Attendance and Leave

GENERAL LEAVE GUIDELINES

The information contained in this section summarizes the leave privileges of most employees. Additional information on any of these topics is contained in Management Directive Manual M530.7 Amended, "Leave and Holiday Programs." Employees should also should reference other specialized Management Directives for further detail on a particular type of leave. Employees covered by the AFSCME labor agreement should refer to the union contract for additional information on leave provisions.

1. All leave requires the approval of the supervisor. 2. The “leave calendar year” begins with the first full pay period in January and ends with the pay period that includes December 31st. 3. Leave accrues on a biweekly basis throughout the year. Leave is not “front-ended” at the beginning of each calendar year. However, iIn some cases, unearned leave may be “anticipated” (which means ud. Anticipating leave means using leave before it is actually earned). 4. 5. All leave requires the approval of the supervisor. 6. Requests for leave should be submitted to the supervisor as far in advance as possible to allow for departmental planning. 7. When an unexpected absence occurs, the employee must call the supervisor or another designated management employee at the beginning of the work day to report his/her absence. The standard practice is to call within a half hour of the start of the employee’s start time. Local practices may be established by individual offices and must be communicated to employees in writing. 8. For leave that was not pre-approved, a Request for Leave form must be completed immediately upon return to work, with any required documentation attached. 9. A complete list of paid and unpaid absence codes are on the back of the Request for Leave form. 10. All three copies of the Request for Leave form should be forwarded to the supervisor for signature. The supervisor will return the employee’s copy , forward the original copy to the Human Resources Office for processing, and retain a copy for his/her records. 11. A complete list of paid and unpaid absence codes are on the back of the Request for Leave form.

LEAVE EARNINGS (skipping here - already on web site)

1. Management 2. AFSCME

EMERGENCY UNANTICIPATED USE OF ANNUAL OR PERSONAL LEAVE

1. Annual and personal leave must be requested and approved by the supervisor in advance of the employee's absence from work. However, it is not always possible to know in advance when a serious family problem or home emergency will make it impossible for the employee to report to work or stay at work. . 2. Following are provisions for the emergency use of annual or personal leave. a) The employee must make the leave request to the supervisor, or if not available, to another designated management employee as soon as possible after the need for the

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM absence is apparent. b) The supervisor reserves the right to require substantiation for the emergency nature of the request. If it is not provided at the supervisor’s request, the leave could be denied.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM ANNUAL LEAVE

1. Earning annual leave: a) Employees begin earning annual (vacation) leave upon hire. See the next section for criteria for using annual leave. b) The rate of earnings depends upon years of service within PASSHE and/or other Commonwealth of PA agencies with which PASSHE has a reciprocal leave agreement.

2. Using annual leave: a) Employees may begin using use earned annual leave after 30 calendar days of service. b) Temporary employees may earn and use are not entitled to use annual leave after working until they have worked 750 regular hours in the leave calendar year. a. Employees who terminate/retire from State System service and do not transfer to another Commonwealth agency are paid for unused annual leave upon departure.

3. Anticipating annual leave: Employees may, subject to certain restrictions, anticipate annual leave in accordance with the following restrictions:. a) Employees can anticipate annual leave up to up to tthe amount that would be earned during the current calendar year. b) No employee may anticipate more leave than will be earned during the current calendar year. c) AFSCME employees must have more than one year of service before they may anticipate annual leave. d) As with other annual leave, the request for anticipated leave is subject to the supervisor’s approval.

4. Annual Leave leave carry-over/payout: a) Unused annual leave may be carried over from one calendar year to another. b) The total carry-over may not exceed 45 days. c) Leave in excess of 45 days must be used within the first 7 pay periods (grace period) of the new year. i) Leave not used after the grace period will be converted to sick leave. ii) At the beginning of each leave year, the Human Resources Office will publish on the attendance and leave page of the PASSHE web site the exact date that the grace period ends.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM d) Employees who terminate/retire from PASSHEState System service and do not transfer to another Commonwealth agency with which PASSHE has a reciprocal leave agreement will be are paid for unused annual leave upon departure. e) Employees who wish to defer an annual leave payout to an active Deferred Compensation account must initiate this action prior to the first day of the month in which you retireduring the month before departure. Contact the Human Resources Office for assistance on this topic.

PERSONAL LEAVE

1. Using personal leave: a) There is no 30 day waiting period for using personal leave.

2. Anticipating personal leave: a) Employees can anticipate personal leave up to the amount that would be earned during the current calendar year.

3. Personal leave carry-over/payout: a) Carry over of personal leave from one calendar year to the next must be used by the end of the seventh pay period (grace period) of the new year. Leave not used after the grace period will be forfeited b) Employees who terminate/retire from State System service and do not transfer to another Commonwealth agency are paid for unused personal leave upon departure.

SICK LEAVE AND BEREAVEMENT

1. Leave useUsing sick leave: a) The sick leave benefit program provides income protection when needed by employees that become too ill to work. This benefit is extremely valuable and should be used sparingly to ensure its availability in times of real need. b) Employees may use sick leave after 30 calendar days of service. c) Sick leave requires the approval of the supervisor. d) When the absence from work due to illness/injury is for three or more consecutive days, a doctor's certificate must be provided upon return to work and attached to the request for leave. e) If sick leave use is excessive or if there is reason to believe that sick leave privileges are being abused, a supervisor may require a doctor's certificate for absences of fewer than three days and may place the employee on sick leave restriction. f) Sick leave may not be used as annual or personal leave. g) Sick leave may be used only when absent from work for one of the reasons listed below: i) The employee’s illness/injury ii) (1) Personal illness/injury.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM (2) Contact with or exposure to a contagious disease, which would cause your presence to be hazardous to other employees. (3) Necessary medical or dental appointments that cannot be scheduled during non- working hours. iii) Family Illness (1) Illness or injury of an immediate family member which requires the employee’s absence from work or for medical appointments of immediate family members when that family member is physically unable to drive a vehicle or is otherwise unable to get to the medical facility without the employee’s absence from work. (2) Sick family leave cannot be used for the time an employee's family member is in surgery or during a hospital stay unless a doctor certifies that the employee's presence is requested. (3) Immediate family members include employee’s spouse, child, step-child, parent, brother or sister. (4) Family sick leave is limited to five days in each calendar year. (5) The supervisor may require proof of family illness. (6) Sick family leave is charged against the employee’s sick leave earnings/balance. (7) The relationship must be included on the Request for Leave form when using sick family leave. iv) Bereavement (1) The death of a spouse, parent, stepparent, child, or stepchild, to a maximum of five days. (2) The death of a brother, sister, grandparent, grandchild, son or daughter-in-law, parent-in-law, brother or sister-in-law, grandparent-in-law, aunt, uncle, step- grandparent or step-grandchild, or any relative residing in your household, to a maximum of three days. (3) Bereavement leave is charged against the employee’s sick leave earnings/balance.

2. Anticipating sick leave: a) At the discretion of the Chancellor, permanent employees with at least one year of service may anticipate sick leave before it is actually earned. b) Most temporary employees are eligible for sick leave after working 750 regular hours in the leave calendar year but are not permitted to anticipate sick leave. c) In no case may sick leave be anticipated beyond the end of the calendar year.

3. Sick leave Carrycarry-over/Payoutpayout: a) Unused sick leave may be accumulated and carried over from one calendar year to the next, up to maximum of 300 days. b) Upon certain retirements or upon death in service, the employees or their beneficiary is paid for a percentage of accumulated unused sick leave. See the leave earnings charts for details.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM FAMILY AND MEDICAL LEAVE ACT OF 1993

1. The Family and Medical leave Act of 1993 (FMLA) requires qualifying employers to provide at least 12 weeks of leave (with or without pay) with benefits within a 12-month period to employees who: a) Have serious health conditions; b) Become parents through childbirth, adoption, or foster care placement; c) Are needed to care for a seriously ill family member.

2. To be eligible for FMLA, the employee must: a) Have at least one year total employment, even if the employment was not continuous, and 3. Have been paid for at least 1,250 hours during the previous 12 month period. This includes regular and overtime hours paid, but excludes holidays and other paid time off.The Family and Medical Leave Act does not supersede any state or local law or collective bargaining agreement, which often provide greater family or medical leave rights.

PARENTAL LEAVE WITHOUT PAY (WITH/WITHOUT BENEFITS)

1. Both male and female permanent employees of the State System who become parents through childbirth, formal adoption, or foster care placement can be granted parental leave upon request.

2. Whenever possible, the employee should submit a request for parental leave to the supervisor at least two weeks prior to the anticipated absence from work.

3. Employees can be granted parental leave without pay with benefits for a duration of six months (982.5 hours). This may be taken on a full-time basis or with approval from the supervisor, on a part-time basis. Contact the HR Office for assistance on part-time arrangements.

4. With approval from the Chancellor, parental leave without pay may be extended for a period not to exceed an additional six months. During the extension, leave is without System-paid benefits.

5. Under all circumstances, the employee must return to work on or before the child’s first birthday, whether or not approved leaves have been exhausted.

6. Before, during, after or instead of using parental leave without pay, an employee is entitled to use appropriate accrued leave. For example, a birth mother may use her available sick leave for the period of time that she is physically unable to work, as certified by a physician.

7. Parents may use any accrued annual or personal leave without subtracting from the length of their parental leave without pay.

8. Leave used for this purpose will be counted under the provisions of the Family and Medical Leave Act of 1993.

9. For additional information on parental leave without pay, contact the Human Resources

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Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM SICK LEAVE WITHOUT PAY (WITH/WITHOUT BENEFITS)

1. After completing six months of service, an employee may request and be granted an unpaid leave of absence for illness.

2. Sick leave without pay is granted for a period longer than two consecutive weeks, up to a maximum of six months. This leave generally is provided with benefits.

3. If the illness or disability is due to a serious health condition as defined by the Family and Medical Leave Act, leave may be granted for periods of less than two consecutive weeks. An FMLA certificate of illness/disability must be completed and provided to the supervisor.

4. A request for sick leave without pay should be submitted to the supervisor in advance of the leave if possible, and should include a doctor's certificate which includes the prognosis and the employee’s expected date of return to work.

5. Upon request, an extension of up to an additional six months of leave without pay can be granted. This extension of sick leave without pay is without System-paid benefits.

6. A request for an extension of sick leave without pay must be provided to the supervisor along with documentation of the prognosis and an expected date of return.

7. Sick leave without pay will be counted under the provisions of the Family and Medical Leave Act of 1993.

8. For further information on sick leave without pay, please contact the Human Resources Office or consult Management Directive 530.2 or 530.4.

FAMILY CARE LEAVE

1. After completing one year of service, employees may be granted up to 12 weeks of family care leave without pay to attend to the medical needs of a seriously ill spouse*, child*, or other person qualifying as a dependent under IRS eligibility criteria. a) Child is defined as a biological child, adopted child, foster child, stepchild, legal ward, or child in the care of a person standing as a parent. A child must be under age 18 or be 18 years or older and incapable of self-care because of mental or physical disability. b) Parent is defined as a biological parent or an individual who stood as parent when the employee was a child.

2. A request to use family care leave must be submitted at least two weeks in advance, if circumstances permit. The request must include the name and relationship of the individual for whom care will be providedto be cared for, the expected duration of the leave, medical certification stating that the employee needs to care or arrange care for the family member, the date the illness began, and the expected duration.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM 3. Before, during, after, or instead of family care leave, employees are entitled to use appropriate accrued leave.Family care leave will be counted under the provisions of the Family and Medical Leave Act of 1993 4.

5. For further information on family care leave without pay, contact the Human Resources Office or consult management directive 530.2 or 530.4.

INJURY LEAVE

1. An employee who is injured at work and whose injury is covered under the Workers’ Compensation Law may elect to use the following options for an aggregate of 12 months within three years from the date of injury: a) Paid injury leave, which is use of accrued sick, annual, or personal leave, to supplement workers’ compensation; and/or b) Injury leave without pay.

2. If only paid injury leave is used, it may be used for longer than 12 months if more than 12 months of accrued leave is available.

3. The election to use paid or unpaid injury leave may only be changed once.

4. The leave will be with benefits for the aggregate 12 months.

5. Medical appointments will be charged to paid leave or, if no accrued leave is available, to injury leave without pay.

6. At the expiration of the 12-month entitlement, an employee will be placed on injury leave without pay without benefits for up to three years from the date of injury.

7. Injury leave will be counted under the provisions of the Family and Medical Leave Act of 1993.

8. For further information about injury leave, contact the Human Resources Office.

CIVIL LEAVE WITH PAY

1. Permanent employees who are called to jury duty or subpoenaed to attend court or certain administrative hearings may be granted civil leave with pay.

2. Advance approval must be obtained from the supervisor and evidence must be provided that indicates the absence is required.

3. Civil leave will not be granted in cases in which the employee volunteered for jury duty or has been subpoenaed as a party to a civil or criminal court proceeding.

4. Civil leave may be granted to perform fire fighting duties; emergency medical technician duties; Civil Air Patrol activities; or emergency management rescue work duties during a fire,

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM flood, hurricane, or other disaster.

5. Certified Red Cross disaster relief volunteers may be granted civil leave to perform disaster relief work for the Red Cross during a state of emergency declared by a Governor. a) The employee must request approval from the supervisor in advance. b) The employee must provide a statement from his/her unit explaining the possible need for his/her participation. c) Upon return to work, the employee must furnish a written statement from the organization s/he served, certifying his/her activities during the period of absence from work.

6. For further information on civil leave, consult the Human Resources Office or Management Directive 505.7.

EDUCATIONAL LEAVE WITH PAY

1. Employees may be granted educational leave with pay to participate in part-time out-service training that is job-related.

2. Approval must be given by the Chancellor or designee, and will be contingent upon the work unit's operational needs.

3. Use of educational leave is limited to 20 days in any calendar year.

4. For information on educational leave, contact the Human Resources Office or see Management Directive 505.7.

ADMINISTRATIVE LEAVE WITH PAY

1. Paid administrative leave may be granted to permanent employees for the following purposes, provided proper notice is given and the leave has been approved:

a) Labor negotiations and meet-and-discuss sessions. b) Grievant or witness at a labor arbitration. c) Witness for the State System before the Pennsylvania Labor Relations Board. d) Voting or watching at a labor election site. e) Competition in international and world championships, not in excess of 30 days per calendar year (see Management Directive 530.10). f) Physical examination for entering the armed forces. g) Participation in authorized blood donor plans, to a maximum of four hours per calendar year (see Management Directive 530.21). h) Taking a State Civil Service examination, a maximum of once in each one-half calendar year, provided the examinations are not available to be scheduled on non-work days.

2. Employees must have prior approval of the Chancellor or designee for Items a. through g. Contact the Human Resources Office for assistance on these items. To participate in a State Civil Service examination, Item h., only the pre-approval of the supervisor is required.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM 3. Contact the Human Resources Office for assistance on these items.

Last Updated 08/16/201611/16/05Revised 5/24/2018 6:08:43 PM MILITARY LEAVE WITH PAY (WITH BENEFITS)

1. With appropriate documentation, military leave with pay will be granted under the following conditions: a) As an active member of the Pennsylvania National Guard, engaged in active or inactive service of the state or in field training for a period not to exceed 15 working days in any calendar year. b) As a member of an active reserve unit of one of the military services, engaged in active or inactive service of the United States or in field training for a period not to exceed 15 working days in any calendar year. c) For taking a medical examination that may be required in connection with entering the Armed Forces. d) On days during which the employee, as a member of the Pennsylvania National Guard, is engaged in active state duty as ordered by the Governor. Examples of such duty would be activation as a result of floods, winter storms, or riots.

2. While on military leave with pay, benefits are continued in accordance with Management Directive 530.26 Amended, Benefits Entitlements for Employees on Military Leave.

MILITARY LEAVE WITHOUT PAY (WITH/WITHOUT BENEFITS)

1. With appropriate documentation, military leave without pay will be granted under the following conditions for a maximum of five years: a) If the employee leaves his/her job for the purpose of voluntary or involuntary duty in any branch of the Armed Services, including Reserve or Guard, or the commissioned corps of the Public Health Service. b) If the employee has exhausted the paid military leave entitlementbenefits and receives orders for additional training duty.

2. Employees granted military leave without pay for active duty will be paid or credited for annual and personal leave and credited for sick leave earned but not used at the time of entry into the Armed Forces.

3. Employees will not earn annual, sick or personal leave while on military leave without pay.

4. Employees who are separated from the service by an undesirable, bad conduct or dishonorable discharge will not be entitled to any of the benefits relating to military leaves without pay except such vested rights as they may have acquired by previous employment with the Commonwealth.

5. Benefits are provided for a portion of a military leave without pay in accordance with Management Directive 530.26 Amended, Benefits Entitlements for Employees on Military Leave.

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