Graduate Employee Organization -- University of Massachusetts, Amherst / Leave

From CGEU

ARTICLE 37

Vacation

Full-time graduate student employees except those in the Division of Continuing Education's summer or winter sessions shall accrue vacation leave at the rate of four hours per month; for graduate student employees who are appointed more or less than full-time, this vacation leave shall be pro-rated on the basis of the percentage of appointment. Vacation leave can not be carried over beyond the contract period in which it is earned. Interns and other employees who must work during January intersession or Spring break must be notified when they apply that this is a condition of employment. Graduate student employees in academic departments shall take vacation time during January intersession or Spring break unless they reach an agreement with their department head that an alternative schedule would be acceptable. Graduate student employees in non-academic departments may take vacation at any time, provided they obtain prior written approval of the supervisor. These requests shall not be unreasonably denied. All vacation time shall be requested in advance and scheduled at the discretion of the department head.

ARTICLE 38

Additional Time Off

Full-time graduate student employees except those in the Division of Continuing Education's summer or winter sessions shall accrue personal leave at a rate of twenty-four hours per semester, any or all of which may, at the graduate student employee's discretion, be used for days of religious or cultural observance; for graduate student employees who are appointed more or less than full-time, this leave shall be pro-rated on the basis of the percentage of appointment. Personal leave time can not be carried over beyond the academic year in which it is earned. Personal leave used for non-emergency reasons shall be requested in advance and scheduled at the discretion of the department head. If personal leave is used for emergencies (including illness), the graduate student employee shall notify the department head as soon as possible.

Holidays : Graduate student employees who normally work on a day when the University is closed due to a holiday shall receive pay for that day. However, when class days are switched (Monday is on Wednesday) work days will be switched as well. The following days are currently considered holidays:

New Year's Day Martin Luther King Day

Washington's Birthday Patriots Day

Memorial Day Independence Day

Labor Day Columbus Day

Veterans Day Thanksgiving Day

Christmas Day

Any graduate student employee who is required by his or her supervisor to work on a University holiday shall receive either compensatory payment or compensatory time off; the choice between these two options shall be at the discretion of the supervisor.

Emergency Closings :

When University employees are released from work due to emergency conditions, graduate student employees shall also be released.

ARTICLE 44

Unpaid Leave: Family and Medical Leave

Section I. Family and Medical Leave

A. Family and Medical Leave, which shall be unpaid, may last for a total of up to twelve weeks during any calendar year. Alternatively, leave taken for the serious health condition of a spouse, child, parent, or of the employee may be taken intermittently or on a reduced schedule, if medically necessary. This means, where appropriate, taking leave in blocks of time, or by reducing the normal weekly or daily work schedule, so long as Family and Medical Leave does not exceed a total of twelve weeks during the calendar year. In the case of an intermittent leave, the University may require that the graduate student employee transfer to an alternative position, with equivalent stipend and benefits, for which the graduate student employee is qualified and which, in the University's view, better accommodates recurring periods of leave than does the graduate student employee's regular assignment. Leave for the birth, adoption, or placement of a child may be taken on an intermittent basis only with prior approval by the graduate student employee's supervisor.

B. To be eligible, a graduate student employee must have been employed in a position covered by the GEO contract for at least four months prior to the start of the leave.

C. Leave may be granted for any of the following reasons:

• the birth of a child and in order to care for a child, provided any such leave concludes within twelve months of the birth of the child;

• the placement of a child with the graduate student employee for adoption or foster care, provided any such leave concludes within twelve months of the placement of the child;

• the care of, or to make arrangements for the care of, a graduate student employee's spouse, parent, grandchild, grandparent, domestic partner, relative living in the same household, or child, whether or not the child is the natural, adopted, foster, stepchild, or child under legal guardianship of the bargaining unit member, who has a serious health problem;

• the graduate student employee's own serious health problem that makes the graduate student employee unable to perform the essential functions of the position.

D. A serious health condition means one or more of the following conditions:

• an illness, injury, impairment, or physical or mental condition involving inpatient care in a hospital, hospice, or residential medical care facility; or

• any period of incapacity requiring absence of more than two weeks from work, school, or other regular daily activities for a condition that also requires continuing treatment (that is, being treated two or more times, or one treatment resulting in a regimen of continuing medication or therapy) under the supervision of a health care provider (i.e., doctor, dentist, clinical psychologist); or

• 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 two weeks; or

• prenatal care.

E. If a graduate student employee has accrued time off which he or she is eligible to use at the commencement of the leave, he or she may use such leave credits.

If a graduate student employee has accrued sick leave at the commencement of the leave, he or she may use such sick leave if the leave is because of the graduate student employee's own health problem, when a female graduate student employee gives birth to a child, or to care for a person with a serious health problem as per Section I.C.3.

The University may, in its discretion, based on the needs of the campus, require a graduate student employee to utilize accrued time off and/or sick leave during a covered leave.

In any other instance, such leave shall be without pay.

F. In the event a graduate student employee does not return from such a leave, except if the reason is due to the continuation, recurrence, or onset of a serious health condition, or other circumstance beyond the control of the graduate student employee, the University will recover any health fees it paid during the unpaid portion of any leave by deducting any such amounts from amounts due the graduate student employee, if any, or by otherwise seeking recovery of the premium through the legal process. Any graduate student employee taking such leave will be informed of this provision prior to the commencement of the leave.

G. The University will maintain the same health benefits for the graduate student employee during such leave as would have obtained had the graduate student employee continued to work.

H. A graduate student employee who is granted a leave shall return, through the expiration date of his or her appointment in effect at the commencement of the leave, to his or her former position or an equivalent position with the same stipend and benefits. If, during the period of leave, a layoff occurs, the graduate student employee on leave shall receive the same rights as other graduate student employees under this Agreement.

I. The University may require that graduate student employee to submit medical re-certifications during a leave, either for the employee of other covered individual, at thirty calendar day intervals, and it may at reasonable intervals require a graduate student employee to report on his or her status and intent to return to work. In cases of leaves due to the graduate student employee's own serious health condition which exceed sixty calendar days, the University may require a letter from a physician attesting to the graduate student employee's fitness to return to work.

J. Graduate student employees should submit a leave application to their immediate supervisor, who will forward it to the Graduate School .

Requests for leave, including any required documentation, should be submitted at least one month in advance of the commencement of the proposed leave, or when the graduate student employee knows of the need for a leave, whichever is later. In cases of planned medical treatment, the graduate student employee should consult with the immediate supervisor in an attempt to schedule the leave so as not to disrupt unduly the University's operations.

When the leave is for a serious medical condition of the graduate student employee or another eligible person under Section I.C, the graduate student employee must submit a medical certification form supporting the need for the leave. This form will be provided by the Graduate School and will be filled in by the health care provider. In certain instances, a second or third medical certification may be required by the University; any such second or third certification shall be at the University's expense, and the University shall make no attempt to recover such expenses from the graduate student employee. A graduate student employee will not be permitted to commence or remain on such a leave unless a valid medical certification form is provided.

K. A graduate student employee and spouse both working for the University who are eligible for leave under this Article are permitted to take only a combined total of twelve weeks if the leave is for the birth, adoption, or placement for foster care of a child or to care for a family member with a serious medical condition.

Section II. Supplemental Family Emergency Leave

A. Upon written application to the supervisor, including a statement of reasons, a graduate student employee may be granted family emergency leave for a period not exceeding ten weeks. Such leave shall be without pay or benefits for such period. The purpose for which a graduate student employee may submit his or her application for family emergency leave shall be limited to major, emergency, non-medical family care needs (e.g., domestic break-up, flight from domestic abuse, unexpected arrival of a child).

B. To be eligible, a graduate student employee must have been employed in a position covered by the GEO contract for at least four months prior to the start of the leave.

C. Up to ten days of family emergency leave may be taken in not less than one-day increments. However, such intermittent leave requires the prior approval of the supervisor. In the case of an intermittent leave, the University may require that the graduate student employee transfer to an alternative position, with equivalent stipend and benefits, for which the graduate student employee is qualified and which, in the University's view, better accommodates recurring periods of leave than does the graduate student employee's regular assignment.

D. If a graduate student employee has accrued time off which he or she is eligible to use at the commencement of the leave, he or she may use such leave credits. The University may, in its discretion, based on the needs of the campus, require a graduate student employee to utilize accrued time off during a covered leave.

E. Between periods of family emergency leave, when a graduate student employee returns to the payroll for a period of less than two weeks, if a holiday falls during that time, no holiday pay or compensatory time shall be granted for such holiday.

F. In the event a graduate student employee does not return from such a leave, except if the reason is due to the continuation, recurrence, or onset of a serious health condition, or other circumstance beyond the control of the graduate student employee, the University will recover any health fees it paid during the unpaid portion of any leave by deducting any such amounts from amounts due the graduate student employee, if any, or by otherwise seeking recovery of the premium through the legal process. Any graduate student employee taking such leave will be informed of this provision prior to the commencement of the leave.

G. The University will maintain the same health benefits for the graduate student employee during such leave as would have obtained had the graduate student employee continued to work.

H. A graduate student employee who is granted a leave shall return, through the expiration date of his or her appointment in effect at the commencement of the leave, to his or her former position or an equivalent position with the same stipend and benefits. If, during the period of leave, a layoff occurs, the graduate student employee on leave shall receive the same rights as other graduate student employees under this Agreement.

I. A graduate student employee and spouse both working for the University who are eligible for leave under this Section are permitted to take only a combined total of ten weeks of leave.

Section III. Military Leave

A. A graduate student employee who is a member of a reserve component of the Armed Forces of the United States and who is called for duty other than the annual tour of duty of not exceeding seventeen days shall be subject to the provision of Chapter 708 of the Acts of 1941 as amended, or of Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of the Acts of 1966, and amendments thereto.

B. In accordance with Chapter 708 of the Acts of 1941, as amended, a graduate student employee who, on or after January 1, 1940, shall have tendered his or her resignation or otherwise terminated his or her service for the purpose of serving in the military or naval forces of the United States who does serve or was or shall be rejected for such service shall, except as otherwise provided by Chapter 708 of the Acts of 1941, as amended, be deemed to be or to have been on military leave, and no such person shall be deemed to have resigned from the service of the Commonwealth or to have terminated such service until the expiration of two years from the termination of said military or naval service by him or her.

Section IV. Personal Leave

A. Personal leave, other than hereinbefore specified, may be granted by the supervisor, upon the written request of the graduate student employee, at least thirty days in advance. Such leave shall be without pay or benefits. Denial of such leave shall be grievable through Level Two of the Grievance Procedure (Article 31) and shall not be subject to arbitration.

Section V. General Provisions for Unpaid Leaves

A. Requests for unpaid leaves under this Article shall be submitted to the supervisor by the deadline specified for each leave, except in emergency circumstances.

B. Requests for unpaid leaves under this Article shall not be unreasonably denied.

C. Extensions may be granted upon request, provided that the request is made in accordance with the same deadline specified in the appropriate leave section of this Article. Denials of requests for extensions shall be grievable through Level Two of the Grievance Procedure (Article 31) and shall not be subject to arbitration.

D. A graduate student employee who is granted a leave shall return, through the expiration date of his or her appointment in effect at the commencement of the leave, to his or her former position or an equivalent position with the same stipend and benefits. If, during the period of leave, a layoff occurs, the graduate student employee on leave shall receive the same rights as other graduate student employees under this Agreement.

E. This Article shall apply only in situations where a graduate student employee granted a leave remains an enrolled graduate student at the University of Massachusetts Amherst during the entire period of the leave.