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UTCE-MnSCU Master Agreement 1999-2001
ARTICLE 19
Unpaid Leaves Of Absence
Section 1. Benefits.
A faculty member on unpaid leave under this Article shall:
- Be reinstated to his or her original position or to a position of similar status and pay.
- Retain all seniority, salary, and benefit status and other advantages accrued prior to taking the leave.
- The faculty member shall not accrue or use sick or personal leave during the period of an unpaid leave.
- ) The faculty member shall not accrue teaching experience for purposes of salary schedule advancement while on unpaid leave, unless the unpaid leave is equal to or less than twelve (12) weeks in duration.
- The period of time a probationary faculty member is on an unpaid leave will not count toward fulfilling his or her probationary period.
- The faculty member shall be eligible to continue benefits under this contract at his or her own expense during the period of the leave.
Section 2. Parenting Leave.
Faculty members are entitled to unpaid parenting leave under the following conditions:
Subd. 1. Eligibility:
The Employer shall grant a parenting leave without pay to any faculty member who requests such a leave for the purpose of providing parental care to his or her newborn, newly adopted, or newly foster-care placed child or children.
The faculty member must commence this leave within two (2) years of the birth or adoption or placement of the foster child.
Subd. 2. Duration.
A faculty member may take a parenting leave of up to one (1) year by notifying the Employer in writing stating the beginning date and length of the requested leave. The request for parenting leave shall be submitted at least six (6) weeks before the effective beginning date, except in the event of an emergency.
Subd. 3. Extension.
The faculty member may elect to extend the parenting leave for an additional six (6) months by notifying the Employer of this election in writing. The faculty member's election to extend the leave shall be submitted at least six (6) weeks before the ending date of the previously scheduled parenting leave.
Subd. 4. Return from Leave.
In the event of interruption of pregnancy or cancellation of adoption or foster care placement, the faculty member may cancel parenting leave, if it has not already commenced. If the leave has commenced, the faculty member may return to duty early in the event of interruption of the pregnancy or cancellation of adoption or foster care placement upon giving six (6) weeks written notice to the Employer.
Subd. 5. Leave Synchronization.
The initial leave or subsequent extension may be adjusted by the College President to the next natural academic schedule break following the scheduled ending date of the initial leave or subsequent extension of that leave.
Subd. 6. Mutual Agreement.
The provisions of this section may be altered by mutual agreement among the College President, the faculty member, and UTCE.
Subd. 7. FMLA.
In the event a parenting leave granted under this Section qualifies for a leave under the federal Family Medical Leave Act of 1993 ("FMLA"), the leaves shall run concurrently and the faculty member shall be entitled to any benefits under the FMLA for which he or she is eligible.
Section 3. General Leave.
A faculty member shall be considered for a general leave which the Employer may grant under the following conditions:
Subd. 1. Duration.
A general leave of absence shall be for a maximum of one (1) year. Upon request of the faculty member, up to two (2) one (1) year extensions of the leave may be granted by the Employer. The Employer shall not arbitrarily deny a faculty member's request for a general leave or an extension thereof.
Subd. 2. Notice.
Except in the case of an emergency, a faculty member must give two (2) months notice when applying for a general leave or for an extension of the general leave. A faculty member's failure to timely return from the leave shall constitute a voluntary resignation and the faculty member shall be severed from state service.
Subd. 3. Mutual Agreement.
The provisions of this section may be altered by mutual agreement among the College President, the faculty member, and UTCE.
Section 4. Extended Leaves of Absences:
Full-time employees who are eligible and apply for extended leave under M.S. 136F.43 (a full-time faculty member who has been employed by the Minnesota State Colleges and Universities Board of Trustees or a MnSCU predecessor Employer for at least five (5) years and has at least ten (10) years of allowable service as defined in M.S. 354.05, Subd. 13) may be granted a leave without pay of at least three (3) years but no more than five (5) years. An extended leave of absence pursuant to this section may be granted only once. Denials of such leaves shall not be arbitrary, unreasonable, or discriminatory. Pursuant to M.S. 354.094, the state shall pay Employer contributions into the fund for each year for which a member who is on extended leave pays employee contributions into the fund. Such contribution shall be based on the salary schedule amount the faculty member received in the year immediately preceding the leave. In accordance with M.S. 136F.43, the years spent by the faculty member on an extended leave shall not be included in the determination of the teacher's salary upon reinstatement. However, if the faculty member was eligible for salary advancement at the commencement of the extended leave, then he/she shall be entitled to the salary advancement upon his/her return from the extended leave. The provisions of M.S. 136F.43 and M.S. 354 apply to the extended leave even though those provisions are not stated in full in this Agreement.