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Labor Relations

AFSCME Frequently Asked Questions

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Labor Relations

AFSCME Frequently Asked Questions

Scheduled Leave

Are temporary employees entitled to paid leave?

750 Hour Rule: Temporary employees are entitled to annual and sick leave only after working 750 hours by the end of the last full pay period in each leave calendar year. If the employee is absent before the 750 hours is earned, leave will be charged to either AO (Approved Absence without Pay) or SO (Sick Leave without Pay). Temporary employees do not get paid for closings.

Are leave earnings retroactive to the appointment date once the 750 hours are earned?

Annual and Sick leave earnings are retroactive to the appointment date.

Are temporary employees entitled to Personal or Holiday Leave once the 750 hours are earned?

Temporary employees are not entitled to Personal Leave or Holiday Leave even after earning 750 hours.

When would a new permanent employee be considered eligible to use paid leave?

  • Annual leave: After 30 calendar days of service
  • Sick leave: 30 calendar days of service
  • Personal leave: After working 150 hours in a calendar quarter

Are permanent employees permitted to anticipate leave usage?

Permanent employees with less than one year of service since their last date of hire may not anticipate leave.

Are employees permitted to carry annual leave into the next leave calendar year?

Employees may carry 45 days into the new leave calendar year.

What if an employee has annual leave in excess of 45 days?

The employee is permitted to carry unused annual leave in excess of 45 days into the first seven (7) pay periods of the next leave calendar year. Excess annual leave not used within the seven (7) pay periods will be converted to sick leave subject to the 300 day limitation on sick leave.

Are employees permitted to carry personal leave into the next leave calendar year?

Employees are permitted to carry unused personal leave into the first seven (7) pay periods of the next leave calendar year. Excess personal leave not used within the seven (7) pay periods will be lost.

What is the procedure for requesting time off?

Leave requests are submitted for approval through the Employee Self Service (ESS) portal.

What is the procedure for changing or canceling leave?

A cancellation or change cannot be submitted until the original leave request has been approved. Once approved, the cancellation request may be submitted through the Employee Self Service (ESS) portal. Changes to the original request may be resubmitted after the cancellation of the original request has been approved. Cancellations and changes must be processed within 30 days of the original request. The payroll office should be contacted to process a cancellation or change if the 30 day period has expired.

Are employees eligible to use leave for medical and dental appointments?

Employees may use sick leave (S) for medical appointments.

Should the codes SM, AM or PM be used for routine medical or dental appointments?

No. Codes ending in "M" are specifically used for medical appointments in relation to Injury Leave. An employee must have an approved worker's compensation claim in order to use codes ending in "M".

What rules specify the beginning and end of the leave calendar year?

The leave calendar year is defined as beginning with the employee's first full pay period commencing on or after January 1 and continuing through the end of the employee's pay period that includes December 31, i.e., new leave calendar year: January 14, 2011 to January 11, 2011.

What happens if an employee is off on leave and the university closes due to an emergency?

Employees on pre-scheduled leave during a university closing are still accountable for the leave already entered in ESS. The leave time remains intact as the intent was to be off. Leave time is still charged for emergency office closings when on extended leave.

Do employees receive leave if they are summoned by the Court for Jury Duty or court proceedings?

Employees may use civil leave (C) if they have not volunteered for jury duty but were called for jury duty or who are not a party in a civil or criminal court proceeding, but are subpoenaed as a witness to attend the court proceeding. Written verification of jury duty attendance is required before an employee can be paid for the absence.

Are employees eligible to receive payment from the court for serving as a juror or must the payment be returned?

Although paid leave by the university is provided, the employee is entitled to payments issued by the court if applicable. A copy of the acknowledgment or check stub issued can be submitted to the Payroll Department as proof of participation in the court case. The Summons letter received does not suffice as acceptable documentation as it does not confirm attendance.

Unscheduled Leave

Are employees permitted to carry sick leave earnings into the next leave calendar year?

There is no cap on the number of sick leave that employees can accrue.

Is a physician's certificate necessary if an employee is off sick?

A physician's certificate is required for absences of three or more consecutive days. For absences less than three days, a certificate "may be required" if the Employer has reason to believe the employee has been abusing sick leave. Employees who are going to be out of work for more than two weeks (other than in the case of extended vacations) need to work with Diane Copenhaver, Assistant Director of Human Resources, prior to the start of their leave to ensure that proper documentation is on file.

What happens if an employee becomes ill while off on annual or personal leave?

The employee may change annual or personal leave to sick leave provided a physician’s certificate is submitted as proof.

Are employees entitled to paid leave if a family member becomes ill?

Employees may use up to five days of sick family leave (SF) in each leave calendar year for immediate family. Immediate family is defined as husband, wife, child, step-child, foster child, parent, brother or sister of the employee or child of the employee’s domestic partner. The employer "may" require proof of family sickness.

Note: Sick family applies only to family members specified in the collective bargaining agreement. The family member should also be noted on the ESS request under the "Family Relationship" section.

Lastly, medical documentation is required if the employee uses three or more consecutive days of sick family leave.

What happens if a family member becomes ill while an employee is off on annual or personal leave?

The employee is required to use the leave originally requested. It cannot be changed to sick family leave.

Is an employee entitled to paid leave for bereavement?

An employee may use up to five days of sick bereavement (SB) for the death of a spouse, domestic partner, parent, stepparent, child, or stepchild, or the child of the employee’s domestic partner and up to three days for the death of a brother, sister, grandparent, step-grandparent, grandchild, step-grandchild, son- or daughter-in-law, brother- or sister-in-law, parent-in-law, grandparent-in-law, aunt, uncle, foster child, step-sister, step-brother or any relative residing in the employee's household.

Note: Sick bereavement applies only to family members specified in the collective bargaining agreement. The family member should also be noted on the ESS request under the "Family Relationship" section. If the family member in whom you are using leave for does not appear in the drop down box, they are not approved family relationships and another form of leave will need to be used.

When does call in time begin?

Call in time begins when the employee reports to the assigned work site ready to work.

Does an employee receive call in time if the call in is immediately prior to their work shift?

If an employee is called in prior to a shift and it is less than three (3) hours, the call in time does not apply. The employee will be paid for hours worked, not the 3 hour minimum to avoid duplication of hours.

What happens if an employee is called in to work on their scheduled holiday?

The employee will be compensated at one and one-half times the employee's regular hourly rate of pay for all hours worked on the holiday and will also receive paid time off for all hours worked on the holiday up to a full shift.

What happens if an employee is called in to work after commencement of a prescheduled vacation?

The employee will be compensated at one and one-half times their rate of pay for hours required to work and will also be permitted to reschedule their vacation day or days.

What happens if an employee does not use earned compensatory leave prior to the completion of 120 days succeeding the date on which the overtime was worked?

The employee will be compensated at the appropriate rate of pay at the time the compensatory leave was earned.

Holiday

Are employees eligible for Holiday Leave retroactively if they transfer to a permanent position?

Employees are not entitled to holidays prior to becoming permanent.

What are Deferred Holidays?

Deferred Holidays are minor holidays earned while the university is in session which are deferred for usage during the week which falls between Christmas and New Year's Day. Deferred holidays are President's Day, Columbus Day and Veteran's Day.

What are the eligibility requirements for earning holidays?

At the time of a holiday an employee must be in active pay status the last half of the employee's scheduled work day immediately prior to the holiday and the first half of the employee's scheduled work day immediately after the holiday. "Active pay status" means that you must either be working or using paid leave to compensate for hours not worked. If the employee uses any type of leave without pay during the times noted above, the holiday will not be earned. This applies to major and minor holidays.

What happens if an employee was not eligible to earn a deferred holiday for the Holiday break?

Employees may use annual, personal or compensatory leave to cover any deferred holiday which may not have been earned for the holiday break. If no other leave is available, the day must be charged to approved leave without pay (AO).

Pay

When do employees receive pay increases under the current AFSCME agreement?

  • July 1, 2014 - 2.0%

Step Increment Increases:

  • Employees who have been employed continuously by the Commonwealth since April 30, 2012 will be eligible to receive a one-step service increment effective on the first full pay period in April 2013.
  • Employees who have been employed continuously by the Commonwealth since April 30, 2013 will be eligible to receive a one-step service increment effective on the first day of the first full pay period in April 2014.
  • Employees who have been employed continuously by the Commonwealth since January 31, 2014 will be eligible to receive a one-step service increment effective on the first day of the first full pay period in January 2015.

What will an employee receive as an increase if promoted?

When an employee is promoted to another classification in a higher pay scale group, the employee shall receive an increase of four steps for each pay scale group the employee is promoted or to the minimum of the new pay scale group, whichever is greater.

When does shift differential apply and what is the rate?

Shift differential is paid when an employee works a full 7.5 hour or 8.0 hour work shift on a scheduled work day beginning before 6:00 a.m. or at or after 12:00 noon. The rate is $1.00 per hour. The employee will also receive shift differential if they work overtime on a regularly scheduled day off as long as it is a full 7.5 or 8 hour work shift beginning before 6:00 a.m. or at or after 12:00 noon. Shift differential applies only to actual hours worked and does not apply when an employee is off on leave or off due to a holiday.
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