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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.