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ARTICLE XVI - TEMPORARY DISABILITY OR PARENTAL LEAVE
| 16.1 |
The term "temporary disability" for purposes
of this Article shall be defined as any temporary physical or
mental incapacity including pregnancy, complications of pregnancy
and childbirth.
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| 16.2 |
Employees covered by this Agreement shall be granted temporary
disability leave of twenty (20) calendar days, exclusive of Saturdays,
Sundays and authorized holidays and recesses during each year
of service. The unused portions of such temporary disability leave
shall be cumulative to a maximum of one hundred and sixty (160)
calendar days during which the college is in regular session.
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| 16.3 |
Any absences in excess of the cumulative temporary disability
leave accrued to the absentee shall be taken without pay, except
that the Board may, in cases of protracted disability or unusual
hardship, hear recommendations from the President that this provision
be waived in exceptional instances, without thereby establishing
a precedent.
For the purpose of computing the number of days of cumulative
temporary disability leave this Article shall be deemed effective
as of the date of the employee's appointment. Temporary disability leave shall be computed commencing
from the date of first absence from the assigned duties and shall
include all additional calendar days, exclusive of Saturdays,
Sundays and authorized holidays and recesses until such person's
return. Persons employed on fractional schedules shall have their
temporary disability leave and accumulated temporary disability
leave prorated. Temporary disability leave shall be earned only after a
full calendar month of service and no accruals or partial accruals
shall be granted for service of less than a full calendar month.
A full calendar month of service shall represent service from
the first working day through the last working day of a given
month. Any employee who is absent from duty because of a temporary
disability shall promptly inform his or her department chairperson,
who in turn shall inform the appropriate dean of the nature of
the temporary disability and of the probable duration of the absence. When any absence because of a temporary disability exceeds
thirty (30)consecutive working days, the absentee shall present
a statement from his or her physician explaining the nature of
his or her temporary disability and certifying that he or she
is fully capable to return to work. In the case of any such absence
because of a temporary disability in excess of thirty (30) consecutive
working days, the college may also require an examination by a
physician in its employ or appointed by it, who shall certify
his or her belief that the absentee is fully capable of returning
to work. In cases in which there is a conflict of opinion, a third
physician, acceptable to the absentee and to the President of
the College, shall be called in and his or her judgment shall
be accepted as conclusive. In the event that it is found that the
condition of such person is such that he or she is incapable of
resuming his or her normal duties, such person shall apply for
such additional period of leave of absence as may be necessary.
Failure to make such application for an additional period of leave
of absence shall be deemed neglect of duty. |
| 16.4 |
Persons who are members of a public retirement system
and who meet the eligibility requirements for service retirement,
and persons who are members of the optional retirement program
and who meet similar eligibility requirements to those of the
public retirement system, who announce their bonafide intention
to retire and file the appropriate application to retire shall
be granted a retirement leave of absence with full pay consisting
of one-half of their accumulated unused temporary disability leave
up to a maximum of one semester, or the equivalent number of school
days. The terms and conditions relating to the counting of such
days, intervening vacation periods, cancellation of such leave,reinstatement
to active service, etc., shall be governed by Section 3107 of
the State Education Law.
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| 16.5 |
In addition to the provisions of this Article, employees
entitled to disability insurance benefits shall receive paid temporary
disability leave from the date of the commencement of their temporary
disability up to the commencement of disability insurance benefit
payments, only upon presentation to the Personnel Director of
satisfactory evidence,provided by a duly-licensed physician, of
illness and a prognosis that such illness is reasonably certain
to result in a long-term disability that will last more than six
consecutive months.
Upon the return of the employee to duty such advanced temporary
disability leave that had been provided must be repaid through
assignment of future accruals. In the event the employee resigns
or voluntarily leaves the University, the remaining value of the
advanced temporary disability leave shall be deducted from remaining paychecks
or otherwise reimbursed to the University.
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| 16.6 |
Leaves of absence without pay for temporary disability
for periods of less than one(1) year may be recommended by the
Board to the appropriate retirement system for credit as service
for retirement. Increments may be recommended by the Board for
the period during which an employee is on leave of absence without
pay for temporary disability for periods less than one (1) year.
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| 16.7 |
Employees who on September 1, 1969 were entitled to cumulative
unused temporary disability leave in excess of one hundred sixty
(160) calendar days shall retain the excess accumulation. However,
thereafter, no temporary disability leave can be accumulated in
excess of one hundred sixty (160) calendar days.
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| 16.8 |
Special Leaves for Child Care
Special leaves for the purpose of caring for a newborn infant
shall be granted to a member of the Instructional Staff upon notification
to the President and application for such leave,provided the applicant
has legal responsibility for the care and/or support of said child.Such
leave shall, insofar as it is practicable, begin on February 1
or September 1 unless the date of the birth of the child is such
as to render these times inappropriate. The duration of the leave
shall ordinarily be for one full semester. In exceptional cases,
the President may terminate such leave during the college term,
provided there is an appropriate opening in which the applicant's
service may be utilized. An extension of such leave shall be permitted
on request for a period not in excess of one year from the end
of the original leave. No further extension shall be permitted.
Leaves for the purpose of caring for a newborn infant shall be
granted without pay during the period of the leave, including
the vacation period concomitant to the leave. If the leave is
for one semester only, the loss of paid vacation shall be for
one month only. If the leave is for two semesters, both months
of vacation shall be without pay. If the duration of the leave
is less than one calendar year, it shall be credited toward salary
increments; if it is one calendar year or more, it shall not be
credited toward salary increments.
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| 16.9 |
When the service of a member of the Instructional Staff
is interrupted by reason of absence on a leave for the purpose
of caring for a newborn infant, the period of creditable service
immediately preceding such absence shall be counted in computing
the years of service required for the granting of tenure, a certificate of
continuous employment, or for a certificate of continual administrative
service in a Higher Education Officer series title. |
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