ARTICLE 17
LEAVES
17.1 Requests
for A Leave or Extension of Leave of One (1) Semester or More.
(a) For a
leave of one (1) semester or more, an employee shall make a written request not
less than 120 days prior to the beginning of the proposed leave, if
practicable.
(b) For an
extension of a leave of one (1) semester or more, an employee shall make a
written request not less than sixty (60) days before the end of the leave, if
practicable.
(c) The
university shall approve or deny such request in writing not later than thirty
(30) days after receipt of the request.
(d) An
absence without approved leave or extension of leave shall subject the employee
to the provisions of Section 16.7.
(e) An
employee's request for use of leave for an event covered by the provisions of
the Family and Medical Leave Act (FMLA) of 1993 (Public Law 103-3) shall be
submitted and responded to in accordance with the provisions of Section 17.6.
17.2 Return from
Leave. An employee who returns from an
approved leave of absence with or without pay shall be returned to the same
classification, unless the university and the employee agree in writing to
other terms and conditions. The return
from FMLA leave shall be in accordance with Section 17.6.
17.3 Accrual
During Leave with Pay. An employee
shall accrue normal leave credits while on compensated leave in full-pay
status, or while participating in the sabbatical or professional development
programs. If an employee is on
compensated leave in less than full-pay status for other than sabbaticals or
professional development programs, the employee shall accrue leave in
proportion to the pay status.
17.4 Tenure/Permanent
Status Credit During Periods of Leave. Semester(s) during which an employee is on compensated or
uncompensated leave shall not be creditable for the purpose of determining
eligibility for tenure or permanent status, except by mutual agreement of the
employee and the university. In
deciding whether to credit such leave toward tenure eligibility or permanent
status, the President or representative shall consider the duration of the
leave, the relevance of the employee's activities while on such leave to the
employee's professional development and to the employee's field of employment,
the benefits, if any, which accrue to the university by virtue of placing the
employee on such leave, and other appropriate factors.
17.5 Holidays.
(a) An
employee shall be entitled to observe all official holidays designated in
accordance with Section 110.117, Florida Statutes. No classes shall be scheduled on holidays. Classes not held because of a holiday shall
not be rescheduled.
(b) Supervisors
are encouraged not to require an employee to perform duties on holidays;
however, an employee required to perform duties on holidays shall have the
employee's schedule adjusted to provide equivalent time off, up to a maximum of
eight (8) hours for each holiday worked.
(c) If an
employee who has performed duties on a holiday terminates employment prior to
being given time off, the employee shall be paid, upon termination, for the
holiday hours worked within the previous twelve (12) month period.
17.6 Family
and Medical Leave Act (FMLA) Entitlements.
(a) The
Family and Medical Leave Act of 1993 (AFMLA@) is the common name for the
Federal law providing eligible employees an entitlement of up to four hundred
and eighty (480) hours of leave without pay for qualified family or medical
reasons during a one-year period. This
Act entitles the employee to take leave without pay; where University policies
permit, employees may use accrued leave with pay during any qualifying family
or medical leave. The failure to list,
define, or specify any particular provision or portion of the FMLA in this
Agreement shall in no way constitute a waiver of any of the rights or benefits
conferred to the employer or the employee through the FMLA.
(b) Implementation
of FMLA Leave Entitlements in the SUS.
(1) In the
SUS an employee, whether salaried or paid from Other Personal Services (OPS),
is entitled to four hundred and eighty (480) hours of FMLA leave within a
twelve (12) month period for any qualifying family or medical leave.
(2) Pursuant
to Fla. Admin. Code R 6C-5.920(13), a salaried employee is entitled to a
parental leave for up to six (6) months in accordance with the provisions of
Section 17.7, for a birth or adoption of the employee’s child. If an eligible employee elects to take Parental
Leave, up to four hundred and eighty (480) hours of such leave may be counted
against that employee’s FMLA entitlement.
(c) Accounting
for the Use of FMLA Leave in a Twelve-Month Period.
(1) In the
SUS, the fiscal year (July 1 - June 30) shall be the designated twelve
(12)-month period in which to count the use of up to four hundred and eighty
(480) hours of FMLA leave.
(2) An
eligible employee’s entitlement to leave for a birth or placement for
adoption or foster care expires at the end of a twelve (12) month period
beginning on the date of the birth or placement of the child.
(d) Use and
Approval of FMLA Leave.
(1) The
university shall approve FMLA leave for an eligible employee as long as the
reasons for absence qualify under the FMLA and the employee has not exhausted
the employee's four hundred and eighty (480) hours within the appropriate
12-month period for such leave. The
employee may request FMLA leave as accrued leave, leave without pay, or a
combination of both.
(2) The
university may require that the employee use accrued leave with pay prior to
requesting leave without pay for four hundred and eighty (480) hours (12
workweeks) of FMLA leave. Requiring the
use of paid leave shall be applied consistently and may not be used merely
to exhaust the employee's leave balance in order to
prohibit the use of paid leave while on leave without pay as provided for in
Section 17.12(e).
(3) After
the President or representative has acquired knowledge that the leave is being
taken for an FMLA required reason, the President or representative shall within
two business days, absent extenuating circumstances, notify the employee of the
period of FMLA leave to be granted, including the date of return to
employment.
(4) If the
notice is oral, it shall be confirmed in writing no later than the following
payday (unless the payday is less than one week after the oral notice, in which
case the notice must be no later than the subsequent payday).
(e) Medical
Certification.
(1) The
university may require an employee to provide medical certification from a
health care provider for FMLA leave without pay when taken for the serious
health condition of the employee or the employee's family member.
(2) Medical
certification may be required to affirm the employee's ability to return to
work and perform one or more of the essential functions of the job within the
meaning of the Americans with Disabilities Act (ADA), after being absent on
FMLA leave.
(f) Return
to Position. Upon return from FMLA leave,
the employee shall be returned to the same or equivalent position in the same
class and work location, including the same shift or equivalent schedule,
unless the university and the employee agree in writing to other conditions and
terms under which such leave is to be granted.
(g) Continuation
of Benefits. The use of FMLA leave by
eligible employees shall neither enhance nor decrease any rights or benefits
normally accrued to salaried employees during a leave with pay or any rights or
benefits normally accrued during a leave without pay.
(h) If any
provision of Section 17.6 (FMLA) is inconsistent with or in contravention of
the Family Medical Leave Act of 1993, Public Law 103-3, or the Family and
Medical Leave Act Regulations, 29 CFR Part 825, or any subsequently enacted
legislation, then such provision shall be superseded by the laws or regulations
referenced above, except to the extent that the collective bargaining agreement
or any employee benefit program or plan provides greater family or medical
leave rights to an eligible employee.
17.7
Parental Leave.
(a) An
employee shall be granted a parental leave not to exceed six (6) months when
the employee becomes a biological parent or a child is placed in the employee's
home pending adoption; foster care is not covered under parental leave but is
provided through the FMLA provisions in accordance with Section 17.6.
(b) If an
employee plans to use a combination of accrued leave and leave without pay,
such request shall include the specific periods for each type of leave
requested. Use of accrued leave during
an approved period of leave without pay shall be in accordance with Sections
17.12.
(c) The
period of parental leave shall begin no more than two (2) weeks before the
expected date of the child's arrival.
(1) The
President or representative shall acknowledge to the employee in writing the
period of leave to be granted, that such leave counts against the employee's
unused FMLA entitlements in accordance with Section 17.6 of this Agreement, and
the date of return to employment.
(2) At the
end of the approved parental leave and at the employee's request, the President
or representative shall grant part-time leave without pay for a period not to
exceed one (1) year, unless the President or representative determines that
granting such leave would be inconsistent with the best interests of the
university.
(3) Any
illness caused or contributed to by pregnancy shall be treated as a temporary
disability and the employee shall be allowed to use accrued sick leave credits
when such temporary disability is certified by a health care provider.
(d) Upon
agreement between the employee and the university, intermittent FMLA leave or a
reduced work schedule may be approved for the birth of the employee's child or
placement of a child with the employee for adoption in accordance with Section
17.6.
17.8 Leaves
Due to Illness/Injury.
Illness/Injury is defined as any physical or mental impairment
of health, including such an impairment proximately resulting from pregnancy,
which does not allow an employee to fully and properly perform the duties of
the employee's position. When an
employee’s illness/injury may be covered by the Americans with Disabilities
Act, the provisions of Public Law 101-336 shall apply.
(a) Sick
Leave.
(1) Accrual
of Sick Leave.
a. A
full-time employee shall accrue four (4) hours of sick leave for each biweekly
pay period, or the number of hours that are directly proportionate to the
number of days worked during less than a full-pay period, without limitation as
to the total number of hours that may be accrued.
b. A
part-time employee shall accrue sick leave at a rate directly proportionate to
the percent of time employed.
c. An
employee appointed under Other Personal Services (OPS) shall not accrue sick
leave.
(2) Uses of
Sick Leave.
a. Sick
leave shall be accrued before being taken, provided that an employee who
participates in a sick leave pool shall not be prohibited from using sick leave
otherwise available to the employee through the sick leave pool.
b. Sick
leave shall be authorized for the following:
1. The
employee's personal illness or exposure to a contagious disease which would
endanger others.
2. The
employee's personal appointments with a health care provider.
3. The
illness or injury of a member of the employee's immediate family, at the
discretion of the supervisor. Approval
of requests for use of reasonable amounts of sick leave for caring for a member
of the employee's immediate family shall not be unreasonably withheld. "Immediate family" means the
spouse and the grandparents, parents, brothers, sisters, children, and
grandchildren of both the employee and the spouse, and dependents living in the
household.
4. The
death of a member of the employee's immediate family, at the discretion of the
supervisor. Approval of requests for
use of reasonable amounts of sick leave for the death of a member of the
employee's immediate family shall not be unreasonably withheld.
c. A
continuous period of sick leave commences with the first day of absence and
includes all subsequent days until the employee returns to work. For this purpose, Saturdays, Sundays, and
official holidays observed by the State shall not be counted unless the
employee is scheduled to perform services on such days. During any seven (7) day period, the maximum
number of days of sick leave charged against any employee shall be five (5).
d. An
employee who requires the use of sick leave should notify the supervisor as
soon as practicable.
e. An
employee who becomes eligible for the use of sick leave while on approved
annual leave shall, upon notifying the supervisor, substitute the use of
accrued sick leave to cover such circumstances.
(3) Certification. If an employee's request for absence or
absence exceeds four (4) consecutive days, or if a pattern of absence is
documented, the university may require an employee to furnish certification
issued by an attending health care provider of the medical reasons
necessitating the absence and/or the employee’s ability to return to work. If the medical certification furnished by
the employee is not acceptable, the employee may be required to submit to a
medical examination by a health care provider who is not a university staff
member which shall be paid for by the university. If the medical certification indicates that the employee is
unable to perform assigned duties, the President or representative may place
the employee on compulsory leave under the conditions set forth in Section
17.8(c).
(4) Transfer
of Credits.
1.
When
an employee moves from one (1) State University
System university to another or upon re-employment
within 100 days, the full balance of accrued sick leave shall accompany the
employee unless the employee has received a lump sum payment for accrued sick
leave. If an employee has received such
a lump sum payment, the employee may elect in writing, upon re-employment, to
restore the employee's accrued sick leave.
Such restoration will be effective upon repayment of the full lump sum
leave payment.
2.
When
an employee moves from a position in State
government outside the SUS to a leave-accruing
position within the SUS, all unused sick leave accrued in the State classification
and pay plan in which previously employed and for which payment has not been
received may accompany the employee; however, no more than thirty-one (31) days
may elapse between jobs.
3.
When
an employee moves to a position in State government,
the transfer of unused sick leave shall be governed
by the rules of the plan to which the employee is transferring.
4.
The
transfer of unused sick leave from a local government to
an SUS position is not permitted unless a reciprocal
agreement in writing between the Board or its representative and the previous
employing entity is in effect.
(5) Payment
for Unused Sick Leave.
a. An
employee with less than ten (10) years of State service who separates from
State government shall not be paid for any unused sick leave.
b. An
employee who has completed ten (10) or more years of State service, has not
been found guilty or has not admitted to being guilty of committing, aiding, or
abetting any embezzlement, theft, or bribery in connection with State
government, or has not been found guilty by a court of competent jurisdiction
of having violated any State law against or prohibiting strikes by public
employees, and separates from State government because of retirement for other
than disability reasons, termination, or death, shall be compensated at the
employee's current regular hourly rate of pay for one-eighth of all unused sick
leave accrued prior to October 1, 1973, plus one-fourth of all unused sick
leave accrued on or after October 1, 1973; provided that one-fourth of the
unused sick leave since 1973 does not exceed 480 hours.
c. Upon
layoff, an employee with ten (10) or more years of State service shall be paid
for unused sick leave as described in paragraph b., above, unless the employee
requests in writing that unused sick leave be retained pending
re-employment. For an employee who is
re-employed by the university within twelve (12) calendar months following
layoff, all unused sick leave shall be restored to the employee, provided the
employee requests such action in writing and repays the full amount of any lump
sum leave payments received at the time of layoff. An employee who is not re-employed within twelve (12) calendar
months following layoff shall be paid for sick leave in accordance with Section
110.122, Florida Statutes.
d.
All
payments for unused sick leave authorized by Section
110.122, Florida Statutes, shall be made in lump sum
and shall not be used in determining the average final compensation of an
employee in any State administered retirement system. An employee shall not be carried on the payroll beyond the last
official day of employment, except that an employee who is unable to perform
duties because of a disability may be continued on the payroll until all sick
leave is exhausted.
e. If an
employee has received a lump sum payment for accrued sick leave, the employee
may elect in writing, upon re-employment within 100 days, to restore the
employee's accrued sick leave.
Restoration will be effective upon the repayment of the full lump sum
leave payment.
f.
In
the event of the death of an employee, payment for unused
sick leave at the time of death shall be made to the
employee's beneficiary, estate, or as provided by law.
(b) Job-Related
Illness/injury.
(1) An
employee who sustains a job-related illness/injury that is compensable under
the Workers' Compensation Law shall be carried in full-pay status for a period
of medically certified illness/injury not to exceed seven (7) days immediately
following the illness/injury, or for a maximum of forty (40) work hours if
taken intermittently without being required to use accrued sick or annual
leave.
(2) If, as
a result of the job-related illness/injury, the employee is unable to resume work
at the end of the period provided in paragraph (1), above:
a. The
employee may elect to use accrued leave in an amount necessary to receive
salary payment that will increase the Workers' Compensation payments to the
total salary being received prior to the occurrence of the illness/injury. In no case shall the employee's salary and
Workers' Compensation benefits exceed the amount of the employee's regular
salary payments; or
b. The
employee shall be placed on leave without pay and shall receive normal Workers'
Compensation benefits if the employee has exhausted all accrued leave in
accordance with paragraph (a.), above, or the employee elects not to use
accrued leave.
(3) This
period of leave with or without pay shall be in accordance with Chapter 440
(Worker's Compensation), Florida Statutes.
(4) If, at
the end of the leave period, the employee is unable to return to work and
perform assigned duties, the President or representative should advise the
employee, as appropriate, of the Florida Retirement System's disability
provisions and application process, and may, based upon a current medical
certification by a health care provider prescribed in accordance with Chapter
440 (Worker's Compensation), Florida Statutes, and taking the university's
needs into account:
a. offer
the employee part-time employment;
b. place
the employee in leave without pay status or extend such status;
c. request
the employee's resignation; or
d. release
the employee from employment, notwithstanding any other provisions of this
Agreement.
(c) Compulsory
Leave.
(1) Placing
Employee on Compulsory Leave.
a. If an
employee is unable to perform assigned duties due to illness/injury the
President or representative may require the employee to submit to a medical
examination, the results of which shall be released to the university, by a
health care provider chosen and paid by the university, or by a health care
provider chosen and paid by the employee, who is acceptable to the President or
representative. Such health care
provider shall submit the appropriate medical certification(s) to the
university.
b. If the
university agrees to accept the employee's choice of a health care provider the
university may not then require another university-paid examination.
c. If the
medical examination confirms that the employee is unable to perform assigned duties, the President or
representative shall place the employee on compulsory leave.
(2) Conditions
of Compulsory Leave.
a. Written
notification to the employee placing the employee on compulsory leave shall
include the duration of the compulsory leave period and the conditions under
which the employee may return to work.
These conditions may include the requirement of the successful completion
of, or participation in, a program of rehabilitation or treatment, and
follow-up medical certification(s) by the health care provider, as appropriate.
b. The
compulsory leave period may be leave with pay or leave without pay. If the compulsory leave combines the use of
accrued leave with leave without pay, the use of such leave shall be in
accordance with Section 17.12.
c. If the
employee fulfills the terms and conditions of the compulsory leave and receives
a current medical certification that the employee is able to perform assigned
duties, the President or representative shall return the employee to the
employee's previous duties, if possible, or to equivalent duties.
(3) Duration. Compulsory leave, with or without pay, shall
be for a period not to exceed the duration of the illness/injury or one year,
whichever is less.
(4) Failure
to Complete Conditions of Compulsory Leave or Inability to Return to Work. If the employee fails to fulfill the terms
and conditions of a compulsory leave and/or is unable to return to work and
perform assigned duties at the end of a leave period, the President or
representative should advise the employee, as appropriate, of the Florida
Retirement System's disability provisions and application process, and may,
based upon the University's needs:
a. offer
the employee part-time employment;
b. place
the employee in leave without pay status in accordance with Section 17.12 or
extend such status;
c. request
the employee's resignation; or
d. release
the employee from employment, notwithstanding any other provisions of this
Agreement.
17.9 Annual
Leave
(a) Accrual of Annual Leave.
(1) Full-time
employees appointed for more than nine (9) months, except employees on academic
year appointments and Developmental Research School employees, shall accrue
annual leave at the rate of 6.769 hours biweekly or 14.667 hours per month (or
a number of hours that is directly proportionate to the number of days worked
during less than a full-pay period for full-time employees), and the hours
accrued shall be credited at the conclusion of each pay period or, upon
termination, at the effective date of termination. Employees may accrue annual leave in excess of the year end
maximum during a calendar year.
Employees with accrued annual leave in excess of the year end maximum as
of December 31, shall have any excess converted to post October 1, 1973 sick
leave on an hour-for-hour basis on January 1 of each year.
(2) Part-time
employees appointed for more than nine (9) months, except employees on academic
year appointments and Developmental Research School employees, shall accrue
annual leave at a rate directly proportionate to the percent of time employed.
(3) Academic
year employees, Developmental Research School employees, employees appointed
for less than nine (9) months, and OPS employees shall not accrue annual leave.
(b) Use and
Transfer of Annual Leave.
(1) Annual
leave shall be accrued before being taken, except in those instances where the
President or representative may authorize the advancing of annual leave. When leave has been advanced and employment
is terminated prior to the employee accruing sufficient annual leave to credit
against the leave that was advanced, the State shall deduct from the employee's
warrant the cost of any annual leave advanced under this provision. All requests for annual leave shall be
submitted by the employee to the supervisor as far in advance as possible and
appropriate. Approval of the dates on
which an employee wishes to take annual leave shall be at the discretion of the
supervisor and shall be subject to the consideration of departmental/unit and
organizational scheduling.
(2) Upon
transfer of an annual leave accruing employee from one institution to another
within the State University System or upon re-employment within 100 days,
except for re-employment after layoff (see (c)(3), below), the employee may
choose to:
1.
transfer
up to forty-four (44) days of unused annual leave; or
2.
receive
a lump sum payment for all or a portion of unused
annual leave, up to thirty-one (31) days, and
transfer any remaining balance. Such
leave payment shall not constitute a break-in-service.
(3) An employee
may transfer into an annual leave accruing position up to forty-four (44) days
of unused leave accrued in the State classification and pay plan in which
previously employed, provided the employee has not received payment for such
leave and no more than thirty-one (31) days have elapsed between jobs.
(4) When an
annual leave accruing employee moves to a position in State government, the
transfer of leave shall be governed by the rules of the plan to which the
employee is transferring. Should all unused
leave not be transferable, up to forty-four days (352 hours) of the remaining
balance shall be paid in lump sum, effective the last day of SUS employment,
without affecting other leave benefits.
(5) The
transfer of unused annual leave from a local government to an annual leave
accruing position is not permitted unless a reciprocal agreement in writing
between the Board or its representative and the previous employing entity is in
effect.
(c) Payment
for Unused Annual Leave.
(1) Upon
termination from an annual leave accruing contract, or transfer from an annual
leave accruing contract to an academic year or Developmental Research School
contract, and unless the employee requests the option in (2) below, the university
shall pay the employee for up to forty-four days (352 hours) of unused annual
leave at the calendar year rate the employee was accruing as of the employee's
last day of work, provided that a determination has been made by the President
or representative that the employee was unable to reduce the unused annual
leave balance prior to termination or reassignment to an academic year or
Developmental Research School contract.
All unused annual leave in excess of forty-four days (352 hours) shall
be forfeited by the employee.
(2) Upon
transfer from an annual leave accruing contract to an academic year or
Developmental Research School contract within the SUS, the employee may elect
to retain all unused annual leave until such time, not to exceed two (2) years,
as the employee transfers back to an annual leave accruing contract or
terminates employment with the SUS.
Upon such termination or at the end of two (2) years, whichever comes
first, the unused leave balance shall be paid in lump sum for up to forty-four
days (352 hours) at the annual rate the employee was accruing as of the
employee's last day of work on an annual leave accruing contract.
(3) Upon
layoff, an employee shall be paid for up to forty-four days (352 hours) of
unused annual leave in lump sum, unless the employee requests in writing that
annual leave credits be retained pending re-employment. For employees who are re-employed by the
university within twelve (12) calendar months following layoff, all unused
annual leave shall be restored to the employee, provided the employee requests
such action in writing and repays the full amount of any lump sum leave payment
received at the time of layoff.
Employees who are not re-employed within twelve (12) calendar months
following layoff and who elected to retain their annual leave pending
re-employment shall be paid for up to forty-four days (352 hours) of unused
annual leave at the calendar rate the employee was accruing as of the
employee's last day of work.
(4) If an
employee has received a lump sum payment for accrued annual leave, the employee
may elect in writing, upon re-employment within 100 days, to restore the
employee's accrued annual leave.
Restoration will be effective upon the repayment of the full lump sum
leave payment.
(5) In the
event of the death of an employee, payment for all unused annual leave at the
time of death, up to 352 hours, shall be made to the employee's beneficiary,
estate, or as provided by law.
17.10 Administrative
Leaves.
(a) Jury
Duty and Court Appearances.
(1) An employee
who is summoned as a member of a jury panel or subpoenaed as a witness in a
matter not involving the employee's personal interests, shall be granted leave
with pay and any jury or witness fees shall be retained by the employee; leave
granted hereunder shall not affect an employee's annual or sick leave balance.
(2) An
appearance as an expert witness for which an employee receives professional
compensation falls under Article 19 and the universities' policies and rules
relative to outside employment/conflict of interest. Such an appearance may necessitate the employee requesting annual
leave or, if a non-annual leave accruing employee, may necessitate the employee
seeking an adjustment of the work schedule.
(3) If an
employee is required, as a direct result of the employee's employment, to
appear as an official witness to testify in the course of any action as defined
in Section 92.142(2), Florida Statutes, such duty shall be considered a part
of the employee's job assignment, and the employee shall be paid per diem and
travel expenses and shall turn over to the university any fees received.
(4) An
employee involved in personal litigation during work hours must request annual
leave or, if a non-annual leave accruing employee, must seek an adjustment to
the work schedule.
(b) Military
Leave.
(1) Short-term
Military Training. An employee who is a
member of the United States Armed Forces Reserve, including the National Guard,
upon presentation of a copy of the employee's official orders or appropriate
military certification, shall be granted leave with pay during periods in which
the employee is engaged in annual field training or other active or inactive
duty for training exercises. Such leave
with pay shall not exceed seventeen (17) work days in any one (1) federal
fiscal year (October 1 - September 30).
(2) National
Guard State Service. An employee who is
a member of the Florida National Guard shall be granted leave with pay on all
days when ordered to active service by the State. Such leave with pay shall not exceed thirty (30) days at any one
time.
(3) Other
Military Leave.
a.
An
employee, except an employee who is employed in a
temporary position or employed on a temporary basis,
who is drafted, who volunteers for active military service, or who is ordered
to active duty (not active duty training) shall be granted leave in accordance
with Chapter 43 of Title 38, United States Code. Active military service includes active duty with any branch of
the United States Army, Air Force, Navy, Marine Corps, Coast Guard, National
Guard of the State of Florida, or other service as provided in Sections 115.08
and 115.09, Florida Statutes.
b. Such
leave of absence shall be verified by official orders or appropriate military
certification. The first thirty (30)
days of such leave shall be with full-pay and shall not affect an employee's
annual or sick leave balance. The
remainder of military leave shall be without pay unless the employee elects to
use accumulated annual leave or appropriate leave as provided in (4) below, or
the employer exercises its option under Section 115.14, Florida Statutes, to
supplement the employee's military pay.
Leave payment for the first thirty (30) days shall be made only upon
receipt of evidence from appropriate military authority that thirty (30) days
of military service have been completed.
c.
Applicable provisions of Federal and State law shall govern the granting of
military leave and the employee's re-employment rights.
d. Use of
accrued leave is authorized during a military leave without pay in accordance
with Section 17.12.
(c) Leave
Pending Investigation. When the
President or representative has reason to believe that the employee's presence
on the job will adversely affect the operation of the university, the President
or representative may immediately place the employee on leave pending
investigation of the event(s) leading to that belief. The leave pending investigation shall commence immediately upon
the President or representative providing the employee with a written notice of
the reasons therefor. The leave shall
be with pay, with no reduction of accrued leave.
(d) Other
Leaves Provided Not Affecting Accrued Leave Balances. An employee may be granted other leaves not affecting accrued
leave balances which are provided as follows:
(1) Florida
Disaster Volunteer Leave is provided by Section 110.120, Florida Statutes, for
an employee who is a certified disaster service volunteer of the American Red
Cross. Leave of absence with pay for
not more than fifteen (15) working days in the fiscal year may be provided upon
request of the American Red Cross and the employee's supervisor's approval. Leave granted under this act shall be only
for services related to a disaster occurring within the boundaries of the State
of Florida.
(2) Civil
disorder or disaster leave is provided for an employee who is member of a volunteer
fire department, police auxiliary or reserve, civil defense unit, or other law
enforcement type organization to perform duties in time of civil disturbances,
riots, and natural disasters, including an employee who is a member of the
Civil Air Patrol or Coast Guard Auxiliary, and called upon to assist in
emergency search and rescue missions.
Such paid leave not affecting leave balances may be granted upon
approval by the President or designee and shall not exceed two days on any one
occasion.
(3) Athletic
competition leave is provided by Section 110.118, Florida Statutes, for an
employee who is a group leader, coach, official, or athlete who is a member of
the official delegation of the United States team for athletic competition. Such paid leave not affecting leave balances
shall be granted for the purpose of preparing for and engaging in the
competition for the period of the official training camp and competition, not
to exceed 30 days in a calendar year.
(4) Leave
for re-examination or treatment with respect to service-connected disability is
provided by Section 110.119, Florida Statues, for an employee who has such
rating by the United State Department of Veterans Affairs and has been
scheduled to be reexamined or treated for the disability. Upon presentation of written confirmation of
having been so scheduled, such leave not affecting the employee's leave
balances shall be approved and shall not exceed six (6) calendar days in any
calendar year.