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					                                                                          HR: 4100, p. 1
                                                                         HRD: 1138, p. 1

                                        LEAVE

Scope: This policy applies to all non-temporary employees encumbering budgeted
positions and eligible for enrollment in either the Maryland State Retirement System
(MSRS) or the Optional Retirement Program (ORP). Employees may consult with the
employee benefits specialist located in the Human Resources Office about specific leave
coverage.

Policy – The College of Southern Maryland (CSM) seeks to provide a fringe benefits
program that will contribute toward the attraction and retention of a competent work
force.

The college offers a comprehensive leave program which includes annual, sick and
personal/family, bereavement, jury, and military leave. Employees and supervisors are
responsible for monitoring leave usage and adhering to the policy and procedures
contained herein.

Annual Leave – Generally, annual leave is planned and requires the supervisor’s
approval in advance. (Exception: In an emergency, the employee must call at the start of
the shift to request leave.)

Sick Leave – Employee and supervisor must inform the employee benefits specialist of
any serious illness resulting in more than 5 days absence so proper notification of
employee rights can be communicated.


                        Family & Medical Leave Act (FMLA)

This Act provides employees up to 12 weeks of unpaid job-protected leave in a 12-month
period in the case of the employee’s serious health condition; to care for an immediate
family member with a serious health condition; or for the birth of a child or placement of
a child for adoption.

To be eligible for FMLA benefits, an employee must have worked for a total of at least
12 months and have worked for at least 1,250 hours over the previous 12 months.

For the employee’s own serious illness and the birth of a child (maternity), the employee
may use accrued sick leave, annual leave, comp time, and leave without pay during the
12 weeks of job-protected leave. An employee who joined the Sick Leave Pool may
access it where appropriate (see Sick Leave Pool). Employees are required to provide
medical documentation on the FMLA Medical Certification form to support a leave
request for their own serious health condition.
                                                                            HR: 4100, p. 2
                                                                           HRD: 1138, p. 2

To care for an immediate family member (spouse, dependent child, or parent) with a
serious health condition, the birth of a child (paternity), or the adoption of a child, the
employee may use accrued sick leave, annual leave, comp time, and leave without pay
during the 12 weeks of job-protected leave. In no instance will the employee be eligible
to access the Sick Leave Pool in these circumstances. Employees are required to provide
medical documentation on the FMLA Medical Certification form to support a leave
request to care for an immediate family member with a serious health condition.

Ordinarily, employees must provide 30 days advance notice when the leave is
foreseeable. It is necessary to contact the employee benefits specialist to coordinate
FMLA benefits.

FMLA job-protected leave is not available to care for an extended family member with a
serious health condition. The college recognizes that in certain serious health situations,
the employee’s assistance may be needed to care for an extended family member (parent-
in-law, adult child, brother, sister, grandparent, grandchild, or anyone who has lived
regularly in the household of the employee). If the need for leave will extend beyond
available sick flex leave, the employee may submit medical documentation outlining the
need for care and the duration of care, and request leave for this purpose. If approved,
the employee may use sick leave, annual leave, or comp time. No job protected FMLA
rights extend to the employee in this situation.

Sick Flex Leave - Up to two work weeks of accrued sick leave per fiscal year may be
used for family illness, child care emergencies, urgent personal business, or religious
observance. Some examples are: medical care for a family member, parent/teacher
conference, funeral not covered by bereavement policy, court attendance not covered by
jury duty leave, personal property emergency. Sick flex leave may not be used for
pleasure or to extend your resignation date.

Sick Leave Pool Enrollment – When a new employee joins the Sick Leave Pool and
donates 3 days of sick leave, the 3 days are recorded immediately and appear as a
negative. Sick leave is earned each pay period for six pay periods to pay for this donation.
If the employee is sick during that first three months, annual leave or comp time must be
used. (See ―Sick Leave Pool‖ for complete information.)

Compensatory Time (Comp) – Accrued comp time must be used before annual leave.
(Exception: If an employee is within one week of maximum annual leave accrual, annual
leave may be used before comp time.)
                                                                         HR: 4100, p. 3
                                                                        HRD: 1138, p. 3

Leave Without Pay – Acceptable

       Family & Medical Leave Act (FMLA) – Exceptional leave without pay is
       available for qualified FMLA events.

       Exception for new employees – A supervisor may grant leave without pay for a
       new employee at time of hire when a vacation had been planned in advance and
       will occur before the employee has earned enough annual leave to cover the
       absence. The employee benefits specialist must be notified of the arrangement
       prior to in-processing the new employee.

       Military Leave – See ―Military Leave‖ for complete information.

       Other – Exceptional leave without pay may be granted with the supervisor’s and
       vice president’s approval. Supervisors may not permanently fill a position
       encumbered by an employee on approved LWOP. If an employee cannot return to
       work by the end of the LWOP status, the supervisor may advise the employee that
       the absence places an unacceptable burden on the efficiency of the department
       and take steps to terminate the LWOP status and to fill the position.

Leave Without Pay – DISCIPLINARY – Absences resulting in leave without pay,
other than for the circumstances listed under ―Leave without pay – Acceptable,‖ are
subject to disciplinary action. If the employee has no leave or comp time to cover an
absence, the employee and supervisor must meet with the human resources executive
director immediately and prior to completing the timesheet (non-exempt) or leave slip
(exempt). The employee will be charged leave without pay, documentation will be
completed, and counseling or disciplinary action may be taken.

Bereavement Leave – Supervisors will grant employees up to 4 working days of
bereavement leave. This leave applies in the case of the death of a child, grandchild,
parent, grandparent, parent-in-law, brother, sister, spouse, or anyone who has lived
regularly in the household of the employee. Non-exempt employees should record this
leave on their timesheets and exempt employees should record it under ―other‖ on the
Exempt Employee Leave Notification Form.

Jury Duty Leave – Supervisors will grant employees paid time off from work for jury
duty. Leave should be recorded under ―other‖ on the timesheet or leave slip. The
employee must furnish the supervisor with the notice requiring jury duty service. Non-
exempt employees should attach the notice to their timesheets. Exempt employees should
attach the notice to the Exempt Employee Leave Notification Form.
                                                                             HR: 4100, p. 4
                                                                            HRD: 1138, p. 4

Military Leave – The primary federal law that applies to employees who undertake
military service is the Uniformed Services Employment and Reemployment Rights Act
(USERRA). The Act provides job and benefit protection rights for members of the
uniformed services and generally allows employees to take up to five years of leave for
military service. USERRA specifically prohibits denying initial employment, retention,
reemployment, promotion or any employment benefit on the basis of military
membership or obligation.

To qualify for coverage under USERRA, an individual must be absent from work
because of ―service in the uniformed services.‖ This includes voluntary or involuntary
duty in a uniformed service, including active duty, active duty for training, initial active
duty for training, inactive duty training, full-time National Guard duty, or an absence
from work for an examination to determine an individual’s fitness to perform these
duties.

Uniformed services include the Army, Navy, Air Force, Marines, Coast Guard, Army
National Guard, and Air National Guard—when engaged in active duty for training,
inactive duty training, or full-time National Guard duty—the commissioned corps of the
Public Health Service, and any other category of persons designated by the president of
the United States in time of war or national emergency.

Military Leave Notice Requirements: An employee is required to provide CSM with
advance written or oral notice of service obligation to be entitled to USERRA’s
reemployment rights and benefits except when military necessity precludes providing it
or if giving the notice is impossible or unreasonable. Written notice typically consists of
a copy of an employee’s military orders, training notices, or induction information.

Compensation and Benefits during Military Leave: Pay - An employee on military leave
will be allowed leave without pay, or, at the employee’s request, accrued annual leave
and leave without pay.

Military Leave - Health Plan Continuation: If the employee is in the CSM health plan, the
member may elect to continue coverage for self and covered dependents for up to 18
months of eligible coverage. Eligible coverage is the period of time the employee is
covered while on military leave and during the period applicable to reinstatement with
the employer. Eligible coverage ends the day after the employee fails to apply for or
return to employment. The employee may continue health coverage for the first six
months by paying the monthly premiums that would have been deducted from his/her
paycheck. After 6 months, the active duty employee must make the decision to drop
coverage or to continue coverage under COBRA, which requires the employee to pay
102% of the cost of coverage. The 18-month continuation period under COBRA
                                                                                HR: 4100, p. 5
                                                                               HRD: 1138, p. 5

(Consolidated Omnibus Reconciliation Act) runs concurrently with the 18-month
continuation period required by USERRA.

The CSM health plan will not cover injuries or illnesses that are the result of a Uniformed
Service member’s military service. These injuries or illness are covered by the medical
care provided by the Uniformed Service. When an employee’s medical coverage is
terminated due to a military leave, any waiting periods or preexisting condition
provisions that apply upon a return to active employment are waived when the member
returns to work.

Military Leave - Life Insurance: Basic life insurance is provided by CSM for full-time,
permanent employees. Therefore, basic life insurance coverage will be discontinued
when an employee is on military leave. This benefit and any additional coverage paid by
the member prior to military leave will be reinstated at the same coverage level upon the
member’s reinstatement to active employment and at the current premium rate for any
optional coverage.

Military Leave – Reemployment: Uniformed Service members who have missed less
than five years of employment due to military service are generally entitled to
reemployment with full benefits, provided they comply with certain notification
obligations.

Reemployed service members are entitled to the additional seniority rights and benefits
they normally would have received if continuously employed during the time of their
military service. CSM is not required to reemploy Uniformed Service members where
reemployment would impose an undue hardship, the circumstances have so changed as to
make reemployment impossible or unreasonable, or where the job was a temporary
position.

Employees returning from military leave must notify the Employee Benefits Specialist of
their intent to return to work.

   Length of Military         Notice Requirements
   Leave

   181 days or more           Employee must submit an application for reemployment
                              within 90 days after active military service ceases.

   31 – 180 days              An application for reemployment must be made within 14 days after
                              active military service ceases.

   less than 31 days          No reemployment application is required. Generally, the
                              employee need only report for work on the next regularly
                              scheduled workday after a reasonable period for travel and
                              rest.
                                                                              HR: 4100, p. 6
                                                                             HRD: 1138, p. 6

Uniformed Service members who are unable to report to work because of injury or illness
suffered during active duty have up to two years to apply for reemployment.

If an employee’s military leave was less than 91 days, the employee is entitled to
reinstatement in the position he or she would have had without he military leave
interruption unless the member is not qualified to perform the duties of that position after
reasonable efforts by CSM to qualify the employee for that position.

If military leave was for more than 90 days, CSM may substitute a position of like
seniority, status and pay.

Members disabled during military service are also granted reemployment protection.
Such members should be granted a position that is the nearest approximation to his or
her former position in terms of seniority, status and pay, consistent with the person’s
ability to perform the job duties with reasonable accommodation efforts by the employer.
If the employee, after reasonable training and reasonable accommodation efforts by the
employer, is still unable to perform the job duties, CSM will employ the member in any
position that provides similar pay and status, with full seniority that is consistent with the
person’s current circumstances.

A reemployed Uniformed Service member cannot be discharged, except for cause, within
one year of return to work if the employee’s period of service was more than 180 days
before the military leave began. If the returning employee’s period of employment was
more than 30 days but less than 180 days, the returning employee cannot be terminated,
except for cause, within 180 days of his or her return to employment.

Military Leave - Maryland State Retirement System (MSRS) Benefits: Retirement
calculations for reemployed Uniformed Service members who are in the Maryland State
Retirement System (MSRS) will not reflect a break in employment for military leave for
purposes of calculating pension benefits or for vesting purposes. When activated for
military duty, the employee (or Retirement Coordinator in the employee’s absence) must
complete MSRS Form 46 Application to be Placed on a Qualifying Approved Leave of
Absence. After returning from military duty, the member must submit Form 43 Claim of
Retirement Credit for Active duty Military Service in order to receive service credit for
the time spent in the military that interrupted the member’s service. CSM will contribute
to the MSRS or Optional Retirement System as appropriate the amount needed to fund
the returning Uniformed Service member’s benefit for the period of military leave.

Military Leave - Compensation upon Reemployment: The member’s compensation upon
reemployment is the amount he or she would have received if the employee had not been
on military leave. If this is not determinable, then the average rate of compensation paid
to the employee for the 12-month period immediately preceding military leave is used.
                                                                           HR: 4100, p. 7
                                                                          HRD: 1138, p. 7

Annual leave – Length of service for determining the annual leave rate will reflect the
period of military leave.

Service Awards – Eligibility for determining length of service for employee service
awards based on longevity will include the period of military leave.


                                     Leave Accrual
Formula Key

 /        Indicates ―divided by‖ (in the formulas)
 PPH      Pay period hours (Total hours worked per year divided by 26 pay periods)
 LF       Leave factor

          Annual Leave/staff & 12 mo. faculty
          0-3 years at CSM               = 1.0 (10 days per year basis)
          4-7 years at CSM               = 1.5 (15 days per year basis)
          7+ years at CSM                = 2.0 (20 days per year basis)
          Anniversary date prior to 4/84 = 2.5 (25 days per year basis)

          Sick Leave
          Sick leave/staff & 12 mo. faculty   =     1.3 (13 days per year basis)
          Sick leave/10 mo. faculty           =     1.0 (5 days per year basis)
 LHY      Leave hours earned per year (PPH x LF)
 LHPP     Leave hours earned per pay period (LHY/26 pay periods)

Formula for Leave Earned Per Pay Period

                      PPH LF = LHY / 26 pay periods = LHPP

Example:      For full-time employee Jane Doe who has been a CSM employee for 8
years and works 35 hours per week (1,820 hours per year):

                         70 PPH 2.0 = 140 LHY / 26 = 5.38 LHPP
                                                                            HR: 4100, p. 8
                                                                           HRD: 1138, p. 8

Formula for Maximum Annual Leave Accrual

                                Annual LHY + (PPH 1.5) = MAX

Each employee has a maximum annual leave accrual. When the maximum is reached, no
more leave can be accrued until the balance has been reduced. Maximum annual leave
accrual = annual leave earned per year + (pay period hours x 1.5)1.

Example: For full-time employee Jane Doe who has been a CSM employee for 8 years
and works 35 hours per week:

                            140 Annual LHY + (70 1.5) = 245 hours MAX


                                           Leave Usage

Employees earn annual and sick leave based on length of service and scheduled hours per
pay period. They are expected to plan and use accrued leave responsibly.

Employees’ leave balances appear on their earnings statements. Totals do not reflect
leave taken through the date on the paycheck; the totals reflect leave taken through
the previous pay period, if submitted on time.

Procedures:

1. Requesting Planned Leave - The employee must follow the department’s procedure
   for requesting planned annual or sick leave (e.g., form, email, memo, calendar). The
   supervisor must respond in e-mail or by signature so the employee has a record of
   approval.

       Planned sick leave requires the supervisor’s approval in advance.

2. Unplanned Sick Leave - Unplanned sick leave requires the employee to call in at the
   start of the shift. Each office may establish call-in procedures appropriate for the
   area. If an illness results in an absence of more than 3 consecutive days, the
   supervisor will generally require a doctor’s certificate for all time off due to illness
   prior to allowing the employee to return to work. The supervisor may use discretion
   and waive the doctor’s certificate. If an employee’s sick leave use appears excessive
   or abusive, the supervisor may require a doctor’s certificate for all time off due to
   illness. This requirement must be provided to the employee in writing and be




1
    Equivalent of 3 weeks
                                                                            HR: 4100, p. 9
                                                                           HRD: 1138, p. 9

   coordinated with the Human Resources Executive Director. If the employee does not
   have accrued sick leave, accrued comp time and/or accrued annual leave must be
   used.

3. Reporting Leave Usage - Leave is used and reported in quarter hour increments.
   After leave is taken, it should be recorded according to employment category as
   follows:

   Non-Exempt Employees: Leave is recorded on the timesheet, signed by employee
   and supervisor, and sent to Payroll.

   Exempt Employees: Leave is recorded on the ―Exempt Employee Leave
   Notification Form,‖ signed by employee and supervisor and sent to HRD. The
   employee should retain the yellow copy before submitting the original to HRD.

   Employees who are absent in an approved leave status when the college is closed due
   to weather and emergency closings are not charged leave for the time the college is
   closed.

4. Return to Duty After Illness or Injury – Employees returning to work after a
   hospitalization or incapacitating illness/injury are required to provide the supervisor
   with a medical release to return to work. The supervisor may use discretion and
   waive the doctor’s certificate in situations where warranted (i.e., returning to work
   after recovering from the flu). If an employee’s sick leave use appears excessive or
   abusive, the supervisor may require a doctor’s certificate for all time off due to
   illness. This requirement must be provided to the employee in writing and be
   coordinated with the Human Resources Executive Director.

5. Adjustment of Final Pay for Leave - Employees who have a positive annual leave
   balance are due a lump sum payment. Employees who have a negative annual or sick
   leave balance (leave used but not earned) will have their final pay reduced
   accordingly. Supervisors will ensure that employee leave is accurately reported to the
   employee benefits specialist prior to scheduling the employee for out-processing.

6. Unused Sick Leave – Employees enrolled in the Maryland State Retirement System
   (MSRS) who retire directly upon terminating employment will receive additional
   creditable service for accumulated unused sick leave. Creditable service determines
   the amount of the benefit. Therefore, unused sick leave can increase the size of the
   retirement allowance. However, it neither affects when an employee is eligible to
   retire or alters any early retirement reduction factor. The employee receives one
                                                                       HR: 4100, p.10f.
                                                                      HRD: 1138, p.10f.

month of additional creditable service for each 22 days of unused sick leave reported. A
maximum of 15 unused sick days for each year of membership may be applied to
calculate additional service.

Unused sick leave is not creditable for employees enrolled in the Optional Retirement
Program.



Reference: Board of Trustees Policy Manual

For more information contact: Employee Benefits Specialist, 301-934-2251, ext. 7895


                                       Rev. 07/95; 11/95; 03/00; 04/01; 12/01; 7/04; 5/05
                                                                            HRD: 12/93

				
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