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MnSCU-MSUAASF Master Agreement 1999-2001ARTICLE 18 - PAID LEAVES OF ABSENCESection A. Accrued Benefits.An ASF member on a paid leave shall retain all rights and accumulated benefits, except for any utilized in conjunction with the leave. Benefits shall continue to accrue while an ASF member is on leave pursuant to this Article. Section B. Vacation Leave.Subd. 1. Accrual.
Subd. 2. Unused Vacation.Unused vacation leave must be reduced once during the fiscal year to two hundred and sixty (260) hours unless the President determines that the ASF Member is unable to utilize vacation leave because of the requirements of his/her assignment or because of physical incapacity. If this is not accomplished prior to the last full payroll period of the fiscal year, the ASF Member's accumulation shall automatically be reduced to two hundred and sixty (260) hours as of June 30, and the amount of accumulation over two hundred and sixty (260) hours will transfer to the ASF Member's bank of lapsed sick leave (See Article 18, Section C, Subd. 2). ASF Members may not take vacation leave until they have been employed a sufficient length of time to have earned the number of vacation hours taken. Subd. 3. Utilization.The President or his/her designee shall grant an ASF Member's vacation at a time requested by the ASF Member insofar as the staffing needs of the university permit. Subd. 4. Separation Payment.An ASF Member shall be compensated at the final rate of pay for all unused, accumulated vacation leave time upon separation, not to exceed two hundred and sixty (260) hours prescribed in Minnesota Laws. Subd. 5. Reinstatement.Any ASF Member reemployed within two (2) years at the same or any other university within the System, who is otherwise eligible to accrue vacation, shall accrue vacation according to the length of service the ASF Member had attained at the time of separation. Section C. Sick Leave.Subd. 1.One-hundred twenty (120) hours of sick leave shall be credited to all new full-time ASF Members at the time of their employment to cover possible disability during the first thirty (30) pay periods of employment. Beginning with the thirty first (31st) pay period of employment, each ASF Member will be credited with four (4) additional hours of sick leave for each succeeding pay period of service. Subd. 2.Unused sick leave may be accumulated to a total of one thousand (1,000) hours. Sick leave earned over the maximum will be considered lapsed but shall be recorded to credit. In the event that an ASF Member with an illness exhausts his/her current accumulated sick leave, and has lapsed sick leave recorded to his/her credit, additional sick leave shall be granted by the university President upon valid medical documentation, to the extent required by the ASF Member's illness, but not to exceed the total amount of his/her lapsed sick leave. Subd. 3.ASF Members appointed to a fixed-term appointment as provided for in Article 10, Section A. Subd. 1, shall be credited upon initial employment with one (1) day of sick leave for each month of anticipated service. Subd. 4.Individuals commencing employment on less than a full-time basis shall be given sick leave credit as described in this Section and the start of employment on a prorated basis. Such part-time ASF Members shall accumulate sick leave in accordance with the accrual table in appendix B. In the use of sick leave, such ASF Members shall be charged on a pro rata basis according to the fraction of the time employed at the time of leave. Subd. 5.Sick leave shall be granted by the President or his/her designee for absences made necessary by reason of illness or disability, including temporary disabilities, by exposure to contagious disease which may endanger the individual or the public health, or by illness in the immediate family of ASF Member, making it necessary that the ASF Member be absent from his/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, or the parent, stepparent, child, step-child, grandchild, brother, sister, grandparent, or ward of the ASF Member or ASF Member's spouse. The President may extend the provisions to include other residents of the household. Subd. 6.All sick leave earned prior to the effective date of this Agreement shall remain in full force and effect and shall be credited fully to each ASF Member's sick leave accumulation. Subd. 7. Reinstatement.Any ASF Member reemployed within two (2) years at the same or any other university within the System will have unused accumulated sick leave reinstated and posted to the ASF Member's credit in the records of the employing university, provided such sick leave was accrued in accordance with the provisions of this Agreement, and provided such sick leave has not been used in the calculation of severance pay. In the event such sick leave was used in the calculation of severance pay, the ASF Member shall have sixty (60) percent of the unused accumulated sick leave reinstated and posted to the ASF Member's credit. Subd. 8.MSUAASF and MnSCU may develop a sick leave incentive program through the establishment of a joint committee. Section D. Worker's Compensation.In the event an ASF Member is absent from work as a result of a compensable injury incurred in the service of a Minnesota State University under the provisions of the Worker's Compensation Act, Minnesota Statutes Section 176.01 et. seq., the ASF Member shall receive compensation in an amount equal to the difference between the ASF Member's regular pay and the benefits paid under the Worker's Compensation Act to the extent that the ASF Member has accrued vacation or sick leave. Such additional payments to an ASF Member shall be charged against the accrued vacation or sick leave of such ASF Member. In no event shall the combined weekly or monthly compensation paid an ASF Member exceed the normal compensation of the ASF member. Section E. Bereavement Leave.The use of a reasonable period of bereavement leave, up to five (5) days per occurrence, shall be granted in case of death in the immediate family, and the term "immediate family" shall be construed to mean the spouse, the parent, stepparent, guardian, child, step-child, grandchild, brother, sister, grandparent, or ward of the ASF Member, or ASF Member's spouse. Bereavement leave shall be granted by the supervisor in case of death of other relatives of the ASF Member. Leave of longer than five (5) days may be granted by the President. All other bereavement leave in case of death of other relatives of the spouse shall be deducted from sick leave. Section F. Adoption Leave.Up to thirty (30) days leave per occurrence shall be granted by the President for absences made necessary by an ASF Member's adoption of a child. Adoption leave shall be deducted from sick leave. Section G. Military Leave.ASF Members who are members of the State or Federal armed services are entitled to leave of absence with pay of (fifteen) 15 working days per calendar year as defined in Minnesota Statutes Sections 190 through 192. Section H. Court Related Leaves.ASF Members shall be granted a leave of absence with pay for: Subd. 1.Service on a jury. Subd. 2.Appearance before a court, legislative committee, or other judicial or quasi-judicial body in response to subpoena or other direction by proper authority for purposes other than those created by the ASF Member or the ASF Member organization. Subd. 3.Attendance in court in connection with an ASF Member's official duty, such attendance including the time required in going to the court and returning to the ASF Member's place of work. Section I. Election Judges.ASF members serving as election judges shall be compensated in accordance with Minnesota Statutes Section 204B.195. Upon fourteen (14) calendar days advance request, leave shall be granted for purposes of serving as an election judge in any election. Section J. Personal Leave.Upon application approval of the President or his/her designee, an ASF Member, who has at least six- (6) months of service, may be granted up to four (4) days (non-cumulative) leave per fiscal year for personal situations necessitating the absence of the ASF Member from the university. Section K. Emergency Leave.Emergency leave shall be granted pursuant to MnSCU Board Policy 4.4. Section L. Sick and Vacation Leave Balance.The Employer shall provide each ASF Member a report of his or her sick and vacation leave balances at least monthly. |
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