10.  LEAVES

Persons appointed to student, unclassified positions do not accrue any of the leaves delineated below.

a.  Sabbatical Leave

i.  Sabbatical leaves shall be approved by the chief executive officer of each institution in accordance with Board policy.

ii.  Sabbatical Leave may be granted subject to the following conditions:

(1)  In strictly meritorious cases, a full time faculty member on regular appointment at any of the state universities who has served continuously for a period of six years or longer at one or more of these institutions, may, at the convenience of the institution and upon the approval of the chief executive officer of the institution with which connected, be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience; such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:

(a)  for nine months faculty members, up to half pay for an academic year, or up to full pay for one semester.

(b)  for twelve months faculty members, up to half pay for eleven months, or up to full pay for five months.

(2)  Regular salary is defined as the salary being paid at the time the sabbatical leave begins. Outside grant funds received by the university in support of the individual's scholarly efforts during his or her sabbatical leave may be used for supplemental salary, but total sabbatical leave salary in these instances may not exceed the individual’s regular salary.

(3)  The number of faculty members to whom leave of absence with sabbatical pay is granted in any fiscal year shall not exceed four percent of the number of equivalent full time faculty with rank of assistant professor or higher, or equivalent rank for the institution concerned for the fiscal year for which the leave of absence is granted.

(4)  No faculty member shall be granted leave of absence with sabbatical pay who does not agree to return to the service of the university granting the sabbatical leave for a period of at least one year immediately following the expiration of the period of leave.  Persons failing to return to the institution granting sabbatical leave shall refund all sabbatical pay.  Those who fail to remain for the full year of school service (9 to 12 months depending on annual term of employment) shall refund that portion of their sabbatical pay as represented by the portion of time they fail to serve.

b.  Leave Without Pay

i.  A leave without pay for up to three years may be granted by the chief executive officer of the employing institution when such is judged by the chief executive officer to be in the best interest of the institution.  No leave may be granted to any employee who has accepted a permanent position with another postsecondary education institution.

ii.  Any extension of a leave without pay beyond three years requires the approval of the Board.  The chief executive officer of the employing institution shall provide documentation of extraordinary circumstances justifying the extension of such leave beyond three years.

iii.  Leaves without pay shall not be regarded as a break in service; however, such leave shall not count toward the earning of sabbatical leave nor shall other than a scholarly leave count toward the tenure probationary period.  Scholarly leave shall count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.

iv.  During a leave of absence without pay, an employee's eligibility for health insurance shall be determined by and be in accord with the policies, rules and regulations of the State Employees Health Insurance Commission.

c.  Leave With Pay

In order to fulfill jury duty, National Guard duty, or other appropriate civic obligations, employees may be granted leave with pay pursuant to institutional policy.

d.  Sick Leave of Unclassified Employees

i.  Unclassified employees shall accumulate sick leave at the rate of 3.7 hours per biweekly pay period with no limit on the number of hours which can be accumulated.  Sick leave for unclassified employees on less than full time appointments shall be reduced proportionately.  Sick leave accumulations for persons on sabbatical leave shall be proportionate to the pay status during that leave.  No sick leave shall be awarded for periods when unclassified employees are on leave without pay.

ii.  Sick leave with pay may be granted only for the necessary absence from duty because of the personal illness, disability or legal quarantine of the employee; or the personal illness or disability of a member of the employee's family or other qualified adult when the illness or disability reasonably requires the employee to be absent from work.  "Personal illness or disability" shall be defined to include pregnancy, termination of pregnancy, adoption, childbirth and the recovery there from.  "Employee's family" shall include persons related to the employee by blood, marriage or adoption and minors residing in the employee's residence as members of the employee’s household.  “Other qualified adult” means an individual with a committed personal relationship with an unclassified employee and who lives in such unclassified employee’s household.

iii.  If upon retirement, or upon termination of employment when retirement eligible, an unclassified employee has accrued 800 or more hours of sick leave, the employee shall be compensated for accumulated sick leave in accordance with the provisions of K.S.A. 75 5517 as amended.

iv.  If a separated unclassified employee returns within a year to an eligible position, the sick leave balance that the employee had upon termination is reinstated.  Such reinstatement does not apply to an unclassified employee who retires and returns to the Board of Regents service after retirement.

v.  Each state university shall adopt appropriate procedures for administering this policy.

e.  Sick Leave for Classified Employees and University Support Staff

Accrual, accumulation, granting, use of, and compensation for sick leave for classified employees and University Support Staff in a regular position shall be in accordance with K.S.A. 75-5517 and K.A.R. 1-9-5.

f.  Holiday Observations

i.  State universities shall observe the holidays listed below for all unclassified, including University Support Staff, and classified employees.

 New Year's Day
 Martin Luther King, Jr. Day 
 Memorial Day
 Independence Day
 Labor Day
 Veterans’ Day
 Thanksgiving Day
 Christmas Day

ii.  Unclassified, including University Support Staff, and classified employees shall be entitled to such other special holidays as may be declared by the Governor.  Classified employees and unclassified non-exempt employees, including University Support Staff, required to work on such holidays shall be afforded compensatory time or compensation at the rate of one and one-half time for each hour worked.  Unclassified exempt staff who accrue annual leave and who are required to work on any listed or special holiday shall be afforded equivalent time off at a later date.

iii.  When authorized by the Governor for state employees generally, unclassified, including University Support Staff, and classified employees within the state university system who accrue annual leave shall be entitled to one additional holiday per year to be taken at their discretion, subject to the advance approval of the individual's administrative supervisor.

g.  Annual Leave for Unclassified Employees

i.  Persons appointed to unclassified faculty positions of less than 12 months do not accumulate or earn annual leave.  Their academic duties are closely related to the presence of students on campus.  Student recesses offer persons appointed to positions that do not earn annual leave an opportunity to engage in research and perform other necessary professional duties.  In consideration of the professional nature of a faculty position, faculty members are expected to fulfill appropriate, professional and departmental responsibility throughout the academic year, including student recesses, exclusive of legal holidays.  The academic year begins with student registration or similar duties in the Fall and continues for nine months through commencement and grade submission in the Spring.  Specific periods of employment are to be governed by the annual notice of appointment issued by each institution. 

ii.  Persons appointed to full-time 12 month unclassified positions or to full-time, less than 12-month unclassified non-instructional positions shall earn paid annual leave not to exceed 176 hours per fiscal year.  Persons appointed to less than full-time 12-month unclassified positions and persons appointed to less than full-time, less than 12-month unclassified non-instructional positions shall earn annual leave on a pro-rated basis.

iii.  Persons appointed to unclassified positions that are eligible to earn annual leave may accumulate a maximum of 304 hours of annual leave; provided, however, that an employee may receive, upon termination from employment or upon moving from a position earning annual leave to a faculty position for less than twelve months, payment for no more than 176 hours of annual leave, and, at retirement or at termination of employment when retirement eligible, an employee may receive payment for up to 240 hours of annual leave.

h.  Annual Leave for Classified Employees

i.  In accordance with K.S.A. 76-715b, and amendments thereto, classified employees of the state universities, in regular positions, shall earn and accumulate annual leave in accordance with this policy.  Except to the extent specifically set forth in this section C.10.h., all provisions in the Kansas statutes and Department of Administration’s rules and regulations shall continue to apply to university classified employees.  Nonexempt classified employees and exempt classified employees who report any hours in pay status per pay period shall earn paid annual leave not to exceed 176 hours per fiscal year.  Nonexempt classified employees who report less than 80 hours in pay status per pay period shall earn annual leave on a pro-rated basis.

(a)  Each nonexempt classified employee in a regular position shall accrue annual leave in accordance with the following table.
 


(b)  Each exempt classified employee in a regular position shall accrue annual leave in accordance with the following table.
 

 

ii.  Classified employees who are eligible to earn annual leave may accumulate a maximum of 304 hours of annual leave; provided, however, that an employee may receive, upon termination from employment or upon moving from a position earning annual leave to a faculty position for less than twelve months, payment for no more than 176 hours of annual leave, and, at retirement or at termination of employment when retirement eligible, an employee may receive payment for up to 240 hours of annual leave.  Excess accrued annual leave may not be converted to sick leave.

i.  Bereavement Leave for Unclassified Employees

Unclassified employees may be granted leave with pay upon the death of a close relative or other qualified adult (as defined above) or that person’s close relative.  Such leave shall in no case exceed six working days.  The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant bereavement leave, and, if so, the amount of leave to be granted.

j.  Shared Leave for Unclassified Employees

i.  All unclassified employees who accumulate sick leave shall be eligible for participation in the shared leave program of the State of Kansas.

ii.  All unclassified employees who participate in the shared leave program may donate sick leave as long as the donation does not cause the accumulated sick leave balance of the donating employee to be less than 480 hours, unless the employee donates sick leave at the time of separation from service.

iii.  Each state university shall adopt appropriate procedures for administering this policy.

k.  Family Medical Leave

i.  For purposes of administering the Family Medical Leave Act each state university shall:

(1)  designate qualifying leave as Family Medical Leave whether or not the employee requests such a designation;

(2)  consider the twelve-month period, within which an eligible employee who experiences a Family Medical Leave Act qualifying condition or circumstance, to begin concurrently with the first day of Family Medical Leave and any subsequent twelve-month period would begin the first time an eligible employee again experienced a Family Medical Leave Act qualifying condition or circumstance after the expiration of the first twelve-month period; and

(3)  require employees whose leave is designated Family Medical Leave to substitute accrued paid leave for unpaid Family Medical Leave in accordance with the federal Family Medical Leave Act.

ii.  Any state university may adopt a policy allowing a member of the faculty holding a tenure earning appointment who has taken Family Medical Leave to request an additional year in which to work toward tenure.

iii.  Subject to the above, each state university shall adopt policy and procedures to provide leave to its employees pursuant to the Family Medical Leave Act.