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Classified Leaves without Pay

ARTICLE 46 - LEAVES OF ABSENCE WITHOUT PAY

Section 1.

Approved leaves of absence of up to one (1) year shall not be considered a break in service. During this time, employees shall continue to accrue seniority and to receive all protections under this Agreement. Where appropriate, partial benefits will be provided as specifically indicated in this Agreement.

Section 2.

An OUS employee voluntarily or involuntarily seeking military leave without pay to attend service school shall be entitled to such leave during a period of active duty training. Military leaves of absence without pay shall be granted in compliance with the Veterans' Reemployment Rights Law, Title 38, USC Chapter 43.

Section 3.

An employee who is a Union officer may be granted a leave of absence without pay of not less than six (6) months and no more than one (1) year to work for the Union, subject to the operational requirements of the university/college. Such requests shall be made by the Union. Both minimums as well as extensions of leaves shall be subject to mutual agreement. There shall be no more than two (2) officers on leave at any one time and no more than one (1) from any single university/college at any one time.

Upon return to service, the employee shall be returned to the same class and the same work location as held when the leave was approved. Where return to the employee's former position can be reasonably accommodated, such return shall be made.

Section 4.

(A) An employee with three (3) years of service with the university/college may request, upon sixty (60) days advance written notice, and subject to the operating requirements of the university/college, shall be granted leave without pay for a period not to exceed four (4) months. The university/college shall respond to the employee's request within fifteen (15) workdays of its receipt. In the event of the university/college’s inability to grant such a request, the employee may choose to offer two (2) non-overlapping alternative four (4) month leave periods one (1) of which shall be granted unless reasonable efforts fail to result in finding a qualified replacement. An employee may not use this leave privilege more than once every three (3) years. Subject to the operating needs of the university/college, an additional leave of up to eight (8) months may be granted.

(B) Time spent on leave without pay in excess of one (1) year shall not be considered as service in determining the employee's eligibility date for a salary increase unless such time has been spent on leave resulting from job-incurred disability or military leave as per Paragraph (C) of this Section.

(C) Leaves of absence without pay shall be granted all regular employees who enter the military service of the United States. Such employees shall be returned to service in compliance with the Veterans' Reemployment Rights Law, Title 38, USC Chapter 43.

(D) Peace Corps Leave. Leaves of absence without pay for at least two (2) years shall be granted automatically to all regular employees who serve in the Peace Corps as volunteers. Upon expiration of the leave, the employee shall have the right to be reinstated to the position held before the leave was granted and at the salary rates prevailing for such positions on the date of resumption of work without loss of seniority or other employment rights. Failure of the employee to report within ninety (90) days after termination of his/her service shall be deemed to be a resignation.

(E) Any authorized leave of absence without pay does not constitute separation from service. Any employee who is absent without authorized leave for five (5) consecutive workdays will be deemed to have resigned and will be considered as a voluntary separation from service. When an employee has been absent without authorized leave for five (5) consecutive workdays, the university/college will send a letter (certified/return receipt requested) to the employee's address of record, notifying the employee that he/she is deemed to have resigned. The employee will be allowed five (5) workdays from the date of postmark to present extenuating circumstances. Such absence may be covered, however, by the university/college Appointing Authority by a subsequent grant of leave with or without pay, when extenuating circumstances are found to have existed.

(F) An employee may request and shall be granted leave without pay for the time required to make an appearance as a plaintiff or defendant in a civil or criminal court proceeding that is not connected with the employee's officially assigned duties. The request must be made at least thirty (30) days in advance of the appearance, except in the case of traffic citations, notice will be given the first workday after receipt of the citation.