Leaves of Absence--Section F
Administrative Explanations and Procedures
LEAVES OF ABSENCE
Leave Without Pay (LWOP)
Research Leave Supplement Program
Understanding on Leaves Form
Leave From Departmental Duties
Partial Leave
Sabbatical Leave Program
Program Description
Application Form
Fringe Benefits
Sick Leave (including pregnancy)
Family and Medical Leave
Partially-Paid Family Leave Policy
Leave for other purposes
Final Report - Sabbatical Leave
Family and Medical Leave Act of 1993
DOCUMENTS
Explanations and procedures in this section are based on
the following official documents located at the end of this Section.
Research Leave Supplement Program DOCUMENT F-I
Sabbatical Leaves of Absence Program DOCUMENT F-II
Sick Leave DOCUMENT F-III
Court Service DOCUMENT F-IV
Military Tours of Duty DOCUMENT F-V
Family and Medical Leave Act of 1993 DOCUMENT F-VI
Indiana University Partially-Paid Family Leave Policy F-VII
Leaves of Absence--Section F
The Bloomington campus recognizes the need for and has made provision for a number of types of leaves of absence. The various types and the impact on fringe benefits are described below.
LEAVES OF ABSENCE WITHOUT PAY
When a faculty member or other academic appointee wants to take a leave of absence, a request by memo explaining the need for such a leave, accompanied by the initiation of an e-doc for appropriate approval signatures, should be sent through usual approval channels. Leaves of absence are normally limited to one year. Exceptions may be approved under unusual circumstances. In the case of non-tenured faculty and librarians, the submission should include the form, Understanding on Tenure Status Associated with Leave of Absence.
The "Understanding" form indicates whether or not the leave is to count toward tenure, and must be agreed to by the appointee, the chairperson, the school dean, and the Dean of the Faculties. Such leaves normally count toward tenure unless the department can demonstrate that the leave will significantly interrupt the faculty member's progress toward tenure.
A year or semester1 Leave of Absence without pay does not normally count as a year or semester of service to the University for the following purposes, unless the leave was in connection with a prestigious fellowship:
RESEARCH LEAVE SUPPLEMENTS
In cases where a leave of absence without pay is requested to allow acceptance of a prestigious fellowship or research-related award of demonstrable value to the University, and the leave is not to be taken in conjunction with a sabbatical leave, the faculty member may apply to the Office of Research and the University Graduate School for a Research Leave Supplement (see DOCUMENT F-I).
Under this program the University may grant a supplement of up to 40% of the applicant's base salary during the period of the leave to help relieve financial sacrifice entailed by acceptance of the external fellowship or award. Awards such as ACLS grants, Fulbright Research Grants, Guggenheims, Institute for Advanced Study awards/appointments, Lilly (open) Fellowships, NEA, NEH, National Humanities Center, Rockefeller, Sloan and von Humboldt awards are covered by this program. Awards such as Fulbright Teaching Grants, grant-supported salaries, ordinary leaves-without-pay, research associateships, and visiting positions at other institutions are not covered.
Applications and guidelines can be downloaded here. Primary deadline is June 1; late deadline for Spring is November 1.
FRINGE BENEFITS WHILE ON LWOP
The University recognizes no obligation to make Retirement Plan contributions while a faculty member or other academic appointee is on leave of absence without pay (LWOP). A member of the faculty who plans to take a leave of absence without pay should make appropriate arrangements with the prospective employer or grantor agency to cover Retirement Plan contributions. Options for retirement contributions for IU appointees during leaves or for visiting IU appointees should be discussed with the Benefits Office.
INSURANCE--LWOP
If a faculty member takes a leave of absence without pay, the University will continue life insurance in force for three months. If the leave extends beyond three months, the employee may suspend the insurance, or may continue it in effect by paying the full premium, at the group rate. If the insurance is suspended during the leave, it will be automatically reinstated in accordance with the plan certificate when the appointee returns.
It is also the policy of the University to continue its contributions toward medical insurance for faculty or other academic appointees while on LWOP if the individual continues his/her own share of the coverage. The appointee is asked to make arrangements with the University well in advance of the beginning of the leave to pay the employee share of medical insurance premiums. The University strongly urges that such insurance be continued.
A voluntary accidental death and dismemberment group insurance plan is available to appointees at their own expense via payroll deduction. This coverage may be continued while on LWOP by making prepayment of the necessary premium for the period of the LWOP not to exceed one year. Coverage for periods beyond the initial twelve months may be applied for on an individual basis. Because this plan is optional, the appointee may terminate coverage if desired.
LEAVE OF ABSENCE FROM DEPARTMENTAL DUTIES
A leave of absence from departmental or school duties may be granted to a faculty members assigned to work full-time on an extra departmental assignment or on a grant project (funded usually by an outside agency). When such a leave is approved, the individual will remain on the University payroll but will be released from the usual teaching and committee assignments, etc., for a semester or academic year. Such an assignment for a non-tenured faculty member must be made with great caution in that she/he must amass an adequate record in two areas of responsibility, and an excellent record in the third, by the sixth year of the probationary period. (See DOCUMENT E-VII.) Leaves should be requested by memo accompanied by a Personnel Action Recommendation Form (and an "Understanding on Tenure Status" form for non-tenured faculty) sent through normal channels of approval. Time spent on such leaves will normally count toward tenure.
PARTIAL LEAVE OF ABSENCE
A partial leave of absence may be granted where the appointee, the chairperson and/or dean agree
that a reduction in assignment will be mutually beneficial to the appointee and the University.
The same cautions and procedures apply as set out above for leaves from departmental duties.
FRINGE BENEFITS: PARTIAL LEAVE AND LEAVE FROM DEPARTMENTAL DUTIES
During a leave of absence from departmental duties, the funding source will normally pick up the University's contribution to fringe benefits and all coverages will remain in full force automatically. During a partial leave of absence, IU Retirement Plan contributions will be made by the University at the percent of salary paid.
Indiana University has a program of sabbatical leaves for faculty members and librarians. (See DOCUMENT F-II.) The sabbatical leave program provides an opportunity for development and enrichment benefiting both the faculty member and the University.
ELIGIBILITY
Faculty members and librarians are eligible to apply for one sabbatical leave during each period
of seven years' full-time service to Indiana University in faculty or librarian rank (including time
on sabbatical leave), following the first six years of full-time service. If a sabbatical is not taken
during a given seven-year period, that eligibility is lost, e.g., if a sabbatical leave is not taken in
the period extending from the seventh year through the thirteenth year, one is eligible for only
one sabbatical during the period extending from the fourteenth year through the twentieth year.
Any exceptions to these requirements must be made, in writing, by the Dean of the Faculties.
Leaves of absence without pay do not count toward sabbatical leaves, except that recipients of
nationally or internationally competitive fellowships for which a Research Leave Supplement
was awarded may count up to one such year toward their next sabbatical leave; sabbatical leaves
ordinarily are not granted within four years of a previous sabbatical leave, nor when a faculty
member has not been recommended for tenure, nor during a faculty member's last year before
retirement.
APPLICATION DUE DATES
Sabbatical leave applications are due for the following academic year (or second semester of it)
in the fall of each year. The Dean of the Faculties administers this program and sends to each
faculty member a reminder of the schedule and procedures each fall:
In order to provide the faculty member or librarian with the maximum amount of time to make firm plans and arrangements, the Sabbatical Leaves Committee will attempt to process all applications as expeditiously as possible. To accomplish this, applications must be submitted on time.
DURATION OF LEAVES/DIVIDED SABBATICALS
Traditionally, sabbatical leaves have been awarded either for one semester at full pay or for the academic year at half pay. In 1981 the University Faculty Council and the Trustees of Indiana University extended that policy:
"A sabbatical leave need not be taken in a single academic year but may be divided over several
academic years." Faculty members should discuss their plans carefully with their chairpersons or
deans before applying for a divided sabbatical. The following general guidelines have been established:
Once a sabbatical leave application has been approved, the scheduling of the sabbatical may be altered within the same academic year by approval of a Personnel Action Recommendation Form through the standard departmental, school, campus, and University offices. However, if a sabbatical leave is postponed to another academic year, the application is treated as a new one and must be submitted in the usual manner.
SABBATICAL LEAVE APPLICATION REVIEWS
All applications for sabbatical leave are subject to both budgetary and substantive review. (See F-4 for condensed sample application form.) Since sabbatical leaves are an expensive investment by the University, the Sabbatical Leaves Committee must be convinced that the sabbatical will indeed be of benefit to the University. This means that the sabbatical leave applicant must provide a well thought-out, clearly delineated plan of research for the sabbatical leave, in which the relevance to the University should be explained. Even though the application must be made approximately a year before the individual's planned leave period, it is important that the proposal be specific. Failure to outline a clear plan runs the risk of rejection by the committee, and is likely to result in a less satisfactory sabbatical than is the case when the plan has been clearly delineated.
PURPOSE
The Sabbatical Leaves Committee is charged with evaluation of applications in light of the
purposes set out by the Bloomington Faculty Council. The Sabbatical Leaves of Absence
Program (DOCUMENT F-II) provides as follows:
A faculty member has two academic functions, teaching and research. Travel to use other
libraries or research centers, to work with other scholars, or to conduct field research is generally
necessary for scholarly endeavor. The sabbatical leave program is undertaken to provide time for
such scholarly research and any travel incident thereto and to allow members of the faculty to
keep abreast of developments in their fields of service to the University. . .
A statement of proposed use of time is required to indicate the manner of achieving these general
objectives. Adherence to an approved plan is expected of a faculty member...Acceptable
programs for the use of time may include:
AWARD CRITERIA
To accomplish the purposes of the program, the Sabbatical Leaves Committee judges each
proposal for its intrinsic merit and potential contribution. The following points are considered in
judging every application for sabbatical leave. The application should be written so as to provide
adequate information on each point:
Purpose and rationale. Is the purpose of the proposed project clear? Are the outcomes specified
so that the contributions of the project to scholarship, creative endeavor, and/or professional
practice may be judged? Are the outcomes likely to enhance the faculty member's effectiveness
in the University? Is the project well grounded in theory, previous scholarly work, artistic
development, and/or professional advances? Does it address an important problem or need?
Procedure/Methods/Plan of Attack. Does the proposal show a clear and well developed plan?
Are methods or procedures well designed for the problem? Are the procedures feasible
considering the time and resources available? Have travel plans or choice of other institution
been adequately justified in the light of the purpose and rationale for the project? If the research
is to be conducted in Bloomington, are local resources adequate?
Proposer's Background and Qualifications. Does the proposal demonstrate that the faculty member's background and qualifications are suitable for the project? Does the proposal make clear how the project will advance the faculty member's capacity to contribute to the University's objectives?
Normally applications are not approved which propose a leave for writing a textbook, course development or improvement, post-doctoral work on this campus, continuation of research and/or creative activities normally conducted on this campus by the faculty member, or travel or visits to other institutions that have no clear scholarly purpose. If post-doctoral work is proposed, the role of the training in enhancing the University's academic capability should be emphasized.
In developing the application the faculty member should plan the statement of the project with care to ensure precision and conciseness. Vaguely worded proposals suggest that the goals and procedures have not yet been clearly determined and run a high risk of rejection. Extensive discussion of historical precedent for the proposed project is unnecessary.
APPLICATION FOR SABBATICAL LEAVE
Name of Applicant ________________________________ School or College ________________________________
Academic Title ________________________________ Department________________________________
Effective date of initial appointment as a full-time
member of the faculty of Indiana University: ________________________________
Periods of previous sabbatical leave:________________________________
Periods of leave of absence ____________ With Pay ____________ Without Pay
other than sabbatical leave: ____________ ________________ ____________
Period(s) of Leave: Check below the option for which you choose to apply:
/ / First semester at full pay
/ / Second semester at full pay
/ / l0-month academic year at half pay
/ / Divided leave*
*Please specify all of the periods (with dates) in the next and subsequent academic years; these should add up to either five months at full salary or ten months at half salary.
Action by Department Chairperson:
Please attach a statement (a) evaluating the proposed project and (b) explaining scheduling adjustments that can be made within the department. The evaluation may be based on advice from a departmental committee, from colleagues, or from external evaluators. Whether or not the chairperson approves the application, it must be forwarded to the dean of the school and the Dean of the Faculties.
I (do) (do not) recommend the approval of this sabbatical leave project.
(Attach explanatory memo.)
(Chairperson) ________________ (Date)
Signature of Dean:
/ / Scheduling adjustments can be made within the department (or school) without need for
additional resources.
/ / Request for additional funds will be incorporated in the school budget request.
(Dean) ________________________ (Date)
ELIGIBILITY CERTIFICATION:
(Dean of the Faculties) ________________ (Date)
SABBATICAL LEAVE
(Attach extra sheets as needed)
1. Description of proposed sabbatical leave project. Describe your project below. Make clear the purpose of the project and explain its rationale. Provide enough detail on procedures, time schedule, and resources so the plan may be judged for thoroughness of planning and for feasibility.
PLEASE NOTE: If you have submitted a grant application for the same research project you
wish to pursue while on sabbatical leave, you may attach a copy and fill in only information on
this and the following page that is not contained in the grant application.
2. Location of Project. State the principal location of your project. Indicate plans for travel,
arrangements for use of libraries, laboratories, or work with colleagues at other institutions. If the
project is to be conducted in Bloomington, indicate the nature of available resources.
3. Applicant's Qualifications. Summarize your academic background and accomplishments
related to this project and which bear upon its probable success. Attach relevant, complete
bibliographic and other relevant data.
4. Sources and amounts of funds. List sources and amounts of funds in the form of grant,
fellowship, allowance for expenses, or payment for services (include approved teaching) during
the period of the sabbatical leave. (Please note that the Academic Handbook requires that such
funds must be paid for services which are consistent with the sabbatical leave program.
Therefore, most regular teaching, consulting, or similar activities may not be used to supplement
a sabbatical stipend.)
5. Signature of applicant.
I have read the rules governing the sabbatical leave of absence program in the Academic
Handbook. I agree not to accept any employment during the period of leave that has not been
explained in this application. In the event I do not return for at least one year immediately
following the sabbatical leave, I agree to reimburse Indiana University for any salary, retirement
contributions, and insurance premiums paid during the sabbatical leave.
(Signature of Applicant) ______________________________ (Date)
EXTERNAL SUPPORT
Activities and funds to supplement the sabbatical leave must be consistent with the purpose of
the sabbatical leave. Teaching responsibilities, if more than an occasional guest lecture is
involved, are not generally considered to be consistent with the sabbatical leave program.
However, under special circumstances, permission may be granted for a faculty member to
augment a full-year, half-salary sabbatical stipend through part-time teaching at a host institution.
The purpose of such an exception is to make it possible for a faculty member lacking outside
support to pursue an opportunity for research or creative activity during a full-year rather than a
half-year sabbatical leave. The faculty member must explain in writing how the prospects for a
productive sabbatical leave will be enhanced, and must specify the nature and extent of the
proposed teaching. The departmental chairperson and Dean must then recommend the exception
to the Dean of the Faculties, who will make the final determination as to whether or not it can be
allowed. Under no circumstances may total stipends, salaries, etc., exceed the normal salary the
faculty member would have received had he/she been on normal appointment at Indiana University.
SABBATICAL LEAVE REPORTS
At the end of sabbatical leave, a report describing the execution of work for which leave was
granted is to be sent to the Dean of the Faculties. A sample of the Report Form appears on page
F-6. The requirement of this report is set forth in the Sabbatical Leaves Program. (See
DOCUMENT F-II.) This report will be attached to the faculty member's next application for a
sabbatical leave before it is circulated to the committee.
RETIREMENT PLAN CONTRIBUTIONS WHILE ON SABBATICAL LEAVE
During a semester or academic year sabbatical leave, IU Retirement Plan contributions will be made on salary paid. If on sabbatical leave at half pay, contributions will be made based on the half salary. This conforms to IRS regulations for retirement contributions.
INSURANCE--SABBATICAL
It is the policy of the University to continue full life and medical insurance coverage in the case of an academic year sabbatical leave at half pay, or a one-semester sabbatical at full pay. Deductions for the appointee's share of the medical insurance premiums from monthly payroll checks will be continued during the leave.
SICK LEAVE
The Trustees of Indiana University approved a sick leave plan which is available to full-time
academic appointees on appointment for at least an academic year for any major illness. (See
DOCUMENT F-III.) It provides for six weeks of sick leave at full pay. An extension to the end
of a semester to a total maximum of six weeks at full pay and nine additional weeks at one-half
pay is provided when the prognosis for early recovery is favorable and the extension is approved
by the Chairperson and Dean.
PREGNANCY AND SICK LEAVE
The Sick Leave Plan applies to medical disabilities of full-time academic appointees resulting
from pregnancy (including pre-delivery, delivery, and post-partum medical needs, and
complications of pregnancy and/or child-birth and termination of pregnancy). (See DOCUMENT
F-III.) The period of a pregnancy leave is established as: six weeks at full pay and such
additional time as is medically required. Within these constraints, leave of up to six weeks will
be paid at the full rate. Additional leave for which one is eligible will be paid at one-half rate.
Prior to the beginning of a pregnancy leave, a Personnel Action Form should be initiated putting
the appointee on sick leave at full pay for six weeks. An automatic return at the end of the six
weeks will be expected unless a Personnel Action Form is submitted for additional medically
required leave at half-pay, or for a leave without pay (LWOP). Questions about the interpretation
of the plan for academic appointees should be directed to the Dean of the Faculties Office.
PREGNANCY & CHILD-REARING LEAVES
Pregnancy and child-rearing shall be considered a permissible purpose for applying for a leave
without pay, either partial or full, and shall be available as prescribed by the policy on LWOP .
(See DOCUMENT F-III.)
FAMILY & MEDICAL LEAVES
The Family and Medical Leave Act of 1993 (FMLA) requires Indiana University to provide up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons to employees who have worked for 1250 hours over the previous 12 months (generally interpreted as 60% time/12 month appointment, 72% time/academic year appointment).
An overview of the FMLA provisions appears on the following page. (For Department of Labor Program Highlights and more details, see DOCUMENT F-VI).
Indiana University has designated that sick leaves taken with full or partial pay shall count as all or part of the FMLA leave. Accrued vacation time for 12-month appointees will also be used to cover part of the FMLA obligation, as will leaves without pay taken for eligible reasons.
PARTIALLY-PAID FAMILY LEAVE POLICY
Full-time academic appointees with at least one year of service are eligible to apply for a partially-paid family leave of absence for (1) the birth or adoption of a child by the academic appointee or the academic appointee's spouse or (2) the serious health condition of the academic appointee's spouse, child, or parent when the academic appointee is the primary or co-primary caretaker. (See DOCUMENT F-VII.) The partially-paid leave shall be for a period not to exceed 15 weeks or to the end of the semester, whichever occurs first.
If leave is being requested due to childbirth, the first six weeks of the mother's leave will be covered under the full-pay medical leave plan, providing that the birth occurs while on paid contract (does not apply to summer break for ten month academic year appointee).
LEAVE FOR OTHER PURPOSES
Leaves with pay are accorded, by the Trustees of Indiana University, for military tours of duty,
jury duty, and appearance as subpoenaed witnesses. (See DOCUMENTS F-IV and F-V.) Leaves
for the latter two purposes shall be permitted for whatever periods may be required by the courts.
Leaves for military obligations shall not exceed 15 days in any one calendar year.
INDIANA UNIVERSITY
REPORT ON COMPLETION OF SABBATICAL LEAVE
Name________________________________ Department________________________________ Period of Leave________________________________
The sabbatical leave program requires that you give a report on your leave within three months
of the end of the leave. Please send one copy of this form (and supplementary pages, if needed)
to your departmental chairperson or school dean and one copy to the Dean of the Faculties.
Describe your activities in some detail and show clearly the scholarly and professional benefits
derived. Comment on any problems encountered which should be known by those who
implement Indiana University's sabbatical leave policies. Reports on completion of sabbatical
leaves are made available to the Committee on Sabbatical Leaves for use in evaluating
subsequent applications.
1. Nature of activity while on sabbatical leave (description of research, creative activity,
postdoctoral study or other project):
2. Progress toward completion of the work for which sabbatical leave was taken (present status of
research, development of creative activity, etc.):
3. Description of travel and residence away from home during sabbatical leave:
4. Plans for publication or other efforts to disseminate the results of your sabbatical leave:
5. Supplementary Comments
(Please use additional pages to supplement this form if you require additional space.)
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YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. Employees are eligible if they have
worked for a covered employer for at least one year, and for 1,250 hours over the previous 12
months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE:
Unpaid leave must be granted for any of the following reasons:
1. to care for the employee's child after birth, or placement for adoption or foster care;
2. to care for the employee's spouse, son or daughter, or parent, who has a serious health
condition; or
3. for a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
ADVANCE NOTICE AND MEDICAL CERTIFICATION:
The employee may be required to provide advance leave notice and medical certification. Taking
of leave may be denied if requirements are not met.
1. The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
2. An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
JOB BENEFITS AND PROTECTION:
1. For the duration of FMLA leave, the employer must maintain the employee's health coverage
under any "group health plan."
2. Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms.
3. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior
to the start of an employee's leave.
UNLAWFUL ACTS BY EMPLOYERS:
FMLA makes it unlawful for any employer to:
1. interfere with, restrain, or deny the exercise of any right provided under FMLA;
2. discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any preceding under or relating to FMLA.
ENFORCEMENT:
1. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
2. An eligible employee may bring civil action against an employer for violations.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
FOR ADDITIONAL INFORMATION:
Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.
WH Publication 1420
June, 1993
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
DOCUMENT F-I
RESEARCH LEAVE SUPPLEMENT GUIDELINES
(Approved: BFC 4/7/81; revised 6/97, 6/02)
Effective 2003–04 Academic Year
Primary Deadline: June 1
Late Deadline for Spring: November 1
Research Leave Supplements are available to Bloomington faculty and librarians who receive prestigious, nationally competitive fellowships or research related awards. A representative list of eligible fellowships is suggested below:
Fully Funded Awards:
Guggenheim
Awards Partially Funded (Representative):
ACLS, Fulbright Research, Humbolt, NEH, Mellon, Rockefeller, Sloan
Awards Not Covered (Representative):
Fulbright Teaching Grants, grant-supported salaries, ordinary leaves-without-pay,
research associateships, visiting positions at other institutions, memberships at research institutions
or centers.
The Research Leave Supplement application should include a recommendation from the department chairperson or school dean. Applications should include a copy of the award letter from the funding agency that indicates the amount and duration of the fellowship. If the fellowship is not on the representative list, the application should include a statement from the chair or other faculty member familiar with the fellowship that compares the prestige of the fellowship to those on the representative list.
Recipients of Research Leave Supplements are eligible to receive up to 60 percent of their base salary during the period of the Leave, with the actual amount determined by the financial sacrifice. The applicant must disclose all salaries, fellowship monies, fringe benefits, per diem, etc., available to him/her during the proposed leave. The financial sacrifice is calculated on base salary, less the amount of the fellowship monies and other income. Funds specified explicitly for research or travel expenses will be excluded from this calculation. If the sacrifice amount is less than 60 percent of the base salary, the Supplement award will be the sacrifice amount; otherwise it will be 60 percent of the base salary. The 60 percent of base salary will paid as follows: the Office of the Bloomington Chancellor will provide 10 percent of the supplement, with the dean of the applicant’s school and the Office of Research and the University Graduate School each providing 25 percent of the supplement. The exception to this policy will be for Guggenheim recipients whose Research Leave Supplement will be funded up to 60 percent of base salary from the three offices as described above and “topped up” to 100 percent by the recipient’s school.
The University will continue to pay its share of the recipient’s health insurance during the research leave, and will continue life insurance coverage for three months. Recipients then have the option of continuing life insurance coverage at the rate of approximately $16 per month. Arrangements can also be made by recipients to pay retirement contributions from the Supplement if they wish.
Research Leave Supplements are subject to the following restrictions:
DOCUMENT F-II
SABBATICAL LEAVES OF ABSENCE PROGRAM
(Approved: BFC 2/1/72; Amended: BFC 3/4/80 4/7/81; UFC 6/2/39, 10/13/81, 4/27/82; Based
on Trustees 6/2/39; Faculty Council 5/5/64)
PURPOSE
A faculty member has two academic functions, teaching and research. Travel to use other
libraries or research centers, to work with other scholars, or to conduct field research is generally
necessary for scholarly endeavor. The sabbatical leave program is undertaken to provide time for
such scholarly research and any travel incident thereto and to allow members of the faculty to
keep abreast of developments in their fields of service to the University.
A sabbatical leave is not a leave which a faculty member automatically "earns" by having been employed for a given period of time. Rather, it is an investment by the University in the expectation that the sabbatical leave will significantly enhance the faculty member's capacity to contribute to the objectives of the University. For this reason, sabbatical leave applications are approved only if there is adequate reason to believe that they will achieve this purpose.
A statement of proposed use of time is required to indicate the manner of achieving these general
objectives. Adherence to an approved plan is expected of a faculty member. At the termination of
the leave, and not later than three months after his/her return to the campus, the faculty member
shall submit a report of his/her activities to the Dean of the Faculties on a form available in the
Dean's office. A copy of this report should also be delivered to the appropriate departmental
chairperson or dean. This report must be filed because it will be attached to the faculty member's
application for a future sabbatical leave before it is circulated to the committee. Acceptable
programs for the use of time may include:
1. Research on significant problems;
2. Important creative or descriptive work in any means of expression, for example, writing,
painting, and so forth;
3. Postdoctoral study along a specified line at another institution; and
4. Other projects satisfactory to the Committee on Sabbatical Leaves of Absence.
TERMS OF LEAVE
Sabbatical leave will be for one semester at full salary or for one year at half salary. A sabbatical
leave need not be taken in a single academic year but may be divided over several years. The
sabbatical-leave program requires that persons on sabbatical leave devote full time to the
scholarly activity for which leave is granted and will receive no salary or stipend from other
sources than the University except that (l) persons on leave for a year at half pay may engage in
other scholarly activity consistent with that for which leave is granted and receive salary, stipend,
or honoraria from other sources in such amounts that total salary, stipend, and honoraria do not
exceed approximately the annual income normally earned, and (2) persons on leave may receive
grants from other sources for travel and research expenses incident to their scholarly activity.
ELIGIBILITY
A faculty member at Indiana University is eligible for one sabbatical leave during each period of
seven year's full-time service (including time on sabbatical leave), following the completion of
his first six years of full-time service as a faculty member.
For example, a faculty member may be granted one sabbatical leave in his/her seventh, eighth, ninth, tenth, eleventh, twelfth, or thirteenth year of service, and one in his fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, or twentieth year of service. Ordinarily, however, a sabbatical leave will not be granted within less than four years following a preceding sabbatical leave. For example, a faculty member who is granted sabbatical leave in his/her twelfth year would not again be eligible until his/her seventeenth year. Leaves without pay do not count as part of the period by which eligibility for sabbatical leave is determined, except that recipients of nationally or internationally competitive fellowships may count up to one year toward their next sabbatical leave. The sabbatical-leave program applies only to persons who will return to their positions at Indiana University for at least one academic year following a period of sabbatical leave. For example, a sabbatical leave will not be granted for the last year of a faculty member's service prior to retirement. To be eligible for sabbatical leave, a faculty member must agree to reimburse Indiana University for any salary, retirement contributions and insurance premiums paid during the sabbatical leave in the event the faculty member does not return for at least one year following the leave.
SCHEDULING
As far as possible, departmental schedules should be arranged so as to permit eligible members
of the staff to take leaves. In arranging schedules, an attempt should be made to minimize the
cost of substitute instruction and the disruption of the departmental program. To facilitate this
planning, faculty members who intend to apply for leave during any part of one school year must
give notice of intention to apply to the appropriate departmental chairperson or dean by
December l, and applications shall be in the hands of the Committee no later than January l5 of
the preceding school year. Application forms may be obtained from the Chairperson of the
Committee.
ADMINISTRATION
Applications for leave will initiate with the eligible faculty member. The application will be
routed through successive administrative stages for appropriate action.
Department
The departmental chairperson is responsible for making sure that no essential departmental and
students' needs are jeopardized because of the number of faculty members in a given area on
sabbatical leave. He will attach a statement showing the proposed schedule adjustments to permit
the leave and the additional staff or other expenditure that may be necessary. The departmental
chairperson (or corresponding officer) is also responsible for attaching his specific evaluation of
the faculty member's project. He may utilize the advice of a departmental committee or of
individual colleagues, here or elsewhere. Whether he approves the project or not, it must be
forwarded to the Dean of the School and the Dean of the Faculties.
Dean of the School or College
The dean will forward the application to the Dean of the Faculties for determination of eligibility.
The application, if eligible, will then be transmitted to the Sabbatical Leaves Committee for
determination of the merit of the project.
Committee on Sabbatical Leaves of Absence
The Committee (consisting of three members of the faculty, appointed by the Vice President,
with the Dean for Research and Graduate Development in addition, ex officio) will then forward
the application to the Dean of the Faculties with appropriate recommendation for action. In
arriving at its recommendation, the Committee will take into consideration the record of
accomplishment on previous sabbatical leaves and may call on other members of the faculty, or
on outside experts, for an evaluation of the worth of the proposed program.
The Vice President's Office may also call on the chairman of the department and the dean of the school or college if scheduling problems are the only bar to the leave. If the number of otherwise acceptable applications for one semester or year is so great as to entail excessive expense to the University or an unreasonable increase in the teaching load of resident staff, the Vice President's Office will of necessity have to determine a schedule of priorities among the applications.
The applicant shall be given the opportunity to make representation to the Committee, as well as
to the Vice President's Office, if he/she considers it advisable, to support his/her application. The
Dean of the Faculties will notify each applicant for sabbatical leave of his/her recommendation to
the Vice President, and a copy of the notification will be sent to the appropriate department
chairperson or dean All administrative recommendations are subject to final approval by the
Board of Trustees. However, a favorable recommendation by the Committee and the Dean of the
Faculties establishes sufficient likelihood of a grant of sabbatical leave so that applicants are
justified in proceeding with plans and arrangements for leave.
DOCUMENT F-III
SICK LEAVE
(Approved: Trustees 1/20/73)
In case of illness of any full-time academic appointee he or she shall be paid six weeks' full salary during the illness and fifty (50) percent for the balance of the semester in case the illness continues for that long. Where prognosis for early recovery is favorable, the university may, upon recommendation of the chairperson or immediate supervisor followed by concurrence of the appropriate dean, vice president, or chancellor, extend the period of sick leave beyond the limits of a semester to a total maximum of six weeks at full pay and nine additional weeks at one- half pay. Beyond such periods or upon recognition that the illness will be more prolonged, the individual shall be placed on leave without pay.
Pregnancy and Childrearing Leaves
(Approved: Trustees 6/29/74)
Medical disabilities of any employee resulting from pregnancy (including pre- delivery, delivery, and post-partum medical needs, and complications of pregnancy and/or childbirth and termination of pregnancy whether by miscarriage or by abortion) are to be treated as are any other temporary medical disabilities for purposes of granting sick leave, regardless of marital status.
A pregnant academic appointee may take, but is not required to take, a leave, to be known as a pregnancy leave, extending from up to two weeks prior to the expected delivery date through up to four weeks following delivery and such additional time as is medically required. Such pregnancy leave shall be considered to be necessitated by disabilities resulting from pregnancy.
Appointees on pregnancy leave shall be paid up to six weeks' full salary during the leave and 50% for the balance of the semester when medically required. Upon recommendation of the chairperson or immediate supervisor followed by concurrence of the appropriate dean or Vice President or Chancellor, the period of pregnancy leave can be extended beyond the limits of a semester to a total maximum of six weeks at full pay and nine additional weeks at one-half pay when medically required. Beyond such periods or upon recognition that the disability will be more prolonged, the individual shall be placed on leave without pay.
A reasonable number of childrearing leaves shall be available under rules normally governing leaves without pay to both mothers and fathers, under conditions mutually agreed upon between an individual and his or her department head.
Pregnancy and childrearing shall be considered a permissible purpose for applying for a leave without pay and shall be available as prescribed by the policy on leave without pay, to all academic appointees.
DOCUMENT F-IV
COURT SERVICE
(Approved: Trustees 12/20/42)
Employees who have been subpoenaed will be allowed leave with pay when serving as a witness, and those called for jury duty will be allowed their regular compensation for their period of service as jurors.
DOCUMENT F-V
MILITARY TOURS OF DUTY
(Approved: Trustees 5/8/51)
The Board concurred in amending our personnel policy to comply with the 1951 statute of the General Assembly:
Persons "who are members of the Indiana National Guard or of the reserve components or the
retired personnel of the naval, air, or ground forces, shall be entitled to leave of absence from
their respective duties, without loss of time or pay for such time as the members of the National
Guard are in the military service on training duties of the state of Indiana under the order of the
governor as commander -in-chief, or as members of any reserve component under the orders of
the component authority thereof, for periods not to exceed fifteen days in any one calendar year."
DOCUMENT F-VI
U.S. DEPARTMENT OF LABOR PROGRAM HIGHLIGHTS: THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
(U.S. Department of Labor Program Highlights. Fact Sheet No. ESA 93-24, USGPO 1993-353-844)
The Family and Medical Leave Act of 1993 (FMLA) was enacted on February 5, 1993.
The new law is effective on August 5, 1993, for most employers. If a collective bargaining agreement (CBA) is in effect on that date, the Act becomes effective on the expiration date of the CBA or February 5, 1994, whichever is earlier.
The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces FMLA for all private, state and local government employees, and some federal employees.
FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons. An eligible employee's right to FMLA leave begins on August 5, 1993; any leave taken before that date does not count as FMLA leave.
The law contains provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and, protections for employees who request or take FMLA leave. The law also requires employers to keep certain records.
Employer Coverage
FMLA applies to all:
(1) public agencies, including state, local and federal employers, local agencies (schools), and
(2) private-sector employers who employed 50 or more employees in 20 or more workweeks in
the current or preceding calendar year and who are engaged in commerce or in any industry or
activity affecting commerce--including joint employers and successors of covered employers.
Employee Coverage
To be eligible for FMLA benefits, an employee must:
(1) work for a covered employer;
(2) have worked for the employer for a total of at least 12 months;
(3) have worked at least 1,250 hours over the previous 12 months; and
(4) work at a location where at least 50 employees are employed by the employer within 75
miles.
Most federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management and the Congress.
Leave Entitlement
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid
leave during any 12-month period for one or more of the following reasons:
(1) for the birth or placement of a child for adoption or foster care;
(2) to care for an immediate family member (spouse, child, or parent) with a serious health
condition; or
(3) to take medical leave when the employee is unable to work because of a serious health
condition.
Spouses employed by the same employer are jointly entitled to a combined total of 12 workweeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent (but not parent-in-law) who has a serious health condition.
Leave for birth or placement for adoption or foster care must conclude within 12 months of the birth or placement.
Under some circumstances, employees may take FMLA leave intermittently--which means taking leaves in blocks of time, or by reducing their normal weekly or daily work schedule. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval. FMLA leaves may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.
Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee. In no case can use of paid leave be credited as FMLA leave after the leave has ended.
"Serious health condition" means an illness, injury, impairment, or physical or mental condition
that involves:
(1) any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in
a hospital, hospice, or residential medical-care facility;
(2) any period of incapacity requiring absence of more than three calendar days from work,
school, or other regular daily activities that also involves contin uing treatment by (or under the
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 likely result in
a period of incapacity of more than three calendar days, and for prenatal care.
"Health care provider" means:
(1) doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in
which the doctor practices; or
(2) podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual
manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized
to practice, and performing within the scope of their practice, under state law; or,
(3) nurse practitioners and nurse-midwives authorized to practice, and performing within the
scope of their practice, as defined under state law; or
(4) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts.
Maintenance of Health Benefits
A covered employer is required to maintain group health insurance coverage for an employee on
FMLA leave whenever such insurance was provided before the leave was taken and on the same
terms as if the employee had continued to work. If applicable, arrangement will need to be made
for employees to pay their share of health insurance premiums while on leave. In some instances,
the employer may recover premiums it paid to maintain health coverage for an employee who
fails to return to work from FMLA leave.
Job Restoration
Upon return from FMLA leave, an employee must be restored to his or her original job, or to an
equivalent job with equivalent pay, benefits, and other employment terms and conditions. In
addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit
that the employee earned or was entitled to before using FMLA leave.
Under specified and limited circumstances where restoration of employment will cause
substantial and grievous economic injury to its operations, an employer may refuse to reinstate
certain highly-paid "key" employees after using FMLA leave during which health coverage was
maintained. In order to do so, the employer must:
(1) notify the employee of his/her status as a "key" employee in response to the employee's
notice of intent to take FMLA leave;
(2) notify the employee as soon as the employer decides it will deny job restoration and explain
the reasons for this decision;
(3) offer the employee a reasonable opportunity to return to work from FMLA after giving his
notice; and
(4) make a final determination as to whether reinstatement will be denied at the end of the leave
period if the employee then requests restoration.
A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site.
Notice and Certification
Employees seeking to use FMLA leave may be required to provide:
(1) 30-day advance notice of the need to take FMLA leave when the need is foreseeable;
(2) medical certifications supporting the need for leave due to a serious health condition affecting
the employee or an immediate family member;
(3) second or third medical opinions and periodic recertifications (at the employer's expenses); and
(4) periodic reports during FMLA leave regarding the employee's status and intent to return to
work.
When leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation.
Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $ 100 for each separate offense.
Also, covered employers must inform employees of their rights and responsibilities under FMLA, including specific information when an employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.
Unlawful Acts
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right
provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any
individual for opposing any practice, or because of involvement in any proceeding, related to
FMLA.
Enforcement
FMLA is enforced, including investigation of complaints, by the U.S. Labor Department's
Employment Standards Administration, Wage and Hour Division. If violations cannot be
satisfactorily resolved, the Department may bring action in court to compel compliance. An
eligible employee may also bring a private civil action against an employer for violations.
Other Provisions
Special rules apply to employees of local education agencies [not to colleges, universities, trade
schools and pre-schools]. Generally, these rules provide for FMLA leave to be taken in blocks of
time when intermittent leave is needed or the leave is required near the end of a school term.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under Regulations, 29 CFR Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave. This special exception to the "salary basis" requirements for FLSA's exemption extends only to "eligible" employees' use of leave required by FMLA.
The FMLA does not affect any other federal or state law which prohibits discrimination, nor supersede any state or local law which provides greater family or medical leave protection. Nor does it affect an employer's obligation to provide greater leave rights under a collective bargaining agreement or employment benefit plan. The FMLA also encourages employers to provide more generous leave rights.
Further Information
For more information, please contact the nearest office of the Wage and Hour Division (317)
226-6801, as listed in most telephone directories under U.S. Government, Department of Labor,
Employment Standards Administration.
DOCUMENT F-VII
INDIANA UNIVERSITY PARTIALLY-PAID FAMILY LEAVE POLICY
(Approved: UFC, 5/8/97; Trustees, 5/8/98, 6/22/01)
WHEREAS, the University Faculty Council has requested that a partially-paid family leave policy be established for full-time academic appointees, including full-time clinical faculty members and full-time librarians,
BE IT RESOLVED, that
After one year of service and with a frequency not to exceed once every three
years, a full-time academic appointee is eligible for a partially-paid leave:
The partially-paid leave shall be for a period not to exceed fifteen (15) weeks or the end of the semester, whichever occurs first.
During the partially-paid leave, the academic appointee shall be paid an amount not to exceed two-thirds of the appointee’s salary. Contributions to the appointee's retirement plan during this period of leave shall be based on the reduced salary actually paid.
During the period of leave, the academic appointee, other than a librarian or a clinical faculty member, is relieved from teaching duties while continuing research, creative work and service activities. Upon return to regular duties, the academic appointee shall not be required to assume a heavier teaching load than normal. The continuing duties of a librarian or of a clinical faculty member during the period of leave shall be negotiated by the academic appointee and the dean of the academic appointee’s school or designee of the dean, and said continuing duties shall approximate the proportion of salary received during the leave. Upon return from leave, a librarian or clinical faculty member shall not be required to assume more duties than usual.
Each campus chancellor shall appoint a panel of faculty and administrators to approve leaves requested pursuant to the terms of this policy and to ensure that the leaves are in compliance with this policy.
The portion of salaries and benefits that are not paid to the academic appointees who receive leave pursuant to this policy shall create a funding pool to hire temporary replacements as necessary. The campus shall determine whether the funding pool is campus-wide or in some cases school-wide.
Leave taken pursuant to this policy shall count as all or part of the federal Family and Medical Leave Act requirements.
This policy is effective until June 30, 2004. At that time it will be reviewed and may be renewed by the affirmative action of the Board of Trustees upon the recommendation of the faculty and administrators of the University.