A. Employee Benefits

A. Employee Benefits

1.Definition. The ̾Ƶ (̾Ƶ) benefit program is the sum of the components
described below. These employer-sponsored benefit plans are available to employees as indicated, unless they are otherwise covered by a collective bargaining agreement.

2.Authority. The Board of Trustees (BOT) delegates to the designated committee of the Board of Trustees oversight responsibility for the administration of the employee benefits program. Oversight and authority will be described in Trustee Charters, By-Laws, and/or BOTpolicy.

2.1The BOTreserves the right to amend or terminate components of ̾Ƶ's benefits program at any time.

2.2The BOTdelegates to the Chancellor the authority to design ̾Ƶ's benefits program according to financial and benefit parameters authorized by the BOT. The Chancellor shall report to the designated committee of the BOTat least annually on the effectiveness and suitability of the current program with recommendations for changes to such program, if appropriate.

2.3The BOTauthorizes the Chancellor to produce and/or authorize the production of any materials necessary to accurately describe the terms and conditions of each benefit plan.

2.3.1 ̾Ƶ Human Resources produces, distributes, and/or postsmaterials that describe the terms and conditions of each benefit plan.

2.3.2 ̾Ƶ Human Resources is responsible for determination and selection of benefit vendors and carriers, interpretation of policy and eligibility status, exceptions to policy, and payment and reconciliation of benefit accounts.

2.3.3As delegated, each institution's Human Resources is responsible for communication and dissemination of benefit information on its campus.

2.4The component institutions may adopt such institutional policies as are necessary to meet therequirements of ̾Ƶ's benefits programs.

3.Benefits Provided to All Employees. Some benefits are provided to all status and adjunct employees and arecovered in part through contributions by ̾Ƶ.

3.1 Workers' Compensation Benefits

3.1.1Description. The New Hampshire Workers' Compensation law, RSA 281-A, covers all employees and volunteers. It provides non-taxable payment for loss of earnings and payment of medical expenses due to injury, occupational disease, or death arising out of and in the course of employment. It is not considered compensation under IRS regulations.

3.1.2 Authority and Responsibility. ̾Ƶ shall comply with all applicable federal and state laws and regulations regarding the administration of the Workers' Compensation program and shall have oversight responsibilityfor Workers' Compensation policy and budget.

3.1.2.1Institution. Each component institution shall adopt such institutional policies and practices as are necessary to comply with New Hampshire Workers' Compensation Law, and shall be responsible for the administration for Workers' Compensation. Institutional responsibilities include the following:

3.1.2.1.1Establish and administer a Work Safety Committee, with a minimum of four members, composed of equal numbers of employer and employee representatives. Employee representatives shall be selected by employee constituency groups or collective bargaining representatives.

3.1.2.1.2Each year the Campus Work Safety Committees will document their campus safety program, including specific rules and regulations regarding worker safety and references to disciplinary actions for violations of such rules and regulations, and submit it to the Office of Environmental Health & Safety.

3.1.2.2Supervisors. Supervisors are responsible for compliance with and implementation of institutional policies and practices regarding the Workers' Compensation programs.

3.1.2.2 Employeeresponsibility. For an injury occurring during working periods, employees are required to promptly submit an accident report to their immediate supervisor, Human Resources, or other appropriate administrator, so the campus can file the First Report of Injury or Illness with the State of New Hampshire's Workers' Compensation Review Commission and/or ̾Ƶ Workers' Compensation insurance carrier.

3.1.3Medical documentation is required to support Workers' Compensation claims and concurrent implementation of Family Medical Leave (see USY V.C.19), Earned Time/Sick Pool for statusnon-exempt employees, and Sick Leave/Interim Disability for status exempt staff. If, after three months of absence, such documentation indicates absence from work will extend six months or longer, the status employeemay beeligible to apply for Long Term Disability (see USY V.A.8.1) and should contact ̾Ƶ Human Resources.

3.1.4 Payment. Workers' Compensation payments are based on federal and state laws.

3.1.4.1Status employeeswho have paid leave may supplement the Workers' Compensation benefit by electing to use applicable accumulated paid time/leave; however, the combination of paid leave plans and Workers' Compensation benefits shall not exceed the employee's regular budgeted salary.

3.1.4.1.1 Employeeson the Earned Time (ET)program who choose to supplement Workers' Compensation must use ETfor the first five calendar work days before they may supplement with their Sick Pool Leave (see USY V.A.4.9.5). ETwill be accrued on that portion of time represented by the Non-Workers' Compensation portion of the payment and is accrued only on the first 15 calendar workdays of Sick Pool usage.

3.1.4.1.2If using accrued paid leave, exempt staff members will continue to accrue Vacation and Sick Leave on that portion of time represented by the Non-Workers' Compensation portion of the payment.

3.1.5 Position Status. While on approved Workers' Compensation leave, an employee'sposition will normally be held for 18 months from the date of absence due to the work-related illness/injury. If the disability continues beyond 18 months, the position will not be held for the individual.

3.1.6Continuation of Benefits. With the exceptions noted below, a status employeewill be eligible to continue applicable coverage under the ̾Ƶ benefits program for up to 18 months by continuing theiremployee contributions. (See also USY V.A.8.2)

3.1.6.1 Employeeswill be billed for benefit contributions unless the employeeis being paid accrued leave time with enough value to cover the benefit costs. Benefits will terminate if the employeefails to pay theirportion of the benefit premiums.

3.1.6.2If the employeeis receiving accrued paid leave with Workers' Compensation payments, retirement contributions can be made only on the leave payment, not the Workers' Compensation payment. The Tuition Benefit will be in effect for spouse and eligible children, but only authorized for the employee's personal use on a case-by-case basis in conjunction with an approved Workers' Compensation program.

3.1.7 Return to Work. Medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to return to work. Reasonable accommodations shall be made consistent with the guidelines of the Americans with Disabilities Act (ADA).

3.1.7.1Upon written request and medical release, an employeemay return to his/her position of employment for up to 18 months from the date of injury.

3.1.7.2If the position has been eliminated, an employeeshall be placed in any other vacant position for which qualified.

3.1.8 Re-hire. If an employeemember is able to work following a period of Workers' Compensation which extended beyond 18 months or the position was not held, the individual may apply for positions within ̾Ƶ. If rehired, a status employeeshall receive credit for prior years of service as referenced in USY V.C.11.

3.1.8.1Medical documentation concerning a former employee's ability to return to employment following a long-term Workers'Compensation leave will be required.Reasonable accommodations shall be made consistent with the guidelines of the Americans with Disabilities Act (ADA).Temporary Alternative Work Assignments. In an effort to facilitate the employee’s return to work, ̾Ƶ shall develop temporary alternative work options, when appropriate, for employees on Workers' Compensation who can return to work, but are unable to immediately resume all of the functions of their positions. Temporary alternative work options shall be limited and transitional in nature with job requirements that will increase incapacity as the employee’s work capacity increases. If the employee fails to accept a temporary alternative work assignment, Workers' Compensation may be reduced or terminated.

3.2 Employee Assistance Program (EAP). The EAP provides outside professional counseling, assessments and referrals for employees and their eligible family members to assist in resolving problems such as alcoholism, drug abuse, marital conflicts, and workplaceissues (see also USY V.D.5.24).

3.2.1 Eligibility. All status and adjunct employees and their spouses/eligible dependentsare eligible to participate in the EAP. This benefit does not apply to student workers.

3.2.2 Coverage. The employee, theirspouse, and dependent children will receive a number of free visits to the EAP for each situation.

4.Benefits Available to Status Employees

4.1Description. All status ̾Ƶ employees are eligible to participate in the benefits plans described below. The percent time of appointment and/or salary may determine the employee contribution amounts.

4.1.1Visiting Faculty and Job Exchange.

4.1.1.1Visiting faculty members who are not eligible to retain their home institution's benefits are eligible to participate in the ̾Ƶ benefits program if they are appointed 75% time or more.Visiting faculty members appointed at least half-time for the full academic year who are eligible to retain their home institution's benefits are not eligible to participate in the ̾Ƶ benefits program. However, they and their dependents are eligible for the tuition benefit. In cases where a visiting faculty member retains their home institution's benefits but is unable to retain the medical benefits portion of the program, they will be provided ̾Ƶ medical benefit options. Job Exchange. An employee on an exchange program at ̾Ƶ is expected to retain the benefits of their home institution. However, their spouse and dependent children are eligible for the tuition portion of the benefits program. In cases where the medical benefits plan from the home institution is not transferable, the employee on the exchange program will be provided ̾Ƶ medical benefit options.

4.1.1.2Visiting faculty members appointed at least half-time for the full academic year who are eligible to retain their home institution's benefits are not eligible to participate in the ̾Ƶbenefits program. However, they and their dependents are eligible for the tuition benefit.

4.2Eligibility for Benefits. ̾Ƶ definitions for coverage of spouses and/or dependents are defined in plan summary documents for each benefit. Those documents will include coverage for the spouse (and the dependents of such spouse) of ̾Ƶ employees who are legally.

4.3Flexible Benefit Plan.

4.3.1Authority. ̾Ƶ Human Resources shall establish a Flexible Benefits Plan. The plan shall be a 125 plan under IRS regulations which allows employee benefit contributions to be made on a pre-tax basis, and the plan is subject to other federal laws and regulations.

4.3.1.1 Definition. The USNH Flexible Benefits Plan shall provide eligible status employees with an opportunity to select coverage and plan features from a variety of Medical, Dental, Life and Long-Term Disability options as well as opportunities for a Flexible Spending Account for medical expenses not covered by the plan and/or for child care expenses.

4.3.1.2 ̾Ƶ Human Resources shall establish the design, terms and conditions of each plan, the conditions and time frames for ̾Ƶ’s annual Open Enrollment, plan year dates, and Flexible Benefits coverage options, and shall be responsible for selection and contracting of vendors for the Flexible Benefits Plan.

4.3.1.3 Premium rates are set annually, based on market costs.

4.3.2 Effective Date of Benefits Coverage for Medical, Dental, Life Insurance, Long Term Disability and Flexible Spending Accounts. Flexible benefits and enrollment in a Flexible Spending Account will be effective the first day of the month following the date of appointment if the employee completes enrollment within 30 days oftheir appointment date.

4.3.2.1 If the employee fails to meet the enrollment deadlineas noted above, they shall not receive benefit coverage. The employeemay enroll during the next annualOpen Enrollment.

4.3.3 Open Enrollment. Once each year, employees will be given the opportunity to make changes or initially select their plan options. New coverage is effective on January 1 of the following year.

4.3.3.1Coverage selections made by an employeeare irrevocable during the plan year and may be changed only during the annual Open Enrollment, unless the employeehas a qualifying life event change as notedin section USY V.A.4.3.5.

4.3.4 Qualifying Life Event (QLE). A QLEis defined by IRS regulations and includes such events as marriage, divorce or legal separation, the addition of a dependent by birth or adoption, gain or loss of spouse's employment, involuntary loss of spouse's medical coverage, death of a spouse or dependent, change in ̾Ƶ employment status or taking an unpaid Leave of Absence (see USY V.C.16).

4.3.6.1 Employeesmust notify ̾Ƶ of a QLEwithin 30 days of the qualifying event in order to be eligible to change their coverage selection. Changes in coverage must be consistent with the QLE and, based on proper notification, will be effective on the date of the event.

4.3.5 Leave Status. Employees on a paid or unpaid Leave of Absence are permitted to maintain their coverage in the Flexible Benefits Plan. When applicable, employees will be billed by Campus HRfor the appropriate employee/employer benefitcontributions.

4.4 Accidental Death and Dismemberment Insurance for Police and Public Safety Officers Killed in the Line of Duty

4.4.1Description. If a ̾Ƶ police or public safety officer dies while in the line of duty, a $100,000 death benefit will be paid to the beneficiary designated by the employee. If there is no designated beneficiary at the time of the employee's death for any amounts of benefits payable because of death, that amount will be paid to the employee’s estate. (See summary plan description for additional information.)

4.4.1.1"Police officer" shall include all status ̾Ƶ employees classified as Public Safety Officers I, II, III, IV, V or VI as well as Police Captains, Police Sergeants, Police Lieutenants, and Directors/Assistant Directors of Campus Safety and Security.

4.4.2Eligibility. This benefit shall be paid in addition to any other benefits (such as Life Insurance and AD&D) the employee elected and enrolled in at ̾Ƶ including any life insurance benefits provided by their collective bargaining contract.

4.4.3Contributions. There is no employee contribution for this benefit.

4.4.4Enrollment in this benefit is automatic and begins the first day of appointment.

4.5Other Insurance Benefits.

4.5.1Authority. ̾Ƶ Human Resources may establish insurance benefits in addition to the Flexible Benefit plan. These will have no employer contribution. These optional insurance plans may provide employeeswith the opportunity to select coverage and plan features for such programs asLong-Term Care Insurance, Vision coverage, Hospital Indemnity, and Short-Term Disability coverage. These programs are normally paid through employee payroll deductions.

4.6 ̾Ƶ's 403(b) Retirement Plan.

4.6.1 Description.̾Ƶ offers its eligible employees the opportunity to participate in a 403(b) voluntary defined contribution retirement plan. The Summary of Plan Provisions describes plan information, including, but not limited to eligibility, enrollment, contribution levels, vesting (including breaks in service), beneficiaries, withdrawals, involuntary termination, additional retirement contributions, and annual limits. The Plan is subject to federal laws, such as the Internal Revenue Code (IRS) and other federal and state laws. The provisions of the Plan are subject to revision due to changes in laws or to pronouncement(s) by the IRS.

4.6.1.1Enrollment.All new hires, eligible for the 403(b) plan, will be automatically enrolled at the 2.5% employee contribution rate (with the associated 4% employer match). These funds will be directed to a target-date investment with one of our vendors. Enrollees are strongly encouraged to review their investment options and adjust their contributions or opt out prior to the entry date (the first of the month following eligibility.)

This is a voluntary retirement plan and enrollees can stop participating at any time. Retirement contributions begin on the first day of the month following eligibility.

4.6.1.2 403(b) Plan Contributions. Both ̾Ƶ and the participant contribute a percentage of regular budgeted salary every pay period. Employeecontribution options are outlined in the Retirement Summary Plan provisions along with enrollment and other information. Plan participation and contributions, including changes in contribution level,begin the month following enrollment and/or change in the ̾Ƶ Retirement Plan. In any pay period where there are no employee contributions, for any reason including reaching IRS maximums, there will also be no employer match.

4.6.1.3Additional Retirement Contribution (ARC). In 1994 benefits-eligible employees hired prior to 6/30/1994 had the opportunity to choose an Additional 1% Retirement Contribution (ARC) made by ̾Ƶ or the Medicare Complimentary Plan (MCP). Those who chose ARC and those hired and enrolled between 1994 and June 30, 2011 receive this additional 1% ̾Ƶ contribution to their retirement plans. Those who chose the MCP receive the regular contribution amounts.

4.6.1.4 Contribution based on Salary over the IRS Permitted Level. ̾Ƶ does not consider regular budgeted salary in excess of the IRS prescribed limit. The limit is indexed for inflation per IRS Section 401(a)(17)B for the purpose of calculating contributions to the ̾Ƶ's defined contribution retirement plan. Retirement vendor rules regarding personal annuities apply.

4.6.1.5 Vesting of contributions. Employees are fully and immediately vested in the accrued benefits arising from their contributionsas well asemployer contributions.

4.7Tuition Benefit Plan.

4.7.1Authority. ̾Ƶ Human Resources shall be responsible for the developmentand administration of the Tuition Benefit Plan.

4.7.1.1 Campus Human Resources is responsible for determining eligibility for tuition benefits for employeesand spouse or dependent children.The Vice President/Dean of Student Affairs will verify eligibility of campus chaplain and ROTC personnel, spouses, and their dependent children by providing a list of eligible participants to the campus office responsible for personnel administration no later than the Monday preceding the first day of classes.

4.7.2Employee Tuition Benefits

4.7.2.1 Description. For employees, the Tuition Benefit covers enrollment in any regular credit courses offered by ̾Ƶ institutions with a ̾Ƶ course identifier, and where the tuition is paid to a ̾Ƶ entity. This benefit includes full employer paid coverage at the in-state rate of tuition (equals the tuition rate charged to New Hampshire residents and varies by institution and program) for both the courses and any mandatory fees that all students are assessed as a prerequisite for registration, unless specifically exempt. The costs for food and/or accommodations are not covered.

4.7.2.2 Eligibility. An employee is eligible for the Tuition Benefit following six months of employment in a status position (see USY V.C.8.1), provided that faculty will be eligiblefollowing two (2) semesters of benefits eligible employment. An employee or faculty member must be employed in a status position for one year on or before the first day of classes in the semester for which application is made for a Tuition Benefit for their spouse/dependents (see USY V.A.4.7.3). Flex-year employees remain eligible for Tuition Benefits during periods of non-active service.

4.7.2.2.1Coverage. The level of coverage for the Tuition Benefit (payment for courses - credit and/or noncredit) is up to five (5) courses in a fiscal year. Part-time Clinical Faculty with status appointments of at least 50% are eligible for the Tuition Benefit.

4.7.2.2.2 Non-credit Course Benefit. The plan also provides a 50% Tuition Benefit for non-credit courses for employees only. Mandatory fees for non-credit courses that all students are assessed as a prerequisite for registration, unless specifically exempt, will be paid under this benefit. The costs for food and/or accommodations are not covered. The benefit is included with the total number of courses permitted and outlined in USY V.A.4.7.2.2.1.

4.7.2.2.3 The Tuition Benefit Plan does not apply to institutes or courses offered by other educational institutions on campuses of ̾Ƶ.

4.7.2.2.4The basic measure of the tuition benefit is by course rather than by credit hour. For example, both a two-hour course and a four-hour course will count as one (1) course.

4.7.2.2.5If an employeechooses to enroll for more courses/credits than those provided for in USY V.A.4.7.2.2.1above, theywill be charged for the additional tuition at the in-state rate.

4.7.2.2.6 Approval by the employee's supervisor is required in order for an employeeto enroll in a course that is scheduled to meet during theirnormal work hours.

4.7.2.2.7 The employee tuition and/or family tuition benefits are also available to campus Chaplains and ROTC personnel, spouses, and their dependent children in accordance with the terms and conditions as outlined in this policy.

4.7.3Spouse and Dependent Children Tuition Benefit.

4.7.3.1Description. The spouse and dependent children of status employeesmay enroll in any of the regular credit courses offered by ̾Ƶ at one-half of the current in-state tuition rate. The Tuition Benefit policy applies to official student exchange programs (has a ̾Ƶ course identifier, and the tuition is paid to a ̾Ƶ entity), in which the student remains fully registered at theirhome institution and also covers administrative fees paid by students in the junior year abroad program.

4.7.3.2Eligibility -- Children. For the purposes of this benefit, children are considered dependent if, at the time of class registration, they are unmarried, have not reached the age of 24, and are dependent on the employee for more than half of their financial support.

4.7.3.2.1 This benefit is not cumulative; that is, if both parents are employed by ̾Ƶ, the benefit is one-half of the current in-state tuition for their dependent child or children.

4.7.4Employer Paid Tuition Benefits for Children of Deceased Employees. Children of deceased employeeswho, at time of death, were either a tenured faculty member or had been employed in a status position for at least oneyearare entitled to the same educational benefit as indicated above.

4.7.5Termination. An employeewho terminates during a semester, in which the educational benefit is being used, shall be responsible for a pro-rated portion of the benefit provided to the employee, spouse and/or dependent children (see USY V.F.10.4.12).

4.7.6Taxability. ̾Ƶ will comply with all state and federal laws regarding the taxation of tuition benefits.Graduate Tuition benefits are subject to taxation through the employee’s payroll check and required taxes will be withheld.

4.8Paid Holiday Leave.

4.8.1Authority. Eligible status employees will receive paid leave for fourteen holidays designated by ̾Ƶ Human Resources.

4.8.2Designated paid holidays. The following days are designated as paid holidays, and all facilities will be closed except for essential operations: New Year's Day; Martin Luther King Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day and the day after; and Christmas Day. In addition, there will be four additional holidays at year-end, with dates specified by ̾Ƶ Human Resources.

4.8.3Eligibility. To receive paid holiday leave, an employeemust hold a status appointment; their appointment dates must encompass the holiday, and theymust not be in a Leave Without Pay situation immediately prior to or following a holiday. If an employeeis on paid leave when a designated holiday occurs, theywill receive paid holiday leave, and the time will not be charged as PersonalTime. Employees covered under a CBA should refer to their CBA to determine eligibility or alternative paid holiday schedule.

4.8.3.1Percent time appointments. An employee appointed in a status position of at least 75% time earns holiday benefits based on their percent time of appointment, based on the employee's working schedule and when the holidays fall (see USY V.F.5.2).

4.8.3.2Academic Year Faculty. Holidays for faculty members with academic year appointments are determined by the academic year calendar.

4.8.4Holidays occurring on weekends. For those employees who normally work from Monday through Friday, the following applies: when a common holiday falls on a Saturday, the preceding Friday is the official holiday, and when a common holiday falls on a Sunday, the following Monday is the official holiday.

4.8.5Special considerations for Non-Exempt Employees. When a designated holiday falls on a full-time non-exempt employee's day off, theymay take the same number of holiday hours off with pay during the same or following week; or, if approved by the supervisor, be paid for the holiday hours (see USY V.F.7.3.6) thatthey areentitled to at theirusual pay rate. (For percent time employeessee USY V.F.5.2.2.1)

4.8.6Special considerations for Exempt Employees. If an exempt employeeisrequired to work on a holiday, theywill be granted another day off with pay in lieu of the holiday at atime approved by the supervisor.

4.9 UTime – Paid Time Off for Employees' Short- and Long-Term Absences.

4.9.1 Eligibility.Status employees are eligible for Paid Time Off benefits except for employees who arecovered by a collective bargaining agreement (CBA) that does not explicitly reference UTime. Employees covered under a CBA should refer to their CBA to determine eligibility for UTime or alternative paid leavebenefits.Also, refer to specific guidelines and/or ̾Ƶ policy designations, including applicable “grandfathered” ̾Ƶ policies.

4.9.2 Immediate family member. For Paid Time Off and leave associated with the needs of an immediate family member, such qualified individuals are defined as: a child, stepchild, or grandchild, a biological, adoptive, or foster parent, stepparent, or legal guardian of the child or the child’s spouse or domestic partner, a parent-in-law,a biological, adoptive, or foster grandparent or step grandparent, or a spouse or domestic partner, or other family members living in your household.

Employees covered under a CBA shall follow the definitions contained therein. Unpaid leaves, covered by FMLA, will follow the definitions established under those federal regulations.

4.9.3 Accrual.Unless otherwise stated, Paid Time Off benefits are earned from the first day of employment and may be used after they are earned. For the following policies, a regular day is considered 8 hours; a workweek is 40 hours; anda bi-weekly work period is 80 hours. Accrued Paid Time Off benefits include Personal Time and Sick Time, as well as Compensatory Time and Earned Time (as applicable). Actual accruals, deductions and salary continuation will be based on work schedules and years of service. Paid Time Off benefits will not accrue when an employee is not actively working (except for absences covered by Compensatory Time, Personal Time, Sick Time or banked Earned Time).

4.9.4 It is the responsibility of the employee and their supervisor to maintain accurate records that verify the use of Paid Time Off and Paid Time Off balances, utilizing ̾Ƶ time and leave management processes.Human Resources will assist with the recordkeeping of extended absences, in conjunction with Supervisors and third-party administrators (e.g., for Disability, FMLA, Parental Leave, etc.).

4.9.4.1 Paid Time Off may not be used to pay for hours that are more than the regular 40-hour workweek (USY V.F.5).Unless otherwise allowed under policy, an employee must use all of their accrued Paid Time Off, as applicable to absence type(including Compensatory Time and Earned Time), before transitioning to unpaid absences.

4.9.4.2 Paid Time Off will utilize any accrued Compensatory Time, first, before accessing other accrued benefits. Accrued Earned Time will be drawn from last. The order of draw down is asfollows:

Personal Time Use = Compensatory Time > Personal Time > Earned Time

Sick Time Use = Compensatory Time > Sick Time > Personal Time > Earned Time.

4.10 Personal Time.The purpose of Personal Time is to provide employees with salary continuation for vacation days and to cover or supplement other out-of-office time to address personal needs not covered by other ̾Ƶ policies.Note:Academic YearFacultyare not eligible for Personal Time, they remain eligible for other UTime provisions.Personal Time is taken at a time mutually agreeable to the employee and theirsupervisor, unless otherwise mandated by policy.Employees are required to timely and accurately submit requests to use Personal Time, which must be timely reviewed and either approved or denied by their supervisor.

Personal Time may not be used to pay for hours in excess of the 40-hour workweek.Institutional policy may establish specific approval procedures for exceptions to this limitation on use of Personal Time, but approval is also required from the ̾Ƶ Chief Financial Officer and the ̾Ƶ Chief Human Resources Officer.

4.10.1 The accrual rate is no more than 18 days per year for the first five years of status employment, and 24 days per year thereafter for a 1.0 FTE assignment. Employees whoare on a flex year schedule or flex-time that isless than a 1.0 FTE (40 hours per week) will accrue time on a pro-rated basis. Employeescan have a maximum of 45 days of Personal Time.

Accrual Conversion Chart - Personal Time (Based on an 80 Hour Pay Period)

Days Hours
Service Bi-Weekly Monthly Annual Hourly Bi-Weekly Monthly Annual
Up to 5 Years 0.692 1.5 18 0.069 5.54 12 144
5 Years or More 0.923 2 24 0.092 7.39 16 192

4.10.2 Cash-out. When an employee’s employment with ̾Ƶ ends (termination, resignation or retirement), they will receive up to 30 days of unused Personal Time aftertheir final paycheck. PersonalTime may not be used to extend employment beyond the last day of work unless an employee will be a ̾Ƶ Retiree (as defined in USY V.C.9.2.1) in which case up to (10) personal days may be used to extend employment from the last day of active service to the effective date of retirement (USY V.C.9.2.2).

4.11 Sick Time. Sick Time is designed to provide salary continuation for short-term and/or periodic absences due to personal medical needs. Medical documentation may be required at any time to substantiate an absence and/or to indicate an employee’s ability to return to work after an illness or injury. For any absences that are expected to last more than 5 days, the employee should contact Human Resources to discuss applying for FMLA protection and/orextended, paid leave alternatives. If an employee doesn’t have a Sick Time balance available, they will use other accrued Paid Time Off, before going unpaid.

4.11.1 Accrual.The accrual rate is no more than 15 days per year if an employee is on a 1.0 FTE assignment. Employees can have up to 60 days of accrued Sick Time.

Accrual Conversion Chart - Sick Time (Based on an 80 Hour Pay Period)

Days Hours
Bi-Weekly Monthly Annual Hourly Bi-Weekly Monthly Annual
0.577 1.25 15 0.058 4.62 10 120

4.12 Paid Family Care.An employee may use up to 30days of accrued Sick Time as Paid Family Care per fiscal year (July 1 - June 30) for the medical needs of an immediate family member, including support from an illness, accident or medical appointments. Paid Family Care may also include time for activities related to the administration of long-term care for an immediate family member (such as in a nursing facility or hospice). Paid Family Care runs concurrent with FMLA, if applicable.If an employee uses all 30 PaidFamily Care days, or has exhausted available Sick Time, future absences for reasons normally covered by the Paid Family Care benefit, including absence to care for an ill family member, would require using all other accrued Paid Time Off to cover the absence before going unpaid.

4.12.1 Military Deployment. Paid Family Care can be used to cover time off for any qualifying exigency arising from an eligible family member’s military deployment. This could include attending military events, childcare and school activities, caring for a military member’s parent, time for counseling, rest and recuperation, financial or legal aid, and other post-deploymentrelated activities.

4.12.2 Employee’s Own Serious Medical Condition. Paid Family Care may also be used for an employee’s own, ongoing, serious medical condition (as defined by the Family Medical Leave Act), which is periodic in nature and not eligible for Short Term Disability (USY V.C 4.14). Use of Paid Family Care for this purpose will be approved and managed by Human Resources.

4.13 Parental Leave. The purpose of Parental Leave is to provide employees with salary continuation for up to 6weeks, to take time off for maternity,paternity and child bonding, including the transition of a child through adoption or surrogacy, or long term placement of a child (defined as 30 or more days) as a kindred or private foster care provider. Date of birth or placement must occur on or after the first day of employment.If an employee is also covered by the Family and Medical Leave Act, Parental Leave will run concurrent withFMLA.

4.13.1 Parental Leave canbe taken in consecutive days, or intermittently on an approved schedule,within 12 monthsof the effective date of the cause for Parental Leave. Parental Leave may also be used by an additional, eligible, ̾Ƶ employee for the same cause. Future eligibility will be on arolling 12-month period from the effective date of the last use of Parental Leave.Parental Leave can be taken in either half or full day increments. Parental Leave may be extended by up to 3 additional weeks through coordination with Human Resources, by supplementing that time with accrued Sick Time, then other Paid TimeOff prior to taking it unpaid.

4.14 Short-Term Disability. The purpose of Short-Term Disability (STD) is to provide an employee with salary continuation for a total disability due to a non-occupational accident or illness, for up to 26 weeks. Short-Term Disability cannot be taken on a partial or intermittent basis or to supplement another leave type. The date of disability must be on or after the first day of employment.

4.14.1 Elimination period. Benefits begin the first day of total disability following a non-work-related accident, or on the eighth day of total disability due to illness (including medical maternity).

4.14.2 Salary continuation.After the elimination period and through week 8 (calendar day 56), approved STD benefits will be 100% of an employee’s current salary. From week 9 through week 26(calendar day 182), the benefit will be 60% of the employee’s salary.

4.14.3 Supplementing Short Term Disability. An employee can cover the one-week elimination period and/or supplement the 40% salary gap by using accrued Sick Time (or other Paid Time Off, if Sick Time has been exhausted).

4.15 Bereavement Leave.An employee is entitled to five days of Bereavement Leave if an immediate family member (USY V.A. 4.9.2)dies, and one day of Bereavement Leave if other relatives (noted below) die.

4.15.1 Other relatives include the employee’s brother-in-law, sister-in-law, uncle, spouse’s uncle, aunt, spouse’s aunt, nephew, spouse’s nephew, niece, spouse’s niece, spouse's grandparent, great uncle, spouse’s great uncle, great aunt, spouse’s great aunt, first cousin and spouse’s first cousin.

4.15.2 Additional Time Off. If additional time off is necessary due to the death of a family member, arrangements may be made with Human Resources to permit the employee to use accrued Paid Time Off (applicable based on the reason for the extension) prior to taking time off without pay.

4.15.3 Documentation.An employee’s immediate supervisor or Human Resources may request supporting documentation to confirm Bereavement Leave.

4.16 Community Service. ̾Ƶ encourages employees to become involved in our community—to provide voluntary support of programs that positively impact the quality of life within our employees’ community. The following guidelines apply to community service through a non-profit community program of a personal interest, or as part of a campus-sponsored activity.

4.16.1 An employee may take up to 8 hoursof paid time during one working day per fiscal year to participate in a volunteer program. Supervisors must approve Community Service program participation at least 15 days before the program begins, to allow for the coordination of work-related responsibilities.

Volunteer time should not conflict with peak work schedules, result in cancellation of classes, create a need for overtime, cause conflicts with other employee’s schedules or otherwise run counter to Conflict of Interest (USY V.D.7) or Political Activity Regulations (USY V.D.8). If a conflict arises, or the requested activity does not fall within established guidelines, the request may be denied.

4.16.1.1 Eligible activities include, but are not limited to, the following:

  • Volunteering with a non-profit, charitable organization, such as United Way, Habitat for Humanity, humane shelters, family assistance services, etc.
  • Assistance with grade school activities, such as reading or writing assistance, or chaperoning field trips
  • Staffing or donating to a blood drive, such as those sponsored by the Red Cross.
  • Providing support to a campus-specific community service event (such as those shown under).

4.17 An employee is eligible for Military Leave for the purpose of reserve training or otheractive duty required by the individual's Uniformed Services Employment in accordance withUSY V.C.17.

4.18 Time off Benefits for Non-Exempt Employeescovered by CBA.

4.18.1Description. Status non-exempt employees may cover absences with Earned Time (ET). ET covers absences for Vacation, Sick Leave, Interim Disability, Bereavement Leave, Maternity Leave, and Short-Term military Leave.Unused ET may also be received as a payment in cash at the time of voluntary termination or retirement. ET is available as soon as it is "earned." The exact amount of ET accrued each year will depend on the years of service to ̾Ƶ.

4.18.2 Eligibility. All non-exempt employees who are employed in a status position.

4.18.3 Accrual Rate. Non-exempt employees accumulate ETbased on the number of hours they work in their budgeted position and their number of years of status employment within ̾Ƶ.

For the purpose of this policy, one year of employment will equal 12 consecutive months of employment from date of hire. Non-exempt employees accumulate ETbased on status pay hours up to those hours budgeted, and worked for the position, and years of employment to ̾Ƶ. There is no maximum accumulation of ET.

Accrual Rate for those with current status employment start dates effective to July 1, 2011 or later:

Years of Employment Rate Earned Per Hour Approx. Days Per Month
At Least Hire Date up to 12 .092 2.000
At Least 12 and over 12 .125 2.718

Accrual Rate for those with current status employment start dates prior to July 1, 2011:

Years of Employment Rate Earned Per Hour Approx. Days Per Month
At Least Hire Date up to 6 .092 2.000
At Least 6 up to 12 .111 2.416
At Least 12 up to 18 .130 2.833
At Least 18 and Over .149 3.250

4.18.4 Earned Time Use. ETmay be used any time after the pay period in which it is earned, including during the employee's introductory period. All planned absences will be mutually agreed upon by the employee and their supervisor prior to the date of absence.ET may be used without prior approval when personal emergencies prevent prior approval. In such cases, the employee is responsible for notifying the supervisor of the absence due to a personal emergency.If the employee’s ET includes an approved holiday, they will receive the holiday pay, and the time will not be charged as ET.

4.18.4.1 Increments. ETshould be used in units of one-quarter hour or more.

4.18.4.2 When ETis used to cover work time lost due to illness or injury, medical documentation may be required at any time to substantiate an absence and/or to indicate the ability of the individual to return to work following an illness or injury (see USY V.C.12.2).This may also indicate the need for use of the Family Medical Leave Act and the need to contact Campus Human Resources for information concerning Long-Term Disability (see USY V.A.8.1)

4.18.4.3 Minimum Usage. Minimum usage is calculated each pay period at 45% of the ET accrued for that pay period. The total number of minimum usage hours derived from this calculation is compared to the total number of ET hours used at the end of the fiscal year. If the minimum usage requirement has not been met by June 30, remaining minimum usage hours will be subtracted from the employee's ETbalance prior to its being carried forward into the new fiscal year.New non-exempt employees hired prior to January 1 will be required to satisfy the minimum usage requirement by June 30 of the end of their first partial year of employment.Computation of minimum usage will occur as of June 30 of each year. Employees with less than six months of service are exempt from minimum usage requirements. Hours converted into the Sick Leave Pool do not count toward minimum usage requirements.

4.18.5 Sick Pool.

4.18.5.1 Description. The Sick Pool is intended to provide additional security by allowing employees the opportunity to exchange EThours for Sick Pool hours at the equivalent rate of three Sick Pool hours for each hour of ET. Each institution establishes a one-month period each year for "open enrollment" in the Sick Pool. In addition, an employee who completes their initial introductory period will then be allowed a 30 day period to convert accrued EThours to Sick Pool hours.

4.18.5.2 Sick Pool hours is used for extended periods of illness or injury and arenot eligible for pay outat retirement or termination. ETbenefits accrue only during the initial three weeks (15 working days) of each separate use of the Sick Pool.

4.18.5.3 Usage of Sick Pool commences with the sixth consecutive day of absence from work due to illness or injury. ET may be used to cover the initial 5 day period.A physician's report must accompany the request to use Sick Pool. Periodic updates from the employee’s physician may be required.The use of the Sick Pool may indicate the need for FMLA. After three months of absence from work, the employee should contact the ̾Ƶ Human Resources Office for information concerning Long-Term Disability (see USY V.A.8.1).

4.18.5.3.1 Campus Human Resources may grant an exception to the policy that requires the usage of the equivalent of five (5) ETdays before being permitted access to the Sick Pool when either of the following circumstances occur: (1) when an employee returns to work after using Sick Pool but is disabled again within 10 working days, or (2) when the disability is certified by a physician to be the same as for the original use or from the same cause as the original Sick Pool usage.

4.18.5.4The maximum Sick Pool an employee may accumulate is the equivalent of 150 days (1,125 hours for those on a 37.5 hour work week and 1,200 hours for those on a 40-hour work week). An employeemay add to their Sick Pool once each fiscal year according to the procedures adopted by each individual institution.

4.18.5.5Exhaustion of ET/Sick Pool. An employeeon an approved absence who has used all ETand Sick Pool will be placed on Leave Without Pay. If the illness/injury qualifies for FMLA leave (see USY V.C.19), benefits will continue for the period of the FMLA (see USY V.C.19). Other continuance of benefits during a leave without pay is set forth in USY V.C.16.

4.18.5.6Position Status. When there is supporting medical documentation of an employee's absence due to illness or injury, ̾Ƶ will normally not terminate an individual from their position for six months from the first date of absence. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or covered by Workers' Compensation.

4.18.5.7Return to Work. Following a period of absence due to illness/injury, medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to returning to work (see USY V.C.12.2).

4.18.5.8 Use of Sick Pool for Family Leave. Non-exempt employees with at least one year of statusservice may use up to a maximum of 10 days of accrued Sick Pool time per fiscal year (75 hours for those on a 37.5 hour work week and 80 hours for those on a 40 hour work week prorated for employees working part-time) for Family Leave. This leave may be used for medical appointments, illness, or medical needs of an immediate family member; prenatal or postnatal care; or for purposes of caring for a new baby or adoptive/foster child after placement and/or for Crime Victim Leave (see USY V.C.20.2). Access to the Sick Pool for the use of family or crime victim leave does not require the prior use of five ET days.

4.18.5.8.1Immediate family member is defined as spouse, parent, legally dependent child, or any person living in the staff member's household.

4.18.5.8.2Bereavement Leave. After supervisory notification, an employeemay use Family Leave for Bereavement Leave. Use of Family Leave for Bereavement Leave follows the same parameters described in USY V.A.4.14.1 and USY V.A.4.14.2.

4.18.6Record keeping. The institution is responsible for maintaining accurate records that verify the usage and current ET/Sick Pool leave balances of each employee.

4.18.7Cash-out of Earned Time (ET) Hours. Eligible non-exempt employeeshave the opportunity during a predesignated month eachcalendar year to cash-out up to a maximum of 80 hours of ET. Thecash-out hours will be paid at the hourly rate in effect at the time of the cash-out. Cash-out payments are subject to taxation.

4.18.8Pay out at Termination, including Retirement. Earned Time may not be used to extend employment beyond the last day of work unless an employee will be a ̾Ƶ Retiree (as defined in USY V.C.9.2.1) in which case up to (10) Earned Time days may be used to extend employment from the last day of active service to the effective date of retirement (USY V.C.9.2.2). Earned Time is paid off at the base rate of pay at time of termination in accordance with USY V.C.10.

4.18.9Conversion from ETto Vacation andSick Leave as a result of change from non-exempt to exempt (For conversion from VacationLeave and Sick Leave to ETsee USY V.A.4.10.7)

4.18.9.1When an employeetransfers, is promoted, or reclassified into an exempt status position, ETbenefits are converted using the following procedure:

4.18.9.1.1If the employee has a total ETaccumulation of the equivalent of twenty (20) or fewer days (160 hours), the total amount accumulated willbe converted to Vacation Leave and transferred with employee.

4.18.9.1.2For any ETcredit in excess of the equivalent of 20 days, an option allowing the remaining accumulation to be either transferred to Sick Leave or Vacation Leave or paid to the employee is provided. In the event an employeeis promoted or transferred into a position that does not accumulate vacation, i.e., an AY faculty position, the employee will be paid accumulated ET.

4.18.9.1.3Sick Pool Hours may be converted to the traditional Sick Leave programatthe rate of the equivalent of three (3) Sick Pool Days (24 hours) for one Sick Leave Day.

4.19 Time off Benefits for Exempt Employees covered by CBA.

4.19.1Eligibility. All members of the fiscal year faculty and exempt employees who are employed in a status position are eligible for VacationLeave. Vacation Leave is earned from the first day of employment and may be used after it is earned. Vacation Leaveis taken at a time mutually agreeable to the employee and the supervisor.

4.19.1.1Faculty. Time off Benefits for faculty members with academic year appointments are determined by the academic year calendar. For those faculty members appointed on a fiscal year basis (12 months) reference USY V.A.4.10.2 for accrual rate.

4.19.2Accrual Rate.

4.19.2.1The accrual rate for eligible Exempt employees is one and a half (1.5) days per month for the first five years of status employment and two (2) days per month thereafter.

4.19.2.1.1Exception. For those with a current status employment start date prior to July 1, 2011, the accrual rate will be two (2) days per month.

4.19.3Flex Year Appointments. Employees with flex year status appointments earn Vacation Leave on a prorated basis.

4.19.4Maximum Balance. The maximum balance at the end of each month is 45 days. The maximum number of days for payout at termination will be 30 days.

4.19.4.1Employees promoted or transferred into a new employee classification, i.e., Exempt and Non-Exempt are entitled to carry their accumulated Vacation Leave with them to the new position. In the event an employee is promoted or transferred into a position that does not accumulate Vacation Leave, i.e., an academic year faculty position, the employee will be paid for their accumulated Vacation Leave/ETprior to reporting to the new position. (For conversion of ETto VacationLeave, see USY V.A.4.9.9)

4.19.5VacationLeave Use. Exempt staff members should use Vacation Leave in increments of one-half day or more. Planned use of Vacation Leave must have the approval of the supervisor prior to taking the leave. Vacation Leave may be used without prior approval when personal emergencies prevent prior approval. In such cases, the employee is responsible for notifying the supervisor of the absence due to a personal emergency. If the employee's Vacation Leaveincludes an approved holiday, they will receive holiday pay, and the time will not be charged as Vacation Leave.

4.19.5.1 Leave Usage. Supervisors are required to grant, at times mutually agreeable,a minimum of ninedays of Vacation/Personal Leave per year for employeeswith less than five years of service from date of hire/rehire and twelvedays of Vacation Leave per year for the employeeswith five or more years of service. Vacation Leave usage is calculated on a fiscal year basis, July 1 through June 30.

4.19.6Vacation Leave Pay outat Termination including Retirement. Vacation Leave days may notbe used to extend employment beyond the last day of work unless an employeeor fiscal year faculty member will be a ̾Ƶ Retiree (as defined in USY V.C.9.2.1) in which case up to ten Vacation Leavedays may be used to extend employment from the last day of active service to the effective date of retirement (USY V.C.9.2.2).Upon termination of employment, employees will be paid their accrued and unused Vacation Time in accordance with USY V.C.10.

4.19.7Vacation Leave during Unpaid Leave. In cases of unpaid leaves of absence, accrued but unused Vacation Leave will be carried forward through the period of the leave. If the employeedoes not return to work any accrued and unused Vacation Leave will be paid at termination in accordance with USY V.C.10.

4.19.8Conversion from Vacation Leave and Sick Leave to Earned Time (ET). When an employeetransfers, is promoted or reclassified into a non-exempt position, Vacation and Sick Leave are converted using the following procedure:

  • Vacation Leave: Ratio 1 full-time day to 8 hours of ET
  • Sick Leave (conversion pro-rated depending on years of service)

4.19.8.1Conversion Table for Transfer of Existing Sick Leave into ET/Sick Pool Days

Accumulated Sick Leave Years of Full-Time Service
0-6 6-12 12-18 18+
0-50 days 1 day/8 hours .75/8 hours .50/8 hours .25/8 hours
51-99 days 1 day/8 hours* .80/8 hours .65/8 hours .55/8 hours
100+ days _ _ _ 1 day/8 hours 1 day/8 hours 1day /8 hours

*A special appeal will be allowed for employees whose Sick Leave converts at less than the 1:1 ratio. Where medical evidence exists to support high usage of Sick Leave, the 1:1 conversion may be authorized by the Campus Human Resources Director.

4.19.8.2If the Vacation Leave conversion exceeds 480 EThours, the additional hours will be automatically converted to Sick Pool hours. The maximum Sick Pool time is the equivalent of 150 days (1,125 hours for staff on a 37.5 hour work week and 1,200 hours for those on a 40-hour work week).Thus, if an employee has a total conversion of 110 days or more, the employee will begin the ETprogram with 480 EThours and either 1,125 or 1,200 Sick Pool hours.

4.19.8.3 Pay Schedule Bridge. Prior to converting Vacation Leave days to ET hours, an exempt employeemay cash out up to five (5) Vacation Leave days at the pre-conversion salary rate to bridge the gap between exempt and non-exempt pay schedules.

4.19.9Record Keeping. It is the responsibility of each department to maintain accurate
records that verify the usage and current Vacation/Sick Leave balances of each employee.

4.20 Sick Leave for those covered by CBA.

4.20.1Eligibility. Faculty and exempt employees with status appointments are eligible for Sick Leave.

4.20.2Description. Sick Leave is designed to provide salary continuation for absences due to personal illness and injury or Family Leave as described below in USY V.A.4.11.2.2. Medical documentation may be required at any time to substantiate an absence and/or to indicate the ability of the individual to return to work following an illness or injury (see USY V.C.12.2).

4.20.2.1If documentation indicates the potential for an illness or injuryto last more than six months, the employee should contact Campus Human Resources for information concerning Long-Term Disability (see USY V.A.8.1).

4.20.2.2Use of Sick Leave for Family Leave. Full-time employeeswith at least one year of benefits-eligible service may use up to a maximum of 10 days of accrued Sick Leave per fiscal year (prorated for percent time staff) for Family Leave. This leave may be used for medical appointments, illness, or medical needs of an immediate family member; prenatal or postnatal care; or for purposes of caring for a new baby or adoptive/foster child after placement. It may also be used for extended Bereavement Leave (see USY V.A.4.11.2.2.2) and/or Crime Victim Leave (see USY V.C.20.2).

4.20.2.2.1Immediate family member is defined as spouse, parent, legally dependent child, or any person living in the staff member's household.

4.20.2.2.2Extended Bereavement Leave. After supervisory notification and the use of Bereavement Leave, an employeemay use Family Leave for extended Bereavement Leave in the event of the death of an immediate family member. Bereavement Leave follows the same parameters described in USY V.A.4.13.

4.20.3Accumulation. Sick Leave accumulates at the rate of 1 1/4 days each month based on a full-time appointment; flex-year appointments accumulate Sick Leave based on their percent time of appointment. The maximum accumulation of Sick Leave is 130 (working) days.

4.20.3.1Introductory Period. Sick Leave is accumulated during an individual's introductory period and may be used the month after it is accumulated.

4.20.4Record keeping. Each department is responsible for maintaining accurate records that verify the usage and current Sick Leave balances of each employee.

4.20.4.1Faculty records. When faculty members are absent from their duties because of illness, and other faculty members assume their responsibilities on a temporary basis, no formal report of absence is required unless the absence exceeds one month or is of a serious nature as defined by FMLA(see USY V.C.19).

4.20.5Position Status. When there is supporting medical documentation of anabsence due to illness or injury, ̾Ƶ will normally not terminate an employee from their position for up to six months from the first date of absence. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or is covered by Worker's Compensation.

4.20.6Return to Work. Medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to return to work (see USY V.C.12).

4.21 Interim Disability Leave for those covered by CBA.

4.21.1Eligibility. Faculty and Exempt employees with status appointments are eligible for Interim Disability benefits.

4.21.2Description. In situations where medical documentation concerning an employee's inability to work indicates that the duration of the illness/injury will cause an absence from work of more than six months, Interim Disability provides the continuation of the individual's salary and benefits up to a total of six months absence from work inclusive of Sick Leave.

4.21.2.1During the period of Sick Leave/Interim Disability, the employeewill be placed on FMLAas outlined in USY V.C.19 and should apply, through ̾Ƶ Human Resources, for Long-Term Disability which may provide income and continuance of benefits following the expiration of Interim Disability.

4.21.2.2If there is a subsequent period of disability after use of all or part of the Interim Disability benefit provided above and if the subsequent disability is unrelated to the first, the policy set forth in USY V.A.4.12.2.1 will apply.

4.21.2.3Should an employee's repetitive disabilities create an inability to perform the essential functions of the position, appropriate action shall be considered, i.e., application for Long-Term Disability (see USY V.A.8.1) or an accommodation as outlined in USY V.C.4.5.

4.21.3Compensation. If accrued Sick Leave is exhausted, and medical documentation states that the employee is unable to return to work, salary is continued for the period of disability through paid Interim Disability Leave up to a total of six months' absence from work inclusive of Sick Leave.

4.21.4Continuation of Benefits. Benefits shall continue during the period of Interim Disability, with the exception of the accrual of Vacation Leave and Sick Leave and personal use of the Tuition Benefit.

4.21.5Position Status. A position will be held during the period of Sick Leave/Interim Disability leave for a maximum of six months from the first date of absence from work. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or is covered by Workers'Compensation (see USY V.A.8.2).

4.21.6 Interim Disability - Pregnancy

4.21.6.1When medical documentation indicates that an employee(for eligibility see USY V.A.4.12.1) is unable to perform their duties and responsibilities because of medical conditions related to pregnancy and/or childbirth, the employee who plans to return to theirpositionmay use accrued Sick Leave/Interim Disability Leave/Family Medical Leave, and theirposition will be held (see USY V.C.19).

4.21.6.2The period of leave is determined on a case-by-case basis from medical documentation. As with all leaves for Interim Disability, the period of leave shall first include the use of accumulated Sick Leave.

4.21.6.3When the employee's medical condition no longer requires absence from work, they areexpected to return to work. However, FMLAprovides the option of up to a total of 12 weeks of leave from theirposition for child rearing purposes. Continuance of salary under FMLA is contingent on use of theiraccrued Vacation Leave (see USY V.C.19).

4.21.6.4Return to Work. Medical documentation supporting the employee'sability to perform the essential functions of the job is required prior to return to work (see USY V.C.12).

4.22 Bereavement Leave for those covered by CBA

4.22.1Description. Faculty and Exempt employees are entitled to five days of Bereavement Leave for the death of an immediate family member and one day for the death of other relatives.

4.22.1.1Non-Exempt employees covered by ETmay use five days of Sick Pool Leave for the death of an immediate family member and one day for the death of other relatives following the parameters of USY V.A.4.13.

4.22.2Those individuals considered immediate family include spouse, mother, father, stepparents, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, stepchildren, sister, brother, stepbrother, stepsister, grandparents, grandchildren, and individuals living within the faculty/staff member's household.

4.22.3Other relatives include brother-in-law, sister-in-law,uncle, spouse's uncle, aunt, spouse's aunt, nephew, spouse's nephew, niece, spouse's niece, great uncle, spouse's great uncle, great aunt, spouse's great aunt, first cousin, spouse's first cousin.

4.22.4Additional Time Off. If additional time off is necessary due to the death of a family member, arrangements may be made to permit the employee to use Vacation Leave/ETor take time off without pay.

4.22.5Documentation supporting the use of Bereavement Leave may be requested by the immediate supervisor or Human Resources.

5.Benefits Available to Adjunct Faculty and Staff. Adjunct employees are eligible to enroll in the benefit plans outlined below.

5.1̾Ƶ's 403(b) and 457(b)Retirement Plans (Adjunct). Adjunct employeesmay make contributions to one or both of ̾Ƶ's defined contribution plans on a tax-deferred basis through payroll deductions. There is no employer contribution.

5.2 Medical Insurance Coverage. Under the Affordable Care Act (ACA), adjunct employees, except work study students, who work an average of 30 or more hours per week per year are eligible to enroll in the adjunct medical plan. The ̾Ƶ adjunct medical option is a cost-shared high deductible health plan.

5.2.1 Eligibility. Those adjuncts hired for 30 or more hours per week for a continuous period of three months or more are eligible for immediate enrollment with coverage beginning the month following enrollment. For other adjuncts, coverage is determined through a measurement period which is used to evaluate how many hours employees worked in a given time period as defined by the ACA. For ̾Ƶ, those who worked an average of 30 hours or more per week from mid-October of one calendar year through mid-October of the following calendar year are eligible to enroll in the fall of that calendar year for medical coverage which would take effect the first day of the next calendar year.

5.2.2 Enrollment. ̾Ƶ HR will notify eligible employees regarding enrollment details following themeasurement period. Campus HR are responsible for notifying eligible employees regarding enrollment status throughout the year.

6.Benefits Following Termination.

6.1Last Day of Benefits Coverage. At termination, the last day of active service is considered the benefits termination date(with the exception of Medical, Dental and Vision coverage which continue through the end of the month of the termination) . Active service is exclusive of any type of paid or unpaid leave (including Sick Leave, Vacation Leave, or ET) as well as non-work periods for flex-year employees and academic year faculty,unless the employee will be a ̾Ƶ Retiree (as defined in USY V.C.9.1.1) in which up 10 days of accrued ET/Vacation days may be used to extend employment from the last day of active service to the effective date of retirement.

6.1.1Academic Year Faculty. The last day of Medical and Dental benefits coverage for academic year faculty may be extended up to the start of the next official ̾Ƶ institution’s academic year, in circumstances when the faculty member performs service to the institution outside the established academic year dates. This service may be paid adjunct work, or may be unpaid work associated with completion of teaching or research responsibilities. This extension is normally recommended by the Dean or Institute Director with final approval by theinstitution's Provost's Office and written notification to the ̾Ƶ Benefits Office 30 days prior tothe end of the academic year.Unless thefaculty member is eligible for Medicare, this extension is done through COBRA and provides the approved continued coverage at the employee rate.

6.2Medical and Dental Benefit Continuation. The Consolidated Omnibus Benefits Reconciliation Act (COBRA) is the federal law that provides employees who lose their Medical and/or Dental coverage the opportunity to purchase that coverage.

6.2.1Eligibility. All employees covered by ̾Ƶ's Medical and/or Dental plan are entitled to elect to remain covered by the plan(s) at their own expense and without proof of good health after coverage would otherwise terminate.Note: Medicare eligibility will affect eligibility for COBRA.

6.2.2Description. Coverage may be continued for up to 18 months following a qualifying event such as voluntary or involuntary loss of employment and for up to 36 months following death, divorce or legal separation from a covered employee. Coverage may also be continued for a dependent child no longer eligible under the terms of the plan(s).

6.2.3Employee's Responsibility. In order to continue coverage, the employee must notify ̾Ƶ, or its designee, as soon as possible, but in no case may it be later than 60 days from the date of the qualifying event. Specific details regarding COBRA's terms and conditions are outlined in the medical and dental plan descriptions.

6.2.4Survivors of Deceased Employees. If enrolled under the employee's plans, the spouse and dependent children of a deceased employee will be provided with continuation of ̾Ƶ's contribution to the Medical and Dental plan for up to six months from thedate of death. After the six months have expired, the surviving spouse and dependent children will be offered the opportunity to continuecoverage through COBRA at the standard rates.

6.3Flexible Spending Accounts (FSA).The effect of terminating employment on FSA accounts depends on the type of account, as follows. FSA plans are governed by IRS regulation and any unused funds at the end of the claim submittal deadline will be forfeited.

Healthcare FSA: The deadline to incur FSA expenses is the last day of employment, and the deadline to submit claims is 90 days from the termination date. If you elect COBRA continuation, the Healthcare FSA program will continue through the COBRA period (or calendar year end – whichever comes first.)

Dependent Care FSA: The Dependent Care FSA does not qualify for COBRA continuation. However, our Dependent Care FSA plan does allow for a spend down provision; employees may continue to incur expenses beyond their termination date, up to their remaining balance at the time of termination and submit those claims by the standard annual end date.

6.4 Tuition Benefit. An employee who terminates during a semester, in which theeducational benefit is being used, shall be responsible for a pro-rated portion of the benefit provided tothe employee, spouse and/or dependent children. See USY V.A.6.1 and USY V.F.10.4.12.

6.5 Life Insurance. An employeemay convert ̾Ƶ’s Group Life Insurance to an Individual LifeInsurance policy within 31 days of termination. The conversion notice and request form will be furnished by the life insurance vendor.

6.6 Unemployment Compensation Benefits.

6.6.1 Definition. Unemployment Compensation is administered by the State of New Hampshire and provides partial income replacement to employees who lose their jobs through no fault of their own.

6.6.2 Contributions. ̾Ƶ assumes the cost of the Workers' Compensation insurance.

6.6.3 Eligibility. This benefit applies to all employees who receive wages from ̾Ƶ. It does not apply to student workers.

7.Benefits Following Retirement.

7.1Normal Retirement Age. The ̾Ƶ considers age 65 as the "normal retirement age" in accordance with the retention of this age by the Social Security Administration as the age for retirement. Its only purpose is to provide a reference point for employees in their retirement considerations. ̾Ƶ employeesmay be considered to be "retirees" as defined in employment policy (USY V.C.9.2). Inaddition any police officer who retires at age 45 or older with 20 years ofservice as a full-time certified law enforcement officer or at age 60 or older with three years of suchservice will be considered a "retiree."

7.2Social Security.

7.2.1Full benefits under the federal Social Security Program vary based on one's year of birth, but may begin on a reduced basis as early as age 62. Medicare eligibility remains at age 65.

7.2.2Eligibility. Employeesshould contact theSocial Security Office at least two tothree months prior to retirement to discuss benefits and make arrangements to receive them.

7.3Income from ̾Ƶ 403(b) and 457(b) Retirement Accounts. An employee must contact the vendor(s) to discuss options for retirement account fund distribution.

7.3.1Retirement Income from USNH Sponsored Retirement Plans. Retirement income benefits are subject to IRS regulations. Benefits may begin any time after the employee fully retires or terminates employment or as described in USY V.C.9.

7.3.2Income from Operating Staff Retirement Plan (frozen). ̾Ƶ maintains adefined benefit plan called the Operating Staff Retirement Plan for those employees who joined the plan prior to January 1, 1987.

7.3.3 Retirees with Additional Retiree Contribution Guarantee.

7.3.3.1 Eligibility. In 1994 status employees hired prior to 6/30/1994 had an opportunity to choose an Additional 1% Retirement Contribution (ARC) or the Medicare Complementary Plan(MCP). Those who chose no retiree medical coverage (MCP) had a guarantee of a minimum of $10,000 in their ARC account at retirement. Campus Human Resources has information concerning the individual application of this ARC guarantee.

7.4Medical Coverage for Retirees Age 62 through age 65 and for Full-time Certified Police Officers.

7.4.1All employees who meet the qualifications of a ̾Ƶ Retiree (see USY V.C.9.2) and are enrolled in a ̾Ƶ Medical Plan prior to retirement and retire, may continue coverage per ̾Ƶ guidelines until they are eligible for Medicare coverage at age 65.

7.4.2In order to maintain medical coverage per ̾Ƶ guidelines retiring employees will pay the same premium contributions as active employees up to a maximum period of three years.

7.4.2.1 Coverage for Spouse and/or Dependents. Employeesmust be covering a spouse and/or dependents under their ̾Ƶ Medical Plan at retirement in order for the spouse and/or dependentsto be eligible for continued coverage. Coverage for family members ends on the same date as coverage for theemployee ends. (See USY V.A.7.5 and USY V.A.7.6 below.)

7.4.3̾Ƶ police officers may be eligible for medical coverage between the ages of 45 and 62 as defined and approved by the BOT. Officers retiring at age 62 or after will beeligible toselect the same medical plan, coverage and contributions as all other employees retiringat age 62 or later, as per their collective bargaining agreement.

7.5Medical Coverage for Retirees Over Age 65 with the Additional Retiree Contribution (ARC). The ARC contribution was implemented to provide funds for retirees to purchase a medical plan to supplement Medicare, which generally takes effect the first of the month in which a Retiree attains age 65. There is no option for ̾Ƶ medical coverage for employeesunder ARC, except for those subject to COBRA provisions.

7.5.1Coverage for family members ends on the same date as coverage for an employee ends.

7.6Medical Coverage for Retirees Over Age 65 with the Medicare Complementary Plan.

7.6.1Eligibility. In 1994 status employees hired prior to 6/30/1994 had the opportunity to choose an Additional 1% Retirement Contribution (ARC) or the Medicare Complementary Plan (MCP). Only those who selected the MCPat that time are eligible for the plan at retirement. In order to meet the ̾Ƶ definition of a Retiree, an employee began accumulating years of service toward this benefit starting at age 52. Employees must meet all of the criteria of a Retiree as defined in USY V.C.9.2 and be an active participantin a ̾Ƶ Medical Planprior to retirement.

7.6.2Spouse and/or Dependent Coverage. Employees must be covering a spouse and/or dependents under their Medical Plan at retirement in order for them to be eligible for continued coverage.

7.6.2.1If a spouse is age 65 or older, they will be transitioned to the ̾Ƶ MCP.

7.6.2.2If the spouse and/or dependents of retirees are less than age 65 and are eligible for coverage after an employee reaches age 65, the employee will pay the same premium as active employees for a maximum of three years after the employee's retirement date. Following the three years, the employee will contribute 50% of the total cost of the coverage.

7.6.2.3In the event the Retiree dies, the spouse may continue in the MCPfor the rest of theirlife or until remarriage.

7.6.2.4If the employeewho chose the MCPis over age 52 and has at least 10 years of service and dies either while on active service or while on an approved Early Retirement Plan, Long-Term Disability, or chronic Workers’Compensation, theirspouse, and/or disabled dependent is still eligible for the MCPat age 65, unless made ineligible by remarriage.

7.6.2.5In the event a spouse of a Retireecovered by the MCPdies,the Retiree is notpermitted to add a newspouse to the plan.

8.Benefits Following End of Service Due to Disability.

8.1Long-Term DisabilityInsurance. This insurance provides monthly disability income benefits to an approved employee (see USY.V.8.1.2) who is unable to work for more than six months due to an illness or injury.

8.1.1Eligibility. All status employees who enroll in the Long-Term Disability plan are eligible to apply for the benefit (see USY V.A.4.3). An individual may not receive Long-Term Disability income concurrently with income from a ̾Ƶ Retirement Plan, Separation Incentive Plan or a ̾Ƶ Early Retirement Plan.

8.1.2Description. If an employeeis approved for Long-Term Disability, the plan provides income, as described in the flexible benefit plan choices and coordinated with Social Security and Workers'Compensation payments as applicable, and continues certain benefits as outlined in USY V.A.8.1.4. An employeewho is unable to work their regular schedule for an extended period (more than six months) due to an illness or injury may be eligible to transitionto Long TermDisability through the insurancecarrier for the benefit. The carrier makes the determination whether medical documentation supports an individual's inability to work, based on the plan's provisions.

8.1.2.1Waiting period. There is a six-month waiting period from the onset of a disabling illness or injury that requires the individual's absence from work until the beginning of Long-Term Disability income. During the waiting period, salary continuance is dependent on applicable leave policies. (See Short Term Disability USY V.A.4.14; Interim Disability LeaveUSY V.A.4.21).

8.1.3Position Status. An employee's position is held for a time period not to exceed the six-month waiting period, except in cases of Workers'Compensation. When an employeeis placed on Long-Term Disability, the individual's position is no longer held. While employment is terminated, certain benefits may continue as outlined below.

8.1.4Continuation of Benefits. According to the schedule below, ̾Ƶ will continue its contributions toward the employee's Medical, Dental and Group Life Insurance plans (subject to vendor approval) and continue Tuition Benefits for the spouse and/or eligible children; however, the Tuition Benefit will not continue for the employee's personal use.(Note: Campus Human Resources has the continuation of benefits schedule applicable to individualsemployed in status positions prior to 9/1/2002.)

8.1.4.1Schedule.

Years of Service Continuation Period for Benefits
Less than 5 Applicable COBRA provisions (18 months; 29 months if determined to be disabled under Title II or XVI of the Social Security Act)
5 up to 10 1 year, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
10 up to 20 5 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
20 up to 25 10 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
25+ Continuation until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age, whichever comes first

8.1.4.1.1 If eligible the disability plan may contribute both the employer and employee contributions toward the regular retirement in which the former employee is enrolled.

Note: All continuation periods of coverage for medical and/or dental run concurrently with COBRA provisions. Employees with less than five years of service are required to pay the full COBRA rate for continued coverage. Employees with five or more years of service are required to pay contributions at the same level as active employees and such contributions are subject to change.

8.1.4.2If the individual meets the requirements for a ̾Ƶ Retiree, theyreceiveeither retiree MCPcoverage through ̾Ƶ or ARC (see USY V.A.6.2).

8.1.5Reinstatement. If an employeeis able to work following a period of Long-Term Disability, the individual may apply for positions within ̾Ƶ; and if re-hired, the individual shall receive credit for prior years of service as referenced in USY V.C.11.

8.1.6End of Disability Payments. When Long-Term Disability income ends, the former employee may elect to receive income according to theirretirement plan.

8.1.6.1If the individual has reached at least age 62, they may be considered a ̾Ƶ Retiree, if eligible, as defined in USY V.C.9.

8.2Workers' Compensation while Disabled.

8.2.1Continuation of Benefits. A status employee will be eligible to continue applicable coverage under the ̾Ƶ benefits program after 18 months of a qualified disability absence according to the schedule below. (Note: Campus Human Resources Office has the continuation of benefits schedule applicable to individuals employed in status positions prior to 9/1/2002.)

8.2.1.1Schedule.

Years of Service

Continuation Period for Benefits

Less than 5 Applicable COBRA provisions (18 months; 29 months if determined to be disabled under Title II or XVI of the Social Security Act)
5 up to 10 1 year, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
10 up to 20 5 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
20 up to 25 10 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
25+ Continuation until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age, whichever comes first

Note: All continuation periods of coverage for medical and/or dental run concurrently with COBRA provisions. Employees with less than five years of service are required to pay the full COBRA rate for continued coverage. Employees with five or more years of service are required to pay contributions at the same level as active employees and are subject to change.

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