SECTION 12.45 LEAVES OF ABSENCE
Last Update: 11/03
This section explains various paid and unpaid leaves provided by Article X of the IUP and AFSCME agreements. The SPOC agreement does not contain provisions for leave without pay.
Eligibility For Paid and Unpaid Leaves of Absence
Employees may request leaves of absence after they have completed their probationary period. Probationary employees do not have a right to leaves of absence except for maternity leave, military leave, and inclement weather leave. Management may, however, grant leaves to probationary employees at its discretion. Consult the personnel officer before granting a leave of absence to a probationary employee.
Leave without pay may be granted when an employee has officially requested a leave of absence without pay.
Procedure For Requesting Leaves Without Pay
Employees must request leave without pay in writing at least 30 calendar days in advance of the leave whenever possible. Supervisors are obligated to approve or deny the leave request in writing within the time limits set out in the agreement.
Supervisors have the authority to grant most leaves unless a higher level of approval is required by local policy. Requests for unpaid educational leave must be coordinated with the personnel officer to insure compliance with contractual limits.
SPECIFIC LEAVES OF ABSENCE
Each type of leave of absence in Article X has specific criteria which must be met before the leave is granted. Each has its own time limits or maximums for the amount of time which will be granted.
Parenting Leave – AFSCME, IUP
Parenting leave comes in two parts: 1) paid or unpaid sick leave for the period of disability; and 2) leave without pay for the period of non-disability. Other accumulated leave may be applied to either part. Refer to the FMLA policy for further information on types of leave covered by the FMLA.
Pregnant employees are not required to leave work prior to delivery and may continue working until a physician certifies disability. The employee will be granted paid or unpaid sick leave prior to delivery when a physician certifies the disability. The employee may be granted leave prior to delivery if disability is not a factor and the employee simply wants time off from work. This time, however, may not be charged to sick leave. Refer to the FMLA policy for restrictions on medical verification of pregnancy and childbirth for FMLA eligible employees.
The employee will be granted leave for all periods of disability related to pregnancy and childbirth. This time may be covered with paid leave or be considered a leave of absence without pay. (See FMLA policy for eligible employees.)
Regular, paid sick leave is granted only for that period of time when disabled from performing assigned duties due to pregnancy or its complications, delivery, and recovery there from. This disability must be substantiated by medical documentation, unless otherwise provided for under the FMLA.
The period of disability related to childbirth may start at some point prior to delivery (with physician’s verification) and ends approximately six weeks after delivery. Beginning approximately three weeks after delivery and once each pay period thereafter, the employee may be required to provide medical verification of continuing disability that precludes performing the duties of the position. Verification may be required before leave is approved.
The fact that an employee is still under a physician’s care or that the doctor has not yet released the employee or performed the six week checkup following childbirth does not, by itself, mean that the employee is disabled and eligible for sick leave. As with any other disability, physicians must be advised of the duties and responsibilities of the job in order to make their decision regarding disability. This also reduces the tendency to equate a disability with the six-week checkup or the employee’s desire to remain at home with the baby.
Once disability following childbirth is no longer verified, the employee may be granted up to six months of maternity leave without pay if requested. Available annual leave or compensatory leave may be used in lieu of leave without pay. The employee should be asked to submit a request for leave as far as possible in advance, preferably at least four weeks. For employees eligible for coverage under the FMLA, refer to the FMLA policy.
The employee is entitled to take any part or all of the unpaid six months’ leave regardless of the supervisor’s preference if the leave has been properly requested. A supervisor may request that the employee return earlier than planned but may not require it.
If, after the first six months of unpaid leave, the employee is disabled, additional leave without pay will be granted in thirty (30) day increments not to exceed six months. Each request for an additional thirty (30) days of unpaid leave must be accompanied by a supporting physician's statement. Available sick leave, annual leave, or compensatory leave may be used in lieu of leave without pay.
In no case may an employee receive more than twelve months of unpaid parenting leave; however, the total absence may be longer than that if sick leave has been used in conjunction with non paid leave for the pregnancy.
Military Leave is covered by Section 29A.28 of the Iowa Code and the applicable federal statutes.
An employee (other than employees with a temporary status and/or employed six months or less) who is a member of the national guard, organized reserves or any component part of the military, naval, or air forces or nurse corps of the State of Iowa or the United States, shall, when ordered by proper authority to state active duty, active state service or federal service, be entitled to leave of absence from employment for the period of state active duty, active state service, or federal service, without loss of status or efficiency rating, and without loss of pay or benefit during the first thirty days of such leave of absence.
The employee must be ordered to duty or training by the proper authority. An employee who volunteers for or takes the initiative to be selected for duty assignments is considered as having been ordered to duty. Employees must provide a copy of military orders when ordered to active duty.
Military service performed on non-work days shall not be counted in the thirty (30) day without loss of pay or benefit provision.
Military service in excess of thirty (30) workdays in a calendar year must be charged to vacation, compensatory leave, or leave without pay.
The employer may request an advance schedule of military training meetings. The employer may not reschedule work time to occur when no military duty or training is scheduled (i.e., days off cannot be changed to coincide with days of military duty). Employees must report for work at the beginning of the next regularly scheduled workday after expiration of the last calendar day necessary to travel from the place of training to the place of employment following release from duty or within a reasonable time after that if return is delayed due to factors beyond the employee’s control.
An employee (other than those with a temporary status) who is inducted into military service may resign or may request to be placed on military leave for a maximum of five (5) years.
Employees must provide a copy of the induction orders prior to their last day at work. The orders must be submitted to the personnel assistant for retention as a permanent record for no less than seven (7) years or until the employee returns from military service.
The effective date of the leave or separation must be thirty (30) workdays (or less, if some or all paid military leave has already been used for the year) from the employee’s last day at work.
Inform employees who enter the military service that they must notify the agency or institution where employed prior to the military service of the intent to exercise return rights and must do so within ninety (90) calendar days following discharge, or from hospitalization continuing after discharge for a period of not more than one (1) year. An employee who is placed on military leave who does not return within five (5) years will be separated. Advise employees that when they return they will be placed in a position in the same class or a class in the same pay grade for which the employee qualifies and that the position may be located anywhere in the agency.
Employees who return from military service within the specified time frame are entitled to the following:
- Restoration of their previous adjusted employment date for vacation accrual purposes.
- Restoration of previous seniority date.
- Restoration of sick leave balance at the time of separation.
- All pay adjustments and pay increases for which the employee would have been entitled had they not entered the military service.
- No adjustment to pay increase eligibility date for the period of military service.
Unpaid Educational Leave
A specified number of contract covered employees are eligible for unpaid educational leave in any one year. Selection of employees is based on seniority. The job relatedness of intended course work is not a criterion for approving an unpaid educational leave of absence. Management is not obligated to allow more than two employees to be on educational leave at the same time from the same work unit. Additional criteria for approving leaves are set out in each of the agreements.
In order to ensure that only the established number of employees per agreement is approved for unpaid educational leave, all requests must be submitted to the personnel officer. Local appointing authorities may include a recommendation or comment especially if the leave would cause a substantial hardship or if the leave would result in two employees on unpaid educational leave simultaneously from the same work unit.
Employees may request an extension of their original leave period prior to the expiration of the original leave. Employees presently on educational leave who request an extension will be given preference over new requests provided they are making satisfactory progress in their educational program. Extensions will only be considered if the employee was initially granted less than the maximum amount of leave provided by the collective bargaining agreement and the extensions do not exceed the stated contractual limits.
Medical Leaves of Absence
Employees (except for those covered by the SPOC collective bargaining agreement) are eligible for a medical leave of absence if they meet all of the following criteria:
1. One year of seniority.
2. Have exhausted all sick leave.
3. Their illness or injury exceeds or will exceed ten (10) calendar days after expiration of accrued sick leave.
4. Appropriate medical verification of continuing disability is submitted.
If the employee requests a medical leave and meets the criteria listed above, the medical leave must be granted for up to ninety (90) calendar days. Ninety (90) days are not automatically granted; the amount of leave is determined by medical verification and prognosis. It is recommended that the leave be granted in incremental amounts such as thirty (30) days at a time.
If the employee desires more time beyond the original ninety (90) days of medical leave, extensions of the medical leave of absence of up to ninety (90) days may be granted at the discretion of the appointing authority. Extensions, plus the original ninety (90) day leave, may not exceed a total of one (1) year.
Other options are: a) to terminate the employee and place them in a “950” position number to complete the long term disability qualifying period if the employee applies for LTD; and b) to allow the employee to apply available vacation and compensatory leave to the LTD qualifying period; or c) require the employee to return to work or be terminated.
The FMLA policy should be reviewed prior to the approval or denial of any medically-related leave of the employee of the employee’s immediate family as defined by the FMLA policy.
Fringe Benefits During Periods of Leave Without Pay
The agreements specifically preclude accrual of vacation, sick leave, or payment for holidays while an employee is on leave without pay. Therefore, the only benefits which remain intact for the first thirty (30) days are contract coverage, original seniority date, employment date, and the state’s share of insurance premiums.
Beyond the thirty (30) days leave, contract coverage continues for the length of the employee’s absence. The employee’s original seniority date is retained during the leave for a period equal to the employee’s length of employment up to a maximum of two years. Payment of the state’s share of life insurance premiums will continue for the first four (4) months the employee is on leave without pay for medical reasons. The state’s share of health and dental insurance premiums will continue for the first four (4) months of an employee’s leave due to approved workers’ compensation injury if the employee has exhausted all paid sick leave.
Refer to the FMLA policy for further clarification on continuance of insurance premiums for eligible employees.
Rights Upon Return From Leave Without Pay
When a leave without pay expires, an employee has the right to return to the previous class or a class in the same pay grade. There is no absolute right to return to the previously held position. Rights of return are to a class or similar position only and not a specific shift, work area, or work assignment. Although returning employees may be offered a position anywhere in the agency, it is understood that appointing authorities will make every effort to place returning employees back into the institution or general geographic area where they previously worked. Some bargaining agreements have additional provisions that define the position to which an employee may return. Check the agreement for the applicable language.
If the employee’s position or one of like nature is not available at the time of an employee’s return from leave without pay, the layoff procedure will be implemented.
If the employee was absent and was covered by the provisions of the FMLA, the return rights provided for by the FMLA supercede the contractual rights.
All vacancies must first be offered for contract transfer by eligible employees. An employee returning from leave without pay will be placed in the vacancy which remains after the contract transfer process has been completed.
Adjustments to Employment/Seniority Dates
The following rules apply to adjusting employment and seniority dates for contractual employees when they return from leave without pay.
1. An employee’s seniority date does not change unless the period of leave without pay exceeds two years or there is a break in service as defined by contract language.
2. An individual’s adjusted employment date (from which the rate of vacation accrual is computed) is not adjusted for periods of leave without pay. However, the employee does not earn vacation or sick leave during any period of unpaid leave.
Paid Leaves of Absence
Contract covered employees are eligible for the following paid leaves of absence:
If the employee’s scheduled workday does not allow sufficient time outside of working hours while the polls are open, the employee is entitled to paid time off from work for the purpose of voting in any general election. (Iowa Code Chapter 49.109.)
The employee must request time off for voting in advance of the election day. The employee’s supervisor may designate when the time can be taken off for purposes of voting.
Although voting leave is not addressed in the IUP or SPOC contract, state law provides for voting leave, and this leave will be allowed for those contract covered employees.
Requests for absence due to court appearances or jury duty are allowed on state time if accompanied by a subpoena or other properly authorized directive such as a judge’s written order. This leave only applies to courts within the State of Iowa.
Employees may be required to report for work after release from jury duty if there are at least two (2) hours remaining in their scheduled workday. The two (2) hours include any normal travel time. It also includes any lunch or rest periods for which the employee is eligible if they had not been taken. For example, an employee released from jury duty at 12:00 noon would have to report to work unless the schedule shift ends before 2:00 p.m. The employee should then report to the supervisor and advise the supervisor that a lunch break is needed. The supervisor should then arrange a break for the employee as soon as possible. Employees who work the second or third shift must be temporarily rescheduled to the day shift for the duration of jury duty.
An employee is granted paid leave if subpoenaed to appear as a witness for either the federal government, the State of Iowa, a political subdivision of the State, or in private litigation provided the employee is not a party (one of the litigants) to the proceedings. Employees will also be granted paid work time if management requires their presence at administrative or quasi-judicial proceedings such as unemployment hearings.
Employees who are absent for either jury duty or court appearances are to remit to the agency all jury or witness fees but may keep travel and expense reimbursements as follows:
If the employee’s court or jury service extends for more than one day, the employee may keep the full amount of money specified in the summons or subpoena for meals, lodging, and travel expenses regardless of the actual expenses but must turn in the amount specified as a witness fee. If leave or non paid time is taken, the witness fee may also be retained by the employee.
If the employee’s court or jury service does not extend beyond one day, the employee may: 1) take annual leave, compensatory time, or non paid time and keep the entire amount of the witness fee plus expenses; or 2) turn in the witness fee and claim meal reimbursement at state rates in compliance with regulations of the Department of Administrative Services – State Accounting Enterprise.
If the employee is not scheduled to work, the entire amount of the court or jury fee plus the full amount of expenses may be kept.
If the summons or subpoena does not specify a separate amount for the witness fee as distinguished from an amount for meal or lodging expenses, the employee must claim meal and lodging reimbursement at state rates in compliance with current regulations and turn in the remaining amount as a “witness fee.”