The University will administer a uniform procedure for accruing and reporting annual leave. The Payroll Department shall maintain accurate records of leave earned and taken on a current basis.
Annual leave earned during any pay period shall be credited to the employee on the last day of that pay period. During leaves of absence with pay, an employee shall continue to earn annual leave credits, except when an employee is granted educational leave with pay.
Annual leave shall not be used unless authorized by the immediate supervisor.
Annual leave for full-time employees shall be as follows. An academic year employee (9 months), an employee appointed for less than 9 months and OPS employees shall not accrue annual leave. Hours of accrual for Support Personnel employees is based on years of creditable service and such service shall be awarded as one month of service credit for each calendar year that the employee is on the payroll of a University or other State agency or during authorized unpaid leave.
Hours Accrued During Pay Period
|Year End Maximums||Maximum Transferable||Maximum Payment|
|Support Personnel (Months of Service)|
0 - 6
7 - 60
61 - 120
Part-time employees shall earn annual leave in proportion to the hours worked during the pay period. An employee who uses annual leave in an amount which is less than a full hour shall be charged with such leave to the closest quarter hour.
An employee may accrue annual leave in excess of the year end maximum during a calendar year. Employees with accrued annual leave in excess of the year end maximum as of December 31, shall have any excess converted to accrued sick leave on an hour-for-hour basis on January 1 of each year.
The use of annual leave shall not cause an employee to exceed 40 hours during the workweek.
While on annual leave or other leave with pay, an employee may not be employed elsewhere unless the requirements for outside activity and if appropriate, extra State compensation have been met.
Upon transfer from an annual leave-accruing position to a non-leave-accruing salaried position, the employee shall be paid for unused annual leave, unless the employee elects to retain all unused annual leave, for up to two years.
Upon separation, an employee shall be paid for up to the year end maximum of unused annual leave. Upon re-employment by FGCU within 100 days or upon recall by the University within one year, all unpaid annual leave shall be restored and any annual leave paid at time of separation shall be restored upon repayment.
Florida law requires the University to allow employees to take three (3) working days of leave, either consecutively or intermittently, within a 12-month period if the employee or a family or household member is the victim of domestic violence and if the leave is sought for specific reasons related to the domestic violence. This policy covers Faculty, A&P, Support Personnel and OPS employees who have been employed for at least three (3) months.
The University must provide leave to an employee who is the victim of domestic violence in order to:
Except in cases of imminent danger, the employee is required to provide advance notice to the Human Resources Department and may be required to provide Human Resources sufficient documentation of the domestic violence. The employee is required to use any available accrued leave. In the event the employee does not have sufficient leave, or does not accrue leave, to cover the domestic violence leave period, the leave will be unpaid.
For purposes of this policy, working day is defined as the employee’s regularly approved work shift which could be more than eight (8) hours.
In the event the employee needs to be absent from work more than the three (3) days as provided by this policy, he/she should refer to other University leave policies and procedures as appropriate.
The University is required to keep all information relating to the leave confidential. The request for leave, supporting documentation submitted by the employee, and any timesheet or leave request form reflecting the request for leave are exempt from state public records disclosure requirements until one year after the leave is taken. This documentation is to be maintained in the Human Resources Department filed separate from the employee’s official personnel file.
Under no circumstances can the University and/or supervisor take any disciplinary action against the employee related to the use of the domestic violence leave.
Specific Authority 741.313, F.S. History - New 7/1/07
Family and medical leave provides employees with leave in connection with the birth of a child, placement of a child for adoption or foster care, to care for a sick or disabled family member or for an employee's serious health condition. An employee who follows the procedures outlined herein is entitled to 12 weeks of family and medical leave within a 12 month period. This policy shall be construed as to ensure compliance with the minimum requirements of the Family and Medical Leave Act of 1993.
Family Leave shall mean leave used in connection with the birth of a child, or placement of a child for adoption or foster care. (Also refer to University Parental Leave Policy)
Medical Leave shall mean leave used for the care of ill or disabled children, spouse, parents or parents-in-law, or for the recuperation from a serious health condition that makes the employee unable to perform any one or more of the essential functions of the position.
Child shall mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age; or 18 years of age or older and incapable of self-care because of a mental or physical disability.
Spouse shall mean a husband or wife of an employee as defined or recognized under Florida law for the purposes of marriage.
Parent shall mean a biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child.
Parent-in-law shall mean a parent of an employee's spouse.
In loco parentis shall mean those persons with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
Serious health condition shall mean an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.
Continuing treatment shall mean treatment which includes two or more visits to a health care provider; two or more treatments by a health care practitioner on referral from, or under the direction of, a health care provider; or a single visit to a health care provider that results in a regimen of continuing treatment under the supervision of a health care provider (for example, a course of medication or therapy to resolve the health condition).
Incapable of self-care shall mean that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" (ADL's). ADL's include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Physical or mental disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual (as defined in 29 C.F.R. Part 1630).
a) Employee Request for Leave/Notification of Non-Return
1) Whenever the need for family and medical leave is foreseeable, the employee shall notify his or her supervisor as soon as possible and practicable. Ordinarily, the request should be in writing and at least 30 days in advance of when leave is to begin.
2) If the need for family or medical leave is not foreseeable, the employee shall notify his or her supervisor as soon as possible and practicable. If requested by the supervisor, the employee shall provide a written medical statement when requesting medical leave.
3) Employees who do not plan to return to work at the expiration of family or medical leave should notify their supervisor no later than the expiration of the leave. Failure to return to work without giving adequate notice may result in the conversion of the resignation to an unsatisfactory service separation.
4) The University must notify the employee when leave is charged against the employee's FMLA entitlement. Attachment A may be used and must be sent to the employee within two (2) days of either the employee's request for leave under this Act, or the university's determination that leave qualifies under the Act.
b) Leave Entitlement/Usage
1) If requested, family and medical leave must be granted to any faculty, A&P or Support Personnel employee for a period of up to twelve weeks during a twelve month period. OPS employees who have worked at least 1,250 hours in the 12 months prior to leave shall be eligible for family and medical leave. The twelve month period shall be from July 1 - June 30.
2) For part-time employees (employees that work less than 1.0 FTE) and those who work variable hours, the family and medical leave entitlement is calculated on a pro-rata or proportional basis.
3) Nothing in this procedure shall prohibit the employee from requesting and the university approving leave in excess of 12 weeks.
4) Family and medical leave may include any combination of sick, annual, or leave without pay.
5) Sick leave usage is governed by the existing university sick leave policies.
6) Nothing in this policy shall prohibit an employee from requesting additional leave for which he or she may be entitled, including the Sick Leave Pool.
c) Family Leave
1) Family leave used in connection with the birth or the placement of a child for adoption or foster care must be completed within twelve months of the date of the birth or placement of the child.
2) Family leave may be taken intermittently or on a reduced schedule, only with the supervisor's approval.
3) At the discretion of the appointing authority, an employee requesting family leave may be required to use accrued annual or compensatory leave prior to use of leave without pay.
d) Medical Leave
Generally, where inpatient care is not involved, absences of more than 3 days (and requiring the continuing treatment of a health care provider) for the employee's serious health condition or for the care of a sick family member, shall be considered eligible for medical leave. Medical leave shall be granted on an intermittent basis or on a reduced work schedule if certified as necessary by the health care provider.
1) Prenatal care is explicitly included; routine physical exams are explicitly excluded.
2) Employees may request medical leave as needed under this policy but are guaranteed medical leave only so long as the cumulative total of family and medical leave absences does not exceed twelve weeks during a twelve month period.
3) Nothing in this policy limits the right of employees to request sick leave in order to provide the necessary care and attendance to a sick family member under existing sick leave policies.
4) An employee may be required to provide medical certification from a health care provider indicating the need for medical leave, the continuation of medical leave, and/or the ability of the employee to return to work.
i) Medical certifications must state in the case of the employee's serious health condition, that he or she is unable to perform the functions of the position.
ii) Where the employee is requesting medical leave to care for a seriously ill family member, the health care provider must either certify that the third-party care is required or that the employee's presence would be beneficial to the patient. Such certification, in conjunction with an employee's statement of the care he or she will provide, will be sufficient to satisfy this requirement.
iii) If intermittent leave or leave on a reduced schedule is required, the medical certification must describe the treatment regimen provided (i.e., doctor's visits, therapy, etc.). Attachment B may be reproduced and used for medical certification.
5) At the discretion of the appointing authority, employees requesting medical leave may be required to use accrued sick, and annual leave prior to use of leave without pay.
e) Continuation of Benefits
During the leave period, the University will continue coverage under the health insurance plan in which the employee is participating prior to going on leave, at the level and under the conditions coverage would have been provided if the employee had not gone on leave.
1) Employees on family or medical leave whose health insurance coverage level changes (i.e., individual to 2 party) are responsible for filing the appropriate health insurance forms within the specified time period. Employees whose coverage level increases are responsible for the increased employee contribution.
2) Employees on family or medical leave are responsible for the payment of the employee contribution for health insurance.
i) If the employee is in a paid leave status, the employee's share will continue to be paid through payroll deduction.
ii) Employees on family or medical leave who are in leave without pay status may continue coverage for their health, life, and other supplemental insurance. Payment must be made by personal check or money order. Special arrangements for premium payments can be made by contacting the Office of Human Resources.
3) Health insurance coverage will be canceled after the required payment is more than 30 days late.
4) If health insurance coverage lapses due to non-payment of the required premium or employee cancellation of coverage, the employee may request restoration of health insurance upon return from leave. Health insurance coverage will be restored effective the date the employee returns from family or medical leave. A written request to restore health insurance must be received by the Office of Human Resources within 60 days of returning to work.
5) Employees who terminate employment while on family or medical leave will be eligible for COBRA (continuation of health insurance coverage) if they meet COBRA eligibility requirements. The effective date for COBRA coverage will be based on the last month that premiums were collected.
f) Return to Former Position
An employee on family or medical leave must be returned to his or her former position, or an equivalent.
Any exception to this provision requires the approval of the Human Resources Director prior to the employee's return to work. Departments requesting permission to return an employee to a different but equivalent position must provide the Human Resources Director with detailed justification of the reason the employee cannot be returned to his or her former position.
g) Record Keeping/Time and Attendance
Departments are responsible for maintaining records of family and medical leave and for tracking the amount of family and medical leave used within the twelve month period.
1) In addition to the type of leave requested (annual, sick, compensatory, or leave without pay), the timesheet or the leave request form should include a notation that the absence is for family and/or medical leave. Attachment C may be reproduced and used to track individual employee usage of family and medical leave.
2) When leave is taken intermittently or on a reduced schedule, only the time actually taken as family and/or medical leave may be charged against the employee's entitlement.
An employee will not accrue any additional "seniority" credit during unpaid family or medical leave and will be treated the same as employees who are on leave without pay for any other purpose.