Human Resources & Workforce Diversity
UNIVERSITY OF WISCONSIN SYSTEM
The University of Wisconsin System
UNCLASSIFIED PERSONNEL GUIDELINE # 10
SUBJECT: FACULTY AND ACADEMIC STAFF SICK LEAVE AND COLLEAGUE COVERAGE POLICY
(Replaces 5/10/99 Edition)
10.01 Policy Statement
Paid sick leave is a significant fringe benefits for a UW System unclassified employee as is colleague coverage. They are provided in accordance with Section 36.30. Wis. Stats., Chapter UWS 19, Wis. Adm. Code, (1973) and consistent with the Federal Family Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA).
Other state statutes affecting sick leave include:
Section 40.05(4)(b), Wis. Stats., providing that accumulated sick leave is converted at the current rate of pay to an account to pay health insurance premiums upon the retirement, death or layoff of an insured employe.
Section 40.05 (4)(bc), Wis. Stats., providing that conversion of sick leave will occur on the effective date of the annuity or lump sum payment. Conversion will be at the employe’s basic rate of pay immediately prior to termination of all creditable service.
Section 40.05(4)(bp), Wis. Stats., establishing sick leave record keeping requirements subject to the approval of the Department of Administration which must be met in order to avoid limits on the amount of sick leave that may be converted to pay health insurance premiums.
Section 230.12 (9), Wis. Stats., provides supplemental sick leave credits to faculty and academic staff upon reaching 15 years of service, within certain maximums, that increase each year thereafter. These supplemental credits are, added to your existing sick leave balance' are computed at your base salary at retirement to pay future heath care premiums until the credited account is exhausted after which time your retirement annuity pays the premium. This benefit also allows, within limitations, the restoration of an additional 500 hours credit resulting from single illness occurring in your final three years of employment. These credits may not be converted into any type of cash equivalent..
In addition the Board of Regents and the UW System have approved the following guidelines relating to sick leave.
Board of Regents Resolution # 506, Guidelines implementing Chapter UWS 19, Wis. Adm. Code.
This policy covers specified leave usage of faculty, academic staff, and limited appointees other than those whose compensation is determined under s. 20.923(4m), Wisconsin Statutes.For the purpose of this document, faculty assistants, lecturers and instructors with teaching responsibilities shall be accorded the same sick leave provisions as members of the teaching faculty. Visiting faculty whose home institutions do not provide for sick leave shall also be covered by the provisions.
The following definitions are used in implementing these policies:
"CHILD" means a natural, adopted, or foster child, a stepchild, or legal ward who is either under age 18, or age 18 or older if incapable of self-care.
"IMMEDIATE FAMILY MEMBER" includes employee's spouse, parents and children of an employee, an employee's and employee's spouse's immediate family members, grandparents, grandchildren, aunts and uncles, brothers and sisters and their spouses, children over the age of 18 and their spouses and any other relative who resides in the same household as the employee.
"GRANDCHILD" means the child of a child.
"GRANDPARENT" means the parent of a parent.
"INITIAL APPOINTMENT" means the date of hire into an unclassified appointment where rights guaranteed under Chapter UWS 19.03, Wis. Adm. Code, which relate to "Cancellation and Reinstatement", and have not been exercised.
"PARENT" means a natural parent, foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee's spouse.
"SPOUSE" means an employee's legal husband or wife or equivalent.
"TEACHING" means for the purposes of colleague coverage to include class time preparation, actual class room instruction and scheduled office hours available to students for educational guidance. Any other administrative or research responsibilities will not qualify for colleague coverage.
"YEAR" refers to the academic year for academic year basis appointments, and to the fiscal year for annual basis appointments. One semester of an academic year appointment is equivalent to one-half of an annual basis appointment.
10.02 Eligibility for Sick Leave and Colleague Coverage (RPD # 73-10 and UWS 19.02)
All faculty, academic staff, and limited appointees earn sick leave while in pay status unless the following conditions apply:
1. The Faculty and academic staff who are not expected to work at least one-third (440 hours) of what is considered full time employment, or
2. The employe’s duration of employment is less than one year.
An employe who is not expected to work at least one-third time shall earn sick leave if subsequently employed for at least one year for at least one-third of what is considered full time employment during the immediately preceding 12 month period.
Once a Faculty or academic staff member becomes eligible to earn sick leave, shall continue to earn sick leave , during any period of employment, unless employment is terminated for 12 or more consecutive months or unless the employe receives a lump sum separation benefit from the Wisconsin Retirement System.
Rehired annuitants who have had their sick leave certified to the Department of Employe Trust Funds to pay health insurance premiums and return to work asa member of the faculty or academic staff will earn one day of sick leave for each full month of employment (pro-rated for less than full time or less than a full month). Such sick leave cannot be used before it is earned and any unused sick leave at the end of the appointment is lost. This sick leave cannot be added to any escrowed sick leave to pay health insurance premiums.
10.03 Accrual of Sick Leave
Staff members whose "initial appointments" are for nine months or more shall be granted 22 working days of sick leave upon which they may draw. After 1 1/2 years of service, additional non-lapsing leave is earned by such members at the rate of 1 day per month for persons holding annual appointments and 6 days per semester for persons who hold academic year appointments with a maximum annual accumulation limited to not more than 12 days. Unused sick leave shall accumulate from year to year in the staff member's account.
Except for the 22 days of sick leave granted to the staff member upon initial appointment, sick leave may be taken only after it has been earned (i.e., it may not be anticipated). A staff member who uses paid sick leave remains in pay status and continues to accumulate sick leave. A staff member shall not accumulate sick leave while on an unpaid leave of absence. Previously accumulated sick leave shall not be affected by unpaid leaves of absence.
A. Pro-ration of Accumulated Sick Leave (UWS 19.02)
Initial entitlement and accumulation of sick leave as specified in the preceding section assumes full-time appointment of 9 months or more. Part-time appointees have an initial entitlement, earn and are charged sick leave in proportion to the percent of their appointment.
B. Cancellation/Reinstatement(UWS 19.03)
If a staff member leaves employment within the University of Wisconsin System other than through retirement or death, sick leave will be terminated but will be reinstated if the staff member is re-appointed to any WRS eligible position within three years. A reinstated staff member shall not be treated as an "initial appointee" and be granted an additional 22 days of sick leave.
10.04 Use of Sick Leave
A. Faculty and academic staff of the University of Wisconsin System use their accumulated sick leave for:
1. Absence due to personal illness, injury, disability, pregnancy or adoption;
2. Attendance upon an immediate family member whose health or medical condition requires the employee's direct care; and
3. The death of a immediate family member.
B. Special Circumstances Governing Use of Sick Leave
1. Sick Leave During Summer and/or Inter Sessions
Faculty and Staff appointments whose basic appointments are for nine months or more and who, under contract, teach in the summer session are covered by sick leave provision . This eligibility begins on the first day of summer session and ends at its conclusion. Sick Leave and/or colleague coverage may only be charged while the individual is in pay status. No additional sick leave accrues during summer session employment.
2. Sick Leave During Winter and Spring Sessions Breaks
Nine (9) month faculty and academic staff appointments are in pay status during winter and spring session breaks and are required to fulfill their university obligations and/or educational pursuits. If, due to illness, they are not able fulfill their academic obligations/educational pursuits sick leave must be charged.
3. Relationship of Sick Leave to Income Continuation Insurance
Paid sick leave benefits stop nor accrue when income continuation insurance benefits begin.
10.05 Colleague Coverage
Colleague coverage for teaching faculty is a substantial benefit designed solely for the benefit of students and to provide continuity of studies. In any semester in which a faculty member who has teaching responsibilities is to use sick leave, the provisions of this policy for colleague coverage shall be invoked as follows:
2. If a paid replacement is appointed to assume the faculty member's teaching responsibilities, the faculty member will not be entitled to colleague coverage for the absence
3. Academic staff with less than 50% of their assignedresponsibilities eligible for colleague coverage can record colleague coverage for only the eligible teaching responsibilities. Paid leave or leave without pay is to be charged for the balance of the appointment.
4. Colleague coverage must be reported in the institution’s monthly colleague coverage report and will be reported in units of one-half day as is sick leave . Colleague coverage does not extend to administrative duties of Department Chairs, Assistant Deans, etc.
10.06 Categorization of Employees and methods of Determining Amount of Sick Leave to be Charged
1. Sick leave or colleague coverage shall be reported in either one-half or full day increments. Reported sick leave or colleague coverage may not exceed 40 hours for a given week. Unclassified employes holding less than full-time appointments report sick leave or colleague based on actual hours used.
2. For the purposes of collecting and reporting sick leave, each full-time unclassified employee will designate a work week consisting of 40 hours as required by state statute Chapter §40.05 (4)(bp)(3a). The work week will be pro-rated for less than a full time appointment. The work week will include all scheduled classes, office hours and research, as well as other regular University meetings and activities. The work week will be defined by either (a) automatic consent to the standard business week Monday through Friday from 7:45 AM to 4:30 PM or (b) by mutual agreement, in writing, with the department chair and in accordance with the Fair Labor Standards Act (FLSA). FLSA defines a normal work week to consist of 40 hours worked within a fixed and regularly reoccurring period of seven consecutive 24 hour periods. Hours worked per day may vary providing the sum total equals at least 40 hours during the designated 7 day period
10.07 Amount of Sick Leave or Colleague Coverage to be Charged
Sick leave, or if applicable colleague coverage, for full-time unclassified employes shall be charged in units of one-half days for full-time appointments. Absence of one quarter day up to three fourths day shall be charged as one half day. Absence of three fourths day up to one and one quarter day shall be charged as one day.
Employes with less than full-time appointments and the exception noted in 10.06B may report actual hours absent.
The rate of sick leave compensation shall be calculated on the employee’s base salary, on the date(s) the sick leave is used.
10.08 Bone Marrow and Human Organ Donation
The Board of Regents has approved the application to unclassified staff of §Wis. Stats.230.35 (2d) which affords staff the opportunity to donate bone marrow or a human organ to a specific recipient. In such situations unclassified staff are guaranteed specific surgical leave/recovery time:
Bone Marrow Donations: Up to 5 work days in pay status
Human Organ Donation: Up to 30 work days in pay status
The above leave periods are guaranteed. They are not subject institutional approval nor should they be charged to any leave category. Should additional leave/recovery time be required a leave category must be charged subject to institutional approval or the donor may be placed on leave without pay.
The donor must complete an institutional notification form, see UPG#10 Attachment 3, Intent to Donate Bone Marrow or a Human Organ, notifying the institution of his/her intent to donate bone marrow or a human organ.
The guaranteed leave meets the requirements and conditions of the Wisconsin (WFMLA) and/or Federal Family Medical Leave Act (FMLA). Leave taken in connection with a bone marrow or organ donation should be charge, if available, to the employee's FMLA/WFMLA allocation.
Section 10.11 of UPG #10 provides details of the terms and conditions of WFMLA and FMLA. The specific sub-sections of 10.11 which apply to the donation of bone marrow and/or a human organ are
10.11 (A)(1) or 10.11 (B)(1).
10.09 Other Leave Options
When an unclassified employe is absent for a reason specified in 10.04 A, the following options may be used instead of sick leave to cover the absence:
A. Colleague coverage (see 10.05 and/or RPD 73-10, as amended). (for teaching responsibilities only, if appropriate)
B. Other paid leave (vacation or floating legal holiday) credits or
C. Leave without pay.
10.10 Reporting Sick Leave and Colleague Coverage
Each department or equivalent unit shall maintain records of sick leave entitlement for its faculty and academic staff members.
1. UW System unclassified employes must file a written report with their designated unit record keeper at least once each month detailing sick leave used and/or colleague coverage provided in lieu of sick leave. A report must be filed whether or not sick leave is used or colleague coverage is provided.
2. A report, summarizing sick leave usage and colleague coverage provided in lieu of sick leave for each employe, must be signed by the department chair, designee or supervisor. The report or its contents must be transmitted to a divisional or campus-wide office at least once per month. A report must be submitted for each unclassified employe regardless of whether sick leave was used or colleague coverage was provided.
- Each unclassified employe must be provided with a report of his/her official sick leave balance at least once each month. This process should allow for review by the unclassified employe for accuracy of the record.
4. To meet these guidelines, each institutions must establish sick leave procedures that require the signature of the unclassified employe, the signature of a department chair, designee or director (supervisor) and a report to the employe of his or her sick leave balances.
5. The office that retains the signed sick leave report form of the unclassified employe should do so for three years.
6. Each institution must develop a standard sick leave and colleague coverage reporting form for data sent by the employe to the unit record keeper and for reports made by the department chairs and directors to an institution central office. Such forms shall conform to all the requirements of this section UPG# 10.
7. Each Institution shall report sick leave and colleague coverage earnings, usage and adjustments to System Administration, as required.
10.11 COORDINATION OF UNIVERSITY SICK LEAVE GUIDANCE WITH THE WISCONSIN FAMILY MEDICAL LEAVE ACT (WFMLA) AND THE FEDERAL FAMILY MEDICAL LEAVE ACT (FMLA).
The WFMLA and FMLA guarantee employees specified periods of leave when necessitated by family events or personal illness or injury. The employee may sometimes use sick leave during this leave.
A. Wisconsin Family Medical Leave Act
An employee qualifies for WFMLA if he or she has worked for the state for more than 52 consecutive weeks and for at least 1,000 hours during the preceding 52-week period.
The employee may use any accrued leave, including sick leave, to cover absences granted under WFMLA.
Under the WFMLA, leave is available as follows:
1. 2 weeks medical leave per year for personal illness/injury.
2. 2 weeks family leave per year to care for a child, spouse, or parent (including natural parent, foster parent, treatment foster parent, adoptive parent or legal guardian of the employee or the employee's spouse) with a serious health condition.
3. 6 weeks family leave for the birth of a child, adoption or placement of a child as a condition for adoption. This leave must begin not earlier than 16 weeks prior to and not later than 16 weeks after the qualifying event. If both parents work for the state, both are eligible for 6 weeks of family leave under this provision.
The year is the fiscal year for unclassified employees, and the calendar year for classified employees.
The employee may schedule leave for his or her own personal illness or injury as medically necessary. The employee may schedule family leave "after reasonably considering the needs of his or her employer" (s. 103.10(3)(c), Wis. Stats.). Family leave may be taken intermittently or as a partial absence, but the employee must schedule such intermittent or partial leave so it does not unduly disrupt the employer's operations.
The period immediately following the birth of a child when the biological mother is physically unable to work is not considered family leave. A birthing mother may take two weeks medical leave under WFMLA in addition to six weeks family leave to care for the newborn. All of this leave can be covered by sick leave.
University policy for absences due to illnesses of the employee or family member are more generous than the two-week allocation under WFMLA. A birthing mother can generally take up to six weeks (per doctor's orders) to recover from child birth.
B. Federal Family Medical Leave Act
An employee qualifies for federal FMLA if he or she has worked for the state for at least 12 months and has worked at least 1,250 hours during the previous 12 months. Under federal rules, full-time faculty members and other exempt employees are deemed to meet the 1,250-hour standard unless the employer can clearly show that the employee did not work 1,250 hours during the prior 12 months. Paid leave, such as vacation and sick leave, does not count toward the 1,250 hour requirement.
Under FMLA, the employee may take up to 12 weeks of leave per year on a full-time, part-time, or intermittent basis for one or more of the following reasons:
1. For the employee's serious health condition that makes the employee unable to perform the functions of the employee's position.
2. To care for the employee's child, spouse, or parent (but not the spouse's parent) with a serious health condition.
3. For the birth, adoption, or placement of a child for foster care.
An employee who is exempt from the Federal Fair Labor Standards Act may report unpaid leave taken under federal FMLA in less than full day increments without affecting his/her exempt status.
FMLA does not guarantee the employee the right to use accrued leave to cover an absence. Thus for leaves which do not qualify for WFMLA, the employee is not eligible to use sick leave unless sick leave use is authorized under a different provision of this UPG #10.
Leave entitlements under WFMLA and FMLA run concurrently. When the new fiscal year (calendar year for classified employees) begins, the employee may qualify for a new leave entitlement, depending on the hours worked in the previous year.