16. Leaves Without Pay. A leave without pay is used for absences covering a period of time in excess of one pay period. A status faculty/staff member may request a full or partial leave without pay from her/his department for medical or other personal reasons. If a department cannot accommodate a personal leave without pay, the faculty/staff member may request a leave from the institution. In some circumstances, the institution may place a faculty/staff member on a full or partial leave of absence without pay, either from the department or the institution. A partial leave reduces the faculty/staff member’s percent-time of service for the leave period. During a leave of absence without pay from the department, the faculty/staff member retains her/his position. For those leaves granted by the institution, the position is not held, and the faculty/staff member must apply, at the end of the leave, for vacancies available for which s/he is qualified, but s/he is not guaranteed a position.
16.1 Voluntary Leave Without Pay. A faculty/staff member may apply for a full or partial leave of absence without pay from her/his department for medical or other personal reasons. Requests for such leaves should be in writing and directed to the faculty/staff member's immediate supervisor with a copy to the Human Resources Office.
16.1.1 Voluntary Leave for Medical Reasons. When documentation from a medical professional supports a medical leave that qualifies under the Family Medical Leave Act and/or Worker’s Compensation, such leave must be granted by the department (see USY.V.A.17 and USY.V.A.16). A faculty/staff member with less than one year of service in a status position may apply for a medical leave without pay. Medical leaves that are covered by Workers' Compensation must be granted (see USY V.A.16). Medical leaves are normally granted for no more than six-months, unless the leave qualifies for Worker’s Compensation.
16.1.2 Voluntary Leave for Personal Reasons. If a department cannot accommodate a personal leave without pay, the faculty/staff member may request a leave from the institution. Generally personal leaves are not granted for more than one year and only to those faculty/staff members who have completed at least one year of service in a status position.
16.2 Involuntary Leave Without Pay. Under certain circumstances, a faculty/staff member may be placed on a leave without pay by her/his department or institution.
16.2.1 A faculty/staff member may be placed on a full or partial leave without pay when there are changes in financial conditions or programmatic needs if the duration of such leave is expected to be greater than one pay period. Such leaves require a 30-day notice period for Operating Staff and a 90-day notice period for exempt staff (USY V.C.6.2.5.1.4). In cases where there is no work for faculty/staff members, use of the lay-off policy may be appropriate (see USY V.C.10).
16.2.2 A faculty/staff member may be placed on a full leave of absence without pay pending the resolution of a criminal charge (see policy USY V.C.9.10).
16.3 Benefit Continuation. USNH will continue its usual employer level of contribution to faculty/staff members' benefits for the duration of the leave or for 120 days, whichever is less. Those on partial leave will receive benefits at their normal rate for the first 120 days of partial leave. Following the first 120 days, they will receive benefits based on the percentage of their reduced appointment. For those benefits that require employee contributions, faculty/staff members on full leave will be billed for that portion of the premium. For those on partial leave, faculty/staff members will be billed for any portion not able to be deducted from their pay check. Those on full leave are normally not eligible for tuition waiver benefits for themselves.
16.3.1 In cases of full leaves that are greater than 120 days, faculty/staff members will be billed for the full cost of benefits beyond the 120 days, unless benefit coverage is required under FMLA leave regulations (see USY V.A.17) or Worker's Compensation (see USY V.A.16).
16.3.1.1 The Chief Executive Officer or her/his designee has the authority to extend the employer's benefit contributions by considering such factors as the value of the leave to the institution, the length of the leave, and availability of funds. The employer benefit contributions will be paid for by the faculty/staff member's department or institution and the faculty/staff member will be billed for her/his contributions.
16.3.2 Accrual for Paid Leave Programs. Faculty/staff members on full leaves of absence without pay do not accrue Earned Time, sick leave, or vacation/personal leave. Those on partial leave will accrue Earned Time or sick/vacation/personal leave benefits based on the percent-time of the reduced appointment.
16.3.2.1 Paid Leave Carry Forward. All unused Earned Time/Sick Pool and up to 35 days of vacation and all sick leave will be carried forward through the period of a full leave of absence. If the staff member does not return to work, any unused vacation (up to 30 days) or Earned Time will be paid at termination.
16.4 Return from Leave. The faculty/staff member must notify her/his department thirty days prior to the expiration of leave of her/his desire to return to work. If the leave was full-time, failure to provide notice of return will be considered a voluntary resignation effective the last day of the leave status.
16.4.1 Leaves for Medical Reasons. Prior to returning to work, a faculty/staff member on leave for medical reasons is required to provide medical documentation supporting her/his ability to perform the essential functions of her/his job.
16.5 Benefit Repayment. Except in cases of death, retirement, or approval for long term disability, a faculty/staff member who does not return to her/his previous status and provide 30 calendar days of active service following a leave of absence will be responsible for the full repayment of all benefit premiums and contributions made by USNH on her/his behalf during the leave. In instances where an employee on leave from the institution or on involuntary leave makes himself/herself available for work but is not rehired, no repayment of benefit premiums and contributions will be required.