Chapter VIII: Attendance and Leave

Calendar Year Employee
A calendar year employee is any member of the professional staff having a 12-month professional obligation.
Academic Year Employee
An academic year employee is any member of the professional staff having an academic
year professional obligation.
College Year Employee
A college year employee is any member of the professional staff, other than an
academic year employee, having an annual professional obligation of less than 12
months.

Calendar Year Employees and College Year Employees

Accrual Of Vacation Leave Credits

Managerial/Confidential Employees (M/C)
1. Full-time calendar year and college year employees shall be eligible to accrue credits for vacation leave at the rate of one and three-quarter days a month for each month or major fraction thereof during the term of their professional obligation. Part-time calendar year and college year employees shall be eligible to accrue credits on a pro rata basis.
2. To accrue credits for vacation leave during each month, eligible full-time employees must be in full-pay status for such month, or major fraction thereof; eligible part-time employees must be in pay status consistent with their part-time service for such month, or major fraction thereof.

Employees In The Professional Services Negotiating Unit (UUP)

Full-Time Employees Hired Prior To July 1, 1982
Full-time calendar year and college year employees shall be eligible to accrue credits for vacation leave at the rate of one and three-quarters days a month for each month or major fraction thereof during the term of their professional obligation. To accrue credits for vacation leave during each month, eligible full-time employees must be in full-pay status for such month, or major fraction thereof.

Full-Time Employees Hired On Or After July 1, 1982
Commencing December 1, 1982 calendar year and college year employees who serve on a full-time basis and are appointed effective on or after July 1, 1982, shall be eligible to accrue credits for vacation leave for each month or major fraction thereof during the term of their professional obligation as follows:

Years of Service	Vacation Leave Accrual Rate
0-1	1 1/4 days a month (15 days)
2	1 1/3 days a month (16 days)
3-5	1 1/2 days a month (18 days)
6	1 2/3 days a month (20 days)
7	1 3/4 days a month (21 days)

To accrue credits for vacation leave during each month, eligible full-time employees must be in full-pay status for a month, or major fraction thereof.

Part-Time Calendar Year and College Year Employees
Part-time calendar year and college year employees shall be eligible to accrue credits for vacation leave as follows:

Salary/Appt % (7/1/20- 6/30/21) Days Earned

Up to $14,914/
.20 to <.40 FTE 1/4 day per month

$14,915 to $22,503/

.40 to <.60 FTE
1/2 day per month

$22,504 to $30,088/
.60 to < .80 FTE 1 day per month

$30,089 or higher/
.80 to <1.00 FTE 1 1/4 day per month

To accrue credits for vacation leave during each month, eligible part time employees must be in pay status consistent with their part time service for such month, or major fraction thereof.

Maximum Accumulation

Managerial/Confidential Employees (M/C)
Accumulation of vacation leave credits for full-time employees may exceed 40 days within any calendar year provided, however, such accumulations shall not exceed 40 days as of the first day of any calendar year. In the case of part-time employees who accrue vacation leave credits on a pro rata basis, the maximum accumulation shall also be determined on a pro rata basis.

Employees In The Professional Services Negotiating Unit (UUP)
Accumulation of vacation leave credits for full-time employees may exceed 40 days within any calendar year provided, however, such accumulations shall not exceed 40 days as of the first day of any calendar year. In the case of part-time employees who accrue vacation leave credits on a pro rata basis, the maximum accumulation shall also be determined on a pro rata basis.

Compensation for Unused Vacation Leave Credit
In the event of death, retirement, resignation or other non-disciplinary separation from University service, or change of the period of professional obligation from calendar year or college year to academic year, an employee (M/C and UUP Represented) shall be compensated for such accumulated and unused vacation leave credits not to exceed a maximum of 30 days. Such payment to be computed on the basis of the basic annual salary otherwise payable. In the case of death while in service, such payment shall be made to the deceased employee's estate or as provided pursuant to the Estates, Powers and Trusts Law. No payment pursuant to this subdivision shall be made if the employee moves to a position in another State agency which is covered by the Attendance Rules for employees in the State classified service.

Authorization for Use
Vacation shall be taken at such times as shall be approved by the College President (or designee). Where the College President (or designee) denies an employee's request for vacation the employee, upon his/her request, shall be given the reasons for such denial in writing.

Charges to Vacation Leave Credits
When an employee is on vacation (s)he shall not be required to charge vacation leave for any day upon which (s)he would not have been required to be available to work had (s)he not been on vacation.

Academic Year Employees and Casual Employees
1. Accrual Of Vacation Leave Credits
  Academic year employees and casual employees (regardless of type of professional obligation) are not eligible to accrue credit for vacation leave and shall not be granted any such leave.

Accrual of Sick Leave Credits

Managerial/Confidential Employees (M/C)
Full-time employees shall be eligible to accrue credits for sick leave at the rate of one and three-quarters days a month for each month, or major fraction thereof, during the term of their professional obligation. Part-time employees shall be eligible to accrue such credits on a pro rata basis. To accrue credit for sick leave during each month, full-time employees must be in full pay status for such month or major fraction thereof; eligible part-time employees must be in pay status consistent with their part-time service for such month or fraction thereof.

Employees In The Professional Services Negotiating Unit (UUP)

Full-Time Employees Hired Prior To July 1, 1982
Full-time employees shall be eligible to accrue credits for sick leave at the rate of one and three-quarters days a month for each month, or major fraction thereof, during the term of their professional obligation. To accrue credit for sick leave during each month, full-time employees must be in full-pay status for such month or major fraction thereof.
Full-Time Employees Hired On Or After July 1, 1982 Commencing December 1, 1982 employees who serve on a full-time basis and are appointed effective on or after July 1, 1982, shall be eligible to accrue credits for sick leave each month, or major fraction thereof, during the term of their professional obligation as follows: To accrue credits for sick leave during each month, full-time employees must be in full pay status for such month or major fraction thereof.

Part-Time Employees
Part-time employees shall be eligible to accrue credits for sick leave as follows:

Years of Service	Sick Leave Accrual Rate
0-1	1 1/4 days a month (15 days)
2	1 1/3 days a month (16 days)
3-5	1 1/2 days a month (18 days)
6	1 2/3 days a month (20 days)
7	1 3/4 days a month (21 days)

To accrue credit for such leave during each month, eligible part-time employees must be in pay status consistent with their part-time service for such month or major fraction thereof.

Other Sick Leave Credits
Upon appointment to a position in the unclassified service, an employee shall be credited with any sick leave credits accrued pursuant to the Attendance Rules for the classified service.

Academic Employees who Teach:	Receive:
1 course	1/4 day per month
2 courses	1/2 day per month
3 courses	1 day per month

Professional Employees Salary/Appt % (7/1/20- 6/30/21)	Days Earned
Up to $14,914/ .20 to <.40 FTE	1/4 day per month
$14,915 to $22,503/ .40 to <.60 FTE	1/2 day per month
$22,504 to $30,088/ .60 to < .80 FTE	1 day per month
$30,089 or higher/ .80 to <1.00 FTE	1 1/4 day per month

Maximum Accumulation
1. Managerial/Confidential Employees (M/C)
  Accumulation of sick leave credits for full-time employees shall not exceed 200 days. In the case of part-time employees who accrue sick leave on a pro rata basis, the maximum accumulation shall also be determined on a pro rata basis.
2. Employees In The Professional Services Negotiating Unit (UUP)
  Accumulation of sick leave credits shall not exceed 200 days.
Authorization for Use
1. Under authorization for use of sick leave credits "temporary disability" shall be defined as any temporary mental or physical impairment of health, including such an impairment resulting from pregnancy, which disables an employee from the full performance of duty.
2. The College President shall permit employees who are unable to perform their duties because of claimed temporary disability to use any and all sick leave credits which they have accumulated pursuant to 1 and 2 above.
3. The College President may at any time require an employee to furnish suitable medical evidence from the employee's physician to substantiate a claimed temporary disability. In the absence of such suitable medical evidence, the College President may require an employee to be examined by a physician selected by the College at its expense. In the event medical evidence does not substantiate a claimed temporary disability, use of sick leave credits shall be disallowed and the employee shall be placed on leave without pay.
4. Subject to prior approval of the College President an employee shall be allowed to use up to a maximum of thirty days of sick leave accumulated pursuant to 1 and 2 above for absences from work necessitated by a death or illness in the employee's immediate family. The College President's approval of requests for sick leave or purposes described in this paragraph shall not be unreasonably withheld.
5. The College President may require an employee who has been absent due to a temporary disability, prior to and as a condition of his/her return to work, to be examined, at the expense of the College, by a Physician selected by the College, to establish that he/she is no longer disabled and that his/her return to work will not jeopardize the health of other employees. Such examination may not be regularly required.
6. Subject to prior approval of the College President, an employee certified as visually handicapped by the New York State Commission for the Blind and Visually Handicapped shall be allowed to use, up to a maximum of 26 days in any one calendar year, sick leave accumulated pursuant to 1 and 2 above for the purpose of obtaining a guide dog and required training related thereto. Upon written request, the College President also may in his/her discretion, advance up to 26 days of sick leave for the purposes described in this paragraph to such certified employee who has exhausted accumulated leave credits, provided the cumulative total of sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to an employee under the provisions of this paragraph shall not at any time exceed a total of 26 days. The College President's approval of requests for sick leave for purposes described in this paragraph shall not be unreasonably withheld.
Additional Sick Leave
1. The College President may grant an employee sick leave in addition to that provided by 1 and 2 above. Such additional sick leave may be at full salary, or such part thereof as the College President may determine, or without salary. Additional sick leave at full or partial salary, together with use of any sick leave provided by 1 and 2 above, shall not exceed a total of six calendar months. Additional sick leave at full or partial salary pursuant to this paragraph shall not be approved until all sick leave credits accumulated pursuant to 1 and 2 above have been exhausted.
2. The Chancellor, after receiving the recommendation of the College President, may grant an employee sick leave in addition to that provided by paragraph a) of this section. Such additional sick leave may be at full salary or such part thereof as the Chancellor may determine, or without salary.
3. Prior to being granted additional sick leave provided by this section an employee may be required to furnish such medical evidence from his/her physician as may be requested or submit to medical examination by a physician selected by the College or University at its expense.
Charges to Sick Leave Credits
When an employee is on sick leave, (s)he shall not be required to charge sick leave credit for any day upon which (s)he would not have been required to be available to work had (s)he not been on sick leave.
Leave for Breast Cancer Screening
Legislation enacted in August 2002 (Chapter 362, Laws of 2002) amended the Civil Service Law to entitle employees to take up to four hours of paid leave annually for screening for breast cancer. The benefit is available to both male and female employees. Every public employee shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from his or her duties or service as such public employee of this state, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for breast cancer.
Leave for Prostate Cancer Screening
Legislation enacted in July 2004 (Chapter 237, Laws of 2004) amended the Civil Service Law to entitle employees to take up to four hours of paid leave annually for screening for prostate cancer. Every public employee shall be entitled to absent themselves and shall be deemed to have a leave of absence from their duties or service as such public employee of this state, for a sufficient period of time, not to exceed four hours on an annual basis, to undertake a screening for prostate cancer.
Bone Marrow/Organ Donor Leave
Legislation enacted August 2001 (Chapter 214 of the Laws of 2001) amends the New York State Labor Law to authorize leave with pay without charge to accruals for State employees who are either bone marrow donors or organ donors. There is no requirement that employees be subject to the Attendance Rules in order to be eligible for this benefit. Specifically Section 202-b of the Labor Law provides that any employee of the State of New York shall be allowed up to 7 workdays of paid leave to undergo a medical procedure to donate bone marrow and up to 30 workdays of paid leave to serve as an organ donor. An employee is required to give at least 14 days prior written notice to the appointing authority of his/her intention to use leave under this section, unless there is a medical emergency attested to by a physician that would require the employee to undergo the medical procedure for which leave is sought within that 14-day notification period. This leave is available each time an employee serves as a bone marrow or organ donor and is in addition to any other leave allowed. Under this provision, employees are eligible for paid leave without charge to accruals, for either full or partial days, while serving as either a bone marrow donor or an organ donor or recovering from the procedures involved. The leave with pay without charge to accruals includes any necessary travel time, as well as any medical testing or other procedures to determine bone marrow or organ donation compatibility.
Leave for Blood Donation
Legislation enacted in 2008 (Section 202 of the NYS Labor Law) authorizes leave for blood donation. All employees are entitled to either one three hour unpaid leave per calendar year for off-premises blood donation or paid leave two times per year to donate blood at a blood drive at the place of employment or at a time and place set by the employer. Reasonable notice of the need for the leave for this purpose is required.

Holiday Leave for Managerial/Confidential Employees (M/C)
1. A calendar year or college year M/C employee shall be eligible to observe the following days prescribed by law as holidays: New Year’s Day, Martin Luther King, Jr. Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veteran’s Day, Thanksgiving Day and Christmas Day.
2. Lincoln’s Birthday and Election Day have been designated as floating holidays. State officers will be open on Lincoln’s Birthday and Election Day and M/C employees who are eligible to observe the holiday and who work on Lincoln’s Birthday or Election Day will receive credit for one holiday (compensatory day off) to be used on a date of their choice subject to supervisory approval, in advance based upon the operating needs of the College and must be used in a full day unit within one year of the date on which it was accrued.
3. An M/C employee who is eligible to observe holidays shall be granted a compensatory day off when any holiday specified in a) above falls on Saturday.
4. An M/C employee who is eligible to observe holidays who is required to work on a holiday shall be granted a compensatory day off.
5. Compensatory days off shall be used at times mutually convenient to the M/C employee and the College within one year (except as noted in b) above for Lincoln’s Birthday and Election Day) from the day they are granted.
Holiday Leave For Employees In The Professional Services Negotiating Unit (UUP)
1. A calendar year or college year UUP represented employee shall be eligible to observe the following days prescribed by law as holidays: New Year’s Day, Martin Luther King, Jr. Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Election Day, Thanksgiving Day and Christmas Day.
2. The College President may designate two holidays as floating holidays in lieu of two holidays set forth in a) above. The College President may designate an alternate date upon which one of the holidays is designated, the employees may select a date on which to observe the second holiday, with approval of the employee’s supervisor and consistent with the operating needs of the campus. The UUP represented employee must observe such second holiday before the beginning of the next academic year. The College President’s designation shall be announced in September of the academic year.
3. A UUP represented employee who is eligible to observe holidays shall be granted a compensatory day off when any holiday specified in a) above falls on a Saturday or a pass day.
4. A UUP represented employee who is eligible to observe holidays who is required to work on a holiday shall be granted a compensatory day off.
5. Compensatory days off shall be used at times mutually convenient to the UUP represented employee and the College within one year from the day they are granted.

There are three types of compensatory time which affect managerial/confidential and
professional employees.

Holiday Compensation Time
An employee who is eligible to observe holidays is entitled to a compensatory day off when the holiday falls on a Saturday, Sunday, or a pass day when or (s)he must work on the holiday. Compensatory time will be lost if it is not used within one year. Supervisors should make every effort to ensure that the employee is afforded the opportunity to schedule the compensatory time off within the one-year period.
Compensatory Time Under The Fair Labor Standars Act (FLSA) - Non- Exempt Employees
Only employees who have been designated non-exempt under the FLSA are eligible for compensatory time off at a rate of time-and-one-half for work in the excess of forty (40) hours per week and, after accruing 240 hours of compensatory time off, are entitled to a cash payment of overtime at a rate of time-and-one-half. Normally, overtime must be authorized in advance by the supervisory or designated administrator. Such compensatory time may be used with the approval of the employee’s supervisor. There are no time limits regarding the scheduling or use of the compensatory hours earned. If, when leaving State service, the employee has a balance of FLSA compensatory time, the accumulated time must be paid in cash, and at the current rate of pay.
Compensatory Time For Exempt Employees
Compensatory time is accorded those employees who are exempt from the FLSA and whose service exceeds their normal professional obligation. It should be noted that this situation arises when the work performed does not fall within the definition of extra services. The basic concept is to provide the campus professional obligation on a given day by allowing the employee to be absent from the work location for some period of time at a later date without charge to accruals.

There are several principles to keep in mind when administering Compensatory Time.

First, the benefit applies to only required service above and beyond the normal professional obligation. Article XI, Title H.2 of the Policies of the Board of Trustees provides a general definition of professional obligation. This definition allows great variability. Each employee’s professional obligation will vary, depending upon the client base to be served, the specific assignments give, the performance program, and any cyclical aspects of the employee’s job such as registration, the start of classes, athletic events and the like. Normal duties will often include some weekend and evening activities, so work during those times is not invariably beyond the normal professional obligation.

Second, prior approval must be obtained for an employee to be eligible to accrue and use Compensatory Time.

Third, non-holiday compensatory time is distinctly different from other types of leave in that it is not usually reported, recorded or administered on a centralized basis; and is not accrued at a specific rate. The entire transaction occurs between the employee and the immediate supervisor without notation on overall performance of professional obligation.

Compensatory time is not subject to accumulation in the same way that vacation is. Therefore, when an employee leaves State service, there is no payment for this type of compensatory time.

Purpose
Sabbatical leave represents the largest investment, which SUNY Potsdam can make in individual faculty development programs. The College, seeking to advance its tradition of excellence, supports, in line with Trustee policy, a program of sabbatical leaves based on the worthwhile nature of the proposal and the capacity of the candidate to carry it out. Such an emphasis brings the attention of the faculty to the goal of excellence in both personal and institutional achievement. The College also seeks to support projects, which will, either directly or indirectly, maintain and improve the quality of teaching and other services to students.
Policies of the Board of Trustees
1. Policy
  Sabbatical leaves for professional development may be made available to members of the professional staff who meet the requirements set forth below. The objective of such leave is to increase an employee’s value to the University and thereby improve and enrich its program. Such leave shall not be regarded as a reward for service nor as a vacation or rest period occurring automatically at stated intervals.
2. Purpose
  Sabbatical leaves shall be granted for planned travel, study, formal education, research, writing or other experience of professional value.
3. Eligibility
  Academic employees having continuing appointments and college administrative officers not in a negotiating unit established pursuant to Article XIV of the Civil Service Law who have completed at least six consecutive years of service within the University or who, if they previously have had a sabbatical leave, have completed at least six years of service within the University from the date of return from their last sabbatical leave, shall be eligible for sabbatical leave. In computing consecutive years of service for the purpose of this section, periods of vacation leave and periods of sick leave with salary shall be included; periods of leaves of absences, other than vacation and sick leave with salary, and periods of part-time service shall not be included but shall not be deemed an interruption of otherwise consecutive service.
4. Terms and Conditions
  Sabbatical leaves may be granted for periods of one year at rates not to exceed full basic annual salary. Eligible employees on sabbatical leave may, with the prior approval of the College President, accept fellowships, grants-in-aid, or earned income to assist in accomplishing the purposes of their leaves. In such cases, the chief administrative officer may adjust the sabbatical leave salaries to reflect such income, either prior to or during the periods of such leaves, provided, however, that in no case shall sabbatical leave salary be reduced if total earnings are less than full salary.
5. Applications
  Applications for sabbatical leaves shall be submitted to the College President as far in advance as possible of the requested effective date of the leave, but in no event later than six months in advance of such date unless such requirement is expressly waived by the College President. Each application should include a statement outlining the program while on sabbatical leave, indicating any prospective income, stating that the applicant will continue as a member of the professional staff for a minimum of one year upon his/her return and stating to the College President a detailed report of his/her professional activities and accomplishments while on sabbatical leave.
6. Approval
  Consistent with provisions of d) above, the College President may approve such sabbatical leave as he/she deems appropriate and such leave shall be reported to the Chancellor.
7. Leave Credits
  Vacation leave and sick leave credits shall not be accrued or used during sabbatical leave.
Campus Policies
1. In order that applications can be thoroughly reviewed and appropriate department arrangements made for successful applicants, application should be submitted to the President by the proceeding December1st of the academic year during which the sabbatical leave is requested. The President shall respond in writing to the applicant on the status of his/her request as soon as feasible. In the event that a sabbatical leave is not approved, the applicant may request a conference with the appropriate Dean or administrative officer.
2. Unless announcements to the contrary are made, monies available to fund sabbatical leave replacements will be the half salary remaining from full year sabbaticals and amounts deducted from sabbatical leave salaries reflecting income from other sources. These funds shall be pooled and distributed by the Provost after consultation with the appropriate Deans. Necessary additional assistance may be accommodated from the resources of the College. The College will also assist those faculty members who wish to obtain outside financial support for their sabbatical plans.
3. Any change in the program to be followed during the sabbatical leave must be approved in advance by the President (or designee); otherwise, the sabbatical leave is null and void. If the unforeseen opportunities or difficulties arise during the leave, they should be explained in detail as soon as possible so that changes can be effected, if necessary.
4. So that the benefits of sabbatical can reach others in the college, the employee will submit to the Director of Human Resources with 60 day calendar days of return from the sabbatical leave, a written and detailed activity report which reflects how the proposal was handled. The format for the report may reflect the author’s own judgment in conveying the significance of the sabbatical. The employee should also be ready to make a formal presentation to a department or school-wide convocation held for the purpose of sharing with fellow faculty and students the information gained by the leave. The Dean of the School or the appropriate administrative officer will have the responsibility for arranging the convocations or for excusing individual employees from this requirement.
Local Guidelines
Consistent with the objective of a sabbatical leave, proposals for which a sabbatical leave may be requested include: projects which are consistent with ongoing research activities; projects which clearly and specifically describe their scholarly content and intent; projects which clearly relate to program priorities within a department or school; projects for which the nature and purpose of the development or retraining of the applicant is obvious and highly specific; programs which clearly relate to the ongoing activity of the applicant and the needs of the department or program or to changing conditions at the College; and programs in which the plans of study are clearly stated and from which demonstrable results will be obtained. Other programs or projects not mentioned are also possible and will be evaluated in the merits of the proposal. Examples of types of programs or projects are given below with suggestions for possible supporting documentation. In each case, the applicant should detail his/her plans as specifically as possible and should also clearly express the expected results of the leave and how the sabbatical will have an impact on his/her own professional development, the students of the College, and College in general. The applicant’s chair and dean or appropriate administrative officer shall append to the sabbatical request a statement of the impact of the leave on the maintenance of academic and professional services to students.
Local Procedures
1. Application for sabbatical leaves must follow the same procedures as used by the department/division/director/committee (as appropriate) for reappointment, tenure, and promotion. The schedule of submission dates pertaining to sabbatical leave are given in Appendix XII.
2. Application forms are available from the Office of Human Resources, Raymond Hall, Room 219, or on the Potsdam HR website at www.potsdam.edu/HR/.
3. Copies of approved sabbatical leave proposals as well as copies of the written activity reports submitted to the President upon completion of the sabbatical leave are on file with the Office of Human Resources.

Approval
1. Other Leaves For Academic Employees
  The College President may recommend to the Chancellor other leaves of absence for employees at full salary or reduced salary, or may grant employees leaves of absence without salary, for the purpose of professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and similar agencies, as a faculty member, expert, consultant, or in a similar capacity, or for other appropriate purposes consistent with the needs and interests of the University. Leaves of absence without salary may also be granted under appropriate circumstances, for the purpose of child care. Leaves of absence at full or reduced salary pursuant to provisions of this section shall be subject to the approval of the Chancellor, and such leaves granted shall be reported to the Board of Trustees.
2. Leaves Of Absence For Professional Employees
  The College President may recommend to the Chancellor other leaves of absence for employees at full salary or reduced salary, or may grant employees leaves of absence without salary, for the purpose of professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and similar agencies, as a faculty member, expert, consultant, or in a similar capacity, or for other appropriate purposes consistent with the needs and interests of the University. Leaves of absence without salary may also be granted under appropriate circumstances, for the purpose of child care. Leaves of absence at full or reduced salary pursuant to provisions of this section shall be subject to the approval of the Chancellor, and such leaves granted shall be reported to the Board of Trustees.
Application
Application for such leaves of absence shall be made to the College President. Each application shall include a statement of the purpose for which the leave is requested, its anticipated duration and its values to the applicant and the University.
Leave Credits
Vacation and sick leave credits shall not be accrued or used during a period of leave pursuant to provisions of the section.

Discontinuation From Service Of Employees In Accordance With Provisions Of The State University Group Disability Insurance Program
Upon being discontinued from service in accordance with provisions of the State University Group Disability Insurance Program, an employee shall be granted a leave without pay for disability and shall be continued on such leave without pay until the disability ceases, the employee reached sixty-five, or his/her death, whichever event occurs first. For purposes of the State University Group Disability Insurance Program, the College President may require an employee to be examined by a physician selected by the college at its expense. Determination that a disability exists may be made by the College President upon the advice of the examining physician. Notwithstanding the failure of an employee to cooperate with the examining physician, a determination that a disability exists may be made by the College President upon advice of the examining physician that there are reasonable grounds to assume that a disability benefit would be payable in accordance with the State University Group Disability Insurance Program. In the event the employee does not apply for disability benefits, he/she shall be placed on disability leave without pay. If. Upon a finding that an employee is not disabled, the disability insurance carrier disapproves an employee’s application for benefits, the employee shall be restored to regular employment status.
Discontinuation From Service Of Employees Not Covered By The State University Group Disability Insurance Program
Upon being discontinued from service as a result of a disability which prevents performance of his/her duties, an employee shall be granted a leave without pay until the disability ceases, the employee reaches sixty-five, or death, whichever event occurs first. For purposes of determining the existence of such a disability, the College President may require an employee to be examined by a physician selected by the College at its expense. Determination that a disability exists may be made by the College President upon the advice of the physician.

Notwithstanding the failure of an employee to cooperate with the examining physician, a determination that a disability exists may be made by the College President, or designee, upon the advice of the examining physician that there are reasonable grounds to assume that a disability exists which would prevent an employee from performing the employee’s duties. If the College President determines, in accordance with the provisions of this section, that such a disability exists, the employee shall be placed on a disability leave without pay. Where appropriate, the College President, or designee, after consulting with the examining physician, may refer the employee to an employee assistance program or to other service agencies. The employee, however, shall be permitted to use any and all sick leave credits which have been accumulated pursuant to C. Sick Leave Accrual #1 and Other Sick Leave Credits #2 of this section and may request additional sick leave pursuant to C. Sick Leave Additional Sick Leave #5. An employee who has been placed on disability leave without pay pursuant to this section may subsequently request to be restored to regular employment status. Such request must be submitted in writing to the College President accompanied by suitable medical evidence from the employee’s physician that the employee no longer has a disability which would prevent performance of his/ her duties. Following receipt of such submissions, the College President may require the employee to be examined by a physician selected by the College at its expense prior to making a determination whether to restore the employee to regular employment status. Upon a finding by the College’s examining physician that the employee continues to have a disability which prevents performance of his/her duties, the College President may require the employee to be examined by a physician from the New York State Department of Civil Service Employee Health Service at the College’s expense prior to making a determination whether to restore the employee to regular employment status. The determination of whether to restore the employment status may be made by the College President upon the advice of the physician from the employee health service concerning the existence of a disability which would prevent the employee from performing his/ her duties.

Third Year Of Service
The board of Trustees may grant the College President a two-month study leave at full salary during every third year of service subsequent to the date of the initial appointment or the date of the last study leave taken, in lieu of vacation leave accrued for the third year of service. Such leave should be for the specific purpose of improving the administrative and academic performance of the College President.
Fifth Year Of Service
The board of Trustees may grant the College President a one-semester study leave at full salary at the end of a period of five years of service in lieu of vacation leave accrued for the year in which the leave was taken. Such leave shall be for the specific purpose of improving the administrative and academic performance of the College President.

The following is the State policy for pregnancy; childbirth and child care and is applicable for all
members of the professional staff.

Leave for Pregnancy and Childbirth
Pregnant employees may be asked or encouraged to report the existence of pregnancy, but they may not be required to do so. In any case where the College President or designee believes the employee is unable to perform the duties of the position because of pregnancy, the employee may be required to undergo a medical examination, at the expense of the campus, by a physician designated by the campus. A pregnant employee who is determined to be medically disabled from the performance of job duties must be treated the same as any other employee similarly disabled insofar as disability leave benefits are concerned. Sick leave may be used only during a period of medical disability. Under this policy, disabilities arising from pregnancy or childbirth are treated the same as other disabilities in terms of eligibility for or entitlement to sick leave with and/or without pay and extended sick leave. Generally, the period of such disability is deemed to commence approximately four weeks prior to delivery and to continue for six weeks following delivery. While a doctor’s certificate may be required for any period of disability, campuses should request detailed medical documentation whenever disability is claimed to commence prior to or to extend beyond the period of disability described above.

The College President or designee may approve an employee’s request for leave without pay during pregnancy and prior to the onset of any medical disability as a matter of discretion. Absences during pregnancy and following childbirth may be charged to vacation, irrespective of whether the employee is disabled. While the use of annual leave prior to the onset of medical disability is discretionary with the College President, employees must be permitted to use these accruals during a period of medical disability after sick leave with pay has been exhausted.
Leave for Child Care
1. Following the Date of Delivery
  Employees, regardless of sex, are entitled to leave without pay for child care for up to seven months following the date of delivery. For purposes of computing the seven month period of mandatory leave, periods during which the employee was absent for “disability” or use of leave credits are included. The mandatory seven month period is not extended by the granting of disability leave or the use of accrued leave. During a period of leave for child care employees shall be permitted, upon request, to use annual leave before being granted leave without pay. As is the case with other mandatory leaves without pay (e.g. military leave), the University shall not require that employees exhaust all appropriate leave credits prior to being granted leave without pay for child care. Sick leave may be used only during a period of medical disability. Except in the case of continuing medical disability, any leave of absence beyond the seventh month following childbirth shall be at the discretion of the College President or designee, have such leave extended beyond the seventh month. In certain situations, an employee may not be permitted to return from such leave until the expiration of the period that such employee requested and was granted. Generally, such restrictions on early return are limited to situations where such return would be disruptive of a project or where the termination of a replacement would occur. During the seven month period following childbirth, the granting of leave for child care is mandatory upon request from either parent. If both parents are State employees, leave for child care is mandatory for one parent at a time and the parents may elect to split the mandatory seven month leave into two separate blocks of leave with each parent entitled to one continuous period of leave but not to extend beyond seven months from the date of delivery. Campuses may, in their discretion, approve other arrangements for shared leave including concurrent leave and may, as a matter of discretion, extend leave for child care beyond the mandatory seven months. Furthermore, while one parent is absent on leave for child care, campuses continue to have the discretion to approve requests from the other parent for periods of vacation.
2. In Cases Of Legal Adoption
  In cases of legal adoption under Article 7 of the Domestic Relations Law leave for child-rearing purposes shall be granted where the adoptive child is required to reside with the adoptive parents for at least six months prior to an order of adoption being made. In such cases leave for child-rearing purposes shall be granted for six months commencing from the date the adoptive child begins actual full-time residence with the adoptive parents. Additional leave for child-rearing purposes may be granted in the discretion of the College President; provided, however, child-rearing leave shall not exceed a period of two years cumulatively.
Other
Temporary and probationary employees without any permanent status are entitled to leave with full pay and/or without pay as described as above. However, these employees are not eligible for leave beyond that date when their employment would otherwise terminate. In general, the State’s policy on leave for that pregnancy, childbirth and child care shall not be construed to require extension of any employment beyond the time it would otherwise terminate.
Parental Leave Policy For Teaching Faculty Members
SUNY Potsdam has developed a policy that relates to how parental leave will be handled in an academic department or program, where the traditional use of sick leave and being out part of a year does not fit with the academic mission of the college. Two issues distinguish teaching faculty from other professional staff: 1) the semester schedule requires that courses meet in designated 15-week blocks. A leave that starts mid-course is very disruptive to student learning and it is often difficult to find appropriate substitute faculty; 2) Teaching faculty members do not accrue vacation time that can be used for additional paid leave beyond the period of the medical leave. Therefore, a special procedure is needed. This document begins with the UUP contract language and proceeds to a campus plan for handling teaching faculty.

The UUP Contract states:
Pregnant employees may be asked or encouraged to report the existence of pregnancy, butthey may not be required to do so. Where, in the opinion of the Chief Administrative Officer or designee, the nature of the duties performed may be particularly hazardous or burdensome during pregnancy, this should be pointed out in the letter of appointment and such employees should be urged to advise their supervisors of any pregnancy. In any case where the Chief Administrative Officer or designee believes the employee is unable to perform the duties of the position because of pregnancy, the employee may be required to undergo a medical examination, at the expense of the campus, by a physician designated by the campus. A pregnant employee who is determined to be medically disabled from the performance of job duties must be treated the same as any other employee similarly disabled insofar as disability leave benefits are concerned.

Sick leave may be used only during a period of medical disability. Under this policy, disabilities arising from pregnancy or childbirth are treated the same as other disabilities in terms of eligibility for or entitlement to sick leave with and/or without pay and extended sick leave. Generally, the period of such disability is deemed to commence approximately four weeks prior to delivery and to continue for six weeks following delivery. While doctor's certificates may be required for any period of disability, campuses should request detailed medical documentation whenever disability is claimed to commence prior to or to extend beyond the period of disability described above.

A Chief Administrative Officer or designee may approve an employee's request for leave without pay during pregnancy and prior to the onset of any medical disability as a matter of discretion. Absences during pregnancy and following childbirth may be charged to vacation, irrespective of whether the employee is disabled. While the use of annual leave prior to the onset of medical disability is discretionary with the Chief Administrative Officer, employees must be permitted to use these accruals during a period of medical disability after sick leave with pay has been exhausted.

Employees, regardless of sex, are entitled to leave without pay for childcare for up to seven months following the date of delivery or adoption under Article 7 of the Domestic Relations Law. However, where the child is required to remain in the hospital following birth, the seven- month mandatory childcare leave shall, upon employee request, commence when the child is released from the hospital. If a child is required to be admitted to a hospital for treatment after child care leave has commenced, upon employee request, child care leave shall be suspended during a single continuous period of such hospitalization and that period shall not count toward calculation of the seven-month period. In such cases, any entitlement to mandatory childcare leave expires one year from the date the childcare leave originally commenced. For purposes of computing the seven-month period of mandatory leave periods during which the employee was absent for "disability" or use of leave credits are included: the mandatory seven-month period is not extended by the granting of disability leave or the use of accrued leave. During a period of leave for childcare, employees shall be permitted, upon request, to use annual leave before being granted leave without pay. As is the case with other mandatory leaves without pay (e.g., military leave), the University shall not require that employees exhaust all appropriate leave credits prior to being granted leave without pay for child care. Sick leave may be used only during a period of medical disability. Except in the case of continuing medical disability, any leave of absence beyond the seventh month following childbirth shall be at the discretion of the Chief Administrative Officer. An employee who requests a leave for child care of less than seven months is entitled to have such leave extended, upon request, up to the seven month maximum and may at the discretion of the Chief Administrative Officer or designee, have such leave extended beyond the seventh month. In certain situations, an employee may not be permitted to return from such leave until the expiration of the period that such employee requested and was granted. Generally, such restrictions on early return are limited to situations where such return would be disruptive of a project or where the termination of a replacement would occur.

During the seven-month period following childbirth, the granting of leave for childcare is mandatory upon request from either parent. If both parents are State employees, leave for child care is mandatory for one parent at a time and the parents may elect to split the mandatory seven-month leave into two separate blocks of leave with each parent entitled to one continuous period of leave but not to exceed a combined total of seven months of leave and not to extend beyond seven months from the date of delivery. Campuses may, in their discretion, approve other arrangements for shared leave including concurrent leave and may, as a matter of discretion, extend leave for childcare beyond the mandatory seven months.

Campus Procedure Relating to Teaching Faculty
Teaching faculty members have a unique obligation to the students in their courses to present a coherent experience and the campus has an obligation to address the needs of those faculty so as to accommodate faculty members and maintain the integrity of student instruction. Therefore, the following option is available for a faculty member who is pregnant,or adopts a child, or whose partner is pregnant during the academic year.

The employee will be granted full pay for working half time during the one semester in which it is anticipated that an employee will give birth or adopt a child, or the one semester immediately following the birth or adoption. Ordinarily, this half time work will not involve teaching but will involve administrative reassignments and can include activities such as internship coordination, research, grant writing and publication, administrative responsibilities within the department or school, curriculum revisions for the department or school, or program review for the department or school. Occasionally the half time commitment may include some teaching, if the class schedule can be modified while assuring the integrity of the instruction.

To be considered for the option of administrative reassignment, an employee must notify the department chair in writing of the pregnancy or impending adoption. The request is done on the form attached to this policy and available in hard copy in Human Resources or on their website under "Forms". The department chair, in consultation with the dean, will determine what responsibilities can be assigned to the employee for the semester. If the needs of the department do not fit within the employee's schedule for reassignment, then the Dean and Provost will assign responsibilities to the employee that serve the greater good of the school or the college. This arrangement will be put in writing and filed with the chair, dean, and Provost, as well as in the official personnel file in Human Resources.

Introduction
The FMLA gives eligible employees the right to take unpaid leave, or paid leave charged to appropriate leave credits under certain circumstances, for a period of up to 12 workweeks in a 12-month period due to: 1) the birth of a child or the placement of a child for adoption or foster care: 2) the employee’s need to care for a family member (child, spouse, or parent) with a serious health condition; or 3) the employee’s own serious health condition which makes the employee unable to do his or her job. 4) the employee's need to care for a family member who is in the military and has a serious illness or injury that was incurred in the line of duty while on active duty; 5) the employee's need for any qualifying exigency that arises while a covered family member is on active duty or called to active duty status in support of a contingency operation. Under certain conditions, FMLA leave may be taken on an intermittent basis. Employees are also entitles to continuation of health and certain other insurance, provided the employee pays his or her share of the premium during this period of leave.

The College has a right to 30 days’ advance notice from the employee, where practicable. In addition, the college may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or member of the family. The college may also require medical documentation from an employee absent due to personal illness as a condition of return to work.
Eligibility Requirements
Since New York State is to be treated as a single employer for purposes of determining whether an employee meets the service requirements for establishing eligibility under FMLA, service in any combination of agencies is to be counted. In addition, the FMLA does not require that an employee have continuous service; the FMLA only requires a minimum amount of service over a period of time as follows:

An eligible employee is one who has been employed for at least 12 cumulative months (52 cumulative weeks) and has performed a minimum of 1250 hours of service during the 12 consecutive months immediately preceding the date the leave is requested to begin.
FMLA Definitions
The FMLA contains the following definitions:
1. A serious health condition means an illness, injury, impairment or physical or medical conditions that involves:
  1. Any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, hospice, or residential medical care facility; or
  2. Any period of incapacity requiring absence from work, school or other regular daily activities of more than three calendar days, that also involves continuing treatment by (or supervision of) a health care provider; or
  3. Continuing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable or so serious that if not treated would result in a period of incapacity of more than three calendar days; or
  4. Ongoing prenatal care and treatment.
2. It should be noted that the routine preventive physical exams, apart from prenatal exams do not meet the FMLA definition of continuing treatment for a serious health condition.
3. A child is a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parents who is either under age 18 or older and incapable of self-care because of a physical or mental disability.
4. A parent is a biological or adoptive parent or an individual who stands or stood in loco parentis to an employee when the employee was a child.
5. A spouse is a husband or wife as recognized under State law for purposes of marriage, including common law marriages where recognized. (New York State recognizes only those common law marriages which originated in states that recognizes their legal status.)
Amount Of Leave To Be Granted
The FMLA entitles employees to up to 12 weeks of leave in a 12-month period. The calendar year has been designated as the 12-month period. Under FMLA, a husband and wife who are employed by New York State are only entitled to take a combined total of 12 weeks for birth, adoption or foster care placement of a child.
Pay Status
Employees have the option of requesting leave with pay charged to the appropriate accruals or leave without pay and must indicate the chosen option at the time the request for leave is made. An employee who elects not to use leave credits during a period of requested FMLA leave remains eligible to request use of leave credits under the Attendance Rules following exhaustion of his/her entitlement to leave under FMLA.
Work-Related Disability
Pursuant to Sate Policy, disability absences in connection with a job-related accident, which also meet the definition of a serious health condition under FMLA, should be designated as FMLA leave and employees should be so notified.
Insurance Continuation
The FMLA also affects an employee’s health insurance and other insurance benefits. The FMLA requires continuation of existing benefits during the period of FMLA leave for employees who are otherwise eligible for these benefits. The means that if an employee is enrolled for health, dental, vision or life insurance coverages, these benefits must continue and the employee is required to pay the same cost he/she would pay while in active work status.
Reinstatement Rights
Employees returning to work from FMLA leave are entitled to be returned to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

For Active Military Duty
A State employee entering active military duty is entitled to a leave of absence without pay while engaged in and going to and from military duty. Such leave cannot exceed a cumulative total of fours years of voluntary service.
For Reserve Military Duty
A State employee, who is a member of any reserve force, is entitled to 30 calendar (not work days) days per calendar year without charge to leave credits for time required for duty/training in the reserves.

On proof of jury service or attending court pursuant to subpoena or other order of the court, an
employee shall be granted leave with pay without charge to leave credits. Leave with pay for jury service or pursuant to a subpoena shall mean leave at the rate of pay the employee would have received had the employee not been on such leave.

Leave pursuant to a subpoena as described above does not apply to any absence by an employee if he/she is a part is such a proceeding.

It is essential that an employee report any job-related accident immediately to his or her supervisor and to University Police. Additionally, an accident report must be completed (see Accident Reporting Procedures). Failure to do so could result in loss of benefits available to the employee for an absence due to an occupational injury. Employees who incur an occupational injury or disease are eligible for benefits provided under the New York State Workers’ Compensation Law and may be entitled to Workers’ Compensation leave as provided in the State attendance and leave rules. Under these rules, faculty who are absent because of a job- related injury or disease may be granted up to 131 workdays of Workers’ Compensation leave with pay without charge to leave credits, subject to a 15-day waiting period. Subsequent absences may be charged to accumulated leave credits, sick leave, and leave without pay. Leave beyond a cumulative total of one year is at the discretion of the College President. A detailed explanation of the rights and responsibilities of employees wishing to avail themselves of these benefits is available from the Office of Human Resources.

Employee organization leave is leave with pay and without charge to the employee’s leave credits. The agreement provides for the granting of employee organization leave for designated employees to attend UUP meetings, process grievances and participate in negotiations with the State.

Attendance Records
All members of the professional staff are required to certify their presence on the Professional Staff Record of Attendance. Employees are also required to record on this form any charges to vacation, sick leave, and holiday compensatory time credits. Such form is to be submitted to the supervisor on a monthly basis.
Record of Attendance
The Professional Staff Record of Attendance used for recording absences, charges to leave credits and accruals of leave credits is distributed by the Office of Human Resources electronically or in paper form on the first of the month. The completed form (paper or electronic) signed by the employee and his/her immediate supervisor should be returned by the tenth of the month following the month being reported.

Unauthorized Absence
1. Any employee absent from work without authorization shall be placed on leave without pay. In the event an employee’s unauthorized absence continues for ten consecutive work days and the employee has not provided a written explanation for such absence to the College President by the close of business of the tenth workday following the commencement of such unauthorized absence, the employee’s leave without pay status shall continue for the remainder of the semester in effect on the tenth consecutive workday of absence where the College has hired a replacement for the employee.
2. If the unauthorized absence without written explanation continues for a total of 30 consecutive workdays, the employee shall be deemed to have resigned from his/her position.
3. If, prior to being deemed to have resigned from his/her position, an employee provides suitable medical evidence which substantiates a claim of temporary disability he/she may be placed on sick leave. Any sick leave under this subdivision shall commence upon substantiation of the evidence.

State officials and other State facilities may be closed only by order of the Governor. Local, government officials, police, radio and television stations do not have the authority to close State offices or facilities. Presidents are authorized, however, to cancel classes and recommend that all but essential employees not report to work. In the rare circumstance that the College is to be closed, the President will be so advised by System Administration through the Governor’s Office of Employee Relations (GOER). When the announcement is made that only essential service employees are expected to report to work, those people should make every effort to get to the College. These would include physical plant, University Police, health service and other employees who are essential to maintaining the College’s vital services. Employees who work on these days will, of course, be marked present. All others must charge the time to personal leave, vacation or compensatory time. Following certain snow emergencies the Department of Civil Service and the Governor’s Office of Employee Relations may excuse the charge to leave credits. This is usually granted only for severe multiple day closings, however, and is not automatic. Notwithstanding the canceling of classes, no one who is able to get to work will be deprived of an opportunity to work. Therefore, if it is determined during the course of the day that the College cannot operate effectively, no employee will be required to leave at that moment. The employee will, however, be permitted to leave then or any time thereafter. Provisions will be made for alternate campus work locations and alternate work for those who do get to the campus but who cannot go to their regular work places and cannot perform their regular work assignments. However, an employee who has reported for work
and, because of extraordinary circumstances beyond his/her control, for example; extreme weather conditions or physical plant breakdowns, is directed by the College President, or designee, to leave work, shall not be required to charge such directed absence during such day against leave accruals. Any such release of employees shall not create any right to equivalent time off by employees who are not directed to leave work.

A Voluntary Reduction in Work Schedule (VRWS) program has been established for management/confidential employees (M/C). In summary, a full-time employee may reduce his/her work schedule by up to 30 percent and still be treated as full-time for attendance and leave purposes.

The adjustment in salary must be made in minimum increments of five percent, the smallest being one-half day’s wages. The corresponding adjustment in work schedule is accounted for by earning and charging a new category of accrued leave—Voluntary Reduction Credits (VR Credits)l. The participating employee and College enter into a formal Voluntary Reduction in Work Schedule agreement, setting the terms and conditions of the program. Guidelines and details are available in the Office of Human Resources.

All calendar year and college year employees are eligible to participate in the leave donation program. This program allows employees to donate vacation accruals to other employees who have exhausted their accruals due to a personal illness. Details of the program are available in the Office of Human Resources.

Additional Information

For more information, please contact the Melissa Proulx, Associate Vice President for Administration and Human Resources.

Salary/Appt % (7/1/20- 6/30/21)	Days Earned
Up to $14,914/ .20 to <.40 FTE	1/4 day per month
$14,915 to $22,503/ .40 to <.60 FTE	1/2 day per month
$22,504 to $30,088/ .60 to < .80 FTE	1 day per month
$30,089 or higher/ .80 to <1.00 FTE	1 1/4 day per month