1997-1999 MSUAASF Master Agreement

ARTICLE 19
LEAVES WITHOUT PAY

Section A. Leaves.

Subd. 1. General Leaves. An ASF Member may request a leave of absence for valid reasons, for an initial period not to exceed 2 years. A request for leave shall be made as early as practicable and shall include a statement as to the purpose for which the leave is requested, including its value to the ASF Member and the university. The President shall consider the effect of such a leave upon the university, and a request shall not be arbitrarily denied. A general leave of absence beyond two (2) years may be granted at the discretion of the President. However, the ASF Member shall cease to accrue seniority beyond the second year.

Subd. 2. Extended Leave. Extended leaves of absence of at least 3 but not more than 5 years may be granted in accordance with Minnesota law. Notwithstanding any other provision of this Agreement, retention and accrual of all rights and benefits for ASF Members on extended leave shall be governed by Minnesota Statute Section 136.88.

Subd. 3 FMLA Leaves. Under the Family Medical Leave Act, 29 U.S.C. Section 2601 et. seq., an ASF Member may take up to 12 weeks of unpaid leave to care for a member=s child after birth, for care of a child placed for adoption or foster care, to care for spouse, son, daughter, or parent with a serious health condition or to care for the serious health condition of the ASF Member. During this leave, the Employer continues to cover the costs of insurance. A statement of policy and procedure is found in Appendix G. Further information is available in the campus human resources office.

Subd. 4. Parental Leaves. Parental leave of absence without pay shall be granted to natural or adoptive parents who request same. ASF Members who intend to use parental leave according to the provisions of this section should notify the President or his/her designee as soon as it is practical. The leave shall commence on the date requested by the ASF Member, and shall continue for a period up to nine (9) months. Parental leave may be extended for an additional six (6) months upon application to and approval by the President or his/her designee.

Section B. Maintenance of Benefits.

Subd. 1. While on unpaid leave, the ASF Member shall have the right to continue, to the extent permitted by law, any or all benefits, provided any direct cost resulting therefore is reimbursed to the Department of Employee Relations by the ASF Member, except for leaves under the FMLA (Section A, Subd. 3).

Subd. 2. An ASF Member, while on leave, shall retain all rights and accumulated benefits. For purposes of layoff, a permanent status ASF Member on a general or extended leave for purposes judged by the President to be of benefit to the university, shall be entitled to credit for years of seniority accumulated during the leave.

Section C. Return from Leave. An ASF member, on leave under this Article, shall have the right to return to a position in the bargaining unit at the same university, at the same range and pay level as his/her previous position, provided the individual is qualified, as determined by the president or designee. If no vacancy exists for which the individual is qualified, layoff provisions will be invoked.