Leave and Absence Policy

Effective Date

June 12, 2017

Last Revision Date

March, 2024 

January, 2024  

June, 2023 

Responsible Party

Human Resources

Scope

All Employees 

Purpose 

To describe the types of leave available to eligible employees and outline the required approval and reporting requirements.

Policy Statement

Marymount University (“University”) embraces a healthy work-life balance while recognizing the importance for its employees to have regular and consistent attendance at work. Eligible employees receive paid and unpaid leave in accordance with applicable laws, regulations, and policies. Employees are expected to work on all scheduled workdays and during all scheduled work hours.  

1.0 Definitions

1.1  Annual Leave

Annual leave, also referred to as vacation leave, is accrued leave based on employment category and/or length of service.

1.2  Sick Leave

Paid absence granted to eligible employees who are unable to work because of illness or injury.

1.3  Emergency Employee

Emergency employees include designated staff in the following offices: Campus Safety and Emergency Management, Human Resources, Payroll, Physical Plant, Information Technology, Campus and Residential Services, Library and Learning Services and Student Health Center.

1.3  Part-time and Temporary Employee

An employee whose appointment places their status in the classification of part -time (less than 30 hours per week) or temporary (not to exceed one semester).

1.4  Family Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. Refer to Policy Family and Medical Leave.

1.5  Full-time Teaching Faculty Member

Faculty who work the academic year on a 9- or 10-month schedule.

1.6  Full-time Employee

Employees scheduled to work 30 or more hours per week for five (5) consecutive months or longer.

1.7  Organ Donation Leave

Protected Leave for organ and bone marrow donation.  Refer to Policy Family and Medical Leave.

1.8  Bereavement Leave

Paid leave for eligible employees for the death of an employee’s parent, spouse, child, grandparent, sibling, and mother-in-law or father-in-law. 

1.9  Administrator

A university official who has managerial, budgetary, and decision making responsibilities over a university unit or department as a primary function of the job. Titles include but are not limited to:  President, Vice Presidents, Associate and Assistant Vice President, Deans (Faculty & Administrative), Associate Deans (Faculty & Admin.), University Registrar, some Executive Director and Director titles. Before a new or revised position is designated as holding the status of Administrator, it shall be validated as such by Human Resources. An official University position description should be submitted prior to any reference to the position holding Administrator status.

2.0 Annual Vacation Leave

2.1 Eligibility

2.1.1  A regular non-faculty full-time employee begins to accrue vacation leave immediately upon commencement of active employment at the university. The amount of paid vacation an employee receives is determined by their position classification (staff, administrator, and faculty), continuous employment, and employment status. Each employee’s employment anniversary date shall be used to determine the employee’s vacation accrual rate.

2.1.2  Part-time, Temporary, and Teaching Faculty employees do not accrue annual vacation leave.

2.1.3  If a full-time temporary employee is retained beyond one semester of employment, their status may be converted to full-time regular and accrual of annual vacation leave shall begin from the date of transition.

2.2  Accrual

2.2.1  Vacations shall be taken each year, and employees shall not be compensated for vacation time not taken.

2.2.2  An employee accrues (becomes entitled to) a portion of their annual vacation entitlement every pay period and no employee is to accrue more than the equivalent of one (1) year of vacation entitlement.

2.2.3  An employee may be granted vacation time equal to the number of days already earned to the date such request is made. In no case shall an employee be granted vacation leave in excess of those days that have been earned.

2.2.4  Regular, full-time staff employees accrue annual leave based on the following schedule:

Regular Full-Time Staff Per Pay Period Maximum Accrual
First 2 continuous years 3.69 hours 192 hours
3rd year – 7th year 4.61 hours 240 hours
7th year – 14th year 5.54 hours 288 hours
15 years + 6.46 hours 336 hours

2.2.5  Employees whose position title is classified as “administrator” accrue annual leave per the following: 

Administrator Vacation Accrual Per Pay Period Maximum Accrual
6.46 hours 336 hours

2.2.6  Full-time faculty in Library and Learning Services accrue annual leave per the following:

Full-time Faculty in Library and Learning Services Per Pay Period Maximum Accrual
8 hours 416 hours

2.2.7  Full-time teaching faculty members’ vacations during the academic year coincide with fall, spring, and Christmas recesses and holidays in accordance with the annual academic calendar and do not accrue annual leave.

2.3 Use of Annual Leave

2.3.1  Vacations may be scheduled at any time during the year, with the possible exception of the week prior to and the two weeks following the beginning of the academic year, depending on position responsibilities, at the discretion of the manager. However, they should be scheduled so that interruption in service, vacation replacements and overtime pay may be kept at an absolute minimum. Choice of vacation shall be granted according to departmental need and length of service within a given department. Postponement of vacation to a subsequent year is discouraged.

2.3.2  Annual leave of less than one week must be arranged a minimum one week in advance with the immediate manager in order to be an approved absence. Leave of one week or more must be scheduled and approved at least 30 days before the leave is to begin. Vacation leave may be scheduled by the manager who shall take into account the wishes of the employees and the needs of the department. Where there is a conflict among employees in the choice of vacation time, the conflict shall be resolved in favor of the employee with the greater length of service. The practice of extending vacations by granting unpaid leaves of absence is to be discouraged.

2.4  Other Absences Accrual and Use

2.4.1  A full-time employee shall accrue vacation leave while on paid sick leave that is not determined to be Family/Medical Leave (FMLA) and absence due to a compensable injury. 

2.4.2  Vacation leave is not accrued during unpaid Leaves of Absence e.g. FMLA, maternity, military, personal, educational and other unpaid Leaves of Absence. However, when taking intermittent paid FMLA the employee will accrue annual and sick leave.

2.5  Promotion or Transfer

2.5.1  An employee who is promoted or transferred into a position with a greater annual leave entitlement shall have their leave accrued on the basis of the entitlement for their new position effective the date of such promotion or transfer.

2.5.2  Employees transferred or promoted from one department to another will carry all existing Vacation leave balances with them to their new departments. Any department accepting an employee on a promotion or transfer basis shall assume budgeting responsibility for all vacation time owed that employee.

2.6  Separation

Employees separated from employment are entitled to vacation time earned and unused up to a payout cap of 80 hours. 

3.0  Bereavement Leave

3.1  Eligibility

3.1.1  Full-time employees are eligible for paid Bereavement Leave after thirty (30) calendar days of employment.

3.1.2  An employee out on annual, sick leave, FMLA, or other leave is not eligible for  Bereavement Leave.

3.1.3 Part-time and Temporary Employees are eligible for unpaid Bereavement Leave.

3.2  Full-Time Employee

An employee shall be granted a paid Bereavement Leave of three (3) working days in the event of a death of the employee’s parent, spouse, child, including adopted and step-child, grandparent, sibling, and mother-in-law or father-in-law or legal guardian. If additional time is required for settlement of an estate, up to three days may be charged to sick leave or annual leave, or in emergencies, leave without pay may be requested. Such time shall be taken consecutively within a reasonable time of the day of death or day of burial.

3.3  Part-Time and Temporary Employees

A part-time or temporary employee shall be granted unpaid time off for Bereavement leave in the same manner as regular full-time and part-time employees respectively. 

3.4  Rate of Pay

A full-time employee shall be paid Bereavement Leave at his/her regular rate of pay. 

3.5  Proof of Death

A department head may require an employee to furnish acceptable proof that the absence is due to a bona fide death in the employee’s family. Such proof must be furnished within a reasonable time of the date of notice of death, and verify the relationship of the employee to the deceased, and may include but is not limited to, the following:

  1. Obituary notice
  2. Mass Card
  3. Statement from funeral home
  4. Copy of the relative’s death certificate

4.0  Election Leave

The University will make reasonable efforts to accommodate an employee’s need for leave to vote where voting cannot be done outside the employee’s usual work hours.

5.0  Faculty Development Leave 

5.1  Without pay

Faculty development leaves of absence without pay may be granted at the discretion of the University, normally for a period of one year. During this time, the University will pay the employee’s premium for any health insurance the faculty member is enrolled in at the time he/she made an application for such leave.

6.0  Floating Holiday 

Regular full-Time Staff  employees earn 16 hours of floating holiday annually and may be used in lieu of annual or sick leave.   New employees hired after July 1 will receive 8 hours of floating holiday in the first calendar year.  Floating Holidays cannot be carried over year to year, and the maximum accrual is 16 hours.  Unused Floating Holiday hours are not paid out at time of separation. 

7.0  Holidays

Regular full-time employees are eligible for paid holidays and receive compensation as if they actually worked. Holiday pay is calculated based on the employee’s standard scheduled hours worked.

7.1  Recognized Holidays

The following holidays are recognized by Marymount University:

  • New Year’s Day (January 1)
  • Martin Luther King Jr. (third Monday in January)
  • Good Friday
  • Memorial Day (last Monday in May)
  • Juneteenth (June 19)
  • Independence Day (July 4)
  • Labor Day (first Monday in September)
  • Veterans Day (November 11)
  • Thanksgiving Day (fourth Thursday in November)
  • The Day After Thanksgiving (Friday)
  • Christmas Eve (December 24)
  • Christmas Day (December 25) 
  • Winter Break (December 26 through New Year’s Eve Day (December 31)

7.2  Holidays Falling On Weekends

When a holiday falls on a Saturday, the preceding Friday is recognized as a holiday. When a holiday falls on a Sunday, the following Monday is recognized as a holiday.

7.3  Guidelines for Holiday Pay

  1. An employee must receive wages or salary or be on paid leave for the workday immediately preceding and/or immediately following the holiday, or be on approved FMLA leave to receive the holiday benefit.
  2. At the discretion of the employee’s supervisor, an employee working a flexible schedule may be required to return to a regular schedule during a holiday week, or otherwise adjust their schedule to keep their paid hours to a maximum of forty (40) hours in any one University work week.
  3. A supervisor may adjust an employee’s work schedule within the same University work week to ensure internal consistency. If an employee’s work schedule is not adjusted, and the employee’s regularly-scheduled hours exceed the paid holiday hours, the employee has the following options:
    • Use accrued vacation;
    • Take leave without pay; and/or
    • Work additional hours within the same work week with their supervisor’s prior approval.

7.4  Working on a Holiday – Non-Exempt Employees

Time worked on a holiday is considered overtime. Overtime-Eligible employees who are required to work on the actual or observed holiday will receive their regular compensation at the rate of one and one-half (1 ½) times their regular hourly rate of pay for each hour worked.

7.5   Working on a Holiday – Exempt Employees

An employee who is not eligible for overtime but who works on a designated holiday will receive their regular compensation for the work week.  If feasible, the employee’s work schedule may be changed to receive another day off within the week, i.e., if the holiday is on a Friday and the employee needs to work, the supervisor would adjust the schedule for the employee to take Monday of that week off as the holiday.  The exempt employee is still paid their regular compensation of 40 hours per week.

7.6  Holidays during FMLA Leave Without Pay

If an employee records all hours for a week as FMLA “Leave without Pay,” no hours will be coded on a holiday that falls during that week. Therefore, the holiday hours will not be deducted from the employee’s allowed FMLA Leave.

8.0 Inclement Weather Absence

8.1  University Closed 

8.1.1  All non-exempt hourly essential employees who work during a Closure or Delay will be paid for hours worked at 1.5 times regular rate.  Employees enter hours worked using the time code of “Inclement Weather Worked.”  

8.2  University Offices Open  

8.2.1  Employees who work in non-critical business areas who need to take annual leave or leave without pay should notify their supervisor as quickly as possible via telephone or email. Whenever possible, the supervisor should be flexible and understanding with the employee’s request. These decisions should be made on an individual basis, taking into consideration the employee’s specific situation and the business needs of their division.  

8.3  Absences and Pay Due to Closure or Delay   

8.3.1  When a Delay has been announced that specifically includes business operations, employees in non-critical areas will be expected to report to work at the delayed start time indicated by the University’s Announcement specified in Section VIII (B)(2) of the Inclement Weather Policy.

  1. If a Closure or Delay is announced that includes business operations and not Remote Operations as described in Section VIII (G) of the Inclement Weather Policy, directors should advise all employees in non-critical business areas to leave work early or not come into work. Non-Exempt Hourly employees should record this time as “Inclement Weather Time Off.”  
  1. Employees absent due to previously-approved sick or vacation leave or who are on a shift assignment not affected by the Delay or Closure are ineligible for “Inclement Weather Time Off” as a result of the Closure or Delay.  
  1. After a Closure, employees are expected to return to their regularly-scheduled shift or work schedule beginning the following business day, unless otherwise specified in an Announcement or email from the employee’s supervisor.  
  1. Employees on shift assignments should review the online Marymount homepage two (2) hours before the start of their shift to see if the University has reopened following a Closure.  

9.0  Jury Duty Leave

The University encourages all employees to be civically engaged in their community and appreciates that such civic engagement may require an employee to appear in court or serve on a jury. Part-time or Non-Benefit Eligible employees also qualify for time away from work court or jury service, but the hours coded shall be prorated depending on the employee’s normal work schedule.

9.1 Exemptions from Jury Duty

The University shall request exemptions from jury duty for an employee who cannot be excused from work due to departmental needs and scheduling.

  1. A department head wishing to request such an exemption for an employee called to serve as a juror shall send such employee to Human Resources with his/her summons.
  2. Human Resources shall generate a letter requesting the exemption to the appropriate court system.
  3. The employee shall be entitled to up to three (3) hours off, if necessary, at their regular rate of pay to secure the exemption.

9.2  Rate of Pay

A full-time employee shall be paid at their regular rate of pay for all time off granted as Jury Duty Leave in accordance with the following:

  1. A non-exempt employee on a Monday through Friday work schedule who performs weekend work shall be paid at an overtime rate for such weekend work in addition to receiving their regular pay.
  2. An employee on a weekend work schedule with mid-week days off shall not be required to work the scheduled weekend. If this employee chooses to work the scheduled weekend, they shall be paid at his/her regular rate of pay for such hours worked.

9.3  Reimbursement for Jury Duty Leave

9.3.1  In order for jury duty leave to be approved and paid, the employee must present a copy of a subpoena, jury certificate, or court order upon receipt, well in advance of the leave period to their manager and the Payroll department. 

9.3.2  Employees do not need to return court compensation to the University.

10.0  Military Leave 

  1. The University is covered under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and complies with all USERRA requirements and related federal and State military leave requirements.
  2. An employee who is a member of the Uniformed Services as defined by the USERRA, including but not limited to, the U.S. Armed Forces or the National Guard, and receives federal military orders requiring them to be absent from work is entitled to paid military leave.
  3. Military leave with pay will be authorized when the employee submits a copy of their federal orders from the appropriate military jurisdiction which sets forth the dates of required military service. Each period of absence must be supported by orders or other documentation on file in the employee’s military unit headquarters.

10.1  Amount of Leave

Regardless of whether the employee works full-time or part-time, the employee is entitled to one hundred twenty (120) hours of paid military leave in a calendar year.

10.2  Use of Other Accrued Leave

After the one hundred twenty (120) hours of paid military leave, an employee may elect to use vacation/annual leave or compensatory time off during the deployment period. The employee must provide a written request to their supervisor prior to the use of such leave.

10.3  Benefits for Employees

  1. An employee who is a member of the U.S Armed Forces or the National Guard who is called to federal active duty will receive regular employee benefits for thirty (30) calendar days after departure.
  2. The University will pay for the State’s portion of the medical plan premiums during those thirty (30) calendar days. The employee is responsible for the employee portion. An employee called for federal active duty will, upon their return to State employment, receive credited state service hours for their regularly scheduled hours they missed while on federal active duty.

10.4  Flexible Leave

An employee in a reserve program often has an option on dates for annual training exercises. The University may request the employee to select dates which will least interfere with the University’s workload and staffing needs. If the employee has a choice on dates, it will be the employee’s responsibility to discuss those dates in advance with their supervisor.

10.5 Return from Leave

Any probationary, provisional, or permanent employee who voluntarily, or upon demand, leaves a position to enter prolonged federal active duty with the military will be placed in a comparable position for which the employee meets the minimum qualifications upon their return from such leave. A copy of the orders is required to take military leave, and a copy of the discharge papers is required upon returning from said leave. The orders and discharge papers should be submitted to Human Resources.

11.0  Sick Leave

11.1  Eligibility

Sick leave is paid absence granted to eligible Staff employees who are unable to work because of illness or injury either on or off the job and who need time off from work for treatment and/or recuperation. Sick leave will not be approved for personal or other reasons of convenience.  

11.1.1  Full-time employees are eligible to receive paid sick leave benefits effective on the first day of the month after completion of one (1) month of continuous active employment. 

11.1.2  To be eligible for any sick leave entitlement, an employee must not already be out on annual leave, FMLA, or other leave.

11.1.3 Part-time and Temporary Employees are not eligible to receive paid sick leave benefits.

11.1.4  Full-time Teaching Faculty are not eligible for sick leave benefits.

11.2  Accrual

11.2.1  Full-time Staff employees accrue sick leave starting from the date of hire as below:

Regular Full-Time Staff Per Pay Period Cap
3.69 hours 480 hours

11.2.2  An employee earns sick leave while on paid leave.

11.2.2  Sick leave may be accrued from year to year. However, an employee shall not accrue more than 480 hours or 60 days of sick leave, to include those sick leave days earned or to be earned in the current anniversary year. An employee shall not continue to accrue sick leave benefits while on an unpaid leave of absence.

11.3  Use of Sick Leave

11.3.1  Acceptable Use of Sick Leave and Required Notification

  1. An employee must meet the eligibility criteria under this section to use sick leave.
  2. Employees are expected to notify the manager of their absence at least one (1) hour prior to the start of the work day if the department is open at that time or within fifteen (15) minutes of the scheduled starting time if the department has not been open earlier than the employee’s starting time.
  3. University employees are expected to report to work as scheduled or be on one of the University’s approved leaves of absence.
  4. Sick leave may only be used in cases of the employee’s actual illness or disability or other medical or health reasons necessitating the employee’s absence from work; or to attend to a family member’s medical appointments, serious illness, disability, or death and funeral in the family; or due to inclement weather. Family means a spouse, child, foster child, parent, sibling, grandparent, or grandchild, including the same relation by marriage or legal guardianship.
  5. Other medical or health reasons include Employee Assistance Program (EAP) appointments, visits to doctors, dentists, and other medical providers.
  6. An employee who knows in advance they will be absent from work for medical reasons must provide their supervisor with as much notice as possible, preferably at least forty-eight (48) hours prior to taking sick leave. If an emergency or sudden illness prevents the advance notification, the employee must notify their supervisor as soon as possible.
  7. An employee who uses sick leave for reasons that qualify for job-protected leave under the Family and Medical Leave Act (FMLA) must comply with the FMLA’s procedural requirements addressed in University Policy Family and Medical Leave.
  8. An employee who is eligible for Workers’ Compensation benefits may use accrued sick leave to supplement the Workers’ Compensation benefits.

11.3.2  Limitations on Use of Sick Leave

  1. Sick leave cannot be taken in the same pay period in which it is earned.
  2. Sick leave cannot be used for time off due to adoption or foster care placement unless the child has a medical condition requiring care.
  3. Sick leave cannot be used in lieu of vacation leave. 
  4. Sick leave may not be utilized if it will result in pay in excess of the employee’s normally scheduled work week. 
  5. Sick leave may not be used on the last day of work.

11.3.3  Appropriate Use of Sick Leave

  1. Patterns of absences or excessive absences can negatively impact an employee’s performance and the University’s services. A predictable and reliable level of attendance is an expectation of University employees. Abuse of sick leave and/or taking sick leave under false pretenses is a violation of this and other University policies.
  2. Potential indicators of sick leave abuse include but are not limited to frequent or regular sick leave absences, having little or no sick leave accrued, and patterns of use. The employee’s supervisor is responsible for monitoring employee sick leave use and addressing potential abuse situations. A supervisor who suspects an employee is abusing sick leave should contact Human Resources for consultation.
  3. Consistent with the provisions of the Americans with Disabilities Act and the Family and Medical Leave Act, the University may investigate suspected sick leave abuse and take appropriate action.
  4. When sick leave abuse is suspected, or when an employee is absent due to illness or injury in excess of three (3) consecutive working days (outside of an approved FMLA absence or ADA accommodation), a healthcare provider’s certificate of justifiable cause for the absence may be required from the employee. A healthcare provider’s certification of illness or injury may be required of an employee for periods of less than three (3) consecutive working days whenever the University believes special investigation of the absence should be made. The healthcare provider’s note should be delivered to Human Resources. 
  5. Taking sick leave and working at another job during the assigned work schedule is a violation of this policy.

11.4  Faculty Leave for Illness and Maternity

For cases of illness, non-work related injury, or maternity resulting in an absence, the full salary of the faculty member will continue for one (1)  month following the date on which the illness, non-work related injury, or maternity required time off.