Time Off Work: Uncompensated Time Off
|William Rickle, S.J.
Date to be reviewed:
|Director of Human Resources
In keeping with the Wheeling Jesuit University philosophy respecting the dignity of the human person, the University believes that employee's who exhaust their paid time off may require additional periods of uncompensated time off under certain circumstances.
2.0 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.
"Uncompensated Time Off" - Approved time-off without pay.
2.3 Policy and Legally Mandated Uncompensated Leave
- Family Medical Leave ("FMLA") Leave. Employees who exhaust paid vacation, personal, and sick time off during FMLA leave may 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.
- 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
- 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.
- 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.
- 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.
- 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 VP for Administration and the Director of Human
Resources. The University may also schedule furlough days for non-exempt employees as budgetary
constraints require; these must be approved by the Board of Trustees.
- 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 and the University
VP for Administration, 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.
- 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.
- 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).
The Director of Human Resources has the authority to change, modify or approve exceptions to this policy at any
time with or without notice and with the approval of the President or his designee.