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1.06 LEAVES OF ABSENCE WITH PAY

Subd. 1 Annual Leave

1. Accrual. All full-time twelve (12) month administrators shall accrue annual leave with pay at the rates as set forth in Appendix A. For purposes of this section, continuous service shall include all continuous state service. Continuous service is broken by any separation from state employment.

   Administrators who are employed on less than a twelve (12) month, but greater than a six (6) month basis, or who are employed less than full-time (normally 80 hours per payroll period) shall have their annual leave accrual rate prorated according to the portion of time worked.

   When appointment to an administrator position in the Minnesota State Colleges and Universities is the initial entry into state service or a move from a faculty position, full-time administrators shall be credited with ten (10) days of annual leave. Such credit shall be reduced proportionately as annual leave is accumulated. Administrators, who separate from their administrative position and who have used more of the ten (10) days than they would have accrued as provided in Appendix A, shall have their last paycheck reduced by the number of days of annual leave taken in excess of that earned.

   An administrator who moves without a break in employment between positions in the classified and/or unclassified services, whether within the system or between the system and other state agencies, shall have his/her accumulated leave, to a maximum of 34 days, and length of service transferred. This provision shall also apply to administrators/managers who move from positions in the legislative or judicial branches.

2. Limits on Accrual. Annual leave may be accumulated to any amount provided that once during the fiscal year, each administrator's accumulation must be reduced to 34 days. If this is not accomplished prior to the last full payroll period of the fiscal year, the administrator's accumulation shall automatically be reduced to 34 days as of June 30, and the amount of accumulation over 34 days will transfer to the administrator's bank of lapsed sick leave [see Subd. 2(b)] below. Saturdays, Sundays and legal holidays will not be counted as days of leave. In the event that the accumulation cannot be reduced to 34 days due to assigned job requirements, the Chancellor/president may extend the end of the fiscal year deadline for up to a maximum of six (6) months. At the end of the agreed upon time frame (maximum of six [6] months), the accumulation shall be reduced and the excess transferred to lapsed sick leave.
3. Use of Annual Leave
   1. Beyond the ten (10) days credited pursuant to Subd. 1(a) above, new administrators may not take annual leave until they have been employed a sufficient length of time to have earned the number of days taken.
   2. Annual leave may only be taken in one-half (2) day increments.
   3. The Chancellor/president or designees shall approve annual leave. The Chancellor and presidents may determine periods of annual leave for him/herself at times best suited to the nature of the workload.
4. Payment Upon Separation. Upon separation from state service, an administrator shall be paid for his/her accrued but unused balance of annual leave not to exceed 34 days.
5. Reinstatement. At the discretion of the Chancellor/president, an administrator who is eligible to accrue annual leave, who is reappointed to employment within the Minnesota State Colleges and Universities within four (4) years from the date of separation in good standing, may accrue annual leave according to the length of service the administrator had attained at the time of separation. This provision shall also apply to administrators reappointed to an administrator position within the Minnesota State Colleges and Universities following separation in good standing from positions covered by other plans or collective bargaining agreements or from positions in the legislative or judicial branches.

6. Conversion of Accumulated Annual Leave to a MnSCU Approved 403(b) Account. Once in each fiscal year, with the approval of the Chancellor/president and based on the availability of funds, an administrator may convert a portion of his/her accumulated annual leave to his/her MnSCU approved 403(b) account. Each administrator may convert up to one (1) day of annual leave for each three (3) days annual leave used in the 26 pay periods ending with the last full pay period in the previous fiscal year, provided that the administrator may not convert more than five (5) days per fiscal year.

   This provision shall not be used in the pay period which contains the first of July. Contributions to the administrator's 403(b) account made through the conversion of annual leave days are subject to all of the rules and regulations of the respective program and IRS regulations.

Subd. 2 Sick Leave

All sick leave will accrue on a per pay period basis as follows:

1. Accrual
   1. Except as noted in (2) below, 15 days of sick leave shall be credited to all new full-time administrators at the time of their employment to cover possible disability during the first 30 pay periods of employment. Beginning with the 31st pay period of employment, each administrator shall be credited with one-half (2) additional day of sick leave for each succeeding pay period of employment completed. Administrators who separate from their administrative position and who have used more of the 15 days than they would have accrued at the rate of one-half (2) day for each of the first 30 pay periods, shall have their last paycheck reduced by the number of days of sick leave taken in excess of that earned.
   2. Employees accepting an administrator position in the Minnesota State Colleges and Universities under the provisions of Subd. 2 (a)(5) below shall not be credited with days as defined in Subd. 2 (a)(1) above, but shall be credited with any sick leave balance and accrual rates in effect at the time of their appointment in the Minnesota State Colleges and Universities.
   3. Administrators commencing employment on less than a full-time basis shall be given a pro-rata portion of the sick leave credit as described in Subd. 2 (a)(1) above. Beginning with the 31st pay period of employment, each part-time administrator will be credited with one-half (2) day of sick leave pro-rated by the fraction of time employed for each succeeding pay period of employment.
   4. Administrators specifically employed for a limited period of service not to exceed 15 months shall be credited with one-half (2) day of sick leave for each pay period of anticipated service rather than 15 days as described above. The amount of sick leave credited for part-time administrators so employed shall be pro-rated by the fraction of time employed.
   5. An administrator who moves without a break in employment between positions in the classified and/or unclassified services, whether within a system or between agencies, shall have his/her accumulated leave transferred. This provision shall also apply to employees who move to administrative positions from administrative or non-administrative positions covered by other plans or collective bargaining agreements or from positions in the legislative or judicial branches.
2. Limits on Accrual. Sick leave may be accrued up to a maximum of 125 days. Sick leave earned in excess of this amount will be considered lapsed but shall be recorded. Any administrator who has such lapsed sick leave recorded to his or her credit may, upon approval of the Chancellor/president, have the lapsed sick leave restored in the event of an extended illness. Such administrator shall supply medical information as may be required.
3. Use of Sick Leave. Sick leave may only be taken in one-half (1/2) day increments. It shall be approved, when appropriate, by the Chancellor/president or his/her designee. Such sick leave shall be granted for absences made necessary by reason of illness, or disability, including temporary disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom; by exposure to contagious disease which may endanger the individual or the public health; or by illness in the immediate family making it necessary that the administrator be absent from his or her duties. In the case of absence for illness of members of the immediate family, the term "immediate family" shall be defined to include the spouse, brothers, sisters living in the administrator's household, or children, wards, parent or parents of the spouse. The Chancellor/president may extend these provisions to include other residents of the household. Leave taken under the Family Medical Leave Act shall be charged to sick leave as appropriate.
4. Reinstatement. An administrator who is eligible to accrue sick leave, who is reappointed to a position within the Minnesota State Colleges and Universities within four (4) years from the date of separation in good standing, shall have his or her sick leave balance and bank, if any, restored. However, any administrator being reappointed after receiving severance pay shall have his or her leave restored proportionately by deducting the days or fractions of days which were paid as severance. This provision shall also apply to administrators who are reappointed to an unclassified position in the Minnesota State Colleges and Universities following separation in good standing from positions covered by other plans or collective bargaining agreements or from positions in the legislative or judicial branches, unless the previous accrual rates and maximum accumulations were greater than those provided in this Personnel Plan, in which case leave balances and banks shall be restored in amounts equal to what they would have accumulated under this regulation.

Subd. 3 Bereavement Leave

The use of a reasonable period of bereavement leave (not deducted from sick leave), up to five (5) days per occurrence, shall be granted in case of a death in the administrator's immediate family. The term "immediate family" shall include the spouse, parents, parents of the spouse, children, grandchildren, brothers, sisters, grandparents, or wards of the administrator. The use of sick leave for bereavement purposes shall be granted in case of the following relatives of the spouse: children, grandchildren, brothers, sisters, grandparents or wards.

Bereavement leave in all other cases may be granted, but shall be deducted from the administrator's annual leave.

Subd. 4 Military Leave of Absence

An administrator of the Minnesota State Colleges and Universities who is a member of the state or federal armed services is entitled to leave of absence with pay as defined in Minnesota Statute 192.26.

Subd. 5 Court-Related Leaves of Absence

An administrator in the Minnesota State Colleges and Universities shall be granted a leave of absence with pay for:

1. appearance before a court, legislative committee, or other judicial or quasi-judicial body in response to a subpoena or other direction by proper authority for purposes related to the administrator's Minnesota State Colleges and Universities position.
2. attendance in court in connection with an administrator's official duty, such attendance including the time required in going to the court and returning to the administrator's place of work.

Subd. 6 Jury Duty Leave

Jury duty leave for time to serve on a jury, provided that when not impaneled for actual service but only on call for service, the administrator shall report to work.

Subd. 7 Voting Time Leave

Voting time leave, in accordance with Minnesota Statute 204C.04 for administrators eligible to vote in any statewide general election or any election to fill a vacancy in the United States Congress, provided that the leave is for a period of time long enough to vote during the morning of the election day.

Subd. 8 Emergency Leave

Emergency leave, in the event of a natural or man-made emergency, shall be granted pursuant to MnSCU Board Policy 4.4, Weather/Emergency Closings.