Leave and Scheduled Absences

 

1. Purpose. The parental leave policy for tenure-track and tenured faculty recognizes the needs of faculty who balance teaching, research, service, and parental obligations. The University grants this leave to reflect the belief that the University and the individual faculty member benefit from arrangements that support faculty who pursue their academic careers while raising a family. Paid parental leave for faculty is designed to provide bonding and adjusting time for faculty members during the important period following the arrival of their new child.
2. Eligibility. This policy applies to full-time tenure-track or tenured faculty members, including faculty with nine-month appointments (e.g., academic departmental faculty) as well as faculty with 12-month appointments who accrue vacation and sick leave (e.g., library faculty or administrators), who will be the primary caregiver of a newborn or an adopted child age five years or younger. Individuals adopting a spouse’s or partner’s child(ren) are not eligible for this benefit. Simultaneous adoptions or multiple births (i.e., twins, triplets, or quadruplets) count as one leave event.
3. Leave Benefit. An eligible faculty member may take a paid one-semester leave soon after the arrival of the child. This will almost always be the semester of the arrival of the child or the semester immediately following the arrival. The parent may instead opt to take a four-month paid leave, beginning at the time of arrival of the child (e.g., when a birth or adoption comes near the end of a semester or when the faculty member has a 12-month appointment).
4. Use of Vacation and Sick Leave. Tenure-track and tenured faculty who accrue vacation and sick leave (e.g., library faculty) will not be required to use their vacation or sick leave as parental leave.
5. After taking the primary leave benefit stated above, the eligible faculty member may take an additional unpaid leave if requested. For faculty on a nine-month contract, an unpaid leave of one semester is available in the semester immediately following the paid leave. For faculty on a twelve-month contract (e.g., library faculty), an unpaid leave of up to four months is available immediately following the paid leave.
6. During paid and unpaid leave, the faculty member is released from all University responsibilities, including teaching, advising, research, and service.
7. If the faculty member is granted relief of teaching responsibilities during a portion of the semester not covered by the leave, the faculty member will resume non-teaching responsibilities such as advising and committee assignments.
8. Process. It is the responsibility of the faculty member to notify their department chair regarding the anticipated birth or adoption. In the case of birth, the faculty member shall notify the department chair no fewer than four months before the anticipated due date. In the case of adoption, the faculty member shall notify the department chair upon receipt of an anticipated date of adoption or upon the date adoption proceedings begin, whichever is earlier. In consultation with the individual faculty member, it is the ultimate responsibility of the department chair to work with the Provost/Vice President for Academic Affairs (VPAA) to make the necessary staffing arrangements that will take place in the absence of the faculty member requesting parental leave. Staffing arrangements may include but are not limited to, canceling certain course offerings, having another department member fill in for a particular course, or hiring a part-time replacement.
9. As in the case of other types of leave, the faculty member should make a request for the leave in writing to their department chair, who will forward it to the Provost/VPAA for review. To the extent appropriate, the Provost/VPAA will consult with Human Resources to make a final determination. As part of the leave request, the faculty member will be required to attest in writing that they will be the primary caregiver for the newborn or adoptive child during the leave period.
10. When both parents are faculty members at Trinity University, only one parent can qualify as the primary caregiver for the purposes of receiving paid benefits under this policy.
11. In consultation with the faculty member, the department chair and the Provost/VPAA will address any conditions not covered herein, such as an adoption whose date is not anticipated.
12. An eligible faculty member who becomes a new parent but is not the primary caregiver is eligible for two weeks of paid leave soon after the arrival of the child. The chair is responsible for making the necessary staffing arrangements to cover the faculty member’s duties. Requests for such leaves should follow the procedures outlined above in this policy.
13. Tenure Clock Stoppage. For all probationary faculty members who experience the birth or adoption of a child (whether they are the primary caregiver or not), the timetable toward tenure review will be automatically extended by one year unless a written request is received to waive the extension within one year of the birth or adoption of a child. (See also Chapter 2A, Article IV.D). This can occur with or without taking a leave of absence. There is no limit to the number of times a faculty member can stop the tenure clock in this manner.
14. Similar to the automatic tenure-clock stoppage, a faculty member is not obligated to be reviewed formally or informally while taking parental leave under this policy. The faculty member’s immediate supervisor, in consultation with the Provost/VPAA, will determine when the review will take place. The faculty member may choose to waive the delay of the review by submitting a request in writing to their chair before the normal timing of the review.
15. A probationary faculty member should not be disadvantaged for using this leave benefit or for extending the probationary period when they are evaluated. As stated in Chapter 2A, Article IV.D: Tenure-Track Appointments, “Extending the probationary period as a result of a qualifying event will not in itself disadvantage the faculty member in [their] promotion, advancement, or compensation. The file will be evaluated without prejudice as if the work were done in the normal period of service.”
16. A faculty member who uses this leave benefit will not be given nor expected to complete any additional work to compensate for the parental leave. For example, a faculty member cannot be assigned additional teaching, service, or advising responsibilities to make up for the time on leave.
17. All parental leaves will run concurrently with leaves taken under the Family and Medical Leave Act.

Purpose: The University grants twelve weeks of paid parental leave to eligible staff, reflecting the belief that the University and the individual staff member benefit from arrangements supporting staff who pursue their careers while raising a family. This leave is designed to provide bonding and adjusting time during the important period following the arrival of their new child for staff members who intend to return to work at the University at the end of the leave.

Eligibility: This policy applies to full-time, benefit-eligible staff members with at least one year of full-time service at the University as of the date of the birth or adoption of the child and who will be the parent of a newborn or an adopted child age five years or younger. Individuals adopting a spouse’s or partner’s child(ren) are not eligible for this benefit. Simultaneous adoptions or multiple births (e.g., twins, triplets, or quadruplets) count as one leave event. The leave must be taken within one year of the child’s birth or adoption and may not be taken intermittently or as a reduced scheduled leave.

The twelve-week paid parental leave benefit is for the parent who will be the primary caregiver of their new child.  An eligible staff member who becomes a new parent but is not the primary caregiver is eligible for two weeks of paid parental leave within one year after the arrival of the child.  When both parents are employees at Trinity University, only one parent can qualify as the primary caregiver for the purpose of receiving the paid benefit under this policy.

Interaction with FMLA and other paid leave and benefits: Paid parental leave shall run concurrently with the Family and Medical Leave Act (FMLA) leave.  Parental leave is separate from and in addition to regular earned benefits (i.e., accrued sick and vacation leave) and must be the first leave used following the date of the birth or adoption of the child. Regular earned benefits shall continue to accrue while the employee is on parental leave.  

Process: The staff member is responsible for notifying Human Resources of the need for parental leave. In the case of birth, the employee should provide 30 days written notice of the need for the leave. If the need for a leave is not foreseeable or if it is otherwise not possible to provide 30 days’ notice, notice must be provided as soon as practicable. In the case of adoption, the staff member shall notify Human Resources upon receipt of an anticipated date of adoption or upon the date adoption proceedings begin, whichever is earlier.

It is the ultimate responsibility of the supervisor and/or head of each department to work with the Vice President for their division to make the necessary staffing arrangements that will take place during the absence of the staff member requesting parental leave.
 
As part of the leave request, the staff member must attest in writing that they will be the primary caregiver for the newborn or adopted child during the leave period.

Human Resources will address any conditions not covered herein, such as an adoption whose date is not anticipated, in consultation with the staff member.

 

Members of the National Guard or of the official militia of the State of Texas or members of the armed forces reserves are subject to the annual call for temporary active duty. These employees may be granted a leave of absence without pay. A copy of the military orders must be presented when requesting leave. Employees who are absent from work for duty in the uniformed services will be granted unpaid military leave and reinstatement rights in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and state law.

Please contact the Office of Human Resources for additional details regarding military leave. 

All new hires will be subject to a six-month probationary/orientation period, during which the employee will accrue vacation but cannot take Vacation Leave. This applies only to new hires, not promotions/transfers of employees. Employees not completing the initial orientation period will not receive any accrued vacation pay upon termination.

There is no established University policy for medical leaves for most faculty. In the event that a faculty member must take a short-term medical leave of absence, it is understood that the following guidelines will govern the arrangements for the leave.

When the leave allows for advance planning, the curricular obligations of the faculty member on leave should be accommodated by creative scheduling such as team teaching, cancellation of classes, rescheduling classes, or course load adjustment. When curricular responsibilities remain after all the options listed above are utilized, part-time faculty may be hired to cover those responsibilities. Since advance planning is essential to minimize curricular disruption, it is essential that there be consideration of the appropriate duration of the leave, where possible.

The leave will be negotiated by the faculty in consultation with their Chair and department and approved by the Provost/Vice President for Academic Affairs. If a satisfactory arrangement cannot be designed, the faculty member may involve the Provost/Vice President for Academic Affairs in the negotiations. Information on the curricular arrangements for previous medical leaves will be on file in the Office of Academic Affairs.

The University is concerned that an employee’s income be protected during periods of bona fide sickness, injury, and other family illness beyond the employee’s control. To meet such contingencies for comparatively short periods (not to exceed six (6) months), eligible employees are granted a Sick Leave privilege.

Sick Leave is defined as the absence of an employee from work for one of the following reasons:

a. Because of a personal illness or injury which has incapacitated the employee from performing their job duties which is caused by the employee's physical or mental illness or injury, preventative medical or health care, or other health conditions.

b.An appointment with a physician, dentist, optometrist, or similarly recognized medical practitioner, hospital, or clinic if arranged in advance. Such appointments are usually less than one-half (1/2) day in duration; therefore, an employee is expected to return to their job as soon as the appointment is concluded.

c.The employee needs to care for a family member’s physical or mental illness or injury, preventative medical or health care, or health condition.

d. The employee or their family members need to seek medical attention, seek relocation, obtain services, or participate in legal or court-ordered action related to domestic abuse, sexual assault, or stalking of the employee or family member. Immediate family is hereby defined to include spouses, domestic partners, and both different-sex and same-sex significant others, any other family member within the second degree of consanguinity or affinity, a member of the covered employee’s household or a minor’s parents, regardless of the sex or gender of either parent.  Parenthood is construed as encompassing legal parents, foster parents, same-sex parents, step-parents, those serving in loco parentis, and other persons operating in caretaker roles.

e. If an employee is out due to any FMLA qualifying event, the employee must notify Human Resources immediately.
A full-time employee will accrue Sick Leave at the rate of eight (8) hours for each full month of employment. A temporary employee regardless of work schedule is not entitled to Sick Leave. Sick Leave will accrue up to a maximum of 1040 hours.
 

1. Sick Leave will accrue when an employee is in an active pay status only. Sick Leave will not accrue during any period of leave without pay or University Disability Leave.
2. The term “full month of employment” as used in this policy is a period of employment from the first day to the last day of a calendar month. Sick Leave accrual occurs on the first of every month. Regardless of the employee’s hire date, sick leave will accrue at the normal rate on the next scheduled accrual day after the employee's hire date.
3. Sick Leave will be allowed proportionately for an employee on a continuing part-time appointment, provided they are employed for at least one-half (1/2) time. 

In computing the use of Sick Leave for an employee, Sundays, holidays or other non-work days shall not be counted. Total Sick Leave hours plus hours worked in a day may not exceed the usual hours worked for non-exempt employees.

Abuse of Sick Leave privileges should be referred to the Chief Human Resources Officer.
 

1. When a pattern of Sick Leave used by an employee indicates abuse of the privilege, the supervisor should take appropriate disciplinary action and consult with the Human Resources office.
2. An employee’s supervisor may require an employee to provide a physician’s statement certifying the illness. Any unjustified or fraudulent claim of Sick Leave may result in loss of pay for the period of absence and/or disciplinary action up to and including dismissal.

Employees are required to notify their immediate supervisor of the need for sick leave within thirty (30) minutes after the start of the routine workday. Failure to notify the supervisor within this time frame may result in an unexcused absence, may disqualify any paid Sick Leave benefit for the absence, and may lead to disciplinary action up to and including dismissal.

An employee who transfers or is promoted from one department or division to another will be credited with their unused Sick Leave.

When it is apparent that serious illness or hospitalization will result in the use of all accumulated Sick Leave, the supervisor or employee should contact the Human Resources Office for verification of eligibility for the University (Short Term) Disability Leave benefit or the long term disability insurance plan. If the employee is not eligible for such coverage, the supervisor should request through the Human Resources Office that the employee be placed in a leave without pay status if the return of the employee is expected. In accordance with the University’s neutral applied absence policy, in no case will the illness-related absence from work exceed six months (all available leaves run concurrently).

Sick Leave must be reported on the employee’s time keeping record in Workday. Non-exempt employees are required to report sick leave based on the amount of leave taken for the sick period. Exempt employees are required to report sick time in increments of eight (8) hours, i.e., full-day absences.

If Sick Leave is used during an employee’s resignation period (time after notices has been given), a physician’s statement can be required.

Employees may use Sick Leave when they are absent due to a job-related accident or injury. The employee’s total compensation received from Trinity University and the University’s insurance carrier may not exceed 100 percent of the employee’s normal salary. 

Employees may carry over any unused Sick Leave to the next calendar year

NOTE: Exceptions to the utilization of Sick Leave for the immediate family as defined must be justified in writing and will require the approval of the Chief Human Resources Officer. 

The University provides for an accrual vacation plan so that an employee may earn periods of paid absence from their job for the purpose of recreation or other activity which provides a change from the pattern of day-to-day work in order to enhance effectiveness as an employee. Employees should be encouraged to take, not accumulate, Vacation Leave. However, advances on Vacation Leave are not authorized. Any request for Vacation Leave is subject to supervisory approval. 

Vacation Leave with pay accrues as follows:
 

1. A full-time staff, non Executive Leadership Team employee (except for those on temporary status) will earn Vacation Leave at the rate of ten (10) hours for each full month of continuous employment up to a maximum of 120 hours per year. After five (5) years of service, an employee will accrue vacation at the rate of twelve (12) hours per month up to a maximum of 144 hours  per year. After ten (10) years, an employee will accrue twenty (20) days of vacation per year (13.33 hr./mo.) up to a maximum of 160 hours per year. Part-time employees will earn the appropriate pro-rated amount of vacation leave hours for years of service.
2. A part-time staff employee (except those in temporary status) working at least one half (1/2) time (at least twenty (20) hours or more) shall receive Vacation Leave on a prorated basis. An employee working less than one-half (1/2) time shall not receive Vacation Leave.
3. Vacation Leave will only accrue when an employee is in an active pay status. Vacation leave will not accrue during any period of Leave Without Pay or University Disability Leave. 

All new hires will be subject to a six (6) month orientation period during which the new employees will accrue vacation but cannot take Vacation Leave. Time off during this period will be leave without pay. This applies only to new hires and not to promoted and transferred employees. Unless otherwise prohibited by law, employees not completing the initial orientation period will not receive any accrued vacation pay upon termination.

Maximum leave accrual: Staff employees may accrue up to a maximum of one (1) year’s accrual of vacation leave (120 hours, 144 hours, or 160 hours, depending on length of service). At no time may the maximum accrual be exceeded. Excess hours will be forfeited. Part-time employees will accrue the appropriate pro-rated amount of vacation leave hours.

The term “full month of employment" as used in this policy is a period of employment from the first day to the last day of a calendar month. Vacation Leave accrual occurs on the first of every month. Regardless of the employee’s hire date, the employee will accrue at their normal rate on the next scheduled accrual day after their hire date. 

An employee who transfers or is promoted from one department to another or from one employee status to another, shall be credited with their unused Vacation Leave. Although this employee will now be in a new orientation period in the new position, the employee may utilize accrued Vacation Leave (workload and supervisory approval permitting).

Vacations are to be scheduled at the convenience of the department or division with due consideration to the employee’s preference and may be taken in any amount up to the total of the employee’s earned Vacation Leave. Schedules for vacation within a department or division shall be so arranged as to meet the seasonal loads of the department or division and to provide an adequate staff at all times. Vacation Leave must be requested and approved by the supervisor in advance. Vacation Leave should be reported on the employee’s Workday absence record. 

Vacation time taken will be calculated according to the number of days and hours in the employee’s normal work week. Vacation Leave taken and work hours reported may not exceed normal hours worked in a day.

When a holiday occurs during a Vacation Leave, the holiday will not be considered a day of vacation time.

Sickness occurring during a Vacation Leave period may be changed to Sick Leave upon presentation of a medical certification as to the illness or with the approval of the supervisor.

Employees may utilize Vacation Leave when they are absent from work due to a job-related accident or injury, provided their Sick Leave balance is exhausted. The employee’s total compensation received from Trinity University and the University’s Workers’ Compensation carrier may not exceed 100 percent of the employee’s normal salary. 

An employee may only go into leave without pay (LWOP) if all applicable leaves are exhausted. LWOP is subject to the approval of both the supervisor and Human Resources.  

Unless otherwise prohibited by law, unused vacation leave is forfeited when an employee separates from employment. However, unless otherwise prohibited by law, those who resign with advance written notice as in the University’s Voluntary and Involuntary Termination Policy, will receive the balance of any unpaid vacation leave remaining at the time of the work separation. Paid or unpaid leave time may not be counted toward such a notice period.

The University is concerned that an employee's income and/or employment status be protected during extended periods of bona fide disability from the performance of normal job responsibilities. To meet such contingencies for comparatively long periods of time, eligible employees may apply for University (Short-Term) Disability Leave privileges. University (Short-Term) Disability Leave is defined as the continued absence of an employee from work due to an injury, illness or other disability which is expected to last for at least six (6) months. The University (Short-Term) Disability Leave benefit itself, however, will not extend beyond six (6) months from the date the employee ceased to be in an active work status. Such University (Short Term) Disability Leave is separate from any accommodations granted under the University’s Employment Accommodation Policy (HMRS-0034).

A full-time staff employee will accrue University (Short-Term) Disability Leave at the rate of forty-four (44) days for each one (1) full year of continuous full-time regular employment. A temporary employee, regardless of work schedule, is not entitled to University (Short-Term) Disability Leave. University (Short-Term) Disability Leave will accrue to a maximum accrual of 130 days and is paid at 100 percent of base salary.

1. University (Short-Term) Disability Leave will begin accrual after the first year of full-time regular employment to a maximum accrual of 130 days.
2. University (Short-Term) Disability Leave will accrue only when an employee is in full-paid active status; however, Sick Leave, Vacation Leave, and University (Short-Term) Disability Leave will not accrue during periods of University (Short-Term) Disability Leave.
3. During periods of approved University (Short-Term) Disability Leave, all accumulated Sick Leave and Vacation Leave must be utilized concurrently until exhausted.
4. The term "full year of employment" in this policy is a period of employment of twelve (12) continuous calendar months. The amount of time allowed for an employee for University (Short-Term) Disability Leave shall be calculated from the first day of employment through a continuous twelve (12) month period of regular employment. Regular employees who have not completed one (1) full year of continuous employment are not eligible for paid University (Short-Term) Disability Leave.
5. University (Short-Term) Disability Leave will be allowed proportionately for an employee on a continuing regular part-time appointment, provided the employee is employed at least one-half (1/2) time.
6. A staff employee utilizing University (Short-Term) Disability Leave as a result of a Workers' Compensation injury or an accident will have University (Short-Term) Disability payments reduced by any compensation received from the University's Workers' Compensation Insurance Company. This benefit reduction will correspondingly reduce the balance of the employee's 130 days of University (Short-Term) Disability Leave.

In computing the use of University (Short-Term) Disability Leave for an employee, holidays shall be counted at 100 percent pay, but will not extend the six (6) month period.

University (Short-Term) Disability Leave is to be utilized for injuries, illnesses and/or disabilities that are continuous in nature and are expected to extend for at least six (6) months in duration. Therefore, a physician's statement addressing the nature and anticipated duration of the injury, illness, and/or disability will be required prior to approval of the University (Short-Term) Disability Leave and periodically thereafter. The University reserves the right to verify diagnosis with another physician of its own choosing and it its own expense.

Employees who have utilized University (Short-Term) Disability Leave and returned to full or part-time employment must complete a two (2) year waiting period to qualify for use of University (Short-Term) Disability Leave again.

Abuse of the University (Short-Term) Disability Leave privilege shall be promptly referred to the Chief Human Resources Officer.
 

1. When a pattern of University (Short-Term) Disability Leave used by an employee indicates abuse of the privilege, the supervisor will take appropriate action. 
2. Unjustified or fraudulent claims of University (Short-Term) Disability Leave may result in loss of pay for the period of absence and/or dismissal.

An employee who transfers or is promoted from one department or division to another will be credited with their unused University (Short-Term) Disability Leave.

When it is apparent that serious illness will result in the use of accumulated leave absences, the Human Resources Office should be contacted for verification of eligibility for Long Term Disability.

The University reserves the right to require a physician's statement certifying the employee's ability to return to full-time unrestricted duty prior to actual return to work.

Upon exhaustion of FMLA leave, if an employee is unable to return to work, the supervisor may fill the employee's position. However, the employee in approved University (Short-Term) Disability status will continue to receive this disability benefit through the six (6) month period. Should an employee be released to return to work after the expiration of FMLA leave, but prior to the expiration of University (Short-Term) Disability Leave, the employee may apply for any vacant University position for which they qualify and will be considered along with all other applicants.

University (Short-Term) Disability Leave generally will not exceed 130 days in duration and runs concurrently with all other accumulated FMLA, Vacation, and Sick Leave balances.