Faculty leave is leave granted to faculty members employed on the nine–month (academic year) basis in lieu of annual leave and is comprised of the days between terms, at holiday periods when students are not in classes, and when no activity for the faculty is scheduled. This special form of leave shall be taken as it is earned and must fit the contract period (Section 2.3.4). See also general university leave policies (section 5.11).
2.13.1 Shared Sick Leave Pool
The Shared Sick Leave Pool was established and approved by the University of Louisiana System, Board Rules Chapter-Faculty and Staff, PPM Number FS-III.XXII.-1, effective September 24, 1999, Shared Sick Leave Program.
This policy and procedure outlines the method for participating in the Shared Sick Leave Program that complies with System management for faculty and unclassified staff who are eligible to earn sick leave. The Program’s intent is to provide assistance to employees who have insufficient appropriate accrued leave to cover a serious health condition as defined by the FMLA (Family Medical Leave Act). The policy is designed to assist an employee’s return to the workplace, not substitute for a long-term disability insurance policy. The campus policy shall be provided to the System Office for staff approval prior to implementation.
2.13.1.1 A. Definitions
- Shared Sick Leave – leave hours donated by faculty and/or unclassified staff into a shared sick leave pool to be used by fellow faculty and/or unclassified staff who are suffering from their own serious health conditions which has caused or is likely to cause the employee to take leave without pay or to terminate employment. Faculty and/or unclassified employees may irrevocably donate sick leave to the shared sick leave pool.
- Serious Health Condition (Family Medical Leave Act) – is an illness, impairment, physical or mental condition, or injury caused by a serious accident on or off the job that involves:
o any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;
o any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days, that also involves continuing treatment by (or under supervision of) a health care provider;
o continuing treatment by (or under supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days.
Voluntary or cosmetic treatments (such as most treatment for orthodontia or acne) that are not medically necessary are NOT “serious health conditions,” unless inpatient hospital care is required. Restorative dental surgery after an accident, or removal of cancerous growths are serious health conditions provided any of the other conditions above are met (a, b, or c ). Treatment for allergies or stress, or for substance abuse, are serious health conditions if any of the other conditions are met above (a, b, or c).
Prenatal care is included as a serious health condition. Routine preventive physical examinations are excluded.
2.13.1.2 Policy
Shared sick leave shall be applied for by the employee and may be taken only when recommended by the Review Committee and approved by the campus president or his/her designee. The supervising health care provider must provide written documentation of the need for leave. The Review Committee may choose to require an opinion from another health care provider, especially for extended leave.
To be eligible to participate in the Shared Sick Leave Program an employee shall:
- be afull-time faculty or unclassified staff member who is eligible to earn sick leave;
- have completed at least: 1) one academic year of service with the University if employed on an academic year (9 months) basis, or 2) one calendaryear of service with the institution if employed on a 12 month basis;
- have used all his/her sick, annual, and compensatory leave before requesting sick leave from the pool, and
- have made a contribution of at least one (1) day (8 hours) of sick leave to the shared sick leave pool.
This donation is a prerequisite to apply to use sick leave from the pool.
Participants shall retain three (3) sick days (24 hours) at all times for personal use. Employees shall not be permitted to donate to the program if they have less than (3) three days (24 hours) of sick leave. Minimum donation to the pool is one (1) day (8 hours). No employee who participates in the program may contribute more than two (2) days (16 hours) of their accrued sick leave every three (3) years.
Employees who use sick leave from the shared sick leave pool shall not be expected to pay it back.Donations to the pool are irrevocable.
Donations come from a participating employee’s accrued “sick” leave only. Donations from an employee’s accrued “annual” or “compensatory” leave is not permitted.
Donations shall only be allowed to the Shared Sick Leave Pool and not to an individual.
Nicholls State University limits the number of days a participating employee can draw from the program to 22 days (176 hours) per fiscal year and limits an employee’s total participation in the program to 100 days (800 hours).
Days/hours shall be transferred from the pool as they are used.
Employees receiving workers’ compensation or benefits from a long-term disability insurance policy are not eligible to withdraw leave from the pool.
Unclassified employees may draw only from one of the pools (Crisis Leave Pool or Shared Sick Leave Pool) per fiscal year.
2.13.1.3 Procedure
- The adoption of this Shared Sick Leave Policy or any subsequent to this policy shall not create a legal entitlement.
- A Review Committee, appointed by the University President, shall consist of two (2), classified employees, two (2) unclassified employees, two (2) faculty members, the Director of Human Resources (1), and the Payroll Supervisor (ex-officio). The Director of Human Resources will serve as chair of the committee and will vote only in the case of a tie. The members appointed shall be eligible for participation in the Program if they meet all required criteria. The Committee will act to support the administration of the Program, review the pool, and when not otherwise specified in written policy, may recommend operational guidelines and procedures for the Program.
- The Shared Sick Leave PoolPolicy, along with theLeave Pool Donation Form (LP1) and the Application for Use of Leave Pool Hours (LP2) will be issued to all eligible faculty and unclassified employees after the policy is approved by the University and the Board of Supervisors for the University of Louisiana System.
- To donate leave to the pool:
- forward the Leave Pool Donation Form (LP1) directly to the Payroll Office.
- To apply for sick leave through the pool:
- forward the Application for Use of Leave Pool Hours (LP2) and all relevant documentation directly to the Director of Human Resources. (Supporting documentation must be submitted to the Director of Human Resources at the time of application.)
- As committee chair, the Director of Human Resources will forward the application and related documents to the Review Committee.
- The Review Committee reviews the application and documentation and makes a decision to approve or deny the request.
- The Director of Human Resources will notify the employee in writing of the committee’s decision to approve or deny the request. A copy of the notification will be sent to the employee’s immediate supervisor, the Payroll Office, and the university president.
- Upon approval, to simplify record keeping, sick leave will be converted on an hour for hour basis regardless of the value of the leave being donated or received. Sick leave will be transferred from the pool as it is needed on a per payroll basis. Sick leave from the pool shall be granted on a first-come, first-served basis.
- The granting of sick leave through the pool is meant to cover only the circumstance for which it was requested. If changes occur in the nature or severity of an approved illness or injury, or of any other factor(s) on which the approval was based, the employee may have to provide documentation describing the change to the Review Committee. An employee can request more sick leave subject to the limits outlined in this policy; however, extensions of sick leave are not automatic. Hours granted from the Shared Sick Leave Pool may be used only for reasons stipulated in the request.
THE USE OF LEAVE THAT IS NOT IN ACCORDANCE WITH PROCEDURES AND REQUIREMENTS OUTLINED IN THIS POLICY MAY CONSTITUTE PAYROLL FRAUD AND WILL BE DEALT WITH ACCORDINGLY.
- If the University chooses to end the Shared Sick Leave Pool program, any accrued leave in the pool will continue to be used until depleted. The program will not be terminated until the Leave Pool Review Committee considers the circumstances in question, and forwards a recommendation to the University President.
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