Article 20 - Leaves
Feb 27, 2006 2:10 PM
A. Jury Duty
Employees called to jury duty will be provided with time off to fulfill their civic obligations. Employees should notify their supervisor immediately upon receiving notice from the court. Full- time Employees will be paid their regular salary. Part-time Employees will be paid for scheduled work days missed due to jury duty.
B. Bereavement Leave
In the event of the death of an immediate family member (spouse, domestic partner, children, parents and siblings, including such step relations) a full-time Faculty Member will be granted a leave with pay for up to five days, commencing within seventy-two (72) hours of the death. In the event of the death of an extended family member (spouse’s parents, grandparents, spouse’s grandparents and spouse’s siblings) a full-time Faculty Member will be granted a leave with pay for up to three days, commencing within seventy-two (72) hours of the death. In the event of the death of a relative who is not defined above, a full-time Faculty Member will be granted a one day paid leave, commencing within seventy-two (72) hours of the death.
A part-time Faculty Member will be granted up to two consecutive workdays paid leave, if scheduled, commencing within seventy-two (72) hours of the death of an immediate family member. A part-time Faculty Member will receive a one-day paid leave, if scheduled, commencing within seventy-two (72) hours of the death of an extended family member.
The Employee must notify his/her supervisor at the beginning of the leave. The Employer may require proof of death to approve the payment for bereavement leave.
C. Sick Leave, Disability, Paternity Leave and Personal Days
- Sick Leave
Full-time Faculty Members will receive six (6) sick days per contract year and part-time Faculty Members will receive two (2) sick days per contract year. These absences are considered to be a pool of compensable days off from work for each individual separate from Short Term Disability. In the event of termination of employment, Employees will not be compensated for any unused sick days and cannot accumulate them from year to year. - Compassionate Transfer of Sick and/or Personal Days
Faculty Members with at least one year of service may transfer all or part of their allotted sick days and/or personal days to another Faculty Member who has exhausted his/her sick days and/or personal days, as applicable. An individual Faculty Member is eligible to receive up to six (6) transferred sick days and/or one (1) transferred personal day per contract year under this provision. Each transfer of day(s) shall be evidenced by a form signed by the donor and recipient and delivered to the Director of Human Resources within three (3) workdays of the return from an uncompensated absence. The president of AiNYC may approve up to an additional nine (9) sick days in unusual situations. Such approval shall not be precedent setting. - Compassionate Transfer of Discretionary Vacation/Compensatory Time for Paternity Leave
Faculty Members with at least one year of service may transfer all or part of their accrued discretionary vacation and/or banked compensatory time to another Faculty Member who has exhausted his/her discretionary vacation/banked compensatory time and who requests a five (5) day paid paternity leave. Each transfer of day(s) shall be evidenced by a form signed by the donor and recipient and delivered to the Director of Human Resources within two (2) workdays of the birth of the baby. - Short -Term Disability
Full-time Faculty Members are eligible for short-term disability benefits as described in the Signature Benefits Program description. Benefits are payable under this plan when a Faculty Member is absent from work for more than five (5) days in a row due to illness or injury and proof of the disability is provided. When it becomes apparent that the Faculty Member will miss more than five workdays, the Human Resources department will forward a short-term disability form for the Faculty Member to complete, have his/her doctor complete, and return to the Human Resources department so that the Employee’s pay may be continued without interruption. Though a Faculty Member is not eligible for short-term disability benefits until he/she is absent from work for more than five (5) days in a row, once a person is eligible, he/she is paid for the first five (5) days and any sick days used are restored to the Faculty Member’s sick day allotment. - Personal Days
Full-time Faculty Members are entitled to take three personal days during each contract year. Personal days should be scheduled at least ten days in advance, if possible. Personal days cannot be carried over from year to year and individuals will not be compensated for unused personal days in the event of termination.
D. Sabbatical Leave
- The purpose of a sabbatical is to provide an opportunity for professional growth and development beyond the restrictions of a normal teaching schedule. A sabbatical may be used for research, study or other professional activity. It is expected that the sabbatical will provide a growth experience for the Faculty Member, and as a result will provide tangible benefits to the AiNYC and its students.
- A sabbatical shall be for twelve (12) weeks commencing at the start of a quarter. All pay and benefits will continue on the same basis as before the sabbatical. The Faculty Member will be guaranteed reinstatement to a Faculty position in accordance with the terms of the contract.
- All full-time Faculty Members are eligible to apply for a sabbatical after seven years of full-time service. Full-time Faculty Members who have had prior part-time service will have their part-time service credited on a pro-rata basis for the purpose of qualifying under this Article.
- Eligible Faculty Members shall apply for a sabbatical leave on a form available from the Employer. Applications shall be submitted to the office of the Dean of Academic Affairs by September 1st for a sabbatical to be taken during the subsequent contract year. The Dean shall determine which applicants have met the eligibility requirements as set forth herein, and shall advise each applicant no later than September 15th of such eligibility determination. If an applicant is deemed ineligible, the basis for that determination shall be provided in writing by the Dean. Applicants deemed ineligible who question that determination should do so as expeditiously as possible.
If more eligible Instructors apply than the number of sabbaticals to be awarded, the senior eligible applicant(s) will receive the sabbatical(s) unless the senior applicant previously received a sabbatical and another eligible applicant has not, in which case the senior eligible applicant who has not previously received a sabbatical leave shall be awarded the sabbatical.
The award shall be announced not later than October 1st. - Upon completion of the sabbatical the Faculty Member will be expected to deliver a report, lecture, demonstration or exhibit to the appropriate constituencies of the School during the academic quarter following the sabbatical.\
- A Faculty Member who fails to return from a sabbatical for reasons within his or her control will reimburse the School for the salary received and the insurance premiums paid by the School attributable to the period of the leave. A returned Faculty Member who fails to voluntarily maintain employment at AiNYC for at least one year following the sabbatical for reasons within his or her control will reimburse the School for the salary received and the insurance premiums paid by the School attributable to the period of the leave, on a pro-rata basis based on the percent of the one-year of service completed.
- Three sabbaticals shall be awarded annually, with all sabbaticals awarded on a Faculty-wide basis.
E. Family and Medical Leave Act (FMLA) Leave
Full-time Faculty Members and part-time Faculty who have worked at least 1,250 hours during the preceding twelve months are eligible for up to twelve workweeks of unpaid leave for serious personal illness or to care for a spouse, parent or child, including an adopted or foster child, pursuant to the FMLA. During the FMLA leave health insurance coverage shall continue on the same terms as if the Faculty Member continued to work. Upon return from the FMLA leave the Faculty Member will be restored to his or her original job or to an equivalent job. Effective November 1, 2002 the Employer will grant leaves to care for a domestic partner on the same basis as FMLA leaves to care for a spouse.
F. Military Leave
Leaves of absence shall be granted for the performance of duty with the U.S. Armed Forces or with a reserve component thereof in accordance with applicable law.
Instructors who are members of a National Guard or Military Reserve unit will be granted a Short Term Military Leave of Absence if called to training and/or active duty. Upon return to work, the Instructor will be reimbursed for the difference between the military pay and regular straight time pay for a maximum of ten (10) working days per year upon submission of their military pay vouchers.
Instructors who enlist or who are inducted or ordered to active duty to fulfill their reserve obligations, or who are ordered to active duty in connection with reserve activities for indefinite periods, or for periods in excess of their annual training will be reinstated in accordance with the Veteran’s Reemployment Rights Act and other applicable laws.
Employer provided benefits will continue during military leaves not exceeding thirty (30) calendar days. Instructors on Military Leave exceeding thirty (30) days are eligible for health insurance benefits continuation as governed by COBRA laws.
G. Personal Leave
An Instructor’s request for a leave of absence up to six months for personal reasons shall not be unreasonably denied. The request shall be submitted in writing to the Director of Human Resources at least three weeks prior to the start of a quarter if possible. Unless specifically provided otherwise, personal leaves are unpaid.
Should the Employer find it impossible to grant all applications for personal leave, because of an inability to cover scheduled classes, and subject to applicable law, the senior applicant(s) will receive the leave. However, if the senior applicant has previously received a leave and another applicant has not, the senior applicant who has not previously received a leave shall be granted the leave.
H. Seniority and Benefits while on Leave
Faculty Members on approved paid leaves (including those on disability leaves of up to one year) and those on short-term unpaid leaves of thirty days or less continue to accrue seniority and to be eligible for all contractual benefits applicable to active Employees.
Faculty Members on unpaid leaves exceeding thirty days do not lose their accrued seniority, and will continue to accrue additional seniority for up to 12 weeks. Furthermore, except as otherwise required by law or by the specific provisions of this Agreement, continuation of benefits after thirty days in unpaid status is at the expense of the Faculty Member.
I. Return from Leave
A Faculty Member who returns to work on the next scheduled work day following the expiration of an approved leave shall resume his/her former time slot/shift, subject and status and replacement Faculty Members shall do likewise. An Employee who accepts other full-time permanent employment during the leave or who voluntarily fails to return to work on the next scheduled work day following the expiration of the leave will be considered to have voluntarily terminated. Misrepresenting the reasons for applying for a leave of absence may result in disciplinary action.
