Faculty and Unclassified Staff Handbook
Chapter 5 -- Faculty: Leaves, Insurance, and Retirement Benefits
Leaves
Annual
Bereavement
Family Medical
Fulbright Grant
Leave With Pay
Leave Without Pay
Military Service
Parental
Sabbatical
Sick
Persons appointed to unclassified faculty positions of less than 12 months do not accumulate or earn annual leave. Their academic duties are closely related to the presence of students on campus. Student recesses offer persons appointed to positions that do not earn annual leave an opportunity to engage in research and perform other necessary professional duties. In consideration of the professional nature of a faculty position, faculty members are expected to fulfill appropriate, professional, and departmental responsibility throughout the academic year, including student recesses, exclusive of legal holidays. The academic year begins with student registration or similar duties in the Fall and continues for nine months through commencement and grade submission in the Spring. Specific periods of employment are to be governed by the annual notice of appointment issued by each institution.
Persons, including University Support Staff, appointed to full-time 12 month unclassified positions or to full-time, less than 12-month unclassified non-instructional positions shall earn paid annual leave not to exceed 176 hours per fiscal year. Persons appointed to less than full-time 12-month unclassified positions and persons appointed to less than full-time, less than 12-month unclassified non-instructional positions shall earn annual leave on a pro-rated basis.
Persons, including University Support Staff, appointed to unclassified positions that are eligible to earn annual leave may accumulate a maximum of 304 hours of annual leave; provided, however, that an employee may receive, upon termination from employment or upon moving from a position earning annual leave to a faculty position for less than twelve months, payment for no more than 176 hours of annual leave, and, at retirement or at termination of employment when retirement eligible, an employee may receive payment for up to 240 hours of annual leave.
Kansas Board of Regents: Policies and Procedures Manual (09-21-06).
Updated to correspond with current KBOR policy (09-01-15, 10-13-17).
Annual leave accrual rates differ for non-exempt and exempt unclassified professional staff. Refer to the FHSU Time and Leave Manual for detailed information on leave accrual reporting. Annual leave should be arranged in advance with the approval of the staff member's department head and dean for periods convenient to the work of the University. Every effort will be made to accommodate the personal wishes of the employee. Annual leave will be reported bi-weekly on time sheets. Annual leave is not earned while on sabbatical leave.
Updated (12-15).
Unclassified and university support staff employees may be granted leave with pay upon the death of a close relative or that person's close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant bereavement leave, and, if so, the amount of leave to be granted.
Kansas Board of Regents: Policies and Procedures Manual (1-27-94).
Updated to correspond with current KBOR policy (09-01-15, 10-20-17).
For purposes of administering the Family Medical Leave Act (FMLA), each state university shall:
1. designate qualifying leave as Family Medical Leave whether or not the employee requests such a designation;
2. consider the twelve-month period, within which an eligible employee who experiences a FMLA qualifying condition or circumstance, to begin concurrently with the first day of Family Medical Leave and any subsequent twelve-month period would begin the first time an eligible employee again experienced a FMLA qualifying condition or circumstance after the expiration of the first twelve month period; and
3. require employees whose leave is designated Family Medical Leave to substitute accrued paid leave for unpaid Family Medical Leave in accordance with the federal FMLA.
Any state university may adopt a policy allowing a member of the faculty holding a tenure earning appointment who has taken Family Medical Leave to request an additional year in which to work toward tenure.
Subject to the above, each state university shall adopt policy and procedures to provide leave to its employees pursuant to the FMLA.
Kansas Board of Regents: Policies and Procedures Manual (11-16-95).
Updated to correspond with current KBOR policy (09-01-15).
Family Medical Leave Act of 1993, Sick Leave Pursuant to
See University Policies, Human Resources, Sick Leave Pursuant to Family Medical Leave Act to view full policy.
Adopted by Cabinet (03-09-00).
Fulbright Grant Leave with Pay Policy
See University Policies, Human Resources, Fulbright Grant Leave Policy to view full policy.
Approved by President's Cabinet (04-01-09).
In order to fulfill jury duty, national guard duty, or other appropriate civic obligations, employees may be granted leave with pay pursuant to institutional policy.
Kansas Board of Regents: Policies and Procedures Manual.
A leave without pay for up to three years may be granted by the chief executive officer of the employing institution when such is judged by the chief executive officer to be in the best interest of the institution. No leave may be granted to any employee who has accepted a permanent position with another postsecondary education institution.
Any extension of a leave without pay beyond three years requires the approval of the Board. The chief executive officer of the employing institution shall provide documentation of extraordinary circumstances justifying the extension of such leave beyond three years.
Leaves without pay shall not be regarded as a break in service; however, such leave shall not count toward the earning of sabbatical leave nor shall other than a scholarly leave count toward the tenure probationary period. Scholarly leave shall count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.
During a leave of absence without pay, an employee's eligibility for health insurance shall be determined by and be in accord with the policies, rules, and regulations of the State Employees Health Insurance Commission.
Kansas Board of Regents: Policies and Procedures Manual (11-17-94).
Annual Training—If a permanent or probationary employee is a member of a reserve component of the military service of the United States or with the State or National Guard, he or she will, upon presentation of appropriate orders in advance, be granted leave with pay to attend annual active duty for training for a period not to exceed 30 working days in any one calendar year (calendar year starts in October). Such leave will not be counted as part of an employee's annual vacation.
Active Duty—If such an employee is called to active duty, the employee shall be granted leave without pay for the duration of active service. The employee will be restored to his/her former position or a similar position with like status and pay if application for rehire is made within 90 days after being discharged from military service under honorable conditions or from hospitalization if qualified to perform those duties
If the employee is not qualified to perform the duties of the former position by reason of disability sustained while on active duty, the employee shall be offered a position comparable in status and pay with duties he/she is qualified to perform. If there is not a position available, an employee may appeal to FHSU’s Department of Human Resources for appropriate placement.
K.A.R. 1-9-7
The paid parental leave program at Fort Hays State University is available for qualifying events occurring after the effective date of the Kansas Board of Regents Paid Parental Leave policy.
Eligibility
All benefit-eligible employees (0.5 full-time equivalency (FTE) or greater position as faculty, unclassified professional or university support staff), and who has been employed for twelve months with the State of Kansas.
Employees who meet benefits eligibility requirements, as defined by the employing university, and who have been employed for twelve months with the state shall be eligible to receive paid parental leave following a qualifying event (e.g., birth or placement of a child for adoption (up to 6 years of age)), or placement of a foster child(ren) at any age, occurring after the effective date of this policy. Each state university may establish implementing policies, including definitions, and may require otherwise-eligible employees to provide relevant information and notice of their intent to use the leave in order for the employees to be eligible.
Leave Period
Each parent designated as the primary caregiver for purposes of this policy shall receive up to eight weeks of paid parental leave, and each parent who is designated as the secondary caregiver for purposes of this policy shall receive up to four weeks of paid parental leave. For part-time employees, the leave shall be pro-rated to their part-time appointment for the applicable time period. The fact that a multiple birth, adoption, or placement occurs (e.g., the birth, adoption, or placement of twins) does not increase the length of paid parental leave for that event.
- If both parents are employees and eligible for paid parental leave, one employee must be designated the primary caregiver and one employee must be designated the secondary caregiver.
- In such instances, the paid parental leave may be taken concurrently, consecutively, 30 days in advance for FMLA qualifying events, or at different times within the 12-week period immediately following the qualifying event.
Benefit
Paid parental leave under this policy shall be at 100% of the eligible employee’s regular rate of pay and, while using paid parental leave, employees continue to accrue vacation and sick leave, as well as all other regular benefits in accordance with applicable rules, regulations, Board policy and statutes.
- Academic year appointments. Paid parental leave only applies during periods when the employee is in paid status. Employees on academic year or less than 12-month appointments may not request or receive paid parental leave for periods when not in a paid status.
- Holidays. Official and observed holidays do not count against paid parental leave. Employees utilizing paid parental leave on an official or observed holiday shall receive holiday credit. Employees may be permitted to take leave of other types (i.e., sick leave and vacation leave) in addition to the eight or four weeks of paid parental leave, in accordance with other applicable Board and university policies.
- Timing. Paid parental leave must be taken within the 12 weeks immediately following the date of birth or date of placement for adoption of a child. For employees who assume placement of a foster child(ren), the ability to use paid parental leave will be limited each calendar year to a total of eight weeks for the primary caregiver and four weeks for the secondary caregiver. Such leave can be used for a single placement or for multiple placements. Each state university may determine whether employees will be permitted to take this leave intermittently or in a solid block of time within that 12 weeks. Any paid parental leave shall run concurrently with leave permitted under the Family Medical Leave Act (FMLA), if applicable.
Paid parental leave under this policy is not transferrable and cannot be donated through a shared leave program or in any other way. Any amount of paid parental leave not utilized by the eligible employee in the 12-week period shall be forfeited.
Nothing in this policy shall be construed as prohibiting a state university from providing additional leave beyond that permitted under this policy, to the extent allowed by applicable rule, regulation, Board policy or statute, or from reassigning an eligible employee’s duties while the employee is on paid parental leave.
Each university shall implement the 2021 amendments to this policy on September 19, 2021, for qualifying events occurring after September 19, 2021. Employees represented by bargaining units where the contract requires meet and confer to implement this policy shall not be covered under this policy without ratification by the bargaining unit.
Procedure
An eligible faculty/staff member may request Parental Leave by completing the Parental Leave Request form. Faculty and staff are urged to request Parental Leave with as much advance notice as possible so departments can plan for coverage.
If approved for Parental Leave by Human Resources Office, faculty/staff must report the parental leave using University’s regular time and leave procedures.
Parental Leave and the Family Medical Leave Act
The University's Family Medical Leave policy provides for up to 12 weeks of time off (including both paid and unpaid leave) for an employee following the birth or adoption of a child. Parental leave will be counted towards the employee's FMLA leave entitlement, if applicable. Any paid parental leave shall run concurrently with leave permitted under the Family Medical Leave Act (FMLA), if applicable
Approved by Kansas Board of Regents (07-01-19).
Amendment approved by Kansas Board of Regents (09-19-21).
Recommendations for sabbatical leaves are to be submitted to the President prior to January 20 each year. The following are the conditions under which a sabbatical leave may be granted:
In strictly meritorious cases, a full-time faculty member on regular appointment at any of the state universities who has served continuously for a period of six years or longer at one or more of these institutions, may, at the convenience of the institution and upon the approval of the chief executive officer of the institution with which connected, be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience, such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:
1. For nine-month faculty members, up to half pay for an academic year, or up to full pay for one semester.
2. For twelve-month faculty members, up to half pay for eleven months, or up to full pay for five months.
Provided:
Regular salary is defined as the salary being paid at the time the sabbatical leave begins. Outside grant funds received by the University in support of the individual's scholarly efforts during his or her sabbatical leave may be used for supplemental salary, but total sabbatical leave salary in these instances may not exceed the individual's regular salary. Normally, sabbatical leave shall not be used as a means of augmenting personal income (e.g., a faculty member will not be allowed to teach paid coursework during a leave period).
Provided further:
That the number of faculty members to whom leave of absence with sabbatical pay is granted in any fiscal year shall not exceed four percent of the number of equivalent full-time faculty with rank of assistant professor or higher, or equivalent rank for the institution concerned for the fiscal year for which the leave of absence is granted.
And provided further:
That no faculty member will be granted leave of absence with sabbatical pay who does not agree to return to the service of the state university granting the sabbatical leave for a period of at least one year immediately following the expiration of the period of leave. Persons failing to return to the institution granting sabbatical leave shall refund all sabbatical pay. Those who fail to remain for the full year of school service (9 to 12 months depending on annual term of employment) shall refund that portion of their sabbatical pay as represented by the portion of time they fail to serve.
Kansas Board of Regents: Policies and Procedures Manual (06-24-00).
Updated to correspond with current KBOR policy (09-01-15).
Preference shall be given to those applying for the full year over those applying for a single semester. Normally, sabbatical leave shall not be used as a means of augmenting personal income (e.g., a faculty member will not be allowed to teach paid coursework during a leave period). Faculty who are on a split appointment are also eligible to apply for sabbatical leave.
Application Procedures for Obtaining Sabbatical Leaves of Absence
Contact the Office of the Provost to access the application form.
The applicant will prepare a formal request (application) for a sabbatical leave that will contain the following:
1. A prospectus indicating how the applicant expects to use the time granted (timeline), breadth and depth of the project, achievability, what travel the project will mandate, and the anticipated outcome or end product.
2. An explanation of the benefits that would be tied to the goals of the department and University accrue to the institution as a result of the leave being approved.
3. Full disclosure of all known or expected funding from sources outside the institution.
4. A list of all previous leaves with dates.
5. A plan for the timely reporting of results of the leave to both the departmental faculty and the administration in the college and University.
6. The semester or academic year for which sabbatical leave application is made with specific dates.
The formal request shall be filed with the department chair by December 1 of the year prior to the fiscal year in which the leave is to commence.
Applications shall then be forwarded to the appropriate dean. The dean, in turn, shall forward the application with his/her recommendation to the provost (see current Administrative Calendar for specific deadlines). The latter shall form an advisory screening committee of six (6) faculty members to study applications and make recommendations to the president no later than January 20. After official action has been taken by the president, immediate notification of decisions made shall be sent to applicants through administrative channels by February 8.
Revisions approved by Faculty Senate (12-09-96).
Updated to correspond with AAUP MOA timeline (09-01-15), MOA application requirements (07-28-21).
Unclassified employees shall accumulate sick leave at the rate of 3.7 hours per biweekly pay period with no limit on the number of hours which can be accumulated. Sick leave for unclassified employees on less than full-time appointments shall be reduced proportionately. Sick leave accumulations for persons on sabbatical leave shall be proportionate to the pay status during that leave. No sick leave shall be awarded for periods when unclassified employees are on leave without pay.
Sick leave with pay may be granted only for the necessary absence from duty because of the personal illness, disability or legal quarantine of the employee; or the personal illness or disability of a member of the employee's family when the illness or disability reasonably requires the employee to be absent from work. "Personal illness or disability" shall be defined to include pregnancy, termination of pregnancy, adoption, childbirth, and the recovery there from. "Employee's family" shall include persons related to the employee by blood, marriage, or adoption and minors residing in the employee's residence as members of the employee's household.
If upon retirement, or upon termination of employment when retirement eligible, an unclassified employee has accrued 800 or more hours of sick leave, the employee shall be compensated for accumulated sick leave in accordance with the provisions of K.S.A. 75-5517 as amended.
If a separated unclassified employee returns within a year to an eligible position, the sick leave balance that the employee had upon termination is reinstated. Such reinstatement does not apply to an unclassified employee who retires and returns to the Board of Regents service after retirement.
Each state university shall adopt appropriate procedures for administering this policy.
Kansas Board of Regents: Policies and Procedures Manual (5-21-98).
Updated to correspond with current KBOR policy (09-01-15, 10-20-17).
When faculty members are ill and cannot meet with their classes, the department chair should be notified as soon as possible so that arrangements may be made to take care of classes.