LEAVES OF ABSENCE WITH PAY

FAM 615

Bereavement Leave:

Upon request to the President, a bargaining unit employee shall be granted up to two (2) days leave of absence with pay for each death in the immediate family. Upon request to the President, the bargaining unit employee shall be granted three (3) consecutive days leave of absence with pay if the death in the immediate family requires that a bargaining unit employee travel over five hundred 9500) miles from his/her home. Bereavement Leave may only be taken on those days the employee was previously scheduled to work and must be taken at the time of the death or funeral.

A bereavement leave may be supplemented with available sick leave.

The term "immediate family" shall refer to the employee's spouse or domestic partner, parent, grandparent, uncle, aunt, stepchild or stepparent of the employee, spouse of domestic partner, and close relative or persons residing in the immediate household of the employee (except domestic employees or roomers). Also include in this definition shall be any minor children or incapacitated individuals for whom the employee has primary responsibility or legal guardianship or conservatorship.

Jury Duty Leave:

A faculty unit employee, upon receipt of initial notification for jury duty, shall promptly notify the appropriate administrator. The faculty unit employee shall notify the College Dean/Library Director in writing prior to taking leave for jury duty. Verification of actual service for jury duty shall be provided by the faculty unit employee when requested.

A faculty unit employee who serves on jury duty shall receive his/her regular salary only if he/she remits the amount received for such duty to the CSU. Payment for travel expenses and subsistence received by the employee need not be remitted. If the employee elects to retain the jury duty fees, his/her time off for jury duty is not compensable. The employee may elect to use vacation or CTO to cover the time off.

Leave to Vote:

A faculty unit employee who would otherwise be unable to vote outside of regular working hours may be granted up to two (2) hours of worktime without loss of pay to vote at a general, direct primary, or presidential primary election. A faculty unit employee shall be required to request such leave time from the College Dean/Library Director at least two (2) working days prior to the election.

Absence as a Witness:

A faculty unit employee serving as a court-subpoenaed witness or as an expert witness in the interest of the CSU shall seek the payment of witness fees. Whenever possible, a faculty unit employee shall confer with the attorney requesting his/her appearance to determine whether certified copies of appropriate documents would be suitable and would eliminate the need for a court appearance.

A faculty unit employee who is absent as a court-subpoenaed witness or as an expert witness in the interest of the CSU shall be paid the normal salary for the corresponding period of absence. No portion of the employee's salary shall be forfeited as the result of such an appearance; however, all court fees (except personal travel and/or subsistence payments) shall be remitted to the CSU. If an exceptional circumstance occurs whereby the faculty unit employee does not remit such fees, an amount equal to the fees shall be deducted from the faculty unit employee's salary. No vacation or compensatory time off (CTO) shall be used in such cases.

A faculty unit employee who receives court fees in excess of regular earnings may keep the excess and need remit only an amount equal to the compensation paid the faculty unit employee while on leave. If the faculty unit employee chooses to retain the entire fee, then the time taken off shall be charged as vacation or CTO, and if no vacation time or CTO is available, the faculty unit employee shall be docked for the period of absence.

A faculty unit employee serving as a court-subpoenaed witness on a holiday or while on vacation or on CTO shall serve on his/her own time.

A faculty unit employee who is serving as a witness under subpoena at governmental administrative hearings to which the CSU is a party shall be provided with release time for appearance at the hearing.

A faculty unit employee who is a party to a suit or who is an expert witness not serving in the interest of the CSU shall appear on his/her own time. The faculty unit employee shall be charged vacation or CTO, and if no vacation time or CTO is available, the faculty unit employee shall be docked for the period of absence.

Emergency Leave:

An emergency leave with pay may be granted to a faculty unit employee by the President or designee in the event of a natural catastrophe or an emergency situation that places the health or safety of the faculty unit employee in jeopardy. Such leaves shall normally be of short duration.

Military Leave:

Emergency military leave, temporary military leave, and indefinite military leave shall be granted to eligible faculty unit employees.

Emergency Military Leave:

Faculty unit employees who are members of the National Guard are entitled to a leave of absence while engaged in the performance of ordered military or naval duty, including travel time, during any time that the Governor has issued a proclamation of a state of emergency or during such time as the National Guard may be on appropriate active duty. Such leave of absence may not exceed the duration of the emergency.

Temporary Military Leave:

Faculty unit employees who are members of the Reserve Corps of the Armed Forces of the United States or of the National Guard are entitled to a temporary military leave of absence for ordered active duty, provided that the period of duty does not exceed one hundred and eighty (180) calendar days, including travel time. A temporary military leave of absence shall not be approved for periods of inactive military duty, i.e., attendance at drills of an organized reserve unit.

Indefinite Military Leave:

Indefinite military leave may be granted under any of the following circumstances:

  1. when there is a condition of war or national emergency as proclaimed by the President or Congress of the United States.
  2. when U.S. armed forces are serving outside the United States or its territories at the request of the United Nations; or
  3. when there is a national conscription act in effect.

Faculty unit employees who leave positions to join the U.S. armed forces or who, as members on active duty of any reserve force, are called upon and who then serve under the above conditions, have a right to return to their positions. The employee must have been honorably released, separated, or discharged, and must return with six (6) months following termination or active service. Faculty unit employees who fail to return to their positions within twelve (12) months after the first date upon which they could terminate, or could cause to have terminated, their active service, forfeit their right to return.

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