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Policy 1338
Faculty Leave

Date of Current Revision: July 2011
Responsible Officer: Director of Human Resources

1. PURPOSE

This policy provides a uniform method for faculty members to take leave from work.

2. AUTHORITY

The JMU Board of Visitors is responsible for policies related to the employment of JMU faculty members. The board designates the president with the responsibility for the day-to-day management of those policies and, therefore, the establishment of a leave policy for faculty members.

3. DEFINITIONS

Administrative Leave:
Leave granted to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor.

Annual Leave:
Typically referred to as "vacation." This does not include such special provisions as educational leave or administrative leave.

Compensatory Leave:
Leave granted to a faculty member who is required to work on a scheduled holiday or inclement weather day.

Disability Leave:
Leave granted to an employee who has a qualified, documented disability as an accommodation under the ADAAA (Americans with Disabilities Act Amendments Act) to ensure equal access and equal opportunities with regard to university employment.

Educational Leave:
Leave granted to a faculty member to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal.

Emergency/Disaster Leave:
Leave granted to employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster.

Family and Medical Leave:
Leave granted following

  • the birth of a child or the placement of a child with the employee for adoption or foster care,
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition,
  • because the employee's own serious health condition makes him or her unable to do his or her job
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation; or up to 26 weeks of leave to care for a spouse, child, parent or nearest blood relative with an illness or injury incurred in the line of duty while in the Armed Forces,.

Leave Through Peer Coverage:
The allowance for a faculty member to be absent from work and be paid during the absence, with the stipulation that his or her critical assignments and work will be completed by other employees.

Military Leave:
Leave granted for federally funded military duty.

Political Activity Leave:
Unpaid leave granted to serve on an election campaign or to serve a term of office.

Sick Leave:
Leave taken when the faculty member is unavailable to work due to illness.

Workers Compensation Leave:
Leave granted to an employee for a certified job-related illness or injury.

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent (50%) of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, dean, assistant or associate vice president or dean, assistant or associate vice provost. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy, and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Faculty:
References to "all faculty members" or simply "faculty" in this policy refer to:

  • All full-time instructional faculty, both those on 12-month and 10-month contracts
  • All full-time administrative & professional faculty members

Instructional Faculty:
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

12-month Instructional Faculty:
Instructional faculty members who are not employed on the standard academic year faculty contract but instead are contracted on a12-month basis.

10-month Instructional Faculty:
Instructional faculty who are employed on the standard academic year instructional faculty contract.

4. APPLICABILITY

This policy applies to all faculty members as well as those who supervise them.

5. POLICY

Classification

Sick Leave

Annual Leave

10-month faculty enrolled in VSDP

VSDP

None

12-month faculty enrolled in VSDP

VSDP

Peer coverage

10-month faculty not enrolled in VSDP

Peer Coverage

None

12-month faculty not enrolled in VSDP

Peer Coverage

Peer Coverage

A&P Faculty enrolled in VSDP

VSDP

20 days annually

A&P Faculty not enrolled in VSDP

Peer Coverage

20 days annually

Less-than-12-month A&P Faculty

Peer Coverage

Pro-rated amount

5.1 Supervisor Approval
All leave, paid or unpaid, must be approved in advance (unless an emergency makes an advance request for leave impossible) by the supervisor.

5.2 Compensation for Unused Leave
There is never payment for unused sick leave or annual leave for faculty members.

5.3 Sick Leave for All Faculty Members Not Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program (VSDP)
Faculty members not enrolled in the VSDP will only be eligible for paid leave for qualifying illness through the peer coverage process and any limitations on sick leave granted will be related to the availability of peer coverage and the supervisor's approval of the duration.

5.4 Sick Leave for All Faculty Members Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program
Faculty members who enroll in the Virginia Retirement System and the Virginia Sickness and Disability Program will have sick leave and disability-related benefits as provided by the VSDP and are not eligible for peer coverage provisions. Faculty members may choose either VSDP or peer coverage, but not both. Specifics of the VSDP program are available on-line.

5.5 Annual Leave for Administrative & Professional Faculty Members
Full-time administrative and professional faculty members may receive approval to use 20 paid workdays for annual leave each fiscal year. Administrative and professional faculty members with contracts of less than 12 months receive a prorated amount (1.67 days per month) of annual leave. Administrative and professional faculty member may not carry leave over from one fiscal year to the next. The prorated amount may apply to appointments for less than 12 months as well as those hired during the academic year.

5.6 Annual Leave for 12-month Instructional Faculty Members
All 12-month Instructional Faculty members may receive paid leave, whether annual, educational leave, etc., through the approval of their supervisor and the peer coverage process. (For more details on leave provisions for instructional faculty, such as educational leave, please see the University Faculty Handbook).

5.7 Annual Leave for less-than-12-month Instructional Faculty Members
Less-than-12-month Instructional Faculty members are not eligible to receive paid annual leave.

5.8 Family and Medical Leave
Faculty members may be eligible for up to 12 weeks of paid or unpaid family/medical leave

  • following the birth of a child
  • the placement of a child with the employee for adoption or foster care
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition
  • because the employee's own serious health condition makes him or her unable to do his or her job,
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

Faculty members may be eligible for up to 26 weeks of leave to care for a spouse, child, parent or being the nearest blood relative to the injured service member with an illness or injury incurred in the line of duty while in the Armed Forces.

Departments are responsible for notifying Human Resources for any faculty member's approved FMLA qualifying leave. For details, see Policy 1308, Family and Medical Leave.

5.9 Disability Leave
Faculty members who have a qualifying, documented disability may be eligible for paid or unpaid leave as an accommodation to ensure equal access and equal opportunities with regard to the university employment. For details, see Policy 1331, Disabilities and Reasonable Accommodations.

5.10 Educational Leave
Paid Educational Leave is granted to approximately 20 faculty members each year. Grants of education leave provide opportunities for faculty members to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal. For details, see Faculty Handbook, Section III.J.1.a.(1).

5.11 Emergency/Disaster Leave
Faculty members may qualify for paid leave if they are employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster. For details, see Policy 1113, Emergency/Disaster Leave.

5.12 Compensatory Leave
Faculty members are considered exempt from the overtime provisions of the federal Fair Labor Standards Act, and are not eligible for compensatory leave, except for hours worked on a scheduled holiday or inclement weather day. For details, see Policy 1303, Provisions for Granting Overtime & Compensatory Leave.

5.13 Workers Compensation Leave
Faculty members may be eligible for Workers compensation leave if they suffer a work-related illness or injury. For details, see Policy 1312, Workers Compensation/Return to Work.

5.14 Administrative Leave
Faculty members may be eligible for administrative leave to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor. Such leave may be paid or unpaid, depending on the circumstances. For details, see Faculty Handbook, Section III.J.1.a.(2).

5.15 Military Duty Leave
Faculty members may be eligible for military duty leave for federally funded military duty. For details, see Faculty Handbook, Section III.J.1.a.(5).

5.16 Political Activity Leave
Faculty members may be eligible for unpaid leave for political activity, on an individually negotiated basis. For details, see Faculty Handbook, Section III.J.1.b.(1).

5.17 Personal Leave
A faculty member may be granted a leave with or without pay with the approval of the department head, dean, AVP, vice provost and provost & senior vice president for academic affairs for personal reasons. For details, see Faculty Handbook, Section III.J.1.b.(3).

6. PROCEDURES

6.1 Leave Tracking<
All faculty members enrolled in both the VRS and VSDP must track any sick leave used through a tracking report, which must be signed by the supervisor and submitted annually to Human Resources.

6.2 Requests for Leave
A faculty member who is requesting leave must make the request in a timely manner to allow the faculty member's supervisor an opportunity to arrange for coverage of the faculty member's duties and obligations during the term of the leave. If an emergency prohibits a timely request, the supervisor must be notified as soon as possible of the request for leave.

The supervisor must notify Human Resources of the faculty member's request for use of family and medical leave. Human Resources will determine whether the faculty member meets the eligibility criteria. The supervisor must notify the faculty member in a timely manner if the request is being granted.

If the faculty member is not eligible for the leave requested or if the leave is not approved, the supervisor will notify the faculty member as soon as possible. Any absence of the faculty member from regular duties that is not pursuant to approved leave may be considered a disciplinary matter.

7. RESPONSIBILITIES

Supervisors are responsible for approving and overseeing their employee's use of leave under the provisions of this policy. They are also responsible for ensuring that the leave report is appropriately signed and submitted to Human Resources by the end of each month in which the faculty member enrolled in VSDP uses sick leave.

Faculty members are responsible for complying with this policy; including reporting and tracking leave as described in this policy. They are also responsible for requesting leave in a timely manner, unless an emergency makes a timely request impossible.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

10-month faculty members, part-time faculty members and adjunct faculty members are not eligible for paid annual leave.

This policy does not apply to part-time faculty, adjunct faculty, graduate assistants, classified employees or wage employees.

Faculty members enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program before August 1, 2002 will be allowed to continue in the sick-leave-through-peer-coverage program. All other faculty members who enroll in the Virginia Retirement System must choose between either sick-leave-through-peer-coverage or the Virginia Sickness and Disability Program.

10. INTERPRETATION

The interpretation of this policy is the responsibility of the president and is normally delegated to the Director of Human Resources.

Previous Version: August, 2009
Approved by the President: July, 2001

Index Terms
Administrative Leave
Administrative and Professional Faculty Leave
A&P Faculty Leave
Annual Leave
Compensatory Leave
Disability Leave
Educational Leave
Emergency/Disaster Leave
Faculty Leave
Faculty Sick Leave
Family and Medical Leave
Instructional Faculty Leave
Leave
Military Leave
Political Activity Leave
Sick Leave
T&R Faculty Leave
Workers Compensation Leave