Leave Administration

Leave Administration Procedure

Persons involved in leave administration should become familiar with the issues, policies, procedures, and guidelines. The procedure described in the following table should be carried out, according to the policies, procedures, and guidelines set forth in the documents identified in the Leave Policy.

Step

Action

Document

1

Notify employees about their leave rights and responsibilities.

FMLA: Notification and Procedure for Leave Taken Under FMLA

Note: There are no documents describing procedures for notifying employees about leave in general. Such notification should be part of the standard appointment and orientation process. Refer to Employee Orientation Guidelines.

2

When employees request leave, determine whether employee is eligible under FMLA and leave is appropriate under FMLA.

FMLA: Overview

FMLA: Notification and Procedure for Leave Taken Under FMLA

3

If employee is eligible under FMLA and leave is appropriate under FMLA, grant and administer leave in accordance with FMLA and where appropriate with the Research Foundation's general leave policy.

FMLA: Overview

FMLA: Notification and Procedure for Leave Taken Under FMLA

... and where appropriate the documents identified in Step 4 below.

4

If employee is not eligible under FMLA and/or leave is not appropriate under FMLA, review leave request and administer any leave granted in accordance with Research Foundation's general leave policy.

Paid Time Off documents in the Attendance and Time Reporting procedure group of the Sponsored Program Management: Personnel Administration business area.

Leave Policy

Extraordinary Circumstances

In order to ensure consistent administration of policy at all operating locations, extraordinary circumstances regarding issues that are not addressed in these procedures should be referred to the Central Office of Employee Services, (518) 434-7080.

Accrual Guidelines

For guidance on vacation leave accrual, sick leave accrual, and personal leave accrual, refer to the individual "Paid Time Off" documents in the Attendance and Time Reporting procedure group of the Employees: Personnel Administration business area.

Break-in-Service Guidelines

An employee who returns to the RF payroll after longer than 1 calendar year has had a "break-in-service" and is treated as a new employee for leave purposes. The employee must meet the 6-month waiting period for vacation credit and use, and will accrue leave under the current rules at the rate for a new employee unless the employee has completed immediate full-time SUNY employment service. An employee who returns to the RF payroll within 1 year of the time he or she left the payroll retains certain rights related to leave as outlined in the blocks that follow.

For the purpose of establishing leave accrual rates, employees who leave the RF payroll or who drop from eligible status but return within 1 calendar year do not incur a break-in-service.

Returning Employees and Sick/Vacation Leave

Unused accrued sick leave will be restored to an employee who is reinstated to an eligible position within 1 year. Any accrued vacation time that was unused and not already paid out will also be reinstated.


Retirees Returning to Work

A retired employee who returns to RF employment within 1 year will have accrued sick leave restored, except for the 200 days on which a pension contribution was made.


Returning Employees Who Worked for Less Than 6 Months

If an employee leaves the Research Foundation before completing the 6 months of employment needed to obtain and begin to use vacation leave credits, but returns within 1 year, the employee's prior service is counted toward the 6-month total.


Breaks-in-Service and FMLA Eligibility

Refer to FMLA: Guidelines for Administering Leave.

Changes in Status Guidelines

Change in Workweek

An employee whose workweek changes from 37.5 hours to 40 hours or vice-versa will maintain his or her accrual balances. As of the beginning of the next pay period after the effective date of the change, accruals will be earned at the appropriate new rate.


Change in Full-Time Equivalent (FTE) Status

An employee whose FTE changes or who changes from part- time to full-time or vice-versa will maintain his or her accrual balances. As of the beginning of the next pay period after the effective date of the change, accruals will be earned at the appropriate new rate.


Change in Accrual Status

An employee going from a nonaccruing position to an accruing position may have his or her length of service credited when the applicable accrual rate is determined. The employee will not be required to observe the 6-month waiting period for vacation accrual use if the employee has been with the Research Foundation for at least 6 months.

An employee going from an accruing position to a nonaccruing position will cease to accrue, but will maintain his or her accrual balances. If the employee is changing to a fellow title, a student title, hourly position, or an instructional title where he or she cannot charge his or her accrued vacation leave, then the employee will be paid for that time upon reassignment. Refer to Payment for Accrued Vacation Leave in this document.


Change in Eligibility Under FMLA

If an employee becomes eligible for leave under FMLA while on leave that otherwise is appropriate under FMLA, the terms and conditions of FMLA apply as of the date the employee became eligible.


Change in Exempt Status

An employee whose status changes from nonexempt to exempt or vice-versa will maintain his or her accrual balances. As of the beginning of the next pay period after the effective date of the change, accruals will be earned at the appropriate new rate.

An employee whose status changes from nonexempt to exempt will retain and may use his or her personal leave, but the employee will not be credited with additional leave upon his or her next anniversary date.

Duration of Leave Guidelines

An employee will not be approved for any paid or unpaid leave which would extend past his or her current period of appointment. This includes leave taken under FMLA but excludes military leave.

Exempt Status Guidelines

An exempt employee is an executive, administrative, or professional employee paid on a salaried basis who is exempt from the overtime regulations of the Fair Labor Standards Act (FLSA). Refer to the Leave Policy.

One of the basic requirements for an employee to be considered exempt from the FLSA is that the employee is paid on a salaried basis. "Salaried" means that the employee cannot


Exempt Status and Leave

Exempt status is not affected by leave charges as long as the charges are not in hourly increments and the employee receives payment for the day. An exempt employee who has no leave accruals should take 1 full day without pay or, if the time off is less than a full day, that employee must be advanced appropriate leave so that the absence of less than one day is paid for in full.


Exempt Status and Salary Reductions

Certain salary reductions are permitted without jeopardizing an employee's exempt status, including those made for


Exempt Status and FMLA

Employees eligible for leave under FMLA and exempt from the overtime provisions of the Fair Labor Standards Act may be placed on unpaid FMLA leave on a reduced work schedule without affecting their exempt status.

Therefore, an exempt employee's salary may be reduced for absences of less than a day if she or he takes leave under FMLA for part of the workday. However, operating locations are instructed to review these instances with the Central Office of Employee Services to ensure that they fall within the limited exclusions allowed by the FMLA.

Multiple Locations Guidelines

If an employee has appointments at two locations, the offices responsible for RF personnel at both locations must work cooperatively to ensure that the employee's accruals are correctly maintained.

Paid Time Off in Lieu of Wages Guidelines

Operating locations that have a standard workweek of 37.5 hours have two options for compensating nonexempt employees for the nonovertime portion of any time worked in excess of the standard workweek (that is, hours worked between 37.5 and 40):


Research Foundation Recommendation

The Research Foundation recommends that locations with a standard workweek of 37.5 hours compensate nonexempt employees at their regular rate for the nonovertime portion of any time worked in excess of 37.5 hours for a given week. This ensures that prompt payment laws are satisfied and avoids the complications that may result from the conditions that accompany providing paid time off in lieu of wages (see next paragraph).


Conditions

Operating locations with a standard workweek of 37.5 hours that elect to provide paid time off in lieu of wages to nonexempt employees for the nonovertime portion of any time worked in excess of 37.5 hours for a given week must satisfy the following conditions:

Termination and Transfer Guidelines

Operating locations may not extend an employee's termination date to include non-work days, such as holidays or vacation time. Refer to the Leave Policy and to the Termination of Employment procedure group in the Employees: Personnel Administration business area.

An employee who transfers between operating locations will retain unused accrued sick leave, holiday leave, and unused personal leave. Unused accrued vacation time will be paid to an employee transferring between operating locations unless the employee elects to have the time transferred. Refer to Transferring Employees Between Operating Locations.

***The following sections apply to Oracle Leave Accrual System Users ONLY***

Required Leave Accrual Adjustments in Oracle

The following table describes adjustments to leave accruals that must be made in the Oracle business system under certain circumstances:

If

Then

How

An employee changes from nonexempt to exempt status or vice versa (Accrual element will end date when employment category is changed on Assignment form.)

Add new element the day after the old element ends.

Refer to work instruction Enter an Element for PTO, FMLA, or Military Leave of Absence.

Transfer balance via positive adjustment element.

Refer to work instruction Enter an Adjustment to a Leave Balance.

Adjust for first pay period of change, if applicable.

 

Adjust holiday balance using element entries or delete the element, as appropriate.

Refer to work instruction Enter an Adjustment to a Leave Balance.

 

A nonexempt employee changes normal hours in standard work week.

Change accrual element by end dating current element.

Follow procedure outlined in "Change Benefit Enrollment."

Add new element.

Refer to work instruction Enter an Element for PTO, FMLA, or Military Leave of Absence.

Transfer balance from prior element.

Refer to work instruction Enter an Adjustment to a Leave Balance.

Oracle Leave Accrual Year-End Carryover Process

The accrual carryover process in the Oracle business system takes a person's sick, vacation, and holiday balances as of December 31, subjects them to the carryover limits, and adds the balance back to the person's record for the next calendar year.

As of January 1, the net entitlement viewed on the Oracle business system accrual form shows zero for vacation, sick, and holiday. Until the carryover process is run, the balance on the accrual slips and reports and the net entitlement field in Oracle will only show current year accruals. Important! To ensure that balances are accurate, the carryover process should not be run until all usage for the year is entered. The process can be run individually for each location. As each location completes usage entry for the calendar year, a request can be made to central office to run the carryover process. This should be done in January.

Responsibilities

The Research Foundation operations manager is responsible for ensuring that

Change History

 

 

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