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Negotiations: Article 28, Vacation and Sick Leave

Wright State University Chapter

American Association of University Professors

AAUP-WSU has proposed the article below for inclusion in the first collective bargaining agreement (CBA) for non-tenure-eligible (NTE) faculty. Our negotiating team handed it to the administration at the initial negotiating session on March 11, 2013. 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

28.1 Vacation Eligibility and Accrual Rates. NTE 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 NTE 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 NTE 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 NTE Bargaining Unit Faculty Member is 44 days or 352 hours.

28.3.3 A fiscal year NTE 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. NTE 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 NTE Bargaining Unit Faculty Member.

28.5 Legitimate Uses of Sick Leave. Sick leave is the authorized absence of a NTE 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 NTE 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 NTE Bargaining Unit Faculty Member is under contract to perform services for the University. During the summer a NTE Bargaining Unit Faculty Member is required to use sick leave only during the terms when he or she is teaching. NTE 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 NTE 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 NTE 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 NTE 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 NTE 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 22, 2013

The parties' Chief Negotiators initialed initialed -- "TA'd" -- this article, thus signifying tentative agreement on this article. Here is a pdf file showing the TA'd article.

April 1, 2013

The administration submitted a counterproposal in which it removed the "NTE" designation (as is appropriate in light of terminology to be adopted in Article 2 (Recognition)) and thus reverted to language found in the current CBA for tenure-eligible and tenured (TET) faculty.

March 18, 2013

Our team simply reported that we had inserted "NTE" as needed into the corresponding article from the current CBA for tenure-eligible and tenured (TET) faculty.


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