3.4             Absences and Leaves Policies

Full-time employees are entitled to the following leave programs.  Full-time employees working less than 1,950 hours annually and part-time employees are eligible for these programs on a pro-rated basis, unless otherwise noted.

So that accurate records may be maintained, any vacation or absence must be reported to the Payroll Office by submission of the leave record on a biweekly basis.  Absence on official University business need not be reported on this form.

3.4.1        Family and Medical Leave (FMLA) Policy

PURPOSE

The purpose of this policy is to define the University’s policy, procedures, and guidelines for administering family and medical leave in compliance with the Family and Medical Leave Act (“FMLA”).

POLICY

It is the policy of Canisius University to provide eligible employees with unpaid family/medical leave (FMLA) for up to 12 weeks within any 12-month period for specified family and medical reasons; or up to 26 workweeks of unpaid leave in a 12-month period to care for a covered service member with a serious injury or illness.  

To be eligible, employees must have worked for the University for at least 12 months, and for at least 1,250 hours during the last 12 months.  The University maintains current health benefits during an approved family/medical leave, with the employees continuing to pay their portion of the premium.  Accrued vacation may be used for any portion of the 12 weeks.  Additional vacation and sick leave will not accrue during any unpaid portion of FMLA.  Absences due to Workers’ Compensation, NYS Disability, NYS Paid Family Leave, or unpaid personal leave for family care will count toward one’s annual 12-week FMLA allotment. 

The administration of leave under this policy shall be done in accordance with the procedure and guidelines set forth below, as well as FMLA and related regulations.  Detailed information and application forms are available in Human Resources.

DEFINITIONS

Eligible Employee - one who has worked for Canisius University for at least twelve (12) months and has worked at least 1,250 hours during the twelve (12) months immediately preceding the requested leave.

Serious Health Condition - an illness, injury, impairment, physical or mental condition that results in (a) any period of incapacity or treatment related to inpatient care in a hospital, hospice, or residential care facility, (b) any period of incapacity requiring absence from work, school, or other regular activity for more than three (3) calendar days that also involves continuing care [treatment two or more times by a health care provider or pursuant to a regimen of supervised care], or (c) that requires continuing care by a health care provider for a chronic, serious health condition or which results in a period of incapacity, or (d) prenatal care.

Medical Necessity - certification by a health care provider that a medical need can best be accommodated by an intermittent or reduced leave and outlining the expected duration and schedule of the intermittent or reduced leave.

Key Employee - an FMLA-eligible employee who is among the highest paid ten (10) percent of the employees employed within seventy-five (75) miles of the employee’s worksite.

Qualifying Exigency - qualifying exigencies are situations arising from the military deployment of an employee’s spouse, son, daughter, or parent to a foreign country.  Qualifying exigencies include the following: Short-notice deployment; Military events and related activities; Childcare and school activities of the service member’s child; Financial and legal arrangements for the service member; Counseling; Rest and recuperation of the service member; Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status, and addressing issues arising from the death of a covered military member; or Additional activities that the employer and employee shall agree qualify as an exigency and agree to both the timing and duration of such leave.

Covered Service Member - a member of the armed forces, including a member of the national guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.  A "covered service member” also includes a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

Where a term is defined in the FMLA and/or accompanying regulations, that definition will be incorporated into policy.

PROCEDURES/GUIDELINES

Family and medical leave will be provided to eligible employees in conformity with the Family and Medical Leave Act (FMLA).  Eligible employees are entitled to:

A maximum of twelve (12) weeks of leave during a twelve-month period for any of the following reasons:

1. The birth of a child and to care for the newborn child within one year of birth;

2. The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

3.  Care of a child, spouse, or parent with a serious health condition;

4. . A serious health condition that results in the employee’s inability to perform the essential functions of the employee’s job;

5. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

6. A maximum of twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Leave Entitlement

An eligible employee may take up to twelve (12) weeks unpaid leave for the reasons set forth in paragraph 1 (a-e) above in a twelve (12) month period.  The twelve (12) month period is a rolling twelve (12) month period measured backward starting on the date an employee first uses any FMLA leave (i.e., no more than twelve (12) weeks FMLA may be taken in any twelve (12) month period).  Any FMLA leave taken by an employee during the preceding twelve (12) month period will be used to determine the amount of available leave pursuant to the FMLA.  Once the employee’s leave exceeds the requirements of the FMLA, the University may fill the employee’s position, as business circumstances may not allow the University to keep the position open.

eave  may be  continuous or intermittent See paragraph 7 of the Administrative Requirements section below for additional information.

Leave for a newborn child or adoption or foster care placement of a child must be completed within twelve (12) months of the birth, adoption, or placement, and the leave may be taken continuous or intermittent.  Spouses employed by Canisius University are jointly entitled to a combined total of twelve (12) weeks of family leave for the birth or placement of a child, or to care for a parent who has a serious health condition.  However, for other qualifying reasons under FMLA (other than military caregiver leave), each eligible spouse is entitled to twelve (12) workweeks.  If the employee and his or her spouse are employed by the University, they are limited to a combined total of twenty-six (26) workweeks of FMLA leave during a single twelve (12) month period for the care of a service member or veteran with a serious injury or illness (military caregiver leave).

Substance Abuse

FMLA leave is available for treatment for substance abuse or for the care of an immediate family member who is undergoing treatment for substance abuse.  The patient must be undergoing treatment by a health care provider, and must not be using the substance in issue.

Military Caregiver Leave

Eligible employees are entitled to up to twenty-six (26) work weeks of unpaid FMLA leave in a single twelve (12) month period to care for a current member of the armed forces, the national guard or reserves who has a serious injury or illness incurred or aggravated in the line of duty on active duty for which he/she is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, or to care for a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness (as that term is defined by the Secretary of Labor) incurred or aggravated in the line of duty on active duty, provided the veteran was a member of the U.S. armed forces (including the national guard or reserves) during the five-year period preceding that medical treatment, recuperation, or therapy.

Administrative Requirements

Use of Paid Leave: Employees will be required to utilize their paid leave prior to receipt of unpaid FMLA leave, i.e., paid vacation and/or paid personal leave for leave taken pursuant to (1) and (2) above, and paid sick, vacation and personal leave for leave taken pursuant to (2) and (3) above.  The period of this paid leave will be counted against the employee’s total FMLA leave entitlement, as will workers’ compensation leave, NYS Disability or NYS Paid Family Leave

Application for Leave: Employees must give thirty (30) days advance notice of the need to take FMLA leave to Human Resources.  When it is not possible to give thirty (30) days advance notice, notice must be given as soon as practicable, ordinarily within one or two days of when the need for the leave becomes known to the employee.

• Failure to give adequate notice as outlined above may result in a delay of up to thirty (30) days before FMLA leave will be granted.

• When requesting intermittent leave for medical treatments, employees must make reasonable efforts to schedule the leave so as not to unduly disrupt University operations.

• After receiving a request for FMLA leave, Human Resources or a designee will inform the employee whether he or she is eligible under the FMLA.  If eligible, Human Resources or designee will inform the employee about any additional information the employee must provide to qualify for FMLA leave as well as detail the employee’s rights and responsibilities concerning FMLA leave.  If the employee is not eligible for FMLA leave, Human Resources or a designee will inform the employee why he or she is not eligible.

• Human Resources or a designee will provide a copy of the leave form to the employee’s supervisor notifying the supervisor of the approval or denial of leave.

Medical Certification: Employees must provide medical certification from an appropriate health care provider to support a FMLA request related to a serious health condition on a form which will be provided to the employee.  This certification must be returned within fifteen (15) days under normal circumstances. Forms may be obtained from the Human Resources Office or on MyCanisius.edu

• If an employee provides medical certification that is questionable or inadequate, (s)he will be referred to a second provider at Canisius University’s expense.

• If the first and second opinions differ, a third opinion will be obtained, again at Canisius University’s expense.  The third health care provider will be selected by mutual agreement of the employee and Canisius University, and that opinion will be final and binding.

Note: The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of employees or their family members.  In order to comply with this law, the University requests that employees do not provide any genetic information when replying to this request for medical information.  ‘Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family members genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual of an individual’s family member or an embryo lawfully held by an individual or family member receiving reproductive services.

Medical Re-Certification: Employees on FMLA leave for pregnancy, chronic or long-term conditions under the continuing supervision of a health care provider will be required to submit monthly re-certifications or updated reports regarding the family member or employee’s current medical status.  Employees must give advance notice of their intent to return to work, either as part of a monthly re-certification, or, when less leave is required than was anticipated, at least two days.  Failure to meet the certification requirements may result in counting the employee’s days off against his or her attendance record; disciplinary action, up to and including termination; or denial of reinstatement following the leave.

Prohibition on Working During FMLA Leave: Except where express authorization is given, employees on FMLA leave are prohibited from performing any work, paid or unpaid, for any other person or entity, including the employee’s own business.  Violations of this prohibition may result in FMLA leave being revoked and the employee’s prior days off being counted against his or her attendance record; disciplinary action, up to and including termination; or denial of reinstatement following the leave.

Returning from FMLA Leave: An employee taking a FMLA leave due to a serious health condition must present certification that (s)he is fit for duty prior to reinstatement.  Failure to provide the requisite certification will result in denial of restoration to employment.  In most cases, an employee returning from FMLA leave will be restored to the position previously held prior to FMLA leave, provided that position remains available.  If that position is unavailable, the employee will be reinstated to an equivalent position with equivalent pay, benefits and other terms and conditions of employment.  An employee taking FMLA leave is not entitled to any greater right to reinstatement or other benefits than if continuously employed during the leave period.  Key employees may be denied job restoration if such denial is necessary to prevent substantial and grievous economic harm to the operation of the University.

Reduced or Intermitted Leave: If FMLA leave is taken on a reduced or intermittent basis, the employee may be transferred temporarily to an available alternative position for which the employee is qualified and which better accommodates the recurring periods of leave.

Request for an Extension of a FMLA Leave: In order for a FMLA leave of absence to be extended for longer than what was originally approved, the request must be accompanied by an appropriate health care provider certification indicating the condition or disability and circumstances for the extension before the request will be considered.

Failure to Return from a FMLA Leave: Any employee who fails to return to work as scheduled after FMLA leave may be subject to dismissal from employment. Employees who exceed their FMLA entitlement without extension(s) of their leave approved under other appropriate leave provisions, may be subject to dismissal from employment.

Benefits During Family or Medical Leave of Absence

• Health insurance coverage will continue throughout the duration of a FMLA leave.  The conditions under which such coverage is provided will be the same as if the employee were actively working.  Moreover, employees will not lose any employment benefits earned and accumulated before their FMLA leave begins.  Employees on FMLA leave, however, are not eligible for jury duty, funeral leave, or sabbatical leave during such leave.

• The employee share of any health plan premiums must continue to be paid by the employee while on FMLA leave, and payments are due at the same time as if made by payroll deduction.  Similarly, employees contributing to their family’s health care coverage are required to make the appropriate contributions during the approved family or medical leave of absence.  Monthly payment by cash or check must be received by Human Resources by the fifteenth of each month.  Failure to make any required payment will cause such health care coverage to lapse.

• If an employee’s share of any health insurance premium is delinquent for more than thirty (30) days, the employee’s health coverage may be terminated.  If coverage is not terminated and Canisius University elects to pay the entire premium, the amount of the employee’s delinquency will be recovered from the employee after (s)he returns to work.

• If an employee fails to return to work after FMLA leave has expired, Canisius University may recover the cost of any premiums it paid during the employee’s unpaid FMLA leave unless the employee’s failure to return to work is the result of: (a) The continuation, recurrence or onset of a serious health condition that would entitle the employee to FMLA leave; or (b) Other circumstances beyond the control of the employee.

• A key employee is a salaried employee whose salary is among the highest paid 10 percent (10%) of all employees of the University.  Key employees may not be entitled to return to their position should the University determine that substantial and grievous economic injury will result from his or her absence.  If a key employee is notified of Canisius University’s intent to deny restoration of employment, the key employee will continue to be entitled to maintenance of health benefits until such time as the key employee gives notice that (s)he no longer wishes to return to work, FMLA leave entitlement is exhausted, or restoration is actually denied at the end of the leave period.  Premium costs paid on behalf of key employees in such circumstances are not recoverable.

Factual Misrepresentations

Factual misrepresentations made by employees in order to obtain FMLA leave shall result in disciplinary action, up to and including termination.  Additionally, disciplinary action may also be taken against employees who are engaged in employment activities unrelated to the University while on an approved FMLA leave.

RELATED POLICIES

Family Care Days Policy

Part-time Paid Days Policy

Sick Leave (Staff) Policy

3.4.2        Bereavement Leave Policy

PURPOSE

The purpose of this policy is to define the University’s policy and guidelines for administering bereavement leave.

POLICY

A Full- time employee who has been absent from work by reason of a death in the employee’s own immediate family shall be permitted an absence of not more than three (3) working days, with pay.  For death of other close relatives, one (1) day with pay will be granted.  Additional time needed may be charged against earned vacation days or personal leave days.

Employees on a modified schedule will be paid based on the number of hours normally worked.

Part-time employees will be paid for bereavement leave if the day falls on the employee’s regular scheduled work day.  Additional time may be charged against earned vacation days or request leave without pay.

DEFINITIONS

Immediate Family - include only such employee's spouse, mother (in-law), father (in-law), brother (in-law), sister (in-law), son (in-law), daughter (in-law), grandchild, immediate step-family and grandparents (in-law).

PROCEDURES/GUIDELINES

The employee may be asked to submit documentation in order to receive pay for such days taken (i.e., obituary notice).

RELATED POLICIES

Personal Leave Days (Staff) Policy

Vacation (Staff) Policy

3.4.3        Holiday Policy

PURPOSE

The purpose of this policy is to define the University’s policy and guidelines for administering holiday leave.

POLICY

The University observes the following 14 days as holidays:

Except for essential operating personnel, offices either will be closed on these days or the individual employee may be absent from the office on that day.

** Full-time essential operating personnel who are required to work one of these days will receive an alternative day off as mutually agreed by the supervisor.  

DEFINITIONS

Essential Operating Personnel—include public safety administrators, officers and staff, facilities management administrators and staff, and certain other administrators and staff scheduled to work on the holiday.

PROCEDURES/GUIDELINES

General Guidelines

The dates on which holidays are observed vary in accordance with the academic schedule and are announced in advance.  If there is to be a change in the above holiday schedule, the University will give one month’s notice when possible.

Employees may request time off without pay or, if eligible, use a personal leave day or vacation day for the observance of religious holidays not on this list.

To be eligible for holiday pay, a full-time employee must work the scheduled working day before and after the holiday, or have prior manager approval for schedule vacation or personal leave.

Sick leave before and after a holiday will be reviewed on a case by case basis.

Staff on unpaid sick leave or leave of absence at the time the holiday occurs are not eligible for holiday pay.

Terminating employees must actually work on the scheduled day before and after the holiday to be entitled to holiday pay.  Sick leave, personal leave, and accrued vacation pay will not be considered as "working" in the case of terminating staff employees.  No pay will be issued for holidays occurring after last day worked.

A non-exempt employee who works on a holiday will be paid straight time for the holiday and straight time for the hours worked.

Holiday work will not be considered "overtime" for non-exempt staff unless an excess of forty (40) hours are actually worked that week, and then time-and-one-half for any hours worked exceeding forty (40) will be paid.

Part-time staff are not entitled to paid holidays, but may use accrued vacation leave..

Classification Specific Holiday Shutdown Guidelines

Full-Time Staff

Full-time employees receive additional paid time off when most offices close for the Holiday Shutdown at the end of the calendar year.  Exact dates vary annually and are announced in advance.  Full-time, non-exempt staff required for business reasons to work during the holiday shutdown will be paid for time worked and receive floating holiday time (equal to the time worked) to be used by the end of the benefit year.  Exempt staff who are required for business reasons to work will receive floating holiday time (equal to the time worked) to be used by the end of the benefit year. Floating holiday time must be scheduled at a mutually convenient time.

RELATED POLICIES

University Closing and Class Cancellation Policy

Part-time Paid Days Policy

Personal Leave Days (Staff) Policy

Sick Leave (Staff) Policy

Vacation (Staff) Policy

3.4.4        Jury Duty Policy

PURPOSE

The purpose of this policy is to define the University’s policy and guidelines for administering jury duty leave to eligible employees of the University.

POLICY

All regular employees of the University are eligible for jury duty and witness absence, under the following conditions:

Full-time employees service jury duty will be paid their regular wages or salary as applicable.  Court allowances for travel may be kept by the employee.

Part-time employees who are scheduled for jury duty on their regular work day will be paid the Jury fee or their regular wages- whichever is lower.  If jury duty is scheduled for a normal day off, the employee will not receive wages from the University.

Documentation of notice with dates, must be presented to the supervisor immediately upon receipt.  Sufficient notice allows the supervisor to reschedule work assignments.

An employee who is subpoenaed or serves as a witness for the University will be paid.  These situations may not require full-time attendance, and the employee is expected to report for work on any full or partial day during which the employee is released.

Upon completion of court service, full-time non-exempt employees must submit certifications (provided by the court) along with the regular University time sheet in order to be paid.

Employees appearing in court as a witness, party plaintiff or party defendant on a personal matter will not be granted paid leave, but eligible employees may use accumulated vacation or personal leave, or may request a leave of absence without pay not to exceed fifteen (15) working days.

For additional information, please refer to the Guide for Employers for the State of NY –  http://www.nyjuror.gov/pdfs/hb_EE.pdf

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

Not Applicable.

RELATED POLICIES

Personal Leave Days (Staff) Policy

Vacation (Staff) Policy

3.4.5        Medical Leave of Absence Without Pay (Staff) Policy

PURPOSE

The purpose of this policy is to define the University’s policy and guidelines for administering unpaid leave due to medical reasons to eligible full-time staff employees of the University.

POLICY

Under certain conditions, it is the policy of Canisius University to provide eligible staff employees an unpaid leaves of absence for medical reasons in accordance with the policy guidelines set forth in the Procedures/Guidelines section of this policy.

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

An employee (part-time or full-time) who is taken out of work due to a medical condition is required to file for NYS disability through Human Resources.  During the leave the employee will receive disability payments from the University's NYS Disability Carrier. The maximum weeks for NYS Disability is 26. If the employee is electing to use accruied time, then the University will withhold the employee's contributions for medical, dental, flexible spending and vision insurance along with life insurance and long term disability.  During this time the employee’s job will be held open. 

After an employee has exhausted their NYS disability and paid sick leave, the employee may be eligible for an additional medical leave of absence for an additional 6 months.  The employee will be required to apply for Long Term Disability (if enrolled).  During such leave, the University will continue its regular contributions for those participating in tuition waivers, medical, dental and vision insurance, long term disability, and life insurance for up to 6 months.  The employee is required to pay their contribution amount to the University during this time.  If the employee returns during this 6 months a job will be provided but it may not be the employee’s prior position.

RELATED POLICIES

Family and Medical Leave (FMLA) Policy

Personal Leave Days (Staff) Policy

Sick Leave (Staff) Policy

3.4.6        Military Leave Policy

PURPOSE

The purpose of this policy is to set forth University policy and guidelines relating to compensation/benefits/leave and reinstatement of employment for Canisius University employees who require time off work due to military service.

POLICY

Canisius University, in compliance with the Uniformed Services Employment and Re-Employment Rights Act (USERRA), encourages University employees to fulfill military obligations by providing equitable treatment to employees who have military obligations.  Accordingly, a military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with USERRA.  Advance notice of military service is required unless military necessity prevents such notice.  A copy of the military orders shall accompany the application.

Employees will receive partial pay for two-week training assignments and other absences of shorter duration.  Employees must present satisfactory pay verification data to be paid the difference between their normal base compensation and the pay (excluding expense pay) received while on military duty.  Military leave in excess of two weeks will be unpaid.  However, employees may use any available paid time off for the absence.

Continuation of health insurance benefits is available as stipulated by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is eligible (see below for additional information).  Vacation, sick leave, and holiday benefits will continue to accrue during a military leave of absence.

Moreover, the University will not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

DEFINITIONS

Military Service - Service in the uniformed services covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. It includes, but is not limited to: Active Duty, Active Duty for Training, Initial Act of Duty for Training, Inactive Duty Training, full time National Guard duty, and absence from work to determine fitness for any of the above types of duty.

Uniformed Services - means the armed forces; the army national guard and the air national guard when engaged in active duty for training, inactive duty training, or full-time national guard duty; the commissioned corps of the public health service; and any other category of persons designated by the president in time of war or national emergency. For purposes of USERRA coverage only, service as an intermittent disaster response appointee of the NDMS (National Disaster Medical System) when federally activated or attending authorized training in support of their federal mission is deemed “service in the uniformed services,”' although such appointee is not a member of the “uniformed services'” as defined by USERRA.

PROCEDURES/GUIDELINES

Reemployment Rights

Employees who are absent from work for the reason of serving in the uniformed services, or for the purpose of an examination to determine fitness to perform service in the uniformed services, whether voluntarily or involuntarily, are entitled to reemployment rights and other benefits if:

1. The periods of absence from the University attributable to service in the uniformed services do not exceed a cumulative total of five (5) years not to include those periods of service expressly exempted from this five (5) year limitation by federal law (USERRA Regulations, 20 CFR & 1002.103);

2. The employee is discharged under conditions that do not constitute other than honorable discharge; and

3. The employee reports for or applies for reemployment according to the following time limits (based on the length of the current military service from which the employee is returning):

4.  

   1. Unless applicable law provides otherwise, employees whose period of uniformed service is less than 31 days must report to work on the first regularly scheduled workday following 8 hours of rest time upon returning from the place of duty.

   2. Employees whose period of uniformed service was from 31 days to 180 days must submit an application for reemployment no later than 14 days after the completion of service.

   3. Employees whose period of uniformed service was more than 180 days must submit an application for reemployment no later than 90 days after completion of service.

   4. Employees who, at the time of release from military service, are hospitalized for or recuperating from an illness or injury incurred or aggravated during the uniformed service must report for reemployment (if the period of military service was less than 31 days) or apply for reemployment (if the period of military service was 31 days or more) at the end of the period necessary for recovery from the illness or injury, provided the recovery period does not exceed two years. 

   5. Documentation must be provided to establish timeliness of application, and to ensure that all eligibility requirements for reemployment are met.  Failure to provide documentation cannot be used as a basis to deny reemployment if the requested information is not readily available through no fault of the employee.

The University is not required to reemploy an employee if the employment from which the employee leaves to serve in the uniformed services is for a brief, non-recurrent period and there is not a reasonable expectation that such employment will continue indefinitely or for a significant period.  The University is also not required to re-employ an employee returning from military leave if circumstances have changed so that reemployment would be impossible or unreasonable.

Position Upon Reemployment

An employee whose period of uniformed service was less than 91 days must be reemployed, promptly, in a position that the employee would have attained with reasonable certainty if continuously employed (the “escalator position”).  If not qualified for that position (after reasonable attempts to qualify the employee) the employee must be reemployed in the position the employee left, and if the employee is not qualified for the pre-service position (after reasonable attempts to qualify the employee), the employee must be reemployed in any other position that is the nearest approximation first to the escalator position and then to the pre-service position, provided the employee qualified for the position.

For an employee whose period of uniformed service was 91 days or more, the requirement is the same, however, a position of like seniority, status and pay may be offered in lieu of the escalator position or the pre-service position. 

Disabled Veteran

An employee who has a disability incurred in, or aggravated during military service, and who (after reasonable efforts by the department to accommodate the disability) is not qualified due to the disability to be employed in the escalator position the employee would have attained but for the uniformed service must promptly be reemployed in any other position that is equivalent in seniority, status and pay to the escalator position.  If the employee is not qualified for an equivalent position due to the disability, the employee must promptly be reemployed in the nearest approximation to such a position in terms of seniority, status and pay, consistent with the circumstances of the person’s case.

Dismissal

Employees returning from military leave may not be dismissed, except for cause, within these time limits:

• Within the first year of reemployment, if the period of service was more than 180 days, or

• Within the first 6 months of reemployment, if the period of service was between 30 and 180 days.

Benefits

Health and Life Insurance

An employee and the employee’s dependents are eligible to continue participation in the health plan while the employee is on military leave by paying the employee’s monthly contribution.  The maximum period of coverage shall be the lesser of:

• The 24-month period beginning the date the employee’s leave of absence begins; or

• The day after the date on which the person fails to return to (or apply for) a position of employment as described in the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994.

If the employee cancels health coverage while on leave, upon reemployment, the employee must notify Human Resources within 31 days of returning to work of the employee’s intent to re-enroll.

The University will continue to provide Life Insurance coverage during the military leave until such time as any legal obligation to restore the employee to employment expires.  The employee and dependents may continue enrollment in the University’s other insurance programs by paying the monthly premium(s).

Disability Insurance

Eligibility for participation in long-Term disability coverage terminates at the beginning of the unpaid leave.

Retirement Plan

An employee’s service in the military must be counted in determining vested interest and accrued benefits in the retirement plan only to the extent required to do so under the law. (USERRA Regulations, 20 CFR & 1002.259, 260, 261, 262)


FMLA Leave

The FMLA allows 12 weeks of qualifying exigency leave.  The FMLA also allows up to 26 weeks of unpaid leave during any single 12-month period for an employee to care for a covered family member who is a military service member recovering from injury or illness. (Refer to the Family and Medical Leave Policy)

RELATED POLICIES

Family and Medical Leave Policy

3.4.7        Personal Leave Days (Staff) Policy

PURPOSE

The purpose of this policy is to define the University’s policy for administering personal leave days to eligible regular, full-time staff.

POLICY

Regular full-time staff are eligible for three (3) paid personal leave days. Regular full-time staff who work a modified schedule will have their three (3) paid personal leave days pro-rated based on their FTE. The three (3) personal leave days with pay are allowed per year (July 1st – June 30th).  Personal leave days are not cumulative and are not paid upon termination.  Introductory full-time staff are not entitled to paid leave, but may request leave without pay.  See the Introductory Period (Staff) Policy.

For regular full-time staff in their introductory period, personal leave days will be pro-rated in their first year.

If your hire date is between July 1 and September 30 you will receive 3 personal leave days

If your hire date is between October 1 and December 31 you will receive 2 personal leave days

If your hire date is between January 1 and March 31  you will receive 1 personal leave day

If your hire date is between April 1 and June 30 you will not receive personal leave days for that benefit year

On July 1 of the benefit year following your date of hire and all benefit years following, you will receive three (3) personal days for use during the benefit year

Personal leave days cannot be added to vacation time and are not intended for use consecutively

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

Permission to use a personal leave day should be sought from the supervisor in advance.  The supervisor’s approval is required.

RELATED POLICIES

Introductory Period (Staff) Policy

Part-time Paid Days Policy

Personal Leave of Absence Policy

Sick Leave Policy

3.4.8        Personal Leave of Absence (Staff) Policy

PURPOSE

The purpose of this policy is to set forth University policy and guidelines relating to unpaid personal leaves of absences.

POLICY

Under certain conditions, it is the policy of Canisius University to provide an unpaid leave of absence for adequate reasons related to personal needs of a regular, full-time staff employee of the University in accordance with the policy guidelines set forth in the Procedures/Guidelines section of this policy.

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

The University may grant a personal leave of absence without pay for adequate reasons related to personal needs of a full-time staff member (“staff member” or “employee”).  The staff member must have been employed by the University for more than one year and the leave will be granted for such purposes as education, community service, or urgent personal matters.

The staff member’s request for a personal leave of absence must be made in writing via the approved form and submitted to the staff member’s supervisor and then Human Resources.  The reason for leave will be reviewed by the supervisor and Human Resources.  If the request is approved by the supervisor and Human Resources, the leave may be up to a maximum duration of three consecutive months.  During that time, the employee’s job will be held open.  In unusual circumstances, Human Resources may grant an extension, but not to exceed up to another three consecutive months.