Chapter 16 |
Leaves of Absence and Leave Benefits |
16.02 |
SICK LEAVE, VACATION, ALRA, BEREAVEMENT LEAVE, JURY DUTY, AND
OTHER LEAVES WITH PAY |
Leave
balances and instructions for completing and submitting leave reports may be
found in the My UW portal Work Record tab: My UW.
SICK LEAVE
Faculty,
academic staff, and limited appointees participating in the Wisconsin
Retirement System (WRS) earn sick leave which may be used for reasons described
in the UW-System Unclassified Personnel Guidelines UPG Chapter 10.
Amount
earned:
·
Initial Entitlement: Upon
initial hire into unclassified service, faculty, academic staff, and limited
employees are granted a non-lapsing sick leave balance of 176 hours (22 days),
prorated for part-time. No additional sick leave is earned through the next 18
months of employment. Exception: during this period if a part-time employee’s
appointment percentage increases, the initial entitlement will increase
proportionately. However, the initial entitlement will not decrease if an
employee’s appointment percentage decreases or if an employee goes on unpaid
leave of absence during this period.
·
Sick Leave Accrual: After
18 months, additional non-lapsing leave is earned at the rate of eight hours
per month, prorated for part-time, for persons holding 12-month appointments
and 10.7 hours per month, prorated for part-time, for persons who hold
nine-month appointments. If an employee’s appointment percent changes, the
subsequent monthly accrual rate shall be adjusted prospectively. Unclassified
employees may not accumulate more than 96 hours annually. No additional sick
leave accrues for nine-month appointees during summer employment.
Reporting
Sick Leave: Sick leave for full-time employees shall be reported in half-
or full-day units. Employees absent more than one-quarter day to three-fourths
day shall charge four hours (one-half day). Employees absent more than
three-fourths day shall charge eight hours (one day). Exceptions: employees
with part time appointments shall report actual hours absent when using sick
leave. Also, any employee on an intermittent FMLA leave (or transitioning back
to full time after a period of medical leave under the FMLA) shall also report
actual hours used.
|
≤2 hrs |
>2-6 hrs |
>6 hrs |
Report leave of: |
0 hrs |
4 hrs |
8 hrs |
For the
purposes of reporting sick leave, each full-time unclassified employee will
designate a work week consisting of 40 hours as required by §40.05 (4)(bp)3.a.,
Wis. Stats. Absences due to illness or other reasons that fall under the UPG
Chapter 10 definition for use of sick leave require that leave be reported
based on the reporting schedule listed above. The work week will be pro-rated
for a less than full-time appointment. The work week will include all scheduled
classes, office hours and research, as well as other regular University
meetings and professional activities. Unless otherwise established in writing
by the employee and supervisor, the standard work week is defined as Monday
through Friday, 7:45 a.m. to 4:30 p.m.
Reduction
of Sick Leave Accrual for Unclassified Staff Failing to Report Leave Usage:
Effective with sick leave earned in fiscal year 2007-08, any unclassified
employee who fails to file a report on leave usage as required by UW System
policy in one or more months of any year shall not be permitted to accrue sick
leave for that year in an amount exceeding the cap established by §40.05(4)
(bp)1., Wis. Stats. (i.e. 8.5 days for an annual unclassified employee or 6.4
days for an academic year unclassified employee). The reduction occurs in August
(for the previous fiscal year) and will be reflected on the August earning
statement for 12-month and Hourly appointees and the September earning
statement for nine-month appointees.
Completion of Leave Statement Upon Termination: Every effort should be made by the employee to turn in his/her final leave statement to his/her supervisor by the last day of employment to ensure timely processing of leave payouts or collecting money owed by the employee for overuse of leave. Failure to turn in final leave statement may result in the withholding of the final paycheck until the information is obtained by the employer.
Certification
of Medical Necessity For Absences of More Than Five Consecutive Days:
Faculty, academic staff, and limited appointees must provide written
certification from a health care provider of the medical necessity for use of
sick leave for absences of more than 5 consecutive full working days, except
where the use of sick leave is authorized in advance, pursuant to the Wisconsin
or Federal Family and Medical Leave Acts. Employees should be notified by their
supervisor of the need to provide medical certification. The Request for Medical
Certification for Academic Staff, Faculty, and Limited Appointees form
should be used.
Typically,
it is expected that the medical certification form be completed and returned to
the supervisor within 15 days of the employee’s return to work. However, if
extenuating circumstances prevent the supervisor from being able to communicate
with or obtain information about the condition of the employee, such written
certification shall not be required until such time as communication is
possible and appropriate, given the condition of the employee. The request for
medical certification is separate from FMLA requests related to
"confidential medical information." Only Divisional Disability
Representatives (DDRs) are authorized to request, receive and maintain medical
information related to disability or medical condition under the ADA and/or
WFMLA/FMLA.
If the
faculty, academic staff, or limited appointee does not provide the requested
medical certification within the required timeframe, he/she cannot use sick
leave to cover the absence. The employee will have to use other paid leave
options, or will be required to take a leave without pay.
In
cases of suspected abuse of the sick leave privilege, the employer shall be
authorized to require written certification from a health care provider to
verify the medical necessity for the employee's absence regardless of the
length of absence. If this situation arises, the supervisor should work in
conjunction with the DDR.
VACATION
Twelve-Month
Appointments: Twelve-month faculty, academic staff, and limited employees
participating in the Wisconsin Retirement System (WRS) will be granted an
anticipated vacation balance of 176 hours (22 days), prorated for part-time, at
the beginning of each fiscal year (July 1). If an employee is on unpaid leave
of absence, no vacation is earned until the employee returns to pay status.
Vacation
is earned monthly; however, an employee may use anticipated vacation before it
is actually earned with the approval of the supervisor. If the employee
terminates employment prior to the end of a fiscal year, he/she will be
required to pay back any time used greater than time earned.
Although
not eligible for WRS, a re-employed annuitant is eligible for vacation if the
unclassified appointment would otherwise be covered by the WRS.
Nine-Month
Appointments: Nine-month faculty, academic staff, and limited employees do
not earn vacation and are expected to work during the appointment period except
for days specifically listed as paid Legal Holiday.
Reporting
Vacation: Vacation for full-time employees shall be reported in half- or
full-day units. Employees absent more than one-quarter day to three-fourths day
shall charge four hours (one-half day). Employees absent more than
three-fourths day shall charge eight hours (one day). Exceptions: employees
with part time appointments shall report actual hours absent when using
vacation. Also, any employee on an intermittent FMLA leave (or transitioning
back to full time after a period of medical leave under the FMLA) shall also
report actual hours used.
Vacation
Use: Departments should be as flexible as possible in approving
vacation for all eligible employees. If a situation arises in which the
department must temporarily limit vacation use due to increased workload (for
example, the department is being audited), the employees should be informed of
any blackout dates as soon as possible, preferably in writing. If the blackout
dates occur at the end of the fiscal year, special consideration must be taken
in regard to carryover loss. If a department has an established “No Carryover”
rule, it may have to be reconsidered given the circumstances.
Vacation
Carryover: Vacation hours not used in the fiscal year earned may be
carried over into the following fiscal year (unless a department has a written
policy stating otherwise). If the carryover time has not been used by the end
of the second fiscal year, the hours are lost as of June 30th of the second
year. (For example, hours accumulated during the 2010-11 fiscal year must be
used by June 30, 2012).
Vacation
and Vacation Carryover Upon Transfer: Information on the movement of
employees from unclassified to classified positions and the leave impacts is
found in Wisconsin Human
Resources Handbook Chapter 732.
If an
unclassified employee transfers to a new unclassified position eligible to earn
vacation within UW-Madison, the new department must accept all current fiscal
year vacation and vacation carryover hours.
Unclassified staff
transferring from one institution to another within the UW System, or from the
UW System to a Wisconsin state agency, may negotiate with the new employer or
UW institution to accept responsibility for unused earned vacation, vacation
carryover, personal holidays, floating holidays or leave accumulated in an
ALRA. Where unused earned vacation, personal holidays, floating holidays and
leave accumulated in an Annual Leave Reserve Account ALRA) is not transferred,
the employee will receive a lump sum payment for the amount.
PLEASE NOTE: An employee may only transfer or be paid for those vacation and
vacation carryover hours that could have been used by the employee had he/she
stayed in the previous position. If the transfer occurs in June, careful
attention must be paid to carryover hours to ensure that the hours transferred
or paid do not exceed the amount of leave time the employee was eligible to use
during the working days remaining before the end of the fiscal year. At no
point may an employee transferring receive a greater benefit than an employee
who is not transferring.
Example: An employee accepts a new unclassified position on June 20th. He has
176 hours current fiscal year vacation and 176 hours vacation carryover. There
are nine working days from June 20th to June 30th.
·
Current fiscal year vacation--The new department must accept the
current fiscal year vacation hours.
·
Vacation
carryover - The new department must accept all vacation carryover hours.
Vacation carryover hours are available to be used within the new department for
the working days remaining in that fiscal year (72 hours). All other
remaining vacation carryover hours will be forfeited if not used by June 30th
(unless the employee is eligible to bank hours in ALRA - see below).
Where the
unclassified employee is transferring, within the same UW institution, to an
appointment ineligible for earning vacation, vacation accrued and leave
accumulated in the ALRA may be paid, in its entirety, to the staff member as a
lump sum amount or may be retained in a separate account until either all
university employment is terminated or the staff member transfers to an
eligible vacation-earning appointment. Leave held in this separate account may
be used in lieu of sick leave. Personal and floating holidays may not be
transferred and held in a separate account but must be used or paid as a lump
sum prior to transfer. Where the staff member is transferring from one UW institution
to another, to an appointment ineligible for earning vacation, vacation accrued
and leave accumulated in the ALRA may be paid, in its entirety, to the employee
as a lump sum amount prior to transfer or may be retained, with the approval of
the receiving UW institutional, in a separate account until all university
employment is terminated. Leave held in this separate account may be used in
lieu of sick leave. Personal and floating holidays must be used or paid as a
lump sum prior to transfer.
ALRA:
Twelve-month faculty, academic staff, and limited appointees who have completed
10 or more fiscal years of continuous service in eligible appointments may, at
their option, reserve up to 40 hours of vacation each year, prorated for part
time, in an Annual Leave Reserve Account (ALRA). The ALRA benefit is made
available during the 11th fiscal year of employment. However, the hours may be
placed in reserve at the end of that fiscal year (designate hours for
ALRA on the August Leave report).
Unclassified
employees who have completed more than 25 years of continuous service may
reserve a total of 80 hours each year. The higher ALRA benefit is made
available during the 26th fiscal year of employment. However, the hours may be
placed in reserve at the end of that fiscal year (designate hours for
ALRA on the August Leave report).
Hours
accumulated in ALRA may be used at any time. ALRA for full-time employees shall
be reported in half- or full-day units. Employees absent more than one-quarter
day to three-fourths day shall charge four hours (one-half day). Employees
absent more than three-fourths day shall charge eight hours (one day).
Exceptions: employees with part time appointments shall report actual hours
absent when using ALRA. Also, any employee on an intermittent FMLA leave (or
transitioning back to full time after a period of medical leave under the FMLA)
shall also report actual hours used.
In
accordance with UW-System Unclassified Personnel Guidelines UPG Chapter 9, a
cash payment is no longer allowed for employees with 25 years of service. Cash
payment for ALRA is only allowed at termination from the university or transfer
to an appointment ineligible to earn vacation.
For the
full UW-System ALRA policy, please refer to UPG Chapter 9.
ALRA
Upon Transfer: If an unclassified employee transfers to a new unclassified position
eligible to earn vacation, the new department must accept all ALRA.
If an
employee moves to a position ineligible for vacation, the previous department
may pay out ALRA in a lump sum, or the leave may be retained in a separate
account until the employee terminates from the university. Leave held in this
separate account may be used in lieu of sick leave. Under no circumstances will hours be held in
a separate account AFTER the employee terminates from the university. The leave
in this account may be used in lieu of sick leave.
LEGAL, FLOATING, AND PERSONAL HOLIDAYS
Legal
and Floating Holidays: The university is closed on the following
legal holidays: New Year's Day, Martin Luther King, Jr. Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, New
Year's Eve.
When
January 1, July 4, or December 25 fall on a Sunday, then the holiday is
observed on the following Monday.
Nine-Month
Appointments: Nine-month faculty, academic staff, and limited employees do
not earn Legal Holidays but are not expected to work on days specifically
listed as paid Legal Holiday.
Twelve-Month
Appointments: faculty, academic staff, and limited appointees participating
in the Wisconsin Retirement System (WRS) will be granted an anticipated Legal
Holiday balance of 72 hours (9 days), prorated for part-time, at the beginning
of each fiscal year (July 1). This balance will automatically be reduced as the
Legal Holidays occur. If an employee is on unpaid leave of absence, no Legal
Holidays are earned until the employee returns to pay status.
When
January 1, July 4, December 24, December 25, or December 31 fall on a Saturday,
or when December 24 or December 31 fall on a Sunday, for 12-month employees the
Legal Holiday becomes a Floating holiday that can be used like vacation
(9-month employees are not eligible). Floating holidays are earned during the
pay period in which the Legal Holiday occurs; however, an employee may use
anticipated Floating Holiday before actually earned with the approval of the
supervisor. If the employee terminates employment prior to the end of a fiscal
year, he/she will be required to pay back any time used greater than time
earned. Floating Holiday must be used within the fiscal year in which it is
granted, and any unused leave will be lost on June 30th of every year (no
carryover).
Personal
Holiday: 12-month faculty, academic staff, and limited appointees are
granted 36 hours of Personal Holiday, prorated for part-time, at the beginning
of each fiscal year (July 1). If an employee is on unpaid leave of absence, no
personal holidays are granted until the employee returns to pay status. The Personal
holiday allotment must be used within the fiscal year it is granted, and any
unused leave will be lost on June 30th of every year (no carryover).
Floating
and personal holidays for full-time employees shall be reported in half- or
full-day units. Employees absent more than one-quarter day to three-fourths day
shall charge four hours (one-half day). Employees absent more than
three-fourths day shall charge eight hours (one day). Exceptions: employees
with part time appointments shall report actual hours absent when using
floating and personal holidays. Also, any employee on an intermittent FMLA
leave (or transitioning back to full time after a period of medical leave under
the FMLA) shall also report actual hours used.
Floating
and Personal Holiday Upon transfer: If an unclassified employee
transfers to a new unclassified position eligible to earn vacation, the new
department must accept all current year floating and personal holiday hours.
PLEASE
NOTE: An employee may only transfer those floating and personal holiday hours
that could have been used by the employee had he/she stayed in the previous
position. If the transfer occurs in June, careful attention must be paid
to ensure that the floating and personal holidays transferred do not exceed the
amount of leave time the employee was eligible to use. At no point may an
employee transferring receive a greater benefit than an employee who is not
transferring.
See UPG
Chapter 9 for instructions on how to handle personal holiday allotment if an
employee is transferring into an unclassified position from a classified
position. If an employee moves to a position ineligible for vacation, floating
and personal holiday hours must be used or paid as a lump sum prior to
transfer.
OTHER TYPES OF LEAVE
Bone
Marrow and Human Organ Donation: Unclassified employees may
take up to five workdays with pay when participating in a bone marrow donation
or 30 workdays with pay when participating in a human organ donation. Written
verification must be provided to the supervisor. Further details,
including forms, are available on the UW-System website: http://www.wisconsin.edu/hr/benefits/leave/donor.htm.
Jury
Duty or Witness Duty: Faculty, academic staff, and limited appointees summoned as a
witness for a work-related matter or impaneled as a jurist do not have to
report leave time for the time they are in court. The employee remains in pay
status for the duration of his/her service. When the employee is not actually
impaneled for service (only on call), he/she should report to work.
Voting: In the
unlikely event that an employee cannot vote during non-work hours, he/she may
request (in writing) to vote during work hours. The request must be received by
the supervisor prior to the day of the election.
Funeral/Bereavement
Leave: Sick leave may be used upon the death of an immediate family
member. For this purpose, immediate family member includes employee's spouse
and/or domestic partner, parents and children of an employee, an employee's and
employee's spouse's immediate family members, grandparents, grandchildren,
aunts and uncles, brothers and sisters and their spouses, children over the age
of 18 and their spouses and any other relative who resides in the same
household as the employee (as defined in UPG Chapter 10).
The
general policy for use of sick leave for a funeral is up to three days.
Reasonable requests for a longer time off should be considered on a
case-by-case basis. Up to an additional four days of sick leave may be approved
(especially when long distance or foreign travel may be required). Vacation,
ALRA, and floating and personal holidays should be used to cover any further
amount of time off.
Military
Leave: Please refer to the UW System policy for military leave: http://www.uwsa.edu/hr/benefits/leave/military.htm
PAID LEAVE PAYOUT AT TERMINATION
·
In most circumstances, employees who resign/retire may elect to
use accrued vacation, vacation carryover, ALRA, and floating and personal
holidays to extend the end date of their appointment, or receive a lump sum
payout of accrued leave at termination, at his/her discretion. *Exception: see
below.
·
Employees who are laid off/non-renewed for any reason may
be required, with sufficient notice in writing, to use accrued leave prior to
termination. Any remaining leave that could have been used prior to the end
date will be forfeited. Any remaining leave that could not have been
used prior to the end date must be paid in a lump sum at termination.
Decisions
on payments should be handled on a case by case basis. The decision to restrict
payment of should not be arbitrary or capricious. For situations involving a
group layoff/non-renewal, employees with similar notice periods should be
treated equally with regard to payments.
*EXCEPTION: If an
employee receives notice of layoff/non-renewal, and was told in writing to use
accrued leave prior to termination or forfeit the hours, then special payout
rules apply if the employee elects to resign/retire on or prior to the
scheduled layoff/non-renewal date. In this circumstance, at termination the
employee will only receive a lump sum payout of remaining accrued leave that
could have been used between the resignation/retirement date and the original
layoff/non-renewal date.
Example:
On July 31 a full time employee receives written notice that he will be laid
off for loss of funding on November 30 (four months notice). In the letter the
employee is told he must use all accrued paid leave prior to the end of the
appointment or unused hours will be forfeited. He has 176 hours current fiscal
year vacation (~73 hours will be earned by Nov 30), 40 hours vacation
carryover, 250 hours of ALRA, and 20 hours floating and personal holidays. Four
months is sufficient time to use the total balance of paid leave (~383 hours).
In late
October the employee notifies his department that he will retire on November
15. At that point he has 50 hours current fiscal year vacation, 0 vacation
carryover, 100 hours of ALRA, and 0 floating and personal holidays.
·
At termination, he will receive a lump sum payment of up to 88
hours of accrued leave (the amount that could have been used during the 11
working days between his retirement date and the original layoff date). Any
remaining accrued leave will be forfeited per the original layoff letter.
Under
no circumstances will hours be held in a separate account AFTER the employee
terminates from the university.
For a
summary table of Paid Leave Payment at Termination, refer to UPPP 16.07.
REFERENCES
For
more information about sick leave benefits (and Family Medical Leave Act) for
unclassified employees, see UW-System Unclassified Personnel Guidelines UPG Chapter 10.
For
more information about vacation benefits for unclassified employees, see
UW-System Unclassified Personnel Guidelines UPG Chapter 9.
Frequently Asked Questions Regent
Resolutions/Sick Leave/Vacation Policy Changes
Wisconsin Human Resources Handbook Chapter 732
University of Wisconsin-Madison
Unclassified Personnel Policies and Procedures—Ch. 16.02
Feedback, questions, or accessibility issues: apo@ohr.wisc.edu
Last updated May 22, 2014