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Policies and Procedures

Finance & Administration

4-OP-C-7-E Attendance and Leave

Responsible Division: Finance and Administration
Approving Official: Vice President for Finance and Administration
Effective Date: November 18, 2016
Last Revision Date: Readopted 1/1/2014

 

I. INTRODUCTION

This policy applies to all Administrative and Professional (A&P), Executive Service (AEX), and University Support Personnel System (USPS) employees. These Policies and Procedures are supplemental to and complement the University regulations. The Office of Faculty Development and Advancement administers Faculty leave.

The Chief Human Resources Officer is delegated by the President with responsibility for administration of benefits and hours of work to ensure adherence to Federal lawFlorida Statutes, and University regulations.

II. POLICY

The workweek for Florida State University is from 12:00 a.m. Friday to 11:59 p.m. the following Thursday, except for those departments which have obtained authorization, in writing, from the Chief Human Resources Officer to use a different workweek. The University requirement is that normal operations be maintained from 8:00 a.m. to 5:00 p.m. each Monday through Friday excluding University holidays unless the University President determines closure is necessary in the event of an emergency that would impact the operations of the University.

Attendance and leave policies are governed by the University workweek.

An employee who is appointed on a temporary basis to a position in a different University pay plan, shall be governed by the leave provisions for the plan to which the employee is assigned. Upon completion of the temporary assignment, leave earned while in the temporary assignment will be governed by the returning pay plan's leave provisions. Any employee assigned temporarily from a leave-accruing position to a non-leave-accruing position, shall have any unused annual and compensatory leave retained during the temporary period for use upon return to a leave accruing position.

Official time and leave documents and records for all employees must be maintained by the department according to University record retention guidelines.

The employee must record leave taken daily to the nearest quarter of an hour. Employees and supervisors are required to certify that reported time and leave is correct at the end of each pay period either on the Pay and Leave Report or in the OMNI HR Time and Leave System.

If an employee does not have an accrued leave balance to cover absences, the employee will not be paid for time not worked. Negative leave balances are not permitted.

Any absence from the normal workplace must be approved in advance. This includes, but is not limited to sick, annual, personal holiday or compensatory leave; meetings, conferences or training.

A Telecommuting Agreement with the University is required for employees who are working remotely regardless of leave usage.

OPS employees are not entitled to paid leave benefits (reference the OPS Policies and Procedures).

For bargaining unit employees, implementation of the provisions of these policies shall be in accordance with the applicable collective bargaining agreement.

PROCEDURES 

Reference OMNI Training Guides for reporting time and leave.

 

4-OP-C-7-E1.1 HOURS OF WORK

This procedure provides guidance in determining work hours for USPS, A&P, and AEX employees.

A.  A&P, AEX, and USPS Employees

1. Each employee is expected to work the number of hours in the employee's established workweek unless on approved leave. 

2. Employees may be allowed up to two work break periods, for up to 15 minutes each, during the first half of their work day and during the second half of their workday. Work breaks are a privilege granted at the discretion of the supervisor or department head. They cannot be accumulated as substitution for a lunch period or be used to compensate for late arrival or early departure from work. 

3. Total hours to be paid biweekly will include hours worked, holidays, annual leave, sick leave, personal holiday (USPS), and compensatory leave used as appropriate. 

4. Approved leave must be adjusted to ensure an employee's workweek will not exceed their appointed FTE.

5. Time spent by an employee who is subpoenaed or voluntarily produced to represent the University as a witness or defendant shall be considered time worked. The employee may, if appropriate, be paid per diem and travel expense and shall be required to turn over to the University any fees received from the court.

6. Time spent by an employee to attend meetings, conferences, or training that are deemed by the employee's supervisor to be work-related, beneficial to the Department, and/or contribute to the effectiveness of an individual's employment shall be considered time worked. This includes official work-related travel, whether on regular workdays or regular days off.

7. Enrollment in short courses, seminars, conferences, or less than full-time attendance at a college, university, or training academy which is required as part of an employee's job, shall be considered a part of the employee's work assignment.

8. Time spent by an employee taking examinations, provided such examinations are pertinent to University employment, or for the purpose of interviewing for positions within the University, may be considered time worked. Such absence from the job must be approved in advance by the immediate supervisor or other appropriate authority.

9. Most USPS, A&P, and AEX employees are paid automatically for the standard hours of their appointment by the OMNI HR system. If they should be paid less than their standard hours, the system must be manually adjusted.

B. Nonexempt Employees

1. A Nonexempt employee occupies a position that is covered by the Fair Labor Standards Act and does not qualify for an exemption under the Act. A Nonexempt employee shall receive pay or compensatory leave at the overtime rate of time-and-one-half for time worked beyond 40 hours in a workweek. This must be approved in advance by the employee’s supervisor or as soon as practical after the work has been completed and before the employee is paid.

2. Payment for overtime physically worked during the workweek should be made no later than the end of the following pay period on the basis of one-and-one-half times the employee's hourly regular rate of pay for each hour of overtime worked, unless overtime compensatory leave is awarded.

3. A nonexempt employee shall not be permitted to begin work before the established starting time or work after the established quitting time unless specifically authorized and required in advance by the supervisor.

4. When a nonexempt employee is called back to work beyond the employee's scheduled hours of work for that day and required to travel to a specific work location, the employee shall be credited with the greater of the actual time worked, including time to and from the employee's home to the assigned work location, or two hours minimum.

5. The supervisor and approving authority shall be responsible for arranging the work schedule to minimize overtime. 

6. Nonexempt employees must maintain an accurate daily and weekly record of hours worked on their employee timesheet. For Nonexempt employees, the hours worked and leave taken will be rounded to the nearest quarter of the hour at the end of each day. 

7. Approved work breaks for periods up to 15 minutes are not recorded on the nonexempt employee's timesheet. 

8. A nonexempt employee meal period, if authorized, must be at least 30 minutes long. For Nonexempt employees reporting punch time, the meal period must be recorded on the employee’s timesheet. 

9. Generally, a nonexempt employee should not take work home or perform work-related duties without supervisory approval.

C.  USPS Exempt Employees

1. A USPS Exempt employee occupies a position covered by the Fair Labor Standards Act where duties and functions are primarily of an executive, professional, or administrative nature and which qualifies for an exemption under the Act. An employee in this category shall receive payment or compensatory leave at the straight-time rate on an hour-for-hour basis for time worked beyond 40 hours in a workweek. This must be approved in advance by the employee’s supervisor or as soon as practical after the work has been completed and before the employee is paid.

D.  A&P Exempt and AEX Employees 

1. A&P Exempt and AEX employees occupy a position covered by the Fair Labor Standards Act where duties and functions are primarily of an executive, professional, or administrative nature and which qualifies for an exemption under the act.

2. A&P Exempt and AEX employees are expected to work, at minimum, their appointed hours in a workweek and are not paid overtime or granted compensatory leave for time worked in excess of the appointed hours. However, they are eligible to accrue straight-time compensatory leave when they are required by their supervisor to work during University holidays and they have worked more hours than required in the workweek in which the holiday occurred. 

3. Full-time and part-time A&P Exempt and AEX employees must use leave or leave without pay when working less than their appointed hours in a workweek.

4. Supervisors are responsible and have the flexibility for determining an A&P Exempt and AEX employee's work schedule.

 

4-OP-C-7-E1.2 COMPENSATORY LEAVE and HOLIDAY

This procedure provides details of University holidays and guidance in the accrual and use of compensatory leave for USPS and A&P Nonexempt employees and holiday compensatory leave for A&P and AEX. 

A. Holidays

1. The following holidays, as provided to all employees by Florida Statutes, and any additional holidays authorized by the Board of Trustees or the University President, shall be observed as paid holidays:

• New Year's Day - January 1 
• Martin Luther King, Jr. Day - third Monday in January
• Memorial Day - last Monday in May
• Independence Day - July 4
• Labor Day - first Monday in September
• Veterans' Day - November 11
• Thanksgiving Day - fourth Thursday in November
• Friday after Thanksgiving 
• Christmas Day - December 25

2. If any of these holidays fall on Saturday, the preceding Friday shall be observed as a holiday; if any of these holidays fall on Sunday, the following Monday shall be observed as a holiday. 

3. Holiday pay is paid at the employee's regular rate of pay. 

4. An employee must be in pay status (either work or using leave) at least a portion of their last scheduled day before a holiday in order to be paid for the holiday. 

5. A full-time employee shall be granted eight hours of leave with pay for each of these holidays, regardless of the days or hours which constitute the workweek. Part-time employees shall be granted a proportionate number of hours based on FTE.

6. In municipalities or counties where events are organized to celebrate some occasion in the locality, any employee who desires to attend such an event may use approved and accrued annual, compensatory, or personal holiday leave for that purpose, but shall not be granted any other type of leave with pay. This policy shall also apply to any holiday that is not specifically designated a University holiday. 

7. Additional holidays authorized by the Board of Trustees or President shall follow the same guidelines as it relates to holidays for compensation for earning additional pay or leave.

B. Personal Holiday

1. Each full-time USPS employee is entitled to one personal holiday each University fiscal year with proportionate accrual for less than full-time employment. Such personal holiday shall be credited to eligible employees on July 1 of each year to be taken by June 30 of the following year. A&P positions are exempted under Florida Statutes and are not eligible for this benefit. 

2. The personal holiday must be used in full and cannot be split for use on multiple days.

C. Compensatory Leave

1. There are two types of compensatory leave: overtime (time-and-one-half) and straight-time (hour-for-hour).

a) Overtime compensatory leave: 

i) Is earned by a USPS or A&P nonexempt employee for hours physically worked beyond 40 hours in a workweek instead of overtime pay.

ii) USPS Law Enforcement on work periods other than a 40 hour workweek must work the number of hours established for that period for overtime compensatory leave to apply.

b) Straight-time compensatory leave is provided as follows:

i) To compensate a USPS Exempt employee for hours physically worked beyond 40 hours in a workweek unless the department head or appropriate authority approves payment. The USPS Exempt employee works in a position that has been designated as exempt from the Fair Labor Standards Act.

ii) To compensate a USPS (Nonexempt and Exempt) or A&P Nonexempt employee when the employee works more than the required number of hours (up to 40) in the workweek during which a holiday occurs.

iii) To compensate a USPS employee (Nonexempt and Exempt) or A&P Nonexempt for administrative leave for jury duty provided in the Administrative Leave policy when the employee worked more than the required number of hours (up to 40) in the workweek during which the jury duty occurred. 

iv) To compensate an A&P Exempt employee when they are required to work on a holiday and the employee worked more than the required number of hours in the workweek during which the holiday occurred. A&P Exempt employees may earn a maximum of eight hours compensatory leave per holiday for a combined workweek total of 40 hours.

v) To compensate a USPS employee (Nonexempt and Exempt) or A&P Nonexempt for administrative leave for an emergency closure provided in the Administrative Leave policy when the employee works more than the required number of hours (up to 40) in the workweek during which an emergency closure occurred.

vi) To compensate a part-time USPS employee (Nonexempt and Exempt) or A&P Nonexempt for hours physically worked beyond the employee’s Full-time Equivalency Rate (FTE) in a workweek instead of payment. 

vii) USPS Law Enforcement employees on work periods other than a 40 hour workweek must work the number of hours established for that period in order for straight-time compensatory leave to apply.

2. Unused compensatory leave (straight-time and overtime) shall be cashed out:

a) annually, 

b) upon promotion to an ineligible salary plan, 

c) upon separation from the University, OR 

d) at the discretion of the department when crossing budget entities, at the time of reassignment, transfer, demotion, or promotion across divisions.

Compensatory leave may be retained only for extraordinary circumstances upon final approval by the Chief Human Resources Officer or designee. The retention request must be initiated by the affected employee and approved by the supervisor, Dean, Director, or Department Head, and the Chief Human Resources Officer or designee. If retention of compensatory leave is deemed inappropriate by the Chief Human Resources Officer or designee, some or all of the compensatory leave will be cashed out.

Compensatory leave earned for additional holidays declared by the Board of Trustees or President may be required to be used or forfeited and not cashed out. 

3. Any hours worked during a workweek that would cause the compensatory leave balances to exceed 80 hours of straight-time compensatory leave or 160 hours of overtime compensatory leave will be paid during the pay period in which it was earned. USPS Law Enforcement employees will be governed by the provisions of their collective bargaining agreement.

4. The supervisor must approve earning compensatory leave before the time is worked. 

5. Prior approval must be received from the supervisor before compensatory leave is used. 

6. At the discretion of a supervisor or other appropriate authority, an employee may be required to use compensatory leave based on agency needs and provided such usage requirement is in accordance with any collective bargaining agreement provisions. 

7. Compensatory leave shall be used and the balances depleted before annual leave is used, unless otherwise specified in a collective bargaining agreement.

8. While on compensatory leave or other leave with pay, an employee may not be employed elsewhere unless the requirements for outside activity have been met.

 

 

4-OP-C-7-E1.3 ADMINISTRATIVE LEAVE

OBJECTIVE

This procedure provides guidance in determining the use of administrative leave for A&P and USPS employees. 

SPECIFIC AUTHORITY

Florida Statutes Sections 110.118, 110.119, 110.120
FSU Regulation 4.0015

OVERVIEW 

Administrative leave is paid leave which is not accrued and may be applied in the following situations:

1. Administrative leave shall be provided to USPS and A&P employees as follows and shall not cause the employee to exceed their appointed hours during the workweek:

a. When summoned as a witness in a matter not involving personal interests - Leave for this purpose shall not exceed the number of hours in the employee's normal workday. If the summons does not require absence for the entire workday, the employee shall return to work immediately upon release by the court. If the summons does not coincide with the regular work schedule, the employee shall be granted administrative leave based on the total hours summoned as witness and such leave shall be granted on the next scheduled work shift. Administrative leave shall not be provided to an employee serving as an expert witness. The employee shall retain any witness pay. (Reference Compensatory Leave) 

b. When the employee is a group leader, coach, official, or athlete and a member of the official delegation of the United States to world, Pan American, or Olympic competition. In no event shall the paid leave under this provision exceed the period of the official training camp and competition combined or thirty (30) calendar days a year, whichever is less.

c. Up to two (2) days shall be provided to employees upon the death of an immediate family member.

d. An employee who is a certified disaster service volunteer of the American Red Cross may be provided administrative leave for not more than fifteen (15) working days in the University fiscal year upon request of the American Red Cross and the employee's supervisor's approval. Leave granted under this act is authorized by the Florida Statutes and shall be only for service related to a civil disorder or disaster occurring within the boundaries of the State of Florida, unless authorized by the President.

e. With the prior approval of the Chief Human Resources Officer or designee and the employee’s supervisor, up to two (2) hours of administrative leave may be granted for voting in public elections.

f. An employee who has been rated by the United States Department of Veterans Affairs or its predecessor to have incurred a service-connected disability and has been scheduled by the United States Department of Veterans Affairs to be re-examined or treated for the disability shall be granted administrative leave for such reexamination or treatment without loss of pay or benefits. In no instance shall the paid leave exceed forty-eight (48) hours per calendar year. (Reference Military Leave)

2. In the specific circumstances below, USPS and A&P employees are provided paid administrative leave as follows:

a. Jury Duty - Leave for this purpose shall not exceed the number of hours in the employee's normal workday. If jury duty does not require absence for the entire workday, the employee shall return to work immediately upon release by the court. If the jury duty does not coincide with the regular work schedule, the employee shall be granted administrative leave based on the total hours served on jury duty and such leave shall be granted on the next scheduled work shift. The employee shall retain any jury pay. (Reference Compensatory Leave)

b. Official emergency closing of University facilities - Only employees who are regularly scheduled to work on the day(s) of the emergency closing shall be provided administrative leave. For employees required to work during the time of the emergency closing, (Reference Compensatory Leave). With the prior approval of the Chief Human Resources Officer, administrative leave may be granted for non-emergency closing of University facilities. An employee who was on a prior approved leave of absence during an emergency closing shall not have the leave of absence changed to administrative leave. Reference the policy on Advanced Annual Leave for Natural Disasters affecting individual employees during an emergency when the University is not officially closed.

3. In consultation with Employee & Labor Relations, an employee under investigation may be placed on administrative leave during the investigation.

4. In consultation with Employee & Labor Relations, an employee may be placed on administrative leave between the notice of suspension or dismissal and the effective date of such action.

5. In consultation with Employee & Labor Relations, an employee may be placed on administrative leave when the employee's presence in the workplace may result in damage to property, injury to the employee, others, or would be detrimental to the best interest of the University.

6. In consultation with Employee & Labor Relations, an employee may be placed on administrative leave with pay for one workday in lieu of a suspension without pay for disciplinary reasons. Such administrative leave would serve as a suspension in the progressive disciplinary process under the University Guidelines for Disciplinary Actions.
 

4-OP-C-7-E1.4 ANNUAL LEAVE 

OBJECTIVE

This procedure provides guidance in determining the accrual and use of annual leave for A&P, Executive Service, and USPS employees. 

SPECIFIC AUTHORITY 

FSU Regulation FSU 4.0015 

OVERVIEW 

A. Annual Leave Accrual

1. Full-time A&P, Executive Service, and USPS employees shall accrue annual leave as follows with proportionate accrual rate for less than full-time employment. 
 

  BiWeekly (Hours) Year End Maximums (Hours) Lifetime Maximum Payout (Hours)
Faculty (12 Month) 6.769 352 352
A & P 6.769 352 352
Executive Service 9.195 480 480
USPS (Months of Service
0 - 6 4 240 0
7 - 60 4 240 240
61 - 120 5 240 240
Over 120 6 240 240


NOTE: The leave accrual formula for the proportionate accrual rate for less than full-time employment (i.e.: less than 100% FTE or using leave without pay) is: Number of hours in pay status divided by 80 and multiplied by the full-time accrual rate.


2. Annual leave shall be accrued while in pay status and shall be credited on the last day of each pay period or, in the case of separation, on the last day the employee is on the payroll. Annual leave shall be accrued prior to use unless advanced by the President or designee. Reference the Annual Leave Advancement and Advanced Annual Leave for Natural Disasters policies.

3. The annual leave accrual rate will be prorated for the use of leave without pay.

B. Annual Leave Use 

1. Annual leave shall not be used unless authorized in advance by the supervisor or other appropriate authority.

2. Annual leave should be used to provide periodic vacations; however, earned annual leave may be used for any other purpose. 

3. An employee who uses annual leave in an amount which is less than a full hour shall be charged with such leave to the closest quarter hour.

4. Annual leave use shall not cause a full-time employee to exceed 40 hours during the workweek and shall not cause part-time employees to exceed their appointed hours for the workweek. 

5. While on annual leave or other leave with pay, an employee may not be employed elsewhere unless the requirements for outside activity have been met.

6. Upon reasonable notice, the supervisor or appropriate authority may require an employee to use any part of the employee's accrued annual leave.

7. Employees may not retain annual leave for the purpose of using it as terminal leave prior to retirement or separation from the University.

C. Excess Annual Leave

1. The supervisor should ensure that the year-end annual leave balance for each of their employees is not above the maximum allowed by the University; otherwise the excess will be transferred to the employee's sick leave balance (reference chart above). 

2. Although employees may accrue annual leave in excess of the year-end maximum during a calendar year, the amount in excess of the year-end maximum as of the last full pay period in December shall be converted annually to post October 1, 1973 sick leave on an hour-for-hour basis. 

3. Annual leave in excess of the year-end maximum may be retained only for circumstances involving natural disasters and other extraordinary circumstances lasting for an extended period of time that prevent the employee from using vacation leave. The retention request must be initiated by the affected employee and approved by the supervisor, Dean, Director or Department Head, and the Chief Human Resources Officer or designee. If the amount of excess annual leave is deemed inappropriate by the Chief Human Resources Officer or designee, some or all of the excess will be transferred to the employee’s sick leave balance.

4. Employees may not retain excess annual leave for the purpose of using it as terminal leave prior to retirement or separation from the University.

D. Transferring Annual Leave To and From the University 

1. An individual who resigns from a Florida governmental entity (State agency or university, community college, county or city) and is thereafter employed by the University may transfer up to 80 hours of accrued unused and unpaid annual leave as follows (reference transfer procedure):

a) Provided no more than thirty-one (31) days has elapsed between employment.

b) The University hiring department has the option whether to accept annual leave from another State of Florida governmental entity and can designate the number of hours which will be accepted in the offer letter up to the 80 hour maximum.

i) Upon obtaining authorization from the hiring department, HR Attendance & Leave shall request the leave transfer from the prior agency. 

ii) Once the leave transfer is received from the prior agency, HR Attendance & Leave will update the employee’s leave balance in the OMNI Leave System.

2. Upon transfer from an annual leave accruing position to a non-leave accruing salaried position within the University, the employee shall be paid, if eligible, for unused annual leave up to the lifetime maximum allowed (reference chart above).

3. An individual who separates from the University may transfer annual leave up to the year-end maximum for the employee’s pay plan to another Florida governmental entity as follows:

a) The transferring employee must verify acceptance by the hiring agency and should request the leave transfer on the Separation Checklist.

b) Provided no more than thirty-one (31) days has elapsed between employment.

c) The combined total of paid and transferred annual leave may not exceed the year-end maximum.

E. Separating from the University

1. Upon separation from the University, an employee may be paid up to the lifetime year-end maximum (reference chart above) for accrued and unused annual leave provided the length of service requirement has been met. Any annual leave not eligible for payout, including excess annual leave, will be forfeited. Payment is made at the employee’s salary rate at the time of separation.

2. A USPS employee with six or more months of continuous Florida State University service who separates from the University may be paid for accrued and unused annual leave up to the lifetime year-end maximum (reference chart above). 

3. Upon re-employment by the University in a leave accruing position within 100 days, all unpaid annual leave shall be restored and any annual leave paid at the time of separation shall be restored upon repayment by the employee provided a written request has been received by Human Resources within 31 days of the effective date of re-employment. 

4. An employee who is being laid off will receive an annual leave payout, if eligible. Upon layoff recall by the University in a leave accruing position within one (1) year, all unpaid annual leave shall be restored. Any annual leave paid at the time of separation shall be restored upon repayment provided the employee requests such action in writing to the Chief Human Resources Officer within 31 days of the effective date of re-employment. 

NOTE: HR Attendance & Leave will coordinate the annual leave restoration and/or reimbursement with the employee and the Payroll Office upon receipt of an employee's request that all unused annual leave be restored.

 

4-OP-C-7-E1.4(a) ANNUAL LEAVE ADVANCEMENT

OBJECTIVE

This procedure provides guidance in the review of annual leave advancement requests.


SPECIFIC AUTHORITY 

FSU Regulation 4.0015 

OVERVIEW

Under normal circumstances, the authorization to use annual leave prior to being accrued and credited to an employee is prohibited. However, extraordinary circumstances may arise which warrant that annual leave be authorized for use by an employee prior to being accrued after all existing accrued annual, personal holiday and compensatory leave has been exhausted. All accrued sick leave must also be exhausted if the request for advanced annual leave is for injury or illness. Situations that may warrant approval of advanced annual leave may include, but are not limited to, illness or injury of the employee and/or immediate family (as defined by FMLA policy).

Authority to approve the advancement of annual leave is delegated to the University President or his designee. To apply for an annual leave advancement, a written request approved by the supervisor and the appropriate Dean, Director or Department Head should be forwarded to the Office of Human Resources for review. Approval will be granted on an individual basis and there is no guarantee that annual leave will be granted.

When reviewing requests to advance annual leave, the following will be considered:

• History of leave usage of the employee and leave balances 

• Length of service at FSU

• Performance standards of the employee (must be meeting performance standards; may not have a non-renewal status; may not be involved in any active disciplinary process; or be the subject of other performance related issues)

• Reason for the request

• Redistribution of critical work in the unit outlined by the employee's supervisor to ensure continuity

• Amount of hours requested (advanced annual leave shall not exceed the amount normally accrued during a twelve-month period)

If the employee is awarded annual leave advancement, any subsequent annual leave or personal holiday accruals will be used towards repayment of the advanced leave and deducted from any annual leave balance they might have until the advancement is repaid. Anyone receiving annual leave advancement must pay back the hours before requesting an additional advancement.

If the employee terminates from FSU before repayment of the advanced leave, there will be a financial obligation on the part of the employee to repay the value of the remaining hours.

 

OP-C-7-E1.4(b) ADVANCED ANNUAL LEAVE FOR NATURAL DISASTERS 

OBJECTIVE

This policy is to establish equitable and clearly understood procedures, eligibility requirements, criteria, and responsibilities for approving an employee's request to advance annual leave due to absence resulting from a natural disaster.

OVERVIEW

There are times when emergency conditions do not result in University closures but individual employees are unable to report to work in the period following a natural catastrophe because of danger to human life and/or property. This policy provides departments the ability, with appropriate Vice Presidential and Human Resources approval, to advance annual leave to employees, on a case-by-case basis, in instances when an employee is unable to report to work due to mandatory evacuation, hazardous or unsafe travel conditions, or severe damage to their primary residence located in an area which has been declared a state of emergency.

Should an employee not have accrued annual leave to utilize in the aftermath of a natural disaster, annual leave may be advanced to the employee in an amount not to exceed five (5) scheduled workdays. If an impacted employee needs additional time, management is encouraged to work with the employee to make other reasonable accommodations including leave without pay or changes in schedule as needed.

PROCEDURES

A. Employee Responsibilities:

1. The employee is to initiate the request by contacting his or her supervisor as soon as possible on or before the first day of absence. 

2. The employee is to request the advancement of annual leave in writing. If the employee is unable to submit a written request, the employee's supervisor may do so on the employee's behalf. The written statement requesting the advancement of annual leave is to cite the reason for the absence and be accompanied with information documenting flooding, road closures, home damage, etc. 

3. The written request is to be submitted through the employee's supervisor, department head, and Vice President prior to submission to the Chief Human Resources Officer. 

4. Documented home damage is to be for the employee’s primary residence only, not weekend, "summer home", rental or any other property not considered to be the primary residence.

B. Department Responsibilities:

1. Supervisors are to ensure that they are being kept apprised of emergency conditions by maintaining communications with the Environmental Health and Safety Office and the Florida Division of Emergency Management. 

2. Upon supervisory, department head, and Vice Presidential approval, the written request is to be sent to Human Resources.

C. Human Resources Responsibilities:

1. Upon approval by the Chief Human Resources Officer, notification will be sent to the department.

2. HR Attendance & Leave will accrue and monitor the leave advancement.

 

4-OP-C-7-E1.5 SICK LEAVE 

OBJECTIVE 

This procedure provides guidance in determining accrual and use of sick leave for A&P, Executive Service, and USPS employees. 

SPECIFIC AUTHORITY 

Florida Statutes Section 110.122 and 110.221 
FSU Regulation 4.0015 

OVERVIEW

A. Sick Leave Accrual

1. Full-time employees shall accrue sick leave as follows with proportionate accrual for less than full-time. Hours accrued during each biweekly pay period are:

• A&P: 4 
• Executive Service: 5 
• USPS: 4 

NOTE: The leave accrual formula for the proportionate accrual rate for less than full-time employment (i.e.: less than 100% FTE or using leave without pay) is: Number of hours in pay status divided by 80 and multiplied by the full-time accrual rate.

2. Sick leave shall be accrued while in pay status and shall be credited on the last day of the pay period or, in the case of separation, on the last day the employee is on the payroll.

3. The sick leave accrual rate will be prorated for the use of leave without pay.

B. Sick Leave Use

1. Sick leave shall not be used unless authorized in advance by the supervisor or other appropriate authority. Reference the Leave Request Form which may be used for this purpose. Except in a case of an emergency, the employee or the employee's representative must notify the supervisor as soon as possible on the first day of absence. 

2. Employees may be required to submit a medical certification document after three (3) absences for illness within a thirty (30) consecutive day period. This medical certification must be furnished before any further sick leave or leave without pay will be approved. Medical certification is required after ten (10) or more consecutive days of absence. Employees who are on sick leave and know that their use of sick leave has exceeded these policy limits should obtain medical certification prior to returning to work. 

3. Medical certification may be required from an employee at any time by their immediate supervisor or appropriate authority if an employee has been put on notice for excessive absenteeism or if there is sufficient cause to do so. However, it is the policy of FSU not to require medical certification for routine medical appointments or minor family illnesses. 

4. If the reason for sick leave qualifies as a serious health condition under the Family and Medical Leave Act (FMLA), reference Family and Medical Leave policy. Sick leave resulting in recurring absences that are not covered under the FMLA may be considered excessive in accordance with University guidelines.

5. An employee who has accrued compensatory leave may be allowed to first use such leave before using accrued sick leave. 

6. Sick leave shall not be used before accrued unless available through a Sick Leave Pool. 

7. There is no maximum on the amount of sick leave that can be accrued. 

8. Sick leave accrued prior to October 1, 1973 shall be used prior to any sick leave accrued after that date. 

9. Sick leave is authorized for the following purposes:

a) The employee's personal illness, injury, exposure to a contagious disease, disability where the employee is unable to perform assigned duties or appointments with health care providers. Personal illness shall include disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery there from. 

b) The illness, injury, appointment with health care providers, or death of an employee's immediate family member.

10. Notice of absence due to illness, injury, disability, or exposure to a contagious disease, shall be given on the first day of absence. 

11. An employee who uses sick leave in an amount which is less than a full hour shall be charged with such leave to the closest quarter hour.

12. Sick leave use shall not cause a full-time employee to exceed 40 hours during the workweek and shall not cause part-time employees to exceed their appointed hours for the workweek. 

13. While on sick leave or other leave with pay, an employee may not be employed elsewhere unless the requirements for outside activity have been met.

14. An employee who becomes ill while on approved leave, paid or unpaid, other than administrative leave, may be allowed to use accrued sick leave to cover the period of illness, subject to provisions of these policies.

C. Transferring Sick Leave To and From the University

1. An individual who resigns from a Florida governmental entity (State agency or university, community college, county or city) and is thereafter employed by the University may transfer up to 240 hours of accrued unused and unpaid sick leave as follows (reference transfer procedure):

a) Provided no more than thirty-one (31) days has elapsed between employment.

b) The hiring department has the option whether to accept sick leave from another Florida governmental entity and can designate up to 240 hours in the offer letter.

i) Upon obtaining authorization from the hiring department, HR Attendance & Leave shall request the leave transfer from the prior agency. 

ii) Once the leave transfer is received from the prior agency, HR Attendance & Leave will update the employee’s leave balance in the OMNI Leave System.

2. An individual who separates from the University may transfer sick leave to another Florida governmental entity as follows:

a) The transferring employee must verify acceptance by the hiring agency and should request the transfer on the Separation Checklist.

b) Provided no more than thirty-one (31) days has elapsed between employment.

D. Separating from the University

1. Upon separation from the University, an employee with ten (10) or more years of creditable State of Florida and/or University service may be paid for one-eighth of all unused sick leave accrued prior to October 1, 1973. In addition, one-fourth of all sick leave shall be paid up to a lifetime maximum of 480 hours accrued after October 1, 1973,in accordance with Florida Statutes. Payment is made at the employee's salary rate at the time of separation. Any employee with an accrued and unused sick leave balance of 1920 hours may receive up to the lifetime maximum payment of 480 hours. Any sick leave not eligible for payout will be forfeited.

Note: Creditable state service is not used to calculate years for retirement purposes. 

2. An employee hired after October 1, 2015 with less than ten (10) years of Florida State University  service shall not be paid for any accrued and unused sick leave. 

3. Upon re-employment by the University in a leave accruing position within 100 days, all unpaid sick leave shall be restored and any sick leave paid at the time of separation shall be restored upon repayment by the employee provided a written request has been received by Human Resources within 31 days of the effective date of re-employment. 

4. An employee who is being laid off will receive a sick leave payout, if eligible. Upon layoff recall by the University in a leave accruing position within one (1) year, all unpaid sick leave shall be restored. Any sick leave paid at the time of separation shall be restored upon repayment provided the employee requests such action in writing to the Chief Human Resources Officer within 31 days of the effective date of re-employment.

 

4-OP-C-7-E1.6 DISABILITY LEAVE WITH PAY AND WORKERS’ COMPENSATION LEAVE 

OBJECTIVE

This procedure provides guidance for applying disability leave with pay and Workers’ Compensation leave for A&P, Executive Service, and USPS employees. 

SPECIFIC AUTHORITY 

Family and Medical Leave Act 
Workers Compensation Law 
Florida Statutes Chapter 440 
FSU Regulation 4.0015

OVERVIEW

A university employee who sustains a disability that is covered under Workers' Compensation Benefits will be carried in full pay status (Administrative Leave) for a period not to exceed seven (7) calendar days immediately following the injury, or for a maximum of forty (40) hours, without being required to use accrued leave. The employee must reimburse the University for any Workers' Compensation Benefits received during this period other than payment for medical, surgical, hospital, nursing, or related expenses, or lump sum payments for disability losses. If the employee is unable to resume work at the end of seven (7) calendar days, any one of the following courses of action may be taken:

The case may be reviewed by a physician appointed and paid for by the University, and the University shall determine the action to be taken.

The employee may elect to use accrued sick, compensatory, personal holiday or annual leave in the amount necessary to receive salary payment that will, when added to the workers' compensation payments, equal the total salary received prior to the occurrence of the disability.

Leave will continue to be accrued as long as the employee is carried in a pay status under any of the above.

The employee may elect to receive only Workers' Compensation Benefits and will be granted leave of absence without pay.

In no case will the employee's salary and Workers' Compensation Benefits be permitted to exceed the amount of regular salary payments.

An employee who was injured in the workplace may be returned to alternate duty consistent with established University policies or procedures.

If, at the end of the leave period, an employee is unable to return from leave to work full-time and perform the duties of the position, the Chief Human Resources Officer or designee may offer the employee a part-time appointment, place the employee on unpaid leave or extend the leave status, request the employee's resignation, or terminate the employee from employment.

PROCEDURE 

When an employee elects to use leave in conjunction with the workers compensation payment:

• The employee must consult with a representative of the Environmental Health and Safety Office. 

• The employee should consult with Human Resources Family and Medical Leave Coordinator prior to being placed on leave. 

• Environmental Health and Safety will consult with the employee and coordinate between the various entities.

 

4-OP-C-7-E1.7 FAMILY AND MEDICAL LEAVE 

OBJECTIVE

To establish procedures and responsibilities for granting Family and Medical Leave to eligible Faculty and Staff. The Family and Medical Leave Act (FMLA) and its implementing regulations are more detailed than can be set forth here and are the ultimate authority as to employee rights.

SPECIFIC AUTHORITY 

Family and Medical Leave Act of 1993, Title 29, Part 825, Code of Federal Regulations 
FSU Regulation 4.0015 

OVERVIEW

The Office of Human Resources administers Family and Medical Leave procedures for eligible employees in accordance with the Family and Medical Leave Act of 1993 , Federal regulations and University Regulations.

A. Notice of Employee Rights 

A Notice to Employee of Rights and Responsibilities under FMLA has been posted on the employee and public accessible bulletin board located in the entrance to the Office of Human Resources at the University Center. Departments having federal postings should post the current notice.

B. Employee Eligibility

All employees are eligible for Family and Medical Leave including Other Personal Services (OPS) employees so long as they have worked at least twelve (12) months in the last 7 years and worked at least 1250 hours in the twelve (12) months prior to the leave.

C. Reasons for Family and Medical Leave 

Proper medical certification is required to grant Family and Medical Leave for one or more of the following reasons: 

1. For the birth and care of a newborn child (FMLA) of the employee or for placement with the employee of a child for adoption or foster care; 

2. To care for an immediate family member (FMLA) with a serious health condition; 

3. To take medical leave when the employee is unable to work because of a serious health condition;

4. For a qualifying exigency arising out of the fact that a spouse, son, daughter, or parent has been called to active duty in support of a contingency operation; or 

5. To care for a spouse, son, daughter, parent, or next of kin that has been injured while on active military duty, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status or on the temporary retired list for a serious injury or illness.

D. Leave Entitlement

1. An eligible employee will be granted up to a total of twelve (12) workweeks/480 hours of unpaid leave during a twelve (12) month rolling year period, measured backward. 

2. An eligible employee will be granted a total of twenty six (26) workweeks/960 hours of unpaid leave in a single twelve (12) month period to care for an injured or ill service member.

3. Leave accruing employees may use accrued leave or leave without pay in accordance with FSU Policy when reporting FMLA.

4. Leave may be used in conjunction with a reduced work schedule. 

5. Leave for the birth, adoption or foster care of a child:

a) Must conclude within twelve (12) months of the birth or placement.

b) Spouses both employed by the University are jointly entitled to a combined total of twelve (12) workweeks/480 hours.

c) Pursuant to FSU Regulation 6C2R-4.0015, a salaried employee is entitled to a parental leave for up to six (6) months for a birth or adoption of the employee's child. If an eligible employee elects to take parental leave, up to 480 hours of such leave may be counted against that employee's FMLA entitlement.

E. Notice and Certification

1. Employees requesting the use of Family and Medical Leave are to provide thirty (30) day advance notice when the need is foreseeable and such notice is practicable.

2. Approval for Family and Medical Leave will be contingent upon the employee providing to the University the medical certification (Health Care Provider Certification Form) within fifteen (15) calendar days, or as otherwise specified, after the leave is requested. The Family and Medical Leave may be denied, discontinued or delayed until the employee submits the certification. 

3. If an employee requesting an absence for sickness or injury does not request that the leave be considered an absence under the FMLA, the supervisor may designate the leave as such so long as the FMLA eligibility requirements are met. 

4. If the employee does not provide a required medical certification, the leave will not be authorized as Family and Medical Leave under the provisions of the Family and Medical Leave Act. 

5. The University will notify the employee in writing on the Family/Parental and Medical Leave Designation Notice that the absence will count as Family and Medical Leave.

F. Health Benefits Maintenance

The University may continue to pay the employer portion of the premiums to maintain the group health and life insurance coverage. The employee will be responsible for continuing payment of the employee's share of the health and life premiums along with any other benefit premiums by making arrangements with the Benefits Office in Human Resources.

G. Returning to Work

1. If your FMLA leave is due to your own serious health condition resulting in continuous leave greater than five (5) scheduled work days, then a fitness for duty statement is required prior to your return to work. You will not be restored to active employment until you obtain from the health care provider and present to your supervisor a written statement that you are fit to return to active employment (with respect to the particular health condition for which you took FMLA leave). A return-to-work statement is not required for intermittent leave or for the serious health condition of a family member. 

2. The employee will be returned to the same or equivalent position with equivalent pay, benefits, and working conditions.

H. Procedure for Request and Approval of Family and Medical Leave

1. The employee, or in the case of an unforeseeable emergency the employee's spokesperson, should notify the employee's supervisor and request Family and Medical Leave (FMLA). The FMLA/Parental Leave Request and Notice Form is the recommended method to request FMLA.

The employee is responsible for:

a) Stating the period for which the FMLA is being requested. 

b) Explaining the reason(s) for the leave. 

c) Indicating whether they wish to use accrued leave on a continuous or intermittent basis or elect to use leave without pay. 

d) Providing medical certification within fifteen (15) calendar days or as otherwise specified by Human Resources.

e) Notifying the Benefits Office in Human Resources and arranging for payment of employee contributions of health, life or any other insurance premiums.

2. The Supervisor, Dean, Director or Department Head are responsible for recommending approval of the request for FMLA with final approval from the Chief Human Resources Officer or designee. 

The Supervisor, Dean, Director or Department Head:

a) Will acknowledge in writing using the FMLA/Parental Leave Request and Notice Form and forward to the FMLA Administrator in Human Resources for review. 

b) Will provide the employee or the employee's spokesperson with the Health Care Provider Certification Form to be completed by the attending health care provider. 

c) Will disseminate all information and forms received from the Office of Human Resources. The Notice of Eligibility and Rights and Responsibilities provides written information of the employee’s eligibility and provides specific expectations and obligations of the employee. The Designation Notice will indicate whether the leave will be covered under the FMLA.

d) Will initiate FMLA designation if the reason for the leave is qualifying under the FMLA and the employee does not request FMLA.

e) May place an employee on compulsory disability leave to run concurrent with leave designated as FMLA. The department should contact the Employee and Labor Relations Office in Human Resources for assistance. 

f) Is responsible for recording the FMLA leave, the appropriate reason code for the FMLA leave and any accrued leave and/or leave without pay as appropriate on the employee’s OMNI timesheet each biweekly pay period while an employee is on approved FMLA leave consistent with the department's procedures. 

g) Is responsible for submitting the personnel action(s) required as the result of the employee being granted Family and Medical Leave. 

h) Is responsible for submitting personnel action(s) required as the result of the employee returning to work after having been granted FMLA.

3. The Chief Human Resource Officer or designee is responsible for approving/disapproving all requests under the FMLA.

 

OP-C-7-E1.8 PARENTAL LEAVE

OBJECTIVE

This policy provides guidance and procedures for granting unpaid Parental Leave to eligible Faculty and Staff (AEX, A&P, USPS, OPS).

SPECIFIC AUTHORITY 

Florida Statutes 110.221
FSU Regulation FSU-4.0015

OVERVIEW 

Parental Leave is designated unpaid leave for the father or mother of a child who is born to or adopted by that parent. The Office of Human Resources administers Parental Leave for employees in accordance with Florida Statutes 110.221, University Regulation, and applicable collective bargaining agreements.

Under this policy an employee shall be provided up to six months of unpaid leave in the immediate period following the employee becoming a biological or adoptive parent. Parental Leave shall not begin more than two weeks prior to the expected date of the child's arrival unless otherwise approved by the supervisory chain and the Chief Human Resources Officer.

PROCEDURES

The employee is responsible for requesting Parental Leave from the University. To request Parental Leave, the employee should complete the employee portion of the FMLA/Parental Leave Request and Notice Form and obtain the supervisor’s acknowledgment. The form should then be sent to Human Resources for processing and approval. Submission of a medical certification or verification of adoption is required prior to Parental Leave being granted.

The supervisor or the Dean, Director, or Department Head are responsible for acknowledgment of the request for Parental Leave with final approval from the Chief Human Resources Officer.

The supervisor may grant other leaves of absence with or without pay prior to the effective date of the Parental Leave or grant an extension of leave in accordance with the Attendance and Leave regulations, policies and procedures.

Human Resources shall notify the employee in writing as to the period of leave granted, clearly specifying the date the employee will return to duty and that the employee will return to the same position or to an equivalent appointment with equivalent pay and seniority, retirement, fringe benefits, and other service credits accumulated prior to the leave period.

While Parental Leave is leave without pay, the employee, may request and be approved to use accrued annual, personal holiday, or compensatory leave with pay to cover any part of the six months period until all or any part of the employee's accrued leave has been used. When a physician certifies illness, the employee shall be allowed to use accrued sick leave while on Parental Leave. The request to use leave with pay should be included in the FMLA/Parental Leave Request and Notice Form. Should accrued leave be used during Parental Leave, the employee shall be entitled to accumulate all benefits granted under paid leave status.

The supervisor is responsible for recording the Parental Leave and any accrued leave and/or leave without pay as appropriate on the employee’s OMNI timesheet each biweekly pay period while an employee is on approved Parental Leave consistent with the department's procedures and University guidelines.

The employee is responsible for notifying the Benefits Office in Human Resources to arrange for payment of employee contributions of health, life or any other insurance premiums.

NOTE: Parental Leave is a qualifying condition under the Federal Family and Medical Leave Act. (Reference the Family and Medical Leave policy) Family and Medical Leave and Parental Leave will run concurrently if the employee is approved for both leave plans.

 

4-OP-C-7-E1.9 MILITARY LEAVE

OBJECTIVE 

This procedure provides guidance for requesting and granting military leave with or without pay for A&P, Executive Service, and USPS employees. 

SPECIFIC AUTHORITY 

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Florida Statutes 115.07, 115.09 and 115.14 

OVERVIEW

An employee who volunteers for active military service or is ordered to active duty in connection with reserve activity other than short term will be granted a leave of absence from an assigned position for the duration of the required active duty service.

An employee who is a member of the United State Armed Forces Reserve, including National Guard, will be granted administrative leave up to the required maximums during periods in which the employee is ordered to active or inactive duty for training.

A. Active Duty Process

1. The first thirty (30) calendar days of active military service will be with full pay (Administrative Leave) provided official written orders have been received. The employee shall request to use accrued annual, personal holiday or compensatory leave or be placed on leave without pay status for this period until the official orders have been received. 

2. All unused leave benefits will be retained by the employee and will be credited to the employee's record if reinstated to a position. 

3. During such leave, the employee will be entitled to preserve all seniority rights, performance ratings and promotional status.

4. At the end of the first thirty (30) calendar days and with the approval of the supervisor and appropriate administrator the employee may use accrued annual, personal holiday and compensatory leave to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 

5. If an employee has an annual leave balance in excess of the year-end maximum on the last day of the last full pay period of the calendar year, such excess shall be carried over to the next calendar year instead of converting to sick leave. 

6. If the employee has no accrued leave or chooses not to use it, the employee will be placed on leave without pay during the remainder of the military leave. 

7. While in pay status, the retirement contribution will continue to be made for the employee. The state's retirement contributions will cease, however, when an employee is on leave without pay just as it does for any other type of leave without pay. 

8. The position of an employee granted military leave may be filled on a substitute basis. Upon separation from the military service, the employee will be eligible to return to the former position or a different position in the same class and the same geographic location provided that reinstatement is requested after separation within the time allowed according to USERRA depending on their length of service. The University may require the employee to submit to a medical examination to determine the fitness to perform the essential duties of the position. 

9. The employee must:

a. Present a copy of the official military orders to their department and Human Resources in order to be granted leave which begins with the date of induction and shall terminate with the date of release or discharge from active military service, or upon return from military service, whichever occurs first.

b. Contact the Benefits Office in Human Resources for a consultation. The University will continue to pay the employer portion of the premiums to maintain the group health and life insurance within the time limits defined by USERRA. The employee will be responsible for continuing payment of the employee’s share of the health and life premiums along with any other benefit premiums. If possible, contact should be made before beginning active military duty.

10. The supervisor or appropriate administrator must:

a. Submit to HR Attendance & Leave a copy of the military orders. A copy should also be retained by the department.

b. Report the appropriate military time reporting code(s) and/or accrued annual, personal holiday and compensatory leave, if applicable.

B. Short Term Military Training Process

1. An employee who is a member of the United State Armed Forces Reserve, including National Guard, shall, upon presentation of a copy of the employee's official orders issued pursuant to the authority of Title 10 or Title 32, United States Code, be granted administrative leave during periods in which the employee is ordered to active or inactive duty for training. Whether continuous or intermittent, such leave with pay shall not exceed 240 hours in any one fiscal year (July 1 - June 30). 

2. Any absence in excess of 240 hours per fiscal year may, upon request by the employee and approval by the appropriate supervisor, be covered by accrued compensatory, personal holiday or annual leave. If not requested by the employee or approved by the appropriate supervisor as compensatory, personal holiday or annual leave, such absence in excess of 240 hours shall be approved as leave without pay; however, such leave shall be without loss of time or efficiency rating. 

3. The employee must:

Present a copy of the official military orders to their department and Human Resources in order to be granted administrative leave.

4. The supervisor or appropriate administrator must:

a. Submit to HR Attendance & Leave a copy of the military orders. A copy should also be retained by the department.

b. Report the appropriate leave usage on the employee's OMNI timesheet for each workday affected.

 

4-OP-C-7-E1.10 OTHER LEAVES WITHOUT PAY 

OBJECTIVE

This procedure provides guidance for granting of other leaves without pay for USPS and A&P employees.

SPECIFIC AUTHORITY 

FSU Regulation 4.0015 

OVERVIEW

Up to eight (8) weeks of leave without pay may be requested by the employee and approved by the supervisor and department. However, if the leave is for Parental or Family and Medical Leave, reference the Parental Leave and Family and Medical Leave policies.

Any leave without pay beyond eight (8) weeks must be requested in writing, approved by the Department Head/Director and sent to the Chief Human Resources Officer or designee for review and final approval.

An employee may be granted leave without pay for a period not to exceed twelve (12) calendar months, provided the Department deems such leave to be justified and not detrimental to the operation of the Department. Upon written approval by the Chief Human Resource Officer, such leave may be approved beyond twelve (12) calendar months.

An employee shall not be granted salary increases of any type while on leave of absence without pay.

An employee returning from unpaid leave shall receive any increase in the salary range for the class or mandatory pay increases granted during the period of unpaid leave, unless pay implementation instructions provide otherwise. Also, an employee may be considered for discretionary increases.

An employee who is on a leave of absence without pay and is therefore in a non-pay status the entire day before a holiday shall not be eligible to receive payment for the holiday.

An employee shall not accrue annual, sick or personal holiday leave while in leave without pay status.

During approved unpaid leave for parental, foster care, medical, or military reasons, an employee may use accrued leave (intermittently) to continue the contributions to state benefits and other expenses. Accrued leave shall not be used during the leave of absence without pay for other reasons.

NOTE: The leave accrual formula for proportionate accrual rate for less than full time employment (i.e.: less than 100% FTE or LWOP) is: Number of hours in pay status divided by 80 and multiplied by the full-time accrual rate.

PROCEDURES

When the employee requests leave without pay:

1. The employee must: 

a) Give the supervisor reasonable notice, depending upon the circumstances of the leave request.

b) Notify the Benefits Office in Human Resources immediately upon leave without pay approval that exceeds ten (10) consecutive days. The employee will be responsible for continuing payment of the employee’s share of the health and life premiums along with any other benefit premiums.

2. The supervisor or appropriate departmental authority must:

a) Review the request and approve or disapprove as appropriate.

b) If the leave is approved, forward a copy of the employee's approved leave request to the Chief Human Resource Officer.

c) Report the appropriate leave usage on the employee's OMNI timesheet for each workday affected.

d) If the employee is unable to contact the Benefits Office in Human Resources, the supervisor must notify this office as soon as possible.

e) To prevent the employee from receiving a paycheck during the leave without pay period, the department may submit the appropriate personnel action(s) to place the employee on a leave of absence. If this process is used, the appropriate personnel action(s) must also be submitted to return the employee from leave without pay. NOTE: The Office of Faculty Development and Advancement is responsible for procedures that relate to Faculty employees.

 

4-OP-C-7-E1.11 Domestic Violence Leave and Sexual Violence Leave 
 

OBJECTIVE

This procedure provides guidance for the use of leave related to domestic violence involving Faculty, Staff and OPS employees.

SPECIFIC AUTHORITY 

Florida Statutes Section 741.313 

OVERVIEW

Employees shall be granted up to 3 working days of unpaid job protected leave in a 12 month rolling year period measured backward from the date of the request, if the employee or a family or household member of an employee is the victim of domestic violence as defined in Section 741.28, Florida Statutes or is the victim of sexual violence as defined in Section 784.046, Florida Statutes. To be eligible for domestic violence leave, an employee must have at least 3 or more months of employment with Florida State University.

Employees may take a full work day or any portion of a work day off. Taking any portion of a day off will be counted as one of the 3 days to which an employee is entitled for domestic violence leave or sexual violence leave.

"Family or household member" for the purposes of this policy is defined as:

• Spouses 

• Former Spouses 

• Persons related by blood or marriage

• Persons who are presently residing together as if a family, or who have resided together in the past as if a family 

• Persons who are parents of a child in common regardless of whether they have been married

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Leave for domestic violence or sexual violence is unpaid leave. However, if an employee has a balance of annual, sick, personal holiday or compensatory leave, they may substitute accrued leave for leave without pay in order to maintain pay status. Domestic Violence Leave or Sexual Violence Leave may run concurrently with a Family and Medical Leave, if applicable.

Employees utilizing this leave category may do so to:

1. Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;

2. Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual violence; 

3. Obtain services from a victim-services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence or sexual violence; 

4. Make the employee's home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator; or 

5. Seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.

Other situations consistent with outlined federal or state guidelines concerning leave requests for domestic violence or sexual violence will be evaluated on an individual basis.

Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family or household member as defined above, an employee seeking leave from work under this policy must provide to his or her supervisor appropriate advance notice of the leave request. Employees must also provide sufficient documentation for the absence. Such documentation and all other records relating to the leave shall be kept confidential.

Responsibility for record keeping and ensuring compliance with the leave procedures outlined in this policy rests with the employee's supervisor.

NOTE: Domestic Violence Leave or Sexual Violence Leave is not accrued.

PROCEDURE 

Time entry for employees using Domestic Violence Leave or Sexual Violence Leave

Domestic Violence Domestic Violence Leave or Sexual Violence Leave should be recorded in OMNI for time entry purposes by entering an Override Reason Code of DVLVE along with the particular Time Reporting Code being entered for the leave event. For example, if an employee uses Sick Leave while on Domestic Violence Leave in order to remain in pay status, the Sick Leave hours should be reported as appropriate on the OMNI timesheet and the override reason code DVLVE should be entered next to the Time Reporting Code.

III. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY 

The President holds delegated authority from the Board of Trustees to establish personnel policies. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:

Florida Constitution Article IX, Section 7; 

Sections 110.117, 1001.706(6)(a), F.S.; 

Florida Board of Governors Regulation 1.001(2)(e) and (5)(a); 

Florida State University Board of Trustees Regulations FSU-4.001, FSU-4.0015;

Fair Labor Standards Act, 29 U.S. Code Chapter 8.

This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.