7.1 General Leave Policy
Paid leaves of absence taken under any of the conditions described in this Chapter are intended to benefit the Employee and/or the College. Regularly scheduled days off, including weekends and officially designated holidays, falling within a period of approved leave shall not be counted against leave entitlements. Leaves for continuing education are described in Chapter Eight, Professional Development.
7.2 Coverage
This leave benefits described in this chapter apply to all permanent full time Staff and Administrative Employees and Non Instructional Faculty Employees. Faculty Employees are entitled to all of the leave benefits described except Annual Leave.
7.3 Annual Leave
7.3.1 General
All or part of an Employee’s Annual Leave with pay may be granted as vacation leave, or it may be granted intermittently to allow the Employee time off to conduct personal business during working hours.
7.3.2 Accrual Basis.
Annual Leave accrual is based upon the Employee’s anniversary date. The maximum accrual is twenty six (26) days.
- Employees working a 40 hour workweek. Annual leave accrual for all Employees working a 40 hour workweek shall be eight (8) hours per pay period.
- Employees working a 60 hour workweek. Annual leave accrual for all Employees working a 60 hour workweek shall be twelve (12) hours per pay period.
Maximum amount of leave. The maximum amount of leave that can be accumulated at the end of a leave year shall be two hundred and eight (208) hours. A maximum of eighty(80) hours or 10days can be carried over to the new leave year. At any one time the total leave accrual must not exceed 288 hours (36days).
Upon separation from employment with the College, Employees may be paid for their accumulated Annual Leave up to a maximum of one (1) year of earned Annual Leave or two hundred and eight (208) hours.
7.3.3 Eligibility
All permanent Employees of the College, except Faculty are eligible for Annual Leave.
7.3.4 Approval
Annual Leave shall be approved in advance by the Employee’s supervisor. Annual Leave requests by the President shall be approved by the Chairperson of the Board of Regents. Leave may be denied for certain Employees who apply for leave during periods of critical need, such as registration, graduation or internal audits. All Employees must give as much advance notice as possible to the supervisor by applying online using the College’s online leave application system prior to the date requested. For short term leave (1 or 2 days), one week’s notice before the requested date is required. For longer periods (1 or more weeks) one (1) month of notice should be given. The only exceptions to the advance notice rule are emergencies such as death, serious illness or an accident involving you or an immediate family member. Planned functions such as birthdays, church activities, trips off-island are not emergencies and unless advance notice is given, will be counted as “Leave Without Pay.”
7.3.5 No Accrual During LWOP
No Annual Leave shall accrue during a leave of absence without pay. Leave continues to accrue during all periods of authorized leave with pay. No annual or Sick Leave accrues for pay periods in which an Employee works fewer than 70 hours without approval of the appropriate supervisor. This provision does not apply to Employees whose contracts or schedules stipulate less than 80 hours per pay period; in these cases, no Annual Leave or Sick Leave accrues for the pay periods in which the Employee works fewer than the number of hours contracted or scheduled.
7.3.6 One Hour Minimum
The minimum charge for Annual Leave is one (1) hour; additional charges against Annual Leave are in whole hours only.
7.3.7 No leave during resignation notice period.
Annual leave cannot be taken during a notice period of resignation.
7.4 Sick Leave
7.4.1 Conditions
Sick Leave protects the permanent Employee’s pay during absence from work due to illness. Sick Leave shall be approved by the immediate supervisor and the Human Resources Director, and shall be granted under the following conditions:
- An Employee is incapable of performing his or her duties because of confinement for childbirth when Maternity Leave has expired.
- An Employee requires a medical, dental or optical examination or treatment, or requires any mental examination, counseling or treatment.
- An Employee has a seriously ill spouse or child may utilize their accrued sick leave hours after they have exhausted accrued annual leave hours.
- An Employee who becomes sick while on Annual Leave may request and may be granted Sick Leave for the period of the illness, provided the period of Sick Leave is supported by a certificate from a recognized health care provider. Using Sick Leave in this manner protects the portion of Annual Leave lost to illness, provided Sick Leave for the illness was requested and approved, Annual Leave lost to illness is restored to the Annual Leave account. However, Sick Leave taken during an Annual Leave period does not extend the end date of the Annual Leave.
7.4.2 Accrual Formula
Sick Leave accrues equally for all full time Employees at a rate of four (4) hours per pay period up to a ceiling of thirteen (13) days or 104 hours per year. This ceiling will remain unchanged until all Sick Leave hours are used. When the total Sick Leave falls below 104 hours, the accrual begins again until the ceiling of 104 is reached. Employees with an employment contract with the previous accrual rate of five (5) hours per pay period will be entitled to the higher accrual rate for the duration of that contract.
7.4.3 Limitations
Employees are encouraged to begin the workday on time at 8 am and to end the workday on time at 5 pm. Exceptions to these hours may be approved by the supervisor. If no exception is approved, the following guidelines apply:
- No Sick Leave accrues for pay periods in which an Employee works fewer than 72 hours without approval of the appropriate supervisor/director/dean/President. This provision does not apply to Employees whose contract schedules stipulate less than 72 hours per pay period, in these cases, no Annual Leave or Sick Leave accrues for the pay periods in which the Employee works fewer than the number of hours contracted or scheduled.
- No Sick Leave accrues during a leave of absence without pay.
- Sick Leave accrues during all periods of authorized leave with pay.
7.4.5 Certificate Requirements
For Illnesses or injuries which might compromise the safety of the Employee and /or the College, the College may require a certificate from a recognized health care provider to certify that the Employee is fit to return to duty.
7.4.6 Sick Leave Abuse
When the pattern of Sick Leave requests indicates that an Employee may be abusing the Sick Leave procedures, the College may require that the Employee provide a physician’s certificate to verify illness. If a recognized health care provider’s certificate is required, the Employee should be notified in writing prior to implementing this requirement. If a recognized health care provider’s certificate is required, but is not presented by the Employee within one (1) week of the illness, the days off for the illness will be counted as leave without pay.
7.4.7 Sick-Leave Carry-Over
Sick Leave accrues and carries over from year to year up to the maximum of thirteen (13) days or 104 hours.
7.4.8 Sick Leave Procedures
- As soon as an Employee knows he or she cannot come to work because of injury or illness or injury or illness to the Employee’s spouse, child, or parent, that Employee shall call the College and inform the supervisor.
- Before or upon return to work, but not later than the day after they return to work, the employee must submit their application for sick leave online using the online leave application system. Unapproved Sick Leave will not be paid.
- If more than one (1) day of Sick Leave is utilized in the same pay period for the same illness or disability, a certificate from a recognized health care provider must be submitted on or before the employee returns to work.
- Of the 13 days of Sick Leave, only 3 days can be taken without a medical certificate.
- An Employee is not entitled to compensation for accrued Sick Leave at termination.
7.5 Short-Term Disability
7.5.1 Policy Statement: All full time employees with a Permanent Appointment are eligible for short-term disability leave with pay from the College
7.5.2 Purpose: To provide benefit eligible employees with protection against income loss as a result of extended illness or injury in coordination with the College’s sick leave and long-term disability policies.
7.5.3 Procedures:
- Short-term disability payments shall be self-insured by the College.
- Short-term disability payments are equal to 100% of the eligible employee’s salary at the onset of illness or disability and are made by the College as a part of the bi-weekly payroll. Short term disability payments begin after all forms of paid leave are exhausted.
- Newly hired employees become eligible for the benefit subsequent to a thirty (30) day eligibility waiting period which shall begin on the date of hire.
- Disability is defined as being unable to perform with reasonable continuity the essential duties of the employee’s own occupation or a comparable position for which the employee is qualified by reason of education, training, or experience. Disability must be caused by accidental injury or illness requiring ongoing physician’s care.
- The benefit-waiting period is the first 13 workdays from the date disability or illness begins. These first 13 days of disability or illness are covered by the College’s sick leave days and/or annual leave days.
- Benefits are payable beginning on the 14th working day or when all available forms of paid leave have been exhausted. (Note: An Employee with a short term disability may opt to use accrued Annual Leave to delay the start of Short Term Disability benefits). Benefits will cease upon the date the disability ends, the return to work date, or after 90 days of Short Term Disability benefit payments, whichever comes first.
- In cases of disability related to pregnancy, a birth mother may qualify under this policy for a period of disability shortly before and typically 6-8 weeks after the birth of a child, if medically necessary.
- Upon expiration of one period of disability, an employee must to return to work for at least a week to be eligible for a new period of disability. Each different disability requires a new 17 work day waiting period.
- The following conditions are excluded:
- Disability due to an injury or illness for which payment is made or available through workers’ compensation.
- Requests for short term disability payments are made in writing to the supervisor with a copy to Human Resources for approval. The employee should provide Human Resources with a Physicians Certification Form required for leave approval.
- If possible, with physician’s approval, an employee may be expected to perform the duties of a modified position description.
- The employee must intend to return to work following the period of disability. A Fitness for Duty Form must be completed by the physician and received by Human Resources prior to the employee returning to work.
7.6 Personal Leave
7.6.1 Personal Leave for Classified Support, Classified Professional and Academic Professional Staff and Faculty. Classified Support Staff, Classified Professional Staff, Academic Professional Staff and Faculty are entitled to one (1) day or 8 hours of Personal Leave per calendar year.
7.6.2 Personal Leave for Administrators. Administrators are entitled to 20 hours of Personal Leave per calendar year.
7.6.3 Accrual. Personal Leave does not accrue from year to year. There is no carry-over of Personal Leave.
7.7 Parental Leave
7.7.1 Policy: The College of the Marshall Islands will provide up to twelve (12) weeks[1] of paid parental leave to employees who have given birth to a child or twenty (20) working days if they have parental responsibility for a newborn or adopted child less than 12months old. Parental responsibility is assumed by this policy if the employee:
- gives birth to a child, or
- is the father of a newborn and resides in the same household as the child, or
- legally adopts a child pursuant to the RMI Adoptions Act 2002 and provided the child is not yet twelve (12) months old.
7.7.2 Purpose: The College believes in creating an inclusive environment for employees and understands that welcoming a new child into a family requires time to recover from childbirth and/or bonding with a newborn or adopted child.
7.7.3 Additional Conditions. Additional conditions that apply to Parental Leave are listed below:
- An Employee who is a grandparent may also be eligible for Parental Leave but evidence of primary parental responsibility must be provided.
- In the event of multiple legal adoptions, the entitlement to days off from work shall be as follows:
- Twins (or two legal adoptions): thirty (30) days
- Triplets (or three legal adoptions): thirty- five (35) days
- Quadruplets, or more (or four or more legal adoptions): 40 days
- Parental Leave shall not be charged against the Employee’s accumulated Sick Leave or Annual Leave. If the Employee requires more than these twelve (12) weeks for recovery from childbirth, leave of absence with pay may be extended providing the additional leave is charged against the Employee’s Sick Leave and/or Annual Leave account.
- Absence from duty during pregnancy may be charged against Sick Leave if, in fact, the Employee was sick. Otherwise, said absence may be charged against Annual Leave, or may be treated as leave without pay.
- The Employee’s health care provider will determine the date upon which to begin a leave of absence preceding childbirth. It is the Employee’s responsibility to notify the College of the expected date of this leave and to provide the College a copy of the health care provider’s certificate. This requirement is waived in emergencies.
- Leave of absence after childbirth ends on the day the Employee’s health care provider gives written authorization for the Employee to return to work. It is the Employee’s responsibility to inform the College of the day the Employee expects to return to work. This notice should be given two weeks prior to that day.
- No leave of absence with pay for maternity/paternity/parental purposes shall be granted for longer than three (3) months unless the Employee has a related, ongoing medical condition.
In such cases a health care provider’s statement must be provided as to why additional time off from work is required. When it is documented that a related, ongoing medical condition exists, the Employee will be placed on Short Term Disability. Where there is no ongoing medical condition and the Employee does not return to after three months of Parental Leave, the Human Resources Director will meet with the Employee’s supervisor to discuss continuity of employment of the Employee and make a recommendation to the President. - Benefits for which the Employee is eligible and which are paid by the College will continue during paid Parental Leave for a period not to exceed three (3) months.
[1] – ILO Maternity Protection Convention sets minimum maternity leave at 12weeks.
7.8 Administrative Leave
7.8.1 General. Administrative Leave applies to all permanent Employees. Administrative Leave is absence from duty with pay which has been authorized administratively.
7.8.2 Conditions. Employees must use the “Application for Leave” form to apply for all forms of Administrative Leave. Administrative Leave may be granted by the President for the following reasons:
- To minimize human risk when a hazardous weather condition has been declared by the appropriate government official.
- To receive medical treatment and to recuperate from an injury sustained in the line of duty.
- To vote in public elections, not to exceed two (2) hours.
- To attend a government funeral or the funeral of a Staff/Faculty member or the funeral of an immediate family member of a Staff/Faculty member.
7.8.3 Administrative Leave for Travel. Administrative Leave may be granted to Employees by the President to attend official meetings and professional conferences off campus or off island, or to temporarily change assignment in the performance of College duties. Leave taken under this subsection requires the Employee to file a Travel Report upon his or her return to the College. The Travel Report shall be submitted within fifteen (15) days of the Employee’s return and shall include:
- A travel voucher (available in the Business Office)
- The airline ticket
- The receipt of departure tax paid
- Car rental receipts, receipts for parking fees, taxis and buses
- A report of activities describing the content of the meetings attended
The Travel Report is delivered to the Business Office, with a copy of the activities summary delivered to the President.
7.8.4 Travel to CMI campuses off-island. Employees granted approval by the President to attend official college business to CMI off-island campuses are also required to submit a travel report within fifteen (15) days of their return.
7.9 Bereavement Leave
7.9.1 General. In case of a death(s) in the Immediate Family of a full-time regular Employee, up to 40 (5 working days) hours of leave without loss of pay, per occurrence, may be arranged. One of these days must be the day of the funeral. For time off beyond 40 hours (5 working days), Annual Leave must be taken. This leave is at the discretion of the President or his/her designee and does not accrue. Immediate Family, for the purpose of this policy, means the spouse, child, father, father-in-law, mother, mother-in-law, grandparent, sister, brother, sister-in-law, brother-in-law, grand-child, daughter-in-law, son-in-law, or other person who occupies such position in the family, or a person living in the same household.
7.10 Emergency Leave
7.10.1 Purpose. To establish guidelines for paid leave of absence for critical situations such as the serious illness or injury of a member of an eligible employee’s family not residing in Majuro Atoll.
7.10.2 Parameters and Limitations.
- Emergency Leave is intended to apply only in the case of death in the family of a full time, permanent employee or comparable family emergency, where the deceased family member does not reside on Majuro Atoll.
- Family member is defined as employee’s parent (including Marshallese common law parent), spouse, domestic partner, child, grandparent, grandchild, sister, brother, stepbrother, stepsister, brother-in-law, sister-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law, stepchild, stepparent.
- A comparable family emergency is defined as a severe or life threatening illness or injury to a domestic partner or family member.
- Such leave, with pay, may be granted to an employee by the Human Resources Director, in consultation with the employee’s supervisor or other principal administrative officer in charge, provided the regular duties of the person concerned are assumed by other employees without additional expense to the College. Up to ten (10) days of leave shall be granted for each emergency and may be extended with authorization by the President or his or her designee.
7.11 Family or Community Service Leave
7.11.1 General. Employees are entitled to one (1) day or eight (8) hours of paid Family or Community Service Leave per calendar year. Family and Community Service Leave is intended to provide Employees the opportunity to attend or participate in local family or school related activities.
7.11.2 Applications for Leave. Requests for the Family and Community Service Leave must be submitted in advance as much as is possible. Application is made to the supervisor by way of the written “Application for Leave” form.
7.12 Court Related Leave
7.12.1 When on jury duty or when subpoenaed as a witness when not a principal in the litigation, Employees shall receive court related leave with pay, shall retain any fees earned, and shall not be paid by the College for meals, lodging, or travel.
7.12.2 When a principal in personal litigation, an Employee shall not receive court-related leave, but may be granted annual or leave without pay with the approval of the President or a designee.
7.12.3 When involved in litigation on behalf of the College or due to action in line of duty as an Employee, Employees shall be considered on duty and shall turn over to the College any fees received from the court.
7.12.4 A request for court-related leave will be initiated by the Employee on an Application For Leave form. A copy of the subpoena or summons will be attached to the leave form. The President or a designee may approve the request. In order to be compensated for court-related leave, written verification by the court of time served must be submitted by the Employee.
7.13 Leave of Absence Without Pay
7.13.1 This leave is applicable to all full-time employees of the College.
7.13.2 A full-time employee may be granted a leave of absence for personal reasons, without pay, not to exceed six months. These leaves are granted only in cases not covered by any other college policy for leaves of absence and require the approval of the employee’s department head, responsible Vice President and the Director, Human Resources.
7.13.3 Some typical reasons for granting such leaves include: illness in the family; education; or compelling personal needs. The College reserves the right to:
require written substantiation of the conditions prompting the need for such a leave of absence, and designate a period of Leave Without Pay as:
- Unconditional (reinstatement to the pre-leave position is guaranteed), or
- Conditional (reinstatement will occur only if the pre-leave position remains available).
A decision to designate a Leave Without Pay as Conditional will be based on the facts and circumstances of the leave request and the nature of the employee’s position and whether the functions of the position are critical to the mission of the college.
7.13.4 As with other unpaid leaves, an employee is not entitled to holiday pay or to the accrual of vacation or sick day benefits while on a Leave Without Pay. Health and life insurance coverage will continue during the Leave Without Pay. Employee insurance premium payments due during the period of Leave Without Pay are the responsibility of the employee. Arrangements may be made with the Business Office to ensure continuity of the employee’s share of benefit insurance premium payments.
