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MnSCU-MSUAASF Master Agreement 1999-2001
LEAVES WITHOUT PAY
Section A. Leaves.
Subd. 1. General Leaves.
An ASF Member may request a leave of absence for valid reasons, including
but not limited to the medical necessity of the ASF Member that is not
covered by the FMLA, for an initial period not to exceed two (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 three (3) but not more than five
(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 twelve (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
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.
Subd. 2. An ASF Member, while on leave, shall retain all rights and
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