The earning rate is governed by the length of time the employee has been employed by the College (to a maximum of twenty days for non-exempt employees and 25 days for exempt employees). The first year of base rate will be established by the administration of the College at the time of employment. Full-time non-exempt employees (staff) accrue vacation leave at a rate of 10 days per year; full-time exempt employees who are not faculty (executive, administrative, and professional) accrue vacation at a rate of 15 days per year. Starting the sixth year of employment, vacation accrual increases one day each year for the next succeeding ten years and will then remain constant unless determined otherwise by the administration. The date the employee begins work determines the start of earning. On December 31 any balance over 240 hours will be written off of the accrual.
Except in emergency situations, use of annual leave must be scheduled well in advance of the time desired in order to permit the minimum of disruption in the work routine of the department and must be approved by the immediate supervisor of the employee. It is the responsibility of the person taking leave to initiate the reporting procedure by completing and submitting a request for use of vacation leave form.
Use of vacation time is reported in hours. An employee working a 7.5-hour day would report a full day off as 7.5 hours. An employee working an 8-hour day would report a full day off as 8 hours. All faculty should report 8 hours on their leave slips if they are gone a full day. An employee's CSI employee number must also be noted on the leave slip rather than the Social Security number formerly required. This number appears in the upper left-hand of each paycheck stub.
Unused vacation time and comp time will be compensated the month following termination or retirement of an employee of the College of Southern Idaho.
Vacation leave over your accumulated amount will be deducted from your paycheck.
When the President grants administrative leave with pay such as an early closure prior to a holiday, a person may not use such administrative leave instead of scheduled vacation time off. If a person works when the College is given administrative leave with pay, compensatory time is earned.
Sick leave is an insurance against loss of pay because of illness or accidents. Sick leave is earned by regular full-time employees of the College at the rate of eight hours per months worked. Sick leave for eligible employees working less than 40 hours per week will be pro-rated.
Use of sick leave must be confirmed and approved by your supervisor. It may be used in the event of illness, death in a family, or other medical emergency situation as approved by the employee's supervisor. Sick leave is not intended to be used indiscriminately. Consistent with the Family Medical Leave Act, the supervisor may ask for medical certification. Sick leave is not payable upon termination of employment.
Approval for absences to be charged to sick leave must be evidenced by a signed and approved Request for Use of Leave slip (the pink form). Accumulated sick leave is posted on your check or direct deposit stub.
Use of sick leave shall be reported in hours. Any sick leave over your accumulated amount will be charged against annual leave. If no annual leave has been accumulated, then sick leave over your accumulated amount will be deducted from your paycheck.
The college cannot accept transfer of previously earned sick leave balances from other PERSI employers. There is no provision in PERSI statutes authorizing transfer of sick leave between a community college district and a school district, city municipality, or state entity to be used in the sick leave program.
For information regarding converting accumulated sick leave at retirement to cover health insurance premiums, see 3.15.08 Retirement System & Sick Leave.
Leave Request Form
Certification of Health Care Provider for Employee’s Serious Health Condition
Certification of Health Care Provider for Employee Family Member’s Serious Health Condition
Certification of Qualifying Exigency (QE) for Military Family Leave
Certification for Serious Injury or Illness of Covered Service member for military Family Leave
Release to Work Form
The Family and Medical Leave Act (FMLA) is a federal law which entitles eligible employees to unpaid, job protected leave, under qualifying circumstances, as follows: (1) for a qualifying health condition of the employee or a family member; (2) for the birth or adoption of a child; and (3) for specific purposes to family members of qualifying military service members.
To qualify for FMLA leave, the employee must meet eligibility criteria, must submit a written request, and upon return to work must provide a medical release (as appropriate).
In the event an employee does not request FMLA leave for time off work for a qualifying health condition, the College will designate the employee’s absence as FMLA leave (as appropriate).
The College of Southern Idaho must notify employees of their rights under the FMLA. To meet this requirement, CSI must post in a prominent place in the workplace the Family and Medical Leave Act Poster and the FMLA Poster Insert for Military Leave Amendments. In addition, CSI must either: (1) include the information contained in the Family and Medical Leave Act Poster and the FMLA Poster Insert for Military Leave Amendments in its employee handbook; or (2) provide a copy of the information contained in the Family and Medical Leave Act Poster and the FMLA Poster Insert for Military Leave Amendments to each new hire.
This policy is not intended to be all-inclusive. The exceptions and unique situations regarding FMLA benefits are too numerous and complex to address in a single policy. Consultation with Human Resources is strongly encouraged.
Employee Eligibility
An employee must meet the following criteria to be eligible for FMLA leave:
*If an employee has a break in service of more than seven (7) years, time worked prior to rehire/reinstatement following that break in service does not count towards the twelve-month eligibility requirement (unless the break in service was due to the employee’s National Guard or Reserve military service obligations).
Quantity of and Allowable Purposes for FMLA Leave FMLA provides leave to employees for the following six circumstances:
*”Next of kin” refers to the nearest blood relative of the individual, other than the service members spouse, parent, or child, in the following order of priority: (1) individuals designated in writing by the service member as next of kin for purposes of this provision of the FMLA; (2) blood relatives who have been granted legal custody of the service member by statute or court authority; (3) siblings of the service member; (4) grandparents of the service member; (5) aunts and uncles of the service member; (6) first cousins of the service member.
Definition of “Serious Health Condition”
A “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:
*“Incapacity,” for purposes of FMLA, is defined to mean inability to perform one or more of the functions of one’s job, attend school, or perform other regular daily activities due to the serious health condition, treatment for that condition, or recovery from that condition.
*Please refer to Footnote 3 for definition of incapacity.
On at least two occasions that occur within thirty days of the first day of incapacity (unless extenuating circumstances exist) with the initial visit occurring within seven days of the first day of incapacity; or
Within seven days of the first day of incapacity and resulting in a regimen of continuing treatment under the supervision of the health care provider.*
*Continuing treatment is further defined as either (1) Treatment two or more times by a healthcare provider; or (2) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment. A regimen of continuing treatment includes, for example, a source of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-county medications such as aspirin, antihistamines, or salves; or bed0rest, drinking fluids, exercise, and other similar activities that can be imitated without a visit to a health care provider.
Types of FMLA Leave There are two types of FMLA leave: continuous and intermittent/reduced work schedule.
Continuous FMLA Leave. An employee, who is off work entirely for a single qualifying reason, is on continuous FMLA leave.
Intermittent FMLA Leave. Intermittent FMLA leave (or a reduced work schedule) is leave taken in separate blocks of time, interspersed with periods of work, due to a single qualifying reason. For example, an employee may request intermittent FMLA leave or a reduced work schedule for: transporting a family member to a medical care facility, filling in for primary caregivers, making arrangements for changes in care, periodic medical treatments, or episodic chronic illnesses/treatment (i.e.: chemotherapy treatment).
Employees requesting intermittent leave or reduced work hours should schedule their leave so as to disrupt CSI’s operations as little as possible. Employees should, when possible, submit a schedule disclosing their planned leave. Anticipated leave which was not actually taken will not be counted against the employee’s FMLA hours.
Employees on intermittent leave may be temporarily transferred to another similar position, if the transfer helps to accommodate the employee’s intermittent leave, until the need for intermittent leave no longer exists.
Intermittent leave related to birth, adoption, or foster care is only available with HR and the supervisor’s approval. In approving or denying the employee’s request for intermittent FMLA leave, HR should consider the business needs of the college.*
*CSI has the right to require the employee to temporarily transfer to another equivalent position while on intermittent leave to least disrupt business.
In cases where intermittent or reduced work schedule FMLA leave is for birth, adoption, or foster care, use of intermittent FMLA leave cannot exceed a period of six (6) months regardless of the number of FMLA hours used.
Calculating Eligibility
The College of Southern Idaho uses a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes FMLA leave, the amount of leave taken shall be computed and subtracted from the available weeks of leave. The balance remaining is the amount the employee is entitled to take at that time.
FMLA and Worker’s Compensation
While an employee is on leave related to a workers’ compensation injury CSI may designate the employee’s leave as FMLA leave.
If an employee on workers compensation leave is approved for modified or light duty work but remains qualified for FMLA leave, he or she may still choose not to work and to instead use FMLA leave. However, refusal of the modified or light duty work may lead to loss of worker’s compensation benefits.
FMLA Procedures
Advance Notification Required. When the employee knows in advance of the need to take FMLA leave, the employee must give CSI 30 days notice prior to taking such leave. Notice shall include the anticipated start date of the FMLA leave, and the expected duration of the leave. Employees are to use the “FMLA Leave Request” form for this purpose.
Impromptu Leave. In situations where advance notification is not practicable, the employee shall notify CSI as soon as feasible. “As soon as feasible” would ordinarily mean the employee provides verbal notification to the employer within one business day of the employee knowing of the need for FMLA leave.
If the employee is unable to complete the “FMLA Leave Request” form to request unforeseen FMLA leave, HR shall complete the form on the employee’s behalf.
If an employee is unable to provide notice, an employee’s friend or family member, acting on the employee’s behalf, may notify the employer of the employee’s need to take FMLA leave. Such notice may be communicated via phone call, fax, mail, or E-mail. In such situations, HR shall complete the “FMLA Leave Request” form on the employee’s behalf.
To expedite the processing of the leave request, employees are encouraged to furnish the physician’s statement with their completed “FMLA Leave Request” form. Ultimately, the employee must return the completed medical documentation within 15 days from the date of the leave request, unless a request for extension was received and approved. If an employee fails to provide medical documentation, FMLA leave may be denied.
In situations where FMLA leave was unforeseen, CSI shall request certification within two business days after the leave commences. The employee then must provide the medical certification within 15 days of receipt of the employer’s request.
In cases where medical certification is required, the certification must be complete and sufficient. If CSI finds that the medical certification provided by the employee is incomplete (one or more of the applicable entries have not been completed) or insufficient (the information provided is vague, ambiguous, or inconclusive), CSI shall notify the employee in writing of the additional information needed to make the certification complete and sufficient. The employee shall have seven (7) days (unless not practicable despite the employee’s diligent efforts) to cure the deficiencies. Failure by the employee to do so may result in denial of FMLA leave.
To determine the extent of an employee’s serious health condition, if the first medical certification appears to lack validity, CSI may request a second opinion. If the second opinion is different from the first opinion, CSI may request a third medical opinion. The third opinion will be binding. If CSI requests second and third opinions, they will be paid for by CSI.
• Whether medical certification is required, and the consequences for failure to provide such medical certification;
• Whether certification to verify a Qualifying Exigency is required, and the consequences for failure to provide such certification; and
• Whether a “fitness for duty” certification is required for the employee to return to work, and the consequences for failure to provide such a certification.
Note that, if a “Fitness for Duty” certification will be required upon return to work, the employee must be notified of that requirement in advance writing, on the “Response to FMLA Request” memorandum. If CSI wishes the “Fitness for Duty” certification to address the employee’s ability to meet essential job functions, CSI must provide the employee with a list of the essential job functions in conjunction with the Designation Notice.
Benefits and Employee Rights
While on FMLA leave, the employee’s health and dental benefits will remain unchanged. Thus, the employee will remain responsible for their share of the monthly health and dental premiums. However, if the employee is not receiving a sufficient paycheck, he or she must arrange to pay the employee’s portion of health and dental insurance premiums. If the employee does not return to work after FMLA leave for reasons beyond their medical condition, CSI can require the employee to reimburse the College’s share of the premiums paid during the employee’s FMLA absence.
An employee’s use of FMLA leave cannot result in the loss of any employment benefits that the employee earned or to which he or she was entitled before using FMLA leave.
Use of FMLA leave cannot be counted against the employee for any disciplinary action regarding attendance.
Upon return from FMLA leave, employees are entitled to be restored to the position they held prior to the FMLA leave, or to be restored in a substantially equivalent position with substantially equivalent benefits, pay, and other terms and conditions of employment.
See also Your Rights Under the Family and Medical Leave Act of 1993 by the US Department of Labor.
(Added: 7/08) New Leave Entitlement
An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This provision became effective immediately upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm .
Memo of Understanding: Teaching During Normal Working Hours
The College strongly encourages all employees to maximize their educational opportunities and will fully support employees in their educational pursuits.
Leave with pay may be allowed to employees to attend conferences and professional meetings, provided arrangements are approved by the supervisor in advance. Travel expenses and per diem allowances may or may not be provided. All allowances for travel and per diem must be approved in advance by your supervisor.
Based upon the needs of both the College, staff may wish to enroll in or be employed to teach courses for which they possess the necessary skills and qualifications. Staff must recognize that the operational needs of their work areas must take precedence over release time for classes.
The following guidelines have been set concerning educational and instructional release time for staff:
These guidelines are intended to provide consistency campus wide and to insure all staff are treated equally concerning release time.
(Rev: 12/04; 7/07)It is expected that each individual requesting sabbatical leave for the following year will submit a written application to the President by December 1. It is suggested that this report be planned in consultation with the President. The application should be accompanied by a statement detailing goals, objectives and a program of study which the applicant proposes to follow while on leave. Upon completion of the sabbatical, each employee will submit to the President a written report on the completion of his or her stated goals and objectives. When formal college credit has been earned during the leave, an official transcript will also be required.
If an application is denied for lack of a suitable plan, the applicant will be given an opportunity to improve the plan and resubmit an application within a period of two weeks from the date of notification. An applicant will be notified by February 1 of his/her sabbatical status. A list of sabbatical alternates will be established each year in the event of a change of plans for individuals awarded a sabbatical.
An applicant for sabbatical must have rendered services at the College of Southern Idaho for a minimum of six consecutive years immediately preceding the sabbatical leave. A leave of absence, except for a sabbatical leave, does not count as a break in the continuity of service for purposes of sabbatical leave consideration. However, any such absence shall not be included as service with respect to the six-year requirement.
A sabbatical leave may be granted for a period of one full academic year, one full semester, or for one or two summer periods. Compensation for a one-year sabbatical leave shall be no less than 50 percent of the contract salary for the previous academic year. Compensation for only a one-semester sabbatical leave shall be the amount of the semester contract for the previous academic year. A summer sabbatical shall be for two-ninths of an academic year salary. Sabbatical leave shall be considered as regular service to the district for the purpose of salary. Employees on sabbatical leave shall not accept full-time positions for pay. If other grants or awards are received during the year as salary or compensation, the combination of sabbatical pay and other grants shall not exceed the applicant's annual contracted salary.
The method of payment will be in the same manner as if the employee were teaching in the district. The employee must render two full years of service to the institution immediately following his/her return from sabbatical leave unless waived by the College. Failure to perform will result in a payment to the district by the employee for the sum received proportionate to the time of failure to meet the obligation of teaching in the two-year period.
The maximum number of sabbatical leaves granted in any one year will not exceed 2 percent of the full-time faculty. The exact number will be determined by budgetary considerations and is based on the salary of the individual at the time of the application. The President, Executive Vice President/Chief Academic Officer, and appropriate Instructional Dean (with approval of the Board) shall choose from the applicants based on the following criteria:
Proposed work or study is concerned with a program that will directly benefit the College and its students.
Proposed work or study will result in the professional improvement of the College staff member.
The length of service of the applicant is a minimum of six consecutive years immediately preceding the requested sabbatical leave.