Human Resources

Professional Employee Leave Regulations

The leave regulations applicable to employees in the Professional Service are contained in Article XIII  of the Policies of the Board of Trustees and in Article 23 of the Agreement between the State and the United University Professions, which covers employees in the Professional Services Negotiating Unit.

 

HOLIDAY LEAVE Top

 

A calendar year or college year employee shall be eligible to observe the following days prescribed by law as holidays: New Year's Day, Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Election Day, Thanksgiving Day and Christmas Day. A part-time employee who is employed on a fee-for-service, per-diem, or hourly basis, whose professional obligation is less than a day of work per week, shall not be considered an eligible employee for purposes of holiday leave. Each year, the President may designate two holidays as floating holidays in lieu of two holidays set forth above. The President may designate an alternate date upon which one of the holidays is to be observed. If a second holiday is designated, the employee may select a date on which to observe the second holiday, with the approval of the employee's supervisor and consistent with the operating needs of the campus. The employee must observe such second holiday before the beginning of the next academic year. The President's designation is announced following consultation with UUP in September of the academic year. 

An employee who is eligible to observe holidays shall be granted a compensatory day off when any holiday specified above falls on a Saturday, a Sunday, or a pass day.  Part-time employee observe holidays that fall on their regular work schedule.  An employee who is eligible to observe holidays who is required to work on a holiday shall be granted a compensatory day off. An employee who is eligible to observe Thanksgiving or Christmas, and who is required to work on such holiday, shall be granted one and one-half compensatory days off. Compensatory days off shall be scheduled at times mutually convenient to the employee and the University, and used within one year of accrual or forfeited.

 

VACATION LEAVE Top

 

Accrual of Vacation Credits: Pursuant to Article XIII, Title A of the Policies of the Board of Trustees, full-time Managerial/Confidential (M/C) employees and employees in the Professional Services Negotiating unit (UUP) hired prior to July 1, 1982 with a calendar year or a college year obligation are eligible to accrue credits for vacation leave at the rate of one and three-quarter days per month or major fraction thereof during the term of their professional obligation. On January 2nd of each year, one vacation day shall be added to the accrual balance of all employees eligible to accrue vacation leave. Part-time M/C employees with a calendar year or college year obligation are eligible to accrue vacation leave credits on a pro-rata basis. Commencing December 1, 1982, calendar year and college year employees who serve on a full-time basis in a position in UUP and are appointed on or after July 1, 1982, shall be eligible to accrue credits for vacation leave each month or major fraction thereof during the term of their professional obligation as follows:

 

Year of Service     

Vacation Leave Accrual Rate

1

1.25 days per month (15 days)

2

1.33 days per month (16 days)

3-5

1.50 days per month (18 days)

6

1.67 days per month (20 days)

7

1.75 days per month (21 days)

Part-time calendar and college year employees in the negotiating unit shall be eligible to accrue credit for vacation leave as follows:

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Professional employees who earn:*

receive:

up to $12,983

1/4 day per month

$12,984 to $19,589

1/2 day per month

$19,590 to $26,194

1 day per month

$26,195 and higher

1 1/4 day per month

 *As of 1/1/13; Subject to change  


Maximum Accumulation:
 Accumulation of vacation credits is not limited within any calendar year provided, however, such accumulations shall not exceed 40 days as of the first day of any calendar year. In the event of death, retirement, resignation or other nondisciplinary separation from University service, or change of the period of professional obligation from calendar year or college year to academic year, an employee is compensated for such accumulated and unused vacation leave credits not to exceed a maximum of 30 days. Payment may not be made if the employee moves to a position in another State University unit covered by the Policies of the Board of Trustees or a position in another State agency which is covered by the Attendance Rules for employees in the State Classified Service.

Authorization for Use: Employee requests for use of vacation leave credits must be made in advance. The President has designated department heads to authorize the use of vacation leave credits. Absences (or non-usage) are to be reported in My Leave Entry through MyUAlbany each month. Use of vacation credits cannot exceed the number of days previously accumulated. 

Vacation Leave: Academic Year Employees: Academic year employees are not eligible to accrue credit for vacation leave and may not be granted such leave.

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DISABILITY LEAVE Top

 

Pursuant to Article XIII, Title G, Section 1(a) of the Policies of the Board of Trustees, upon being discontinued from service in accordance with provisions of the State University Group Disability Insurance Program, an employee shall be granted a leave without pay for disability and shall be continued on such leave without pay until the disability ceases, the employee reaches age 65, or death, whichever event occurs first. Disabled employees may elect to use all or any portion of their leave credits prior to being discontinued from service under Title G, subject to provisions of the New York State Employees' Retirement System (ERS) or Teachers' Retirement System (TRS), if applicable, concerning disability retirement. In the event the application for disability retirement is approved by ERS or TRS, the disabled employee shall be removed from the payroll and granted a leave without pay effective with the date disability retirement benefits are payable.

For the purposes of of the State University Group Disability Insurance Program, the President may require an employee to be examined by a physician selected by the University at its expense. Determination that a disability exists may be made by the President upon the advice of the University's examining physician. Notwithstanding the failure of an employee to cooperate with the University's examining physician, a determination that a disability exists may be made by the President upon advice of the University's examining physician that there are reasonable grounds to assume that a disability benefit would be payable in accordance with of the State University Group Disability Insurance Program. If the President determines, in accordance with the provisions of Title G, that a disability exists, the employee must apply for disability benefits under of the State University Group Disability Insurance Program. In the event the employee does not apply for disability benefits, the employee shall be placed on disability leave without pay. If, upon finding that an employee is not disabled, the disability insurance carrier disapproves an employee's application for benefits, the employee shall be restored to regular employment status.

The provisions for discontinuation from service of employees not covered by the State University Group Disability Insurance Program are contained in Article XIII, Title G, Section 1(b) of the Policies of the Board of Trustees and are similar to those cited above. If the President determines that a disability exists which would prevent an employee from performing the employee's duties, the employee shall be placed on leave without pay. Where appropriate, the President, after consulting with the University's examining physician, may refer the employee to the Employee Assistance Program or to other service agencies. The employee, however, shall be permitted to use any and all accumulated sick leave credits and may request additional sick leave as described previously. An employee who has been placed on disability leave without pay under these provisions may subsequently request to be restored to regular employment status subject to the provisions cited in Article XIII, Title G, Section 1(b) of the Policies of the Board of Trustees.

SICK LEAVE Top

 

Sick Leave: Sick leave is absence with pay necessitated by the illness or disability of the employee, including illness or disability caused by pregnancy or childbirth.

Accrual of Sick Leave Credits: Pursuant to Article XIII, Title C of thePolicies of the Board of Trustees, full-time Managerial/Confidential (M/C) employees and employees in the Professional Services Negotiating unit (UUP) hired prior to July 1, 1982 are eligible to accrue credits for sick leave at the rate of one and three-quarter days per month or major fraction thereof during the term of their professional obligation. Part-time M/C employees are eligible to accrue sick leave credits on a pro-rata basis. Commencing December 1, 1982, employees who serve on a full-time basis in a position in UUP unit and are appointed on or after July 1, 1982, shall be eligible to accrue credits for sick leave each month or major fraction thereof during the term of their professional obligation as follows:

Year of Service

Sick Leave Accrual Rate

1

1.25 days per month (15 days)

2

1.33 days per month (16 days)

3-5

1.50 days per month (18 days)

6

1.67 days per month (20 days)

7

1.75 days per month (21 days)

Part-time employees in the negotiating unit shall be eligible to accrue credit for vacation leave as follows:

Academic employees who teach:

receive:

1 course

1/4 day per month

2 courses

1/2 day per month

3 courses

1 day per month

 

Professional employees who earn:*

receive:

up to $12,983

1/4 day per month

$12,984 to $19,589

1/2 day per month

$19,590 to $26,194

1 day per month

$26,195 and higher

1 1/4 day per month

 *As of 1/1/13; Subject to change

 

Under the current academic calendar, academic year obligation employees do not earn sick leave credits during the months of June, July or August. 

Maximum Accumulation: Accumulation of sick leave credits shall not exceed 200 days. In the event of retirement, the monetary value of accumulated and unused sick leave credits will be applied toward the premiums to continue the employee's health insurance benefits following retirement. 

Authorization for Use: Employee requests for use of sick leave credits must be made in advance of using such credits when possible. Academic year employees accrue sick leave credits during the academic year based upon a five-day week and consequently, absences due to sickness must be charged on this basis regardless of class schedule. Relative to the authorization for use of sick leave credits, the following campus procedures have been established to implement the provisions of the Policies of the Board of Trustees:

  1. The President has designated department heads to authorize the use of sick leave credits when a professional staff member's absence due to illness does not exceed two weeks.  Absences (or non-usage) are to be reported in My Leave Entry through MyUAlbany each month.
  2. When a professional staff member's absence due to illness exceeds or is expected to exceed two weeks, authorization for use of sick leave credits by the President is required. Authorization for use of sick leave credits under such circumstances is to be obtained by completing a "Change of Status Request," Form HRM-3, which is available from the Office of Human Resources Management. This form should be forwarded through administrative channels to the President. The President's action on the request will be confirmed in writing by the Office of Human Resources Management. Absences under this category also are required to be reported in My Leave Entry through MyUAlbany.
  3. Before absence for personal illness may be charged against accumulated sick leave credits, the University may require satisfactory proof of illness or may require the employee to be examined by a physician selected by the University at its expense. Typically medical documentation will not be required for absences of few than 5 days.  In the event of failure to submit proof of illness upon request, or in the event that there is insufficient evidence of illness to justify the employee's absence, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits.

Family Sick Leave: The Policies also allow an employee to request use of up to a maximum of thirty days of sick leave from July 2 of each year to July 1 of the succeeding year for absences from work necessitated by death or illness in the employee's immediate family subject to the campus approval procedures outlined above. 

Additional Sick Leave: The President may grant an employee sick leave in addition to that which would be covered by the employee's leave credits. Such additional sick leave will typically not be at full pay. Additional sick leave at full or partial salary, together with use of any sick leave credits cannot be approved by the President beyond six months. Additional sick leave without salary may not exceed one year. Subject to the recommendation of the President, sick leave beyond these limits requires the approval of the Chancellor. Authorization for such additional sick leave should be obtained by completing a "Change of Status Request" (Form HRM-3) which should be forwarded through administrative channels via the appropriate vice president to the President. Prior to being granted additional sick leave, an employee will be required to furnish medical evidence from his/her physician or submit to a medical examination by a physician selected by the University at its expense. The granting of additional sick leave is discretionary.  Historically, additional sick leave has been approved in cases where employees do not have enough leave credits to cover the six month elimination period before long-term disability payments begin.  The following factors will be considered by the President in arriving at a determination:

  1. the vice president's support of the request;
  2. employee's length of service;
  3. amount of leave requested;
  4. employee history with respect to previous sick leave use; and
  5. eligibility for coverage under the State University's Group Disability Insurance Program.

 

 

 

EMPLOYEE ORGANIZATION LEAVE Top

 

The Agreement between the State and the United University Professions, Inc. provides for the granting of employee organization leave (with pay), for designated employees to attend UUP meetings, process grievances and participate in negotiations with the State. Requests for employee organization leave shall be made in accordance with applicable implementing instructions.

OTHER LEAVES Top

 

Other leaves of absence as defined in Article XIII, Title F of the Policies of the Board of Trustees, are leaves granted to academic or professional employees "for the purpose of professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and similar agencies, as a faculty member, expert, consultant or in a similar capacity, or for other appropriate purposes consistent with the needs and interests of the University. Leave of absence without salary may also be granted under appropriate circumstances for the purpose of child care.

Approvals: Leaves of absence at full or reduced salary are subject to the approval of the President and the Chancellor. Leaves of absence without pay require the approval of the President.

Applications: Requests for other leave should be submitted on the "Change of Status Request," Form HRM-3. Applications should be submitted through administrative channels and should include a statement of the purpose for which the leave is requested and its value to the applicant and the University. This statement will serve as justification for a leave of absence with pay in the event the President recommends approval of the leave to the Chancellor. Guidelines regarding leave of absence without pay for the purpose of child care are outlined below under the procedures regarding maternity leave.

Leave Credits: Employees on other leave are not eligible to earn or use leave credits during the period of leave.

 

 

 

 

SABBATICAL LEAVE Top

 

Policy: Article XIII, Title E of the Policies of the Board of Trustees stipulates that the objective of a sabbatical leave "is to increase an employee's value to the University and thereby improve and enrich its programs. Such leave shall not be regarded as a reward for service nor as a vacation or rest period occurring automatically at stated intervals." Consistent with this policy, the Office of the Provost and Vice President for Academic Affairs has issued the following institutional procedures for sabbatical leaves:

  1. Eligible employees may apply to the Campus President for sabbatical leave through their applicable Department Chair, Dean, and the Provost and Vice President for Academic Affairs.
  2. To assist planning for both faculty members and the institution, applicants are strongly encouraged to submit proposals for sabbatical leaves to their immediate supervisor (typically the Department Chair or in some cases the Dean) as far in advance as possible, and in any event not later than October 15th for proposed leaves in the following academic year. As a result of the review and approval process, proposals initiated after October 15th will be less likely to be approved unless they relate to an unanticipated contingency – e.g., an unexpected prestigious fellowship, an unusual research result that requires more immediate follow-up.
  3. A complete application for sabbatical leave consists of the following: (a) a sabbatical leave request form (HRM-3); (b) a one or two-page statement of the activities to be conducted during the leave period, including a description of the outcomes of the proposed activities as well as their importance to the University’s educational program and the applicant’s professional development; (c) a statement identifying any proposed income other than salary from the campus while on leave; (d) a statement acknowledging an obligation to return to the University at Albany for a minimum of one year at the conclusion of the leave; (e) a copy of the applicant’s current curriculum vitae; and (f) where applicable, a copy of the report following the applicant’s last sabbatical leave and/or other statements describing the value of the last leave. Supporting materials – e.g., copies of invitations from host institutions for a period of residency, other letters of support – may also be attached as appendices. Incomplete applications will be returned to the applicant.
  4. Applications will be reviewed by the applicant’s immediate supervisor, who will provide a written statement recommending or not recommending the proposed leave. The immediate supervisor (normally a Department Chair or Dean) may ask for additional information and/or consult with others in evaluating the request. The immediate supervisor’s recommendation must address the impact of the leave on the applicant’s department or program – i.e., describe how the leave will benefit the institution. It will normally be expected that one-semester leaves will be recommended on a load absorbed basis.
  5. Applications will subsequently be submitted for review and endorsement to the applicant’s Dean. All applications will subsequently be sent to the Provost and Vice President for Academic Affairs, who will forward the application with his/her recommendation to the President. If the Dean and/or the Provost decline to endorse the proposal, the application form and supporting materials will also be forwarded to the President with a statement indicating the reasons for not recommending the leave; in such cases, a copy of the Dean and/or Provost’s statement will be transmitted to the applicant.
  6. The President will send the applicant a written notification of approval or disapproval of the sabbatical leave request. Normally notification will be provided by December 1st.
  7. Changes in approved sabbatical leave plans must be promptly communicated to the Provost through the applicable Department Chair and Dean.
  8. As required by Trustees Policies, the faculty member must submit an activity report as soon as possible following the leave, and no later than the end of the first full semester after return from the leave.

Eligibility: The following types of employees are eligible for sabbatical leave: academic employees having continuing appointment and managerial/confidential employees with the title of vice president or dean who have completed at least six consecutive years of service within the University or who, if they previously had a sabbatical leave, have completed at least six consecutive years within the University from the date of return from their last sabbatical leave. In computing consecutive years of service for the purpose of determining eligibility, periods of leaves of absence, other than vacation leave and sick leave with salary, and periods of part-time service shall not be included but shall not be deemed an interruption of otherwise consecutive service.

Terms and Conditions: There are two types of sabbatical leave as provided in Article XIII, Title E of the Policies of the Board of Trustees:

  1. Sabbatical leave for one year at up to half pay.
  2. Sabbatical leave for one-half year at up to full pay.

Employees on sabbatical leave may, with the prior approval of the President, accept fellowships, grants-in-aid, or earned income to assist in accomplishing the purposes of their leaves. In such cases, the President may adjust sabbatical leave salaries to reflect such income. In no case shall the sabbatical leave salary be reduced if total earnings are less than full salary.

Applications:  As noted in the institutional procedures (see above), requests for sabbatical leave are to be submitted on the "Change of Status Request," Form HRM-3.  As also indicated in the institutional procedures, applicants are strongly encouraged to submit proposals for sabbatical leaves to their immediate supervisor (typically the Department Chair or in some cases the Dean) as far in advance as possible, and in any event not later than October 15th for proposed leaves in the following academic year.  When signing the application, applicants must agree to the following requirements:

  1. Applicants are required to file a statement outlining the program to be followed identifying any proposed income other than salary from the campus while on leave.
  2. Applicants are required to acknowledge an obligation to return to the campus for a minimum of one year at the conclusion of their leave. Where justified, the President may request a waiver of this condition, which must be reviewed and approved by the Chancellor.
  3. If the faculty member fails to return for the minimum period, then he/she is obligated to reimburse all salary paid during the leave.
  4. All changes to an approved sabbatical plan must be approved, in writing, by the appropriate campus officer as soon as such need is known. At the University at Albany this will be the Provost and Vice President for Academic Affairs.
  5. The faculty member is required to submit an activity report as soon as possible following the leave, and no later than the end of the first full semester after return from the leave.
  6. In the event of illness or other unplanned circumstances that interrupt an approved sabbatical, the faculty member will be placed on another leave as appropriate, when in the discretion of the President such action is in the best interest of the University and the employee.

Approvals: Requests for sabbatical leave are subject to approval by the applicant's department head, dean and vice president. Final approval is confirmed in writing by the President. Since the State legislature has placed restrictions on the granting of sabbatical leaves in the past, all letters confirming approval of sabbatical leave include a provision that approval is subject to possible statutory restrictions by the State legislature.

Leave Credits: Employees on sabbatical leave are not eligible to earn or use leave credits during sabbatical leave.

 

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ATTENDANCE RECORDS Top

Article XIII, Title I of the Policies of the Board of Trustees states that:

Employees shall be required to certify their presence and record any absences on forms to be provided by the State. Employees shall also be required to record on such forms any charges to or accruals of vacation or sick leave credits. Such forms shall be submitted to the chief administrative officer, or designee, for review on a monthly basis.

All teaching and professional staff enter any sick and vacation leave use, or no leave use, for the month utilizing the web-based system on the MyUAlbany portal.  The portal is located at www.albany.edu/myualbany.  To access your leave information, click on Employee Log On, enter your Net ID and password, and click on the Human Resources tab at the top of the window.  Leave information, including instructions, is located on the left hand side of the page.  In addition, the Office of Human Resources Management publishes a Leave Record Calendar, covering the period September 1 through the following August 31 each year, on which the employee may maintain a personal record of their attendance and use of leave credits.

Submittal of monthly attendance reports provides the basis for certification of an employee's name on the University payroll. Failure to submit monthly attendance reports can ultimately result in the withholding of salary payments. New employees should be advised of the attendance reporting procedure as part of their initial orientation.

EXCEPTION:  Hourly employees use time sheets to report accrual usage.

LIMITATIONS Top

Article XIII, Title K of the Policies of the Board of Trustees provides that granting of a leave of absence does not automatically extend the term of appointment of employees and all leaves of absence shall, in any event, terminate upon the expiration of the employee's appointment.