A.
General
Leaves With and Without Pay
1. NSF
may apply for leaves for illness, injury, personal emergency, childbearing
leave, vacation leave, military leave, jury duty, witness leave, governmental
service leave, leaves to attend professional meetings, and other leaves with
and without pay. Descriptions of
these leaves and the eligibility criteria for them are attached as Appendix C
of this MOU. The UC‑AFT further understands and agrees that the
University may at its option during the term of this MOU make changes in leave
policy. If the University does so,
such changes will apply to eligible NSF to the same extent as they apply to
other academic employees. The
University shall, if feasible, provide the UC‑AFT with at least thirty
(30) calendar days advance notice of changes in leave policy. The parties agree to make reasonable
efforts to meet in advance of implementation to discuss any changes; failure to
meet will not affect the implementation of any changes. Any alterations proposed by the
University which affect only NSF shall be subject to meet and confer with
respect to the proposed changes before implementation of said changes. Whenever possible, NSF on leave agree
to assist and consult with colleagues who, with the approval of the department
chair, are able and willing to carry on the duties which the NSF is unable to
perform while on leave.
2.
NSF shall be advised in
writing of the reason(s) for denial of a leave request, and the reasons shall
not be capricious or unreasonable.
3.
No NSF shall be denied
reappointment, promotion or merit increase as a result of application for, or
receipt of, requested leaves.
4.
No NSF shall have his
or her duties unreasonably modified upon return from leave. The NSF, whenever possible, agrees to
consult with and assist the department chair in the determination of the
reassignment. For the purpose of
review for reappointment the following provision shall apply:
For NSF not on continuing appointments
who have been granted child bearing leave, parental leave, or active service
modified duties, for at least one quarter/semester, the time need not be
counted towards years of service as defined in Article 7. a. 5. and Article 7.
b. 2., at the request of the NSF.
5.
No leave will be for a
period beyond the ending date of appointment.
6.
A paid leave of absence
shall not be granted at a percentage of time greater than that of the
appointment.
7.
A NSF on an approved
leave of absence without pay may elect to continue University provided benefits
in accordance with the University's benefits regulations. A NSF who so elects must make arrangements
with the University, prior to commencement of the leave, to pay the entire
premium amount her/himself.
8.
If the eligible NSF is
on leave without pay more than half a calendar month, sick leave, vacation,
seniority credit and retirement credit do not accrue.
9.
The University, at its
sole discretion, may place an individual on administrative leave with pay. The University will communicate the
reason for the administrative leave to the NSF as soon as feasible. If the administrative leave lasts
longer than twenty-one (21) days, a written explanation of the intent, reason
for, and expected duration of the leave will be provided no later than the
twenty-first day.
10.
The University shall
not retaliate against NSF as a result of their requesting or being granted
leave under this article.
B.
Grievability
and Arbitrabilty
1.
The provisions of this
Article are subject to Article 32 Grievance Procedure.
2.
Only sections A2, A3, A4 and A10 and the
procedural issues of this article are subject to Article 33 Arbitration.