Your vacation time is earned on a monthly basis. It may not be taken before it is earned, except that a fraction of a day exceeding one-half day may be counted as an earned day. Your vacation time may be taken with advance permission of your supervisor any time after you have earned it, except that vacation time may not be taken during your probationary period.
In no case may you receive pay instead of vacation while you are an employee at the University, nor will you ever receive payment for more than the equivalent of two times your annual allocation of vacation accumulation up to a maximum of 40 days for non-exempt employees and 44 days for exempt employees upon termination of your employment. Your vacation time is based on your full-time equivalency (FTE).
Your length of service is determined by the number of fully completed months of continuous service from your date of hire to the anniversary date of hire to subsequent anniversary dates of hire.
Benefit Group A (see definition): If you are in this group, you are eligible for paid vacation in accordance with the Vacation Eligibility table which is based on length of service and a 12-month appointment.
Benefit Groups B-F (see definition): If you are employed in benefit groups B-F, you are eligible for paid vacation in accordance with the Vacation Eligibility table. Your earned vacation time is prorated in relation to your FTE and term of appointment. For example, if your FTE is 75% and you are employed at the University for three years in an exempt position, you are entitled to 12.75 days of vacation annually.
If you work less than 100% FTE, multiply the appropriate hours earned per month by your FTE.
If you work with a full-time 9, 10, or 11-month term of employment, you'll
earn the same hours but no accrual takes place during months not worked.
| Vacation Eligibility | |
| Non-Exempt Employees | |
| 0-4 years | 10 days per year; .833 days per month; 6.25 hours per month* |
| 5-9 years | 15 days per year; 1.25 days per month; 9.375 hours per month* |
| 10-12 years | 20 days per year; 1.666 days per month; 12.50 hours per month* |
| 13-15 years | 21 days per year; 1.75 days per month; 13.125 hours per month |
| 16-20 years | 22 days per year; 1.833 days per month; 13.75 hours per month |
| 21-24 years | 24 days per year; 2 days per month; 15 hours per month |
| 25 or more years | 25 days per year; 2.083 days per month; 15.625 hours per month* |
| Exempt Employees | |
| 0-4 years | 17 days per year; 1.42 days per month; 10.625 hours per month* |
| 5-9 years | 22 days per year; 1.833 days per month; 13.75 hours per month* |
| 10-12 years | 23.5 days per year; 1.958 days per month; 14.6875 hours per month* |
| 13-15 years | 24.5 days per year; 2.042 days per month; 15.3125 hours per month* |
| 16-20 years | 25 days per year; 2.083 days per month; 15.625 hours per month* |
| 21-24 years | 26 days per year; 2.167 days per month; 16.25 hours per month* |
| 25 or more years | 27 days per year; 2.25 days per month; 16.875 hours per month* |
| *for those working a 37.5-hour week |
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Review your vacation plans with your supervisor once or twice a year. It is a good idea to plan your requests as far in advance as possible. Generally, your requests are granted. When they cannot be granted, your supervisor will be as flexible as possible in providing alternate dates. When operational, budget, or scheduling problems make it necessary, your supervisor may designate a specific vacation period.
You may use your annual vacation time during the same year it is accumulated. And you may request to carry over vacation time into the following year, as long as the total amount to be carried over is not more than twice your annual allocation. Your supervisor may, however, ask you to take your vacation time instead of carrying it forward.
The maximum number of vacation days that can accumulate is two times your current yearly allocation (see Schedule 1). Generally, any time over that amount is forfeited. Clearly, it is to your advantage to take your vacation time. In the rare instance when excess vacation has accumulated because your supervisor has not granted an opportunity for you to take vacation, a three-month grace period must be granted during which the vacation time subject to forfeit may be taken. If there is any disagreement, it is your supervisor's responsibility to provide documentation that previous vacation opportunities were provided.
During a non-exempt employee's probationary period, vacation time is earned, but it may not be used. If you resign or are terminated after completing the probation period, you will be paid for accumulated vacation time up to the time of separation. Non-exempt employees whose last day of work is within the probationary period will not receive payment for accrued vacation.
Vacation time accrues during a paid leave, but not during an unpaid leave. (Employees working less than 12 months a year will accumulate vacation only during the months of their normal term.) For example, an academic-year employee who works during the summer and is paid wages or an extra payment will not earn vacation during those summer months.
If you leave UVM after three or more years of at least half-time continuous regular service, and if you are re-employed in another half-time or more continuous regular position within two years of your original separation (except in cases of termination for cause), vacation will accumulate at a rate based on the benefits group and the length of service credited at the time of re-employment. Also, if terminated involuntarily other than for cause, and you return within three years, the previous length of service will be applied when determining how much vacation is accrued.
Supervisors must keep a record of vacation time used for all staff. Twice a year, on September 30 and March 31, those records will be reviewed and signed by you, your supervisor, and the vice president, dean, director, or designee. Each keeps a copy, and a copy is sent to Human Resources/Payroll Records.
When you terminate or when you transfer to another department, a copy of your
attendance record must be sent to Human Resources/Payroll/Records with your personnel
action form and, for salaried employees, your salary distribution form. You'll
note on the personnel action form in the comments section how much vacation time
should be paid. To be paid for accumulated and unused vacation at the time of
termination, your department's records must verify the number of accumulated
vacation days. Attendance forms are available in Human Resources/Payroll Records,
228 Waterman, 656-3150.
UVM observes 12 holidays each year -- eleven full holidays and two half-day holidays. These are:
Benefit Groups A and B: Employees, including those on probation, are entitled to be paid for holidays observed by UVM.
Benefit Groups C- F: Time off for paid holidays is prorated according to the following formula:
FTE x 7.5 hours or
FTE x 8 hours = the number of hours of holiday time you should receive for each
whole day observed by UVM.
A full-time day is either 7.5 hours or 8 hours. If a full-time work week for the position is 37-1/2 hours, use 7.5 for the formula. If a full-time work week for the position is 40 hours, use 8.
The University pays 7-1/2 or 8 hours (for full-time staff), depending on your work schedule, for each recognized holiday, regardless of your scheduled number of hours per work day. For instance, if your work day is normally 12 hours, UVM pays 7-1/2 or 8 hours of holiday pay, dependent upon the number of hours in your normal work week, 37-1/2 or 40.
You are entitled to the same percent of the holiday as the percent of FTE that you normally work. For example, if your FTE is 60%, you are entitled to 60% of each holiday observed by UVM.
If your FTE is 60%, and you normally work 60% of each day, Monday through Friday, you may take the holiday when it occurs.
If your FTE is 60%, and you normally work 7 1/2 hours on three days a week, you may take the holiday when it occurs, but you will be paid for only 60% of the day and you must make up three hours extra time in the work week. If the holiday falls on a day when you do not normally work, you may take 60% of another workday mutually agreed upon by you and your supervisor.
If you are a temporary employee or do not fall into any of the six benefit groups, you do not receive paid holidays.
In recognition of the increasingly diverse nature of the UVM community, the University allows individuals to celebrate days of particular religious, cultural or personal importance which vary from those during which the University is closed. Examples include Good Friday, Yom Kippur, Tet, a birthday, Veterans Day, an anniversary, or Kwanzaa.
You may annually designate up to three such holidays of your choice. For part-time staff, prorated benefits will apply. This designation takes place in advance, normally during the employee benefits enrollment period to allow sufficient planning within your department to assure this time off whenever possible. Your designation is for the calendar year. If taking the requested time off will create an unavoidable hardship for the department, you may be required to work but you will be compensated at the normal holiday premium rate if non-exempt, or receive matching compensatory time off if exempt.
The source of the first such day off is a University holiday with no specified date. You must follow the above guidelines regarding designation to make use of this day off. This holiday does not accrue or carry forward beyond the end of the calendar year. For additional such holidays up to the maximum of three, you may use existing personal days, vacation days, earned compensatory time off or personal leave without pay for these purposes. You may not designate a cultural holiday and charge it to medical leave.
Generally speaking, you may not exchange a current University holiday for a cultural holiday. For example, you may not work on the day after Thanksgiving and take another day later as holiday time. As a rule, it is not beneficial for an employee to be at work when the University is closed.
If you are a non-exempt employee and you are required to work on the paid cultural holiday, you will receive time and 1/2 your pay plus your regular pay for that day. If you are required to work on one of the two days for which you would have used vacation or personal time off, you will simply receive time and 1/2 your pay for that day.
If you are an exempt employee and are required to work on a cultural holiday, matching compensatory time will be provided at another time.
If warranted, this policy will be adjusted after the calendar year 2000.
If you are a non-exempt employee and are called in to work on an emergency basis on a holiday, you will be compensated at the rate of one and one-half times your straight-time base rate for the actual hours worked on the holiday in addition to the 7-1/2 or 8 hours (depending on your normal work schedule) of paid holiday time.
If you are a non-exempt employee whose normal duties require you to work on a holiday, you will be compensated 7-1/2 or 8 hours at the rate of time and one-half for hours worked, in addition to the holiday pay of either 7-1/2 or 8 hours, depending on the department's work schedule. It is the supervisor's decision to grant compensatory time off or payment in lieu of time off.
If you are an exempt employee and you are required to work on a holiday, you will receive a paid day off at your straight-time rate at a later date.
Your holiday pay is based on your daily shift at straight-time salary or hourly rate and will be considered hours of work when computing the pay period earnings. To receive a paid holiday, you must work your last scheduled workday (or shift) immediately preceding the holiday, and the first scheduled workday (or shift) immediately following the holiday. Paid absences are accepted as days or shifts worked. Holidays that fall during your scheduled vacation or paid medical leave will not count as a day of vacation or medical leave. If you are on a non-paid leave over a holiday, you will not be paid for that holiday.
Non-exempt employees in benefit groups A and B are granted two personal days each year to be taken with the approval of their supervisor. Your year of employment begins on the date of employment and ends the day before the anniversary of your employment. You may not carry forward personal days from year to year, and payment will not be provided for personal days that are not taken. It is to your advantage then to take your two personal days each year.
Exempt employees with less than 20 years of service are not eligible for personal days. Time off for personal reasons will be covered by other forms of time off, i.e., vacation days.
In recognition of their long-term service, exempt employees with 20 years' service receive two personal days a year, and non-exempt employees with 20 years' service will receive four personal days a year.
For non-exempt employees in benefit groups C - F, the amount of personal day time is prorated according to the formulas found in the following table. The result of the appropriate calculation is the number of hours of personal day time the employee should receive in one year.
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| Personal Day Formulations
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| Benefit Group | |
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| A & B | 2 personal days yearly |
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| C | FTE x 15 or 16 hours |
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| D | .75, .83 or .92 x FTE x 15 or 16 hours |
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| E | FTE x 15 or 16 hours |
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| F | .75, .83 or .93 x FTE x 15 or 16 hours |
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a. .75 or .83 or .92 refers to the term of employment. To calculate the personal day time for a 9-month term, use .75 where given in the appropriate formula; for a 10-month term, use .83; for an 11 month term, use .92.
b. 15 or 16 hours refers to the number of hours in two full-time days. If a full-time day for the position in question is 7-1/2 hours (a 37-1/2 hour week), use 15 in the formula. If a full-time day for the position is 8 hours, or a 40 hour work week, use 16.
Requests to use personal days must be made to your immediate supervisor with as much notice as possible. If you are unable to give reasonable notice, your circumstances must justify your request. Personal days may not be used during your initial probation period, but they may be taken during probationary periods associated with promotions or a change in position.
Medical leave may be used during illness, to attend medical and dental appointments, or to actively care for a seriously ill immediate family member. An immediate family member is defined as a spouse (which also includes partner in civil union), child or stepchild, parent or stepparent and parent or stepparent of your spouse or partner to a civil union.
You may also take medical leave for a disability caused by childbearing (providing a doctor certifies your inability to perform your job), or to care for a newborn baby at home with an illness or medical complications. A voluntary or medically-unrelated decision to take a leave before childbirth, or not return to work after childbirth, does not entitle you to medical leave. It may, however, be considered vacation, family leave and/or personal leave without pay.
If you are in benefit group A, you are entitled to 12 medical leave days per year with unlimited accrual. Medical leave accrues at the rate of 1 day per month. If you are in benefit groups B-F, you are eligible for prorated benefits according to the appropriate formula in the table below, Medical Leave Formulations.
Payments will not be made for any accumulated, unused medical leave, either during active employment or upon termination of employment. Once your accrued medical leave has been used up, no compensation will be made for medically-related absences.
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| Medical Leave Formulations
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| Benefit Group | Formula |
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| A | 12 days per year |
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| B | .75, .83, .92, x 12 days/year |
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| C | FTE x 12 days/year |
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| D | .75, .83 or .92 x 12 days/year |
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| E | FTE x 12 days/year |
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| F | .75, .83 or .92 x 12 days/year |
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a. The result of one of the above formulas will equal the time accrued by the employee each year in days. To calculate the hours accrued each month, multiply the result of the appropriate formula by 7.5 or 8 (depending on whether the full-time work week for the position is 37-1/2 or 40 hours) and divide by the term.
b. .75 or .83 or .92 refers to the FTE or term of employment. To calculate the accrual for a 9-month term, use .75 where given in the appropriate formula; for a 10-month term, use .83; for an 11- month term, use .92.
Records of medical leave earned and used must be kept for all exempt and non-exempt staff by the supervisor. Twice a year, on September 30 and March 31, these records will be reviewed and signed by the employee, the supervisor, and the vice president, dean, director, or a designee. Each of these people will keep a copy of the form and a copy will be sent to the Human Resources/Payroll Records office (228 Waterman). When you terminate or transfer to another department, all your attendance records must be submitted with your Personnel Action form. For salaried employees, your Salary Distribution Form will be submitted to the Human Resources/Payroll Records office. Attendance forms are available in the Payroll Records office.
When you use medical leave, you may be required, at the discretion of your supervisor or an appropriate administrative officer, to provide a physician's statement indicating the reason for your absence. In all cases, if you are absent more than five consecutive workdays, you are required to provide a doctor's statement indicating the reason for your absence.
At the discretion of your supervisor, you may be required to provide a physician's statement certifying that you are able to return to work after a serious or extended illness. The statement should indicate your fitness and any limitations you may have in assuming your regular work.
If you are absent for more than two weeks, you must request a formal medical leave from your supervisor. A Medical Leave Request form must be completed and submitted to your supervisor for approval (contact Human Resources/Payroll Records, 228 Waterman, 656-3150).
Employees on medical leave ‹ either paid or unpaid ‹ continue to participate in insurance programs for up to 26 weeks. During an unpaid medical leave, UVM contributions to your retirement plan will not continue, vacation and medical leave will not accrue, and tuition remission is not available. Your dependent children, however, will continue to be eligible for tuition remission during your unpaid medical leave.
Newly Hired Employees
New employees are advanced an immediate accumulation of medical leave equal to the amount accrued in their first year. See the Medical Leave Formulation chart. This is the amount accrued during a one-year period. No additional medical leave is earned until the 13th month of employment, at which time you will accrue medical leave on a monthly basis. If there is no medical leave available to you during an absence, you will not be paid for days missed. If your service is terminated, voluntarily, or involuntarily during your first year of employment and you have used more medical leave than was earned, i.e., one day per month, the pay for the extra days will be deducted from your final paycheck.
Retention of an Employee's Position
Whenever possible, an ill employee's position will be held for six months, whether on paid or unpaid medical leave. If your position cannot be held during your leave, your supervisor must submit substantiating information through the dean or director to the appropriate vice president/provost for final review. When a final decision regarding position retention has been made, your supervisor will notify you of the decision in writing. Upon receipt of your supervisor's written decision not to retain your employment, you will receive a cash payment for any accumulated but unused medical leave and vacation. An exception to this policy occurs if you are paid from restricted funds and funding ends, or you have applied for and have been approved for UVM short-term total and permanent disability coverage. UVM contributions to your medical, dental, group life insurance, and disability benefits will, however, continue for up to six months from the date your illness began.
If you are unable to return to work after six months, a personal leave must be applied for at least 30 calendar days before expiration of your medical leave. Failure to apply will result in automatic termination at the end of your medical leave. Your immediate supervisor may use discretion to grant personal leave that extends your absence for more than six months from the beginning of your illness, but such leave may be granted only if there is an intention to hold your position during the leave. The supervisor must notify you whether the position will be retained for more than six months. UVM cannot guarantee retention of a position paid from restricted funds when funding is no longer available.
If you are a non-exempt employee and use medical leave during probation, your probationary period will be extended by the number of days absent. In cases of extended absence, your department is not required to retain your position.
If you have three or more years of continuous, regular service, and if you are employed by UVM in another continuous, regular position within two years of the original separation (except in case of termination for cause), medical leave that accumulated but was not used at the time of termination will be returned to you. Special re-employment provisions exist for those employees whose positions are terminated due to University financial difficulty, reorganization or loss of restricted funds.
If you are covered by long-term disability insurance, you should submit an application for benefits to the insurer through Human Resources/Benefits (228 Waterman) immediately after disability begins. For a description of the benefits provided in the event of a total and permanent disability lasting more than six months, see Permanent and Total Disability.
If you have worked at the University for three or more years in full-time service in a regular staff position, you may seek a temporary reduction in your full-time equivalency (FTE) to allow time to care for members of your immediate family. For the purposes of this policy, "members of the immediate family" is defined as a spouse, dependent child, or any dependent relative living in your household.
Partial leave may be sought for child rearing, caring for a seriously ill immediate family member, or other appropriate circumstance.
When considering approval of a partial leave, department heads and managers will be responsible for taking into consideration the needs of the individual requesting the partial leave, the needs and circumstances of other staff members who will be affected by the leave, and the need to accomplish the objectives of the college/school or department.
In approving a partial leave, the college/school or department will indicate that your full-time position will be retained on the same basis as for staff who remain on full-time status during the period of the leave. In some instances, you and your supervisor may agree to employment in a position other than your normal position during and/or after the temporary leave. In such cases, the terms and conditions of the arrangement must be placed in writing in advance of the approval of the leave.
The following conditions apply for all partial leaves approved:
a. UVM's contributions to your retirement plan will be based on your reduced salary.
b. Your life insurance will be continued at the level of coverage identical to the pre-leave insurance face value. You must continue to pay your share of the cost.
c. Your disability insurance may also be continued, but the level of coverage will be based on your reduced salary.
d. UVM's contribution toward disability premiums will be reduced to a level proportional with your reduced coverage.
e. Tuition remission for your dependents will be available on the same basis as before your leave began.
Your own tuition remission benefit will be as described for part-time staff.
When you apply for partial leave, you are required to submit a written request to your supervisor stating the length of your partial leave, the level of your FTE, and the purpose of your leave. If it is approved, the request will be forwarded to the dean, director, or other appropriate administrative officer for final approval.
Requests for extension of leave must be submitted at least one month before the end of your original leave.
If you want to make a partial leave request, application forms are available from Human Resources/Benefits, 228 Waterman.
1. During the period of absence due to temporary disability associated with pregnancy or childbirth, you may choose to use medical leave. If medical leave is used during this period, your absence must be based on a medical determination that you are incapable of performing your duties. If you have accumulated paid medical leave to cover your period of absence, your pay and University contribution to your benefits will continue for the duration of your medical leave. If you do not have accumulated medical leave, your pay will be discontinued during your medical leave but University contributions to your health insurance will continue.
2. If you choose to use paid vacation or personal days to cover all or a portion of your disability related to childbirth, you may do so. While on paid status due to the use of vacation or personal days, your University contribution to your insurance will continue.
3. All or a portion of your absence may be covered by the Family & Medical Leave /Vermont Parental & Family Leave Acts (add link). You may use up to 6 weeks of accrued paid leave and use up to 6 weeks unpaid leave or up to 12 weeks of unpaid leave. University contributions to your insurance will continue.
1. Paid vacation or personal days may be scheduled. When paid vacation and personal days are being used, University contributions to University insurance will be continued.
2. If you do not wish to use paid vacation or personal leave for the purpose of childrearing, you may request the use of leave as provided for in the federal Family and Medical Leave Act and the Vermont Parental and Family Leave Act. In accordance with these acts, you may use up to 12 weeks of leave in any 12-month period to cover your absence immediately preceding and following childbirth or adoption of a child. During this period of leave, you have the option of using up to six weeks of earned paid time or take all as unearned non-paid time. In either case, the University contributions to your insurance would continue.
You may also choose to use personal leave to cover your absence for the purpose of childrearing. If your supervisor approves such a leave, your position would be held for a period of up to one year. During your absence, you would not receive pay from the University and University contributions to your insurance would be discontinued. At your option, however, you could retain your insurance coverage by paying the full insurance premiums.
The federal Family and Medical Leave Act entitles qualified employees to up to 12 weeks of unpaid leave per year for the birth or adoption of a child, to care for a spouse or an immediate family member with a serious health condition, or when the employee is unable to work because of a serious health condition. Although the law provides for time off, it does not provide for paid time off. It does, however, require the University to continue its share of health and dental care premiums during the period of the leave.
Many of UVM's employees will find it beneficial to use currently existing leave options available to them combined with their entitlements under the Family and Medical Leave Act to remain on paid status, to retain full benefits, or to extend their period of leave beyond the twelve weeks of leave as covered by the Act. If you find yourself in a situation where you would like to take a leave as covered by the Act, and at the same time take advantage of other leave options by combining them, the following information will be helpful to you.
To be eligible for a 12-week leave, you must have worked for UVM for at least 12 months and for at least 1,250 hours during the year preceding the start of the leave. Employees requesting Family and Medical Leave Act leave must give 30 days advance notice to their employing college or department when leave is foreseeable for the birth or placement of a child for adoption or foster care or planned medical treatment. When it is not practical to provide such notice, e.g.., premature birth, or sudden illness, such notice must be given "as soon as practicable," ordinarily within one or two business days of when you learn of the need for the leave.
An eligible employee is entitled to take up to 12 weeks of Family and Medical Leave in any "12-month period." The University of Vermont will, for the purpose of defining a 12-month period, use a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave. Under this method of defining a 12-month period, each time an employee takes FMLA leave, the remaining leave would be any balance of the 12 weeks which has not been used during the immediate preceding 12 months.
For example, if an employee has taken 8 weeks of leave during the past 12 months, an additional 4 weeks of leave could be taken. If an employee used 4 weeks beginning February 1, 2000, and 4 weeks beginning June 1, 2000, and four weeks beginning December 1, 2000, the employee would not be entitled to any additional leave until February 1, 2001. However, on February 1, 2001, the employee would be entitled to 4 weeks of leave. On June 1, the employee would be entitled to an additional 4 weeks (etc.).
When in-patient care is not involved, the regulations require that the absence from work or, in the case of incapacity, in performing other daily activities of a family member be for a period of more than 3 days in addition to requiring continuing treatment by a health care provider.
The University may require the employee to obtain a second medical opinion at the University's expense. The second health care provider will be chosen by mutual agreement of the University and the employee.
UVM may ask for certification from a health care provider. If an employee requests leave to care for a spouse, child or parent with a serious health condition, the supervisor may ask that the leave request be supported with a certification from the health care provider with a statement that the employee is "needed to care for" the family member.
A supervisor may request that an eligible employee seeking intermittent leave or leave on a reduced leave schedule due to the serious health condition of the employee or immediate family member support requested leave for this purpose with a certification from the health care provider that such leave is medically necessary and the expected duration and schedule of such leave.
A supervisor can require an employee to obtain subsequent recertification to support continuing Family and Medical Leave "on a reasonable basis." The regulations permit the supervisor to request such re-certification not more often than every 30 days unless, (1) the employee requests an extension of leave; (2) changes occur regarding the illness or injury; or (3) the supervisor receives information that casts doubt upon the continuing validity of the most recent certification.
If an employee fails to provide timely certification within 15 days (when practicable) of being asked to do so by the supervisor, and the need for leave was foreseeable, the supervisor may deny the employee leave until the required certification is provided. If the need for leave is not foreseeable, the employee must still attempt to provide the certification within 15 days of the employee's request, or as soon thereafter as practical under the circumstances.
The University may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition.
The University will continue to pay the portion of the employee's healthcare and other benefits premiums that it paid immediately preceding the leave, i.e., the employee's health and dental benefits will remain unchanged during Family and Medical Leave.
In the event that an employee pays a partial contribution to health and dental premiums, the employee will be given a 30-day grace period beginning on the first day of the leave to pay their share of health and dental benefit premiums. The University may recover premiums paid for maintaining benefits coverage during any period of unpaid Family and Medical Leave if the employee fails to return to work, unless he or she does not return due to (1) the continuation, recurrence, or onset of a serious health condition that would entitle the employee to Family and Medical Leave (either affecting the employee or an immediate family member) or (2) other circumstances beyond the control of the employee.
An employee on unpaid Family and Medical Leave will not accumulate vacation or medical leave during the period of the leave.
An employee who takes Family and Medical Leave as defined by the Act is entitled to be restored to the same position or an equivalent position upon return from leave. Except for unusual circumstances, employees at the University of Vermont will be restored to their own positions.
The Family and Medical Leave limits what may be taken by spouses who work for the same employer to a combined total of 12 work weeks during any 12-month period if leave is taken for the birth or placement of a child for adoption or foster care.
The Family and Medical Leave Act permits taking leave intermittently for the birth of a child, adoption or foster care by working a reduced work week, only with the supervisor's approval. However, an employee must be granted an opportunity to take leave intermittently or by reducing the work week to care for a seriously ill family member or because of the employee's own serious health condition whenever "medically necessary."
If leave is foreseeable, an employee is required to try to schedule the leave so as not to unduly disrupt the University's operations and the supervisor may place the employee in an alternative position which better accommodates intermittent leave. The law places no limitations on the nature of the alternative position to which the employee may be transferred and there is no requirement that the employee agree to the transfer. In any event, a supervisor would be permitted to alter the employee's existing position to better accommodate the intermittent or reduced leave or to transfer the employee to a part-time position. However, the employee must receive equivalent pay and benefits in the new position.
When an employee normally works a part-time schedule or variable hours, the amount of leave to which she or he is entitled is determined on a pro rata or proportional basis by comparing the new schedule with the employee's normal schedule. For example, if an employee who normally works 30 hours per week works only 20 hours a week under a reduced leave schedule, the employee's ten hours of leave would constitute one-third of a week of Family and Medical Leave.
"Spouse" is defined in accordance with applicable state law including common law marriages where recognized by the state. For the purposes of this Staff Handbook, the term spouse will apply to both spouses and partners in civil union. Unmarried domestic partners are not covered by the law.
"Child" includes a son or daughter under age 18 or over 18 years of age who is "incapable of self-care because of a mental or physical disability."
"Immediate family" member includes parents of the employee but not parents-in-law.
"Incapable of self care" means that a person is incapable of performing several of the activities of daily living without assistance.
A "serious health condition" is one which requires either in-patient care or "continuing treatment by a health care provider." This term does not include short-term conditions for which treatment and recovery is very brief, i.e., 1-3 days, since such conditions would be covered by the University's medical leave policy.
The regulations also provide that a serious health condition includes treatment for a serious, chronic health condition which, if left untreated, would likely result in an absence from work of more than three days, and for parental care. For any treatment other than that which requires in-patient care, the employee or family member must be receiving continuing treatment by a health care provider. Treatment of substance abuse may also be included for coverage under the Act, such as where a stay in an in-patient treatment facility is required. Absence because of the employee's use of the substance, without treatment, does not qualify for the law.
For any condition other than one that requires in-patient care, the employee or family member must be receiving continuing care by a health care provider.
A "health care provider" is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery, and other persons determined to be capable of providing health care services. Included are physicians, podiatrists, dentists, clinical psychologists, optometrists, and chiropractors. Also included are nurse practitioners, and nurse midwives who provide diagnosis and treatment of certain conditions provided that they are performed within the scope of their practice as allowed by state law.
Although Family and Medical Leave Act leave is unpaid, the Act permits an employee to substitute accrued paid leave under certain circumstances. Accrued paid vacation or personal leave earned by non-exempt staff members may be substituted for unpaid Family and Medical Leave when the leave is for the purpose of childbirth, adoption, or to care for a seriously ill family member, or for the employee's own illness.
Combining the University's existing vacation, medical leave, personal leave, personal days, or partial leave to enhance your personal circumstance during a Family and Medical Leave is an option available to you. Such an enhancement might include paid time off rather than unpaid time, continuation of other benefits in addition to health care, and time off in addition to the 12 weeks provided by the Act.
Since the Family and Medical Leave Act provides only for time off without pay and for continued contributions to health care benefits by the University, you may wish to combine other forms of leave with your time off under the Act. In the event that more time off is needed than the 12 weeks provided in the Act, you may, in addition to your 12 weeks leave, apply for personal leave which is available for up to six months but does not include pay or benefits.
The forms of leave which may be combined with FMLA are:
When applying for a leave or combination of leave, you should complete a leave request in such a way as to:
UVM encourages participation in programs that develop and advance your job-related skills and knowledge, enhance job performance, or prepare you for advancements in UVM employment. Members of benefit groups A - F may be eligible for a leave of two weeks or more with pay for developing or increasing skills and abilities that will be of specific use in their work at the University. This leave is not granted for the sole purpose of allowing you to further your education. It is granted for the purpose of attending classes and workshops, participating in internships, and other activities. An Educational and Professional Leave is necessary only when the program of study requires your absence for more than two weeks. If the program requires less than two weeks, you need simply secure the approval of your supervisor.
To be eligible for any Educational/Professional Development Leave, you must have completed probation. To be eligible for a leave of more than two months, you must have at least six years of continuous service at half-time or more. Generally, this leave is not granted for more than ten months, but in rare instances, the leave may continue to a maximum of one year. Ordinarily, you may not be granted more than one leave during a six-year period.
You must be able to demonstrate satisfactorily the relevance of the program of study to your employment at the University. Your supervisor is required to provide evidence that there are sufficient resources within the department to cover your absence. If you are granted such leave, you must guarantee that at the end of your leave, you will return to employment at the University for a time equal to the length of your leave.
If you receive outside income as a result of a paid internship, scholarship, or grant, you must report such income to UVM. The amount received will be deducted from the salary you are paid by the University. However, if you anticipate unusual expenses directly related to the objectives of your leave, such as additional living expenses, you may request permission to not have your UVM salary reduced by the amount of your full outside income. The reasons for your request must be provided in detail when applying for your leave.
While you make your request for leave from your supervisor, she or he will actually be responsible for forwarding the formal request for leave through the appropriate budget officer, Vice President/Provost and President. The purpose of your leave and a description of the educational plan must be included in the request. There must be an explanation of how the leave will be handled without need of additional funding.
You should apply for an extended leave six months in advance if possible, or early enough to allow your department time to make the necessary arrangements.
If your supervisor denies your request for such a leave, you may appeal to the next level of supervision. That decision to deny will be final. If that supervisor decides to recommend your leave, the recommendation must be forwarded to the appropriate Vice President/Provost and to the President for approval.
UVM supports staff who must be away from their jobs to serve in the armed forces of the United States and ensures that its personnel practices are in compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).
If you serve in the National Guard or military reserve, you will be granted time off for periods of service. Your supervisor may seek to coordinate with the military services in arranging time off for active duty to meet the needs of both the University and the military. In all cases, UVM will make the accommodations required by the USERRA.
During the period of annual training, UVM continues your salary or hourly payments for up to 10 working days, provided that your probation for your first UVM position has been completed. When the annual training period extends beyond ten working days, UVM pay will be discontinued. If you have not yet completed probation, time off will be granted without UVM salary or hourly payments. The period of time during your absence for military duty will not count toward the completion of probation.
National Guard or Reserve units ordered to active duty by the Governor of Vermont or the President of the United States will not interrupt regular salary of hourly payments from UVM, provided that the total number of days involved in the emergency call-out is not more than ten working days in the year. If temporary military service due to emergency call-out exceeds ten days in any year, you will be placed on non-paid leave status. If your probationary period has not been completed, time off will be granted for the call-out, but without UVM salary or hourly payments.
During periods of temporary military duty, limited to ten days of the annual training period and ten days of emergency service in any year, all fringe benefits for which you are eligible will continue with UVM contributions.
When you leave UVM employment to join the armed forces or to begin a period of Initial Active Duty with the National Guard or Reserves, your pay will cease as of the last day of your UVM employment. Benefits will cease within the policies for termination. Employment rights upon your return from your active duty will be as required by the USERRA and any other pertinent legislation.
If you leave UVM employment to perform service in the armed forces as defined by the USERRA, and provided you meet the eligibility criteria of the USERRA, you are entitled to reinstatement in a UVM position as required by the USERRA. The terms of the USERRA provide that:
When you return to UVM employment, you will be reinstated with credit for your previous University service and your period of military service. In addition, your pay will be set at the rate you would have received if your employment had been continuous.
If you become re-employed by UVM after your period of military service, and you continued your enrollment in UVM’s retirement plan during the leave, you may regain the amount of UVM retirement contributions you would have received during your absence. To be eligible, you must meet the reinstatement requirements described above. In order to receive these, you must contribute the minimum required percentage of your gross straight-time income at the time of separation for the entire period of absence within the time limits required by the USERRA; you will then receive UVM’s contribution for the period of absence based on your gross straight-time pay at the time of separation (see Retirement Savings Plan, p. 67).
Questions about military leave should be directed to the Human Resources Office, 228 Waterman Building, or call (802)656-3150.
All regular staff members with an FTE of 50% or more are eligible to apply for a Personal Leave of Absence without pay for up to one year. No leave of absence may be approved without your department's assurance that there is a reasonable expectation that your position will be available on return.
Ordinarily, a personal leave is not granted for more than one year. If you need more than one year, additional leave must be requested on a separate application submitted at least one month before the end of your original one-year leave.
During your leave, you may continue your UVM insurance plans as long as you pay the full cost of your coverage.
To apply for a Personal Leave of Absence, submit a request to your supervisor stating the length and purpose of your leave. If it is for two weeks or less, your request may be made verbally. If it is more than two weeks, complete a Personal Leave Request form, available from Human Resources/Records, 228 Waterman, 656-3150. Submit the form to your supervisor for approval. Generally, a personal leave may not be taken during probation, but if such a leave is granted, your supervisor has the authority to extend your probation by the number of days absent.
If an immediate family member dies, you may take paid bereavement leave. For the pur-poses of this policy, “Immediate family” includes your spouse or partner in civil union and your immediate family members. Immediate family members are further defined as any:
*or their spouse or partner in civil union
** of either you or your spouse or partner in civil union
Typically, the number of paid bereavement days which may be taken is three. However, upon the loss of a spouse, partner in civil union, (step)son, (step)daughter, parent or step-parent, or brother or sister, two additional days of paid bereavement leave will be granted to make funeral arrangements, settle the estate, or for other personal reasons. Your supervisor should be advised of the total number of days you will need. Up to five days may also be granted for all family members upon consultation and approval of your immediate supervisor.
If bereavement leave is used during your probationary period, probation may be extended by the length of your leave.
If the death in your immediate family occurs while you are on vacation or other paid leave, the one to three days' leave will be charged as bereavement leave, not as other paid time off.
It is understandable that in certain instances the loss of a family member may so emotionally or physically affect a staff member as to make it difficult or impossible to return to work and satisfactorily perform the duties of their job immediately following the Be-reavement Leave. In this case, an employee may use accumulated medical leave to sup-plement their bereavement leave. When more than three days of medical leave are used, documentation of the physical or emotional disability will be required as described in the University's medical leave policy.
You will receive full UVM pay when responding to a summons to serve as a juror or on a jury selection panel during your normal work schedule. Any compensation received during jury duty will not affect your pay. If you are called to jury duty while on probation, however, your probationary period may be extended by the length of your absence. Your benefits will not be affected.
Upon completion of jury duty, submit evidence of your service and its duration to your supervisor.
If you are called for jury duty but are not chosen to serve as a juror, you must report to work immediately after being excused. Failure to do so will be considered an unauthorized absence for which you will not be paid.
If your community holds an annual Town Meeting during your normal work schedule, you may be granted time off without loss of pay to attend. You must, however, obtain permission from your supervisor. This authorized paid absence is granted on an individual basis and it is not considered to be a holiday. Your supervisor may ask you to present documentation of your attendance at the meeting upon your return to work.
Each year, UVM sponsors a campus-wide faculty/staff blood drive conducted by the Red Cross on campus. The Red Cross supplies blood to 45 hospitals in Vermont and New Hampshire.
Although the UVM blood drive is scheduled as a group activity, you may donate blood at any time.
If you donate blood, either as part of the annual blood drive or during other times of the year, you will receive your regular rate of pay for the time off required to make your blood donation. Be sure to notify your immediate supervisor of the date and time to authorize your absence.
The entire process of donating blood usually takes about 1-1/2 hours, the normal authorized absence for which you'll be paid. If you need more than 1-1/2 hours, it must be approved by your supervisor. When you return to work, show evidence of your blood donation to your supervisor.
If you serve as a community fire fighter, rescue squad member or auxiliary police person and are called from or delayed in reporting to work because of an emergency, you will be paid your straight-time hourly rate or salary rate while absent. It is important to notify your immediate supervisor if you are, or intend to become, a member of such an emergency organization so that lateness or absence due to emergency is no surprise. Your supervisor has the discretion to deny your volunteer emergency service if it conflicts with the requirements of your UVM employment.
If you are in a position which requires your presence for campus emergencies, or where continuous attendance is critical to your department's operation, you may be asked to relinquish voluntary community service by the appropriate dean, director, or administrative officer.
To comply with state and federal labor laws and to assist University auditors, UVM requires you to complete an employee attendance record as a certified record of time worked, time paid, and time off. The top of this record form is preprinted with individualized information about your eligibility for vacation, personal days, overtime, and compensatory time off. Each form covers a six-month period, presently October through March and April through September. You, your supervisor, and vice president, dean, director or a designee are required to review and sign the form at the end of each six-month period. Each person keeps a copy of the form and a copy is sent to Human Resources/Payroll Records (228 Waterman).
The University recognizes the importance of volunteerism and values the time its employees spend in service to UVM and surrounding communities. Work performed to support the University's mission and enhance community relations is encouraged.
We recognize several different types of volunteer service:
Supervisors are encouraged to provide reasonable, paid release time for employees to serve in ways outlined in # 1 and #2. Flexibility in scheduling is also encouraged for service in the third category. Volunteerism should be encouraged and supported at all levels.
© 2002 Human Resources
University of Vermont, Burlington, VT