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Negotiations: Article 28, Vacation and Sick Leave

Wright State University Chapter

American Association of University Professors

MOU? CBA? RCM? NTE? TET?

What are all these acronyms? See this guide.

AAUP-WSU submitted the proposal shown in the left column of the table below at the February 12 negotiating session, and the administration put forth the proposal in the right column on March 10. Reports about the status of this article will be found below the article itself.

See our CBA Negotiations page for a roster of the AAUP-WSU negotiating team, brief reports about each Monday's negotiation session, and an article-by-article summary table with links to detailed information about each individual article that either the administration or AAUP-WSU proposes to include in the CBA.

Article 28

Vacation and Sick Leave

AAUP-WSU Proposal of February 12

Administration Proposal of March 10

28.1 Vacation Eligibility and Accrual Rates. Bargaining Unit Faculty Members with fiscal year appointments earn vacation as follows:

Members with less than 25 years of service earn 14.67 hours of vacation per pay period, for a total of 22 days per year.

Members with 25 or more years of service earn 16.67 hours of vacation per pay period, for a total of 25 days per year.

Each August 31, all vacation balances in excess of 352 hours will be reduced to 352 hours.

28.2 Vacation Authorization and Records. Fiscal year Bargaining Unit Faculty Members must request vacation hours consistent with Section 7.4 from their Department Chairs and record all vacation hours used in a given month through completed Sick Leave/Vacation Request Forms. The Department Chair, or other immediate supervisor where appropriate, shall approve all such requests for vacation hours that do not directly conflict with a Member's assigned duties.

28.3 Payment for Unused Vacation.

28.3.1 When a fiscal year Bargaining Unit Faculty Member terminates employment with the University, the unused balance of the Member's vacation will be paid in cash, according to the following calculation:

Fiscal year salary 11 months = monthly salary

Monthly salary 21.667 days = daily pay

Daily pay 8 hours = hourly pay.

28.3.2 The maximum vacation payoff for a fiscal year Bargaining Unit Faculty Member is 44 days or 352 hours.

28.3.3 A fiscal year Bargaining Unit Faculty Member who changes to an academic year appointment will be paid for accrued but unused vacation hours up to the maximum payoff, effective with the change to the academic year appointment.

28.3.4 When the University closes for one or more days between Christmas Day and New Year's Day and a Member with a fiscal appointment takes vacation during this period, these vacation days will not be charged to the Member's accrued vacation.

28.4 Sick Leave Accrual Rates. Bargaining Unit Faculty Members with fiscal appointments earn 10 hours (1.25 days) of sick leave per month. Academic year Members earn 45 hours (5.625 days) of sick leave for each of the Fall and Spring Semesters and an additional 30 hours (3.75 days) of sick leave when they teach full time (12 credit hours) during the Summer. For teaching less than 12 credit hours in the summer, sick leave is pro-rated (3 credit hours =7.5 hours of sick leave; 4 credit hours = 10 hours of sick leave; 6 credit hours = 15 hours; etc.). Sick leave accumulates with no limit to the number of hours of sick leave which may be accrued by a Bargaining Unit Faculty Member.

28.5 Legitimate Uses of Sick Leave. Sick leave is the authorized absence of a Bargaining Unit Faculty Member with pay because of personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to other employees or students; because of illness or injury of a member of the employee's immediate family that requires the attendance of the employee; because of a death in the employee's immediate family; or because of medical, psychological, dental or optical examination of the employee or a member of the employee's immediate family that requires the attendance of the employee. Paid sick leave usage for the death of a member of the employee's immediate family is limited to five working days.

28.5.1 For purposes of authorizing sick leave, the University normally defines a Bargaining Unit Faculty Member's immediate family to include spouse, child, grandparent, father, father-in-law, mother, mother-in-law, sister, sister-in-law, brother, brother-in-law, grandchild, legal ward, legal guardian or person who stands in place of the parent, and domestic partner registered through the Wright State University Department of Human Resources.

28.6 Sick Leave Authorization and Use. Sick leave may be used during any period of time in which the Bargaining Unit Faculty Member is under contract to perform services for the University. During the summer a Bargaining Unit Faculty Member is required to use sick leave only during the terms when he or she is teaching. Bargaining Unit Faculty Members shall report all uses of sick leave and shall supply to Human Resources any reasonable documentation which may be required by the University. While the Member's department chair and dean must be notified of the Member's sick leave, such notification need not reveal the specific nature of the illness. When using sick leave days, the Member shall promptly notify his or her Department Chair and, whenever possible, advise of the estimated duration of absence.

28.7 Transfer of Accrued Sick Leave. When an individual enters the Bargaining Unit with prior service with another Ohio state agency, accrued sick leave officially certified by such agency will be accepted at Wright State, provided that the time between separation from such agency and entry into the Bargaining Unit does not exceed ten years.

28.8 Payment for Accrued Sick Leave.

28.8.1 Upon retirement after ten (10) years of state service in Ohio and in accordance with criteria established by the State Teachers Retirement System (STRS) or death after ten (10) years of state service in Ohio, the Bargaining Unit Faculty Member or his or her estate will receive cash payment for one-fourth of the value of all unused accrued sick leave, up to a maximum of 30 days (240 hours), based on the rate of compensation for that Member at the time of separation from the University. The formula to be used in the calculation of sick leave pay-out for fiscal year Bargaining Unit Faculty Members is the same as used for vacation pay-out as specified in Section 28.3.1. The formula to be used in the calculation of sick leave pay out for Bargaining Unit Faculty Members with academic year appointments is:

Academic year salary 9 months = monthly salary

Monthly salary 21.667 days = daily pay

Daily pay 8 hours = hourly pay

28.8.2 A retirement cash settlement for sick leave shall be made only once to any Bargaining Unit Faculty Member. A Member who returns to state service after retirement may accrue and use sick leave, but will not receive a cash settlement for unused sick leave at the time of any subsequent retirement.

28.1 Vacation Eligibility and Accrual Rates. Bargaining Unit Faculty Members with fiscal year appointments earn vacation as follows:

Members with less than 25 years of service earn 14.67 hours of vacation per pay period, for a total of 22 days per year.

Members with 25 or more years of service earn 16.67 hours of vacation per pay period, for a total of 25 days per year.

Each August 31, all vacation balances in excess of 352 hours will be reduced to 352 hours.

28.2 Vacation Authorization and Records. Fiscal year Bargaining Unit Faculty Members must request vacation hours consistent with Section 7.4 from their Department Chairs and record all vacation hours used in a given month through completed Leave Reports in Wings ExpressSick Leave/Vacation Request Forms. The Department Chair, or other immediate supervisor where appropriate, shall approve all such requests for vacation hours that do not directly conflict with a Member’s assigned duties.

28.3 Payment for Unused Vacation.

28.3.1 When a fiscal year Bargaining Unit Faculty Member terminates employment with the University, the unused balance of the Member’s vacation will be paid in cash, according to the following calculation:

Fiscal year salary ÷ 11 months = monthly salary

Monthly salary ÷ 21.667 days = daily pay

Daily pay ÷ 8 hours = hourly pay.

28.3.2 The maximum vacation payoff for a fiscal year Bargaining Unit Faculty Member is 44 days or 352 hours.

28.3.3 A fiscal year Bargaining Unit Faculty Member who changes to an academic year appointment will be paid for accrued but unused vacation hours up to the maximum payoff, effective with the change to the academic year appointment.

28.4 Sick Leave Accrual Rates. Bargaining Unit Faculty Members with fiscal appointments earn 10 hours (1.25 days) of sick leave per month. Academic year Members earn 45 hours (5.625 days) of sick leave for each of the Fall and Spring Semesters and an additional 30 hours (3.75 days) of sick leave when they teach full time (12 credit hours) during the Summer. For teaching less than 12 credit hours in the summer, sick leave is pro-rated (3 credit hours =7.5 hours of sick leave; 4 credit hours = 10 hours of sick leave; 6 credit hours = 15 hours; etc.). Sick leave accumulates with no limit to the number of hours of sick leave which may be accrued by a Bargaining Unit Faculty Member. When on leave without pay pursuant to Section 30.7, Members do not accrue sick leave.

28.5 Legitimate Uses of Sick Leave. Sick leave is the authorized absence of a Bargaining Unit Faculty Member with pay because of personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to other employees or students; because of illness or injury of a member of the employee’s immediate family that requires the attendance of the employee; because of a death in the employee’s immediate family; or because of medical, psychological, dental or optical examination of the employee or a member of the employee’s immediate family that requires the attendance of the employee. Paid sick leave usage for the death of a member of the employee’s immediate family is limited to five working days.

28.5.1 For purposes of authorizing sick leave, the University normally defines a Bargaining Unit Faculty Member’s immediate family to include spouse, child, grandparent, father, father-in-law, mother, mother-in-law, sister, sister-in-law, brother, brother-in-law, grandchild, legal ward, legal guardian or person who stands in place of the parent, and domestic partner registered through the Wright State University Department of Human Resources.

28.6 Sick Leave Authorization and Use. Sick leave may be used during any period of time in which the Bargaining Unit Faculty Member is under contract to perform services for the University. During the summer a Bargaining Unit Faculty Member is required to use sick leave only during the terms when he or she is teachingaccruing sick leave pursuant to Section 28.4. Bargaining Unit Faculty Members shall report all uses of sick leave and shall supply to Human Resources any reasonable documentation which may be required by the University, including verification from a physician(s). The University has the right to require a second opinion to confirm a diagnosis and the need for sick leave. While the Member’s department chair and dean must be notified of the Member’s sick leave, such notification need not reveal the specific nature of the illness. When using sick leave days, the Member shall promptly notify his or her Department Chair and, whenever possible, advise of the estimated duration of absence.

28.7 Use of sick leave. Bargaining Unit Faculty Members and their Department Chairs and Deans will cooperate, as much as possible, to minimize disruptions of classes due to a Member’s need for sick leave.

28.7.1 When a Member has reason to believe that she or he will need to miss classes due to illness, the Member will promptly notify his or her Department Chair.

28.7.2 When a Member must miss a class because of illness, he or she will make a good faith effort to (a) arrange for a colleague to teach the class or (b) provide an alternative learning experience for the students.

28.7.3 Members will make a good faith effort to schedule elective and non-emergency medical treatments so as to minimize disruption to their teaching assignments. When possible, they will schedule such events outside the academic year, during breaks, or at times so that the treatment and recovery period are confined to a single semester.

28.7.4 When a Member must miss a substantial portion of classes in a semester, the University and the AAUP-WSU recognize that the University may need to hire another Member or an adjunct faculty member to take over that Member’s teaching. Both the Department Chair and the Member will make good faith efforts to minimize the amount of time the replacement faculty member is needed. When the reasonably anticipated length of time the Member will be on sick leave includes three weeks or more of missed classes, however, the University may hire a replacement teacher for the full fifteen week Semester or for the remainder of a Semester. Unless alternative workload or other arrangements are agreed to in writing, Members will be charged sick leave for the entire period in which the University pays for adjunct or overload instruction in classes assigned to them.

28.7.5 Utilizing distance education, alternative scheduling, or other reasonable means, the University and individual Members will make a joint good faith effort, when possible, to make adjustments to that person’s workload in order to avoid his or her moving to unpaid status due to insufficient sick leave accrual. The University has no obligation to enter into arrangements that may compromise instructional quality or impede curricular needs and no obligation to continue arrangements for more than one year.

28.7 8 Transfer of Accrued Sick Leave. When an individual enters the Bargaining Unit with prior service with another Ohio state agency, accrued sick leave officially certified by such agency will be accepted at Wright State, provided that the time between separation from such agency and entry into the Bargaining Unit does not exceed ten years.

28.8 9 Payment for Accrued Sick Leave.

28.89.1 Upon retirement after ten (10) years of state service in Ohio and in accordance with criteria established by the State Teachers Retirement System (STRS) or death after ten (10) years of state service in Ohio, the Bargaining Unit Faculty Member or his or her estate will receive cash payment for one-fourth of the value of all unused accrued sick leave, up to a maximum of 30 days (240 hours), based on the rate of compensation for that Member at the time of separation from the University. The formula to be used in the calculation of sick leave pay-out for fiscal year Bargaining Unit Faculty Members is the same as used for vacation pay-out as specified in Section 28.3.1. The formula to be used in the calculation of sick leave pay out for Bargaining Unit Faculty Members with academic year appointments is:

Academic year salary ÷ 9 months = monthly salary

Monthly salary ÷ 21.667 days = daily pay

Daily pay ÷ 8 hours = hourly pay

28.89.2 A retirement cash settlement for sick leave shall be made only once to any Bargaining Unit Faculty Member. A Member who returns to state service after retirement may accrue and use sick leave, but will not receive a cash settlement for unused sick leave at the time of any subsequent retirement.

Status of Negotiations about the Above Article

April 30, 2014

The administration submitted a version of this article. Our team agreed to the changes made (28.6, 28.7.5, and 28.7.6), and the parties thus came to tentative agreement (TA) on it.

April 28, 2014

The administration submitted this counterproposal, differing from its previous only in section 28.3.4. Our negotiating team stated that this language for 28.3.4 is an acceptable compromise. We also noted our previous objection to the final sentence in section 28.7.4. A brief discussion followed, and it is now very likely that the parties can come to full agreement on this article. The principles to be honored are (1) a BUFM has the right to return to work, and to cease using sick leave, when he or she is well enough to do so, and (2) upon such return, if it is not appropriate for the BUFM to resume in mid-term his or her teaching responsibilities, then the administration has the right to assign alternative duties in a reasonable fashion.

March 19, 2014

The parties discussed the administration proposal of March 10 (right column of table above). Our team stated that the meaning of section 28.7 is unclear. We accepted section 28.7.1 but objected to the final sentence in section 28.7.4.

We suggested that the CBA might include language providing that BUFMs have a right to return to work -- to stop taking sick leave -- when they are well, and that upon return to work, the administration has the right to assign reasonable work to the persons returning from sick leave. Presumably, provisions of this type would have a potentially significant impact when an ill BUFM's classes have been assigned to others for an entire term, but the BUFM returns to work before the term ends.

On a related note, our team confirmed (via question and answer at the negotiating table) that in the College of Nursing and Health, when a BUFM is ill and consequently is unable to teach a clinical class, the BUFM must make up the missed class at some other time. We stated that under that circumstance, the BUFM should be paid for the extra time taught (or, equivalently, have no sick leave deducted for the day of illness); for otherwise faculty in CoNH would be treated differently, and worse, than other BUFMs.

We reminded the administration that our proposal for section 28.3.4 is still awaiting a response.

March 10, 2014

The administration proposed the language shown in the right column of the table above, but the parties did not have time to discuss it.

February 12, 2014

In submitting the proposed new language (28.3.4) shown in the left column of the table above, our negotiating team alluded to the administration's recent practice of closing the University between Christmas Day and New Year's Day, and giving other employees with fiscal year appointments (e.g., many staff) extra vacation days. We were thus surprised that the administration did not want to accept our proposal, though it would cost essentially nothing.

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This page was last modified on Thursday, May 8, 2014. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jimvance.wsu@gmail.com, telephone 937-775-2206. To contact the chapter, please see our Staff, Officers, and Committees page.