Policies & Leaves

Human Resources Policies

Details regarding HR Policies can be found highlighted below.

Campus Policy Library

Official versions of policies are housed in the Policy Libary: http://policies.uoregon.edu/.

Specific policies pertinant to Human Resources can be found here: http://policies.uoregon.edu/policies/by/Category/3

Important memos and notices:

Bereavement Leave

Beginning January 1, 2014, the Oregon Family Leave Act (OFLA) provides up to two weeks of leave with job protections, to attend the funeral or alternative to a funeral of a family member, to make arrangements necessitated by the death of a family member, or to grieve the death of a family member.  [OAR 839-009-0230(5)]  Read more about Bereavement Leave.

Definition of a family member under OFLA

To request bereavement leave, please complete and submit the Request for Bereavement Leave form.  Complete the Bereavement Attendance Record upon your return to work.

Eligibility Requirements for OFLA Protected Leave

To be eligible for bereavement leave protected under OFLA, an employee must meet the following four requirements:

  1. Be employed by the university for a minimum of 180 days immediately prior to the onset of the leave; and
  2. Have worked a minimum average of 25 hours per week for the 180 day immediately prior to the onset of the leave.  These are actual worked hours, and do not include sick leave, vacation, etc. per the guidelines set out pursuant to the Fair Labor Standards Act (See 29 CFR §785); and
  3. Have not exhausted all 12 weeks of OFLA protected leave within the past 12 months immediately prior to the onset of the leave; and
  4. Need time off due to the death of a family member as defined in the OFLA.

Definition of a Family Member Under OFLA

"Family member" means the spouse, same-gender domestic partner, custodial parent, non-custodial parent, adoptive parent, foster parent, biological parent, parent-in-law, parent of same-gender domestic partner, grandparent or grandchild of the employee, or a person with whom the employee is or was in a relationship of in loco parentis.  It also includes the biological, adopted, foster or stepchild of an employee or the child of an employee’s same-gender domestic partner.  For the purposes of OFLA, an employee’s child in any of these categories may be either a minor or an adult at the time serious health condition leave is taken.

Definition of a “child” for the purposes of parental and sick child leave only (not for the purposes of serious health condition leave), means a biological, adopted, foster or stepchild, the child of an employee’s same-gender domestic partner or a child with whom the employee is or was in a relationship of in loco parentis.  The child must be:
(1)    Under the age of 18; or
(2)    An adult dependent child substantially limited by a physical or mental impairment as defined by ORS 659A.104(1)(a), (3), and (4).

Request for Bereavement Leave form

Description: 

University of Oregon
Human Resources
677 East 12th Ave., Ste. 400|5210 University of Oregon
Eugene OR 97403-5210
T 541-346-3159 | F 541-346-2548


BEREAVEMENT LEAVE REQUEST FORM
Instructions: Employees should use this form to request time off for funeral/bereavement leave. Please complete this form, submit to your supervisor, department head or dean for signature, and forward to Human Resources. Certain bereavement leaves may be eligible for up to two weeks of unpaid leave with job protections, per the Oregon Family Leave Act (OFLA). Under OFLA, an employee may use leave accruals to continue income.
Employee Name: UO ID#
Please complete the following information:
Relationship of Family Member
(Choose One)
Date of Knowledge of Death:
Beginning Date of Leave:
Date Returning to Work:
 Spouse
 Same-gender domestic partner
 Custodial Parent
 Non-custodial Parent
 Adoptive Parent
 Foster Parent
 Biological Parent
 Parent-in-law
 Parent of Same-gender domestic partner
 Grandparent
 Grandchild
 Loco Parentis Relationship
 Child, biological, adopted, foster, stepchild of Employee
 Child, biological, adopted, foster, stepchild of Employee’s same –gender domestic partner
 Other:
Please provide relationship
Employee’s Signature Date Supervisor’s Signature Date
If leave will be taken on an intermittent basis, please provide schedule here:
 Approved for leave protected under OFLA
 Not approved for leave protected under OFLA
Reason, if not approved:
HR Representative Signature

File Type (ext): 
pdf

Bereavement Leave Attendance Record

Description: 

BEREAVEMENT LEAVE Return to Human Resources by the 10th of each month. Protected under the Oregon Family Leave Act
NAME: ____________________________________________ DEPARTMENT: _______________________________________
Instructions: Indicate the number of hours you are off work each day for the purpose of bereavement leave. Beginning January 1, 2014, the Oregon Family Leave Act (OFLA) provides eligible employees with up to two weeks of leave with job protections, to attend the funeral or alternative to a funeral for a family member, to make arrangements necessitated by the death of a family member, or to grieve the death of a family member [OAR 839-009-0230(5)].
Include hours off for the entire month for this purpose. Please do not submit this form with midmonth to midmonth hours. If you are off work for the entire week in which a holiday falls, include hours for the holiday.
Do not include days you are not expected to work (i.e., unpaid winter, spring, summer breaks).
Intermittent leave: You must submit this form even if “0” hours were taken. Enter a zero in the „total‟ box for the appropriate month.
Time Sheet/Leave Reporting: Continue to submit your regular time sheet or report leave for payroll purposes.
Employee Signature: Date:
Supervisor Signature: Date:
Note to Supervisor: If you change the hours reported by the employee,
please have your employee initial here in agreement to the change. Initials Date:

File Type (ext): 
pdf

Leave Policies

OA/Research Vacation Maximum

Full-time officers of administration and research with 12-month appointments earn 15 hours of vacation each month and can accrue up to a maximum of 260 hours of vacation. No vacation is earned beyond that amount, so it is important to understand how vacation accrual information is reflected on the monthly earnings statement to ensure that vacation is not lost. Under OUS policy, once vacation is lost, it is not possible to restore it at a later date.

The Banner HRIS system accrues leave at the end of the month in which it is earned. Usage, however, is reflected on the earnings statement one month later. For example, the August 31 earnings statement would show 15 hours earned for August and any vacation time taken in July.

Examples

  1. 260 hours vacation balance on July 31 earnings statement
    - 20 hours taken in July, entered into payroll system in August
    +15 hours accrued in August
    255 hours vacation balance on August 31 earnings statement
  2. Example of how vacation can be lost:
    260 hours vacation balance on July 31 earnings statement
    - 00 hours taken in July, so none entered into payroll system in August
    +00 hours accrued in August because accrual is already at maximum on July 31
    260 hours vacation balance on August 31 earnings statement
    - 40 hours taken in August, entered into payroll system in September
    +15 hours accrual for September
    235 hours vacation balance on September 30 earnings statement

In the second example, an employee in reviewing the July 31 earnings statement may assume that he or she will not lose vacation because of planned 40 hours off in August. However, because usage is reported one month after accrual, the employee reached the maximum on July 31 and, as a result, will not receive the August accrual of 15 hours. The time off in August will not be reported until September.

Please Note

  • Officers of administration and research should pay close attention to their balances when they have accruals of over 230 hours and make plans to use vacation hours in the next month before it is too late and vacation is irrevocably lost.
  • It is also important to note that the maximum amount of vacation paid upon termination is 180 hours.

For more information, please contact Human Resources: (541) 346-3159.

United Academics Leaves

 

 

 

 


Sick Leave – Article 32; Sections 2-7

Section 2.

All bargaining unit faculty members appointed at 1.0 FTE will be credited with eight hours of sick leave for each full month of employment, or two hours for each full week of employment less than one month. Bargaining unit faculty employed at .5 FTE or greater will be credited with a pro rata amount. Sick leave is not earned or used during sabbatical leave, fellowship leave, career development leave, or leave without pay. Sick leave credit shall be earned during sick leave with pay and during other periods of paid leave. There is no limit on the amount of sick leave that may be accrued.

Section 3.

Bargaining unit faculty members employed at less than .5 FTE do not earn sick leave. Bargaining unit faculty members employed at less than .5 FTE who need to miss work due to a legitimate illness will not be required to pay for a substitute. If the bargaining unit faculty member’s absence does not qualify as FMLA or OFLA leave, the bargaining unit faculty member’s pay will not be reduced because of the absence. If the absence qualifies as FMLA or OFLA leave, those statutes and regulations will apply in lieu of this provision.

Section 4.

Bargaining unit faculty members who have earned sick leave credits must use and must record the use of sick leave for any period of absence during the faculty member’s regular work hours on a day that the university is open during the term of the employee's appointment, if the absence is due to the employee's illness, injury, pregnancy or other conditions, medical or dental care, exposure to contagious disease, or attendance upon members of the employee's immediate family (employee's parent(s), spouse or domestic partner, spouse or domestic partner’s parent(s), children, brother, sister, grandmother, grandfather, son-in-law, daughter-in-law, or another member of the immediate household) where the employee's presence is required because of illness; or for any period of absence that is due to a death in the immediate family of the bargaining unit faculty member or in the immediate family of the bargaining unit faculty member’s spouse or domestic partner.

The University may require a physician's certificate to support the sick leave claim for any absence in excess of 15 consecutive days or for recurring sick leave use. The University may require a physician's certificate before allowing the bargaining unit faculty member to return to work to certify that the return would not be detrimental to the bargaining unit faculty member or to others. Transfer of sick leave for use by another university employee is not permitted.

Section 5.

Bargaining unit faculty members employed at .50 FTE or greater are eligible for salary continuance under the Short-Term and Long-Term Disability Insurance policies made available through the University. Bargaining unit faculty members who earn paid sick leave are also eligible for salary continuance for up to 90 calendar days of absence due to illness through a combination of accrued sick leave and advanced sick leave. Each faculty member employed at 1.0 FTE is entitled to receive a sick-leave-with-pay advance as needed to provide the difference between sick leave earned as of the onset of the illness or injury and 520 hours; faculty employed at less than 1.0 FTE are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance.

More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Bargaining unit faculty members cannot receive an advance that extends beyond the end date of their current contract or appointment except upon written approval of the Provost or designee.

Section 6.

A bargaining unit faculty member is entitled to transfer to the University of Oregon with all unused sick leave earned with any Oregon public university, provided the break in service prior to transfer does not exceed one month. A bargaining unit faculty member who leaves employment with the university, and then is rehired before the end of the fiscal year of the last day of employment, is entitled to reinstate the previous unused, accrued sick leave. A bargaining unit faculty member who terminates employment is not entitled to compensation for unused sick leave including in the calculation of retirement benefits under PERS.

Section 7.

Bargaining unit faculty employed at .50 FTE or greater to teach summer session or to work on summer wage appointments are eligible to accrue and to use sick leave during the period of such appointment as provided in this Agreement.

Parental Leave:  Article 32; Sections 8-11

Section 8.

The University will provide bargaining unit faculty members with leave upon the birth or adoption of a child as provided by the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). A bargaining unit faculty member who takes parental leave under FMLA or OFLA may take the first six work weeks of such leave with pay, in the following manner: As part of the first six weeks of leave, the bargaining unit faculty member must use any available short term disability insurance benefits, all accrued vacation leave and all but 80 hours of accrued sick leave. If the bargaining unit faculty member does not have sufficient accrued disability insurance benefits and accrued paid leave to cover six weeks with full pay, the University will provide the faculty member with the necessary amount of paid parental leave to allow the faculty member to receive a total of six weeks paid parental leave. If both parents are employees of the University, both parents are entitled to this additional paid leave. Bargaining unit faculty members may use accrued sick leave for his or her remaining six weeks of parental leave (for a total of 12 work weeks of leave). In the event that the faculty member does not have sufficient accrued sick leave, employees may borrow advanced sick leave for the remainder of the last six work weeks pursuant to Section 5 above. Based on the timing of the birth or adoption, this paid leave may extend into a second term.

Section 9.

A faculty member who is eligible for leave under the FMLA or OFLA also has the option, within six months after the birth or adoption of a child, to take up to one term of modified duties at full pay status. Modified duties status provides full or partial release from classroom and classroom-related teaching responsibilities at full pay following birth or adoption, without using accrued or advanced sick leave. Any release from or reduction of teaching responsibilities does not mean that the faculty member will be required to carry more than a normal load before or after the leave.

Section 10.

To be eligible for the paid family leave benefit described in Section 8 and modified duties described in Section 9, bargaining unit faculty members must be in a Career NTTF or the Tenure-Track or Tenured Professor classifications. Use of these benefits shall not adversely affect the bargaining unit faculty member's standing or salary in any manner.

Section 11.

Bargaining unit faculty members in the Tenure-Track and Tenured Professor classification who experience pregnancy, childbirth, or the adoption of a child and/or utilize parental leave shall have the option of an additional probationary year before a tenure or promotional review.

Vacation Leave: Article 32; Sections 12-19

Section 12.

Vacation means absence from work permitting rest and recreation for a specified period of time during which regular compensation continues. Bargaining unit faculty members gain vacation privileges when employed at .50 FTE or more on a 12-month appointment.

Section 13.

Eligible bargaining unit faculty members accrue vacation on a monthly basis, beginning the first of the month following date of hire or on the first of the month if an employee is hired the first working day of the month. Vacation accrues on the last day of the month and is available for use the first day of the next month, subject to the restrictions in Section 14 of this Article. Faculty members who have a 9-month appointment and are subsequently appointed to a 12-month contract shall receive credit for the previous 9-month appointment on a pro-rata basis. Eligible bargaining unit faculty members with a 12-month, 1.0 FTE appointment accrue 15 hours of vacation per month; eligible bargaining unit faculty members on a .50 FTE or more 12-month contract accrue vacation in proportion to their FTE.

Section 14.

No employee may accrue in excess of 260 hours, and any accrued vacation leave in excess of this cap will be forfeited.

Section 15.

If an eligible bargaining unit faculty member transfers to the University of Oregon from another unclassified position at an Oregon public university and remains eligible for vacation accrual, he or she shall transfer all accrued vacation leave to the new position at the university, unless the break in service exceeds 30 days.

Section 16.

The accrual of vacation leave is reduced on a pro-rata basis for a period of leave without pay, sabbatical leave and educational leave. Vacation leave is accrued during other periods of paid leave.

Section 17.

Bargaining unit faculty members are not entitled to payment for unused vacation leave except upon termination of employment or upon transfer within the university to another position if the faculty member is not eligible for vacation benefits in the new position. The maximum number of hours that can be paid upon termination or transfer is 180 hours.

Section 18.

Vacation leaves are scheduled with the approval of the bargaining unit faculty member's supervisor and should be planned cooperatively. Supervisors must be reasonable in allowing the use of vacation leave and may not unreasonably deny vacation requests where the result would be forfeiture of accrued vacation. For purposes of calculation, one normal work day is the equivalent of eight hours of vacation leave for a full-time employee.

Section 19.

Bargaining unit faculty members must accurately record all vacation hours used. The transfer of vacation time for use by any another employee of the university is not permitted.

Holidays and Paid Leave During Breaks:  Article 32; Sections 20-21

Section 20.

Bargaining unit faculty members earn the following paid holidays and cannot be required to work on these holidays, except as necessary to maintain or operate critical facilities or operations. If a bargaining unit faculty member is required to work on a holiday for that reason, he or she may take an equivalent amount of time off with pay at a later date, as approved by the bargaining unit faculty member’s supervisor:
 

  • New Year’s Day
  • Martin Luther King, Jr.’s Birthday
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving
  • Day after Thanksgiving
  • Christmas Day

Section 21.

Bargaining unit officers of instruction who do not earn vacation will be considered to be on paid leave during the week between Christmas and New Year’s Day, and during the week of Spring Break.

Leave Without Pay: Article 32; Section 22

Section 22.

A bargaining unit faculty member may petition the Provost or designee1 to be granted leave without pay. The granting of leave without pay is in the discretion of the Provost or designee. If granted, leave without pay may not exceed two academic or fiscal years, depending on the appointment.

Compliance with Laws: Article 32; Section 23

Section 23.

The University will comply with applicable state and federal laws, including the ADA and the FMLA, regarding leaves and the accommodation of disabilities.

Sabbatical: Article 33; Sections 1-9

Section 1.  Sabbatical leave is granted to bargaining unit faculty for purposes of research, writing, advanced study, travel undertaken for observation and study of conditions in our own or in other countries affecting the applicant’s field or related scholarly or professional activities. Sabbatical leave is granted when it can be shown that the applicant is capable of using this period in a manner which will thereafter increase the applicant’s effectiveness to the university and to the state. Only the Provost or designee can approve applications for sabbatical leave.

Section 2. Eligibility. A bargaining unit faculty member appointed at .5 FTE or greater with the rank of Senior Instructor I or II, Senior Lecturer I or II, Associate Professor, Professor, Senior Research Assistant I or II, Senior Research Associate I or II, Associate Research Professor, Research Professor, Associate Librarian or Senior Librarian may be considered for sabbatical leave:

(a)    After having been continuously appointed without interruption by a sabbatical leave for 18 quarters (excluding Summer Session) or, in the case of twelve-month faculty, 72 months; or

(b)   After having accumulated the equivalent of 6.0 FTE academic or fiscal years over an indefinite period of nine-month or 12- month appointments uninterrupted by a sabbatical leave.

(c)    Prior service at the ranks of Instructor, Lecturer, Assistant Librarian, Research Assistant, Research Associate, or Assistant Research Professor, when leading to a promotion to a higher rank, may be considered as part of the period of accumulated service for the purposes of the time requirements for sabbatical eligibility.

A series of appointments shall be considered continuous whether or not interrupted by one or more authorized leaves of absence other than a sabbatical leave. An authorized leave of absence will not prejudice the bargaining unit faculty member’s eligibility for sabbatical leave.

Bargaining unit faculty members may be considered for subsequent sabbatical leaves after again satisfying the conditions specified in Section 2(a) or (b) above. Cases involving mixed terms of service may be adjusted by the Provost or designee, in accordance with the principles set forth in this Article.

Section 3. Applying for Sabbatical. Applicants for a sabbatical leave must present a careful statement of plans for the leave period, and a justification of the leave in terms of the criteria stated above. The request must be accompanied by an official application form, a curriculum vitae, and a description of current teaching; scholarship, research and creative activity; service; and other professionally relevant activities.

Section 4. For institutional convenience, and at the initiative and sole discretion of the institution, a sabbatical leave may be delayed by up to two years. In such instances, the faculty member will become eligible for a succeeding sabbatical leave after an equivalently reduced period of years. This section applies to a maximum of 14 consecutive years, covering two possible sabbatical leaves. The same agreement may be agreed to in subsequent fourteen-year periods.

Section 5. Salary received by a faculty member during a sabbatical shall be calculated as

follows:

(a)    Salary during sabbatical leave shall be a percentage determined under Section 5 (b) or (c) of this Article of the bargaining unit faculty member’s annual rate in effect at the time the sabbatical leave begins. The percentage is determined by multiplying the bargaining unit faculty member’s base salary rate at the time of sabbatical leave by the average FTE at which the faculty member was appointed during the 6.0 FTE years immediately prior to the sabbatical leave.

(b)   For faculty on 9-month appointment, salary shall be:
 

i.        One academic year (three terms) on 60% salary determined under Section 5(a);
 

ii.   Two-thirds of an academic year (two terms) on 75% salary determined under Section 5(a);
 

iii.  One-third of an academic year (one term) on 100% salary determined under Section 5(a).

(c)    For faculty on 12-month appointments, salary shall be:

i.              One year on 60% salary determined under Section 5(a);
 

ii.                  Two-thirds of a year on 75% salary determined under Section 5(a);

iii.                One-third of a year on 100% salary determined under Section 5(a).

Section 6. At the end of the sabbatical leave, the bargaining unit faculty member shall submit a report of the accomplishments and benefits resulting from the leave to the department head, the dean, and the Provost.

Section 7. Each bargaining unit faculty member, in applying for sabbatical leave, shall sign an agreement to return to the university for a period of at least one year’s service on completion of the leave. If a bargaining unit faculty member fails to fulfill this obligation, he or she shall repay the full salary paid during the leave plus the health care and retirement contribution paid by the University on his or her behalf during the leave. This amount is due and payable three months following the date designated in the sabbatical agreement for the faculty member to return to the university.

Section 8. Supplementing of Sabbatical Incomes. To the extent approved in writing by the Provost or designee, bargaining unit faculty members on sabbatical leave may supplement their sabbatical salaries to a reasonable degree, provided that such supplementation strictly conforms to the stated and approved purposes of the sabbatical leave.

Section 9. Effective Date. This Article applies to sabbaticals approved after the effective date of this Agreement.

Jury Duty: Article 34; Section 1

Section 1. When actual jury duty service interferes with the work assignment of a bargaining unit faculty member, he or she shall be entitled to leave with pay for the time away from work required by jury service and may keep any monies paid by the court for the service. Upon receipt of a summons to jury duty, a bargaining unit faculty member will inform his or her immediate supervisor of the date(s) for which the bargaining unit faculty member has been summoned to jury duty and will provide the supervisor with a copy of the summons.

Professional Development: Article 35; Sections 1-3

Section 1. The University recognizes the importance of encouraging and supporting bargaining unit faculty members in professional development activities that enhance university instruction; scholarship, research and creative activities; and service and that further the university’s academic mission. Professional development extends, but is not limited, to workshops, courses, professional conferences, and participation in professional organizations related to the bargaining unit faculty member's academic discipline and job duties.

Section 2. The faculty in each department or unit will begin the process of developing a written policy setting forth the procedures and criteria for applying for available professional development funds, by first considering any input provided by the department or unit head, dean, vice president, Provost, or designee. The faculty will submit their recommended policy to the appropriate dean, vice president, or designee for review. The dean, vice president, or designee will document and discuss any revisions he or she makes to the policy with the faculty before submitting his or her recommended policy to the Provost or designee. The Provost or designee will have final authority to establish the policy for each department or unit. If the Provost or designee materially alters the faculty-recommended policy, he or she will provide a written explanation for the change(s) to the faculty in the department or unit. The department or unit head, dean, vice president, Provost, or designee may initiate changes to established policies by informing the appropriate faculty of the change being considered, thereby initiating the process described in this Section.

Section 3. Approved policies shall provide that both Career NTTF and Tenure Track and Tenured Professor bargaining unit faculty members are eligible to compete for professional development funds in accordance with such policies.

Footnotes

1:
For the purposes of unpaid leave under Article 32, Section 22, the Provost’s designee for approval is Academic Affairs.

Sick Leave - OAR

OAR Sick Leave 580-021-0040 Oregon University System

Division 21, Conditions of Service
Oregon Administrative Rule (OAR) 580-021-0040
Sick Leave Plan for Academic Personnel

(1) Eligibility

All full-time academic staff will be credited with eight hours of sick leave for each full month of service, or two hours for each full week of service less than one month. Part-time academic staff employed .50 FTE appointment or more will be credited pro rata amount. Graduate assistants are not eligible to accrue or to use sick leave. An academic staff member whose appointment is less than .50 FTE is not eligible to accrue sick leave, but is eligible to use a prorate of sick leave accrued but unused while previously employed .50 FTE or more. In addition, sick leave is not earned or used during sabbatical leave, educational leave or leave without pay. Sick leave credit shall be earned during sick leave with pay and during other periods of paid leave. There is no limit on the amount of sick leave that may be accrued.

(2) Earned Sick Leave Use

Academic staff who have earned sick leave credits must use the credits for any period of absence from service that is due to the employee's illness, injury, disability resulting from pregnancy, necessity for medical or dental care, exposure to contagious disease or attendance upon members of the employee's immediate family (employee's parents, spouse, children, brother, sister, grandmother, grandfather, son-in-law, daughter-in-law or another member of the immediate household) where employee's presence is required because of illness or death in the immediate family of the academic staff member or the academic staff member's spouse. As an alternative, the academic staff member can request to be on sick leave without pay. The institution may require a physician's certificate to support the sick leave claim for any absence in excess of 15 consecutive calendar days or for recurring sick leave use. The institution may require a physician's certificate before allowing return to work to certify that the return would not be detrimental to the academic staff member or to others.

(3) Recordkeeping

At the time and in the manner prescribed by the Chancellor, each academic staff member covered by these provisions shall certify to the officer designated the amount of sick leave earned and the amount of sick leave with pay used. Sick leave records will be maintained in an appropriate file at the institution.

(4) Sick Leave Without Pay

The institutional president or designee may grant sick leave without pay for up to one year when the academic staff member has used all accrued sick leave with pay. The academic staff member must submit a written request for leave and shall be required to submit a physician's certificate. Extensions beyond one year may be granted on a year-by-year basis.

(5) Unearned Sick Leave Advance

The purpose of this section is to provide salary continuance for up to 90 calendar days of absence due to illness through a combination of accrued and advance sick leave. Each full-time academic staff member is entitled to receive a sick-leave-with-pay advance as needed to provide the difference between sick leave earned as of the onset of the illness or injury and 520 hours; part-time staff are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance. More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Sick leave that may have been advanced, but unused, cannot be considered for purposes of computing retirement benefits. Academic staff on fixed term appointment cannot receive an advance that extends beyond the end date of the fixed term appointment except upon written approval of the institution president or designee.

(6) Transfer and Termination

An academic staff member is entitled to transfer in unused sick leave earned with any other agency of the State of Oregon including sick leave earned in the classified service provided the break in service upon transfer does not exceed two years. An academic staff member who leaves employment with the State of Oregon and then returns is entitled to reinstate the previous unused, accrued sick leave. An academic staff member who terminates employment is not entitled to compensation for unused sick leave except in the calculation of the Public Employees' Retirement System (PERS) retirement benefit as provided in ORS 237.153. As used in this subsection, and for these purposes only, the term "any other agency of the State of Oregon" shall include and apply to the Oregon Health & Science University (OHSU).

(7) Summer Appointments

Regular nine-month academic staff employed half-time or more to teach summer session or to work on summer wage appointments are eligible to accrue and to use sick leave during the period of such appointment. Regular nine-month staff employed less than half-time during summer session are not eligible to accrue sick leave, but are eligible to use a prorate of sick leave earned but unused while previously eligible to accrue leave. Other summer session teaching staff hired only to teach summer session are not eligible to accrue or to use sick leave.

(8) Workers' Compensation Integration

The purpose of this section is to insure that an academic staff member who receives a workers' compensation payment for lost time resulting from a compensable job-related illness or injury and salary paid for the same period of time does not exceed the academic staff member's regular salary for that period, and that paid leave is not charged for the payment received from workers' compensation:

(a) Salary paid for a period of sick leave that is taken as the result of a job-related illness or injury compensable under workers' compensation shall be equal to the difference between the worker's compensation benefit for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. An academic staff member who is receiving workers' compensation time loss benefits can choose to use a prorated amount of accrued sick leave or a prorated amount of other accrued paid leave or sick leave without pay. Should an academic staff member elect to use other accrued paid leave for this purpose, instead of sick leave, the salary paid for this period shall be the difference between the workers' compensation benefit paid for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. In such instances prorated charges will be made against the accrued paid leave;

(b) An academic staff member is not entitled to keep both salary, including paid leave, and workers' compensation benefits if the total exceeds the employee's regular salary. Each institution is responsible for coordinating the proration of salary, including sick leave or other paid leave, with workers' compensation lost time benefits. The institution is entitled and is responsible to recover any salary overpayment that may have occurred. An academic staff member who receives a regular salary payment and a workers' compensation lost time benefit payment shall immediately notify the institutional payroll or other designated officer of such overpayment and shall return promptly to the institution the amount of the salary overpayment. The institution shall recover the amount of salary overpayment through payroll deduction or by cash payment according to existing institutional procedures.

Stat. Auth.: ORS 240 & ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 6-1984, f. & ef. 7-16-84; HEB 2-1985, f. & ef. 3-4-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 6-2001(Temp), f. & cert. ef. 12-5-01 thru 5-1-02; OSSHE 3-2002, f. & cert. ef. 5-1-02

580-021-0041 The purpose of this section is to insure that an academic staff member who receives a workers' compensation payment for lost time resulting from a compensable job-related illness or injury and salary paid for the same period of time does not exceed the academic staff member's regular salary for that period, and that paid leave is not charged for the payment received from workers' compensation:

(a) Salary paid for a period of sick leave that is taken as the result of a job-related illness or injury compensable under workers' compensation shall be equal to the difference between the worker's compensation benefit for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. An academic staff member who is receiving workers' compensation time loss benefits can choose to use a prorated amount of accrued sick leave or a prorated amount of other accrued paid leave or sick leave without pay. Should an academic staff member elect to use other accrued paid leave for this purpose, instead of sick leave, the salary paid for this period shall be the difference between the workers' compensation benefit paid for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. In such instances prorated charges will be made against the accrued paid leave;

(b) An academic staff member is not entitled to keep both salary, including paid leave, and workers' compensation benefits if the total exceeds the employee's regular salary. Each institution is responsible for coordinating the proration of salary, including sick leave or other paid leave, with workers' compensation lost time benefits. The institution is entitled and is responsible to recover any salary overpayment that may have occurred. An academic staff member who receives a regular salary payment and a workers' compensation lost time benefit payment shall immediately notify the institutional payroll or other designated officer of such overpayment and shall return promptly to the institution the amount of the salary overpayment. The institution shall recover the amount of salary overpayment through payroll deduction or by cash payment according to existing institutional procedures.

Stat. Auth.: ORS 240 & ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 6-1984, f. & ef. 7-16-84; HEB 2-1985, f. & ef. 3-4-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 6-2001(Temp), f. & cert. ef. 12-5-01 thru 5-1-02; OSSHE 3-2002, f. & cert. ef. 5-1-02

580-021-0041

Transfer of Accumulated, Unused Sick Leave

(1) OUS academic and administrative unclassified staff may transfer unused accumulated leave balances between the OUS and state agencies, subject to sick leave transfer provisions in (3) and (4), and applicable collective bargaining agreements.

(2) For purposes of this rule, a "state agency" includes all state agencies in the executive, judicial, or legislative departments of the State of Oregon. Special government bodies, including community colleges, school districts, education service districts, are not considered state agencies for purposes of this rule. Local government public employers other than state agencies are likewise ineligible to transfer unused leave to or from the OUS.

(3) Assumption of Funding Liability. Hiring agencies and departments assume funding liability for sick leave transferred under the provisions of this rule.

(4) Sick Leave. The full amount of accumulated, unused sick leave available at the time an employee separates from service may be transferred to an OUS institution or state agency when the employee is hired. Unearned, advanced sick leave that results in a negative sick leave balance is neither transferred nor accepted by OUS institutions.

(a) Accumulated, unused state agency sick leave earned during employment with a state agency, including leave earned in classified service, may be transferred to the hiring OUS institution if the break in service does not exceed two years, subject to approval of the hiring institution.

(b) Accumulated, unused sick leave earned during employment with an OUS institution shall be transferred to the hiring state agency if the break in service does not exceed two years, subject to the rules of the state agency.

Stat Auth: ORS 351.070
Stats. Implemented:
Hist.: OSSHE 1-2004(Temp), f. & cert. ef. 4-6-04 thru 10-2-04; OSSHE 8-2004, f. & cert. ef. 9-29-04

Vacation Leave: Unrepresented Faculty

OAR Vacations 580-021-0030

Oregon University System
Division 21, Conditions of Service
Oregon Administrative Rule (OAR) 580-021-0030
Vacation

(1) Eligibility

Vacation means absence from work permitting rest and recreation for a specified period of time during which regular compensation continues. Unclassified employees gain vacation privileges only if employed at .50 FTE or more on a 12-month appointment.

(2) Computation

Eligible unclassified employees accrue vacation on a monthly basis, beginning the first of the month following date of hire or on the first of the month if an employee is hired the first working day of the month. Vacation accrues on the last day of the month and is available for use the first day of the next month subject to the restrictions in Section (3) of this rule. A 9-month employee appointed to a 12-month contract may receive credit for the previous 9-month contract on a pro-rata basis. Eligible employees with a 12-month, 1.0 FTE contract accrue 15 hours of vacation per month; eligible employees on a .50 FTE or more 12-month contract accrue vacation in proportion to their FTE. An employee who terminates OUS employment before completing the 6-month wait period receives no vacation and is not entitled to compensation for vacation accrued. On February 28, 1998, eligible employees shall be credited with vacation leave on a pro-rata basis at a rate of 14.67 hours per month as if monthly accrual had begun on their last vacation anniversary date or, for those employed fewer than 11 months, on their date of hire.

(3) Wait Period and Maximum Balance

Vacation accrual is available to the unclassified employee for use six months after vacation accrual begins. Until September 1, 1999, there will be no maximum limit on the amount of vacation leave that an employee can accrue. However, effective September 1, 1999, no employee may accrue in excess of 260 hours, and any accrued vacation leave in excess of this cap will be forfeited.

(4) Transfer, Inter-institutional/Unclassified to Unclassified

If an eligible unclassified employee transfers to another unclassified position within the Department and remains eligible for vacation accrual, the employee shall transfer all accrued vacation leave to the new position. However, if there is a break in service of more than 30 days, all accrued vacation pay will be paid off by the sending institution and the employee will be considered a new hire in the new position. Moving from position to position within the same institution shall not be considered a transfer or a break in service for purposes of this rule.

(5) Classified to Unclassified Appointment

If a classified employee of the Department receives an unclassified appointment within the Department and is eligible for vacation leave, the employee may bring up to 80 hours of accrued vacation leave; the receiving department or institution may accept up to 250 hours maximum. The former classified employee shall receive cash compensation from the sending department or institution for any remaining accrued vacation leave. The former classified employee may use accrued vacation without serving a 6-month wait period.

(6) Reduction of Vacation Leave

The accrual of vacation leave is reduced on a pro-rata basis for the period of leave without pay, sabbatical leave and educational leave. Vacation leave is accrued during other periods of paid leave.

(7) Payment for Accrued Vacation Leave

Unclassified employees are not entitled to payment for unused vacation leave except upon termination of employment or upon transfer within the Department to another unclassified position not eligible for vacation benefits. Unclassified employees who transfer to a classified position within State of Oregon employment are subject to applicable OUS rules or collective bargaining agreements governing payment for accrued vacation. The maximum number of hours that can be paid upon termination or transfer is 180 hours.

(8) Scheduling and Use of Vacation Leaves

Vacation leaves are scheduled with the approval of the employee's supervisor and should be planned cooperatively with the employee. Vacation leave should be scheduled in such a manner as to minimize disruption to the organization. Supervisors must be reasonable in allowing the use of vacation leave and may not unreasonably deny vacation requests where the result would be the forfeiture of accrued vacation. For purposes of calculation, one normal work day is the equivalent of eight hours of vacation leave for a full-time employee.

(9) Record Keeping

Each institution is responsible for maintaining the individual records of vacation accrual and use.

(10) Vacation Donation

The transfer of vacation time, for use by another employee, classified or unclassified, is not permitted.

(11) Vacation Borrowing

Employees are not permitted to borrow against vacation that is not yet accrued.

(12) Interim Provisions for Employees Moving from Management Service to Unclassified Service

Vacation leave for employees in management service on November 1, 1996, shall be provided by the policies established in this section.

(a) For those employees who were employed in management service at the time of conversion of their positions to unclassified or academic service on November 1, 1996, up to 176 hours of the employee's current vacation accrual balance shall be credited to each employee's active vacation account. Any hours in excess of 176 hours will be maintained in a reserve vacation account for the employee. Employees have 36 months, until November 1, 1999, to draw upon the reserve vacation account according to the provisions of section (8) of this rule. An employee may be paid for any or all of the hours in the employee's reserve vacation account at the institution's discretion. On November 1, 1999, the institution will pay the employee for any remaining balance in the employee's reserve vacation account at the employee's rate of pay on that date.

(b) Notwithstanding the provisions of subsection (12)(a) of this rule, if an employee's employment with the Department ends prior to November 1, 1999, the employee may receive payment for no more than 250 hours of accrued vacation time. Employees will be paid at the rate of pay they are receiving on their last day of employment with the Department.

(c) Employees who were management service employees on November 1, 1996, and who retired from the Department by June 30, 1997, will accrue vacation on a monthly pro-rata basis at the rate of 176 hours per year between November 1, 1996, and their retirement date.

Parental and Medical Leaves

Hardship Leave Procedure

Employee wishing to receive donated leave

Employee wishing to donate vacation hours

  • Complete the Authorization for Transfer of Leave form with signature and date.
  • Submit the completed authorization form to your departmental payroll facilitator who will forward it to Human Resources.

Eligibility and leave adjustment

Human Resources determines eligibility to participate and calculates the value and amount of the transfer. Human Resources notifies the union that an authorized application is waiting for donations. Human Resources then inputs the appropriate leave adjustment.

When an employee is placed on leave without pay the hardship leave that has been donated is paid out with a manual check request form in amounts equal to the employee's normal schedule and/or the standard work hours in the month.

For example, Melinda is a full-time classified employee paid on a salary basis, or employee class, CA. She has exhausted her leave balances and is placed on leave without pay for March. Meanwhile, leave donations are made which total 194 hours.

For March pay, a manual check request (MCR) is completed by using earn code: LTS, 173.33 hours. This will result in a full paycheck, but to account for the entire 184 hour absence, a leave adjustment must also be made which will further reduce the sick leave by 10.67 hours. Hardship leave is not paid in 80 hour increments when the employee would otherwise work full-time.

If you have questions, please contact the Medical Leaves Coordinator in Human Resources at (541) 346-2950 or HRLeaves@uoregon.edu. Forms are available online or from Human Resources at (541) 346-3159.

Hardship Leave Application form

File Type (ext): 
pdf

Authorization for Transfer of Leave Form

File Type (ext): 
pdf

Family and Medical Leaves

Employees who need time off from work to take care of a new child, or deal with serious health situations involving their family or themselves, should contact their supervisor to request the time off. The supervisor should notify Human Resources as soon as the employee requests the leave so the proper documentation can be sent to the employee.

Forms

Additional Resources

FMLA Q & A

Introduction

What is it?

1. What is the Family and Medical Leave Act?
2. Does Oregon have a family and medical leave law?
3. Who should I contact if I need time off for myself or a family member?

Am I Eligible?

4. How do I know if I am eligible for family and medical leave?
5. What family and medical leave reasons qualify?
6. How do I know if I have a serious health condition or a family member has a serious health condition?
7. What is the definition of a family member?
8. What is the definition of a son/daughter?
9. How does the law define a parent?
10. If I have an injury that qualifies under Workers' Compensation, does it qualify for FMLA and OFLA?

How much time can I take?

11. How much time am I eligible to take for a family and medical leave reason?
12. If my spouse also works at UO, can we both take 12 weeks to care for a new child?
13. Since leave that qualifies as both FMLA and OFLA runs concurrently, does OFLA ever allow me to take more time off than FMLA does, or to take time off for reasons that do not qualify under FMLA?
14. What are some examples of time off that qualify under OFLA, but not FMLA?
15. Can I take intermittent or reduced hour leave for a serious health condition?
16. Can I take intermittent or reduced hour leave to care for a new child?

What happens to my pay and benefits?

17. Will I receive pay while I am on FMLA and OFLA leave?
18. Can I use all of my accrued paid leave before my time off is designated as family and medical leave?
19. What happens to my benefits while I am on unpaid family and medical leave?
20. Do I accrue seniority while I am on family and medical leave?

What kind of notices and medical certification are required?

21. How do I request family and medical leave?
22. Do I have to specifically request family and medical leave to receive job protection for my time off?
23. Who is responsible for designating the leave as family and medical leave qualifying?
24. Do I have to provide a medical certification for my or my family member's serious health condition?
25. Is the information included in my medical certification confidential?

Will I be reinstated to my previous job?

26. Can I return to my job when my leave ends?
27. What if I am hired only for a specific project or a limited duration and that project or job ends while I am on family and medical leave? Am I eligible for reinstatement when my leave ends?
28. If I have a condition that qualifies under family and medical leave and Workers' Compensation (WC), how does this affect my reinstatement rights?

Scenarios

Conclusion


1. Introduction

Passed in the mid-1990s, the Family Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) provide employees with leave from work for their own or their families medical needs, including time off to care for a new child. Because the University of Oregon has had "family friendly" leave policies for many years, the FMLA and OFLA do not provide university faculty and staff with additional time off. They do, however, strengthen employee rights to take such leave without jeopardizing their jobs and guarantee that the university's contribution to health benefits is continued during paid and unpaid leaves.

Here are the most common questions-and-answers followed by scenarios depicting common FMLA and OFLA situations. Because your individual circumstances undoubtedly will differ, we urge you to contact Human Resources for consultation on your specific situation.

The FMLA and OFLA are only part of the university services, benefits and policies available to you when you or a family member face a health problem. As you consider your individual situation and needs, be sure to consult the collective bargaining agreement and applicable policies on paid leave such as sick leave and vacation, long- and short-term disability coverage, leave without pay, and so forth.

What is it?

1. What is the Family and Medical Leave Act?

The Family and Medical Leave Act of 1993 (FMLA) is a federal law designed to help you preserve your job and benefits when you need time off from work to take care of a new child or deal with serious health situations involving your family or yourself. FMLA can help you be confident of your decisions as you balance family needs with your work schedule. You can take time off to attend to such critical life events without losing your employment and health insurance coverage.

2. Does Oregon have a family and medical leave law?

Yes. The state has the Oregon Family Leave Act (OFLA). However, in most cases, OFLA leave also qualifies as FMLA leave. As long as leave qualifies under both the FMLA and OFLA, its use is counted against both entitlements so employees are usually not eligible for more time off under OFLA. In some cases, OFLA does provide more time off than FMLA and the additional time is then charged only against the employee's OFLA leave balance. Refer to question 14. OFLA provides job and benefit protections for qualifying time off.

3. Who should I contact if I need time off for myself or a family member?

Human Resources (HR) encourages employees to call if they have questions about the basis for leaves and the procedures for requesting leave. HR staff are available for one-on-one appointments to discuss the specifics of your situation and how the law, in conjunction with other benefits, can help you.

HR provides information about FMLA and any other laws, collective bargaining agreements, or policies that provide employees time off. You can also access this information on the HR web site at http://hr.uoregon.edu

Am I Eligible?

4. How do I know if I am eligible for family and medical leave?

To qualify for FMLA, you must have 12 months of service with the State of Oregon (does not have to be consecutive) and you must have worked at least 1,250 hours during the 12 months preceding the date your leave begins. If you do not qualify for FMLA, you might be eligible for OFLA. You must have been employed for at least 180 calendar days and have worked an average of 25 hours a week (except for parental leave which does not require the weekly average) to qualify for OFLA. In most cases, employees qualify for both FMLA and OFLA at the same time.

5. What family and medical leave reasons qualify?

Leave taken for the following reasons is designated as FMLA and OFLA:

  1. Your serious health condition
  2. A family member's serious health condition
  3. Care for your child after birth, adoption or foster care placement

OFLA also allows you to take time off to care for a child at home with a cold or some other non-serious condition requiring home care, but FMLA does not.

6. How do I know if I have a serious health condition or a family member has a serious health condition?

The definition of a serious health condition includes:

  1. Hospital care
  2. Absence of four days or more plus treatment two or more times (also includes one treatment and continuing supervision)
  3. Pregnancy complications, postpartum healing
  4. Chronic conditions requiring treatments
  5. Permanent long-term conditions requiring supervision
  6. Multiple treatments (non-chronic conditions)

The OFLA definition of a serious health condition closely tracks the FMLA serious health condition definition.

7. What is the definition of a family member?

Under FMLA, a family member includes a son, daughter, spouse or parent. The OFLA definition is the same, but also includes a parent-in-law and same-gender domestic partner. FMLA protections do not extend to same or opposite-gender domestic partners although UO sick leave policies do in some instances.

8. What is the definition of a son/daughter?

A son/daughter is defined as any child under 18, or over 18 if incapable of self-care, who is a biological, adopted, or foster child, a stepchild or a legal ward, or a child for whom you are financially responsible and supervise on a day-to-day basis. The OFLA definition is the same, but also includes an adult child, over 18 and not substantially disabled, who needs care for a serious health condition.

9. How does the law define a parent?

A parent is defined as any individual who had day to day and financial responsibility for you when you were a child. A grandparent, aunt, uncle, etc. could be considered to be your parent.

10. If I have an injury that qualifies under Workers' Compensation, does it qualify for FMLA and OFLA?

It depends. If the injury meets the definition of a serious health condition and you qualify for family and medical leave, the employer must designate your time off as FMLA and OFLA and you will be eligible for the protections the laws offer.

How Much Time Can I Take?

11. How much time am I eligible to take for a family and medical leave reason?

You are eligible for up to 12 weeks of leave designated as FMLA and OFLA during any 12-month period. The University uses the "rolling backward" method to calculate the 12-month period. This is the 12-month period measured back in time from the date you request any family and medical leave. You are eligible for a combined total of 12 weeks for the reasons listed above. In some cases, OFLA may provide more time off. See question 14.

12. If my spouse also works at UO, can we both take 12 weeks to care for a new child?

Under FMLA, you and your spouse will have to share the 12 weeks to care for a new child. It is up to you how you split the 12 weeks. However, OFLA is more generous and each parent has an individual 12 week entitlement, even if both employees work for the same employer. The shared 12 weeks would be counted as FMLA leave and the additional time would be counted as OFLA leave.

13. Since leave that qualifies as both FMLA and OFLA runs concurrently, does OFLA ever allow me to take more time off than FMLA does or to take time off for reasons that do not qualify under FMLA?

Yes. In some cases, OFLA is more generous than FMLA and allows you to take more than the 12 weeks available under FMLA or allows you to take time off before you qualify for FMLA. Time off that qualifies only under OFLA, is designated only as OFLA leave. Time off that qualifies under both FMLA and OFLA leave is counted against the 12 weeks available under both laws. Remember, employer paid health insurance is not available if you are on leave without pay that qualifies only as OFLA, not FMLA.

14. What are some examples of time off that qualify under OFLA, but not FMLA?

  1. Both mothers and fathers are entitled to leave for birth, adoption or placement of foster children. Each parent has an individual 12-week entitlement under OFLA, even if both employees work for the same employer. Under FMLA, parents must share the 12 weeks of leave if they work for the same employer
  2. OFLA includes a parent-in-law and same-gender domestic partner in the definition of an eligible family member, but FMLA does not. Under OFLA, an employee may take 12 weeks off to care for a parent-in-law or same-gender domestic partner, but that time off may not be charged against the FMLA entitlement. Assuming no other family leave was used in the leave year, an employee would have 12 full weeks available under FMLA if an eligible family member developed a serious health condition
  3. Under OFLA, an employee must be allowed to take family leave for any illness or injury of a child that requires home care, although there is no serious health condition. This time cannot be charged against the FMLA leave
  4. OFLA allows an employee to take time off to care for an adult child over the age of 18 (does not have to be incapable of self-care) who has a serious health condition
  5. Generally, OFLA entitles employees to 12 work weeks of leave in a 12-month period. There are however, two exceptions:
    1. An employee who takes family leave because of a pregnancy-related medical condition is also entitled to an additional 12 weeks of OFLA leave for any other family leave purpose
    2. An employee using the full 12 weeks of OFLA leave to care for a newborn or newly-adopted or placed foster child is entitled to an additional 12 weeks of sick child leave. If the employee takes less than 12 weeks of parental leave, the employee can use the balance of the 12 weeks for any other OFLA family leave purpose.

15. Can I take intermittent or reduced hour leave for a serious health condition?

Yes. If your health care provider states you need to work an intermittent or reduced hour schedule for a serious health condition, you can reduce your hours or use leave intermittently. Your health care provider must indicate a schedule of time off for visits or treatments or the likely duration and frequency of episodes of incapacity.

16. Can I take intermittent or reduced hour leave to care for a new child?

Yes, with your supervisor's approval. The regulations say employees are intermittent or reduced hour leave within a set time frame. Check with your supervisor. Your leave must be taken within 12 months after the birth or placement for adoption or foster care.

What Happens to my Pay and Benefits?

17. Will I receive pay while I am on FMLA and OFLA leave?

Family and medical leave laws provide job protection for time off, but not pay. You will receive pay only if you have accrued paid leave (sick, vacation, personal) available to use. Both parents are permitted to use any accrued sick leave during a parental leave.

Classified employees:

  • are required to use any available accrued leave (sick, vacation and personal), with one exception, before going on leave without pay. The one exception is classified employees can request in writing that up to 40 hours of vacation leave be retained for use after the leave ends. This request must be included in the written request for leave without pay submitted to the department. For more information on paid leave see: http://hr.uoregon.edu/policy/
  • are not required to use compensatory time before going on leave without pay. However, they can elect to use compensatory time.  These hours will still be counted against FMLA and/or OFLA entitlement.
  • receiving Worker's Compensation are not required to use accrued paid leave before going on leave without pay.

Unclassified employees:

  • can elect to use unpaid leave instead of accrued paid leave (sick and vacation).
  • can request an unearned sick leave advance (if eligible) for their own medical condition.
    • An unearned sick leave advance can be used by the mother (if eligible) for the period of disability (birth and post-partum healing), but cannot be used for parental leave beyond the period of disability. Only accrued paid leave can be used for parental leave.
  • See http://hr.uoregon.edu/policy/oa-sick-leave.html for more information about the sick leave advance.

Please use your normal reporting process to let your department know what type of leave you are using. In addition, you will be required to complete an FMLA and/or OFLA attendance record each month to verify your family and medical leave.

18. Can I use all of my accrued paid leave before my time off is designated as family and medical leave?

No. It runs concurrently. Family and medical leave does not start after paid leave is used up. The designation is based on the reason you are taking the leave, not whether you are on paid leave or unpaid leave. Family medical leave actually protects your job, unlike sick leave, because you cannot be disciplined for missing time for a qualifying reason. If you have questions about sick leave, refer to your Collective Bargaining Agreement (classified employees) or the Oregon Administrative Rules (unclassified employees). You can access this information on the HR web site at:http://hr.uoregon.edu

19. What happens to my benefits while I am on unpaid family and medical leave?

If you qualify for FMLA and/or OFLA, the university's contribution for your medical and dental benefits continues during your leave even if you are on leave without pay. We will let you know in writing when your regular benefits end and when you become eligible for benefits under FMLA. When you are on unpaid leave, you will be required to pay the portion of the medical and dental premium that is normally deducted from your paycheck. You are also eligible to pay for any additional plans you wish to continue during your unpaid leave.

If you return during the twelve weeks allowed under family and medical leave, or the day immediately after the twelve weeks ends, your coverage will be reinstated effective the first of the next month. If you do not return immediately after the twelve-week period ends, you must meet the 80 hour rule before coverage becomes effective. This means you must work at least 80 hours or .50 FTE in the month you return to be eligible for coverage the following month.

20. Do I accrue seniority while I am on family and medical leave?

You accrue seniority while you are on paid leave. You do not accrue any seniority while on unpaid family and medical leave.

What Kinds of Notices and Medical Certification are Required?

21. How do I request family and medical leave?

If the need for your leave is foreseeable, you must provide advance written notice to your supervisor using the Request for Leave form available on the HR website at http://hr.uoregon.edu , in your department, or HR. Also contact HR immediately at 346-2950. Because medical information is confidential, the Request for Leave form lists only "serious health condition" as a reason if you or your family member has a medical problem. The form does not ask you to describe your health condition.

If the need for your leave is not foreseeable, contact your supervisor as soon as possible. Your supervisor will contact HR.

22. Do I have to specifically request family and medical leave to receive job protection for my time off?

No. However, you must provide enough information about the reason for your absence so your supervisor realizes that your time off may qualify as FMLA and OFLA leave. The Request for Leave form includes both FMLA and OFLA qualifying reasons and definitions.

23. Who is responsible for designating the leave as family and medical leave qualifying?

The Family and Medical Leave Act states that, in all circumstances, it is the employer's responsibility. HR is responsible for designating your leave as FMLA and/or OFLA qualifying based on the reason for your leave and counting your leave toward your 12-week entitlement.

24. Do I have to provide a medical certification for my or my family member's serious health condition?

Yes. You have 15 days from the date HR is notified of the leave to provide the medical certification. Certification is required for pregnancy complications, but is not required for the birth or to care for a newborn. To qualify for FMLA and OFLA, your doctor must certify that you have a serious health condition and must also state that you are unable to work because of it.

25. Is the information included in my medical certification confidential?

Yes. A return envelope marked "confidential" is included with the form for you or your doctor to use to return your medical certification to HR. Medical certifications are kept in a separate, locked cabinet, apart from your personnel file.

Your supervisor does not receive a copy of the medical certificate. HR shares only information that is consistent with business necessity (i.e., the date your leave begins, the date your leave ends, and whether you will be off intermittently or will work reduced hours) with your supervisor.

Will I be Reinstated to my Previous Job?

26. Can I return to my job when my leave ends?

When you return from both FMLA and OFLA leave or only OFLA leave, you are entitled to your same position if it still exists or to another if your position was eliminated. Your benefits will also be reinstated. Remember, in order to receive this protection, you must qualify under the family and medical leave acts and your physician must confirm that you can perform all the essential functions of your job when the twelve-week period ends. If you return at a later date, you may be returned to your same or similar position in accordance with applicable leaves and policies.

27. What if I am hired only for a specific project or a limited duration and that project or job ends while I am on family and medical leave? Am I eligible for reinstatement when my leave ends?

No. Neither FMLA or OFLA give you any protections you would not have had if you had not taken family and medical leave.

28. If I have a condition that qualifies under family and medical leave and Workers' Compensation (WC), how does this affect my reinstatement rights?

If you are partially released to return to work under the WC law, the University must offer you a suitable, available position. You must accept the offer or risk losing reinstatement rights under WC. You are not obligated to return to work under family and medical leave until you can perform all the essential functions of your job. Therefore, while you may lose reinstatement rights under WC, you would not lose them under FMLA and OFLA provided you were able to return to your former job by the time your 12 weeks ends.

 

Scenarios

These scenarios illustrate typical situations which faculty and staff members may face and how the family and medical leave and university policies apply. They assume that the hypothetical employees meet the eligibility criteria and that the reason for leave qualifies them for family and medical leave. The scenarios are intended to help you better understand your rights, but cannot be conclusive for all cases. More complete information may be found in the questions and answers document on the preceding pages.

For your convenience, the most relevant questions and answers have been noted in each of the following scenarios. Employees needing leave for family or personal illness or birth or adoption of a child should contact Human Resources (HR) to discuss the specifics of their situation. Medical certification or other documentation may be required to determine eligibility.

These six scenarios may prompt as many questions as they've answered. Contact Human Resources at (541) 346-3159 for more information.

Scenario #1 - Childbirth

Alison has just learned that she is pregnant with her first child. She's excited about starting a family, but knows she needs to continue working after the baby is born. She doesn't know what's available to her and what she needs to do. Now what?

Pregnancy is covered under the family and medical leave, so Alison is eligible for 12 weeks of leave and entitled to return to her job. ( See questions 4 and 26.) She should contact HR to get information about family and medical leave and her insurance coverages.

At the point when Alison is ready to share the news in her department, she should notify her supervisor (using the Request for Leave form) indicating that she needs time off for childbirth and to care for her new baby. She will receive information from HR regarding medical certification and designation of FMLA and OFLA. (See questions 21 to 25.)

Over the time of her pregnancy, Alison should plan how she might like to use her family and medical leave. She may chose to take her 12 full weeks of parental leave consecutively or, with her supervisors approval, she can return to work part-time or work intermittently after the birth of her baby. ( See question 16.) She may need to stop working before the delivery date, and therefore, may be eligible for more than 12 weeks of leave since OFLA leave is more generous. If she has a husband or partner who also works for UO, both may be eligible for family and medical leave and they can coordinate time off accordingly. (See question 12 & 14)

Alison may use accrued sick and vacation leave during her time off. If Alison is a classified employee and, if she wants to use leave without pay, Alison must first exhaust her sick and vacation balances. She can request in writing that up to 40 hours of vacation leave be retained for use after her leave ends. If she is a faculty member, exhausting paid leave is not a requirement. (See question 17). If she holds a tenure track position, she may want to contact the Provost's office to explore the university policy which delays the tenure clock for pregnancy and child birth.

If Alison is an unclassified employee, she may request an unearned sick leave advance (if eligible) for her period of disability (birth and post partum healing), but not for her parental leave to bond with her child.

After the birth, she should contact the Benefits Section in HR to enroll her newborn in insurance coverage.

Scenario #2 - Adoption

John is preparing to adopt a child in two months. He wonders if he will be entitled to family and medical leave.

Caring for a child after adoption or foster care placement qualifies for FMLA and OFLA, so John will be eligible for up to 12 weeks of family and medical leave to spend time with his new child. (See question 5.)

He will need to notify his supervisor (using the Request for Leave form) requesting time off to care for the new child. He will be asked to specify how much time off he wishes to take and if he plans any part-time work combined with FMLA and OFLA. (See question 16 and 21.) If he has a wife or partner who also works for UO, both may be eligible for FMLA and OFLA, and they can coordinate time off accordingly. (See question 12 &14.) He should also contact HR to discuss family and medical leave and enrolling the new family member in health and dental insurance.

Scenario #3 - Medical Condition of a Family Member

Sara just learned that her mother had a stroke. She needs to travel to the Midwest to take care of her mother and make long-term care arrangements if necessary.

Sara is eligible for up to 12 weeks of family and medical leave to care for her mother. (See questions 5 and 6.) Using the appropriate form, she needs to request the leave from her supervisor and to contact HR immediately. If she needs to leave before she can do this, she should contact her supervisor as soon as possible and her supervisor will contact HR.(See question 21.) She will need to provide medical certification for her mother's health condition within 15 days. (See question 24.) Because Sara is a faculty member, she may elect to use sick leave, vacation, or unpaid leave during this time, but it all counts toward her 12 weeks of family and medical leave. (See questions 17 and 18.)

If Sara has to take time to move her mother to a care facility, that will also be covered by the FMLA and OFLA. Should her mother pass away during the 12 weeks, Sara will no longer be eligible for family and medical leave, but may use sick leave to attend to her mother's funeral and be with family members during this difficult time.

Scenario #4 - Out Sick

Eric is out for a full week with strep throat. He went to the doctor and got a prescription for an antibiotic. Is he covered by family and medical leave?

Yes. He was treated by the doctor only once but was under continuing supervision because he was asked to let his doctor know if his condition improved after taking the antibiotics. (See question 6.) If his doctor hadn't prescribed antibiotics, Eric's time off would not be protected by FMLA and OFLA, but he would be eligible to use sick leave.

Scenario #5 - Serious Health Condition

Molly's daughter has food allergies which are sometimes so serious she has to stay home with her and which require frequent doctor's office visits.

After requesting the time off using the Request for Leave form and providing the medical certification required, Molly learns from HR that her daughter's allergies qualify as a serious health condition and she is entitled to use FMLA and OFLA. (See questions 6, 15, and 21 - 25.) Molly will need to inform her supervisor when she is taking leave intermittently for this reason and complete the FMLA and/or OFLA time sheets accurately to track the authorized leave. This time off may qualify for sick and vacation leave.

Scenario #6 - Major Surgery

Michael was recently diagnosed with cancer and faces major surgery that will keep him off work for roughly six weeks. The surgery will be followed by chemotherapy, which may mean he is unable to work full-time. How will both the surgery and chemotherapy be covered?

Michael's illness fits the definition of a serious health condition under the FMLA and OFLA because it involves hospital care, lengthy absence, and treatment for a chronic condition. (See question 6.) He would use FMLA and OFLA for the six-week period he is off having major surgery. For the chemotherapy, he may use the remaining six weeks intermittently or by working part-time. (See question 15.)

Let's assume Michael has 4 weeks of sick leave and 3 weeks of vacation. Because Michael is a classified employee, he must use all his paid leave before taking leave without pay. ( See question 17 .) He would use the six weeks of accrued leave for his surgery and use the remaining week for his intermittent leave or reduced hours. In addition, he will also accrue sick and vacation leave during this time.

Michael might also be eligible for hardship leave as described in Article 41, Section 8 of the SEIU collective bargaining agreement. It provides a mechanism for classified employees to donate vacation to other classified employees who face a significant health problem.

Conclusion

Because your individual circumstances undoubtedly will differ, we urge you to contact Human Resources at (541) 346-3159 for consultation on your specific situation.

FMLA Q & A for Supervisors

Frequently Asked Questions for Supervisors

1. Who do I contact if I have questions about an employee who needs to take time off for family and medical (serious health condition) needs?

Medical Leaves Coordinator - Kenny Ly at 346-2950

2. Who should I contact if I am dealing with an employee relations problem and the employee has also requested FMLA or OFLA protected leave?

Medical Leaves Coordinator - Kenny Ly at 346-2950

3. Who do I contact if I need to have the paperwork sent to an employee who is going to be off for a family or medical need, or have questions about the necessary forms?

Medical Leaves Coordinator - Kenny Ly at 346-2950

4. Why is it important to let Human Resources know if employees need time off from work to take care of a new child, or deal with a serious health condition involving their child, spouse or parent, or themselves?

The Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) strengthen employees' rights to take such leave without jeopardizing their jobs and guarantee that the university's contribution to health benefits (FMLA only) is continued. Although employees have sick leave, the university is obligated to give them the added job protection under the federal and state laws. Employees cannot be disciplined for missing work if the time is FMLA or OFLA approved leave. Employees can be disciplined for non-FMLA absences and performance issues unrelated to FMLA or OFLA. Employees who qualify for a protected leave are eligible for up to 12 weeks (sometimes more if OFLA applies) of leave if they have not used any in the past 12 months.

5. As the supervisor, when do I need to notify Human Resources that I have an employee who is going to be off for a family or medical (serious health condition) need?

You need to contact Human Resources as soon as your employee gives you notice. The UO is obligated to designate the time as job protected within two business days of your date of knowledge. It is often difficult to determine whether an employee is off for a serious health condition so we suggest that you call if your employee is seeing a doctor and is ill for at least four consecutive days, or continues to miss time intermittently. Human Resources will help you determine whether your employee might qualify for FMLA or OFLA leave.

Do not wait until an employee has used up paid leave before you contact Human Resources. The University of Oregon is required to designate the leave as FMLA as soon as your employee is out for a serious health condition, or birth of a child, or placement of an adopted or foster child.

6. As a supervisor, what are my obligations and options regarding employees who can return to work, but are unable to perform all of the duties assigned to their position?

If the physician sends Human Resources a certification stating an employee cannot perform all of the duties of their job, you are not required to allow the employee to return to work even if the employee can perform some of the duties. The employee would continue to be eligible for time off under FMLA up to a maximum of twelve weeks. However, the employee can request an accommodation under the American's with Disabilities Act and if eligible, you would be required to provide the accommodation and allow the employee to return to work. If the physician states an employee can perform all of the job duties, but needs to work a reduced or intermittent schedule, you would be required to allow your employee to return to work.

Setting aside the legal obligations, it may benefit your operation and the employee to permit him/her to return to work with some restrictions. As stated above, you are not required to do so, but it is an option. It will be important to ensure that the employee's physician has released him/her for the activities to be performed.

Employee Leave Forms

Medical Certificate form -Employee

Description: 

CERTIFICATION OF PHYSICIAN OR PRACTITIONER EMPLOYEE HEALTH CONDITION Return to: Human Resources, 677 East 12th Ave., Ste. 400
5210 University of Oregon, Eugene OR 97403-5210
Fax: 541-346-2548
I. Employee's Name:
A. If the employee’s condition qualifies under any of the following categories for serious health conditions, please check them. See back for a definition of each category.
 (1) Hospital Care  (4) Chronic Conditions Requiring Treatments
 (2) Absence Plus Treatment  (5) Permanent/Long-term Conditions Requiring Supervision
 (3) Pregnancy (Incapacity)  (6) Multiple Treatments (Non-Chronic Conditions)
 None apply
B. Describe the medical facts that support the category you checked:
C. Date condition commenced:
D. Length of incapacitation:
II. First Day off Work:
A. Is employee able to perform work of any kind during the period of incapacity?
 Yes  No (If ‘no’, skip to III)
If yes, please describe:
 Reduced Schedule Date Reduced Schedule begins:
Please indicate number of hours per day/days per week, etc. employee may work.
 Intermittent Leave Date Intermittent Schedule begins:
Please describe schedule and length of time for intermittent leave schedule. Regimen of treatment to be prescribed. (Indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment, if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee's normal schedule of hours per day or days per week.)
B. Is employee able to perform the functions of employee's position during the period of incapacity? (Answer after reviewing statement from employer of essential functions of employee's position or, if none provided, after discussing with employee).
 Yes, can perform all functions.
 No, cannot perform at least one of the functions. List functions employee is unable to perform:
III. Date employee can return to regular work without restrictions:
Signature of Health Care Provider Date
Address Type of Practice
A “Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity1
or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment
a. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment2
two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; OR
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment3
under the supervision of a health care provider.
3. Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments
A chronic condition which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis)
NOTE TO CARE PROVIDER: The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
1"Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.
2Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.
3A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

File Type (ext): 
pdf

Medical Certificate form -Family

Description: 

CERTIFICATION OF PHYSICIAN/PRACTITIONER
FAMILY MEMBER HEALTH CONDITION
RETURN TO: Human Resources, University of Oregon, 677 East 12th Ave., Suite 400, Eugene OR 97403-5210 - fax 541-346-2548
1. Employees Name: 2. Family Member/Patient’s Name (and relationship to employee):
_______________________________________
3. If the patient’s condition1 qualifies under any of the following categories for serious health conditions, please check them. See back for a definition of each category.
_____ 1. Hospital Care _____ 4. Chronic Conditions Requiring Treatments
_____ 2. Absence Plus Treatment _____ 5. Permanent/Long-term Conditions Requiring Supervision
_____ 3. Pregnancy (Incapacity) _____ 6. Multiple Treatments (Non-Chronic Conditions)
_____ None Apply _____ 7. Injured or Ill Servicemember
Describe the medical facts that support the category you checked: ____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
4. Date patient’s condition commenced: 5. Probable Duration of patient’s incapacity:
____________________________________ __________________________________________
6. Does the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation? Yes _____ No _____
7. After review of the employee’s signed statement below, is the employee’s presence necessary or would it be beneficial for the care of the patient? (This may include psychological discomfort.) Yes _____ No _____
8. Estimate the period of time care is needed or the employee’s presence would be beneficial:
TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE
When Family Leave is needed to care for a seriously ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule.
Employee Signature: _________________________________________ Date: ______________
9. Print name of Physician or Practitioner: ______________________________________ Date: _______________________
10. Print Type of Practice (Specialization, if any) ___________________________________________________________________
Signature of Physician or Practitioner ____________________________________________________________________________
1 Here and elsewhere on this form, the information sought relates only to the condition for which the employee is taking FMLA/OFLA leave. Jan 2014
A “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity2 or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment
a. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment3 two or more times by health care provider, by a nurse or physician’s assistant under direct supervision of health care provider, or by a provider of health care services (e.g. physical therapist) under orders of , or on referral by, a health care provider; OR
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment4 under the supervision of a health care provider.
3. Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments
A chronic condition which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider.
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
NOTE TO CARE PROVIDER: The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
2 “Incapacity,” for purposes of FMLA, is defined to mean inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.
3 Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, or dental examinations.
4 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

File Type (ext): 
pdf

Protected Leave Request Form (FMLA/OFLA)

File Type (ext): 
pdf

FMLA Status Report

File attachments: 
Description: 
Employee Status Report DO NOT INCLUDE MEDICAL DIAGNOSIS. Current Status Restrictions (limitations: sit, stand, walk) Bend, Climb, Crawl, Push, Pull, Reach (above shoulder), Squat Lift/Carry, Push/Pull Use of Hands Estimated time for modified duty Medically Stationary?
File Type (ext): 
pdf

FMLA/OFLA Attendance Record

Description: 
FMLA/OFLA ATTENDANCE RECORD Return to Human Resources by the 10th of each month. NAME: ____________________________________________ DEPARTMENT: _______________________________________ Instructions: Indicate the number of hours you are off each day while on FMLA/OFLA leave. Include hours off for the entire month. Please do not submit this form with midmonth to midmonth hours. Include holidays as FMLA/OFLA leave if you are off on a continuous basis. Do not include days you are not expected to work (i.e., unpaid winter, spring, summer breaks). Intermittent leave: You must submit this form even if “0” hours were taken. Enter a zero in the ‘total’ box for the appropriate month. You may find this form at: http://hr.uoregon.edu/benefits/fmla/attend.pdf. Time Sheet/Leave Reporting: Continue to submit your regular time sheet or report leave for payroll purposes. Are any of these hours off work associated with an injury or condition for which you have filed a workers compensation claim? Please check the appropriate box. Yes, all of the hours indicated above are due to my on-the-job injury or condition. Yes, some of the hours indicated above are due to my on-the-job injury or condition. (Please circle only the hours associated with an on-the-job injury.) No, none of the hours indicated above are due to my on-the-job injury or condition. Employee Signature: Date: Supervisor Signature: Date: Note to Supervisor: If you change the hours reported by the employee, please have your employee initial here in agreement to the change. Initials Date:
File Type (ext): 
pdf

Bereavement Request Form

File Type (ext): 
pdf

Inclement Weather

 

INCLEMENT WEATHER AND UNIVERSITY OPERATIONS

Because it is a residential campus with 24/7 operations, the University of Oregon historically has not closed during inclement weather.  In rare circumstances, however, extremely dangerous weather conditions may force cancellation of classes and/or activities for part or all of a day. 

Essential services:  Regardless of the cancellation decision, employees who perform essential duties will be expected to come to work.  Examples include public safety employees, residence hall kitchen workers and those responsible for snow removal or storm clean-up.  Supervisors of employees who perform essential service work are responsible for communicating attendance expectations in advance and discussing anticipated transportation difficulties.

For all other faculty and staff members and students, it is understood that not everyone will be able to travel to campus during inclement weather even if classes or activities are not cancelled.  Members of the campus community are expected to use their best judgment in assessing the risk of coming to campus and returning home, based on individual circumstances.  Those who believe that the road conditions from home are dangerous are urged and even expected to stay there to prevent injury.

Notification:  In the event of inclement weather, the UO home webpage (http://www.uoregon.edu/) will include a banner at the top of the page displaying information about delay, cancellation or closure decisions for the Eugene campus. Additionally the UO Alerts blog will be updated with the latest updates and bulletins. Local television and radio stations will also broadcast delay and cancellation information.  

Programs Outside Eugene:  All University of Oregon operations in Portland follow Portland State University delay, cancellation and closure decisions.  The Oregon Marine Institute of Biology in Charleston and the Pine Mountain Observatory in Bend will make decisions about delay, cancellation and closure based on local conditions rather than Eugene’s.

Faculty Notification of Class Cancellation:  Faculty members not able to travel to campus to convene their classes have the responsibility of notifying students in a timely way if their classes will be cancelled.  It is incumbent on faculty to share the communication strategy by announcing in class and/or in the course syllabus, so students fully understand in advance of inclement weather how to obtain this information prior to traveling to campus.  Faculty members should contact their home department with the information as a first point of contact and use at least one other method that may come from the following examples, any of which may be accomplished from off campus:

  • Utilization of Blackboard: has both an announcement function and the capacity to send email to all enrolled students; or
  • Send an email directly to all students; or
  • Use of the university voicemail greeting system on the office phone to announce the class cancellation.

Again, it is very important the students know in advance the method(s) each faculty member will employ.  In addition, all faculty members are asked to exercise flexibility with students who miss class or are unable to submit coursework as a result of inclement weather.

Managers’ and Supervisors’ Communication:  University managers and supervisors need to prepare for inclement weather in two ways.  First, they must notify those employees (if any) who perform essential duties of the expectation that they will report to work during inclement weather regardless of a university closure and discuss transportation options if that poses difficulties for the employees.  Second, they need to prepare for notification by assembling up-to-date home phone lists, assigning calling responsibilities, providing employees with their home phone numbers and reviewing the process with staff. It is important to respect the confidentiality of employee home phone numbers and to notify student employees as well. 

Leave Options:  Employees who are unable to report to work because of bad weather or because the university has closed may use accrued vacation, compensatory time, exchange time, personal leave or leave without pay to cover the work time missed.  Use of accrued sick leave is appropriate only in the case of illness.  In cases in which employees do not have sufficient leave to cover the unexpected absence, supervisors are encouraged to allow employees to make up the time, if operational needs permit.

Public School Closures:  The university often remains open while public schools and local child-care centers close due to bad weather.  Supervisors are encouraged to recognize the difficulties this creates for working parents by responding with as much flexibility as the particular work environment will allow successfully.  Supervisors may permit parents to bring their children with them to work or to allow them to take work home, if the specific job duties accommodate it.

Holidays

Holiday Schedule: Classified Staff

These are the dates holidays will be observed for classified employees. If the holiday falls on a Saturday, it is observed the Friday before; if it falls on a Sunday, it is observed on the following Monday.

2017

New Year's Day – Monday, January 2, 2017

Martin Luther King, Jr. Day - Monday, January 16, 2017

Memorial Day - Monday, May 29, 2017

Independence Day - Tuesday, July 4, 2017

Labor Day - Monday, September 4, 2017

Thanksgiving - Thursday, November 23, 2017

Day after Thanksgiving - Friday, November 24, 2017

Christmas Eve Day - Friday, December 22, 2017

Christmas Day - Monday, December 25, 2017

2018

New Year's Day – Monday, January 1, 2018

Martin Luther King, Jr. Day - Monday, January 15, 2018

Memorial Day - Monday, May 28, 2018

Independence Day - Wednesday, July 4, 2018

Labor Day - Monday, September 3, 2018

Thanksgiving - Thursday, November 22, 2018

Day after Thanksgiving - Friday, November 23, 2018

Christmas Eve Day - Monday, December 24, 2018

Christmas Day - Tuesday, December 25, 2018

Special Day of Leave

Full-time classified employees receive eight hours of leave, prorated for part-time staff.

Employees may request the option of using this paid leave on any mutually agreeable day between, and including, the day before Thanksgiving and January 31. Where no day during this time can be mutually agreed upon, another day of the employee’s choice shall be granted, provided that approved usage does not create the closure of facilities. This day must be used no later than June 30 of that fiscal year or it is forfeited and is not compensableThis day may be used on the day before or day after Christmas or New Year's Day holidays. The university may be open those days, and time off should be scheduled to maintain departmental services. OPEU and GCIU employees receive this day under the terms of their collective bargaining agreements.

Temporary Employees

SEIU- represented temporary employees are not eligible for holiday pay but do earn time-and-a-half for work performed on a recognized holiday.


Please contact Human Resources, 541-346-3159, if you have questions.

Holiday Schedule: Unclassified Staff

These are the dates holidays will be observed for unclassified employees. If the holiday falls on a Saturday, it is observed the Friday before; if it falls on a Sunday, it is observed on the following Monday.

2017

New Year's Day – Monday, January 2, 2017

Martin Luther King, Jr. Day - Monday, January 16, 2017

Memorial Day - Monday, May 29, 2017

Independence Day - Tuesday, July 4, 2017

Labor Day - Monday, September 4, 2017

Thanksgiving - Thursday, November 23, 2017

Day after Thanksgiving - Friday, November 24, 2017

Christmas Day - Monday, December 25, 2017

The Special Day of Leave has been granted by the govenor and honored by the university. See below for guidance.

2018

New Year's Day – Monday, January 1, 2018

Martin Luther King, Jr. Day - Monday, January 15, 2018

Memorial Day - Monday, May 28, 2018

Independence Day - Wednesday, July 4, 2018

Labor Day - Monday, September 3, 2018

Thanksgiving - Thursday, November 22, 2018

Day after Thanksgiving - Friday, November 23, 2018

Christmas Day - Tuesday, December 25, 2018

Special Day of Leave - to be determined


    Special Day of Leave

    The university honors the Governor's Day holiday if designated by the Governor of Oregon.   The designation is made on an annual basis, and HR historically receives notice toward the end of November and communicates accordingly with faculty and staff.

    The special day of leave for unclassified employees (officers of administration, instruction and research with 12-month appointments) may be used on any working day from the day before Thanksgiving through January 31st.

    Holiday time is prorated for part time unclassified employees.


    Please contact Human Resources, 6-3159, if you have questions.

    Winter Break Holiday Information

    Paid holidays vary between employee groups based on collective bargaining agreements and policy.

    Service Employee International Union (SEIU) and University of Oregon Police Association (UOPA)

    Under the current collective bargaining agreement, SEIU and UOPA represented employees receive the following paid holidays on the observed dates:

    Christmas Eve: Friday, Dec. 22, 2017
    Christmas Day: Monday, Dec. 25, 2017
    New Year’s Day: Monday, Jan. 1, 2018

    The collective bargaining agreement also grants these classified employees an additional day off, referred to as the special day of leave (Article 42, section 2), which may be used on a mutually agreed upon day between, and including, the working day before Thanksgiving and January 31. Where no day during this time can be mutually agreed upon, another day of the employee’s choice shall be granted, provided that approved usage does not create the closure of facilities. This day must be used no later than June 30.

    Full-time employees receive eight hours of leave, prorated for part-time based upon the same percentage or fraction of month, as they are normally scheduled to work. Temporary employees are not eligible for holiday pay but do earn time-and-a-half for work performed on a recognized holiday.

    Teamsters

    Under the Teamsters collective bargaining agreement, employees are entitled to Christmas Day and New Year’s Day as holidays. These holidays are observed on the dates listed above. Teamsters represented employees may also take a special day of leave, which may be used the working day before or next working day after the Christmas or New Year's Day holidays. However, if an employee is unable to use the special day of leave, it may be used after Jan. 2, but no later than June 30.

    Faculty and Officers of Administration (OAs)

    Faculty and OAs receive Christmas Day and New Year’s Day as paid holidays.  These holidays will be observed on the following dates:

    Christmas Day: Monday, December 25, 2017
    New Year’s Day: Monday, January 1, 2018

    Faculty on nine-month contracts receive paid leave during the week between Christmas and New Year’s Day. If, for any reason, an officer of Instruction is required to work on campus during this period of paid leave, that work will be compensated as overload.

    Special Day of Leave: The Governor has granted a special day of leave for this year, and the university will honor the special day of leave for faculty and OAs.  While traditionally the special day of leave is taken the working day before or next working day after either Christmas Day or New Year’s Day, it may be taken any working day between Nov. 22 and Jan. 31.


    Unit Operations

    Because classified employees have Christmas Eve off, the university’s workforce will be significantly reduced on this day. To address operational needs on Christmas Eve, units managers may use one of the following three options: 

    Units may
    1) close if all employees have elected to use their leave, or
    2) remain fully open to the public, or
    3) designate the day as an “administrative closure,” on which employees may choose to work, but offices are closed to the public.  If units close because all unit employees have elected to use leave, OAs and other unclassified staff will either need to use paid leave (such as vacation or the “special day” described above) or unpaid leave for Christmas Eve.

    Campus Planning and Facilities Management will collect and publish a list of those units that will remain open to the public on Christmas Eve.  Heating systems will not be affected in buildings where units are open or opt for the “administrative closure.” 


    Please contact your supervisor with questions.  You may also contact Human Resources at (541) 346-3159.

    General Information

    AIDS, Alcohol & Drugs

    Alcohol and other drugs do not cause HIV infection or other sexually transmissible diseases. However, alcohol and drugs are often major factors when people have unsafe sex. Alcohol and other drugs can impair judgment and limit your ability to communicate effectively. Alcohol and some drugs (including cocaine, marijuana and designer drugs) may damage the immune system itself, making individuals more susceptible to infectious diseases.

    Note: The use of any substance used intravenously, with needle sharing, increases the risk of AIDS and Hepatitis B.

    Information provided in Drugs, Alcohol, and the University complies with requirements for institutions of higher education as detailed in the Drug Free Schools Act Amendments of 1989, Public Law 101-226.

    Drug-Alcohol Assistance

    Employee Assistance Program

    The University of Oregon offers assistance to employees with substance abuse, addiction, and a wide range of other personal and emotional problems. Beginning May 1, 2006, the University of Oregon has contracted with Cascade Centers, Inc. to provide confidential assessment, counseling and referral for University employees needing assistance with their personal problems. The program is available at no cost to eligible employees. For more information, contact Human Resources, 346-3159 or Cascade Centers, toll free 1-800-433-2320.

    Eugene-Springfield Community Volunteer Organizations:

    • Adult Children of Alcoholics (ACOA) 541- 461-1179
    • Al-Anon/Alateen: for family and friends of alcoholics 541-741-2841
    • Alcoholics Anonymous 541-342-4113
    • Centro Latino Americano 541-687-2667
    • Mothers Against Drunk Driving (MADD) 541-343-8115
    • Narcotics Anonymous 541-729-0080
    • Overeaters Anonymous 541-683-0110

    Telephone Help Lines:

    • Alcohol and Drug Help Line 1-800-621-1646
    • White Bird Clinic Info Line: a community human service referral program 541-342-4357
    • White Bird Crisis Line 541-687-4000

    Professional Organizations:

    • Buckley House Detox Center 541-343-6512
    • Looking Glass Youth and Family Services 541-485-8448
    • Looking Glass Counseling Center 541-484-4428
    • Prevention and Recovery Northwest 541-484-9274
    • Serenity Lane Treatment Center 541-687-1110
    • White Bird Chrysalis Treatment Center 541-683-1641

    Drug-Alcohol Policy

    University of Oregon Policy Statement
    3.00 Personnel Practices

    TITLE: University Policy on a Drug-free Workplace

    PURPOSE: In compliance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, to set forth the University's policies on the illegal use of drugs and alcohol by its employees.

    POLICY: The illegal use, possession, or distribution of drugs and alcohol on institutionally-owned or controlled property or as part of any University activity is proscribed conduct (See Oregon Administrative Rule (OAR) 580-22-045(8)). The manufacture of illegal drugs on institutionally-owned or controlled property is a malicious misuse or an unauthorized use of institutional property and is also proscribed conduct (See Oregon Administrative Rule (OAR) 580-22-045(5) and (7)).

    The University may impose disciplinary sanctions against any student or employee found to have violated this rule, consistent with applicable provisions of state laws and regulations, collective bargaining agreements and University and Oregon State Board of Higher Education administrative rules. The permissible sanctions include, but are not limited to, suspension without pay, and termination of employment. The University also reserves the right to refer employees' and students' actions to appropriate civil authorities for possible prosecution.

    All University employees must agree to abide by the University's rules and policies as a condition of their employment. In addition, all University employees shall receive annually a written copy of this policy statement.

    Federal law and this policy require all University employees, as a condition of their employment, to notify the University within five days should they be convicted for violating, while at the workplace, any criminal drug statute. Employees shall give such notification in writing to their immediate supervisor with a copy to the Office of Human Resources. The University is then required to notify the applicable Federal agency if the employee is directly or indirectly engaged in the performance of a federal grant or contract. The Office of Human Resources will contact the Office of the Vice President for Research to determine the appropriate notification process.

    The University's Vice President for Research shall notify the granting or contracting agency (if required) within ten days of receiving notice that a person employed on any of the University's federal grants and contracts was convicted of violating, while at the workplace, a criminal drug statute.

    The University shall impose an appropriate sanction on and/or shall require satisfactory participation in a drug abuse treatment program by any employee convicted of a criminal drug state violation as described above. Students and employees whom the University finds to have violated the University's rules and policies on the use of drugs and alcohol on campus shall be subject to discipline without regard for the activities of other governmental agencies.

    The University, through its Office of Human Resources, shall maintain a drug-free awareness program to inform employees about the dangers of drug abuse, and the availability of the Employee Assistance Program, drug counseling, rehabilitation, and other assistance programs. In addition, all employees shall receive descriptions of applicable legal sanctions under local, state, or federal law and health risks associated with the abuse of drugs and alcohol.

    The Offices of Human Resources and the Dean of Student Life shall arrange for the distribution of materials mandated by this law and this policy to new and existing employees and students respectively. They shall also be responsible for conducting a biennial review of the University Program monitoring legislative changes and ensuring that the appropriate offices comply.

    Supersedes all earlier policies issued on this subject.

    Reviewed and Recommended for Revision by: President's Staff 12/12/90.
    Originally issued: March 8, 1989
    Reissued by: Vice-President for Administration

    Drug-Alcohol Risks

    Tobacco and Nicotine
    Smokers are more likely than nonsmokers to contract heart disease. Lung, larynx, esophageal, bladder, pancreatic, and kidney cancers also strike smokers at increased rates. Thirty percent of cancer deaths are linked to smoking. Chronic obstructive lung diseases, such as emphysema and chronic bronchitis, are 10 times more likely to occur among smokers than among nonsmokers. Smoking during pregnancy also poses risks, such as spontaneous abortion, pre-term birth, and low birth weights. Fetal and infant deaths are more likely to occur when the pregnant woman is a smoker. Nicotine is both psychologically and physically addictive.

    Alcohol
    Low doses significantly impair the judgment and coordination needed to operate vehicles. Small amounts can also lower inhibitions. Moderate to high doses cause marked impairments in higher mental functions, and loss of memory and the ability to learn and remember information. High doses cause respiratory depression and death. Long-term consumption, particularly when combined with poor nutrition, can also lead to dependence and permanent damage to vital organs such as the brain and the liver. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation.

    Cannabis
    (Marijuana, Hashish, Hashish Oil, Tetrahydrocannabinol)
    Physical effects of cannabis include increased heart rate, bloodshot eyes, dry mouth and throat, and increased appetite. Use of cannabis may impair or reduce short-term memory and comprehension, alter sense of time, reduce ability to perform tasks requiring concentration and coordination, and impair driving ability. Motivation and cognition may be altered, making the acquisition of new information difficult. Marijuana, hashish, THC, etc., can also produce paranoia and psychosis. Longterm use may result in possible lung damage, reduced sperm count and sperm motility, and may affect ovulation cycles. Cannabis can also be psychologically addictive.

    Inhalants
    (Nitrous Oxide, Amyl Nitrite, Butyl Nitrite, Chlorohydrocarbons, Hydrocarbons)
    Immediate effects of inhalants include nausea, sneezing, coughing, nosebleeds, fatigue, lack of coordination, and loss of appetite. Solvents and aerosol sprays also decrease the heart and respiratory rates and impair judgment. Amyl and butyl nitrite cause rapid pulse, headaches, and involuntary passing of urine and feces. Long-term use may result in hepatitis or brain damage. Deeply inhaling vapors, or using large amounts over a short time, may result in disorientation, violent behavior, unconsciousness, or death. High concentrations of inhalants can cause suffocation by displacing oxygen in lungs. Long-term use can cause weight loss, fatigue, electrolyte imbalance, muscle fatigue, and permanent damage to the nervous system.

    Cocaine (Crack)
    Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause nasal irritation; chronic use can ulcerate the mucous membrane of the nose. Crack or freebase rock is extremely addictive. Physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia, and seizures. The use of cocaine can cause death by cardiac arrest or respiratory failure.

    Stimulants
    (Amphetamines, Methamphetamines, Crank, Ice)
    Stimulants cause increased heart and respiratory rates, elevated blood pressure, dilated pupils, and decreased appetite. Users may experience sweating, headache, blurred vision, dizziness, sleeplessness, and anxiety. Extremely high doses can cause rapid or irregular heartbeat, tremors, loss of coordination, and physical collapse. Amphetamine injection creates a sudden increase in blood pressure that can result in stroke, very high fever, or heart failure. In addition to physical effects, feelings of restlessness, anxiety, and moodiness can result. Use of large amounts over a long period of time can cause amphetamine psychosis that includes hallucinations, delusions, and paranoia. The use of amphetamines can cause physical and psychological dependence.

    Depressants
    (Barbituates, Methaqualone, Tranquilizers)
    Small amounts can produce calmness and relaxed muscles, but somewhat larger doses can cause slurred speech, staggering gait, and altered perception. Large doses can cause respiratory depression, coma, and death. Combination of depressants and alcohol can multiply effects of the drugs, thereby multiplying risks. Babies born to mothers who abuse depressants during pregnancy may be physically dependent on the drugs and show withdrawal symptoms shortly after birth. Birth defects and behavioral problems may also result. The use of depressants can cause both physical and psychological dependence.

    Hallucinogens
    (PCP, LSD, Mescaline, Peyote, Psilocybin)
    Phencyclidine (PCP) interrupts the functions of the neocortex, the section of the brain that controls intellect and instinct. PCP blocks pain receptors, and
    users can have violent PCP episodes resulting in self-inflicted injuries. Lysergic acid diethylamide (LSD), mescaline, and psilocybin cause illusions and hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors.

    Narcotics
    (Heroin, Methadone, Codeine, Morphine, Meperidine, Opium)
    Narcotics initially produce a feeling of euphoria that often is followed by drowsiness, nausea, and vomiting. Users may experience constricted pupils, watery eyes and itching. Overdoses may produce respiratory depression, clammy skin, convulsions, coma and death. Addiction in pregnant women can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms. Use of narcotics can cause physical and psychological dependence.

    Designer Drugs
    (Analogs of Fenatyl, Analogs of Meperidine, MDMA, Ecstasy Analogs of PCP)
    Many "designer drugs" are related to amphetamines and depressants and have mild stimulant and depressant properties. Use can produce severe neurochemical damage to the brain. Narcotic analogs can cause symptoms such as those seen in Parkinson's disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness. Psychological effects include anxiety, depression, and paranoia. Analogs of PCP cause illusions, hallucinations, and impaired perception.

    Anbolic Steroids
    Steroid users subject themselves to more than 70 side effects, ranging in severity from acne to liver cancer, including psychological as well as physical reactions. The liver and cardio-vascular and reproductive systems are most seriously affected by use. In males, use can cause withered testicles, sterility, and impotence. In females, irreversible masculine traits can develop along with breast reduction and sterility. Psychological effects in both sexes include very aggressive behavior, known as "roid rage", and depression. While some side affects appear quickly, others, such as heart attacks and strokes, may not show up for years.


    References
    U.S. Dept. of Education (1989). What Works: Schools Without Drugs. (Rockville, MD: National Clearinghouse for Alcohol and Drug Information, 1989), pp 61-72.
    National Institute on Drug Abuse, NIDA Capsules, (Rockville, MD: Press Office of the National Institute on Drug Abuse, 1986).

    Drug-Alcohol Sanctions

     

     

    State of Oregon Sanctions

    Alcohol

    • Minor in possession-any attempt to purchase by a person under 21 years is a violation (up to $250 fine)
    • Providing liquor to a minor-Class A misdemeanor (up to 1 year in prison and a fine, plus restitution and community service). Mandatory minimums:
      • First conviction - $350
      • Second conviction - $1000
      • Third or subsequent conviction - $1000 and 30 days

    For the purposes of the Oregon DUII statutes, for a person under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor (class A misdemeanor, penalty of up to 1 year and $2,500 fine and suspension and/or revocation of driving privileges).

    Illicit drugs

    In Oregon, penalties for possession and distribution are determined by the controlled Substance Schedule upon which the drug appears. Examples from the drug schedules appear below. (Note: Most drugs appear on the same federal and state schedule.)

    Schedule I Heroin, LSD, Marijuana, Peyote, Mescaline, Psilocybin
    Schedule II Opium, Cocaine, Methamphetamine
    Schedule III Amphetamine, Depressants, PCP
    Schedule IV Various prescription drugs
    Schedule V Other less dangerous prescription drugs and small amounts of certain drugs.

    Marijuana

    Delivery for consideration (selling, dealing, or bartering)-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
    Delivery not for consideration (less than 1 oz)-Class A misdemeanor (up to 1 year and up to $2500).
    Delivery not for consideration (less than 5 grams.)-violation (fine of at least $500, but not more than $1000).
    Unlawful Possession (less than 1 oz.)-violation (fine of $500-$1000, plus twice the value of any resulting gain of property or money).
    Unlawful Possession (more than 1 oz.)-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).

    Schedule I Drugs

    Manufacture or distribution (except marijuana)-Class A felony (up to 20 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
    Unlawful Possession-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).

     

    Schedule II Drugs

    Manufacture or distribution-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
    Unlawful possession-Class C felony (up to 5 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).

     

    Schedule III Drugs

    Manufacture or distribution-Class C felony (up to 5 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
    Unlawful Possession-Class A misdemeanor (up to 1 year and up to $2500 fine, plus twice the value of any resulting gain of property or money).

     

    Schedule IV Drugs

    Manufacture or distribution-Class B misdemeanor (up to 6 months and up to $1000 fine, plus twice the value of any resulting gain of property or money).
    Unlawful Possession-Class C misdemeanor (up to 30 days and up to $500 fine, plus twice the value of any resulting gain of property or money).

     

    Schedule V Drugs

    Manufacture or distribution-Class C misdemeanor (30 days and up to $500, plus twice the value of any resulting gain of property or money).
    Unlawful Possession-violation ($250 fine, plus twice the value of any resulting gain of property or money).
    It is unlawful for a person to manufacture or deliver a schedule 1, 2, or 3 controlled substance within 1,000 feet of the real property comprising a public or private elementary, vocational or secondary school attended by minors (class A felony, penalty of up to 20 years and $100,000 fine).
    In addition, the court may order the defendant to pay the cost of prosecution, and the defendant's vehicle used in the crime may be forfeited to the state. Finally, the defendant may forfeit any property used in the crime to the county in which the crime occurred.

     

    Federal Sanctions

    The federal system establishes sanctions for possession and distribution of controlled substances, based on the schedule of the drug and the amount involved. However, in addition, the statutory sanctions for possession and distribution are subject to the "Sentencing Guidelines for U.S. Courts." Imposition of the guidelines may lead to higher offense levels and, thus, stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, defendant's role in the offense, multiple counts, obstruction and acceptance of responsibility. Finally, the guidelines establish sentences for each offense based on the defendant's criminal history. Federal penal sanctions range from: Manufacture, distribution or trafficking of large amounts of heroin, cocaine, PCP, methamphetamine, Schedule I and II hallucinogens, marijuana, hashish, or any of their derivatives (30 years to life, regardless of the defendant's criminal history) to Possession of any Schedule III-V drug if defendant has lowest level or criminal history (0-4 months).

    Further, if serious injury or death results from the crime, minimums of up to 10 years (serious injury) and 20 years (death), plus fines of up to $4,000,000 may be added. These penalties may be doubled for defendants with past felony drug convictions. Finally, penal sanctions in the federal system are "real time", with reductions in sentences only for good behavior.

    Drugs & Alcohol Memo

    February 21, 2012

    MEMORANDUM

    TO:                 University Faculty and Staff

    FROM:           Linda L. King, Associate Vice President for Human Resources

    SUBJECT:      Drug-free Workplace Information

    This material is being distributed in compliance with federal law (Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act Amendments of 1989) and university policy.  It contains important information about drugs and alcohol and the workplace.  Contents include:

      *        The University policy on drugs and alcohol in the workplace, including sanctions for violations;

      *        Local, state and federal law applying to the possession or distribution of illicit drugs and alcohol;

      *        Health risks associated with the use of illicit drugs, nicotine, and the abuse of alcohol;

      *        Description of the UO's Employee Assistance Program and community programs available to assist individuals needing help with drug and alcohol problems.

    The material can be found under “General Information” at:  http://hr.uoregon.edu/policy

    For up-to-date information on legal sanctions regarding drugs and alcohol, please consult the Office of the Dean of Students website:  http://uodos.uoregon.edu/

    Mandatory Reporting of Child Abuse and Neglect

     

    Employees of Oregon higher education institutions are by law subject mandatory reporters of child abuse and neglect.  For a current and complete list of public or private officials who are mandatory reports please refer to Oregon Revised Statute 419B.005 (3).

    The following resources are provided to assist University of Oregon employees in understanding their obligations as mandatory reporters.

    School aged children raising hands in class

    Resources to Meet Reporting Obligations:

    Make a Report:

    For questions about UO Mandatory Reporting of Child Abuse and Neglect, please contact Jen Mirabile, mirabile@uoregon.edu, 541-346-2195


    Learn more about What You Can Do About Child Abuse from the Department of Human Services.

    Q and A on Mandatory Reporting

    File Type (ext): 
    pdf

    Mobile Technology Device Policies

    Agreement for Mobile Technology Access and Allowance

    Description: 

    AGREEMENT FOR MOBILE TECHNOLOGY
    ACCESS AND ALLOWANCE
    My signature on the “Mobile Technology Access and Payment Option Request” confirms the following:
    1. I understand that I must follow the terms and conditions identified in the Access to Mobile Technology and the Payment Options for Mobile Technology policies [http://hr.uoregon.edu/policy/MobileTechnologyDevice.html].
    2. I understand that that I must adhere to the applicable University of Oregon policies, including:
    • Telecommuting Policy;
    • Information Security Program;
    • Acceptable Use of Computing Resources.
    Allowance option only:
    3. I understand that I own the mobile equipment and that I am responsible for all costs associated with the device and service. I understand that in the event I am no longer eligible for the allowance, I am responsible for the contractual obligations with my mobile technology provider.
    4. I understand that the requirements promulgated under the Family Education Rights and Privacy Act (FERPA) apply to personally-owned wireless communication device that contain student education records. I understand that in the event of a FERPA request, university officials may need to examine any and all electronic records maintained on the personally-owned wireless communication device and/or any paper billing regarding such device to determine if they are subject to either request. I agree to provide access to any and all electronic or paper work-related records related to the personally-owned wireless communication device to University officials so that they may conduct such examination as required to comply.
    5. I understand and agree to abide by any and all litigation hold notices that I receive. I understand that this may require me to preserve information received and/or maintained on my personally-owned wireless communication device.
    6. I agree that upon termination of employment with the University, I will delete all University data from the personally owned wireless communication device except when instructed to retain the data for legal purposes.
    7. I understand that additional oversight and reporting responsibilities may be required if my job responsibilities are subject to formal governing body by-laws and regulations (e.g., NCAA regulations).

    File Type (ext): 
    pdf

    Mobile Technology Access and Payment Option Request form

    Description: 

    UNIVERSITY OF OREGON MOBILE TECHNOLOGY ACCESS AND PAYMENT OPTION REQUEST
    Please complete this form to apply for access to mobile technology (e.g., cell phones, smart phones, etc.) for university business and to designate the payment option if you are requesting an allowance for personal device use. Information on the UO policies regarding access to mobile technology and payment options can be found at the following link: http://hr.uoregon.edu/policy/MobileTechnologyDevice.html
    Employee Information:
    ID#
    Name: Email:
    Title: Unit:
    Payment Start Date: Number of Payments: Reason for Mobile Device Access:
    Please check the reason(s) for the request:
     Travel: Employees who frequently travel or are out of the office and need to be in contact with employees, clients, managers, or other university associate.
     Work Location: Employees who typically work in the field or at job sites where access to electronic and telecommunication devices are not readily available.
     Emergency Response: Employees who need to be contacted and/or respond in the event of an emergency or are required to be available during non-business hours.
     Critical Need: Employees who are required as part of their daily responsibilities to be accessible by electronic means when away from their regular work station.
     Other (please describe):
    Payment Option:
     Unit Purchased
     Employee Allowance: The employee allowance is paid as a business-related expense reimbursement and processed through the Accounts Payable system. Vice Presidents are responsible for communicating implementation guidelines for their areas and may set amounts for each tier up to the maximum listed below. Allowable maximums for each tier will be updated annually.
     Tier One Occasional/Infrequent Use ($10.50/month)  Tier Two Routine Use ($46/month)  Tier Three Advanced Mobile Devices ($103/month)  Tier Four International Use or Exceptional Circumstances
    Amount of monthly payment: _____________________ Index:
    Signatures:
    By signing below, I acknowledge that I have read and understand the Agreement for Mobile Technology Access and Allowance and the provisions of the Access to Mobile Technology and the Payment Options for Mobile Technology policies found on the following website: http://hr.uoregon.edu/policy/MobileTechnologyDevice.html
    Employee Signature Date
    Dean, Director, or Department Head Approval
    Name: Signature Date
    Vice President Approval
    Name: Signature Date
    Options for processing:
    • Enter a Direct Pay invoice
    • Utilize the invoice upload process
    • Request a recurring payable from BAO Accounts Payable
    Detailed instructions for processing the payment may be found on the Banner Guide at: http://bg.uoregon.edu/content/mobile-technology-allowance-payment-options
    Admin Use Only
    Unit Purchase Device: _______ Allowance: __________(amount)

    Important Memos and Notices

    Faculty & Staff: Recruitment, Employment, and Retention

    May 14, 2002

    TO: Dave Frohnmayer, President
    FROM: Kenneth F. Lehrman III, Director
    RE: Campus Diversity

    You have asked that I provide you with relevant data regarding campus efforts to diversify our faculty and staff, particularly racial and ethnic minorities. Attached you will find information that reflects the results of those efforts over the past eight years.

    I am happy to report that the data demonstrate continual progress toward our goals of employing a faculty and staff that reflect the availability of qualified ethnic and racial minorities. Unfortunately, I must also report that this progress is gradual and in several areas, most notably African American administrators, we have lost ground. Still, the gains we have made are significant. When compared to peer institutions we fare very well in a number of areas (e.g., the percentage of minority executives). Even in those areas where we do not, I believe we have done very well given our less substantial resources. For example, while we lag behind well funded institutions like the University of Michigan in the percentage of minority faculty, we compare favorably to other institutions like the University of Virginia, the University of Wisconsin and Indiana. Our overall employment statistics also compare favorably to institutions located in geographic areas of greater diversity.

    Several factors account for our success, however modest. Most notable is the commitment to diversity demonstrated by a broad cross section of the faculty, staff and administrators with whom I work on a regular basis. I am impressed by their energy and effort in seeking to diversify our applicant pools and their willingness to identify and eliminate traditional barriers to opportunity. Equally impressive is the resources appropriated by the Provost Office Minority Recruitment Program. Since 1995, this program has allocated more than $2 million to enhance the recruitment and retention of minority faculty of U.S. citizenship. The impact of this effort is reflected in the extraordinary success of our tenure track minority faculty applying for tenure.

    Although minority faculty have been successful, the overall retention of minority employees remains troublesome. While it can be expected that increases in minority representation in the workforce would be accompanied by statistically proportionate increases in terminations, the percentage of minority employees leaving the university has increased disproportionately. While a number of factors may contribute to any individual decision to terminate employment, we lack good information to explain this phenomenon. To that end I draw your attention to the recommendations I offer at the end of this report. In particular, I believe that it is crucial that we develop an exit interview instrument that will help us understand why minority employees leave the university.

    Finally, I offer a note of guarded optimism regarding the future of diversity efforts at the University of Oregon. I am confident that the University is headed in the right direction. Our commitment to diversity is resolute, our energy boundless. Unfortunately, our resources are limited. Until such time as our programs and salaries are funded at a level similar to that of our peer institutions, we can continue to expect only modest gains despite our best faith efforts.


    Faculty & Staff:
    Recruitment, Employment, and Retention

    UO's Equal Opportunity/Affirmative Action Commitment

    It is the strong philosophy and intent of the University of Oregon to provide educational opportunities and to recruit, hire, train, and promote persons in all job titles, without regard to race, color, . . . or any other extraneous consideration not directly or substantively related to merit or performance.

    To advance these ends, the university has developed an Affirmative Action Plan with specific results oriented procedures to ensure equal employment and educational opportunity.

    Affirmative Action Plan

    In order to monitor progress, a regular reporting system is established. Results will be reviewed quarterly by the Director of the Office of Affirmative Action & Equal Opportunity, and will be shared with the appropriate divisions and departments. The university president will review results on an annual basis. This is not merely a preventative and passive commitment. The university intends to implement affirmative action proactively and vigorously.

    Assessment Report

    The 1994 Affirmative Action Plan established statistical employment goals to be reviewed and reestablished on an annual basis, and developed several strategies for increasing gender and racial and ethnic diversity. Institutional progress toward the goals was again reviewed in Spring 2002. The review included assessment of diversity of applicant pools, new hire and termination reports, and progress toward elimination of underutilization in problem areas.

    The primary goal of the plan is to achieve increases in the number of women and minority faculty and staff to levels consistent with the availability of qualified women and minorities in the appropriate geographic recruitment areas

    Summary of Progress 1994 - 2001

    Over the past 7 years, the university has made slow but steady progress toward diversifying its workforce at all levels of employment. This progress reflects the recruitment, hiring, promotion and retention efforts of the university.

    RECRUITMENT

    Applicant Flow

    Between 1994 and 2001:

    • The representation of minority applicants for employment increased from 8.86% of all applicants in 1993, to 11.63 in 1997, to 13.46% in 2001

    Recruitment Strategies

    • In 1994, the Provost's Office initiated the Underrepresented Minority Recruitment Plan. This plan seeks to encourage academic departments to hire underrepresented minority faculty from current regular searches by providing supplemental funds following a successful recruitment. These funds, in the amount of $90,000 total, will be provided for uses such as developing a more attractive employment package for the minority candidate. In addition, the Provost's Office provides up to 10% of the funds available in any given year to support visiting minority faculty, with a maximum award of $10,000.
    • In 1995-96, the Provost's Office allocated $130,000 for minority recruitment.
    • For 2001-02, the Provost's Office projects allocations of $418,739.
    • Since 1995, the Provost's Office has allocated more than $2,191,526 for minority recruitment.

    EMPLOYMENT

    Total Workforce

    Between 1994 and 2001:

    • The representation of minority employees in the entire university workforce increased from 8.68% in 1994, to 9.23% in 1997, to 9.89% in 2001;
    • The representation of African American employees in the workforce decreased from 1.63% in 1994, to 1.54% in 1997, to 1.45% in 2001;
    • The representation of American Indian/Alaska Native employees increased from .67% in 1994, to .99 in 1997, and .99 in 2001;
    • The representation of Asian/Pacific American employees increased from 3.83% in 1994, to 3.93% in 1997, to 4.67% in 2001;
    • The representation of Hispanic/Latino employees increased from 2.56% in 1994, to 2.77% in 1997, to 2.77% in 2001
    • (In 2001, 6 employees self-identified as multi-ethnic.)

    Executives

    Between 1994 and 2001:

    • The representation of minority administrators in executive positions increased from 7.14% in 1994, to 9.66 in 1997, to 15.15% in 2001

    Instructional Faculty

    Between 1994 and 2001:

    • The representation of minority tenure-track instructional faculty increased from 8.14% in 1994, to 9.90% in 1997, to 11.46% in 2001:
    • The representation of African American tenure-track instructional faculty increased from .93% in 1994, to 1.50% in 1997, to 1.57% in 2001;
    • The representation of American Indian/Alaska Native tenure-track instructional faculty increased from .47% in 1994, to .75% in 1997, and decreased to .63% in 2001;
    • The representation of Asian/Pacific American tenure-track instructional faculty increased from 4.38% in 1994, to 4.95% in 1997, to 6.13% in 2001;
    • The representation of Hispanic/Latino tenure-track instructional faculty increased from 2.35% in 1994, to 2.70% in 1997 to 2.98% in 2001.
    • (In 2001,1 tenure-track faculty member self-identified as multi-ethnic)

    Officers of Administration

    Between 1994 and 2001:

    • The representation of minority officers of administration decreased from 11.08% in 1994, to 10.82% in 1997, and increased to 11.18% in 2001;
    • The representation of African American Officers of Administration decreased from 3.77% in 1994, to 2.79% in 1997, to 1.87% in 2001;
    • The representation of American Indian/Alaska Native Officers of Administration increased from .94% in 1994, to 1.40% in1997, to 2.02% in 2001;
    • The representation of Asian/Pacific American Officers of Administration increased from 3.54% in 1994, to 3.66% in 1997, to 3.89% in 2001;
    • The representation of Hispanic/Latino Officers of Administration increased from 2.83% in 1994, to 2.97% in 1997, to 3.27% in 2001.
    • (In 2001, 1 officer of administration self-identified as multi-ethnic)

    Classified Staff

    Between 1994 and 2001:

    • The representation of minority employees in the classified service increased from 7.85% in 1994, to 9.15% in 1997, to 9.48 in 2001;
    • The representation of African American classified staff decreased from 1.65% in 1994, to 1.58% in 1997, and increased to 1.84% in 2001;
    • The representation of American Indian/Alaska Native classified staff increased from .90% in 1994, to 1.23% in 1997, and decreased to 1.20% in 2001;
    • The representation of Asian/Pacific American classified staff increased from 2.62 in 1994, to 3.25% in 1997, and increased to 3.51% in 2001;
    • The representation of Hispanic/Latino classified staff increased from 2.69% in 1994, to 3.08% in 1997, and decreased to 2.79 % in 2001.
    • (In 2001, 1 classified employee self-identified as multi-ethnic)

    Retention

    • In 1994, 419 employees who self-identified race or ethnicity terminated employment with the university. Of these, 39 (9.30%) were employees of color (8 African American; 8 American Indian/Alaska Native; 15 Asian/Pacific American; 8 Hispanic/Latino). In 2001, 543 employees who self identified race or ethnicity terminated employment with the university. Of these, 76 (13.99%)were employees of color (12 African American; 12 American Indian/Alaska Native; 29 Asian/Pacific American; 23 Hispanic/Latino)
    • Since 1994, 198 faculty members were considered for tenure, and 184 (92.92%) were successful. In this same period, 22 of these cases involved minority faculty, and 21 (95.45%) were successful.

    Retention Table

    Academic Year Total Cases Yes No Minority Cases Yes No
    1994-94 24 19 5 0 0 0
    1995-96 31 27 4 3 3 0
    1996-97 31 30 1 4 4 0
    1997-98 23 23 0 3 3 0
    1998-99 30 28 2 6 5 1
    1999-00 34 33 1 1 1 0
    2000-01 25 24 1 5 5 0
    Totals 198 184 14 22 21 1

    Comparitave Table: Minorities as a percent of total

      Total Employees Tenure Tenure-track Facuolty Administrators Executive
    Penn State University 7.71% 12.37% 7.07% 5.79%
    Univ. of Colorado 16.64% 12.33% 23.99% 17.64%
    Univ. of Indiana 9.29% 12.31% 6.70% 7.92%
    Univ. of Michigan N/A 17.94% N/A N/A
    Univ. of Oregon 9.89% 10.39% 11.18% 15.15%
    Univ. of Virginia 19.22% 10.14% N/A 7.84%
    Univ. of Washington 12.92% 13.84% 13.84% N/A
    Univ. of Wisconsin 7.55% 10.15% 8.25% 10.34%

    Recommendations

    • The university establish as one of its highest priorities to retain as well as increase the numbers of minority faculty and staff. Consistent with the recommendations in Floyd Report, the Office of Affirmative Action & Equal Opportunity, working with the Office of Human Resources should develop and implement an exit interview instrument and procedure in order to better understand the exact causes and influences that induce minority employees to separate from the university. These results should be presented in executive summary and used to feed back into faculty and staff recruitment and retention efforts.
    • Enhance existing minority mentor programs to include all levels of employees. While new minority faculty have access to mentoring opportunities, officers of administration and classified staff do not have structured mentoring programs.
    • Publish annual Diversity Report Card in Oregon Daily Emerald that evaluates and assesses the efforts of individual schools and colleges and major administrative units with regard to recruitment, hiring and retention.
    • The Office of Affirmative Action & Equal Opportunity should conduct a yearly public forum that reports on the achievement of numerical goals for underutilized job groups. Currently, this information is available only in hard copy and on line.

    Additional Resources

    Disability Accommodation Procedures

    MEMORANDUM

    TO: Deans, Directors, Department Heads, and Officers of Administration

    FROM: Penelope Daugherty, Director
    Office of Affirmative Action and Equal Opportunity

    DATE: May 23, 2003

    RE: Changes in Disability Accommodation Procedures

    As a public agency, the University of Oregon is obligated under the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act to provide reasonable accommodation to qualified students, employees and prospective students and employees with disabilities. Given both the complexity of determining who qualifies as an individual with a disability under the ADA and the Rehabilitation Act and what constitutes a reasonable accommodation, and in order to ensure a consistent process across the institution, the university has established procedures to ensure that individuals with disabilities are provided an appropriate response to their requests for accommodation. Those procedures were last addressed in an April 1, 2002 memo from Linda King, Director of Human Resources. Those procedures have recently been changed with regard to the contact for employees with disabilities. This memo is to remind you of our obligation to provide reasonable accommodation where appropriate and to update you on who is responsible for assisting with requests for accommodation, whether from students, employees or members of the public.*

    Since many factors must be considered in determining whether an individual qualifies as an individual with a disability under the law and what, if any, accommodation is appropriate, the following offices have been charged with responsibility for coordinating that process. When you receive a request for accommodation, please contact whichever of the following offices is appropriate depending on the relationship of the individual to the university:

    Students with disabilities should be referred to the Disability Services Office for assistance. That office is responsible for reviewing documentation of students' disabilities, and for determining appropriate accommodations for students on an individual basis. In addition, Disability Services staff will assist departments in providing reasonable accommodations once they determine what they should be. Disability Services is located in Suite 164 of Oregon Hall and may be reached at 346-1155, or TTY 346-1083.

    Employees with disabilities (classified employees, Officers of Administration, Instructional Faculty and Researchers) should be referred to the Office of Affirmative Action and Equal Opportunity. The Office of Affirmative Action is responsible for requesting and reviewing appropriate supporting documentation to determine whether an individual qualifies as an individual with a disability and for working with the employee and the employee's supervisor to identify and implement appropriate accommodation on an individual basis. The Office of Affirmative Action will coordinate with staff in Human Resources or the Provost's Office where that is appropriate. The Office of Affirmative Action and Equal Opportunity is located in Suite 474 of Oregon Hall and may be reached at 346-3123.

    Members of the public in need of reasonable accommodation for program access are invited to contact and/or should be directed to the Office of Affirmative Action and Equal Opportunity for assistance. In addition to program accessibility concerns, Affirmative Action staff can assist in identifying reasonable accommodations for qualified individuals with disabilities in the hiring process. The Affirmative Action Office also accepts grievances from members of the public who have been denied access and/or reasonable accommodation to university-sponsored events or programs, and from students who believe they have suffered discrimination on the basis of disability.

    The above offices, in connection with the Disability Issues Administrative Council (DIAC), are responsible for the university's compliance with relevant disability-related laws and regulations. Denials of requests for accommodations - if necessary - should be made only by appropriate persons in the offices of Disability Services or Affirmative Action, or the DIAC.  Under no circumstances should other academic or administrative departments deny accommodation requests.

    If you have any questions regarding the instructions in this memo or about disability issues generally, please do not hesitate to contact either Steve Pickett, Director of Disability Services, or me for further information. Please share this memo with members of your unit who might be approached by either students or employees with a possible need for reasonable accommodation.

    Thank you in advance for your cooperation in this important process.

    *It is important to note that an individual need not use the words "disability" or "reasonable accommodation" to trigger our obligation to engage in a process to determine whether reasonable accommodation may be appropriate. If a student or employee indicates that due to a medical condition he or she is having difficulty meeting his/her classroom or workplace responsibilities, that is enough to put us on notice that the student or employee may be an individual with a disability. In that case, the faculty member or supervisor should advise the student or employee that he or she MAY be an individual with a disability under the law and entitled to reasonable accommodation, and refer the student or employee to the appropriate office as noted in this memo if the student/employee is interested in exploring the issue further.

    Appropriate Use of Banner Information System

    January 2005

    MEMORANDUM

    TO: University Faculty and Staff
    FROM: Linda King, Director of Human Resources
    SUBJECT: APPROPRIATE USE OF BANNER INFORMATION SYSTEM

    One of the foundations of the UO's Banner information system is the security and confidential use of information and data. Currently, employees authorized to access Banner and DuckWeb sign agreements regarding appropriate use and confidentiality of the information system. Violations of this agreement include:

    • sharing usernames and passwords
    • changing information in the system without proper authorization
    • revealing the content of records outside of work assignments

    Most violations occur with no dishonest intent, but happen because individuals are unaware that a particular action is problematic or believe that expediency justifies the action. However, violations committed with even the most innocent intentions can have serious ramifications for Banner system security or database integrity and negatively affect the overall university information system.

    I want to remind you that university staff monitors violations. Employees violating the agreement could lose their access to the Banner system, an action that may adversely affect department operations and the ability of the staff member to perform his or her job responsibilities.

    Please help us in maintaining the security and confidentiality of the university's information systems. Thank you.

    Telecommuting

    Telecommuting is a growing trend in the information age. Much has been published touting the benefits of the "virtual office." About 6 percent of the American work force (over 8 million American workers) telecommute to company jobs from their homes on either a part-time or full-time basis, and the number is increasing. By some estimates, a full 30 percent of the work force will be telecommuting by the year 2020.

    Policy

    Telecommuting is defined as work and transportation alternatives that substitute home-to-work commuting with the option of working at home or at satellite work locations for all or part of the employee's assignment. This does not include work at home due to temporary special conditions such as inclement weather, recovery from illness, caring for an ill family member, or caring for a newborn or newly adopted child. Telecommuting is defined as work and transportation alternatives that substitute home-to-work commuting with the option of working at home or at satellite work locations for all or part of the employee's assignment. This does not include work at home due to temporary special conditions such as inclement weather, recovery from illness, caring for an ill family member, or caring for a newborn or newly adopted child. OUS Telecommuting Policy

    Guidelines

    Telecommuting presents benefits and challenges for both the telecommuter and his or her employer. The employee may be able to increase their productivity, reduce their commuting costs, reduce their stress and find a better balance between work and family life. The challenges they may face include increased isolation from work, reduced visibility from managers, reduced access to support, reduced home living space, and increased at-home costs.

    The employer may benefit from telecommuting by increased staff productivity and morale, a reduction in absenteeism and lower overhead or space needs. Because the ability to work at home is viewed by some as a perquisite, providing this option may improve recruitment and retention of valuable employees. However, a telecommuting arrangement may require changes in procedures and management style. There may be increased operating costs, increased legal concerns, increased need for data security, and increased potential for distrust.

    How do you know if telecommuting arrangements would work in your situation at the University of Oregon? You should consider the type of work being performed and the characteristics of the person requesting the telecommuting option.

    Certain types of jobs are more easily adapted to telecommuting. Examples include accountant, auditor, data entry operator, financial analyst, programmer, systems analyst, researcher, writer, editor. However, many other jobs may be adaptable as well.

    Not every employee is well suited for telecommuting. It is recommended that the employee be mature, self-disciplined and capable of working with little on-site supervision. They should have received consistently successful performance evaluations in the recent past and have a history of dependability on the job. They should be well organized with good time management skills. Finally, they should have or be capable of attaining required expertise in the use of computer technology to make telecommuting successful.

    Supervisory Decisions: Will Telecommuting Work in your Department?

    An employee may come you with a proposal to work at home all of the time or on a part-time schedule with regular hours from their home office. What should you consider in evaluating this proposal? Consider characteristics about the employee as well as the nature of the job responsibilities. Staff in the Office of Human Resources are available to discuss telecommuting options with you. You may want to talk with other managers who supervise telecommuters.

    Experience shows that telecommuting arrangements work best with employees who have consistently had high ratings on performance evaluations. Consider the employee's ability to work well independently and to stay focused on job tasks.

    Look at the job description of the employee. Are there job responsibilities which seem suitable for an off-campus work site? Generally functions that require little direct customer service are more suitable for telecommuting. It is appropriate to ask the employee who is proposing to telecommute how they will carry out their job responsibilities off-campus. Familiarize yourself with current technology that enable employees to work at home. Staff in the Computing Center and the Telecommunication Offices are available to assist you.

    It is recommended that telecommuting agreements be approved on a trial basis with opportunity to evaluate its success. You may want to consider frequent evaluation meetings during the first few weeks of a telecommuting arrangement.

    Special Considerations

    Non-exempt employees (those who are eligible to receive overtime) need to maintain accurate time and attendance records and this requires close communication with his or her supervisor. Many will arrange to start and stop work at the same time each day. Others may chose a flexible work schedule. Overtime hours must be approved in advance by the supervisor.

    Classified employees will continue to be covered by their respective collective bargaining agreements. Both supervisors and employees must pay particular attention to contractual requirements such as shift differential and overtime.

    Negotiating a Telecommuting Agreement

    An employee who is preparing a proposal to telecommute, should consider all aspects of his or her position objectively to identify tasks appropriate or not suitable for telecommunting. It is important to review a list of individuals he or she interacts with both inside and outside of the work unit and list all meetings. Consider who may be positively or negatively impacted by the telecommuting arrangement. Although some telecommuters work primarily at home, most split their time each week between home and campus offices; it may be possible to schedule tasks requiring frequent in-person contact with others during on-campus working hours.

    A proposal for telecommuting may include:
    " Tasks assigned to a position which are appropriate for telecommuting;
    " Benefits for the employee and the department;
    " Description of home office set up;
    " Supplies and equipment to be provided by the employee;
    " Supplies and equipment to be provided by the department;
    " Proposed start date and suggested date to review the success of the arrangement.

    Written Telecommuting Agreement

    The State of Oregon requires all agencies to report to the Department of Administrative Services the number of employees who telecommute and University policy requires that telecommuting employees and their supervisors sign a telecommuting agreement and submit it to the Office of Human Resources. See Appendix A. This document outlines the responsibilities of both the telecommuter and the university. The Telecommuting Agreement is required for employees who, on an ongoing basis, have scheduled working hours at home a significant portion of time. This agreement is not intended for those who take work home in the evenings or weekends or have minimal at home assignments. Telecommuting Agreement Form (PDF)

    Setting Up a Home Office

    The location of the designated work space is important. Working at home several days a week on a regular basis is totally different from working out of a briefcase on the kitchen table on a temporary basis. Good work is best produced in an efficient and safe work space. The University's liability for job-related injuries continues to exist during approved hours of work since the designated home office is considered an extension of the regular University work site. Please consult the University's Office of Environmental Health & Safety at 346-3192 if you have questions about the ergonomics or general safety of a home office.

    Office supplies will be provided by UO but out-of pocket expenses normally will not be reimbursed. The University does not provide office furniture and generally the telecommuter will use their own computer equipment and telephone service. If a department should decide to provide computer equipment for an at-home office, a Property Receipt must be completed and submitted to the Office of Business Affairs. Computers used for UO business must have approved surge protection and virus protection. Use of UO computer modems is limited to 14 hours a week so telecommuters or their home departments may choose to buy modem access via a commercial provider. For more information consult the University or Oregon Telecommunication and Network Services Departments.

    Telecommuting Agreement

    Description: 


    TELECOMMUTING AGREEMENT
    Employee Name:
    Job Title or Classification:
    University ID:
    Department:
    Supervisor:
    Agreement Dates: Begin Date:
    End Date:
    These conditions for telecommuting are agreed upon by the employee, the supervisor, and the dean, director or department head.
    1. TASKS
    The following are typical assignments that the employee will work on at the home/remote work location:
    Evaluation Criteria:
    2. TELEWORK LOCATION
    __
    Home
    __
    Satellite office
    __
    Other (Describe)
    Address:
    Telephone:
    Email:
    Fax:
    3. SCHEDULE
    Telework day(s):
    __
    Monday
    __
    Tuesday
    __
    Wednesday
    __
    Thursday
    __
    Friday
    Alternate day(s):
    Start:
    Finish:
    Core hours you can be reached at the telework location:
    Total telecommuting hours per day:
    How many days a month do you expect to telework?
    Dates employee and supervisor will meet to assess the success and continuation of the telecommuting agreement:
    4. COMMUNICATION EQUIPMENT
    Business voicemail at campus workstation and email will be used to communicate while telecommuting.
    __
    Answering machine
    __
    Voice mail
    __
    Call forwarding
    __
    Fax
    Business telephone calls made from the home will be paid for as follows:
    UO
    Credit Card #
    ______________
    or Employee reimbursement
    _________________
    Data calls made from home with a personal computer will be reimbursed as follows:
    The decision whether to install telecommunications equipment (e.g., cable modem, DSL, telephone lines, etc.) will be made between the supervisor and the employee. If such equipment is installed, the expenses will be handled as follows:
    5. OTHER EQUIPMENT
    If University owned equipment will be used by the employee at the remote work location, the employee and the dean/director/department head must complete, sign and attach an Equipment Loan Agreement for Employees.
    ___
    No University equipment will be used at the home/remote work location.
    Employee’s initials:
    _______
    Supervisor’s initials
    _______
    University equipment will be used at the remote work location and a signed Equipment Loan Agreement for Employees is attached.
    6. COMMUNICATION
    Communication between the employee and his/her office (e.g., email, voicemail, etc.) will be handled as follows:
    7. ADDITIONAL CONDITIONS
    Additional conditions (if any) agreed upon by the employee and the supervisor are as follows:
    8.
    ADDITIONAL DETAILS
    This agreement is subject to the terms and conditions stated in the UO Telecommuting Policy.
    I have read and understand both the Telecommuting Policy (see UO Policy Library) and this agreement.
    I agree to abide by and operate in accordance with the terms of this agreement, and agree to the duties, obligations, responsibilities and conditions described in the policy. I further understand that effective communication and satisfactory completion of stated objectives are keys to successful telecommuting. I agree that, among other things, I am responsible for establishing telecommuting hours, observing wage and hour provisions as they apply, furnishing and maintaining my remote worksite in a safe manner, employing appropriate security measures, and complying with all other policies of the University of Oregon. I agree to allow UO to inspect my designated work location (home/remote) at mutually agreed upon times to ensure that safe working conditions exist. I agree further to provide access to my work site by any agent of the University of Oregon to conduct post accident or other investigations. I agree not to use any UO equipment for private purposes, nor allow family members or friends access to that equipment. I understand UO may pursue recovery for any UO property that is deliberately or negligently damaged or destroyed while in my care, custody and control. I shall promptly return all UO equipment and data documents when requested by my supervisor. I agree to follow all software licensing provisions agreed to by UO. I agree to notify my supervisor promptly when I am unable to perform work assignments due to equipment failure, illness, or other circumstances. I agree that no business meetings will be held in my home, without specific approval of my supervisor. I agree that travel between the home or remote work location and the primary worksite shall not be reimbursed. I agree that telecommuting is not a substitute for child or dependent care and that other arrangements are necessary for regular dependent care. I agree that the sole purpose of this agreement is to regulate telecommuting and it neither constitutes an employment contract nor an amendment to any existing contract. I understand that telecommuting is voluntary and requires management approval. I may stop telecommuting with written notice to my supervisor. I understand that my supervisor may, at any time, change any or all of the conditions under which I telecommute, or may withdraw permission to telecommute.
    Employee Signature
    __________________________________________
    Date
    _______________________
    UO APPROVAL
    Supervisor Signature
    __________________________________________
    Date
    _______________________
    Dean, Director, Dept. Head Signature
    ___________________________
    Date
    _______________________
    Department of record retains original document and submits photocopy to Human Resources

     

    Statement of Philosophy - Transgender/transsexual members of the university community

    Description: 
    Statement of Philosophy - Transgender/transsexual members of the university community - October 11, 2006 Memo from Linda Brady, Russell Tomlin, Mike Eyster, and Linda King to University Faculty and Staff

    Background Checks

    FAQs

    Frequently Asked Questions for Policies & Leaves