11.10 Leaves from Work

The College provides eligible employees with time away from work for a variety of family and medical reasons. The following summarizes the College’s time away practices. Please note, time away from work and leaves of absences are subject to a complex set of requirements imposed by federal and state law that cannot be thoroughly discussed here. In some cases, the College provides leaves that are more generous than what the law requires.

Time away from work take various forms, either with or without pay. Time away from work may be granted only when a staff member submits a request to his or her supervisor within a reasonable time in advance of the desired leave, or, in the case of medical disability or emergencies, as soon as possible after the disability or emergency occurs. All parental, personal, and educational leaves must be approved in advance by the Employment Services Department for Staff and by the Dean of Faculty for Faculty. All time away (with and without pay) must be reported on a time record/report/sheet.

If an employee will be away from work for medical reasons for a combination of three or more days, the employee must complete a Request for Leave of Absence Form and may be required to provide a completed Certification of Health Care Provider form.

Employees with an assigned FTE of .5 or greater are eligible for time off benefits which are prorated per FTE.

Approval of time away from work is granted for a specific period of time. An employee who foresees being unable to return to work at the end of the approved time away period should complete and return another Request for Leave of Absence Form.  Employees approved for time away from work or leaves of absence by the College are prohibited from working another job in the same capacity while on approved time away or leave of absence. Employees who abuse time away or leaves of absence lose their rights to time away and/or leaves of absence and can corrective action up to and including termination of employment. The employment of any employee who does not return to work at the end of an approved time away period, including any extensions, will be terminated as of the date the approved time away ends.

While on a FMLA leave of absence, employees may continue to participate in Macalester’s group insurance plans. Insurance premiums, which are normally paid through payroll deductions (called employee contributions), are deducted from employee’s paychecks when receiving pay. Employees off of work under FMLA for an extended period of time and not receiving pay will owe Macalester for benefits employee contributions.

If FMLA expires and leave continues, Macalester will no longer contribute to insurance premiums. However, employees will have an opportunity to continue coverage through COBRA at their own expense.

While on a non-FMLA leaves of absence of beyond two weeks, Macalester will no longer contribute to insurance premiums. However, employees will have an opportunity to continue coverage through COBRA at their own expense.

Time off benefits (vacation and sick) will continue to accrue while receiving pay through Macalester. Holiday pay will not be paid during leaves of absence periods of more than two (2) weeks at a time.

11.10.1 LEAVES WITH PAY

Paid Parental Leave – Faculty

Full-time faculty members with a FTE of 0.75 – 1.0 are eligible for the equivalent to a 2-course release at full salary for the birth or adoption of a child or foster care placement. . Part-time faculty members with an FTE of 0.50 – 0.75 are eligible for a pro-rated paid parental leave benefit equivalent to a 1-course release. Generally, the 2-course release coincides with an entire semester leave whereby the faculty member would teach 3 courses on the alternate semester of the academic year. Leave must be taken during the semester in which the birth, adoption or foster care placement occurs or in the semester immediately following the event. Salary will be reduced by the equivalent of a 0.17 FTE if the time away corresponds with a 3-course semester and alternative arrangements are not made/available to fulfill the responsibilities associated with the third course on the alternate semester of the academic year. The benefit is available immediately upon hire.

Parental leave is available to birthing and non-birthing parents. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the total amount of paid parental leave granted for that event. The adoption of a new spouse’s child is excluded from this policy.

Family Medical Leave Act (FMLA) and the Minnesota Parenting Leave Act will run concurrently with the Paid Parental Leave. 

A faculty member wishing to take advantage of parental leave should notify the Department Chair and Dean of the Faculty so that arrangements to cover classes and committee assignments can be made in a timely fashion. The Department Chair and the Dean of the Faculty are responsible for making these arrangements. In the event of a birth, adoption or foster care placement, pre-tenure faculty members have the option of delaying their pre-tenure or tenure review by up to one year. A faculty member electing a parental leave should discuss the timing of future reviews with the Dean of the Faculty; the final decision should be made and communicated to the Dean of the Faculty no later than the beginning of the semester prior to the one in which their pre-tenure or tenure case is scheduled to be reviewed.

Parental leave will count as time in service toward salary determination and eligibility for sabbatical leave. The College’s contribution for health, disability, life insurance premiums and retirement plan will continue during parental leaves.

Paid Parental Leave – Staff

Macalester staff members with an FTE of 0.50 or greater who become parents through birth, adoption or foster care placement are eligible for a 12-week, fully-paid parental leave (prorated per FTE). The benefit is available immediately upon hire. The leave is available for birthing and non-birthing parents. The leave must occur within 12-months of the birth, adoption or placement, and may be used continuously or intermittently. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the total amount of paid parental leave granted for that event. The adoption of a new spouse’s child is excluded from this policy. 

Family Medical Leave Act (FMLA) and the Minnesota Parental Leave Act run concurrently with Paid Parental Leave. 

Staff members wishing to apply for parental leave should first notify their manager so that arrangements to cover the staff member’s assignment can be made in a timely fashion if necessary. The manager and applicable leaders within the business line are responsible for making these arrangements. Forms for requesting a leave of absence are available on the HR website.

Bereavement Leave

• After 90 calendar days of employment, benefit eligible employees are provided up to five (5) consecutive scheduled days away from work, per occurrence, in the event of the death of the employee’s current spouse, registered domestic partner, father, mother, son, daughter, brother or sister.
• After 90 calendar days of employment, benefit eligible employees are provided up to three (3) consecutive scheduled days away from work, per occurrence, in the event of the death of the employee’s father-in-law, mother-in-law, stepson, or stepdaughter.
• After 90 calendar days of employment, benefit eligible employees are provided up to one (1) scheduled day away from work, per occurrence, in the event of the death of the employee’s former spouse, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, grandmother, grandson, granddaughter, stepfather, stepmother, niece, nephew, uncle, aunt, or co-worker.
• Payment of bereavement leave time may be conditioned upon the employee submitting to the College’s Employment Services department satisfactory proof, as determined within the sole discretion of the Employment Services department, of the death of the deceased.
• Bereavement leave will generally coincide with the day before, the day of, and the day after the funeral if scheduled to work. If appropriate, employees may request an alternate bereavement time to accommodate cultural bereavement processes. 
• Employees are paid at straight-time rates, with no overtime or shift differential, for any regularly scheduled hours missed during the period of the bereavement leave.
• Employees may arrange for additional time off with the approval of their manager.   Additional time will be paid using vacation time. If vacation time is not available, employees may request time off without pay. Bereavement leave is not paid when an employee is in on an unpaid leave of absence.

Jury Leave

All employees are encouraged to serve when called for jury duty. All employees with regular employment will be kept whole with regard to salary and benefits for up to one month. Compensation received for serving on a jury may be kept by the employee as Macalester does not require reporting of these wages. Benefit coverage will continue uninterrupted. A person serving on a jury is expected to report to his or her department for work during normal working hours when the jury is recessed.

Voting

While polling places are typically open before 8am and well after 4:30pm, all employees are permitted paid time away, for eligible elections, on the day of that election. Eligible elections include state and federal elections, as well as all regularly scheduled local elections. For the purpose of maintaining appropriate staffing levels to meet business needs, Supervisors may ask individuals to identify and coordinate desired times away from work. Individuals, per State Statute, may take only as much time as needed to vote and then proceed to or return to work, if within normally scheduled hours. Deductions, by law, to any leave balances to cover time away are not permitted.

Election Judge Leave

All employees participating as an Election Judge will be made whole for wages on Election Day. An employee may endorse the check for election judge service to the College, or the College will reduce the employee’s salary/wages by the amount received for being an election judge. Since this is only a one day leave on the day of service, benefits are not affected.

Medical Leave – Faculty

Tenure and tenure track faculty are eligible for paid medical leaves of up to 90 days due to an injury; illness; health condition; preventative care; or to care for an eligible family member for the same reasons; domestic violence or personal safety reasons; certain business closures by order of a public official; or to care for a child whose school or place of care has been closed by order of a public official. Non-tenure track faculty with an assigned FTE of .5 or greater are eligible for paid medical leaves of up to 90 days after two years of continuous service with the College. Faculty medical leave is prorated per FTE. Each year, any faculty member may use up to 80 hours of “emergency medical leave” provide for in this Policy for any of the reasons articulated in, and in the matter required under, the St. Paul Sick Leave Ordinance. Faculty members who have missed or will miss a combination of three (3) or more days for medical leave are required to contact Employment Services. Arrangements for classes and other responsibilities will be made by the Dean of Faculty in consultation with the department chair.

Sick Time – Staff

All staff employees are eligible for sick time.  Employees with a 0.50 FTE or greater accrue sick time at approximately 12 days per calendar year (prorated per FTE), and may carry an unlimited balance from year to year.  Employees with an FTE below 0.50 accrue 1 hour for every 30 hours worked, may accrue up to 48 hours per year, and may roll over a balance of up to 80 hours from year to year.  Employees earn sick time each pay period and can use sick time as it is accrued.

Sick time is to be taken when you are unable to perform your job duties due to illness, injury, health condition, or for physical or mental distress. Sick time should also be used if you may expose fellow employee(s) or the public to a contagious or infectious disease. Sick time can also be used if an employee experiences a physical disability, which includes pregnancy and any pregnancy-related disability.

Here are some example of how employees may use their sick time for the following purposes:

• Illness, injury, health condition, and preventive care visits
• Mental health and personal well-being, including mental health days
• Diagnostic visits, care, or treatment
• Leave related to domestic violence, sexual assault, or stalking
• Business, school, or child/adult daycare facility closures 
• Quarantine/Isolation

Employees may use their sick time to care for:

• Themself
• Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis
• Spouse or registered domestic partner
• Sibling, stepsibling, or foster sibling
• Biological, adoptive, foster, or stepparent, or a person who stood in loco parentis when the employee was a minor child 
• Grandchild, foster grandchild, or step grandchild
• Grandparent or step grandparent
• Child of a sibling of the employee (nieces/nephews)
• Sibling of the parents of the employee (aunts/uncles)
• Child in law or sibling in law
• Any of the family members listed above of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship
• Up to one individual annually designated by the employee

Overall, employees can use sick time on any person you deem important in your life. Under certain circumstances, your manager or Human Resources may request a treating clinician’s statement, to include the nature of care being provided, the date the current illness or injury occurred, the date the treating clinician first saw the employee or family member, the date when the treating clinician expects the employee or family member to return to work, and any work restrictions, during any paid time away, or before allowing the employee to return to work. 

In order to allow coordination of paid sick leave with Family Medical Leave (FMLA), an employee missing work for a combination of more than 3 days for the same condition, will be required to complete a Request for Leave of Absence Form and return the form to Human Resources as soon as reasonably possible. If the paid medical leave also qualifies for FMLA, both FMLA and medical leaves run concurrently.

Time off balances may be used for time off due to an injury covered by the Worker’s Compensation Act for the second and third calendar days of lost time since worker’s compensation salary reimbursement begins after three calendar days of lost time. Employees may also utilize accrued time off benefits to supplement Worker’s Compensation payments. Combined time off benefits and worker’s compensation payments may not exceed an employee’s regular FTE defined pay per pay period.

Bone Marrow Donor Leave

Employees with an assigned FTE of .5 or greater, with appointments of greater than six months, are eligible for up to one week (adjusted per FTE) of paid time off to undergo a medical procedure to donate bone marrow. This time away may be taken on an intermittent basis as it is necessary. Employees will be required to provide verification by a physician of the purpose and length of the time away. This time away will not be charged against any other type of time off balances.

Staff Vacation Time

Macalester supports employee’s need for time off from work by providing vacation time to employees with an assigned FTE of 0.50 or greater and appointments of greater than 6 months. Vacation time is accrued at the rate of .0924 per compensated hour and the total annual accruals is prorated per FTE. Employees may use vacation time as accrued, with the approval of their manager. Requests for time off must be approved by their manager and when possible, should be scheduled in advance. The employee’s manager has discretion to deny an employee’s request to use vacation days; generally, such denial should be based on operational needs related to the employee’s position and/or department, lack of sufficient notice before the start of the requested vacation time, or other reasonable basis. For any unscheduled time off, employees must notify their manager per department guidelines.

Official holidays and sick time are not part of the vacation time accrual. Employees who take time off will be required to use time off benefits. Members of Macalester’s collective bargaining units (CBU) should refer to the collective bargaining contract for details regarding their vacation benefits.

Vacation time may accrue up to the equivalent of 48 days (372 hours) prorated by FTE. Vacation time may be carried over from year to year, but the maximum vacation time carried over from year to year cannot exceed the amount equivalent to 48 days of vacation prorated by FTE.

Employees that depart the College after less than six months of employment are not entitled to be paid for any accrued vacation time. Eligible employees that depart the College after six months or more of employment with the College may be paid accrued vacation time equivalent up to one year’s worth of accruals. If an eligible employee’s FTE falls below eligibility requirements, up to one year’s accrued vacation time may be paid out. Staff positions are budgeted for the appointment period only and therefore there are no funds available for paid vacations outside of the appointment period.

If your need for time away is for 3 or more days to help with a serious health condition affecting you, your spouse/domestic partner, your dependent or your parent, please contact Human Resources to talk about a Leave of Absence and if it qualifies for Family Medical Leave.

Vacation Accrual – Staff *Table reflective of a 1.00 FTE

	Hours Accrued per pay period	Annual Days Accrued	Max Carryover Hours
Bi-weekly paid Staff	7.16	24	372
Bi-weekly paid Public Safety	7.39	24	384
Monthly paid Staff	15.50	24	372

Note: CBU employees should refer to the collective bargaining agreement for time off benefit policies.

EXEMPT VACATION TIME ACCUMULATION RATES
Vacation Hours Accrued (Based on 1.0 FTE*)	Maximum Accumulation Hours (24 months of accrual, based on 1.0 FTE*)
15.5 hours per month (proated based on FTE)	Cannot exceed 372 hours in any given month

• *Accrual is pro-rated based on FTE
• Vacation accruals in excess of 24 months of accrual are forfeited each month in which the accrual is at the maximum.
• When claiming time away, non-exempt staff should record time utilized in 1/4 hour increments (i.e. .25, .50, and .75). Exempt staff may utilize time away in two-hour increments. It is expected employees account for all time away within the same work week. Flexible work arranges may be available with supervisor approval to make up time away within the same work week therefore time away may not need to be utilized. It is each supervisor’s responsibility to monitor time away and ensure that they do not become excessive in relation to the hours worked by the employee.
• Cash payment may not be made in lieu of paid time benefits. In addition, time off benefits will not be paid in excess of authorized hours.

11.10.2 LEAVES WITHOUT PAY

Unpaid Leave – Faculty
Tenured and tenure track faculty may request an academic year leave without pay for professional or personal reasons.  Faculty considering such a leave should contact the Dean of Faculty and department chair at least one semester before the leave is to begin. Leaves without pay do not include benefits.

Unpaid Leave – Staff
A leave of absence without pay may be granted to a staff member for several purposes when time off benefits have been exhausted. Many leaves require approval by your supervisor. Returning employees will be reinstated to their original job, if possible, or to a position of like status and compensation. Leaves of absence, except for military, normally will not exceed six months.

A request for a leave of absence without pay for more than three days must be submitted in writing to your supervisor 30 days in advance, when the leave of absence is “foreseeable”. The request must be forwarded to the Employment Services Department for final approval. If you are on an approved leave of absence without pay for more than 2 weeks, you will not accrue time off benefits. Furthermore, while on a non-FMLA leave of absence of beyond two weeks, Macalester will no longer contribute to insurance premiums. However, employees will have an opportunity to continue coverage through COBRA at their own expense.

While on an approved leave, employees continue to earn service time toward benefits eligibility requirements, but no other benefits, except as described above. If you do not return to work at the end of your leave of absence, or are not granted an extension, or have not submitted a letter of resignation to the Employment Services Department, it will be assumed that you have resigned. Failure to return to work may require you to reimburse the College for the cost of health insurance premiums paid during your leave. Notify your supervisor and the Employment Services Department if you plan to return before the scheduled end of your leave.

Family and Medical Leave Act

Employees who have been employed for at least twelve months, and who have worked at least 1,000 hours during the prior twelve month period (.50 FTE) are eligible to take up to twelve weeks of unpaid leave in any twelve month period for a “serious health condition” if medical information certifying the condition is provided to the college. This leave can also be used to care for the spouse, dependent, or domestic partner of the eligible employee, if such an individual has a “serious health condition”.

More information is available on the “Plan Documents, SPD’s, and Notices” page of the Employment Services website.  See the Notice titled “FMLA Rights” for details.

Minnesota Parenting Leave

Minnesota law provides employees an unpaid leave of absence of up to 12 weeks for the birth or adoption of a child. When an employee is also eligible for protected time under the Family Medical Leave Act, the Minnesota leave law will run concurrently.

The leave must begin within six weeks of the birth or adoption. (However, when a newborn child remains in the hospital longer than the birthing parent, leave may begin within six weeks of the time that the child leaves the hospital). If practicable, an employee must provide Macalester with at least 5 days of notice before the leave is to begin.

If at the time an employee seeks a leave of absence for the birth or placement of a child, the employee is eligible for a paid parental leave, the employee must use the paid parental leave instead of the unpaid parenting leave. The amount of unpaid parenting leave available will be reduced by the amount of paid leave taken. Accrued sick time may not be substituted for Minnesota parenting leave.

Macalester will continue to make health insurance available to eligible employees while on a Minnesota parenting leave.

Upon returning from leave, an employee will be returned to the employee’s former position or a position of comparable duties, number of hours, and pay plus any automatic adjustments in the employee’s pay scale that occurred during the leave. An employee retains all accrued benefits and seniority as if there had been no interruption in service.

If Macalester experiences a layoff during an employee’s leave, and the employee would have lost their position had the employee not been on leave, the employee is not entitled to reinstatement. If an employee on leave is laid off, the employee retains all rights under the layoff and recall system as if the employee had not taken leave.

If Macalester, in its discretion, consents, an employee may return to work part-time during the leave.

School Conference And Activity Leave

Macalester College provides all employees un-paid time away of up to a total of 16 hours during any 12-month period to attend school conferences or school-related activities related to the employee’s child, provided the conferences or school-related activities cannot be scheduled during non-work hours. If the employee’s child receives child care services or attends a pre-kindergarten regular or special education program, the employee may use the time away provided in this section to attend a conference or activity related to the employee’s child, or to observe and monitor the services or program, provided the conference, activity, or observation cannot be scheduled during non-work hours.  Foster children are also covered under this provision.

Time away taken in this manner is un-paid, though accrued vacation time may be used to cover the time period taken. When the time away cannot be scheduled during non-work hours and the need for the time away is foreseeable, the employee must provide reasonable prior notice of the time away to their supervisor and make a reasonable effort to schedule the time away so as not to disrupt unduly the normal operations of the department.

Military Leave

You are entitled to a military leave of absence without pay for service in the armed forces of the United States or a state National Guard. Short leaves may be with pay if they are charged to your accumulated vacation. If you are called to active duty, please contact the Employment Services Department regarding your benefit status during leave.

Personal Leave

You may apply for short leaves without pay for such purposes as childcare and travel when time off benefits have been exhausted. Personal leaves of absence will be approved or disapproved by your supervisor and the Employment Services Department, taking into consideration the needs of the College and your department.

Educational Leave

An educational leave to study may be granted if it is determined by the College that such a leave of absence will benefit both you and the College by enabling you to perform your job duties more effectively. See Section 5 for the Staff Professional Leave Policy.