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Article VII, Leaves Without Pay

A. LEAVE WITHOUT PAY FOR PROFESSIONAL IMPROVEMENT

1. Leaves of absence without pay for professional improvement may be granted where such leave is determined to be to the advantage of the University, provided a satisfactory temporary replacement can be secured. Such leaves will not be granted for periods longer than one (1) year at a time. Leaves without pay which exceed one (1) month are creditable toward sabbatical leave credit if there is a prior agreement in writing.

2. Professional improvement leaves are granted only in cases where the recipients will enhance their value to the University by deliberately seeking to improve their professional abilities. In these leaves, the improvement of the recipient’s professional abilities must be primary and direct, and not a secondary or incidental consequence, such as may result from employment by an outside agency.

a. If the support for the leave is provided by the recipient, then the recipient’s statement of purpose establishes whether the primary purpose is professional improvement.

b. If support is provided by an outside agency, then the agency’s reason for providing support defines the primary reason of the leave.

c. Fellowships and foundation grants awarded to enable recipients to pursue the kind of research, scholarship, and creative work which improve their professional abilities and so enhance their value to the University are considered to be for professional improvement.

B. LEAVE WITHOUT PAY FOR PERSONAL REASONS

1. Leave without pay may be granted to a Faculty Member for the purpose of engaging in activities judged by the Employer to be to the advantage of the University, but which do not qualify for leave without pay for professional improvement, provided that a temporary replacement satisfactory to the Employer can be secured. Such leaves shall normally not be granted for more than one (1) year at a time.

2. Personal leave may also be granted to a Faculty Member for compassionate reasons, provided that a temporary replacement satisfactory to the Employer can be secured. Such leaves shall not be granted for more than ninety (90) days at a time. When such leaves are of an emergency nature, approval shall not be unreasonably withheld.

3. Leaves without pay for personal reasons are not creditable toward sabbatical leave.

C. SUBSTANCE DEPENDENCY REHABILITATION LEAVE

1. Substance dependency rehabilitation leave for alcohol and/or drug abuse or dependency may be granted by the Employer in accordance with the following:

a. Substance dependency rehabilitation leave shall be leave without pay for personal reasons; however, a Faculty Member may elect to apply accrued sick leave to the period of the substance dependency rehabilitation leave, subject to the applicable sick leave provisions of this Agreement.

b. The Employer may reduce the Faculty Member’s workload to accommodate the demands of the rehabilitation program, and thus facilitate recovery.

c. Substance dependency rehabilitation leave shall not be granted for more than six (6) months.

d. The Faculty Member is expected to meet all standard professional requirements for any work performed during the rehabilitation period.

e. Upon satisfactory completion of a qualified substance dependency rehabilitation program, any period of substance dependency rehabilitation leave shall not constitute a break in service.

2. Whenever a Faculty Member afflicted with alcohol and/or drug abuse or dependency participates in a rehabilitation program, the cost of the program, if any, shall be the responsibility of the Faculty Member.

D. MILITARY LEAVE

  1. A Faculty Member whose appointment is expected to continue indefinitely or for a significant period of time shall be entitled to military leave without pay for the purpose of performing duties with the uniformed services.
  2. Notwithstanding Paragraph E. below, applications for military leave may not be required if, pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 38 U.S.C. §§ 4301-4335 (USERRA), advance notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
  3. Faculty Members who are granted military leave without pay may elect to apply accrued vacation leave to the period of otherwise unpaid military leave, subject to the applicable vacation leave provisions of this Agreement.
  4. Upon conclusion of the military leave without pay, eligible Faculty Members shall be entitled to reemployment rights in accordance with USERRA.
  5. Administration and enforcement of military leaves shall be in accordance with applicable laws and regulations.

E. APPLICATIONS

Applications for leave without pay must be submitted through the Chair to the Dean/Director or Vice Chancellor with a statement of the reason for such leave. The Dean/Director or Vice Chancellor shall note a recommendation on each application and shall forward each to the Chancellor or Provost.

When possible, applications other than for leaves without pay of an emergency nature should be initiated at least six (6) months in advance of the desired effective date.