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Leaves of Absence
7.01 ANNUAL LEAVE *
Regular, full-time employees who are scheduled to work a minimum of 37-1/2 hours per week will earn annual leave as follows:
1. Employees earn annual leave at the rate of 13.25 hours per calendar month worked and/or paid (up to 159 hours per year). Normally only annual leave that is earned may be taken. An employee unable to accrue enough annual leave to cover the December/January holiday college closing period due to their initial full-time hire date, may borrow sufficient annual leave from the following calendar year's accrual to remain in paid status for the holiday closing period.. In this case, no annual leave shall be taken until the borrowed amount has been earned. The Director of Human Resources shall review and confirm employee eligibility for this provision.
2. A maximum of 315 hours of accumulated annual leave may be carried over from one calendar year to the next. Hours in excess of 315 at the end of the calendar year will be forfeited. However, in exceptional circumstances, the Vice President may approve a written request to carry over up to 352.50 hours. Justification for the request must include a statement that the College required the individual to work and adequate time could not be provided to permit the individual to exhaust the excess days.
Temporary, full-time employees who are scheduled to work a minimum of 37- 1/2 hours per week will earn annual leave based on their contracted months as follows:
One to eight months shall not earn annual leave.
Nine months or more shall earn annual and sick leave with payoff of annual leave at expiration of employment period.
Full-time employees who work 30 or more hours but less than 37-1/2 hours per week will earn annual and sick leave at the above rates and limitations on a pro rata basis. For regular, full-time employees who directly transfer from another State of Delaware agency, the College will accept annual leave up to a maximum of 157.50 hours. For temporary, full-time employees who directly transfer from a temporary, full-time position into a regular, full-time position, the College will retain any accrued annual leave.
Employees may take annual leave only during their work schedule periods. When such leave is taken, employees may not simultaneously perform any work for the College. Except in cases of actual emergencies, an employee requesting annual leave must obtain the written approval of his/her immediate supervisor and Dean/Director or appropriate administrator before commencing the leave. For reasons such as energy savings, the President may specify days on which College facilities will be closed. The President may require that annual leave be taken on such days.
*Annual Leave accrual and usage conversion from days to hours effective January 1, 2002.
7.02 (a) SICK LEAVE *
1. Regular, full-time employees earn sick leave at the rate of 9.50 hours per calendar month worked and/or paid (up to 114.00 hours per year). Normally only sick leave that is earned may be taken. Approved sick leave absences extending beyond the number of accumulated sick leave hours will automatically be charged to accrued balances of compensatory time (Salary Plan B employees) then annual leave, unless prior approval has been obtained for an unpaid leave of absence (see FAMILY AND MEDICAL LEAVE ACT, 7.08 and/or EXTENDED LEAVE OF ABSENCE WITHOUT SALARY, 7.12 of this Section.
2. There will be no limit to the number of accumulated sick leave hours which may be carried over from one calendar year to the next; but for cash payment (see TERMINAL PAY, Section VIII, 8.02) a maximum of 675 hours shall apply.
3. Employees may designate three days of their accumulated sick leave as "Personal Days" with prior supervisor approval. Supervisors have discretion to approve/disapprove personal leave requests based on the operational needs of the college. These days can be used for personal business such as attending parent/teacher conferences, volunteering for field trips, observing religious holidays, attending to legal or other personal matters. Only three personal days per calendar year are permitted and can be taken in no less than full day increments (7.5 hours). Personal leave is not to be used: (a) in lieu of, in conjunction with, or to extend annual leave required over the Winter Holiday Break; (b) in conjunction with or to extend other annual leave periods; in conjunction with or to extend a paid holiday; or (c) to extend resignation or retirement dates.
(Added Board of Trustees, 6/07; revised 4/07).
4. Temporary, full-time employees who are scheduled to work a minimum of 37- 1/2 hours per week will earn sick leave at the same rate based on their contracted months as follows:
- One to eight months shall not earn sick leave.
- Nine months or more shall earn annual and sick leave with payoff of annual leave at expiration of employment period.
5. Full-time employees who work 30 or more hours but less than 37-1/2 hours per week will earn sick leave at the above rates and limitations on a pro rata basis.
6. For regular, full-time employees who directly transfer from another State of Delaware agency, the College will accept all previously accrued and unused sick leave. For temporary, full-time employees who directly transfer from a temporary, full-time position into a regular, full-time position, the College will retain any accrued sick leave.
7. An employee eligible for sick leave with pay may use such sick leave for absence due to:
- Illness, injury or other disability, including periods in which a physician has certified the employee as being unable to work due to disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery there from.
- Family illness (see FAMILY ILLNESS, 7.04 of this Section).
- Appointments with doctors, dentists, or other recognized practitioners.
- For child care purposes upon the birth of a child of the employee or the employee's spouse or domestic partner, or upon the adoption of a pre-kindergarten age child by the employee.
8. Absences of five (5) consecutive work days or more require a doctor's certificate verifying the necessity for the absence, and in the case of the employee's own illness/injury, a release to return to duty prior to returning to work. The President or appropriate Vice President may, in his/her sole and absolute discretion, require a doctor's certificate verifying the same information for absences of less than five (5) consecutive work days. Failure to provide required documentation may result in the employee's pay being docked and/or disciplinary action for the number of days absent in lieu of using paid leave.
9. Employees may take sick leave only during their work schedule periods. When such leave is taken, employees may not simultaneously perform any work for the College. Except in cases of unforeseen illness or an actual emergency, an employee requesting sick leave must obtain the written approval of his/her immediate supervisor and Dean/Director or appropriate administrator before commencing the leave.
(See FAMILY AND MEDICAL LEAVE ACT, 7.08 of this Section, for provisions for unpaid leaves related to the employee's illness, injury, or other disability, and to family illness.)
*Sick Leave accrual and usage conversion from days to hours effective January 1,2002.
(Amended Board of Trustees, 4/10/2001, 9/13/2001, 6/6/2006)
7.02 (b) CATASTROPHIC LEAVE
Delaware Technical Community College offers a Catastrophic Leave Bank Program to provide employees an opportunity to support their peers who are facing a major health crisis. The program allows employees to provide assistance in the form of donated sick leave to a bank. It was developed as part of College efforts to create a caring environment. While the program establishes a mechanism for sick leave donations, participation is voluntary. The President shall have the authority to issue such rules and regulations as necessary to implement and continue this program.
Catastrophic Illness Definition: A Catastrophic Illness is defined as any illness or injury to an employee which is diagnosed and certified by a physician as rendering the employee unable to work or affecting a member of the employee's immediate family who has a serious health condition requiring personal care by the employee. The policy will not apply to short-term or sporadic conditions or illnesses. Each case must be examined and decided based on its conformity to policy intent and must be handled consistently and equitably In order to be defined as catastrophic, an illness or injury must be seriously incapacitating, of extended duration, and require the continuing services of a licensed health care provider. A qualifying illness or injury might include, but is not limited to, cancer, major surgery, serious accident, heart attack, etc. Exclusion examples: Normal pregnancy, common illness, and illness/injury covered by worker's compensation. This program is not intended to cover cases of inappropriate leave usage.
(Added Board of Trustees, 11/14/2000, amended 4/12/2005)
7.03 PREGNANCY, CHILDBIRTH and ADOPTION LEAVE
Employees may utilize accumulated sick leave, accumulated annual leave, leave without pay including Family and Medical Leave during periods in which they are certified by their physician as being unable to work due to disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery there from.
Accumulated annual leave, sick leave, or leave without pay may be requested for absences extending beyond the period of certified disability.
Employees who have been continuously employed on a full-time basis for at least one year at the time of application for leave can, upon prior approval by the appropriate Vice President and Campus Director (President for Office of the President employees), use accumulated sick leave to travel out of the United States for adopting a child from a foreign country if the employee provides documentation that he/she has applied for the adoption and that the travel is required for the adoption to be approved. Neither annual nor sick leave will accrue during the leave of absence if it is without pay.
(Amended June 6, 2006)
7.04 FAMILY ILLNESS
Absence from work with pay is permitted in situations where the presence of the employee is required to care for a family member, to accompany a family member to a physician, or where the absence of the employee would have a direct negative impact on the family member's medical condition. "Family member" is defined as the employee's spouse, son, daughter, parent, parent-in-law, grandparent, grandparent-in-law, granddaughter, grandson, daughter-in-law, son-in-law, brother, sister, step-parent, domestic partner (a person with whom the employee's life is interdependent, with whom the employee maintains a committed relationship, and with whom the employee shares a mutual residence), son, daughter, daughter-in-law, or son-in-law of the employee's spouse or domestic partner, and any minor child for whom the employee is standing in loco parentis. Such leave shall be charged against the employee's sick leave. Documentation from the attending physician to support the request of such sick leave usage may be required by the respective Vice President and Campus Director. (For leaves without pay due to family illness, see FAMILY AND MEDICAL LEAVE, 7.08, and EXTENDED LEAVES OF ABSENCE WITHOUT SALARY, 7.12 of this Section).
7.05 DEATH IN FAMILY
Up to five (5) consecutive working days of leave with pay (not charged to other leave time) shall be granted to a regular full-time or a temporary full-time(greater-than-nine-months) employee upon request to use for travel, making arrangements, attending services, and/or tending to post-funeral business related to the death of the employee's immediate family member. Immediate family member relationships listed below are applicable to the employee and/or that of an employee's spouse or domestic partner.
- *domestic partner (a person with whom the employee's life is interdependent, with whom the employee maintains a committed relationship, and with whom the employee shares a mutual residence)
- any minor child for whom the employee is standing in loco parentis
- any adult (limited to 2) who served in loco parentis for the employee when the employee was a minor child
- any relative of the employee living in the employee's home at the time of death
* Immediate family status also applies to "in-law" and "step" relationships.
One day (not charged to other leave time) shall be granted to attend services for the nephew, niece, aunt, uncle or first cousin of the employee/spouse/domestic partner or any non-relative residing in the home of the employee at the time of death.
Supervisors, at their discretion, may request documentation for the requested bereavement leave and justification for any additional annual leave that may be requested in conjunction with the specific bereavement occurrence.
(Amended Board of Trustees, 6/15/1999, 4/12/2005, 4/3/07, 4/12/11)
7.06 MILITARY LEAVE
A. TEMPORARY ACTIVE DUTY OR FIELD TRAINING LEAVE WITH PAY
Military leave of absence for temporary active duty or for field training is with pay, but not to exceed ten (10) working days per calendar year, and will not be charged to annual leave.
B. SERVING ON VETERAN FUNERAL DETAIL
Any state employee who is a veteran or a member of the National Guard Reserve may serve on one veteran funeral detail per calendar year without loss of pay, vacation, sick leave or personal leave credit. (29 Del Code § 5121)
C. TEMPORARY ACTIVE DUTY LEAVE WITHOUT PAY
In the case of any employee who is called to the service of or voluntarily enters the armed forces of the United States or the National Guard of the State, when in continuous active service, such employee shall be granted a leave of absence not to exceed five years. Upon the completion of such leave of absence and service, such employee shall be reinstated in the position held at the time that such leave of absence was granted, and such employee shall be continued in employment under the same terms and conditions as if such employee had been in the continuous service of such employing agency during the period of the leave of absence." (See EXTENDED LEAVES OF ABSENCE WITHOUT SALARY, 7.12 of this section. (29 Del Code
§ 5105, (a))
(Section c. amended by Board of Trustees 9/13/06)
D. SALARY CONTINUATION FOR EMPLOYEES ON AUTHORIZED MILITARY LEAVE
Employees called to active military service for any operational mission to augment active forces as ordered are eligible for a continuation of their State salary, less any military compensation received. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation. Specific procedures for implementation of salary continuation are contained in the Manual of Procedural Guidelines, Salary Continuation Guidelines for Employees on Authorized Military Leave.
- Employees receiving continuation of their State salary will be placed either on a "Military Leave Without Pay" if they are to receive their pay when they return from active duty or on a "Military Leave With Pay" if they are to receive their biweekly pay while on active duty.
- Employees will not accumulate holidays, sick leave, or annual leave while in a leave status.
- In accordance with State and Federal Statutes, they will be credited with State Service for the amount of time on Military Leave upon their return to active employment.
- State compensation shall be limited to base salary.
- Salary continuation checks will be subject to applicable Federal, State, and City of Wilmington taxes, FICA (if position is FICA eligible), and pension contributions (if employee is in a pension eligible position). No Other deductions, except garnishments, will be made from the salary continuation checks.
- Claims must be filed within 90 days of release from active duty.
- Employees requesting continuation of their salaries are required to initiate the process by completing Sections B and C of the Application for State Salary Continuation Form and submitting the form, along with a copy of their orders and military pay voucher, to their Human Resources office within 90 days of release from active duty. Human Resources personnel will complete Sections A and D of the Application and verify the orders in connection with the operational mission and verify the accuracy of the military pay voucher.
- Employees are required to submit a completed application, including supporting documentation, for each pay period for which they are requesting salary continuation.
- Employees who elected to use paid Military Leave and/or Annual Leave may reinstate their Annual Leave and/or Military Leave hours equivalent to the amount of their salary continuation (Annual Leave/Military Leave hours should be rounded to the next higher quarter of an hour).
- Reinstatement of Military Leave is restricted to the amount of Military Leave used during the current calendar year. See example calculation in Manual of Procedural Guidelines, Salary Continuation Guidelines for Employees on Authorized Military Leave. (Del. Code 29§ 5105 (b)) (Board of Trustees added 09/14/10)
7.07 JURY DUTY AND APPEARANCE AS WITNESS
Employees who, during their regular working hours, actively serve on jury duty or are under subpoena as a witness, when not a principal, shall be paid at their regular rates of pay. Appropriate documentation will be required. Employees shall return to work within a reasonable time on days released from such duty.
Any employee appearing on behalf of the College before a court, legislative committee, or judicial or quasi-judicial body will be excused with pay.
7.08 FAMILY AND MEDICAL LEAVE ACT
In compliance with the Family and Medical Leave Act of 1993 (FMLA), the College requires eligible employees to take leave with or without pay depending on available accrued leave time for a period of up to 12 workweeks in any 12 month period for any one of the reasons listed below. Employees on FMLA shall use available accrued sick and/or annual leave with the exception of five days annual leave and five days of sick leave.
a. For the birth and care of the employee's newborn son or daughter;
b. For the placement with the employee or employee's domestic partner of a son or daughter for adoption or foster care;
c. To care for the employee's spouse, domestic partner, parent or individual who stands or stood in loco parentis, son or daughter (including stepchild, foster child, child of an employee standing in loco parentis or child of domestic partner) who has a serious health condition; or
d. For a serious health condition (including illness or injury) that makes the employee unable to perform the essential functions of the employee's position
e. For any qualifying exigency arising out of a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of Title 10, United States Code issued to the spouse, or a son, daughter, or parent of the employee (or notification of an impending call or order to active duty) in support of a contingency operation.
The entitlement to leave for a birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement. In cases where the necessity for leave is foreseeable based on planned medical treatment, the employee shall make a reasonable effort to schedule such treatment so as not to unduly disrupt College operations.
Injuries or illness for which an eligible employee is receiving worker's compensation benefits shall not be charged to FMLA leave unless requested by the employee.
2. Service Member Family Leave
An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the service member. The leave described in this paragraph shall only be available during a single 12-month period.
3. Combined Leave Total
During the single 12-month period described in Subsection 2, an eligible employee shall be entitled to a combined total of 26 workweeks of leave under Subsections 1 and 2. Nothing in this subsection shall be construed to limit the availability of leave under Subsection 1 during any other 12-month period.
In order to qualify for FMLA leave, the employee must have been employed by the State of Delaware for at least one year; and have worked at least 1,250 hours during the 12-month period immediately preceding the first day of the requested leave.
When the leave is foreseeable, an employee must provide 30 calendar days advance notice by submitting a "Request for Family or Medical Leave" form to his/her supervisor for approval. When a request for service member family leave is foreseeable, or when the date of birth or placement or the date of treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
A "Certification of Health Care Provider" form must also be submitted for the reasons cited in Subsection 1.c, Subsection 1.d or Subsection 2 above. Blank "Request for Family or Medical Leave" and "Certification of Health Care Provider" forms may be obtained from the campus Human Resources Office.
Military Caregiver certification is required to support a request for leave to care for a covered family service member. A "Certification for Serious Injury or Illness of Covered Service Member" form can be obtained from the campus Human Resources Office. Exigency Leave certification is required to support a request for leave for one of the seven qualified reasons for exigency. A "Certification of Qualifying Exigency for Military Leave" form can be obtained from the campus Human Resources Office.
The request for leave shall be subject to the approval of the Vice President and Campus Director (President for employees of the Office of the President). The request for leave may be denied if the advance notice and medical certification requirements are not met.
Employee eligibility is determined, and notice of eligibility status must be provided, the first time the employee takes leave for an FMLA-qualifying reason in the employer's designated 12-month period. The eligibility notice may be either oral and in writing and must
- Be provided within five business days of the initial request for leave or when the employer acquires knowledge that an employee leave may be for an FMLA-qualifying reason;
- Inform the employee of his or her eligibility status; and
- If the employee is determined to be not eligible for FMLA leave, state at least one reason why.
If FMLA leave is not requested by the employee and the leave exceeds 10 working days and is determined to be due to a qualifying event under the FMLA, the leave will be designated by the College as FMLA leave.
While medical certification to support a request for leave because of a serious health condition is a requisite part of the physician certification form, a second or third opinion may be required (at the College's expense).
Other detailed information relating to FMLA may be obtained from the Human Resources Office.
6. Period of Leave
An eligible employee may take up to 12 workweeks leave during an FMLA 12-month eligibility period (or 26 weeks in a case involving Service Member Family Leave). The FMLA 12-month eligibility period means the 12-month period measured forward from the date an employee first takes FMLA leave. After a 12-month period following the completion of an FMLA leave, an employee is eligible for another FMLA leave.
7. Benefits Which are Continued During Paid FMLA Leave
While on paid FMLA leave, the employee will continue to accrue annual leave and sick leave, and the employee is entitled to have his/her existing College health and life insurance benefits maintained (including any State of Delaware share of the monthly cost). For full-time employees this includes: health insurance, Blood Bank, vision, dental, and life insurance under the College's Flexible Benefits Plan. If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay that amount during the leave period. Employees should forward payments for their share to: Human Resources and Legal Affairs Department, Office of the President, P.O. Box 897, Dover, DE 19903. Failure by the employee to make his/her share of such contribution within 30 days after the payment due date will result in termination of coverage.
8. Benefits Which are Discontinued During Unpaid FMLA Leave
Holiday pay, annual leave, and sick leave are not earned during unpaid FMLA leave. Other benefits which are discontinued during unpaid FMLA leave are: disability insurance, Worker's Compensation, Unemployment Insurance, as well as contributions to the State of Delaware Pension Plan and Social Security, by both the State and the employee.
9. Intermittent or Part-time FMLA Leave
An eligible employee may take FMLA leave on an intermittent or part-time basis rather than all at once.
In order to accommodate FMLA leave on an intermittent or part-time basis, the Vice President and Campus Director may temporarily alter an existing position or transfer an employee to an alternative position with equivalent pay and benefits.
11. Return to Work After FMLA Leave
In the event that an employee does not return to work or works for less than 30 calendar days upon the expiration of an FMLA leave or approved extension of leave, the College's share of benefits premium payments shall be recovered from the employee for any period of unpaid leave except for the following circumstances: the serious health condition of the employee or the employee's spouse, son, daughter, parent or service member being cared for by the employee; or another reason beyond the employee's control. An employee who is unable to return to work due to the continuation, recurrence, or onset of a serious health condition that entitles the employee to FMLA leave shall be required to provide a certification issued by the health care provider for the employee or the qualifying family or service member, as the case may be.
Other provisions regarding return to work after FMLA leave may be found in RETURN TO WORK UPON TERMINATION OF LEAVE, 7.13 of this Section.
(Amended Board of Trustees, 6/15/1999; 6/2/2009; 11/11/14)
7.09 PROFESSIONAL AND PUBLIC SERVICE LEAVES OF ABSENCE
Professional and public service leaves of absence, of whatever duration, with or without pay, requested by an employee in accordance with the provisions of this manual will be approved only if the appropriate Vice President and Campus Director (or President for Office of the President), in his/her sole and absolute discretion, determines that such leave would be beneficial to the College. In making a decision to grant or deny a request for such a leave of absence, the foremost consideration of the Vice President and Campus Director (or President for Office of the President) shall be the benefit that likely will accrue to the College if the request is granted and the extent to which granting such leave would create inconvenience to the College. The denial of a leave of absence pursuant to this provision shall not be reviewable and is not subject to the grievance procedure set forth in Section XIII, 13.02, of this manual.
7.10 LONG-TERM PROFESSIONAL LEAVES WITH SALARY
The professional leave policy of the College is for the purpose of improving the College program through the professional development of the staff (e.g., related industrial training, education, research, writing, employment experience, travel, etc.).
Application for such leave may be made by any regular, full-time staff member after completion of six (6) continuous years of service with the College (exclusive of unpaid leaves of 60 days or more) but not less than six (6) years following the conclusion of any previous long-term professional leave.
A long-term professional leave shall not exceed one (1) year in length. For paid professional leaves of 60 working days or less, see SHORT-TERM PROFESSIONAL LEAVES WITH SALARY, 7.11 of this Section.
Compensation of the employee while on leave will be based on the individual's current annual base rate in accordance with the following formula:
Full-year leave - one-half the annual base rate in effect immediately prior to commencement of the leave.
Less than a full-year leave - one-half the annual base rate in effect immediately prior to commencement of the leave prorated for the period of leave.
Eligibility for benefits such as pension, health, life and disability insurance is subject to applicable laws and regulations and the terms of various group insurance policies. An employee on professional leave shall receive any salary increments which become effective during the period of professional leave. He/she shall not accrue sick and annual leave.
Professional leaves are granted with the understanding that the staff member taking such a leave will allow the College to benefit from its "investment" by serving at least one full year on a full-time basis after the completion of the leave, regardless of the duration of the leave. Failure to render such service will be considered a violation of an ethical obligation; furthermore, in the case of such failure, the recipient will refund the amount of salary paid him/her by the College during the period of professional leave, and the leave will be considered unapproved. The recipient of a professional leave may not accept full-time employment with another State of Delaware institution or agency while on such leave without the prior written consent of the College.
Upon expiration of the professional leave, the individual shall have the privilege of returning to the same position or classification held prior to the leave.
Application for professional leave shall be submitted in writing to the campus Human Resources Office accompanied by a statement from the immediate supervisor as to the impact such leave likely would have on the department and/or division. Application for leave shall be filed not later than January 1 of the academic year preceding the professional leave. The application shall include a statement of goals and objectives designed to increase the staff member's value to the College. The leave period beginning and ending dates will be scheduled so as to be consistent with the scheduled academic calendar. Upon returning from a professional leave, a full, written report covering the use and implications of the professional leave will be completed and submitted to the immediate supervisor. The recipient will be expected to share experiences with other College staff members.
The maximum number of professional leaves will be one regular, full-time staff member from each campus and one appointment by the President, provided funds, if needed, are available. If a campus, or the Office of the President, does not have a qualified request for a specific year, the President may reallocate any unused professional leaves among other campuses. Priority shall be given based on length of service, past contributions to the College, and the equitable distribution of leaves over a period of years among the various divisions and/or departments within the campus and the Office of the President.
The procedure for selection of recipients will be:
A. A committee on professional leave on each campus and one in the Office of the President will review any application(s) and give its recommendation with appropriate documentation to the Vice President and Campus Director for the campuses and to the President for the Office of the President by May 1. The Committee recommendation and the approval or disapproval thereof by the President or the applicable Vice President and Campus Director, are determinations within its or their sole and absolute discretion and are not reviewable or subject to the grievance procedure.
B. Applicants will be notified not later than June 1 of the decision of the Vice President and Campus Director or President for the Office of the President.
C. The recipient must confirm in writing to the Vice President and Campus Director (President for Office of the President) by June 15 the decision to accept or reject the leave.
D. Terms and conditions of the leave, including beginning and ending dates, shall be specified in a written agreement to be signed by the employee and the Vice President and Campus Director (President for Office of the President). A copy of the agreement shall be forwarded to the Human Resources and Legal Affairs Department in the Office of the President at the time it is granted.
7. Professional Leave Committee
The campus committee shall consist of seven (7) members with the chairperson selected from the group. Representation will be:
Four members from Salary Plan A
Two members from Salary Plan B
One member from Salary Plan D
The committee in the Office of the President shall consist of five (5) members with the chairperson selected from the group. Representation will be:
Two members from Salary Plan B
Three members from Salary Plan D
Committee members shall be selected by the groups they represent, serve for a term of one academic year, and must not be applicants for a professional leave during the year in which they are serving on the committee. In the event of vacancies, the representative group will be responsible for selecting a replacement.
7.11 SHORT-TERM PROFESSIONAL LEAVES WITH SALARY
The sole purpose of short-term professional leaves shall be for staff development in areas that will benefit the College. Upon expiration of the leave, the individual shall have the privilege of returning to the same position or classification held prior to the leave.
Employees with three (3) years of continuous full-time employment with the College shall be eligible to apply. In unusual circumstances this service requirement may be waived by Vice Presidents and Campus Directors with the concurrence of the President for campus employees. It may also be waived by the President for Vice Presidents and Campus Directors and employees of the Office of the President.
Short-term leaves of absence shall not exceed 60 working days.
Compensation of the employee while on leave will be negotiated by the Vice President and Campus Director (President for Office of the President) prior to approval of the leave. Terms and conditions of the leave, including beginning and ending dates, shall be specified in a written agreement to be signed by the employee and the Vice President and Campus Director (President for the Office of the President). All benefits (subject to eligibility requirements) shall continue during these leaves, including accumulation of annual and sick leave.
Short-term leaves of absence may be granted campus employees by the Vice President and Campus Director with concurrence of the President and within constraints of available campus funds. Such leave may be granted Office of the President employees with approval of the President within constraints of available funds of the Office.
7.12 EXTENDED LEAVES OF ABSENCE WITHOUT SALARY
An extended leave of absence may be granted to a regular, full-time employee for the reasons cited below, at the discretion of the Vice President and Campus Director for campus employees and the President for employees of the Office of the President.
A request for a leave of absence must be made in writing stating the reason, date to become effective, and the date of return to work. The request is to be submitted to the immediate supervisor and shall be subject to the approval of the Vice President and Campus Director (President for employees of the Office of the President). The applicant will be notified of the decision in writing within 15 working days of the receipt of the request.
3. Types of Leaves of Absence Without Salary
a. Professional Leave
b. Public Service Leave
c. Military Leave (See also MILITARY LEAVE, 7.06 of this Section.)
d. Personal Leave for reason(s) acceptable to the College
4. Length of Service Qualification.
A leave of absence without salary may be granted to any regular, full-time employee after he/she has been employed for not less than one year. This service requirement may be waived by the Vice President and Campus Director for campus employees. It may also be waived by the President for Vice Presidents and Campus Directors and for employees of the Office of the President.
5. Period of Leave of Absence
A leave of absence without salary normally may not exceed twelve (12) consecutive calendar months.
6. Opportunity for Reemployment
Except as set forth below, an employee granted such leave shall be reinstated to the same position or classification at the expiration of the leave.
The College, except as otherwise may be required by applicable law, shall have no obligation to reinstate an employee returning from such leave (a) if his or her prior position has been eliminated due to a restructuring of the College, its faculty, or the employee's department or campus; (b) if, in the sole and absolute discretion of the appropriate Vice President and Campus Director, funding constraints make such reinstatement contrary to the best interests of the College; or if, after reasonable efforts have been made, the College is unable to identify a suitable position for the employee seeking reinstatement.
7. Employment While on Extended Leaves of Absence
Employment while on leave will be cause for termination unless specifically approved in writing in advance by the Vice President and Campus Director or President for employees of the Office of the President.
8. Benefits Which are Discontinued During a Leave of Absence Without Salary
Holiday pay, annual leave, and sick leave are not earned during a leave of absence without salary. During a leave of absence without salary, contributions to the State of Delaware Pension Plan by both the State and the employee are discontinued. Accrued benefits are not forfeited and cannot be withdrawn during a leave of absence.
If an employee is reinstated upon the expiration of the leave, pursuant to paragraph 6 above, he or she shall prospectively receive any annual base rate increments which became effective during the leave period.
9. Rights and Privileges Which are Continued During Leave
During leaves of absence without pay, an employee may continue College insurance coverage, contingent upon the terms of the insurance policies concerned and applicable State laws and regulations, by paying premiums to the College.
(Revised by the Board of Trustees 11/11/14)
7.13 (a) RETURN TO WORK UPON TERMINATION OF LEAVE
An employee who fails to return to work at the expiration of leave, or who fails to request and receive approval by the Vice President and Campus Director for an extension of leave, will be considered to have abandoned his/her position and a notice of termination of employment will be sent to the employee. Such a termination will be considered a voluntary resignation.
In the case of a leave taken for the employee's own serious health condition, the employee shall provide certification from a doctor documenting fitness for duty prior to returning to work. On return from FMLA leave, an employee is entitled to be returned to the same position or same classification he/she held when leave commenced. Such an employee shall prospectively receive any annual base rate increments which became effective during the FMLA leave period.
In the event the employee does not return to work within 30 calendar days upon expiration of FMLA leave (or any associated approved extended leave without pay), the College is entitled to recover its contributions made during the FMLA leave, unless the reason the employee does not return is due to the continuation, recurrence, or onset of a serious health condition which would entitle the employee to FMLA leave, or to circumstances beyond the employee's control.
7.13 (b) UNAUTHORIZED ABSENCES
No employee shall absent oneself from duty without authorization from the immediate supervisor and Dean/Director or appropriate administrator except in case of emergency illness, accident, or serious unforeseen circumstances. Such emergency conditions should be brought to the attention of the supervisor and Dean/Director or appropriate administrator as soon as practicable.
An employee who is absent from work for less than three (3) consecutive working days may receive disciplinary action up to and including termination. An employee who is absent from work without an approved leave for three (3) consecutive working days, may be deemed to have abandoned his/her position and to have resigned his/her employment from the College. However, within five (5) working days of the date of the notice if an employee provides adequate justification for the absence to the satisfaction of the Dean/Director, final approval of the resignation may be rescinded. In the event of abandonment, the employee shall be notified in writing via registered mail by the Vice President and Campus Director that such abandonment constitutes voluntary resignation.
Nothing contained herein shall be construed as preventing the supervisor and/or Dean/Director or appropriate administrator from taking disciplinary actions against an employee because of unauthorized absence(s).
(Added Board of Trustees, 4/12/2005 )
7.14 STAFF DEVELOPMENT ACTIVITIES WHILE ON FULL-TIME EMPLOYMENT
The College strongly encourages all employees to continue planned activities leading to further professional growth. To assist in this effort, the following educational opportunities are offered:
1. Delaware Tech
Regular, full-time employees may enroll in and attend Delaware Tech catalog courses during each academic term, including one course during working hours which must have the prior approval of (a) the immediate supervisor, (b) the appropriate Dean, Director, or manager, and the Vice President and Campus Director (President for Office of the President). In the opinion of the foregoing College officials, any course taken during working hours must be of such a nature as to improve the employee's work contribution to the College, or count toward a degree which will improve the employee's work contribution to the College. Excused time for attending and traveling to and from the location at which a course taken during regular working hours is offered shall not exceed six (6) hours during each week the employee attends the course. However, during summer sessions, excused time for attending Educational Technology Certificate courses may exceed six (6) hours. Regular part-time employees and temporary part-time employees who are not employed in a position that requires enrollment as a student as a condition of employment may enroll in and attend Delaware Tech credit courses each academic term but must attend such courses outside of their working hours.
Registration for Delaware Tech catalog courses will be on a space-available basis (after minimum enrollments have been met) with paying students being given registration preference. Tuition for such courses, except those offered under contract(s) or consortium agreement(s) with other institutions, will be paid by the College. Employees shall not be required to pay Application and Student Service Fees, but shall be required to pay lab fees. The cost of books, supplies and other materials required for such courses will not be paid by the College.
(Revised Board of Trustees June 5, 2007; 11/11/14)
2. Tuition Exchange Program (University of Delaware and Delaware State College Courses)
Under the terms of the Tuition Exchange Program, regular, full-time employees may enroll in and attend, during each academic term, an academic credit course for up to four (4) credits at either the University of Delaware or Delaware State College with the tuition paid by Delaware Tech. Employees may enroll in and attend such a course during regular working hours with the approval of (a) the immediate supervisor, (b) the appropriate dean, director, or manager, and the Vice President and Campus Director (President for Office of the President). In the opinion of the foregoing College officials, such course taken during regular working hours must be of such a nature as to improve the employee's work contribution to the College, or count toward a degree which will improve the employee's work contribution to the College; excused time for attending and traveling to and from the location at which such course is offered shall not exceed six (6) hours during each week the employee attends the course. Under the terms outlined in the Tuition Exchange Program, enrollment of full-time employees cannot displace regular tuition-paying students from classes; also, continued enrollment in the Program may be denied if a course is not successfully completed. To participate in the Tuition Exchange Program, interested employees must complete and return a "Request for Tuition Exchange Program" form to the Registrar's Office of their campus. Tuition for non-credit courses at the above institutions, including certificate programs, will not be paid by the College.
3. Tuition Reimbursement Program (Other Post-Secondary Academic Institutions)
Regular, full-time employees who enroll in, attend, and successfully complete one (1) post-secondary academic credit course, up to four (4) credits, during an academic term at a regionally accredited post-secondary academic institution other than those listed in Paragraphs 1 and 2 above, may be reimbursed at the end of the academic term for the tuition cost. The amount of such per credit reimbursement shall be up to, but not exceed, the Delaware Tech per credit tuition rates used for the Tuition Exchange Program. Employees may enroll in and attend such a course during regular working hours with the approval of (a) the immediate supervisor, (b) the appropriate Dean, Director, or manager, and the Vice President and Campus Director (President for Office of the President). In the opinion of the foregoing College officials, such course taken during regular working hours must be of such a nature as to improve the employee's work contribution to the College, or count toward a degree which will improve the employee's work contribution to the College. Excused time for attending and traveling to and from the location at which such course is offered shall not exceed six (6) hours during each week the employee attends the course. To participate in the Tuition Reimbursement Program, interested employees must complete and return a "Request for Tuition Reimbursement" form to the Business Office of their campus along with documentation verifying amount of tuition paid and successful completion of the course (a grade of "C" or better, "Pass" for a "Pass/Fail" course, or "Satisfactory" for a "Satisfactory/Unsatisfactory" course).
Regular, full-time employees may enroll in and attend a total of one (1) course during regular working hours each academic term.
Employees are eligible to take one (1) Tuition Exchange course and one (1) Tuition Reimbursement course per academic term. The College acknowledges and accepts "academic term" as it is defined by the offering institution, e.g. semester, quarter, session, block. During an academic year (September 1 through August 31), regular, full-time employees will be eligible to receive reimbursement and/or course payment for a maximum of 15 credit hours.
7.15 OTHER LEAVES WITH PAY
a. LEAVE FOR OLYMPIC COMPETITION:
A regular, full-time and temporary, full-time for nine months or more employees shall be granted a leave of absence with pay to train and participate as a member of the United States team in any competition sanctioned by the United States Olympic Committee, in the capacity of coach, athlete, official, trainer, or group leader. Any leave so granted shall not exceed the time required for actual participation in the competition, plus a reasonable time for travel and return from the site of the competition and a reasonable time for precompetition training with the team at the site, or 90 working days, whichever is less. (As a result of provisions in 29 Del Code
b. LEAVE FOR BONE MARROW OR ORGAN DONATION
In any calendar year, a regular, full-time and temporary, full-time for nine months or more employee is entitled to the following leave without loss or reduction of pay, leave to which the employee is otherwise entitled, and credit for time or service, to serve as a bone-marrow donor or organ donor:
i. No more than seven (7) work days of leave to serve as a bone marrow donor;
ii. No more than thirty (30) work days of leave to serve as an organ donor. (As a result of provisions in 29 Del Code
c. LEAVE FOR VOLUNTEER EMERGENCY DUTY
A regular, full-time and temporary, full-time for nine months or more employee who is an active volunteer firefighter or active auxiliary member may, with the approval of the Vice President and Campus Director (President for Office of the President), be permitted to respond to fire, rescue, ambulance, or other emergency calls during regular hours of employment without loss of pay, vacation, sick leave or personal leave credit. (As a result of provisions in 29 Del Code