4.21. Leave

Annual and sick leave shall be earned by each full–time and each part–time employee who has a regular tour of duty, except that no employee shall earn annual or sick leave while serving under emergency or restricted appointment. The earning of such leave shall be based on the equivalent of years of full–time state service and shall be creditable at the end of each regular pay period in accordance with the following general schedule:

Years of service	Per hour	Per pay period	Approximatedays per year
Less than three	.0461	3.6880	12
Three but less than five	.0576	4.6080	15
Five but less than 10	.0692	5.5360	18
10 but less than 15	.0807	6.4560	21
15 or more	.0923	7.3840	24

If an employee is on leave without pay for some or all of the pay period, then the leave earning amount will be pro–rated accordingly.

No employee shall be credited with annual or sick leave:

For any overtime hour.
For any hour of leave without pay.
While on leave with or without pay, until such time as the employee returns to active working duty, except where inability to return to duty is caused by illness or incapacity as defined by Rule 1.39.1.
For any hour in on–call status outside of regular duty hours as defined in Rules 11.1 and 11.2.
For any hour of travel or other activity outside of regular duty hours as defined in Rules 11.1 and 11.2.
For any hour of a holiday or other non–work day which occurs while on leave without pay.

Each employee upon separation from the classified service shall be paid the value of accrued annual leave in a lump sum disregarding any fraction of an hour. No payment for annual leave shall operate to continue the payee as a classified employee beyond the last day of active duty.

No terminal payment for annual leave earned under these rules shall exceed the value of 300 hours, computed on the basis of the employee’s hourly rate of pay at the time of separation.

4.21.1 Use of Annual Leave

Annual leave is leave with pay granted for the purpose of rehabilitation, restoration and maintenance of work efficiency or for transacting personal business. Vacations should be scheduled well in advance with the approval of the supervisor.

Each employee must apply in writing and in advance for annual leave. All supervisors and the appointing authority must approve the application before the leave period begins. The minimum charge to annual leave records shall not be less than one–half hour. All unused annual leave is carried forward to succeeding calendar years without limitation. Annual leave shall not be charged for non–work days. However, Civil Service defines non–work days as official state holidays, Saturdays and Sundays. Since “university closures” are not official state holidays, Civil Service rules require that employees be charged either annual leave, compensatory leave, or leave without pay for the closure days.

4.21.2 Enforced Annual Leave

(a) Subject to subsection (b) hereof, and military leave provisions in Rule 11.26, an appointing authority may require an employee to take annual leave whenever in his or her administrative judgment such action would be in the best interest of the department.

(b) No employee shall be required to reduce his or her accrued annual leave to less than 240 hours; however, subject to the military leave provisions of Rule 11.26, an employee may be required to take any part or all of his or her accrued annual leave prior to being granted leave without pay.

4.21.3 Use of Sick Leave

If employees have sufficient sick leave credited to their records, they may use it for:

Illness or injury which prevents them from performing usual duties.
Medical, dental, or optical consultation and treatment for the duration of time required for such appointments when it is not possible to arrange such appointments for non-duty hours.
Assertion, supported by medical certification, of their own need to be isolated from the workplace to avoid a health risk exposure during a health pandemic declared by the Governor because of a diagnosed high-risk immunological disorder.
The need to care for a child as defined by the Family and Medical Leave Act when there is a health pandemic declared by the Governor, and there is no other suitable person available to care for the child because their school or place of care has been closed or the childcare provider is unavailable due to directly related to the health pandemic.
In lieu of requesting annual leave, an employee who has sufficient leave to their credit may request sick leave for necessary absence from duty for the following reasons:
- Illness, or injury of an immediate family member which necessitates the absence.
- Medical, dental, or optical consultation or treatment for immediate family members when it is not possible to arrange such appointments for non-duty hours.

Leave under the above subsection may only be used when approved by the appointingauthority or his designated representative.

Employees should report absence from work because of illness, 1) to supervisors preferably at least two hours prior to the time that they are expected to be on duty, but no later than the time when they are scheduled for duty, or 2) designate someone who will reliably give this notification within the specified time if they personally are physically unable to do so. Employees must still make the effort to contact their supervisor as soon as they are physically able. Because departments operate on different schedules, this time may vary. If so, the supervisors will inform employees of the time for their department. As soon as employees return to work, they must complete a leave application form, stating the cause of the absence. The appointing authority may require a statement from a registered physician or some other acceptable proof that the employee was ill and unable to report to work.

Sick leave shall not be charged for non–work days. The minimum charge for sick leave shall be one–half hour. Sick leave may be taken for maternity purposes. See policy on Maternity Leave and Family Medical Leave Act.Employees on approved annual leave or off due to University closures who become sick will be required to produce a physician’s statement to the appointing authority before changing leave status to sick leave.

Employees on approved annual leave or off due to University closures who become sick will be required to produce a physician’s statement to the appointing authority before changing leave status to sick leave.

4.21.4 Certificates Required When Sick Leave is Taken

If an employee will be off work for an extended period of time due to illness or surgery, a doctor must certify in writing that the employee is unable to perform regular duties. When well enough to return to work, the employee must furnish this office with a physician’s statement indicating that the employee is able to return to regular duties. In the event of excessive absenteeism, the appointing authority may require that for each absence the employee produce a physician’s certification upon returning to work.

4.21.5 Cancellation or Continuance of Annual and Sick Leave

All annual leave accrued by an employee whose services are terminated for cause except that for which he or she must be paid, and all sick leave accrued shall be cancelled at the time of termination.

All annual leave accrued by an employee for which he or she is not paid upon being laid off and all sick leave accumulated shall again be credited to the employee if re–employed in permanent status within five years following layoff.

All annual leave accrued by an employee for which he or she is not paid upon resignation and all unused sick leave accumulated shall again be credited to the employee if re–employed in permanent status in the classified service within a period of five years from the date of separation. The privilege of this rule shall not extend to any employee whose last separation from the Service was by resignation to escape possible disciplinary action.

4.21.6 Transferring Annual and Sick Leave between Agencies

All annual leave accrued by an employee for which he or she is not paid and all sick leave accrued whenever there is an employment change from one agency to another agency shall be certified by the former agency to the other agency and shall be credited to the employee.

4.21.7 Civil, Emergency and Special Leave

An employee shall be given time off without loss of pay, annual or sick leave when:

Performing jury duty.
Summoned to appear as a witness before a court, grand jury, or other public body or commission, provided that for purposes of this subsection a plaintiff or defendant shall not be considered a witness, nor shall this subsection apply to an employee summoned as a witness as a result of employment other than state employees.
Performing emergency civilian duty in relation to national defense.
The appointing authority determines that he or she is prevented by an act of God from performing duty.
Voting leave (amended and re–enacted effective Jan. 11, 1989 as Rule 11.23.2).
Participating in a State Civil Service examination on a regular workday, or taking a required examination pertinent to the examinee’s state employment, before a state licensing board.
The appointing authority determines that because of local conditions or celebrations it is impracticable for his or her employees in such locality to work.
The employee is ordered to report for pre–induction physical examination incident to possible entry into the military forces of the United States.
The employee is a member of the National Guard and is ordered to active duty incident to local emergency, act of God, civil or criminal insurrection, civil or criminal disobedience, or similar occurrences of an extraordinary and emergent nature which threatens or affects the peace of property of the people.
Engaged in the representation of a client in a criminal proceeding pursuant to an order of a court of competent jurisdiction, provided if compensation for such services is available from another source, he or she may not accept the special leave and the compensation.
The employee is a member of the Civil Air Patrol and incident to such membership is ordered to perform duty with troops or participate in field exercises or training, except that such leave shall not exceed 15 working days in any one calendar year and shall not be used for unit meetings or training conducted during such meetings.

4.21.8 Funeral Leave

Probationary and permanent employees may be granted time off without loss of pay, annual leave or sick leave when attending the funeral or burial rites of a parent, step–parent, child, step–child, brother, step–brother, sister, step–sister, spouse, mother–in–law, father –in– law, grandparent or grandchild; provided such time off shall not exceed two days on any one occasion.

4.21.9 Military Leave

Probationary and permanent employees who are members of a Reserve Component of the Armed Forces of the United States shall be entitled to military leave with pay when placed on “military active duty for training” by order of an authority of the Armed Forces of the United States and when given constructive credit for such training.

Maximum military leave with pay for “military active duty for training” is 15 working days per calendar year.

The appointing authority may grant an employee annual leave or leave without pay or both in accordance with other provisions of these rules for such periods which exceed fifteen working days in any calendar year.

4.21.10 Maternity Leave

An employee may be granted sick and annual leave or leave without pay, during the period of confinement for the birth of a child, not to exceed 12 calendar weeks, including holidays and regular days off.

There may be extenuating circumstances where complications arise from pregnancy or childbirth, and, in such cases, the employee will obtain an additional certificate from the physician.

In accordance with this policy, an employee requesting maternity leave will submit a written request for leave through the proper channels to Human Resources indicating the beginning and termination dates of leave as recommended by the attending physician. The physician’s statement will be attached to the request for leave.

In order to prepare for a possible replacement of an employee who shall be granted maternity leave, the employee’s request should reach Human Resources 30 days in advance of the proposed leave. Changes necessary from the original request are to be reported not later than one month prior to the termination of an approved leave period.

Time sheets for all payrolls occurring while the employee is on approved leave should be submitted prior to the employee’s absence. The submitting of time sheets covering periods of leave is the employee’s responsibility and should be submitted to payroll when due.

4.21.11 Family and Medical Leave Act of 1993

4.21.11.1 Purpose

To define the policy and procedure of Nicholls State University with regard to family leave required by the Family and Medical Leave Act of 1993.

4.21.11.2 Policy

Employees who have worked for Nicholls State University for at least twelve (12) months and at least 1,250 hours during the prior twelve (12) months may take up to twelve (12) weeks of unpaid leave for the following reasons:

To care for a newborn son or daughter;

For the placement of a son or daughter with the employee for adoption or foster care.

To care for a spouse, child, or parent with a serious health condition;

Because of the serious health condition which renders the employee unable to perform the functions of the employee’s position.

In the case of unpaid leave for the birth or placement of a child, intermittent leave or working a reduced number of hours is not permitted unless both the employee and Nicholls agree prior to taking the leave. If both spouses are employed by Nicholls, the combined leave shall not exceed twelve (12) weeks.

In the case of unpaid leave for serious health conditions, the leave may be taken intermittently or on a reduced–hours basis only if such leave is medically necessary. If intermittent or reduced hours leave is required, Nicholls may in its sole discretion temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates that type of leave.

During family leave of absence, Nicholls will continue to pay its portion of the health insurance premiums and the employee must continue to pay his or her share of the premium. Failure of the employee to pay his or her share of the health insurance premium may result in loss of coverage. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse Nicholls for payment of health insurance premiums during the family leave, unless the employee does not return because of the presence of a serious health condition which prevents the employee from performing his or her job or circumstances beyond the control of the employee.

During unpaid leave, the employee shall not accrue employment benefits, such as annual or sick leave. Employment benefits accrued by the employee up to the day on which family leave of absence begins will not be lost.

Employees may be required to use their available annual leave during part or all of the twelve (12) week family leave, and available sick leave may be required when family leave is taken due to a serious health condition of the employee.

Employees who return to work from family leave of absence within or on the business day following the expiration of the twelve (12) weeks are entitled to return to their job or an equivalent position without loss of benefits or pay.

Applications for family leaves of absence must be submitted in writing on the official Nicholls State University “Request for Leave” form. Applications should be submitted at least thirty (30) days before the leave is to commence, or as soon as possible if thirty (30) days notice is not possible. Appropriate forms must be submitted to the Office of Human Resources to initiate family leave and to return the employee to active status. Employees requesting family leave must provide Nicholls with the appropriate medical certification.

4.21.12 Crisis Leave Pool

The Crisis Leave Program is established and approved by the State Civil Service Commission, in accordance with Civil Service Rule 11.34, Crisis Leave Pool.

This policy and procedure outlines the method for participating in the Crisis Leave Program for classified and unclassified employees who are eligible to earn annual leave. The Program’s intent is to provide assistance to employees who, through no fault of their own, have insufficient appropriate accrued leave to cover the crisis leave period.

The Crisis Leave Program is a means of providing paid leave to an eligible employee who has experienced a catastrophic illness or injury to themselves or eligible family member. An employee using leave from a crisis leave pool shall receive leave in sufficient quantity to ensure his/her wage replacement is 75% of the pay he would receive in regularly scheduled work week. The Crisis Leave Pool consists of leave hours donated and used, and is based on the fiscal year, July 1^st – June 30^th of the following year.

4.21.12.1 Definitions

Crisis Leave – annual leave hours donated by classified and unclassified employees who are eligible to earn annual leave, into a crisis leave pool to be used by fellow employees who are suffering from their own serious illness or injury or having to provide care for an eligible family member that is suffering from their own catastrophic illness or injury, which will cause the employee to take leave without pay or terminate employment. Employees may make an irrevocable donation of accrued annual leave to the crisis leave pool.

Crisis Leave Value – annual leave granted as crisis leave shall not exceed 75% of the employee’s pay received in a regular workweek.

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.

o 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.

Licensed Medical Service Provider (LMSP) – a practitioner, as defined in the Louisiana State Licensing Law, who is practicing within the scope of his or her license. This includes licensed physicians (doctor of medicine), doctor of osteopathy or licensed chiropractors, counselors, or therapists as recognized and licensed by the appropriate state boards or authorities.

Eligible employee – an employee of Nicholls State University who is eligible to earn annual leave in accordance with University policy and procedure. Classified employees must have attained permanent status to be eligible to donate or use leave from the leave pool. Unclassified employees must have at least one year (12 months) of service with the University to donate or use leave from the leave pool.

Eligible family member – In accordance with the Family Medical Leave Act, an employee’s spouse, children (son or daughter), and parents are immediate family members. The term “parent” does not include a parent “in-law”. The terms son or daughter do not include individuals age 18 or over unless they are “incapable of self-care” because of mental or physical disability that limits one or more of the “major life activities” as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).

4.21.12.2 Crisis Leave for Employees

Crisis Leave shall be applied for by the employee and may be taken only when recommended by the Review Committee and approved by the University President or his/her designee. The supervising LMSP must provide written documentation of the need for leave. The Review Committee may choose to require an opinion from another provider, especially for extended leaves.

To be eligible to participate in the Crisis Leave Program, an employee shall:

be a full-time employee who is eligible to earn annual leave according to University leave policy and procedure,

have attained permanent status (classified employees), or one year of service (unclassified employees), to be eligible to donate or use leave from the leave pool,

have exhausted all appropriate accrued leave (annual or sick or compensatory) before requesting crisis leave from the pool,

have exhibited satisfactory attendance (with no history of leave abuse), and is not absent from work due to disciplinary reasons,

have a serious illness or injury that is not occupationally related (not eligible for coverage by workers’ compensation) or was not attained in the commission of an assault or felony,

have an eligible family member suffering from a serious illness or injury,

provide the appropriate documentation from LMSP.

Leave donating participants shall retain three (3) days of accrued annual leave at all times for personal use. Employees shall not be permitted to donate to the Program if they have fewer than 3 days (24 hours) of annual leave. No employee who participates in the Program may contribute more than thirty (30) days (240 hours) of their accrued annual leave each fiscal year.

Employees who use annual leave from the Crisis Leave Pool shall not be expected to pay it back. Donations to the pool are irrevocable.

Donations to the Crisis Leave Pool come from a participating employee’s “annual” leave only. Accrued “sick” and “compensatory” leave donations to the Crisis Leave Program are not permitted.

Donations shall only be allowed to the Crisis Leave Program pool and not to an individual participating employee.

Nicholls State University limits the number of days a participating employee or employees can draw from the Crisis Leave Pool to 30days (240 hours) per fiscal year, and is limited to 100 days (800 hours) per employee for total participation in the Crisis Leave Program.

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.

4.21.12.3 Crisis Leave Procedure

The adoption of this Crisis Leave Program or any other subsequent amendment to this policy shall not create a legal entitlement. No employee will be coerced or pressured in any form or manner to donate leave.

There must be a leave balance in the Crisis Leave Pool in order for an employee to receive donated leave. No leave will be advanced in anticipation of additional donations.

A Review Committee, appointed by the University President, shall consist of two (2) classified employees, two (2) unclassified employees, and 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 Crisis Leave Policy along with the Leave Donation Form will be issued to all eligible employees after the policy is approved by the Board of Supervisors for the University of Louisiana System and the Civil Service Commission. After initial policy notification, the policy and donation of leave forms will be issued. All leave donation forms will be routed directly tothe Payroll Office.

To donate leave to the pool:

Forward the Leave Pool Donation Form (LP1) directly to the Payroll Office.

To apply for crisis leave through the pool:

Forward the Application for Use of Leave Pool Hours (LP2) and all relevant documentation directly to the Directorof 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, annual leave will be converted on an hour for hours basis regardless of the value of the annual leave being donated or received. Annual leave will be transferred from the pool as it is needed on a per payroll basis. Annual leave from the pool shall be granted on a first-come, first-served basis.

The granting of crisis leave 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 crisis leave subject to the limits outlined in this policy; however, extensions of crisis leave are not automatic. Hours granted from the Crisis 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.

The value of the annual leave granted as crisis leave shall not exceed 75% of the employee’s pay received in a regular workweek. (Example: If in a crisis leave status for a 40 hours work week, the employee will report 30 hours of leave with pay and 10 hours of leave without pay.)

An employee in crisis leave status will be considered in partial paid leave status and will continue to receive benefits as appropriate. Employees on crisis leave will not accrue paid leave.

If the University chooses to end the Crisis Leave Program, any accrued leave in the pool will continue to be used until depleted.

4.21.13 Policy on Leave without Pay

Civil Service Rule 11.27 stipulates that an appointing authority for reasonable cause may grant leave of absence without pay to an employee for a period not to exceed one year, provided that such leave shall not prolong the period of appointment; and the rule further states that, with approval of the director of the Department of Civil Service, periods of leave of absence without pay in excess of one year may be granted to a permanent employee.

The appointment of a provisional employee or a probational employee who fails to return to duty in pay status on or before the first working day following the expiration date of any period of leave without pay extended him shall terminate as of the close of business on such expiration date. If a permanent employee who has been extended leave of absence without pay fails to report for or refuses to be restored to duty in pay status on the first working day following the expiration of an approved leave of absence, or at an earlier date upon reasonable and proper notice from the appointing authority, he or she shall be considered as having deserted his or her position and shall be removed in accordance with provisions of Chapter 12 of the Civil Service Rules.

The appointing authority on his or her own initiative or at the request of the employee may curtail a period of leave of absence without pay extended an employee, provided such curtailment is for the best interest of the agency and reasonable and proper notice thereof is furnished to the employee.

In addition to any disciplinary action which may be imposed against an employee for an unapproved absence, such employee may be placed on leave without pay by the appointing authority for the period of unapproved absence.

It is University policy that, when leave without pay is approved, it will be granted on the basis that employee will be reinstated at the University to a position of like status and pay. This may or may not be the same position that was occupied at the time that the request was made.

Before entering leave without pay status, the circumstances involving the suspension of membership into the Retirement System should be investigated by contacting Human Resources. The Controller’s office should be consulted concerning the effect of leave without pay on any insurance carried.

An employee who has no accrued leave balance or who has an insufficient leave balance to cover absences necessitated during a pay period shall be on leave without pay and notification of this leave without pay should be given immediately to Human Resources.

4.21.14 Educational Leave

The University’s mission is to distinguish itself as an institution of the highest quality of higher education. As such, it also encourages the academic growth and development of its employees by providing them the opportunity to complete an academic course a semester during the regular workweek. Complying with the following conditions and procedures will enable the employees of Nicholls this opportunity to continue their education.

Leave without pay for educational purposes may be granted an employee for a period equivalent to the period of enrollment in the course or degree program, provided that it is in accordance with established agency policy on leave without pay.

Employees may be granted educational leave with pay during their regular work hours to take only one class per semester, including summer sessions. Any other approved classes taken during regular work hours must be with annual leave or leave without pay. Such leave will be granted only when it is not disruptive to the normal operation of that unit. Written approval by the appropriate vice–president will verify and insure that staffing needs are being met.

Employees will not be allowed to change either their work schedules or their lunch hours for the purpose of taking more than the one allowed course during their normal work hours. If any employee wishes to take a second course which falls within his or her normal lunch hour with no overlap into work hours, this will be permitted. Unless otherwise noted and approved differently, the “normal” lunch period is considered to extend from 11:30 a.m. to 1:30 p.m.; thus, as long as the office work is covered, the lunch hour of an individual may fall anywhere within that time period. Please be reminded that the lunch hour is composed of one half hour and two 15–minute break periods. When an employee chooses to take a class during this hour, he or she shall not take breaks during the day. Courses taken before and after normal work hours will not be affected.

Classes taken that fall within the “one class per semester” must be job related. The university recognizes that an employee working toward a degree and having a degree plan on file with the university will be considered as taking courses that are job related in accord with the goals and objectives of higher education.

Educational leave request must be submitted on Educational Leave Form G–3 and must be approved prior to taking the leave. Part II of Form G–3 must be submitted to the Office of Human Resources upon completion of the class.

In addition to employee participation in approved educational leave, there may be additional training or additional education attained by employee participation at conferences or meetings relating to employee’s work or office functions, not formally requested on Form G–3. Verification by employee of additional training or education becomes a part of the employee’s personnel record at the agency and at the Department of Civil Service. Also, participation of an employee in agency–sponsored or required training is made a part of each participant’s record. Notification by employee should be given to the personnel office of acquisition of new skills or training whether acquired during employee’s regular tour of duty or on employee’s own time. This is to include meetings that provide training relative to some phase of employee’s work.

4.21.15 Attendance and Leave

Hours of duty must be rigidly observed. Excessive tardiness in reporting for duty and/or absences from duty station that have not been properly and fully authorized or which are without justification are not tolerated and may be the basis for disciplinary action which could include the removal of an employee. All employees must understand that leave practices will be in accordance with agency–established laws and policies; and any employee who fails or refuses to follow these laws and policies subjects himself to possible serious disciplinary measures. Disciplinary action will be taken for false claims of sick leave.

If, for any reason, employees are unable to report for work as scheduled, it is the employees’ responsibility to l) notify the supervisor (or some other official if the supervisor cannot be reached) of the emergency nature of the absence, preferably at least two hours prior to the time that the employees are expected to be on duty, but no later than the time when they are scheduled for duty, or 2) designate someone who will reliably give this notification within the specified time if employees personally are physically unable to do so. The employee must still make the effort to contact the supervisor as soon as physically able.

4.21.16 Leave Requests, Prior to Taking Leave

The Request for Leave Form is to be used for all absences from duty. All leave should be approved by all supervisors in advance of taking leave, including medical or dental appointments or scheduled surgery, except that leave which must be taken in an emergency.

No employee is to assume the right of leave for a “couple of hours” without proper and full authorization simply because he or she is earning leave or has a leave balance accrued. No employee is to assume the “right” of leave unless it is of an emergency nature without submitting the proper written request. Leave is not actually authorized unless all signatures required on the Request for Leave form are obtained. It is every employee’s responsibility to know their leave balances (shown on bi–weekly check stub); to complete his or her own Request for Leave Form, and to promptly take it to the supervisor for approval in advance of taking leave and to see that the form is processed for other signatures in advance of taking leave. In some departments, there is a designated employee who will handle this upon request.

Failure to follow established policy concerning requesting and taking leave may result in an employee being placed on leave without pay for the period of unauthorized leave and may result in other disciplinary measures being taken. Continued infractions of any rule or policy may result in such employee’s dismissal or removal from the state service. See also the policy on non–disciplinary removal for unscheduled absences on the Human Resources policies website.

4.21.17 Leave Requests, General

As previously stated, each full–time employee will work 40 hours per week, and each part–time employee will work a specified number of hours per week. Thus, an employee who is on duty fewer than the prescribed number of hours is actually on some type of leave.

Written requests for leave will include, for example:

Sick: Scheduled appointments to see a doctor, scheduled surgery. (If worker’s compensation accident, refer to Procedure for Reporting Accidents. Make certain all accidents are reported).
Annual: Rest, rehabilitation, restoration and maintenance of work efficiency, home responsibilities, or to take care of personal business.
Civil: Performing jury duty. Employee must provide the subpoena ordering the duty, giving dates and place where duty is to be performed. It will also be necessary to provide written proof of attendance upon completion of duty. This proof must be attached to the time sheet for the appropriate pay period. Summoned to appear as a witness before a court, grand jury, or other public body. Employee must provide proof, case, location and dates. A plaintiff or defendant shall not be considered a witness and may not use civil leave in those circumstances. A full explanation must be given to determine type of leave that may be used.
Special: Voting in an election. If employee must vote during working hours, provide location where voting occurs. Taking Civil Service examinations or other examinations pertinent to employment. Provide a notice card indicating the type of examination (ex. Stenographer Clerk II), when taken and at what location. Military pre–induction physical or National Guard duty. Specify location, dates, and authority.
Educational: Use Form G–3. Remember that oral permission from one or more supervisors is not sufficient and that employee must complete request for such leave in writing.
Family & Medical Leave: Give dates in accordance with family medical leave policy. If for personal illness, attach physician’s certificate to leave request form.
Maternity: Give dates in accordance with maternity leave policy. Attach physician’s certificate to leave request form.
Leave Without Pay: Specify reason. Refer to Leave Without Pay section. This request must be processed promptly in order to make the necessary payroll adjustment.
Emergency: This refers to emergency civilian duty and death in family. Regarding death in family, written request is appropriate only depending upon circumstances and/or closeness of employee to deceased.
Compensatory: This refers to leave taken from compensatory hours earned in lieu of overtime pay for overtime hours worked. This type of leave is without penalty to sick or annual leave balances.

Written requests for leave are subject to change. If an employee is unable to take the requested leave, he or she may verbally cancel this leave by calling Human Resources. If more leave is required, an additional leave request must be submitted. If an employee wishes to change the dates of the requested leave, an additional request should be submitted with indication made on it to void previous request. Employees should keep a record of all requests for leave.

If the leave approved falls within the end of a payroll, employees must ensure that time sheets are submitted prior to going on leave. If the leave approved covers more than one payroll period, employees must submit the necessary time sheets to cover these periods prior to going on leave.

4.21.18 Use of Compensatory Time

In accordance with Louisiana State Civil Service Rule 21.6 (b) for classified employees and University of Louisiana System PPM FS.III.XXI.-1 Section VII C for unclassified employees relating to the use of compensatory time, the appointing authority may require employees credited with compensatory time to use such compensatory time at any time.

By the authority vested in the rules of State Civil Service and the Policies and Procedures of the University of Louisiana System, it shall be the policy of Nicholls State University that employees who have been credited with compensatory time shall be required to use compensatory time when requesting time off from work in lieu of using annual leave for those instances where annual leave would have been requested if the employee did not have any earned compensatory time.

It is not the intention of this policy to require an employee to split a full day of leave taken with a portion of compensatory leave and a portion of annual leave. In those cases where an employee is requesting time off and the employee does not have sufficient compensatory time equal to or greater than the amount of time being requested, the employee should take compensatory time in eight hour increments and use annual leave for the balance of the hours needed for the time off being requested.

An employee can choose to split the type of leave requested during an eight hour period between annual leave and compensatory leave in order to make up the total number of hours of leave being requested.

An employee requesting less than 8 hours of time off from work should use compensatory time for the requested time off if the employee has compensatory time available.

4.21.19 Parental Leave

(a) This rule provides up to 240 hours of paid parental leave without deduction to an eligible employee’s annual, sick, or compensatory leave balances. Such leave shall be for a qualifying purpose related to an employee’s child born or placed with the employee for adoption or foster care on or after January 1, 2024, and as described throughout this rule.

(b) Qualifying Events:

1. Birth of a child;

2. Placement of a child under the age of 18 with the employee for adoption;

3. Placement of a child under the age of 18 with the employee for foster care.

1. Parental leave is only available to employees in leave-earning positions on the date of the qualifying event;

2. Parental leave is only available to employees who on the date of the qualifying event have been employed by the State for at least 12 months and who have actually worked at least 1,250 hours in the 12 months preceding the parental leave request.

3. Parental leave is only available to the legal parents, adoptive parents or foster parents of the child for whom parental leave is taken when said parents have an active and on-going role in parenting the child and are taking leave for one of the qualifying purposes set forth below. For purposes of this rule, a legal parent is a person having a genetic relationship to the child or filiated to the child through legal presumption or assisted reproductive technology.

(d) Qualifying Purposes:

1. For a legal, adoptive or foster parent to bond with the child for whom leave is taken.

i. A need to bond with the child exists when there is a new relationship between the parent and
child and the employee will spend time with the child to create an on-going mutual
attachment. This rule is not intended to apply where a relationship resembling parent-child
already exists and the primary change is the legal nature of the relationship. (Examples: foster
parent to adoptive parent; some intra-family adoptions such as adoptions by step-parents.)

2. For adoptive or foster parents to attend post-placement court proceedings or mandatory
meetings related to adoption or foster placement.

(e) Duration:

1. Parental leave is available for use only during the 12 weeks (84 calendar days) immediately following the commencement of the qualifying event;

2. Parental leave is available for use commencing on the first date of a qualifying event and for only as much of the parental leave period as the employee is engaged in a qualifying purpose;

3. Parental leave may be used continuously or intermittently, in accordance with the need therefor;

4. Unless the Appointing Authority determines that an employee is utilizing parental leave in violation of this rule, the Appointing Authority shall not reduce the parental leave period authorized herein nor interfere with the employee’s use of parental leave as set forth herein.

(f) Compensation:

1. Full-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 240 hours during the available 12-week period;

2. Part-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 6 weeks based upon the employee’s average number of hours worked in the 6 months immediately preceding the commencement of parental leave. (Example: if an employee works an average of 25 hours per week during the 6 month look- back period, the employee shall be paid their base pay for 25 hours per week for 6 weeks).

(g) Limitations:

1. Parental leave shall not be donated to another employee or leave pool;

2. Unused parental leave shall not be reserved for use during a subsequent qualifying event nor
paid to the employee;

3. This rule is not intended to provide any form of unpaid leave after exhaustion of 240 hours (or the appropriate allotment for part-time employees) of paid parental leave. Additional leave, if any, shall be taken under the provisions of another rule, law or policy;

4. At least 12 months shall elapse from the beginning of one parental leave period until an employee is eligible for another parental leave period. For a new parental leave period, there shall be a new qualifying event on or after the 12-month waiting period and the eligibility requirements of section (c) shall be satisfied as of the date of the new qualifying event;

5. Eligible employees utilizing parental leave for occurrences also qualifying under the Family and Medical Leave Act (“FMLA”) shall use FMLA leave concurrently with parental leave;

6. When both parents to the child for whom parental leave is taken are employed in the state classified service, each is entitled to utilize a full 240-hour (or the appropriate allotment for part-time employees) parental leave period.

7. In using parental leave, employees shall follow their agency’s customary leave practices. That is, as practicable, advance notice of leave needs shall be provided and leave approved prior to use;

8. An employee’s use of parental leave in accordance with this rule and agency policy shall not have a negative impact upon their employment relationship. Employees not utilizing parental leave in accordance with this rule and/or agency policy may be disciplined, including the
possibility of separation or dismissal.

(h) Establishing Eligibility for Parental Leave:

1. Prior to granting parental leave, an Appointing Authority shall have the requesting employee complete a request form developed by the Director.

2. In addition to the request form, an Appointing Authority may require an employee requesting paid parental leave to produce acceptable proof in support of their request, such as a birth certificate or insurance certificate confirming their relationship to the child for whom parental leave is requested or proof of attendance at court proceedings or other mandated meetings related to adoption or foster placement. An Appointing Authority shall not require that an employee produce medical records or scientific evidence to prove paternity.

Changes to Section of Manual

Section	Effective Date	Origin	Change Form
N/A

Nicholls State University

FACULTY/STAFF POLICY & PROCEDURE MANUAL