Employee handbook section six: leave benefits

Paid Holidays

Regular full-time and regular part-time employees are eligible for paid holiday leave.

Each summer, the complete College Holiday Schedule will be announced for the upcoming fiscal year (June 1 - May 31). The College typically observes 11-12 holidays per fiscal year.

Individuals must be employed by the College on the days immediately before and immediately following the holiday to qualify for holiday pay. Information regarding the specific holidays may be obtained by visiting the Human Resources website.

Occasionally, support staff employees are required, by their supervisors, to work when the College is officially closed for holiday observations. Visit our website to learn more about our holiday pay policy for support staff employees.

 

Vacation Calculations for Full-Time and Part-Time Support Staff

Eligibility: All regular full-time and regular part-time staff who typically are scheduled to work over 1000 hours per fiscal year are eligible for paid vacation leave. Vacation leave is accrued from the first day of employment and is earned in proportion to time worked, therefore, staff on leave of absence (i.e. related to birth or adoption of child(ren), short-term disability or Family Medical Leave) will not accrue leave time. Vacation time may be used in 1/4-hour increments. Vacations are to be taken at times mutually agreeable to the employee, the College and their supervisor.

 

The accrual of vacation leave for support staff is affected by a variety of factors.

  • The number of service hours to the College.
  • Hours to be included in accrual calculations are regular, sick, vacation, and holidays. Extra time and overtime hours are not used in accrual calculations.
  • The number of hours employees work per year is cumulative in nature. This influences when accrual rates increase.

 

The following is for employees scheduled to work 40 hours per week:

 

Service Hours:

 

Hours Earned:

0-520 hours (13 weeks, if work full 40 hrs/wk)

20 hours total (Hours will not appear on pay stub until the employee has successfully completed their orientation period)

521- 10399 hours (0 - 4 years, if work full 40 hrs/wk)

.038462 hours earned/hr worked (x 2080 hrs = 80 hrs/yr)

10400- 20799 hours (5 - 9 years, if work full 40 hrs/wk)

.057692 hours earned/hr worked (x 2080 hrs = 120 hrs/yr)

20800- 31199 hours (10-14 years, if work full 40 hrs/wk)

.076923 hours earned/hr worked (x 2080 hrs = 160 hrs/yr)

Over 31200 hours (15 years, if work full 40 hrs/wk)

.084615 hours earned/hr worked (x 2080 hrs = 176 hrs/yr)

 

The following is for employees scheduled to work 37.5 hours per week:

 

Service Hours:

 

Hours Earned:

0-488 hours (13 weeks, if work full 37.5 hrs/wk)

18.7 hours total (Hours will not appear on pay stub until the employee has successfully completed their orientation period)

489- 9749 hours (0 - 4 years, if work full 37.5 hrs/wk)

.038462 hours earned/hr worked (x 1950 hrs = 75 hrs/yr)

9750 - 19499 hours (5 - 9 years, if work full 37.5 hrs/wk)

.057692 hours earned/hr worked (x 1950 hrs = 112 hrs/yr)

19500- 29249 hours (10-14 years, if work full 37.5 hrs/wk)

.076923 hours earned/hr worked (x 1950 hrs = 150 hrs/yr)

Over 29250 hours (15 years, if work full 37.5 hrs/wk)

.084615 hours earned/hr worked (x 1950 hrs = 165 hrs/yr)

 

The following is for employees scheduled to work 26-30 hours per week:

 

Service Hours:

 

Hours Earned:

0-390 hours (13 weeks, if work full 30 hrs/wk

15 hours total (Hours will not appear on pay stub until the employee has successfully completed their orientation period)

391- 7,799 hours (0 - 4 years, if work full 30 hrs/wk)

.038462 hours earned/hr worked (x 1560 hrs = 60 hrs/yr)

7,800- 15,599 hours (5 - 9 years, if work full 30 hrs/wk)

.057692 hours earned/hr worked (x 1560 hrs = 90 hrs/yr)

15,600- 23,399 hours (10-14 years, if work full 30 hrs/wk)

.076923 hours earned/hr worked (x 1560 hrs = 120 hrs/yr)

Over 23,400 hours (15 years, if work full 30 hrs/wk)

.084615 hours earned/hr worked (x 1560 hrs = 132 hrs/yr)

 

The following is for employees scheduled to work 21-25 hours per week:

 

Service Hours:

 

Hours Earned:

0-325 hours (13 weeks, if work full 25 hrs/wk)

12.5 hours total (Hours will not appear on pay stub until the employee has successfully completed their orientation period)

326- 6,499 hours (0 - 4 years, if work full 25 hrs/wk)

.038462 hours earned/hr worked (x 1300 hrs = 50 hrs/yr)

6,500- 12,999 hours (5 - 9 years, if work full 25 hrs/wk)

.057692 hours earned/hr worked (x 1300 hrs = 75 hrs/yr)

13,000- 19,499 hours (10-14 years, if work full 25 hrs/wk)

.076923 hours earned/hr worked (x 1300 hrs = 100 hrs/yr)

Over 19,500 hours (15 years, if work full 25 hrs/wk)

.084615 hours earned/hr worked (x 1300 hrs = 110 hrs/yr)

 

The following is for employees scheduled to work 20 hours per week:

 

Service Hours:

 

Hours Earned:

0-260 hours (13 weeks, if work full 20 hrs/wk)

10 hours total (Hours will not appear on pay stub until the
 employee has successfully completed their orientation period)

261- 5199 hours (0 - 4 years, if work full 20 hrs/wk)

.038462 hours earned/hr worked (x 1040 hrs = 40 hrs/yr)

5200- 10,399 hours (5 - 9 years, if work full 20 hrs/wk)

.057692 hours earned/hr worked (x 1040 hrs = 60 hrs/yr)

10,400- 15,599 hours (10-14 years, if work full 20 hrs/wk)

.076923 hours earned/hr worked (x 1040 hrs = 80 hrs/yr)

Over 15,600 hours (15 years, if work full 20 hrs/wk)

.084615 hours earned/hr worked (x 1040 hrs = 88 hrs/yr)

 

During the first thirteen (13) weeks of employment or during any extension of the probationary period, support staff are not eligible to use any vacation or sick leave they may have accrued. Upon the successful completion of the initial probation periods, accrued vacation leave may be utilized.

 

Support staff employees may maintain as much time as they wish in their vacation leave banks during the year. However, support staff employees may not have more than the accrual of vacation leave earned during that calendar year. For example, a support staff employee who accrues 15 days of vacation during the year may carry over 15 days in the next calendar year. A support staff employee who earns 20 days of vacation may carry over 20 days of vacation into the new year. Please see the charts below to determine how much vacation leave you will be able to carry over to the next year (based up how much hours you work each week).

 

The following is for employees scheduled to work 40 hours per week:

Service Hours:

Hours/Days of Vacation allowed for carryover:

0-520 hours

20 hours of vacation

521-10399 hours

10 days or 80 hours

10400-20799 hours

15 days or 120 hours

20800-31199 hours

20 days or 160 hours

Over 31200 hours

22 days or 176 hours

 

The following is for employees scheduled to work 37.5 hours per week:

Service Hours:

Hours/Days of Vacation allowed for carryover:

0-488 hours

18.7 hours of vacation

489-9749 hours

10 days or 75 hours

9750-19499 hours

15 days or 112 hours

19500-29249 hours

20 days or 150 hours

Over 29250 hours

22 days or 165 hours

 

The following is for employees scheduled to work 26-30 hours per week:

Service Hours:

Hours/Days of Vacation allowed for carryover:

0-390 hours

15 hours of vacation

391-7799 hours

10 days or 60 hours

7800-15599 hours

15 days or 90 hours

15600-23399 hours

20 days or 120 hours

Over 23400 hours

22 days or 132 hours

 

The following is for employees scheduled to work 21-25 hours per week:

Service Hours:

Hours/Days of Vacation allowed for carryover:

0-325 hours

12.5 hours of vacation

326-6499 hours

10 days or 50 hours

6500-12999 hours

15 days or 75 hours

13000-19499 hours

20 days or 100 hours

Over 19500 hours

22 days or 110 hours

 

The following is for employees scheduled to work 20 hours per week:

Service Hours:

Hours/Days of Vacation allowed for carryover:

0-260 hours

10 hours of vacation

261-5199 hours

10 days or 40 hours

5200-10399 hours

15 days or 60 hours

10400-15599 hours

20 days or 80 hours

Over 15600 hours

22 days or 88 hours

Any hours over these amounts will be removed from their vacation leave bank as the new year turns over, and employees will not be paid for any vacation hours removed from the vacation leave bank. Upon termination or retirement, all vacation time in the vacation leave bank will be paid to the employee. Appropriate notice must be given upon resignation in order for unused vacation leave to be paid (see “Resignation of Employment” Section in the handbook).

 

Vacation for Administrators

Regular full-time administrators working 12 months are eligible to receive 22 vacation days per fiscal year (June 1 - May 31). This equates to 1.83 days per month.

 

Regular full-time administrators working 11 months are eligible to receive 15 vacation days per fiscal year (June 1 - May 31). This equates to 1.36 days per month to be used during the 11-month period.

 

Additionally, regular full-time administrators working 10 months are eligible to receive 10 vacation days per fiscal year (June 1 - May 31). This equates to 1.00 day per month to be used during the 10-month period.

 

For part-time administrators, contact the Human Resources Office to determine the appropriate vacation calculation.

 

Vacation leave accrues during the fiscal year in which it is taken. Unused vacation leave cannot be carried over into the new fiscal year nor will it be compensated. Vacation leave is to be taken at times mutually agreed upon by administrators and their supervisors. Vacation leave is to be taken in increments of no less than half days. In the event the employee’s employment with the College terminates during the fiscal year, they will be paid for any accrued, unused vacation leave.

If the employee’s employment with the College terminates during the fiscal year and the employee has used more vacation leave during the year than the employee accrued, the amount of used but not accrued paid vacation will be deducted from the employee’s final paycheck.  This is calculated by determining the number of months from June 1 to the last day of work, multiplied by the factor listed above, minus the number of days used during this same time period. Appropriate notice must be given upon resignation in order for unused vacation leave to be paid (see “Resignation of Employment” Section in the handbook).

 

For example: A 12-month employee terminates employment on November 30. June 1 to November 30 equals 6 months multiplied by 1.83 days or 11 days of vacation. If employee used 10 days of vacation through November 30, the employee would receive a balance of 1 day of vacation payout. However, if the employee used 12 days of vacation, the employee would owe the College back for 1 day, and this amount would be deducted from the employee’s final paycheck.

Sick Leave for Support Staff

Support staff employees earn sick leave in the amount of .0385 hours for every hour worked. Hours to be included in accrual calculations are regular, sick, vacation, holidays, and floating holidays. Extra time and overtime hours are not used in the accrual calculations. Employees on leaves of absence (i.e. related to birth or adoption of child(ren), short-term disability or family medical leave) will not accrue leave time. Unused sick leave may be accumulated for up to a maximum of 26 weeks, at which point no additional sick leave will accrue until the employee’s sick leave balance again drops below 26 weeks.

 

Once per year, support staff employees who have at least 10 weeks of sick leave balance as of March 31 (see chart below), can voluntarily request to be paid out the equivalent of one week of sick leave to be paid out in May of each year.

Please see the chart below to determine the minimum number of sick time hours you must have in your account at the end of March before you can request to be paid out the equivalent of one week of sick leave.

Number of Hours Worked in a Normal Work Week

Minimum number of sick time (employees may  be paid out sick time in excess of the amount listed below – max of 1 week).

40 Hours/Week (year-round or academic year only)

400

37.5 hours per week (year-round or academic year only)

375

31-35 hours per week (year-round or academic year only)

350

26-30 hours per week (year-round or academic year only)

300

21-25 hours per week (year-round or academic year only)

250

20 hours per week (year-round or academic year only)

200

Support staff are able to view their current sick leave accrual by visiting PeopleSoft Self Service to access their current pay statement.

Employees must complete the formal Request Form by May 1 of each year. Employees will be paid out their sick time via payroll before the end of May of each year.

 

If an employee is out of work due to illness for 3 or more consecutive days, the employee must submit a physician’s note to the Human Resources Office verifying the leave. Subsequently when the employee can return to work, the Human Resources Office requires a release to return.

 

Any accrued but unused sick leave will not be paid upon separation from employment, except when the support staff member retires from the College.

 

Effective August 1, 2019, a support staff member who transitions to an administrative position will forfeit any accrued sick leave because they will be eligible for twenty-six (26) weeks of sick leave paid at 100%.

 

Short-Term Disability Leave for Support Staff

There will be occasions when support staff members find it necessary to be absent from work for an extended period for their own health reasons. In such times, regular full-time employees, who have completed at least one year of service with the College, may be eligible to participate in the short-term disability leave program.

 

There is a 10-working day waiting period before the paid short-term disability leave begins. Support staff employees are required to use accrued sick and vacation leave during this 10-day waiting period to maintain compensation and benefits. Paid short-term disability leave will begin on the 11th working day of the leave, and may continue for up to 24 weeks in a three-year period measured backward from the date an employee uses such leave (i.e. leave is limited to the balance of 24 weeks not used in the past three years). Eligible employees need not take short term disability leave all at one time. Rather, the STD leave may be exhausted for multiple occurrences so long as the total amount of leave does not exceed 24 weeks in a three-year period (the ten-day waiting period described above is waived for subsequent occurrences of the same condition).

This paid leave is at 100% of the standard weekly hours budgeted for the employee. Employees will only be paid for a maximum of 48 weeks of short-term disability leave (two 24-week leaves) during their employment at Gettysburg College. Short-term disability leave will not be counted towards the 16 weeks of family and medical leave described in this section.

 

An affected support staff employee must provide the supervisor with a physician’s note certifying that the employee is unable to work and the projected date of return to work. The College reserves the right to follow up with the employee’s physician or a physician of the College’s choice as necessary, and to require the employee’s cooperation in such process, to determine eligibility. Paid leaves continue (for up to 24 weeks) until the physician releases the employee to return to work. An employee's supervisor must receive this release for work before the employee is allowed to return to work.

 

Employees on a paid leave under this policy are strictly prohibited from engaging in any other employment during the period of any leave. Should the College learn that any employee engaged in any other employment during a period of paid leave under this policy, the employee will be subject to disciplinary action, up to and including termination of employment.

 

In some cases, a physician will allow an employee to return to work with restrictions. If an employee is released to work on a part-time basis, or misses work on an intermittent basis, short term disability may not be used to supplement income. An employee may use accrued leave time (vacation or sick leave) to supplement part-time hours or to cover intermittent absences. The supervisor is required to forward the physician's certification to the Human Resources Office for placement in the employee’s medical file. Contact the Human Resources Office Staff for further details.

 

Short-Term Disability/Sick Leave for Administrators

Regular full-time administrators who are unable to perform their duties because of illness may receive up to six months (26 weeks) of sick leave with pay after one year of service. When this leave is short-term disability, the leave will be limited to 26 weeks in a three-year period. Administrators will only be paid for a maximum of 52 weeks of short-term disability leave (two 26-week leaves) during their employment at Gettysburg College. Paid sick leave will not be counted towards the 16 weeks of family and medical leave described in this section. During a leave of absence for medical reasons, the employee will be under the same terms and conditions as would be applicable for a family and medical leave (reinstatement to their pre-leave position or to an equivalent position with equivalent pay, benefits, and terms and conditions of employment). The College reserves the right to require evidence from a physician concerning the extent and nature of the illness of any employee to the extent necessary to determine eligibility under the policy and consistent with state and federal law.

In addition, employees on a paid leave under this policy are strictly prohibited from engaging in any other employment during the period of leave. Should the College learn that any employee engaged in any other employment during a period of paid leave under this policy, the employee will be subject to disciplinary action, up to and including termination of employment.

 

If an administrator is out of work due to illness for two or more weeks and will need to use short term disability, the administrator or the supervisor should inform the Human Resources Office. Subsequently when the administrator is able to return to work, they must provide the Human Resources Office a note from their physician indicating they are released to return to work.

 

Leave of Absence Related to the Birth or Adoption of a Child(ren)

Regular full-time employees eligible for benefits, who have been actively working for the College for at least twelve consecutive months, are eligible for up to fifteen (15) weeks of paid parental leave in a two-year period for the birth or adoption of a child. Generally, the leave should be taken consecutively and must be used within the first year of the child’s life or first year of adoption into the family. This time will not be counted towards the employee's allotted 16 weeks of family and medical leave.

 

The employee should make a request in writing to their supervisor as soon as possible after the learning of the expected birth or adoption to plan for the appropriate time for the leave.

 

The employee or supervisor should notify the Human Resources Office of the expected date of the leave. Upon the birth or adoption, the employee or the supervisor should notify the Human Resources Office of the beginning date of the leave. Additionally, the employee or supervisor should notify the Human Resources Office when the employee returns from the leave of absence.

 

If the parents of the child(ren) are both Gettysburg College faculty members or other employees, the total amount of paid leave granted will be fifteen (15 weeks) between the two employees.

 

Adding child(ren) to the Employee’s Health Insurance

If the employee is adding the newly born child(ren) to the health insurance, the Human Resources Office must be notified within 14 days of the birth to assure enrollment in the health insurance. To add the adopted child to the health insurance, adoption papers validated through the court system must be submitted.

 

Assistance with Adoption Expenses

Regular full-time employees eligible for benefits, who have been actively working for the College for at least twelve consecutive months, are eligible to receive from the College up to $3,000 per adoption to help with expenses. In Pennsylvania, this is a taxable benefit. Receipts must be provided to validate expenses. An adoption certificate must be provided to the Human Resources Office prior to reimbursement of expenses.

 

If the parents of the child(ren) are both Gettysburg College employees, the total amount of paid leave granted will be fifteen (15 weeks) between the two employees.

 

Bereavement Leave

Upon the death of a family member or spouse’s family member, paid bereavement leave may be granted for up to five days for regular full-time and regular part-time employees. A family member may be a spouse, partner, child, parent, spouse’s/partner’s parent, brother, sister, or grandparent. Up to one day off with pay may be granted for attendance at funerals of other near relatives.

 

Jury Duty Leave

Regular full-time and part-time employees will receive time off with full pay when they are required to perform jury duty. Employees who receive an early release from jury duty are expected to return to work or to charge their absence to vacation leave.

 

Family and Medical Leave of Absence

Employees who have been employed by the College for at least 12 months, and who have completed at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave may be eligible for an unpaid family or medical leave pursuant to this policy. The maximum amount of FMLA leave required is dependent upon the reason for the leave.

 

Eligible employees may be entitled to a total of up to 16 work weeks of unpaid leave during a 12-month period in the any of following situations:

  • Family Leave - A child is born, adopted or taken into the employee’s immediate family for foster care and leave is requested;
  • Personal Medical Leave - The employee becomes unable to perform their job functions due to a serious health condition as defined below;
  • Medical Leave for Family Care - The employee is needed to care for a spouse, child or parent of the employee who has a serious health condition as defined below.

For purposes of this policy, “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of their job, or prevents a qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy or incapacity due to a chronic condition.

 

Qualifying Exigency Leave. An eligible employee also may be entitled to use their 16-week FMLA leave entitlement for certain military-related “qualifying exigencies.” Qualifying Exigency Leave may be available to an eligible employee with a spouse, son, daughter or parent who is (1) a member of the regular component of the Armed Forces and deployed to a foreign country, or (2) a member of the National Guard or Reserves on active duty or called to active duty status and deployed to a foreign country. Qualifying exigencies may include attending certain military events, arranging for alternative child care, parental care, the military member's Rest and Recuperation leave (subject to a 15-day maximum), addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings.

 

Military Caregiver FMLA Leave. Eligible employees may be entitled to up to 26 weeks of unpaid leave during a 12-month period to care for a seriously ill or injured service member or covered veteran who is the employee's child, spouse, parent, or next-of-kin. FMLA leave taken for any reason will reduce the amount of FMLA leave available for this reason.

 

A covered service member or covered veteran is:

 

  1. a current member of the Armed Forces (including a member of the National Guard or Reserves) who has a serious injury or illness incurred in the line of duty on active duty (or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty) that may render the service member medically unfit to perform their duties for which the service member is undergoing medical treatment, recuperation or therapy; or is in outpatient status; or is on the temporary disability retired list; or

 

  1. a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) who suffered a serious injury or illness while in the line of duty on active duty (or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty) and that manifested itself before or after the member became a veteran for which the veteran is undergoing medical treatment, recuperation or therapy, if the veteran was a member of the Armed Forces at any point during the five years prior to the start of the FMLA leave at issue and was discharged for reasons other than dishonorable.

 

In cases where the College employs both spouses, family leave may be limited to a combined total of 26 weeks between them for covered service member family leave and all other FMLA-qualifying reasons in a single 12-month period.

 

FMLA Procedures

Generally, eligible employees are limited to a total of 16 work weeks of leave during a 12-month period, unless leave is needed to care for a seriously ill or injured service member, when up to a combined total of 26 weeks of FMLA leave may be available. The College will calculate this 12-month period by measuring backward from the date an employee uses FMLA leave (i.e. leave is limited to the balance of available leave not used during the past 12 months). All employees may substitute any accrued vacation, sick leave, personal days or other accrued paid leave as part of a family or medical leave of absence (example: an employee with one week of accrued vacation at the time leave is requested may use that week as part of the family or medical leave period). When using paid leave during FMLA leave, employees must comply with the College's paid leave policies. As during any unpaid leave of absence, the accrual of paid leave benefits ceases during FMLA leave.

 

Requests for a family or medical leave must be submitted to your supervisor. An employee who can anticipate the need for a family or medical leave of absence must provide the College with at least thirty days’ notice if practicable or as early as possible thereafter. Failure to request FMLA leave in the required time period may result in a delay in the start of your requested leave or the denial of leave. Employees requesting leave for treatment of a serious health condition must make reasonable efforts to schedule the treatment so as not to disrupt the College's operations.

 

FMLA leave can be taken all at once or, when medically necessary or for a qualifying exigency, on an intermittent or reduced leave schedule. Intermittent leave is leave taken in separate blocks of time for a single FMLA-qualifying reason.

 

Please note that employees requesting or using FMLA leave are subject to the same College policies concerning lateness or absences, including notification of such to their departments. An employee on leave is prohibited from engaging in other employment during the period of the leave of absence, unless the employee has received written authorization from the College to engage in such employment. Any employee who commits fraud or makes a misrepresentation in connection with any requested or actual FMLA leave will be subject to disciplinary action, up to and including discharge.

 

Health insurance will be maintained for any eligible employee on a family or medical leave under this policy on the same terms as would apply if the employee were on active duty (i.e., employees are responsible for paying their portion of health care premiums during leave). Any employee who fails to return to work upon completion of a family or medical leave shall be required to reimburse the College for all benefit premiums paid by it on the employee’s behalf during such leave provided the employee’s failure to return is not due to circumstances beyond the employee’s control.

 

Except under certain specific circumstances, employees who are on leave pursuant to this policy shall be restored to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. Highly salaried "key" employees may have limited reinstatement rights. Any “key” employees shall be notified of their specific rights and obligations prior to beginning an FMLA leave.

 

An employee requesting a medical leave for personal or family care under this policy must submit a certification by their health care provider regarding the need for such leave. Certification forms may be obtained from the Human Resources Office. The College reserves the right to require second and third opinions at its own expense relating to an employee’s medical certification. Any employee returning to work from a personal medical leave shall be required to submit a fitness for duty certification from their health care provider, stating that he or she is able to resume work. The College also reserves the right to require an employee on family or medical leave to report periodically on the employee’s status and intent to return to work.

 

The employee must submit complete and sufficient medical certification within fifteen (15) days of the request for the leave, or the leave may be denied. If the medical certification is submitted timely but is incomplete, the employee will be given a list of the deficiencies and the information needed to correct the deficiencies. The employee has seven (7) days to correct the deficiencies. Leave can be denied if the employee does not correct the deficiencies within the seven (7) days. Employees may be required to provide periodic recertification supporting the need for leave.

 

When leave is requested, eligible employees will receive a notice of their rights and responsibilities, and ineligible employees will be informed why they are not eligible for FMLA leave. After an employee submits the required forms, the College will notify the employee if the leave will be designated as FMLA-protected. If so, the notice will include the amount of leave counted against the employee's FMLA entitlement. The College also will notify an employee if the leave is not FMLA-protected.

 

An employee who requests FMLA leave because their spouse, parent or child is called up for or is on active duty in the Armed Forces will receive an Active Duty Certification form to complete and submit.

 

Failure to provide the required documentation in the time frame communicated to the employee when the employee requests FMLA leave may result in a delay to begin the requested leave or denial of the request for FMLA leave. When FMLA leave is denied, the protections afforded individuals under the FMLA may be lost, including but not limited to job protection and the continuation of benefits while on leave.

 

The FMLA prohibits employers from interfering with, restraining, or denying the exercise of any right provided under the FMLA and from discharging or discriminating against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer for violations of the FMLA. Additional information regarding the FMLA may be obtained from the U.S. Department of Labor by calling 1-866-4US-WAGE. The FMLA does not affect any Federal or State law prohibiting discrimination or supersede any State or local law or collective bargaining agreement that provides greater family or medical leave rights.

 

This policy shall be administered in a manner consistent with the terms of the Family and Medical Leave Act of 1993, as amended. The College reserves the right to impose any conditions or limitations upon any leave of absence as may be deemed consistent with the provisions of the Act. Any questions concerning this policy should be directed to the Human Resources Office.

 

Military Leave

 

How to Request Military Time Off
 A request for time off for military duty should be made to the staff member's immediate supervisor or department head at least two (2) weeks in advance of the duty unless precluded by military necessity. The request should include the dates of departure and return, and should be accompanied by a copy of the official orders.

 

Time Off with Pay for Military Reserve Duty

All regular full-time and regular part-time staff who are members of the National Guard or a reserve component of the United States Armed Forces will be granted time off with pay for annual military duty provided the duty is obligatory to maintain military status.

Where possible, the staff member should submit requests for orders during calendar periods outside of peak business seasons and not during the most popular vacation cycles.

 

The maximum paid time allowed for annual duty is ten (10) workdays per calendar year (January 1 through December 31).

 

Any period of time spent on military duty in excess of the maximum time allowed may be taken as vacation leave or a leave without pay.

 

If military pay is less than budgeted College pay, the College pays the difference. Military pay consists of base pay, plus allowance for longevity, subsistence, quarters and dependents, plus pay for sea, flight, foreign, and hazardous duty. Military pay does not include reimbursement for travel expense.

 

To receive pay from the College, staff member must:

  • furnish a certified statement of the military pay and allowances for the time off;
  • endorse the military paycheck to Gettysburg College and forward the endorsed check to the Payroll Manager.

 

If the staff member does not turn in the military pay, he or she will be considered on leave without pay for training.

 

Time Off Without Pay for Active Military Duty

An unpaid leave of absence will be granted due to service in any of the Armed Services, including Reserve units, the National Guard, or any other category of service designated by the President of the United States in time of war or emergency. For purposes of this policy, "service" includes active duty, active and inactive duty for training, full-time National Guard duty, and absence to take an examination to determine fitness for any of the foregoing type of duty. Unless precluded by military necessity, advance written notice for the leave should be provided to the supervisor within two weeks of the start of the leave.

 

Leave under this policy is unpaid, except as follows:

  • An exempt employee absent for a part of a workweek due to uniformed service will be paid their salary for that entire workweek; however, the College will credit the compensation received from the United States government for the workweek in question against the employee's salary for that workweek.
  • As required by law, upon their request, an employee may use their accrued paid leave time during military leave but will not be required to do so. As during any unpaid leave, the accrual of paid time off ceases.

 

BENEFITS

During the leave without pay, there is no accrual of paid sick or vacation days. Health and dental benefits will continue at no cost to the employee for the first thirty (30) days of military leave. After 30 days, the employee may continue the coverage at the employee's expense, at the same rates paid by the College, unless the employee suffers an injury in the line of duty. Any employee who is preparing for a military leave should notify the College as soon as possible to discuss the handling of benefits during this time away from work.

 

Group Life Insurance coverage and dependent life insurance cease during the military leave.

Accidental death and dismemberment insurance cease during military leave.

 

Tuition Benefits for staff members and/or eligible dependents continue during the military leave.
 
Under the Group Retirement Plan, time spent on leave without pay counts toward the two-year enrollment period.

 

Under the Group Supplemental Retirement Annuity, the staff member can be made “whole” by being allowed to contribute to the retirement plan any amount they would have contributed had they not been absent. Upon re-employment, the staff member has three (3) times their length of service (not to exceed five {5} years) to make payments.

 

Staff members participating in the pre-tax accounts may continue to submit claims against balances accumulated in their accounts through the duration of the plan year and relevant filing period.

 

If health insurance has not been maintained throughout the period of military service, it will be reinstated the day the staff member is reinstated with no waiting period. If the College cannot put the staff member back to work immediately upon application, the health insurance will be restored immediately.

 

Employees returning from military leave must provide appropriate military documentation regarding the purpose and duration of the leave. Returning employees will be reemployed in the job that they would have held if they had remained continuously employed, or to a position of equivalent seniority, status, and pay.

 

Failure to return to the practice in a timely manner after release from service may result in a refusal of reemployment. Reemployment also may be denied if the College’s circumstances have changed to the extent that reemployment is unreasonable or if the employee was separated from the uniformed service by an undesirable, bad conduct, or dishonorable discharge.

 

REPLACEMENT HIRE FOR STAFF MEMBER ON LEAVE

A department may hire a replacement while a staff member is on military leave. The replacement is a temporary appointment and the offer letter prepared by the Human Resources Office will clearly state the temporary nature of the appointment. The costs associated with the replacement employee will be borne by the hiring department. The replacement employee may be eligible for benefits depending on the type and length of the assignment. The offer letter must clearly state the terms and conditions of employment and that the position will end upon the return of the staff member on leave. Upon return of the staff member from military leave, the replacement employee’s employment with the College may cease.

 

POLICY INTERPRETATIONS

Questions related to the interpretation of this policy should be directed to the Human Resources Office staff. We encourage any staff member who takes leave under this policy to schedule a meeting with a staff member of the Human Resources Office to address any questions or concerns he or she may have with regard to the College's military leave policy and its effect of their employment status and employer-provided benefits.

 

Please be advised that the benefits descriptions in this Handbook are designed to be general guidelines, and any applicable summary plan descriptions (SPDs) will control.