13.01 Sick Leave
13.01.01 Sick Leave Credits
13.01.02 Sick Leave Donations
13.01.03 Lump-Sum Payment On Termination
13.01.04 Reporting Sick Leave
13.01.05 Other Sick Leave Requirements
13.02 Military Leave
13.03 Public Service Leave
13.04 Jury Duty And Witness Leave
13.05 Paid Leave For Disaster Relief Volunteer Service
13.06 Annual Leave
13.07 Leaves Of Absence Without Pay
13.09 Maintenance Of Rights
"Sick leave" means a leave of absence with pay for:
- a sickness suffered by an employee or a member of the employee's immediate family; or
- the time that an employee is unable to perform job duties because of:
- a physical or mental illness, injury, or disability;
- maternity or pregnancy-related disability or treatment, including prenatal care, birth, or medical care for the employee or the employee's child;
- parental leave as provided in Sec. 2-18-606, MCA;
- quarantine resulting from exposure to a contagious disease;
- examination or treatment by a licensed health care provider;
- short-term attendance, in an agency's discretion, to care for a relative or household member not covered by subsection (a) until other care can reasonably be obtained;
- necessary care for a spouse, child, or parent with a serious health condition, as defined in the Family and Medical Leave Act of 1993; or
- death or funeral attendance of an immediate family member or, at the University's discretion, another person. [Sec. 2-18-601, MCA]
Each faculty member shall earn sick leave credits from the first full pay period of employment in a manner consistent with the state employee sick leave statutes.
A faculty member may not accrue sick leave credits during a leave of absence without pay. Faculty members are not entitled to be paid for sick leave until they have been continuously employed for ninety (90) days. Upon completion of the qualifying period, the faculty member is entitled to the sick leave credits earned.
Sick leave donations shall be administered in accordance with University policy on sick leave fund and sick leave grants, viewable at:
Except as otherwise provided in Sec. 2-18-1311 (VEBA), a faculty member who terminates employment with the University is entitled to a lump-sum payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. The pay attributed to the accumulated sick leave shall be computed on the basis of the faculty member's salary at the time of termination. Accrual of sick leave credits for calculating the lump-sum payment provided for in this subsection begins July 1, 1971.
A faculty member who receives a lump-sum payment and who is again employed by the University shall not be credited with any sick leave for which compensation has previously been given.
It is the responsibility of the faculty member to ensure proper reporting of the use of sick leave for record keeping purposes. Any occurrence that necessitates a leave of absence as specified in Section 13.01 shall be reported by the faculty member to the Human Resource Office each month.
Abuse of sick leave is cause for disciplinary action under the provisions of 2-18-618, M.C.A. Abuse of sick leave occurs when a faculty member misrepresents the actual reason for charging an absence to sick leave, when a faculty member uses sick leave for unauthorized purposes, or when a faculty member neglects to report sick leave.
A faculty member who needs to take sick leave shall inform the appropriate immediate supervisor as soon as possible.
Sick leave charges in excess of earned sick leave credits may be charged to leave without pay.
Any holidays that fall during a period that a faculty member is on sick leave will be charged as a holiday and not taken off the total accumulated sick leave.
Faculty cannot be required to take sick leave unless they are on leave under one of the sick leave provisions of this agreement.
The department head, dean or Provost may require medical certification to confirm the appropriate use of sick leave, including the need to care for an ill or injured immediate family member. A licensed physician, or another licensed health care provider competent to treat and diagnose the particular illness or condition, must provide medical certification. All required medical certifications or examinations must be job-related and consistent with business necessity.
Faculty members are eligible to use accumulated sick leave or, if sick leave is exhausted, unpaid leave to tend to the medical needs of an immediate family member in accordance with University policy and the Family Medical Leave Act. Faculty members who accumulate annual leave credits are eligible to use annual leave for the aforementioned family medical purposes. In addition, any faculty member may request leave without pay for family medical purposes.
Eligible faculty members are entitled to the benefits and protections of military leave in accordance with state and federal laws governing military leave for public employees.
A period of absence from employment occurring either during a war involving the United States or in any other national emergency and for ninety (90) days thereafter for one of the following reasons is considered as service for the purpose of determining the number of years of employment used in calculating annual leave credits under this section:
- having been ordered on active duty with the armed forces of the United States;
- voluntary service on active duty in the armed forces or on ships operated by or for the United States government; or
- direct assignment to the United States department of defense for duties related to national defense efforts if a leave of absence has been granted by the Employer.
In accordance with 39-2-104, MCA, faculty members who are elected or appointed to a public office in the city, county, or state shall be eligible for leaves of absence, not to exceed one hundred eighty (180) days per year, while they are performing public service. Employees, upon complying with the requirements below, shall be restored to their positions, with the same seniority, status, compensation, hours, locality, and benefits as existed immediately prior to their leaves of absence for public service:
- An employee granted a leave of absence shall make arrangements to return to work within ten (10) days following the completion of the service for which the leave was granted unless the employee is unable to do so because of illness or disabling injury certified to by a licensed physician.
- Unemployment benefits paid to a person by application of this section may not be charged against an Employer under the unemployment insurance law.
- In accordance with Section 2-18-619, MCA, a faculty member who is under proper summons as a juror shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate University accounting office. Juror fees must be applied against the amount due the employee from the Employer. However, if an employee elects to use annual leave to serve on a jury, the employee may not be required to remit the juror fees to the Employer. An employee is not required to remit to the Employer any expense or mileage allowance paid by the court.
- An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate University accounting office. Witness fees must be applied against the amount due the employee from the Employer. However, if an employee elects to use annual leave to serve as a witness, the employee may not be required to remit the witness fees to the Employer. An employee is not required to remit to the Employer any expense or mileage allowances paid by the court.
- Employers may request the court to excuse their employees from jury duty if they are needed for the proper operation of a unit of state or local government.
The University may grant up to fifteen (15) days in a calendar year of a paid leave of absence for a faculty member to participate in specialized disaster relief services for the American Red Cross if:
- the employee is a certified American Red Cross disaster relief volunteer; and
- the American Red Cross has requested the employee's services.
Leave time granted pursuant to this section:
- must be paid at the regular rate of compensation, including regular group, retirement, or leave accrual benefits, for the regular work hours during which the employee is absent from the employee's regular duties;
- commences upon approval of the employee's employing agency; and
- may not be charged against any other leave to which the employee is entitled.
Faculty members who hold academic rank and are appointed on fiscal year [FY] contracts may accumulate annual leave at the rate of 1 ¾ days per month (21 days per year) of actual employment, but are not entitled to any annual leave with pay until they have been continuously employed for six (6) calendar months. Faculty members with academic rank who are appointed on academic year [AY] contracts shall accrue no annual leave.
Annual leave for eligible faculty members on fiscal year (12-month) employment contracts is to be taken at the mutual convenience of the department and the employee and should be arranged in advance with the department head.
Annual leave may be accumulated as of the last day of any calendar year to a total not to exceed forty two (42) days. Unused annual leave may be compensated upon termination, not to exceed forty two (42) days. If a faculty member's status is changed from a fiscal year [FY] contract to an academic year [AY] contract, the faculty member may elect to receive compensation for unused accrued annual leave at the time of the change of status or carry the accumulation.
Faculty members are eligible for a leave of absence without pay after two (2) years of continuous service. Requests for leave without pay must be approved in accordance with the provisions below. All approvals of leave requests shall take into account the needs of the University or the system, as appropriate. The provisions are as follows:
- Leaves without pay shall not be deemed earned leave time, nor be deemed or become a vested right.
- Leaves without pay shall normally not exceed two (2) years in duration.
- The President or designee has authority to approve leaves of absence without pay for faculty members.
- Employees who are on an approved leave of absence without pay may continue to be covered by the Employer's group insurance for up to two (2) years provided they pay the amount of the Employer's contribution plus any required employee contribution. Payment must be made to the business office prior to the close of the payroll date in order for the coverage to be effective.
Employment matters involving disability will be administered in accordance with the Americans with Disabilities Act and the Family Medical Leave Act.
A faculty member returning from approved leave shall return to the same position and compensated leave time shall be regarded as regular employment time. Upon returning from approved paid leave, the faculty member will receive any cost of living increase in salary or benefits that was awarded to department faculty during the time of leave.