Employee Leave

Two types of Leave Benefits:

  • Annual Leave
  • Sick Leave

Other Types of Employee Leave:

  • Holidays – The University recognizes 13 holidays.
  • Catastrophic Leave
  • Funeral Leave
  • Military Leave-Paid
  • Military Leave-Unpaid
  • Jury Leave
  • Family and Medical Leave
  • Medical Leave of Absence without Pay
  • Personal Leave of Absence without Pay
  • Parental Leave

West Virginia Code §18B-1-6 and Higher Education Policy Commission Series 38 Procedural Rule provides for paid and unpaid leave for employees. For questions or issues about leave go to http://www.marshall.edu/human-resources/resources/leave-coordinator-resources/ .

Types of Leave Benefits:

Annual Leave

  • Provided leave with pay to all benefits-eligible employees
  • Not available to nine-month faculty

Annual Leave Accrual Rates:

  • Classified Staff
    • Less than five years of service = 1.25 days/month (15 days/year)
    • Five years of service = 1.50 days/month (18 days/year)
    • Ten years of service = 1.75 days/month (21 days/year)
    • Fifteen plus years of service = 2.00 days/month (24 days/year)
  • Non-Classified Staff and 12-month Faculty
    • Eligible for 24 days of annual leave per year, calculated at the rate of 2.00 days/month.
  • Employees who are benefits eligible and work less than full-time (between 20 and 37.5 hours per week)Accumulate annual leave on a pro-rated basis.

Annual and sick leave may not be taken before it is accrued.


Notification Procedure:

  • Employees are required to follow unit, department, division, or institutional established procedures when requesting leave and notifying supervisors of their absences.
  • They will submit leave requests on the TimeClock Plus Time & Attendance System
Sick Leave
  • Provided leave for all benefits-eligible employees to take paid leave for the purposes of:
    •  sickness
    • injury
    • temporary disability
    • serious illness or death of a member of an employee’s immediate family (Immediate family is defined as: father, mother, son, daughter, brother, sister, husband, wife, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, granddaughter, grandson, stepmother, stepfather, stepchildren, or others considered to be members of the household and living under the same roof.)
  • Not available for nine-month faculty

Sick Leave Accrual Rates:

  • All full-time employees and 12-month faculty accumulate sick leave
    • 1.50 days per month (18 days per year)
    • Other benefits-eligible employees accumulate sick leave on a pro-rated basis
    • There is no limit to the number of sick leave days an employee may accumulate

Verification Requirements:

  • Sick leave for more than five consecutive days shall not be granted to an employee for illness without satisfactory proof of illness or injury, as evidenced by a statement of the attending physician or by other proof satisfactory to the institution.
  • The institution may require evidence from an employee for verification of an illness or other causes for which leave may be granted under this rule, regardless of the duration of the illness.
  • Falsification of documentation or abuse of sick leave may result in disciplinary action, including dismissal.

Notification Procedure:

  • Employees are required to follow unit, department, division, or institutional established procedures when requesting leave and notifying supervisors of their absences.
  • They will submit leave requests on the TimeClock Plus Time & Attendance System

Medical Release:

  • An employee having an extended illness or serious injury shall, before returning to duty, obtain satisfactory medical clearance to help ensure adequate protection and shall indicate the employee’s ability to perform her/his duties.
  • The medical clearance must be in writing.
  • Annual Leave Option Except in cases involving catastrophic sick leave, if all accumulated sick leave has been used and annual leave is available, it is the option of an employee to choose one of the following:
    • to use any accumulated annual leave until it has also expired, or
    • retain the accumulated annual leave for use after return to work and be taken off the payroll immediately after the accumulated sick leave has expired.
  • Please see section on Medical Leave of Absence without Pay for more information.
  • Workers’ Compensation Please refer to the section on Workers’ Compensation.

Other Types of Employee Leave:

The federal and state governments provide leaves without pay for medical or personal circumstances or to handle family responsibilities.

Holidays

Holidays observed by Marshall University are:

  • New Year’s Day
  • Martin Luther King’s Birthday
  • Memorial Day
  • July 4th, Labor Day
  • Thanksgiving Holiday (two days)
  • Christmas Day.

The following holidays are usually taken between Christmas and New Year’s Day:

  • President’s Day
  • West Virginia Day
  • Flag Day
  • Veterans Day
  • In addition, two election holidays are added to the calendar of holidays granted to faculty and staff. Additional holidays may be appointed or recommended by the Governor of West Virginia or the President of the United States for general cessation of business. Holidays occurring on a Saturday or a Sunday will be observed on either the preceding Friday or the following Monday.
Catastrophic Leave
  • Catastrophic Leave provides for paid leave donated by co-workers.
  • A medically verified illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all leave and other paid time off.
  • Catastrophic leave can also be used for an incapacitated immediate family member if this results in the employee being required to take time off from work to care for the family member and the employee has exhausted all leave and other paid time off.

Eligibility

  • Non-classified and classified staff and twelve-month faculty who are eligible for leave are eligible for catastrophic leave.
  • Definition and Limitation Catastrophic is defined as a tragedy; a momentous tragic illness or injury ranging from extreme misfortune to utter ruin. Because of this definition, catastrophic leave will not be automatically allowed, especially where there is evidence of abuse.
  • Additional information about Catastrophic Leave

How to Apply

  • A leave recipient must complete an application form for catastrophic leave and obtain medical documentation.
  • A leave donor must complete a leave donation form and forward to Human Resource Services.
  • These two documents should be given to HR Services in a timely manner.
Funeral Leave
  • An employee may use sick leave in the event of the death of an immediate family member.
  • Please see the Sick Leave section for the definition of an immediate family member.
  • Supervisors may request verification.
  • Annual leave may be requested to provide an extended bereavement period or to attend to the affairs of the estate
Military Leave-Paid
  • An employee who is a member of the National Guard or any of the Reserve Components of the Armed Forces of the Federal Government is entitled to a leave of absence from duty without loss of pay, status, or efficiency rating, on all days during which they are engaged in drills or parades ordered by proper authority, or for field training or active service for a maximum period of thirty (30) working days in any one (1) calendar year.
  • The term “without loss of pay” shall mean that the employee shall continue to receive normal salary or compensation, notwithstanding the fact that such employee may receive other compensation from federal sources during the same period.
  • Furthermore, the leave of absence is considered as time worked in computing seniority, eligibility for salary increase and experience.
  • The employee must submit an order or statement in writing from the appropriate military officer in support of the request for such military leave.

Additional Paid Leave

  •  An employee who is a member of the National Guard or any of the Reserve Components of the Armed Forces of the Federal Government and who is called to active duty is eligible for an additional leave of absence from employment for a maximum period of thirty (30) days.
  • An employee who has not used all or some portion of the original thirty working days of military leave is eligible to add the number of unused days from the same calendar year to the thirty days for which he/she is eligible, up to a maximum of sixty (60) days for a single call to active duty.
  • Leave cannot be carried over and used in the next calendar year.
Military Leave-Unpaid
  • Any employee called to active duty during a time of war, national emergency or under compulsory provisions of the law of the United States shall be granted a leave of absence without pay (beyond the paid leave above).
  • Upon return to work, the employee shall be credited with all annual leave and sick leave not used at the commencement of his/her military leave.
Jury Leave
  • Upon application in writing, an employee shall be granted leave with pay when, in obedience to a subpoena or direction by proper authority he or she serves upon a jury or appears as a witness before any court or judge, any legislative committee, or any officer, board, or body authorized by law to conduct any hearing or inquiry.
  • This shall not apply in cases where the employee is a litigant, defendant or other principal party or has a personal or familial interest in the case or proceeding.

Official Duties

  •  When attendance in a court is in connection with an employee’s usual official duties, time required in going and returning shall not be considered as absence from duty.

Report to Work

  •  The employee shall report to work if he/she is excused by the court before the end of her/his regular work day.
Family and Medical Leave
Provides employees with up to 12 weeks of unpaid leave due to their own serious illness, the illness of a child, spouse, parent or other dependent, or for the birth or adoption of a child. Marshall University employees are covered under the federal law, The Family and Medical Leave Act, and the state law, The Parental Leave Act. The law providing the most generous benefit to the employee is the one that prevails. See the policy regarding Family Medical Leave.
Medical Leave of Absence without Pay
  • An employee requesting a medical leave of absence without pay must provide the president or the president’s designee with satisfactory medical evidence (such as a statement from the attending physician) that he/she is unable to work.
  • The medical statement shall include a diagnosis, prognosis, and expected date that the employee can return to work.
  • If the evidence is satisfactory, the president or her/his designee may authorize a medical leave of absence without pay only for the period of disability specified by the attending physician.

Eligibility:

  • Only employees considered full-time regular are eligible for a medical leave of absence without pay.

Limitations:

  • A medical leave of absence without pay may be granted for no more than a twelve (12) consecutive month period.
  • An employee must utilize all sick leave prior to beginning a medical leave of absence.
  • Annual leave may be banked until the employee returns to work or may be used to extend paid leave.
  • This decision is the employee’s choice.
  • During a medical leave of absence without pay the university will continue to pay its portion of the employee’s health insurance if the employee’s share is paid in a timely manner.

Return to Work

  • An employee shall be expected to report to work on the first workday following expiration of the disability period.
  • Failure of the employee to report promptly at the expiration of a medical leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution.
  • An employee, prior to return to duty, shall obtain satisfactory medical clearance to help ensure adequate protection and which shall indicate the employee’s ability to perform her/his duties.
  • The medical clearance must be presented in writing.

Separation

  • If any employee is unable to return to work after the maximum twelve (12) months of disability, he/she will be separated from employment.
  • Any remaining annual leave will be paid in a lump sum payment.
Personal Leave of Absence without Pay
  • An employee, upon application in writing and upon written approval by the institutional president or her/his designee, may be granted a continuous leave of absence without pay for a period of time not to exceed twelve (12) consecutive months provided all accrued annual leave has been exhausted.
  • Application should include supervisors’ approval.

Insurance

  • During a personal leave, Marshall University shall continue group health insurance coverage provided that the employee pays the full premium costs of such group health plan.

Return to Work

  • At the expiration of leave of absence without pay, the employee shall be reinstated without loss of any rights, unless the position is no longer available due to a reduction in staff caused by curtailment of funds or a reduced workload.
  • Failure of the employee to report promptly at the expiration of a leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment.
Parental Leave
  • The Parental Leave Act of 1989 is a West Virginia state law.

Eligibility

  • A full-time regular employee who has worked at least twelve (12) consecutive weeks for the state may request up to twelve (12) weeks unpaid parental leave.
  • The request must be due to birth or adoption by the employee or because of a planned medical treatment or care for the employee’s spouse, son, daughter, parent, or dependent with a serious health condition.
  • Parental leave is not used for an employee’s illness or disability.

Application

  • The employee must provide the supervisor with written notice two (2) weeks prior to the expected birth or adoption; or for the medical treatment; or for the supervision of a dependent. Failure to submit a written request may be cause for denial.

Certification

  • The employee must provide the supervisor with certification by the treating physician and/or documentation regarding dependency status.

Paid Leave

  • All annual leave must be exhausted before the parental leave begins.
  • No more than a total of twelve (12) weeks of parental leave may be taken in any twelve (12) consecutive month period.

Health Insurance

  • During parental leave by an employee, Marshall University shall continue group health insurance coverage provided that the employee pays the employer the full premium cost of such group health plan.

Return to Work

  • The position held by the employee immediately before the leave commenced shall be held for a period not to exceed the twelve week period of the parental leave and the employee shall be returned to that position.