WIU/UPI Agreement 2007-2011

Article 31: Leave Without Salary
Unit B

31.1.

  1. Associate Faculty who have completed one year of full-time service in the bargaining unit and whose names appear on the seniority list may apply for a leave without salary for a period not to exceed one year. This requirement may be waived by the Academic Vice President upon written request of the applicant. Reemployment opportunities will be provided in accordance with Article 30, Employee Appointments.
  2. An Academic Support Professional is eligible for leave without salary 12 months after the date of her or his initial employment. This requirement may be waived by the appropriate vice president upon written request of the applicant.

31.2.

  1. An application for leave without salary shall be submitted to the employee’s immediate supervisor or department chair, director, or dean, and the appropriate vice president at least six months prior to the starting date of the requested leave. The application shall state the purpose and provide a written explanation of the need for the leave and the time period for which the leave is requested. The purposes for which a leave may be requested are (1) personal, (2) research, (3) advanced study, (4) professional development, or (5) public service. The six-month notification requirement may be waived by the University President upon written request of the applicant.
  2. The initial grant of a leave without salary may be for a period of up to 12 months. A leave without salary is granted at the discretion of the appropriate vice president, following submission of the request to the immediate supervisor or department chair and dean or director, who will then forward the request to the appropriate vice president with a recommendation for approval/denial. Upon the written request of the applicant, the appropriate vice president will provide a written explanation within 10 working days to an employee whose application for leave without salary has not been approved.
  3. An extension of a leave without salary for up to an additional year is granted at the discretion of the appropriate vice president, following submission of the written request (including explanation of the need for the extension) to the immediate supervisor or department chair and dean or director, who will forward the request to the appropriate vice president with a recommendation for approval/denial.
  4. The request for an extension of a leave without salary shall be submitted at least six months prior to the starting date of the requested extension. The date upon which an application for an extension is due will be specified in the letter granting the leave.
  5. Any of the above limitations or deadlines may be waived by the appropriate vice president upon the request of an employee submitted to the immediate supervisor or department chair and dean or director, who will forward it with a recommendation.
  6. A denial of a request for leave may be appealed to the University President.

31.3. Upon return to the University from a leave without salary, an employee’s salary shall be adjusted to reflect negotiated increases which the employee would have received if not on leave.

31.4. While on leave without salary, an employee shall retain accrued sick leave and annual leave earned prior to the commencement of the leave without salary but shall not earn additional sick leave or annual leave.

31.5. An employee on leave without salary may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or SURS so permit.

31.6. Time spent by an Academic Support Professional on a leave without salary shall not be credited for the purpose of determining eligibility for administrative leave.

31.7. Compulsory Leave

  1. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the University President shall inform the employee in writing of the basis for her or his belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the University President as to whether the employee
    1. has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or
    2. has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor’s opinion shall be given to the employee. At the employee’s discretion and expense, a second medical opinion may be obtained for consideration by the University President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the University President. The expense of the third doctor’s opinion shall be shared equally by the employee and the University.
  2. If, after reviewing the medical opinions and other materials relevant to the employee’s illness or injury, the University President concludes that the employee
    1. presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or
    2. is unable to perform, with a reasonable accommodation, the duties required by the position of employment, the University President shall place the employee on compulsory leave. The University President shall notify the employee in writing of the duration of the compulsory leave period; however, the University President, with the agreement of the employee, may extend the leave period if necessary and, if so, shall notify the employee in writing. Any earned leave credits (accumulated sick or vacation days) may be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credits shall be without pay. No actions taken shall restrict or deny any rights guaranteed by the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), state or federal disability benefits, or existing Board policy or regulations.
  3. After expiration of one-half of the compulsory leave period, or when the employee believes she or he is able to return to work, the employee may, upon prior notice to the University, and at the employee’s expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee’s illness or injury the University President concludes the employee is able to return to work, the employee may return to work immediately. If the University President denies the request to return to work, she or he shall notify the employee in writing with reasons.
  4. If, at the end of a compulsory leave, after reviewing the opinion of the doctor chosen and paid for by the University or by the doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee’s illness or injury, the University President concludes an employee is unable to return to work, the University President may extend the period of compulsory leave, or if the University cannot reasonably accommodate the illness or injury,
    1. request the employee’s resignation or
    2. recommend termination in accordance with the procedures provided in Article 39. Termination under these circumstances shall not be considered to be a disciplinary action.