< PreviousFMLA leave is unpaid leave (meaning the employee does not receive any pay entitlement from this type of leave). UA-PTC does require that the employee to use any Approved by Staff Senate: January 14, 2019 5.Grandchild; or 6.Ward of the state employee by virtue of the state employee having been appointed the person’s legal guardian or custodian; or any other legal capacity where the employee is acting as a parent for the child. “Educational activity” means any school-sponsored activity including without limitation: 1.A parent-teacher conference; 2.Participation in school-sponsored tutoring; 3.Participation in a school-sponsored volunteer program; 4.A field trip; 5.A school-sponsored program or ceremony; 6.A graduation or homecoming ceremony; 7.An awards or scholarship presentation; 8.A parents’ or grandparents’ breakfast; 9.A classroom party; 10.A school committee meeting; 11.An academic competition; and 12.Assisting with athletic, music, or theater programs. Leave that is unused may not be carried over to the next calendar year; and is not compensable at the time of retirement. 12.5 Court and Jury Leave Any employee who is subpoenaed as a witness or called as a juror will be entitled to regular compensation, in addition to any fees paid by the court for such services, and any absences from work for such purposes will not be counted as annual leave. Employees who choose to serve as expert witnesses will be required to take annual leave for the time required for such testimony. 12.6 Family Medical Leave Act In accordance with the Family and Medical Leave Act (FMLA) of 1993, UA-PTC provides eligible employees up to 12 workweeks or 480 hours of unpaid job protected leave, continuation of group health benefits, and reinstatement of the same equivalent job upon return from leave. Approved by Staff Senate: January 14, 2019 available sick leave, compensatory time, and/or annual leave, prior to being placed in unpaid leave status (meaning FMLA leave runs concurrent with any other leave). Eligibility To be eligible, employees must have been employed with the State of Arkansas for a total of 12 months within the last seven (7) years. The 12 months of employment do not have to be consecutive. In addition, the employee must have worked a total of 1,250 hours during the 12-month period immediately preceding the beginning of the leave, and experienced an FMLA qualifying event. An eligible employee may take up to 12 workweeks (480 hours) of FMLA within a 12- month period. Eligible employees may take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness when the employee is the spouse, son, daughter, parent, or next of kin of the service member. Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. The 12-month period used by UA-PTC for determining eligibility is a rolling year, with the 12-month period beginning the first day of FMLA leave usage. (For example, if an employee begins leave for surgery on June 10, the 12-month period begins on June 10, of the current year and ends on June 10, of the following year.) Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. FMLA Qualifying Events Eligible employees may take FMLA for one or more of the following qualifying events: •The birth of a child and to bond with or care for the newborn child within one year of birth; •The placement with the employee of a child for adoption or foster care, and to bond with or care for the newly-placed child within one year of placement; •To care for the employee’s spouse, child, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care;Approved by Staff Senate: January 14, 2019 •For any qualifying exigency arising out of the fact that a spouse, child, or parent is a military member on covered active duty or call to covered active duty status; or •For a serious health condition that makes employees unable to perform the essential functions of their job, including incapacity due to pregnancy and for prenatal medical care. Serious Health Condition. Generally, a serious health condition is defined as: •A condition which requires overnight hospitalization; •A condition which requires a minimum of three days of absence, with a doctor’s visit and a continuing regimen of care; or •A chronic condition for which the employee or family member continues to receive care. Requesting FMLA Leave If an employee knows in advance that leave will be taken, the employee should notify the supervisor at least 30 days prior to leave, or as soon as practicable if the leave will begin in less than 30 days. A request for Family and Medical Leave Form and the FMLA Procedures Acknowledgement Form should be completed and signed by the employee as soon as the employee knows the employee will be requesting time off for FMLA. These forms can be found online under UA-PTC Policy 420.31 Family Medical Leave Act at http://mediaserver.uaptc.edu/policies/400-Faculty-and-Staff/420-3-1- family-medical-leave-act.pdf. The signed forms should be submitted to Human Resources. A Certification of Health Care Provider Form must be completed by the employee’s doctor and submitted to Human Resources within 15 calendar days from the date of the request. Please note there are separate forms to apply for FMLA for self or a family member. These forms can be found online at http://mediaserver.uaptc.edu/policies/400- Faculty-and-Staff/420-3-1-family-medical-leave-act.pdf. Failure to provide the certification may result in denial of FMLA until the completed certification is received. The College may request re-certification for continual FMLA usage. Military FMLA To request FMLA as military personnel, the employee must complete additional forms specific to military personnel. These forms can be found online under UA-PTC Policy An employee may request intermittent or reduced-schedule leave to care for a family member in situations where the family member’s condition itself is intermittent or where the employee Approved by Staff Senate: January 14, 2019 420.31 Family Medical Leave Act at http://mediaserver.uaptc.edu/policies/400-Faculty- and-Staff/420-3-1-family-medical-leave-act.pdf. For additional information on Military leave, see Military Leave. Approval Notification An employee will be notified of a decision in writing within working days from the date of the request. Returning To Work If FMLA is granted for the employee’s own serious health condition, the employee must provide a statement from the healthcare provider stating that the employee is able to return to work. The Medical Release Form must be submitted to Human Resources on or before the return to work date. Any work restrictions must be identified on the statement and approved as a reasonable accommodation prior to the employee returning to work. Retaliation FMLA protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights. In the event you are not eligible for FMLA leave, UA-PTC has additional leave programs for which you may qualify. For more information on FMLA and other leave options, contact Human Resources. Maternity. An expectant mother may take FMLA leave before the birth of the child for prenatal care or doctor’s visits or if her condition makes her unable to work. An employee may request FMLA leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with the employee’s attorney or doctor representing the birth parent, or submit to a physical examination. After the birth or placement of a child for adoption or foster care, an employee may use any or all remaining leave time. The employee may not return on a part-time basis or intermittently take additional time after returning to work, unless the child is seriously ill, without supervisor’s approval. Maternity and Paternity leave is to be treated as any other leave for sickness or disability. However, the employee may elect to take leave of absence without pay Approved by Staff Senate: January 14, 2019 may be needed to share care responsibilities with another party or to make arrangements for changes in care, such as transfer to a nursing home. Intermittent leave may be taken for a serious health condition which requires treatment by a health care provider intermittently rather than one continuous period of time. Intermittent or reduced-schedule leave may be taken for absences where the employee or family member is incapacitated because of a chronic serious health condition even if the employee does not receive treatment by a health care provider (for example: asthma, diabetes, and epilepsy). In these cases, an employee is incapacitated only if the employee is unable to perform the essential functions of the position. If spouses are both employed by the college, they may take a combined total of 12 weeks to care for a newborn, newly adopted/foster child, or to care for the employee’s parent with a serious health condition. They may use the balance of “their leave time for other FMLA situations. For example, if a husband and wife are both employed by the college and have a baby, the mother might take eight weeks of FMLA leave and the father might take four weeks. Together they have taken 12 weeks for the birth. The father may still take eight additional weeks within a one- year period for another FMLA situation. The mother may still use the additional four weeks for another FMLA situation. FMLA allows leave for substance abuse only to undergo treatment by a healthcare provider and specifically excludes employee absence because of use of the substance. Stress qualifies as a serious health condition only if it rises to the level of mental illness or results in a physical illness. All medical information gathered as a result of the serious health condition is considered confidential. During the FMLA leave, benefits coverage will be continued. Employees who are placed on leave without pay status must make arrangements to pay any benefits premiums for which they are responsible. Upon return from FMLA leave, an employee will be returned to the employee’s original position or an equivalent position. If a medical certification was required, the employee will be required to provide a return to work certification. Return to work may be delayed if this certification is not provided. The amount of FMLA time used by an employee will be recorded by your Human Resources Department. 12.7 Maternity and Paternity Leave If an employee separates from a state agency and is paid for their annual leave upon separation, the employee is not allowed to return to state employment until he or she Approved by Staff Senate: January 14, 2019 without exhausting accumulated annual and sick leave (See section on Family and Medical Leave Act). 12.8 Nursing Mothers UA-PTC will provide reasonable break time for an employee to express breast milk for her nursing child for no less than one year after the child’s birth each time such employee has need to express the milk. The number and frequency of breaks can depend on several things, such as the number of feedings in a baby’s normal daily schedule; the effect a child’s age has on feeding needs, and whether the infant is eating solid food. Typically two or three breaks in an eight-hour shift will be sufficient; however, more might be required during longer shifts. These breaks will run concurrently with the employees rest breaks; depending on the individual’s needs, additional time may be granted for this purpose. Additionally, UA-PTC will provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public (door that locks), which may be used by an employee to express breast milk. 12.9 Military Leave Military leaves of absence will be granted in accordance with applicable federal law. A copy of the employee’s military orders must be presented to the immediate supervisor. Employee’s may use accrued annual leave if so elect. Full-time employees who are members of the National Guard or any of the reserve branches of the US Armed Forces are granted paid leave at the rate of fifteen (15) working days per calendar year, plus necessary travel time for annual training purposes. 12.10 State Agency Transfers of Leave When an employee transfers between state agencies and/or institutions of higher education, the employee’s accrued leave must be accepted by the receiving agency. Upon transfer, the employee should begin accrual at the receiving agency’s accrual rate. Employees transferring between state agencies retain their annual leave, including holiday and birthday, and sick leave benefits upon transferring to their new state agency, as outlined in Department of Finance and Administration’s State Personnel Policy. The agency the employee is transferring from is responsible for paying the balance of any unpaid overtime or unused compensatory time in a lump sum payment. Approved by Staff Senate: January 14, 2019 has exhausted the number of days for which they were paid annual leave. If the employee has be separated from state government for 30 days or less, they have the option of purchasing their unexpired leave balance from the hiring state entity. Upon return to state employment the hiring agency should request Proof of Prior Service for each agency or institution of higher education where the employee has previously worked. The employee’s rate of annual leave accrual is determined by considering all past state employment. 12.11 Leave to Vote UA-PTC encourages employees to exercise their voting rights in all national, state, and local elections. UA-PTC shall schedule the work hours of employees so that they will have an opportunity to exercise his/her right to vote. Any full-time employee may request and receive one hour off (without pay) to vote. 13 Performance Management 13.1 Probationary Period New Employees As a new employee, the first ninety (90) working days of employment in the newly hired position is considered the probationary period. The employee’s supervisor will provide feedback and guidance during this period. During the probationary period, factors such as the quantity and quality of work performed, ability to develop satisfactory working relationships with others, initiative, self-reliance, dependability and attendance and punctuality will be considered. Near the conclusion of the probationary period, the employee’s supervisor will assess performance and provide a formal evaluation to the employee and Human Resources. If performance and/or attendance should prove unsatisfactory during this period, the College may terminate employment. Under special circumstances, an employee’s probationary period may be extended for a limited and specified length of time upon recommendation of supervision and with the concurrence of Human Resources. Probationary Period When Transitioning to New Position Approved by Staff Senate: January 14, 2019 Current employees who transition to a new position on campus are subject to an additional thirty (30) working day probationary period. The employee’s new supervisor will assess performance during this period and provide a formal evaluation to Human Resources. 13.2 Annual Evaluation Process All regular staff members, including executive staff, are entitled to performance feedback on a regular basis. According to UA-PTC Policy 405.1.2 staff employees participate in an annual evaluation process at designed to promote a process of continuous quality improvement. An annual review of the work of each full-time staff member will be made on the basis of assigned duties and in accordance to criteria and procedures adopted by UA-PTC. Employees are evaluated using information gleaned from direct observation, peer-evaluation, student evaluation, assessment data and service to the college and its students. Employees are encouraged, during the review cycle, to submit to their supervisor any materials they feel are relevant to the annual evaluation process. At the conclusion of the evaluation cycle, the supervisor will complete the evaluation form and schedule an appointment with the employee to discuss the evaluation and set performance goals for the upcoming year. The employee may utilize the UA-PTC grievance procedures if they feel the evaluation result does not adequately represent their performance during the evaluation period; Copies of personnel records are maintained by Human Recourses while the staff member is an active employee and for three years after separation. Formal employee evaluation is required of all employees on an annual basis regardless of years of service. The supervisor responsible for evaluation must present and discuss his/her evaluation in person with the staff member being evaluated. The development of goals for the coming year is a part of this process. The evaluation process is to allow each supervisor and staff member to clearly plan goals and strategies for achieving those goals. The supervisor has a responsibility to assist the staff member in obtaining the skills necessary for successful work performance. This assistance may take the form of directing the staff member to take formal staff development programs and/or a schedule of regular counseling meetings between the staff member and supervisor, or other plans to improve performance. Approved by Staff Senate: January 14, 2019 The supervisor and staff members will discuss what the employee has done well, what areas need improvement, if any, and what support is available. It is the responsibility of the supervisor to provide ongoing coaching and advice to promote the employee’s personal growth and a sense of progress. 14 Employee Grievance Procedures 14.1 Overview of Employee Complaint and Grievance Procedure It is the intent of UA- Pulaski Technical College to establish a procedure for the fair, orderly, and speedy resolution of disputes that sometimes arise out of the employee relationship. In order to provide fairness and equity in the workplace, the College has established an internal review procedure that is accessible to all full-time employees. This shall serve as the College’s procedure for the resolution of job-related complaints and grievances. This grievance procedure does not take the place of grievance procedures for employees who believe they have been subject to discrimination in matters of employment, including sexual harassment. Matters involving discrimination or sexual harassment should be taken to the Director of Human Resources. Applies to: All UA- Pulaski Technical College employees except student-employees, probationary employees, part-time employees, and temporary employees. Throughout this document, the terms Grievance Officer, Grievance Committee or Committees, Senate, and Senate President can refer to faculty or staff depending on the classification of the Grievant. The procedures for faculty and staff align, but reflect the separate representative bodies that pertain to faculty and staff. Definitions: “Grievance:” Unless excluded below, a grievance is defined to include the following: 1.An alleged misinterpretation, misapplication, or violation of a specific provision of university policy that materially affects the Grievant’s terms and conditions of employment; and/or 2.Bullying: includes, but not limited to, repeated and ongoing acts of intimidation, humiliation, or ridicule either written, verbal, electronic, or physical, against the Grievant that materially interferes with the work environment; and/or 3.Terminations which are deemed to be “ terminations-for-cause. ”Next >