Leaves Without Pay (Part 22)

Section 22.1 - Leave of Absence; Duration

C-1 Disciplinary Suspension - Use of Leave Credits

Negotiating Units:

• Administrative Services Unit Article 33.3
• Institutional Services Unit Article 33.3
• Operational Services Unit Article 33.3
• [Professional, Scientific and Technical Services Unit Article 33.4(a)(4) and 33.4(9)]
• [Security Services Unit and Security Supervisors Unit Article 8.4(a)(3)]

Effect:

Section 33.3(g)(4) of these three [CSEA] agreements states that effective April 1, 1985, an employee suspended without pay shall have the option of using his/her vacation, holiday leave, personal leave and overtime compensatory time during a period of suspension [For PS&T, see 26.3, Policy Bulletin 95-02, P-7] [For SSU/SSpU, see 26.3, Policy Bulletin 02-01, P-4 and P-5]. Leave accruals so used must be restored to the employee:

1. Upon a finding of innocence on all allegations contained in the notice of discipline or
2. Upon a determination that the suspension was improper.

There is no maximum limit on the restoration of vacation credits under this provision. The employee is deemed to have exercised his/her rights under the applicable contract article which provides an exception to the 40-day maximum (but not beyond March 31) [For PS&T, see 26.3, Policy Bulletin 08-03, P-10 and P-11] [For SSU/SSpU, see 26.3, Policy Bulletin 02-01, P-4 and P-5]. The employee's personal leave anniversary date is not changed and personal leave is not restored if the date has passed. For employees in ASU and OSU, holiday leave may not be restored if more than one year has passed from the date it was earned. For employees in all subject units, floating holidays may not be restored if more than one year has passed since the date designated as the floating holiday. Overtime compensatory time may not be restored beyond the last day of the fiscal year following the one in which it was earned.

If an employee has been offered a temporary reassignment which he/she declines, the suspension shall be without pay and such employee shall not be eligible to use leave credits during the period of suspension.

Employees in these units who exercise their contractual option to charge credits during a period of disciplinary suspension do not earn leave credits although this charging of credits places them in full pay status for the requested number of days per pay period that would normally entitle them to earn accruals. Moreover, these employees are not eligible to observe holidays which fall during a period of disciplinary suspension charged to credits. Thus, in a pay period in which a holiday fell, the employee would be required to charge ten days of leave credits rather than nine.

TM-6 - New or Revised Material - January 1991

C-2

This provision specifically excludes use of sick leave during a period of disciplinary suspension. The suspension takes precedence over an illness or disability an employee might develop during such time. Once an employee exhausts all available credits other than sick leave, he/she is placed on suspension without pay regardless of any existing ordinary disability or available sick leave credits.

TM-6 - No Substantive Changes - January 1991

C-3 Disciplinary Suspension - Accrual of Leave Credits Upon Back Pay Awards

Negotiating Units:

• Administrative Services Unit Article 33.4
• Institutional Services Unit Article 33.4
• Operational Services Unit Article 33.4
• Professional, Scientific and Technical Services Unit Article 33.5
• [Security Services Unit and Security Supervisors Unit Article 8.4(a)(3) and 8.4(c)]

Effect:

Section 33.4(g) of the CSEA agreements states that effective April 1, 1985, when an arbitrator awards back pay to an employee who was suspended without pay pursuant to this article, the award is deemed to include the accrual of leave credits and holiday leave for the period of time specified in the award.

In the PS&T Unit, an arbitrator's award of back pay to an employee previously suspended without pay pursuant to this article requires that the employee be treated as though he/she was never suspended during the time period covered by the award. This includes restoration of back pay and accruals the employee would have been eligible to earn.

[In the SSU/SSpU Unit, see 26.3, Policy Bulletin 92-03, P-3].

There is no maximum limit on the crediting of vacation as the employee is deemed to have exercised his/her rights under the applicable contract article which provides an exception to the 40-day maximum. However, because this is a retroactive adjustment of time records, if April 1st [October 1 for SSU/SSpU] occurred during the suspension period, vacation in excess of 40 days on March 31 [September 30 for SSU/SSpU] may not be carried forward to April 1[October 1 for SSU/SSpU, see 26.3, Policy Bulletin 92-03, P-3 and 02-01, P-5][For PS&T, see 26.3, Policy Bulletin 08-03, P-11].

Sick leave may be credited only up to the applicable maximum. In addition, the employee is entitled to be credited with holiday leave for any holidays coinciding with pass days during the period of the back pay award. An employee in ASU or OSU remains subject to the one year limit on holiday leave based on the date of the holiday(s), not the date the credits are restored pursuant to these articles. Also, an employee in any of these four units is deemed to be eligible to be credited with floating holidays during any period for which back pay is awarded. Such employee has one year from the date designated as a floating holiday to use the floating holiday earned. Finally, if this employee's personal leave anniversary date fell during the period of back pay award, he/she retains that date and is credited with personal leave accordingly. (Personal leave cannot be carried beyond the personal leave anniversary date.)

TM-6 - New or Revised Material - January 1991

C-4

Correction of the employee's leave records to reflect these accruals is to be accomplished upon receipt of the notice of decision making the back pay award, either as a requested interim decision or after the hearing is closed.

TM-6 - No Substantive Changes - January 1991

Revision History	TM-6 - January 1991
C-2, 4	No Substantive Changes
C-1, 3	New or Revised Material

Top