II230 - USM

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32.0 II-2.30- POLICY ON ACCIDENT LEAVE AND CREDITABLE AND NON-CREDITABLE SICK LEAVE FOR FACULTY MEMBERS

(Approved by the Board of Regents, November 30, 1989)

I. Objectives

A. To provide an informal system of colleague-substitution for
short-term incapacity of instructional faculty. This
practice protects the interests of students by insuring the
supply of qualified substitutes who are familiar with the
disabled teacher's educational objectives, methods, and
standards.

B. To provide a regularized and equitable basis for
determining the eligibility of faculty members to receive
salary payments during extended periods of incapacity for
reasons of illness, injury, or childbirth.

C. To provide a regularized and equitable procedure for
disability coverage by way of disability retirement,
regular retirement, or disability insurance, once the
limits of the extended leave period have been reached and
the health prognosis is unfavorable.

II. Non-creditable Sick Leave: Collegially Supported

A. It is the responsibility of the institution to have an
agreed-upon procedure for continuing instruction when
faculty members are absent for any reason, including
illness, injury, or childbirth.

B. Once instruction is underway, it is important to have it
continued with minimal interruption to protect the
interests of students. Thus, when a faculty member is
incapacitated for brief periods by illness, injury, or
childbirth, the "collegial" method of accommodating faculty
disability is preferred. This is the practice whereby
colleagues of the disabled faculty member-- on a voluntary
basis-- take over his or her classes and other essential
functions, in addition to carrying on their regular work.

C. This provision may be employed when practicable up to a
maximum of twenty-five (25) work days for each faculty
member in one fiscal year. After that time, creditable
sick leave shall be charged.

D. Collegially supported sick leave is not credited toward
retirement and cannot be carried over to a subsequent
fiscal year.

E. An eligible faculty member, appointed for at least a
semester but less than an academic year, may receive no
more than half of the collegial protection awarded persons
who are appointed for an academic year. Faculty appointed
for periods of less than one semester may not receive
collegial benefits.

F. The maximum collegially supported leave available to a
faculty member during the summer is one-seventh of the
contract period. This will be included as part of the
faculty member's yearly limit.

G. Collegially supported leaves for an individual faculty
member in two fiscal years must be separated by active
service of at least twenty-five (25) work days.

III. Creditable Sick Leave

A. Accrual

1. Sick leave for faculty is accrued at the rate of 1.25
work days per month at full salary. Accrual of sick
leave for summer employment by academic-year faculty is
determined by the institution. In no case may an
individual accrue more than fifteen (15) days of sick
leave during any fiscal year.

2. Part-time faculty members who are employed at least 50
percent time are eligible for sick leave benefits
proportionate to the percentage of their employment.

3. Individuals eligible to earn sick leave credits will
accrue such credit for each calendar month in which
they are on paid status for fifteen (15) or more days
within that month. No sick leave credit will be
accrued for any month during which the individual is on
paid status for less than fifteen days.

4. Sick leave is accrued while the individual is on
sabbatical leave, but not while on leave without pay.

5. A faculty member may be required to present appropriate
diagnostic or medical evidence to support his or her
sick leave.

6. When all accrued sick leave has been expended, the
individual will be removed from salaried status, except
in unusual circumstances as approved by the President.
The institution will assist the faculty member in
evaluating the options of disability retirement,
regular retirement, or disability insurance if the
health prognosis is unfavorable.

7. If there is a break in an individual's employment with
the State of Maryland of less than three years, a sick
leave balance will be restored. A leave of absence
without pay is considered a break in employment. Sick
leave balances may be brought to the University System
from another State agency.

B. Sick Leave Creditable as a Retirement Benefit

1. A maximum of 130 sick leave days could be creditable as
a retirement benefit as of January 1, 1975. Since that
date, there has been no limit on accumulation of sick
leave. For individuals employed in former Board of
Regents institutions, there may be additional sick
leave in reserve which cannot be credited toward
retirement.

2. A faculty member who is receiving Maryland State
Retirement System benefits does not accrue sick leave
creditable as a retirement benefit. Faculty members
who are members of the optional retirement plan
provided through TIAA do not accrue sick leave
creditable as a retirement benefit subsequent to the
date of enrollment in the TIAA plan. Faculty members
who receive approval for exemption from positive time
reporting, as described in section IV.A below, do not
accrue sick leave creditable as a retirement benefit.

3. For faculty members enrolled in the Maryland State
retirement and pension systems, at the time of
retirement unused creditable sick leave is applie
toward the individual's retirement service credit.
There will be no cash payment for accumulated sick
leave at the termination of employment, nor may unused
sick leave be used for early retirement. In the case
of an individual who resigns after at least five years
of employment, and who leaves contributions with the
Maryland State retirement system, any unused creditable
sick leave will be "vested"-- that is, it will be
credited toward retirement benefits when the employee
begins to draw benefits.

IV. Reporting

A. Each faculty member, regardless of the source of funding or
retirement system in which he or she is enrolled, who is
employed at least 50 percent time, must complete monthly
positive time reports and sign the fiscal year summary
record unless an exemption has been requested by the
individual and approved by the President. When an
exemption is approved, the faculty member thereby waives
all claims from that date forward to credit any unused sick
leave toward retirement benefits. With the approval of the
President, the faculty member may revoke his or her
exemption, and unused sick leave earned from the time of
revocation forward will be credited toward retirement.

B. Each institution shall establish procedures for positive
time reporting by faculty. The institution shall retain
monthly time reports for each individual for five years,
and shall retain summary records of these reports until the
individual leaves employment.

V. Accident Leave

A. A faculty member who, in the actual performance of his or
her duties, sustains an accidental personal injury that is
otherwise compensable under the Maryland Worker's
Compensation Law, shall be granted accident leave with full
pay if, after medical examination, a physician certifies
that the injury or accident disables the employee.
Accident leave is available only to those who are eligible
for sick leave.

B. Accident leave shall be granted from the date of the
job-related injury until a physician certifies that the
individual is healed and is physically able to return to
work. The period of accident leave must be supported by a
valid physician's certificate. In no event may accident
leave be extended beyond one year from the date the
accidental personal injury occurred.

C. Accident leave is not sick leave. An employee on accident
leave status will continue to earn sick leave and annual
leave credits. Holiday leave will be reported for
scheduled holidays occurring during the period of accident
leave.

D. After the injured employee has used all available accident
leave and does not elect to receive temporary total
benefits, he or she may use other leave with pay, including
sick leave, annual leave, compensatory leave, and holiday
leave. If, after using all leave with pay, the individual
does not elect to receive temporary total benefits, he or
she may request the President to extend sick leave. After
the use of all possible leave with pay, the individual
shall be placed on leave of absence without pay.

E. The injured employee shall not receive temporary total
benefits under Worker's Compensation while receiving
accident leave with full pay and shall not be paid any
other leave benefits while on accident leave.

F. Each institution shall establish procedures in accord with
the System personnel policies and the Worker's Compensation
law with regard to the: employee's notice of injury;
physician's certification; responsible administrator's
report; employee's claim; required medical examinations;
granting of leave; and notification of the State Accident
Fund.

Replacement for: BOR III-11.00, 11.02 and BOT VII-G.4

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