Elgin Community College Faculty Association

5.1 Jury Duty/Court Related Leave.

All faculty summoned as jurors will notify the appropriate dean/supervisor as soon as possible after she/he has received notice to serve, or the College Paralegal if subpoenaed for a work-related matter. Summoned/subpoenaed faculty required to appear in court during a day on which otherwise they would have been scheduled to work, will be paid their normal salary during this period, provided the faculty member shall promptly reimburse the College any monies paid for such service which must be reported as income to the Internal Revenue Service (other than payments for meals, travel or other expenses). Such time will not be deducted from accumulated sick leave or personal leave.

Faculty members who are a plaintiff or defendant in a criminal or civil proceeding unrelated to their employment by the College must use accumulated sick or personal leave for any absence from work.

5.2 Maternity/Parental/Adoption Leave.

Employees are entitled to a Maternity/Parental/Adoption Leave subject to the following
conditions:

1. The employee shall notify the Human Resources department, in a written statement, indicating the date that the child is expected to arrive. Application for Parental/Adoption Leave shall be submitted to the Human Resources Department at least one hundred twenty (120) calendar days prior to the anticipated arrival of the child. At the time of application the employee must designate all of his/her leave intentions.
   
   
2. Leave may be taken as follows:
   
   
   1. If eligible for Family and Medical Leave Act (FMLA) the employee will be entitled to twelve (12) weeks of leave as outlined in Article V, Section 5.3.
      
      OR
      
      
   2. If the employee is not eligible under the provisions of the Family and Medical Leave Act he/she will be entitled to leave for up to 12 weeks as follows:
      
      
      1. During this time the employee must use any accumulated benefit time.
         
         
      2. The board will continue to pay health insurance premiums as if not on leave.
         
         
      3. After all benefit time has been exhausted, the employee shall pay for the employee and employer share of insurance premiums.
         
         
3. At the conclusion of the Maternity/Parental/Adoption Leave as outlined in paragraph two (2), the employee may request an unpaid leave Parental Leave up to forty (40) weeks. The employee will be responsible for maintaining all of his/her health insurance premium benefits, if he/she so desires, by making the appropriate payments to Human Resources as outlined in their application for Maternity/ Parental/Adoption Leave.
   
   
4. An employee who is granted a Parental Leave will return to his/her former position at the conclusion of the leave provided the employee returns by the fifth week or earlier of the semester in which he/ she wishes to return.
   
   
5. In the event that the leave ends after the fifth week of the semester, the college retains the right to keep the employee on leave until the start of the following semester.
   
   
6. This section shall not be applicable if the child is attending school
   (except kindergarten).

5.3 Family Medical Leave.

Faculty members who have worked for the College for the preceding 12 months and who have a serious health condition may be eligible for up to 12 weeks of leave during any rolling 12-month period under the Family and Medical Leave Act (FMLA). FMLA leave may be taken on an intermittent basis.

Leave Designation. An eligible faculty member may elect to substitute any accrued personal leave, or medical or sick leave for any part of the 12-week period of such FML. Such designation shall be prior to the conclusion of the leave.

Faculty members who wish to apply for a FMLA leave are required to meet certain notification and documentation requirements that are available from the Human Resources. The College reserves the right to designate a faculty member's absence from work as FMLA leave consistent with the law.

An eligible faculty member will follow the FMLA leave guidelines for one or more of the following reasons:

• For the birth and care of a newborn child of the employee or placement with the faculty member of a son or daughter for adoption or foster care;
• to care for a spouse, son, daughter, or parent with a serious health condition;
• to take medical leave when the faculty member is unable to work because of a serious health condition; or
• for qualifying exigencies arising out of the fact that the faculty member's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

The College will grant an eligible faculty member who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a "single 12-month period" to care for the service member.

For more information on FMLA leave procedures and requirements, faculty members should contact Human Resources.

5.4 Personal Leave.

Each faculty member shall be granted two (2) days without loss of salary each academic year for personal leave. Such leave shall be for the purpose of completing matters which cannot reasonably be attended to or postponed to days or hours on which the faculty member is not required to be on campus. If unused, such leave shall accumulate as sick leave. Notice of planned utilization of personal leave shall be given in writing to the dean/supervisor or designee at least seventy-two (72) hours in advance, except in an emergency, when such notice shall be given orally as soon as possible, and thereafter promptly confirmed in writing. Personal days shall be taken in units of one-half (½) days.

The fractional amount of leave requested shall be calculated in relation to the in-class commitment of the faculty member on the intended leave day, i.e., an individual with an in-class commitment of two classes in the morning, who misses one of the two classes, would be charged one-half (½) day leave.

Acknowledgment of the use of a personal day is to be recorded in the Human Resource's Office or its designee.

Personal leave is not intended to be used for extension of a holiday or vacation period. Only in cases where personal leave and holiday or vacation period are unrelated will consideration be given.

5.5 Professional Activity / Meeting Leave.

Leaves of absence without loss of pay or other benefits may be granted by the dean/supervisor for a faculty member to attend professional meetings. Refusal of a request for professional meeting leave may be appealed to the Vice President of Teaching, Learning and Student Development.

Faculty may use four (4) days during each year of this contract for professional activities of his/her choice.

Notice to use professional leave shall be given in writing to the dean/supervisor or designee at least seventy-two (72) hours in advance.

5.6 Religious Leave.

A faculty member may utilize up to three (3) days without loss of pay or deduction of personal leave to observe recognized religious holidays of his/her faith if such observance requires such leave. Notice of intent to utilize such leave shall be given in writing at least fifteen (15) calendar days in advance.

5.7 Sabbatical Leave.

1. The Board shall grant to four (4) eligible, full-time, tenured faculty who shall have appropriately applied for the same sabbatical leave, provided that, in the judgment of the Faculty Development Committee and concurrence of the Board by its resolution, such leave will clearly add to the effectiveness of the faculty member in the performance of his/her responsibilities at the College and/or clearly accrue to the benefit of the College.
   
   
2. Tenured faculty are eligible to seek a sabbatical leave for an academic semester, an academic year or a summer after having completed six (6) years of full-time service as a faculty member of the College or since his/ her last academic semester or academic year sabbatical leave. Tenured faculty will be eligible to seek an academic semester or academic year sabbatical leave three (3) years after the completion of a summer sabbatical. Furthermore, tenured faculty are eligible to seek a summer sabbatical three (3) years after the completion of an academic semester, academic year, or summer sabbatical. A faculty member shall not be eligible for any sabbatical leave following an academic year in which he/ she was on leave of absence for sixty (60) days or more.
   
   
3. Faculty shall make application for sabbatical leave in writing to the Vice President of Teaching, Learning and Student Development or designee pursuant to a reasonable timetable which shall be established. Such application shall include all the dates pertinent to such leave.
   
   
4. Two (2) sabbatical leaves shall be for a period of one (1) academic semester or one (1) academic year, and two (2) shall be for the summer term.
   
   
5. A. During the period of sabbatical leave, faculty shall receive one-half (½) of his/her salary for an entire academic year, or all of his/her salary for a leave of one (1) semester. Faculty on sabbatical leave during the summer session shall receive a stipend equal to six (6) credit hours multiplied by the summer school rate as referenced in section 6.14.
   
   B. If, during the period of sabbatical leave, the faculty earn taxable remuneration for contracted work, the salary paid by the College shall be reduced accordingly. Faculty may accept a stipend or grant intended to cover expenses but which does not require the performance of specific duties. Taxable remuneration shall not include royalties, dividends, interest or like income not derived from work performed during the period of the sabbatical leave.
   
   C. As used in the preceding subparagraph, "salary" shall not include any additional amounts for summer school, extra-duty stipends or overloads. All insurance benefits shall continue and sick leave and vertical movement on the salary schedule, if any, shall accrue during the term of the leave.
   
   D. Faculty on sabbatical leave shall not teach at Elgin Community College or perform their customary duties, unless a request is submitted in writing to the dean and Vice President of Teaching, Learning, and Student Development and approved in writing by the President.
   
   
6. As a condition precedent to sabbatical leave, faculty shall agree to return to the College as full-time faculty for at least one (1) academic year immediately following the conclusion of such leave and shall execute a promissory note assuring restitution of all salary paid during such leave if he/she does not return, such to be payable in bi-monthly installments over a term not to exceed twice the length of the leave.
   
   
7. Faculty shall make a comprehensive written report to the College President and the Board at the conclusion of the leave. This report should include, but is not limited to, a summary of the program of study or project, an evaluation of the experience, and how the results of the leave will be used to improve instruction.
   
   

5.8 Sick Leave.

Faculty shall have the right to utilize sick leave due to personal illness or disability or because of a medical emergency in the faculty member's immediate family defined as spouse, children, parents, grandparents and grandchildren. If the leave does not qualify as FMLA or is due to death to immediate family, the leave shall be limited to five (5) days. If extenuating circumstances arise, the College President may approve additional leave. A doctor's statement substantiating the illness and/or verifying ability to return to work may be required.

Sick leave shall be earned at the rate of twelve (12) days per year with unlimited accumulation. All sick days shall be available on the first day of the academic year. No payment for unused sick time accrued will be made. If legislation during the term of this contract requires the College to pay faculty members for unused accrued sick days, the maximum which may be accrued for payment is one hundred eighty (180) days.

Faculty who are disabled and have used all of his/her accumulated sick leave shall be paid one-half (½) his/her salary for a maximum of sixty (60) calendar days or until the State Universities Retirement System (SURS) begins disability payments, whichever comes first.

The Board authorizes ECCFA to establish a Sick Leave Bank. Donations to this bank will be open to all faculty members and will be voluntary. The bank shall be administered by Human Resources.

The Sick Leave Bank is subject to the following guidelines:

1. Notices of participation in the bank must be provided on the appropriate form to Human Resources no later than September 30 for the current academic year.
   
   
2. Notice of withdrawal of participation must be made no later than September 30 for the current academic year. Days already donated shall remain in the bank.
   
   
3. Each faculty member may contribute up to two (2) sick days per academic year to the bank.
   
   
4. After depletion of personal sick leave, any ECC employee may apply to a faculty committee chaired by a member of the Human Resources staff for additional sick days from the bank. This committee will establish general guidelines for distribution of banked days. If the committee denies the request, the committee will notify the applicant in writing, with the reasons for denial.
   
   
5. The Sick Leave Bank shall be available only for the illness of the employee and not for the illness of a family member.
   
   Employees applying to the bank shall absolve and hold harmless in all respects the Board of Trustees, the administration, ECCFA and the committee regarding the establishment and implementation of the Sick Leave Bank.
   
   

5.9 Leave of Absence.

Faculty may be granted an extended leave of absence for personal reasons, without remuneration, when the requested leave does not create a disruption of the activities of, nor an undue hardship upon, the College. Such leaves are not to exceed one academic year. All requests for such leaves are to be made to the dean/ supervisor and, if recommended, are submitted by the administration to the Board for approval. Faculty granted leave under this provision will, upon returning to the staff, be entitled to full reinstatement of all provisions of tenure, if applicable, and other suspended benefits. No sick leave, vacation time, nor time counted toward tenure status shall be accrued during such a leave. Faculty on leaves granted for educational improvements and work experience shall be advanced one (1) step on the salary schedule as though they were not on leave, provided they carry out the provisions of the leave. Those on leave for any other purpose shall not be advanced on the salary schedule.

Faculty may be granted an extended leave for the purpose of educational improvement, work experience, family hardship or other personal reasons.

5.10 Employment Status at Conclusion of Leave of Absence.

Except as otherwise provided elsewhere in this contract, any faculty granted a leave of absence shall be treated by the Board upon termination of such leave in the same manner as though such faculty member had not been on leave of absence, provided only that all of the conditions of such leave have been complied with by the faculty member.

5.11 Unemployment Compensation.

As a condition precedent to all leaves of absence, faculty agree to waive any claim of whatsoever nature for unemployment compensation during the period of such leave.

5.12 Notice of Intention to Return.

In all instances where faculty are granted a leave of eight (8) months or more, as a condition thereof, faculty must advise Human Resources at least ninety (90) calendar days (or March 15, whichever occurs first) prior to the beginning of the next semester (after expiration of leave) of his/her intention of return. If notice is not given as required herein, it shall be treated as an election not to return to employment and as a resignation from the College.

5.13 Victims' Economic Security and Safety Act (VESSA).

Faculty members who have worked for the College during any 12-month period may be entitled to a total of 12 workweeks of leave during any 12-month period under the Victims' Economic Security and Safety Act (VESSA). VESSA leave may be taken on an intermittent basis.

A faculty member may take VESSA leave to:

1. Seek medical attention for, or recovery from, physical or psychological injuries caused by domestic or sexual violence to the faculty member or faculty member's family or household member;
   
   
2. Obtain victim services for the faculty member or faculty member's family or household member;
   
   
3. Obtain psychological or counseling for the faculty member or faculty member's family or household member;
   
   
4. Participate in safety planning, including temporary or permanent relocation or other actions to increase the safety of the victim from future domestic or sexual violence; or
   
   
5. Seek legal assistance to ensure the health and safety of the victim, including participating in court proceedings related to the violence.

Faculty members who have paid sick leave available to them may use such leave concurrently with their VESSA leave. After exhausting his or her paid leave, the remainder of a faculty member's VESSA leave will be unpaid.

Faculty members who wish to apply for a VESSA leave are required to meet certain notification and documentation requirements that are available from Human Resources. The College reserves the right to request one or more of the following:

• Documentation from a victim services organization, attorney, member of the clergy, or medical or other professional from whom the faculty member's family or household member has sought assistance;
  
• A police or court record; or
  
• Other corroborating evidence.

Faculty members must pay their share of health insurance premiums while on VESSA leave. If a faculty member fails to return to work following the conclusion of a VESSA leave, the Board may recover the health insurance premiums it paid on behalf of the faculty member.

For more information on VESSA leave procedures and requirements, faculty members should contact Human Resources.

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