2.1 Policy Statement
Uncompensated time off, unless governed by a federal, state or local statute or another University policy, will be purely at the discretion of the University and only in accordance with the provisions of this policy.
2.2.1 "Uncompensated Time Off" - Approved time-off without pay.
2.3 Policy and Legally Mandated Uncompensated Leave
2.3.1 Family Medical Leave ("FMLA") Leave. Employees who exhaust paid sick, vacation, and personal leave during FMLA leave will continue the balance of the leave uncompensated until the twelve (12) week entitlement is fulfilled. Employees who are covered by short-term disability may be eligible for compensation after vacation, personal, and sick days are exhausted provided they meet the requirements of the Plan.
2.3.2 Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). Employees in the military are granted uncompensated leave in compliance with USERRA.
2.4 Non-Policy Provided Uncompensated Leaves
2.4.1 ADA Compliance. Under the Americans with Disabilities Act, employees who exhaust paid time off may be provided additional unpaid medical time off as a reasonable accommodation provided such time off does not pose an undue hardship on the University. An employee with a disability may require leave for a number of reasons related to the disability, including, but not limited to:
- Obtaining treatment that is medically necessary;
- Rehabilitation services or physical or occupational therapy;
- Recuperating from an illness or an episodic manifestation of the disability;
- Obtaining repairs on a wheelchair, accessible van, or prosthetic device;
- Avoiding temporary adverse conditions in the work environment;
- Training a service animal; or
Receiving training in the use of Braille or to learn sign language.
Requests will be evaluated on a case by case basis. Documentation may be required to verify the existence of the disability and to help determine whether the accommodation requested is reasonable and necessary. The Human Resource Office will provide the necessary forms should such documentation be required. The employee's immediate supervisor in conjunction with Human Resources will determine and approve accommodations under this policy.
2.4.2 Extended Bereavement. Individuals who have previously exhausted bereavement, vacation, and personal leave paid time-off may require additional unpaid time off to deal with the passing of a family member. Such requests will be evaluated on a case by case basis and must be approved by the President or his designee.
2.4.3 Special Circumstances. Individuals who have previously exhausted all paid time off may require additional unpaid time-off for special, unique, circumstance that are in compliance with the philosophy of the University. Such requests must be placed in writing in advance and submitted to through Human Resources to the President of the University where they will be evaluated on a case by case basis.
2.4.4 Furlough Days. The University may, from time to time, provide non-exempt employees with the opportunity to take furlough days. These days must be scheduled in advance, they must be unpaid, and they must be requested in writing by the employee and approved by the Chief Financial Officer and the Director of Human Resources. The
University may also schedule unpaid furlough days for non-exempt employees as budgetary constraints require;
these must be approved by the Board of Trustees. While furlough days for exempt employees are not permitted
under the FLSA, budgetary constraints may require long-term reductions in the monthly salaries of University exempt
employees with proper advance notice. Such reductions may be equivalent to a period of days per month; in
exchange, the University may authorize those exempt employees to take additional paid time off as "furlough days"
(see Paid Time Off).
2.5.1 Requests for uncompensated time-off must be initiated in writing and in advance of the need through the employee's immediate supervisor. The supervisor, in conjunction with Human Resources, will determine the feasibility of such requests. Requests will be either approved or disapproved in writing within a reasonable period of time after submission of the request. Uncompensated time-off will only be considered in compliance with the circumstances
listed in this policy.
2.5.2 Whenever an employee requests an uncompensated leave, it will be the employee's responsibility to maintain his / her benefits either per the legally mandated requirements of the leave (ex: FMLA / USERRA) or in their entirety
(uncompensated leave unless stated otherwise in the policy regarding that leave). Employees who elect not to
continue their benefits will be provided COBRA notice.
2.5.3 Employees on uncompensated time off do not accrue paid time off nor are they eligible for holiday pay during the time of the leave unless stated otherwise in the policy regarding the leave or if special exceptions are made to
encourage unpaid time off (furloughs).