Leave Without Pay (G/P)

Guideline/Procedure
4.0503.05.1
Effective date: 04/05/17

In certain situations, employees may request time off without pay or be granted time off without pay in accordance with state or federal law. When approved or authorized for a leave without pay, the employee shall be reinstated in their original position or an equivalent position if the original position is no longer available, provided they return immediately after the leave without pay period ends.

If an employee fails to return to work when the leave without pay period is exhausted, the College has no further obligation to hold the employee’s position open and the employee may be terminated.

If an employee is on a leave without pay when a College-wide pay increase goes into effect, upon returning from the leave without pay, the employee will receive the pay increase they would have been eligible to receive if they had not been on leave without pay, effective on the date they return to work.

All approved requests for any of the following leaves without pay or early return from such leaves must be submitted to HR Benefits office in a timely manner for processing.

Leave Without Pay: An employee may, with the approval of the Executive Vice President or highest level administrator, be granted a Leave Without Pay, for a continuous period not to exceed two years.

To request a leave without pay, an employee shall send a memorandum to their immediate supervisor indicating the reason for the leave, the expected duration of the leave and the expected date of return. The supervisor must submit the request through their next level supervisor(s) to the Executive Vice President or highest level administrator for approval.

An employee must return to employment at the end of the approved leave without pay or their employment will be terminated. If the employee wishes to return early from the leave without pay, the employee must submit such request in writing in advance (generally 30 days) for consideration and approval by the highest level administrator.

Educational Leave Without Pay: An employee may, with the approval of the Executive Vice President or highest level administrator, be granted an Educational Leave Without Pay, for a continuous period not to exceed two years.

To request educational leave without pay, an employee shall send a memorandum to the immediate supervisor indicating the reason for the educational leave, the expected duration of the leave and the expected date of return. The supervisor must submit the request through the next level supervisor(s) to the Executive Vice President or highest level administrator for approval.

An employee must return to employment at the end of the approved educational leave or their employment will be terminated. If the employee wishes to return early from the educational leave without pay, the employee must submit such request in writing in advance (generally 30 days) for consideration and approval by the highest level administrator.

Family and Medical Leave Act (FMLA) Without Pay: FMLA Without Pay is to be used when an employee does not have accrued leave to use while on FMLA. The employee shall not accrue leave and may not use leave while in a leave without pay status. The employee’s insurance coverage shall remain in effect for the duration of the FMLA. The employee is responsible for any employee paid insurance deductions while on FMLA leave without pay.

Military Leave Without Pay: An employee who is drafted or otherwise called to active duty shall be granted military leave without pay for the duration of the military duty. The employee must provide the immediate supervisor with a copy of the Official military orders. The supervisor must submit a copy of the orders to the HR Benefits office so the military leave can be placed in the employee’s records. Notification of intent to return must be made in accordance with USERRA and within 60 days following the discharge from military service. Such leave shall not be considered a break in service.

Workers’ Compensation Disability Leave Without Pay: If an employee is disabled due to a certified work-related injury or illness and elects to receive Workers’ Compensation Insurance (WCI) benefits rather than using paid leave, the employee will be placed on FMLA leave, if eligible. If an employee who is receiving WCI benefits is not eligible for FMLA, then they will be placed on Workers’ Compensation Disability Leave Without Pay. In either case, the employee will not accrue leave and may not use accrued leave while in leave without pay status.

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