to leave of absence with pay as provided in Paragraph 1. above, provided that they shall be entitled to use annual vacation leave, leave without pay, or outside employment time as provided in Article III.B. of this contract.