Title: Leaves of Absence
Based on Policy:
5.13 - Leaves of Absence
Office of Primary Responsibility: Vice President for Administrative Services/ Human Resources
To provide employees with information and guidelines related to leaves of absence
- Definition of leave of absence
Leave of absence is defined as permission granted by the SFSC District Board of Trustees (DBOT), or allowed under its adopted policies, for an employee to be absent from his duties for a specific period of time with the right of returning to employment without prejudice on expiration of the leave. Leave shall be officially granted in advance and no action purporting to grant leave retroactively shall be recognized; provided that leave for sickness or other emergencies may be deemed to be granted in advance if prompt report is made to the proper authority. Leave may be with or without pay as provided by law and policies of the DBOT.
- General topics
- Employees are expected to be at their assigned duty stations performing assigned duties during the assigned work shift unless leave has been approved in advance.
- Leaves of absence must be used for the purpose for which they were granted. Any change of plan or circumstance requires that the college be notified. Such change may require a revised leave request to be approved or the immediate return of the employee to work. Employees in violation of this procedure are subject to disciplinary action, up to and including termination of employment.
- Requesting/reporting leave
- Employees are required to request and receive approval for leave in advance from their immediate supervisors using the approved college leave form. Note: Additional approval may be needed based upon the type of leave requested.
- The director, human resources should be consulted in the event of a disagreement resulting from denial of a leave request.
- Leave for sickness and leaves made necessary by emergencies are considered as being granted in advance if the employee makes prompt report concerning the absence to the immediate supervisor.
- In case of illness or emergency:
- Employees should make every effort to contact their immediate supervisor in advance of their scheduled start time.
- If the supervisor is unavailable, the employee should contact the supervisor’s designee so that this information can be relayed to the supervisor at the earliest possible time. Note: All supervisors should identify a designee for this purpose and advise their employees of the departmental procedure for reporting an unexpected absence.
- Should it be impossible for the employee to personally provide notification, every effort must be made to have a family member, friend, or acquaintance provide such notification. Unless the employee can prove that proper notification was impossible, an absence of three consecutive days or work shifts without proper notification is considered job abandonment and may be treated as voluntary resignation and termination of employment (see absence without leave).
- A Leave Request form must be submitted by the employee immediately upon returning to work.
- If needed for payroll purposes, the supervisor may initiate a Leave Request form on behalf of the employee with the understanding that the employee will review and verify the information upon returning to work.
- Leave may be taken in increments of 15 minutes.
- Absence without leave
- Any employee who is absent from duty without leave will forfeit compensation for the time of such absence and is subject to disciplinary action, up to and including termination of employment.
- Employees who fail to return from an approved leave at the appointed time without explanation will be considered absent without leave and subject to disciplinary action, up to and including termination of employment.
- The college recognizes the possibility that an unusual personal circumstance could prevent an employee from notifying the college of an absence as prescribed in this procedure. It is the responsibility of the immediate supervisor to attempt contact with the employee (or the employee’s designated emergency contact) to ascertain the employee’s status. If the supervisor is unable to ascertain the employee’s status by the end of the second day of the unauthorized absence, the director, human resources should be notified immediately so that a course of action may be determined.
- Returning to work following an extended leave of absence
- Employees on extended approved leaves of absence should consult the director, human resources in advance of the expiration of their leave in order to provide for a properly documented return to employment with the college. No one returning from an extended leave shall be permitted to resume employment without first receiving the required approval to do so.
- Employees will return at the same pay and rank as when he/she started the extended leave with any salary adjustments as assigned to all other employees in the same classification and will be assigned duties best meeting the needs of the college. While the duties are likely to be very similar, assignment to the vacated position is not automatic.
- Employee benefits and obligations while on unpaid leave
- Except as provided under the Family Medical Leave Act, full-time employees on unpaid leave for more than one half of the work days in a calendar month will not accrue benefits during the extended leave period.
- Employees on unpaid leave are responsible for the payment of all group insurance premiums (for both the employee and the employee’s dependents) in order to maintain continued coverage.
- Remittance of payment must be made by the last working day of the month in which the unpaid leave occurs.
- If remittance is not made within the prescribed period, all applicable insurance coverage will be cancelled until such time as the employee is eligible for re-instatement in accordance with insurance carrier enrollment policies.
- Sick leave
- Eligibility, accrual, and usage of sick leave
- All full-time employees of the college are eligible for sick leave.
- One full day (eight hours) of sick leave will be accrued for each calendar month (or major fraction thereof) of service. Only active service will be considered when determining sick leave earnings. Employees must work or be on paid leave for at least one-half of all workdays in a calendar month to accrue sick leave for that month.
- Sick leave hours will accumulate from year to year for the employee’s use as stipulated herein.
- When an employee is unable to perform assigned duties because of illness, accident or other physical disability, the employee must notify his/her supervisor immediately of the anticipated absence. If the supervisor is unavailable, the employee should attempt to contact another authorized representative of the college as soon as possible on the day of the absence. Supervisors should designate an alternate contact for employees in their departments (see requesting/reporting leave under general topics).
- The college may request a physician’s statement attesting to the employee’s illness when sick leave exceeds three consecutive days. Supervisors should maintain contact with the director, human resources when chronic absence is apparent.
- When sick leave exceeds 10 consecutive duty days, a doctor’s certificate attesting to the employee’s ability to return to work and perform assigned duties is to be submitted to the immediate supervisor at the time the employee returns to duty. This certificate should be forwarded to the Human Resources Department along with a copy of the leave form. In accordance with HIPAA guidelines, the certificate will be maintained in a separate medical file – not in the employee’s personnel file.
- A new full-time employee who, because of illness, accident or other physical disability, is unable to report for duty at the beginning date of employment is ineligible for sick leave. The effective hire date for this new employee will be modified to reflect the first actual day of employment.
- Sick leave may be approved only for the following reasons:
- Because of the personal illness, accident, disability or extended illness of the employee
- Because of the illness or death of a close relative or member of the employee’s household.
Note: Illness as used herein includes related medical appointments and preventative medical screenings.
- Accumulated sick leave may be transferred from another Florida community college, the Florida Department of Education, the State University System, a Florida District School Board, or a Florida state agency. Transferred hours shall be credited to the employee’s accumulated sick leave balance at the same rate as hours earned at South Florida State College (SFSC).
- Sick leave pool (SLP)
- A SLP has been established for the purpose of providing additional paid sick leave protection to eligible employees.
- Participation in the SLP is voluntary and available only to eligible employees.
- Full-time employees are eligible for participation after one year of full-time employment with the college.
- In order to join the SLP, employees must have a minimum of 96 hours of unused sick leave: 16 hours for the required contribution to the SLP and 80 hours remaining for the employee’s use.
- Participating employees will make equal contributions to the SLP.
- After an initial contribution of 16 hours of sick leave indicating an election to participate in the SLP, no further contributions will be required except as may be necessary to replenish the pool. Any such further contributions will be equally required for all employees participating in the SLP.
- A participating employee who uses sick leave from the SLP will not be required to re-contribute sick leave to the SLP except as otherwise provided herein.
- A participating employee who chooses to no longer participate in the SLP will not be eligible to withdraw any sick leave already contributed.
- Joining the SLP is prohibited at any time other than the initial enrollment and periodic replenishment periods.
- Replenishment of the SLP will be accomplished annually, as needed, during an open enrollment period in the fall. New members will be required to contribute at the same rate as the original (charter members) or current rate, whichever is higher.
- Withdrawing leave from the sick leave pool
- A participating employee will not be eligible to use sick leave from the SLP until all his/her sick leave, or in the case of twelve month employees, sick and annual leave have been depleted.
- Any sick leave time drawn from the SLP must be used only for the employee’s personal, catastrophic illness, accident or injury as defined by the sick leave pool committee.
- Sick leave available to be drawn in advance may not be advanced for the purpose of contributing to the SLP.
- Alleged abuse of the SLP will be investigated and, on a finding of wrongdoing, the employee will repay all of the sick leave credit drawn from the SLP and be subject to such other disciplinary action as may be determined.
- A maximum of 320 hours can be withdrawn by an SLP member in a one-year period commencing with the first day of absence. Return to active employment of at least four consecutive weeks is required to qualify a member for additional withdrawals.
- Withdrawal of leave from the SLP will require, in all cases, a statement from a certified medical doctor testifying to the disability, to the estimated period of disability and a statement that the employee is unable to work. HIPPA guidelines will be followed related to any medical documentation submitted to the college.
- An employee using leave from the SLP for the major portion of a month will not earn sick leave for that month.
- Operation of the SLP will be monitored by a committee which will act in an advisory capacity to the director, human resources.
- The committee will be composed of two administrators, two faculty, one professional staff employee and one career employee, each of whom is a member of the SLP.
- The director, human resources will recommend appointment of the committee chair and its members to the vice president for administrative services for ultimate approval by the president.
- Sick leave advance
- Sick leave may be awarded in advance only upon exhaustion of all of the employee’s accumulated leave, including sick, vacation and any leave provided by the SLP.
- Full-time employees are eligible for advance of sick leave based on the employee’s annual employment period: 12-month (year-round) employees, are eligible for up to 12 days in a fiscal year; 10-month employees, up to 10 days in a contract year; and so forth. Example: A year-round employee requesting an advance of sick leave at the beginning of March would be eligible for up to four days.
- The employee must request an advance of sick leave in writing, specifying the number of days requested. The request is first submitted to the employee’s supervisor who will recommend approval or denial and forward the request through the appropriate chain of command for ultimate approval or denial by the president.
- Approved requests are forwarded to the Human Resources Department for processing and notification of approval to both the employee and the Payroll Department.
- Upon termination of employment, the employee’s final compensation shall be adjusted in an amount necessary to ensure that sick leave with compensation does not exceed the days of earned sick leave.
- Terminal pay of accumulated sick leave
- Full-time employees with at least 10 years of service with the college and/or Florida Retirement System, may be compensated upon termination/retirement for a portion of their accumulated sick leave under one of the following provisions:
- An employee (or beneficiary upon death) with 10 consecutive years of service at the college will be eligible to receive 50 percent of his/her accumulated sick leave, plus 2.5% for each additional year of service up to a maximum of 30 years (100%) should he/she separate from the college in a manner other than having been terminated for cause (see item 3 below for exceptions); or
- After 10 years of service within a Florida state retirement system, (Florida Retirement System, Community College Optional Retirement Program, Public Employees Optional Retirement Program, The Florida Teacher’s Retirement System or the Florida State and County Employees Retirement System,) an employee retiring from that system, will be eligible to receive 50 percent of his/her accumulated sick leave plus 2.5 percent for each additional year of service up to a maximum of 30 years (100%) upon retirement, providing such payout is requested within one year of approved separation from the college (see item 3 below for exceptions).
- For full-time employees on administrative contracts terminal sick leave pay shall be as follows:
- For unused sick leave accumulated on or after July 1, 2001, terminal payment may not exceed an amount equal to one-fourth of the employee’s unused sick leave or 60 days (480 hours) of the employee’s pay, whichever amount is less.
- If the employee has an accumulated sick leave balance of 60 days (480 hours) or more on June 30, 2001, sick leave earned after that date may not be accumulated for terminal pay purposes until the accumulated leave balance as of June 30, 2001, is less than 60 days (480 hours).
- For unused sick leave accumulated before July 1, 2001, terminal pay shall be made pursuant to rules or policies of the DBOT which were in effect on June 30, 2001 (see provisions 1) and 2) above).
- Terminal pay of accumulated sick leave is subject to any approved special pay plan in effect at the time of resignation, retirement, or DROP election. Information related to special pay plans may be obtained from the Human Resources Office.
- Terminal pay benefits for accumulated sick leave shall be based on the employee’s rate of pay at the time of termination, retirement or designated contribution under a special pay plan. Computation shall be based upon the policies and pay plan under which the individual was most recently employed.
- If an employee receives terminal pay benefits based on unused leave credit, all unused sick leave credit shall become invalid; however if an employee resigns without receiving terminal pay benefits for sick leave, sick leave credit shall be reinstated if the employee is rehired.
- Vacation (annual) leave
- Full-time, twelve-month personnel (excluding administrative staff) will earn vacation leave as follows:
| Years of Service
|| Days* Earned Per Month of Service
|| Days Per Year
|11 or more
*Leave is accrued based on an 8-hour day, e.g. 8 hours per month during the first 5 years of employment.
No employee in this classification shall maintain a balance of accumulated vacation leave in excess of 44 days (352 hours) on Dec 31 of each year. Prior full-time service at a Florida public community college may be used when determining the monthly vacation leave rate. The maximum payout at termination of employment shall be 30 days (240 hours).
- Full-time, twelve-month personnel on administrative contracts (excluding senior management personnel) will earn vacation leave at the rate of 1.833 days for each month of service (22 days per year). No employee in this classification shall maintain a balance of accumulated vacation leave in excess of 44 days on Dec 31 of each year. The maximum payout at termination of employment shall be 44 days (352 hours).
- Full-time, twelve-month personnel filling senior management service class (FRS) positions will earn vacation leave at the rate of 2.5 days for each month of service (30 days per year). No employee in this classification shall maintain a balance of accumulated vacation leave in excess of 60 days on Dec 31 of each year. The maximum payout at termination of employment shall be 60 days (480 hours).
- Vacation leave credits accumulated in excess of the maximum end-of-year balance as indicated above will be transferred to sick leave. Such vacation leave transferred to sick leave shall not be used in the calculation of an employee’s sick leave pay at termination – it may only be used for time away from work.
- Only active service shall be considered when determining vacation leave earnings. Employees must work or be on paid leave for at least one-half of all workdays in a calendar month to accrue vacation leave for that month.
- Vacation time shall be scheduled and approved in advance so that there will be minimal disruption to the operation of the college.
- Upon the initiation of participation in the FRS’s Deferred Retirement Option Program (DROP), the employee may elect to be paid for unused vacation leave at the employee’s current rate of pay, to the extent that the payment does not exceed the maximum payout for the employee classification as described above. If this payment is less than the maximum, the balance of the employee’s unused vacation leave at termination of employment will be paid to the extent of the maximum payout for the employee classification. The employee will continue to earn vacation leave while in DROP, however the total payout (payment at DROP initiation plus payment at termination, if any) may not exceed the maximum for the employee classification.
- Upon termination of employment with the DBOT, the employee shall be paid for unused vacation leave at the employee’s current rate of pay, to the extent that the payment does not exceed the maximum payout for the employee classification as described above. Accrued leave credits in excess of the terminal vacation leave payout must be used prior to termination or forfeited. In the case of death of the employee, payment shall be made to the employee’s designated beneficiary, estate, or as provided by law.
- Terminal pay of vacation leave is subject to any approved special pay plan in effect at the time of resignation, retirement or DROP election. Information related to special pay plans may be obtained from the Human Resources Office.
- Administrative leave
Administrative leave is leave granted by the president when deemed in the best interest of the college.
- Administrative leave from teaching duties
- Full-time teaching personnel who are granted release time to perform administrative duties may request leave from their teaching duties for a period not to exceed one contract year. The authorized administrative leave is designed to protect the employee’s previous service, continuing contract and tenure status as an instructor.
- The administrative leave may be extended from year to year upon application and approval.
- Contractual time under administrative leave from teaching duties shall be used to determine placement on the instructional salary schedule in the event the employee returns to an instructional classification.
- Administrative leave pending termination of employment
- The president may, at his discretion, grant or assign administrative leave, with or without pay and/or benefits, to an employee who is terminating employment.
- The terminating employee will be provided with written notification of any terms and conditions related to the grant of administrative leave. In most instances, this notification will be handled by the director, human resources (or designee).
- Other administrative leave
Administrative leave may be granted or assigned at the discretion of the president when it is deemed to be in the best interests of the college. the president may authorize administrative leave with or without pay and/or benefits.
- Consultant leave
- All full-time administrators, faculty and professional staff are eligible for up to a maximum of seven days of paid leave each fiscal year for providing consulting services to other institutions or agencies.
- An employee requesting such leave will complete a Leave Request form indicating Temporary Duty as the type of leave desired and fill in completing the designated area on the form with information about the temporary duty assignment. Consultant Leave should also be indicated on the form.
- Justification in support of the request must be attached to the Leave Request form. This could include a letter from the employing institution setting forth the request for services, the type of services and the dates the consultant services will be performed. This should be on the institution’s letterhead and signed by an official of the employing institution.
- The Leave Request form must be approved by the employee’s immediate supervisor and the area administrator (if the immediate supervisor is not an administrator).
- In special cases, the president may authorize more than seven consulting days during the fiscal year for a designated employee. This will be done in writing by the president and will accompany the Leave Request form and attached justification.
- An honorarium may not be accepted by employees of this institution who consult for other Florida public community colleges. Employees may accept per diem and travel expenses as authorized by Florida statutes. If the employee wishes to accept an honorarium from another entity, he must apply for leave without pay or request annual leave. An employee may receive pay from SFSC for approved consultant leave or the honorarium offered but not both. SFSC will not pay for travel or per diem expenses incurred while an employee is providing consultant service for an outside employer unless specifically approved by the appropriate vice president.
- Personal leave
- Full-time employees may use a maximum of 32 hours of accrued sick leave for personal reasons each fiscal year. Leave for personal reasons is noncumulative.
- A Leave Request form must be submitted to and approved by the supervisor in advance.
- Personal leave is deducted from the sick leave balance of the employee.
- If the employee has enough hours banked in sick leave, then he/she will be paid for this personal leave time. If the employee does not have enough sick leave accrued to cover the personal leave time, the employee must request annual leave (if available) or personal leave without pay.
- Personal leave without pay must be approved by an administrative supervisor (if the immediate supervisor is not an administrator) and will be processed only when all available leave balances have been exhausted. Employees may not take personal leave without pay in lieu of accrued leave (see general topics for details on employee benefits and obligations while on unpaid leave).
- Leave without pay for personal reasons (including mental or physical illness) that extends beyond the employee’s available leave time may be granted to full-time employees.
- Such extended personal leave may be granted to instructional personnel on continuing contract for periods not to exceed one year. All other personnel may be granted personal leave not to exceed their current DBOT appointment. Note: When applicable because of a qualifying illness, the first 12 weeks of an extended personal leave will be counted against any family medical leave benefits.
- Requests for such leave must be submitted with complete justification to support the request for personal leave, including (when applicable) a statement of verification from a physician. Any such statement will be maintained in accordance with HIPPA guidelines.
- While the college will make reasonable effort to accommodate requests for extended personal leave, the college has a higher obligation to assure smooth, efficient operation. Such leave may be denied when it would create an undue hardship.
- Family Medical Leave Act (FMLA)
SFSC complies with all aspects of the FMLA of 1993 and does not interfere with, restrain or deny the exercise of any rights provided under the FMLA.
FMLA is available regardless of the employee’s eligibility for college leave benefits.
Full-time and part-time employees of SFSC who have worked for the college for 12 months and at least 1,250 hours within the year preceding commencement of the leave are entitled to up to 12 weeks (480 hours) of unpaid FMLA leave within any 12-month period. Unpaid leaves are not included when calculating whether 1,250 hours have been worked.
A 12-month period is defined as any rolling 12-month period measured backward from the date that leave is used. FMLA leave may be taken for the following reasons:
- The birth and care of a newborn child of the employee
- Placement with the employee of a son or daughter for adoption or foster care
- To care for an immediate family member (spouse, child, or parent) with a serious health condition
- When the employee is unable to work because of a serious health condition
- A qualifying military emergency involving the employee’s spouse, son, daughter or parent, or when the employee is the next of kin of a covered service member as defined below (see military family leave section below).
Serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment following in-patient care in a hospital, hospice or residential medical care facility; a period of incapacity requiring more than three days’ absence from work and continuing treatment by a health care provider; continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated, would likely result in incapacity of more than three days; continuing treatment by or under the supervision of a health care provider of a chronic or long-term condition or disability that is incurable; or pre-natal care.
Military Family Leave
Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying military emergency” as defined by the Secretary of Labor arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call to active duty status, in support of a contingency operation.
An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
- FMLA procedures
- Employees should notify their immediate supervisor of an anticipated leave and then contact the Human Resources Department for assistance with the required forms and documentation. Requests to the Human Resources Department should be made at least 30 days in advance whenever possible. Unforeseeable leave should be requested as soon as practicable. Leave Request forms must be completed by the employee for all leave requested.
- Employees are required to use any accrued leave benefits while on family medical leave. Both paid and unpaid leave are counted against the 12-week FMLA entitlement. Employees who have exhausted all paid leave will not accrue additional sick or annual leave while on family medical leave.
- Medical certification by the health care provider is required for all family medical leave requests. Health care provider forms can be obtained from the Human Resources Department. Failure to provide medical certification within 15 days of the college’s request may result in denial or discontinuation of leave.
- Leave for personal illness or to care for a sick family member may be taken on an intermittent basis as long as the necessity is reflected on the medical documentation. The college reserves the right to temporarily transfer an employee requesting intermittent leave or partial leave to an alternative position which better accommodates the recurring periods of leave.
- Spouses employed by the college are entitled to a combined total of 12 work-weeks of family leave for the birth and care of a newborn child, for placement of a child for adoption or foster care or to care for a parent who has a serious health condition.
- Group health and life insurance benefits will be maintained during the leave period in accordance with college policies. Employees on unpaid leave must remit payment for dental premiums, dependent health coverage and/or supplemental life insurance.
- Upon return, employees will be restored to their original or equivalent position. Medical certification is required in order to return to employment. Employees who fail to return to work shall be considered as having voluntarily terminated their employment. Any employee who is unable to perform the essential functions of the job will not be reinstated.
- If the employee fails to return to work following FMLA leave for a reason other than continuation, recurrence or onset of a serious health condition which would entitle the employee to FMLA leave, the employee will be required to reimburse the college for any health insurance premiums paid on the employee’s behalf during the FMLA leave period.
- HIPAA guidelines will be followed related to any medical documentation submitted to the college.
- Illness-in-line-of-duty leave
The following procedures are for reporting and documenting a personal injury or illness received in the discharge of duty and receiving illness-in-line-of-duty (workers’ compensation) leave benefits related to the injury or illness.
- Accident/Incident Report
An Accident/Incident Report must be completed for each injury to or illness contracted by an employee in the line of duty regardless of whether the injury or illness results in lost time from college duties.
- For accidents/incidents occurring on the Highlands campus, campus security should be contacted to complete an Accident/Incident Report form for delivery to the Human Resources Office.
- If the accident/incident occurs at another SFSC campus or center, an Accident/Incident Report form may be obtained from the campus/center director or front office staff. Upon completion, campus/center staff should fax the report to the Human Resources Office and forward the original by mail as soon as possible.
- When medical attention is needed
- In the case of serious or life-threatening emergency, current SFSC emergency protocol is to be followed – including calling 911, if warranted. Campus security (or campus/center director) is to notify the Human Resources Department as quickly as possible so that medical authorizations can be initiated.
- If the injury or illness is not a serious or life-threatening emergency, but requires medical attention beyond first aid treatment, the employee should go to the Human Resources Office to schedule a medical appointment and prepare the First Report of Injury form.
- The First Report of Injury form must be completed in order to receive authorization for medical treatment. This form is required for payment of workers’ compensation benefits (including medical expenses and lost wages) in accordance with Florida laws. Failure to report a work-related injury or illness in accordance with the timelines established by the state of Florida may result in denial of workers’ compensation benefits.
- If the employee is unable to come to the Human Resources Department, the supervisor is responsible for providing the pertinent information immediately upon learning of the injury or illness.
- Until an incident is fully resolved, the employee, the employee’s supervisor and human resources staff must actively communicate to ensure that all parties are properly informed.
- When time away from work is needed
The employee must initiate a Leave Request form requesting Illness-In-Line-of-Duty (Workers’ Compensation) Leave, if time is lost from college duties as a result of a workplace injury/illness. If the employee is unable to do so, the supervisor should initiate this action for the employee.
- When Illness-In-Line-of-Duty (Workers’ Compensation) Leave has been properly approved, the employee will receive compensation as follows:
- The college will pay for the first seven work days lost by an employee as the result of a workplace injury (the date of injury or illness being the first such day).
- If the employee loses more than seven work days, workers’ compensation wage benefits will commence in accordance with current Florida laws.
- The employee may elect to use sick leave to supplement workers’ compensation payments. After the sick leave is exhausted, annual leave may be used. In no case, however, shall the employee collect both sick leave/annual leave and workers’ compensation at the same time in excess of the employee’s regular pay.
- Court related leave
Employees who are called for jury duty or subpoenaed for witness service during their normal work schedules shall be governed by the following:
- An employee who is summoned as a member of a jury panel will be granted court related leave with pay, and jury fees will be retained by the employee. The college will not reimburse the employee for meals, lodging and travel expenses incurred while serving as a juror.
- An employee subpoenaed as a witness, not involving litigation in which the employee is a principal, will be granted court related leave with pay and any witness fees will be retained by the employee. The college will not reimburse the employee for meals, lodging and travel expenses incurred while serving as a witness.
- An employee who is involved in litigation as a result of action related to the carrying out of his/her official college duties and responsibilities may be granted court related leave with pay for court attendance upon the approval of the president or the president’s designee.
- An employee subpoenaed in the line of duty to represent the college as a witness or defendant will not be granted court related leave and the employee’s appearance in such cases will be considered a part of his/her job assignment. The employee will be paid per diem and travel expenses and will be required to turn over to the college any fees received from the court.
- In no case will court related leave with pay be granted for court attendance when an employee is engaged in personal litigation in which the employee is principal; however, vacation or personal leave may be granted in such cases.
- A request for court related leave will be initiated by the employee on a Leave of Absence form. A copy of the subpoena or summons will be attached to the leave form. This leave should be submitted as soon as possible to the employee’s supervisor. In order to be compensated for court related leave, written verification by the court of time served must be submitted by the employee.
- Summons to federal jury duty will be cleared promptly with the president (or designee).
- Prompt report will be made to the president (or designee) of any action involving the employee as a result of performing college duties and/or being subpoenaed as a witness in an action involving the college.
- Military leave
- Military leave will be granted to non-temporary employees who are required to serve in the armed forces of the United States or the State of Florida on active duty for training or emergency purposes, subject to applicable state and federal laws.
- Training duty
Employees who are members of reserve components of the United States Armed Forces or the National Guard will be granted leave of absence from their positions under the provisions of the United States Military or Naval Training Regulations when assigned to active duty provided that leaves of absence are a matter of legal right under these provisions and shall not exceed 17 work days in one calendar year. Such leave will be without loss of pay, existing employee benefits, time or efficiency rating on all days during which the employee is engaged in active duty for training.
- The employee should contact his/her supervisor and complete a Leave Request form. Employees will provide copies of orders or letters of certification from the appropriate authority directing assignment to duties with the leave form.
- The employee should contact the Human Resources Office for a full explanation of the college’s policies and procedures governing military leave related to their particular situation.
- Emergency duty
Employees who are called to extended active duty as members of a reserve component of the United States Armed Forces or the National Guard will be granted extended military leave. The first 30 days of such leave will be without loss of pay, existing employee benefits, time, or efficiency rating. After the first 30 days, salary and benefits will be in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the college at the time the employee began active military duty, up to an additional 30 days.
- The employee should contact his/her supervisor and complete a Leave Request form. If he/she has received an order letter, it should be attached to the leave form.
- The employee should contact the Human Resources Office for an explanation of the college’s policies and procedures governing military leave and the employee’s rights and obligations upon returning from leave.
- Military leave will not be counted as years of service toward continuing contract.
- Temporary leave (TOD/temporary duty)
- Leave for temporary assignments of duty outside the college’s service district must be requested in advance using a Leave Request form.
- The Leave Request form should reflect the actual departure and return times related to the assignment; however, the total leave hours on the form should reflect only the work hours missed. Example: When departing at 6:30 a.m. and returning at 6:30 p.m. on a typical 8-hour workday, the total leave hours should be reflected as 8.
- Details related to the temporary duty assignment, including sponsor and title of the meeting, location, dates and times of travel, and reason for attendance, must be provided on (or as an attachment to) the Leave Request form.
- Reimbursement for any travel expenses related to the temporary duty assignment will be in accordance with current college policies and procedures.
- Career staff and other hourly-paid employees will be paid for their normal work hours or the actual hours related to the temporary duty assignment, whichever is greater (see example below).
- Time sheets for career and other hourly employees should reflect the normal work schedule or the actual hours related to the assignment, whichever is greater, for the temporary duty assignment. Example: The normal workday for a part-time hourly employee is 6 hours. The temporary duty assignment is scheduled for 8 hours. The employee will be paid for 8 hours.
- Employees will not be paid for travel time, nor will it count towards overtime (see example in 1.a.).
- Temporary duty assignments may include (but are not limited to):
- Attending a job-related conference, seminar or workshop for professional development
- Representing the college at an out-of-district meeting
- Serving on a governmental committee or board which has been approved as an authorized work activity by the executive administrator under which the employee is assigned
- Time away from work to pursue an advanced degree or additional coursework is not eligible for temporary duty leave.
- Employees whose educational pursuits conflict with their normal work schedules may take annual or personal leave to cover the time away from work or request an alternate work schedule. Requests for alternate work schedules must be approved in advance by the immediate supervisor as well as the supervising administrator.
- When extensive time away from work would be required to pursue an educational objective, eligible employees and their supervisor(s) may consider requesting professional leave as an alternative (see professional leave).
- Professional leave
- An employee may be granted professional leave without pay for a period not to exceed one year for the purpose of participating in activities which will be of professional benefit or advancement, including earning college credits and degrees, or which will be of benefit to the employee’s profession or the institution. Professional leave will not be granted unless adequate provisions have been made to handle the regular duties of the employee.
- A request for professional leave will be initiated by the employee in the form of a memorandum outlining the scope of the activity and the benefit to the employee, the employee’s profession, and/or the institution. The request will include details as to the dates and location of the activity, suggested provisions for covering the employee’s regular duties, and anticipated return to duty. The request should be forwarded to the immediate supervisor for further recommendation through appropriate channels to the president.
- If approved, the employee must initiate a Leave Request form(s) to be filed with the Payroll Department accompanied by a copy of the approved memorandum.
- If not approved, the employee will be notified of the decision as soon as practicable by the president’s designee.
- Extended professional leave will count toward service on the salary schedule.
- Sick leave and vacation leave benefits do not accrue during extended professional leave.
- Extended professional leave does not gain credit for the acquisition of a continuing contract.
History: Last Revised: 2/17/09
Revised: 1/21/02, 6/5/05, 2/17/09