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Policy: Faculty Leaves 


Date: 09/13/13 Policy ID: HRM-038 Status: Final

Policy Type: University
   
Contact Office: Executive Vice President and Provost (Office of the)
   
Oversight Executive: Executive Vice President and Provost
   
Applies To: Academic Division.
   
Table of Contents:  Policy Statement
  1. Leave for Professional Reasons
    1. Sabbatical Leave
    2. Educational Leave
  2. Leave for Personal Reasons
    1. Family Leave
    2. Modified Service Leave
    3. Parental Leave
    4. Leave for Other Personal Reasons
    5. Disability Benefits (Medical Leave)
    6. Family and Medical Leave Act (FMLA)
  3. Leave for Other Reasons
    1. Annual Leave and Holidays
    2. Leave of Absence for Military Duty
    3. Conversion Leave
    4. Jury Duty

Procedures

   
Reason for Policy: 

Recognizing the need for faculty (including academic, administrative, and professional) to be away from the University to pursue research and scholarship and to take time away from work to fulfill family, personal, or other outside obligations, the University has established different types of leave.

   
Policy Summary: 
   
Definition of Terms in Statement: 

Leave With Partial Pay: Approved temporary reduction of a faculty member’s workload accompanied by a commensurate reduction in salary (for example, a faculty member who is approved for half-time leave retains approximately half of his/her regular responsibilities for a specified period of time, during which he/she receives 50% of his/her salary). A faculty member on leave with partial pay usually retains full-time benefits, including health benefits, although the employer’s retirement contribution during the period of leave will vary depending on the type of leave. For most types of leave with partial pay, the faculty member’s reduced salary must be sufficient to allow for deduction of the employee’s share of the health insurance premium.

Leave Without Pay: Approved absence of up to two consecutive years from the University during which a faculty member does not receive salary; availability of benefits during a leave without pay depends on the type of leave.

Leave Year: For the purposes of tracking unpaid leave taken by faculty under the federal government’s Family and Medical Leave Act, the leave year begins each year on the first day of the pay period that includes January 1. Otherwise, faculty leave periods that reset annually (i.e., annual leave) do so at the start of each fiscal year.

Sabbatical Leave: A periodic program of academic leave awarded on a competitive basis.
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Policy Statement: 

The University provides different types of leave to support a faculty member’s professional and personal life. With the exception of leave taken under the federal Family and Medical Leave Act (see Section 2.F below), faculty members must submit a request for any type of leave to their supervisor and obtain the required approvals. A leave request will be considered in light of the faculty member’s particular situation and the needs of the faculty member’s department or unit.

As noted below, some types of leave must be taken without pay. Some may be taken on a partial basis, with the faculty member continuing to work some percentage of time for reduced salary. Only a few types of leave may be taken without a reduction in salary (see below: sabbatical, adoption/foster care, and disability in Section 2 below).

The relevant department chair and dean or vice president must approve a leave of absence for an academic faculty member. The faculty member’s supervisor and the relevant vice president (or, in the case of librarians, the University Librarian) must approve a leave of absence for an administrative or professional faculty member.

A leave of absence, whether full or partial, will not be granted for longer than two consecutive years, except under exceptional circumstances (see Procedures).

Requests for leave with partial pay of less than 25% of the faculty member’s full pay must be requested in writing by the faculty member’s supervisor or dean/vice president and approved in writing in advance by the appropriate executive vice president or the president if he/she makes the determination that the leave is in the best interests of the University.

If a faculty member’s appointment ends during a period of approved leave of absence, the leave and any benefits associated with the leave will not continue beyond the faculty member’s last date of employment.

The duration of a leave of absence counts within the probationary period for a tenure-track faculty member, unless specifically exempted in advance by the dean with approval from the executive vice president and provost.

Certain faculty benefits are affected by the type of leave. Although the benefits associated with each leave type are summarized below, these summaries are general and will vary according to the circumstances of a particular situation. Faculty members considering a leave of any kind are encouraged to consult with the appropriate dean or vice president and a benefits counselor in University Human Resources (UHR). Clinical faculty are encouraged to consult with benefits counselors in both UHR and UVA Physicians Group.

The terms of an approved leave should be documented prior to the start of the leave in a letter to the faculty member from the dean or vice president with provision for the faculty member’s signature to acknowledge and accept the terms of the leave.

Schools and units may have specific procedures or more restrictive policies related to certain types of leave. Any school or unit policy that differs from the terms of this policy must be approved in writing by the executive vice president and provost before it becomes effective.
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  1. Leave for Professional Reasons:
    The University offers several types of leave of absence to support a faculty member’s professional development. If a faculty member begins employment elsewhere within one year of returning from a paid leave of absence for professional reasons, he/she will remit to the University any salary paid by the University during the leave. This information should be included in the letter documenting the approval of the leave.
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    1. Sabbatical Leave:
      Sabbatical leave is offered on a limited basis to help faculty invigorate their research and teaching activities. Each school offering a sabbatical program shall maintain a written policy explaining the elements of its program, including the conditions of eligibility, the criteria and mechanism of selection, the application procedure, the annual schedule of decision-making, reporting requirements, and provisions, if any, for deferring the sabbatical leave.

      In addition, sabbatical leave may be approved for full-time teaching faculty of the schools, usually to recognize faculty who have contributed significantly to academic administration, have been appointed to an endowed professorship, or who have offered extraordinary service to the University at the department, school, or institutional level. For example, the winner of the Alumni Board of Trustees Teaching Award for tenure-track faculty members receives sabbatical leave as part of that award.

      Faculty awarded sabbatical leave can be compensated one semester at full salary or two semesters at half salary.

      During sabbatical leave, all full-time benefits normally remain in effect. The University continues to make contributions to retirement, health, life insurance, and disability plans.
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    2. Educational Leave:
      Educational leave offers faculty members the opportunity to pursue new knowledge, techniques, and experiences that are judged by the faculty member’s supervisor and dean or vice president to facilitate or enhance the faculty member’s ability to contribute to the University. Faculty who receive external awards or fellowships that include financial support may request educational leave for the period of the award or fellowship.

      Educational leave may be approved as leave without pay or as leave with partial pay for up to two years.

      During educational leave, the University normally continues to make contributions to the faculty member’s retirement plan and pays the premiums for life and disability insurance. If the faculty member is approved for educational leave without pay, the faculty member must pay the full cost of health insurance if he/ she wishes to remain in the University’s health plan. Faculty members who are approved for educational leave with partial pay and continue to work 25 percent of the time remain enrolled in the University’s health plan and pay only the employee contribution toward the health insurance premium. Requests for leave with partial pay of less than 25% of the faculty member’s full pay must be requested in writing by the faculty member’s supervisor or dean/vice president and approved in writing in advance by the appropriate executive vice president or the president if he/she makes the determination that the leave is in the best interests of the University.
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  2. Leave for Personal Reasons:
    In addition to the unpaid leave provided by the federal Family Medical Leave Act (FMLA, see Section 2.F, below), the University provides several categories of personal leave to help faculty balance their personal and professional commitments. Other than unpaid leave provided under FMLA, leave for personal reasons may be approved at the discretion of the faculty member’s supervisor and dean or vice president. Such approval is not guaranteed. With a supervisor’s approval, the faculty member may use available annual leave to extend the approved period of personal leave. Annual leave is a form of paid leave (see Section 3.A., Annual Leave and Holidays, below).
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    1. Family Leave:
      A faculty member who is tenured or tenure-track or who is non-tenure track with an appointment of one year or more may request leave without pay when circumstances in his/her family make it difficult for the faculty member to carry out assigned duties.

      Family leave may not be granted as leave with partial pay. Faculty members who wish to request leave with partial pay in light of family obligations may request modified service leave (see below).

      Family leave may not be granted for more than one year; if the faculty member also requests modified service leave (see below) in conjunction with the same family incident, family and modified service leave combined may not exceed one year.

      While on family leave:
      • the faculty member may remain enrolled in the University’s Health Plan so long as he/she pays both the employer and employee cost of the premium;
      • the University will make contributions to life insurance and disability plans.

    The University will not make contributions to the faculty member’s retirement benefit plan while the faculty member is on leave without pay. Unpaid leave awarded under the federal Family Medical Leave Act (FMLA, see below) may offer different benefits during the period of approved leave. Faculty members considering a request for family leave should consult with a benefits counselor in UHR to determine the impact of such leave on his/her benefits.

    Tenure-track faculty members may request in advance that family leave not be counted as part of the probationary period. The request must be approved by the dean or vice president and the executive vice president and provost.
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    1. Modified Service Leave:
      A faculty member who is tenured or tenure-track or who is non-tenure track with an appointment of one year or more may request modified service leave with partial pay to allow the faculty member to serve temporarily as the primary caretaker of his/her child, spouse, or other disabled or elderly adult.

      Faculty with a nine-month appointment may be granted up to one semester of modified service leave; faculty with an appointment greater than nine months each year may be granted up to six months of modified service leave. During this period, the faculty member will continue to work at least half-time and his/her salary will be prorated according to the amount of time worked.

      While on modified service leave, the faculty member remains enrolled in the University’s health plan and pays only the employee contribution toward the health insurance premium. The University continues to make a contribution to the faculty member’s retirement plan, reduced to reflect the faculty member’s percentage of leave (i.e., for a faculty member approved for modified service leave of half-time, the University will contribute half of the faculty member’s retirement contribution). The University’s contributions to life insurance and disability plans continue while the faculty member is on modified service leave.
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    2. Parental Leave:
      A faculty member who is tenured or tenure-track or who is non-tenure track with an appointment of one year or more may request up to three weeks of leave with full pay and benefits in the event of the birth of a child to the faculty member or her/his spouse or in the event the faculty member adopts or becomes a foster parent to a child under seven years of age.

      Parental leave may not be granted on a partial leave basis. Faculty members who wish to request leave with partial pay in light of family obligations may request modified service leave (see above).

      In addition to three weeks of paid leave, the faculty member may request an additional nine weeks of unpaid parental leave. During the nine weeks of unpaid parental leave, the University will pay no salary but will contribute the employer's portion of any allowable health and life insurance premiums, so long as the faculty member continues to pay the employee’s share of the premium. During these nine weeks, the University will not make contributions to the faculty member’s retirement benefit plan.

      Parental leave must be completed within twelve months of the date of the birth of the child or the date of placement. If the parents of a child (birth, adoptive, or foster) are faculty members working in the same department, unit, or program, the faculty members may be required by their school or unit to stagger or otherwise coordinate their periods of paid and unpaid parental leave so as to minimize the disruptive effect of leave on the department or unit. 

      For faculty members who give birth, any approved paid parental leave is in addition to paid leave received as a result of short-term disability.

      All paid and unpaid parental leave runs concurrently with any unpaid leave granted under FMLA (see below).
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    3. Leave for Other Personal Reasons:
      A faculty member who is tenured or tenure-track or who is non-tenure track with an appointment of one year or more may request unpaid leave or partial leave for personal reasons other than those provided for above.

      Personal leave may not be granted for more than two years.

      For the first six months of unpaid personal leave, the faculty member may remain enrolled in the University’s Health Plan so long as he/she pays both the employer and employee cost of the premium. The University will provide life and disability insurance for up to twenty-four months. The University will not make contributions to the faculty member’s retirement benefit plan while the faculty member is on leave without pay.

      If a faculty member is approved for personal leave with partial pay, the faculty member will remain enrolled in the University’s health plan and will pay only the employee contribution toward the health insurance premium. The University will continue to make a contribution to the faculty member’s retirement plan, reduced to reflect the faculty member’s percentage of leave (for example, if a faculty member has been approved for personal leave of half-time, the University will contribute half of the faculty member’s retirement contribution). Life and disability coverage continue so long as the partial pay is equal to at least one quarter of full pay.
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    4. Disability Benefits (Medical Leave):
      The types of disability benefits available to faculty are determined by the faculty member’s retirement plan. Short-term disability is generally described as a type of “sick” leave for absences of more than five days, including leave for the birth of a child. For more information on short-term disability, see the site maintained by the Provost’s Office. For more information on long-term disability, refer to the UHR disability benefits website for faculty. Days off work as a result of personal illness or injury that do not meet the conditions of short-term disability should be managed between the employee and his or her supervisor.
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    5. Family and Medical Leave Act (FMLA):
      By federal law, a faculty member who has been with the University at least 12 months and has worked at least 1,250 hours during the 12 months before the start of the leave is entitled to unpaid family or medical leave under the following conditions:
      • the birth of a child;
      • the placement of a child with the faculty member for adoption or foster care;
      • the faculty member is needed to care for a family member (child, spouse, or parent) with a serious health condition; or
      • the faculty member’s own serious health condition makes him/her unable to do his/her job.

      Unpaid leave approved for faculty under FMLA runs concurrently with other paid and unpaid leave described in this policy, including but not limited to Modified Service Leave, Family Leave, Adoption Leave, and Medical Leave. FMLA provides for up to 480 hours of unpaid leave per leave year. Leave hours available through FMLA may not be accrued across leave years.

      Faculty members should submit their requests for FMLA leave directly to UHR, which will notify the faculty member’s dean’s office or the appropriate vice president in the event the leave is approved. For complete details regarding unpaid leave that may be awarded under FMLA, see the University’s policy, “Family, Medical, and Military Leave.” For details regarding procedures related to FMLA and request forms, see UHR’s “Guidelines for Requesting Family, Medical, or Military Leave.”
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  3. Leave for Other Reasons:
    1. Annual Leave and Holidays:
      Teaching faculty members employed for nine months do not receive annual leave. They observe University holidays and determine their own hours during semester breaks scheduled in the academic calendar. They do not have specific University responsibilities or duties during the summer apart from those associated with registration and the preparation of materials for the academic year.

      Annual leave is available to faculty members who hold full-time appointments of a year or longer. Annual leave for faculty is granted in accordance with the following schedule:

    12-month contractual cycle

    22 working days

    11-month contractual cycle

    20 working days

    10-month contractual cycle

    18 working days

    09-month contractual cycle

    16 working days

    Part-time faculty members are eligible for annual leave proportionate to working time. Annual leave may be distributed throughout the year at the faculty member's option with the concurrence of the supervisor.

    Any unused annual leave lapses at the end of each fiscal year and may not be accumulated. There is no compensation made for any unused leave at the time a faculty member accepts another position, retires or converts to a different employment classification. Deans and vice presidents are responsible for monitoring annual leave for their faculty.

  4. University holidays are scheduled so as to limit disruption to the academic calendar. UHR posts the holiday schedule. University holidays are not counted against annual leave. The academic calendar is set approximately two years in advance. Faculty members with teaching responsibilities are expected to attend on all days in which a class is scheduled.
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    1. Leave of Absence for Military Duty:
      Faculty called to military duty will be placed on leave without pay by the department. If the faculty member is a twelve-month employee, the individual may take any available annual leave before being moved to a non-pay status. Paid leaves of absence for military duty, which are limited to fifteen working days per federal fiscal year, include training time and active service.

      Although health insurance is not available for faculty members on leave without pay for military duty, the faculty member and his or her dependents can enroll in COBRA continuation coverage for up to eighteen (18) months. If the faculty member is called to active service, the University will pay the employer contribution toward continuation coverage and the usual COBRA administrative fee will be waived. Employer-provided life and disability insurance will be continued for twenty-four (24) months of unpaid military leave, in accordance with the life and disability contract.

      All faculty members called to military duty should consult with UHR regarding their rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
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    2. Conversion Leave:
      Faculty members who are converting from a 12-month to a 9-month appointment may be placed on leave without pay if their conversion date does not coincide with the start of the 9-month appointment cycle in August. Because faculty members with a 9-month appointment pay their annual benefit premiums in nine installments, rather than twelve, faculty members on conversion leave will be billed for their share of any benefit premiums not deducted from their salary prior to the start of conversion leave. Faculty members who have elected to purchase additional life insurance coverage through the University will be billed for these premiums also.

      During conversion leave, life and disability insurance continue. Health insurance continues for faculty members who pay the employee-share of the premiums when billed by Human Resources. The University does not make contributions to faculty members’ retirement accounts during conversion leave.
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    3. Jury Duty:
      A faculty member who serves on a federal jury will receive payment for their services. A faculty member must use annual leave if he/she keeps the payment. If the faculty member remits the payment back to the University (see Procedures below), he/she should not use annual leave.

      Money received for non-federal jury duty is considered “reimbursement for expense” and the faculty member should not use annual leave.
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Procedures: 

For Faculty:

  • Faculty members considering a request for any type of leave should consult with their supervisor, their dean’s or vice president’s office, and a benefits counselor in University Human Resources (UHR). Members of the clinical faculty are encouraged to consult with benefits counselors in UHR and the University Physicians Group.
  • Faculty members who require an extension beyond the limits established for the relevant leave category must submit a request prior to the end of the approved leave to their supervisor, detailing the extenuating circumstances and specifying the term of additional leave being requested. If the supervisor and dean or vice president recommend approval of the extension, they will forward it in writing to the appropriate executive vice president or the president, who will grant approval in writing if he/she makes the determination that the extension is in the best interests of the University.
  • Faculty members who believe they may be eligible for FMLA leave should submit their request to UHR; UHR will notify the dean’s office or the appropriate vice president’s office once the leave is approved.
  • Faculty members who have served on a Federal jury and wish to remit the payment for their service to the University (so as to avoid using annual leave for time served on the jury) should endorse the check and submit it to the Payroll Office in UHR.
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For Schools and Units:

  • All types of leave for professional reasons (sabbatical or educational) should be processed in the University’s human resource system as “educational leave.”
  • Schools wishing to extend a period of leave beyond twenty-four months or award leave with partial pay that is less than 25% of the faculty member’s full pay should send a written request and brief justification to the assistant vice provost for administration. Appropriate justifications include awarding partial leave with pay to allow a faculty member to accept an external fellowship that will fund most but not all of a faculty member’s salary. Requests should be submitted to the Provost’s Office at least 30 days prior to the start of the requested leave.
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Related Information: 

Faculty Holding Appointments at Other Institutions or Organizations

Promotion and Tenure (see section 1, “The Probationary Period on the Tenure Track,” for information regarding requests to extend the probationary period)

Family, Medical, and Military Leave (University policy that applies to all University employees, including faculty, and contains information about the Family Medical Leave Act FMLA)

Guidelines for Requesting Family, Medical, or Military Leave (maintained by University Human Resources; the same procedures apply for faculty, classified staff, and University staff)

Information for Faculty Regarding Short-Term Disability (maintained by the Provost’s Office)

Information Regarding Disability Benefits (maintained by University Human Resources)

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Policy Background: 
   
Major Category: Human Resource Management
   
Category Cross Reference: Executive Vice President & Provost Policies
   
   
Process: 
   
Next Scheduled Review: 09/13/16
   
Approved By, Date: Policy Review Committee, 09/13/13
   
Revision History: 
   
Supersedes (previous policy):  

Faculty Leaves of Absence
Leave with Partial Pay (Benefits While on Leave)