||Fringe Benefits: Sick Leave/Funeral Leave
||Date of Present Issue:||
||Date of Previous Issues:
10/82, 12/84, 03/87, 12/88, 02/90, 07/93
- Eligibility for Sick Leave
Sick leave begins to accumulate upon employment for all classifications
of employees, except temporary and student employees, but does not become
available to the employee for use before (30) days of employment have
been completed. Employees are eligible to use sick leave only as it accrues
- Accrual of Sick Leave
Sick leave shall accrue to the employee on a bi-weekly basis. Maximum
accrual is one thousand, two-hundred (1,200) hours or one hundred fifty
(150) working days.
- Employees on 40 hours a week, 12-month appointment: 104 hours or
13 days a year, accrued at a rate of 4.0 hours per pay period.
- Employees on academic year appointments: 80 hours or 10 days a year,
accrued during the academic year at the rate of 4.0 hours per pay period.
- Employees on special appointment, less than 8 hours per day or less
than 40 hours per week accrue sick leave hours in proportion to straight
time hours worked on each pay period (based on 4.0 hours per pay period).
Regular part-time employees shall accrue sick leave in proportion to
straight-time hours employed each pay period* (based on 4.0 hours accrual
per pay period).
- Availability of Sick Leave:
Sick leave shall be available for use by employees for the following
- Acute personal illness or incapacity over which the employee has
no reasonable control which prohibits the performance of the duties
of the job.
*Contract provisions apply for faculty bargaining unit members.
- Absence due to pregnancy or child birth for the period of temporary
disability, duration to be determined by the attending physician.
- Absence from work by reason of quarantine by a public health officer
because of exposure to contagious disease.
- Medical and dental appointments for extraction or treatment to the
extent of time required to complete such appointments. (Request for
absence shall give time and location of appointments.)
- As accumulated, absences required by the confining illness or injury
to members of the employee's (or spouse's) immediate family or household,
who shall be limited to the following:
Children (includes Foster and Stepchildren) Parents-in-law
Parents (includes Foster and Stepparents) Brothers
Other Direct Dependents Sisters
Sick leave available in case of confining illness or injury to
family members is governed by contract provisions for members of
Educational Support Staff and Faculty Association bargaining units.
For non-union employees, absences due to illness or injury to the
immediate family are limited to five (5) days per incident. Additional
leave may be granted in special cases subject to the approval of
the Human Resources Office, providing the request is made by the
employee directly to the Human Resources Office and reasons for
the request given. Clearance from Human Resources for special requests
must be received prior to approval by the Department Head.
- For Funeral Leave:
- If a death occurs among the members of an employee's immediate
family or household, the employee shall be granted up to five
(5) days leave with pay.
The immediate family is defined as spouse, children, stepchildren,
brother, sister, parent, foster parent, or stepparent, grandparent
or grandchild, of either the employee or spouse or a person
having lived in the employee's household for one calendar
year or more before death. Additional leave may be granted
in special cases, subject to approval of the University,
such additional leave is to be charged to vacation or taken
as leave without pay.
- If a death occurs among other relatives of an employee, the
employee shall be granted up to three (3) days leave with pay
chargeable to sick leave, vacation, or leave without pay, if
- Permission may be granted to a reasonable number of employees
in a unit who want to attend the funeral of a fellow employee
or former employee with pay for the time of the funeral, provided
they return to work after the funeral. Employees who serve as
pallbearers at a funeral of a fellow employee or former employee
will be paid during the time they must be off the job, subject
to appropriate arrangements with supervisors as to work schedules
and not to exceed four (4) hours.
An approved Absence Form (LSSU-231A or 231B) must be completed by non-exempt
employees for all time off for sick leave. (See Documentation Procedure
4.1.3.) Exempt employees will not be required to complete an absence
form, but records will be kept in the department as explained in Procedure
A physician's statement or sworn affidavit at the employee's expense
may be required at the option of the University to sustain a claim of
absence because of illness. Employees returning from sick leave of one
week or more duration must provide a doctor's written release to return
- Compensable Injury
An employee who suffers injury compensable under the Worker's Compensation
Act shall be paid the difference between the employee's regular wages
and any payment received under provisions of the Act, to be deducted
from accumulated sick leave, pro-rated. If the sick leave is exhausted,
the employee may remain on Worker's Compensation until its benefits are
exhausted. An employee who remains on Worker's Compensation for a period
of six months, will be eligible to apply for long term disability benefits,
and will be terminated from payroll and University paid benefits. Donation
of sick leave provisions (Paragraph M) may not be utilized to provide
full pay for those whose sick leave is exhausted, while receiving worker's
An employee who suffers injury which arises out of and in the course
of employment at the University resulting in disability of seven (7)
days (maximum of 5 working days) or less in duration, whose accumulated
sick leave has been exhausted shall not lose time or pay because of such
disability. If such disability continues beyond seven (7) days (maximum
of 5 working days) excluding the date of injury, and becomes compensable
under the Worker's Compensation Act from the date of injury, the employee
shall reimburse the employer for pay received for the first seven (7)
days (5 working days) of disability which have not been charged against
the employee's sick leave.
Employees suffering illness or injury which arises out of and in the
course of employment will make arrangements through the Human Resources
Office to be examined and treated at the Health CARE Center (following
any emergency treatment required at the hospital). If treatment by a
specialist is required, referral will be made by the Health CARE Center
physician. The Health CARE Center staff will assist the Administration
in evaluating whether accommodation can be made to work restrictions
if any are imposed (see Paragraph J, Restricted Activities).
- Vacation Credits
Employees who have exhausted their sick leave credit and are still unable
to return to work may, at the employee's request, be paid from any unused
Employees who are on approved vacation and who suffer personal illness
during this vacation, or other circumstances described in Paragraph C
above, for which sick leave may be used, may be granted, upon request
in writing from the employee, to have the vacation days so involved charged
to their sick leave balance, up to the limits so prescribed. The University
may require documentation to substantiate such requests.
- Sick Leave Credit for Recalls and Rehires
Employees who are laid off shall have credited to them any unused sick
leave previously earned at the time they are recalled. Persons in full-time
or regular part-time employment of the University who resign from that
employment, but who are or have been subsequently rehired by the University,
will receive credit for the unused sick leave they accrued in their previous
employment with the University.
Persons who were compensated for such accumulated sick leave, upon retirement,
will not be credited for the accumulation, if they should return to full-time
or regular part-time employment at the University. The past-service sick
leave accumulation credited to rehired employees shall not exceed forty-five
*Contract provisions apply to members of Educational Support Staff and
Faculty Association bargaining units (i.e. Rehires are not credited
with past sick leave accumulation).
Employees on leaves of absence without pay, or lay-off, shall not accumulate
sick leave during such period.
- Pay for Sick Leave
Pay for sick leave shall be at the employee's hourly rate at the time
sick leave is taken times the number of hours of accrued sick leave used
(not to exceed 8 hours in a day or 40 hours in a week) and shall be paid
to the employee on regular pay days.
- Medical Examination
At the conclusion of an employee's sick leave, the University, at its
option and without cost to the employee, may require that a physician
or physicians of its choosing examine the employee to determine the employee's
fitness to return to work.
Restricted work activities
The University will determine whether work restrictions imposed by an
employee's physician prohibit the employee from performing the essential
functions of the individual's assigned position. If the restrictions
affect the performance of the job duties to such an extent that it would
be unreasonable or impossible to accommodate the restrictions and still
accomplish the required work, then the employee will be placed on medical
leave until work restrictions are removed or modified to the extent allowing
return (up to a maximum period of six months' absence).
Employees placed on medical leave due to work restrictions may use accumulated
sick leave and vacation credits until they are exhausted. Donation of
sick leave provisions (Section M) may be utilized up to a maximum of
sixty days, at which time the employee may qualify for long term disability
benefits, if eligible, and will be terminated from University payroll
and benefits (subject to union contractual specifications).
- Pay in Lieu of Sick Leave
An employee will receive pay in lieu of paid sick leave time only after
completion of one calendar month of employment and then only under the
following circumstances and as provided below:
- An employee who separates from the University for retirement purposes
and who meets the age and service eligibility requirements,
in accordance with provisions of the Lake Superior State University
retirement program, or who retires due to a total and permanent disability,
shall be paid for accumulated unused sick leave up to a maximum of
eight hundred (800) hours or one hundred (100) work days. For Faculty
members and non-union staff hired after July 1, 1987, and for ESP bargaining
unit members hired after December 31, 1989, this provision does not
apply (e.g. no future payment of sick leave benefits on retirement).
Pay in lieu of sick leave time shall be at the employee's hourly rate,
at the time retirement occurs, times the number of hours of unused
accrued sick leave time up to a maximum of eight hundred (800) hours
or one hundred (100) working days. The hourly rate of academic year
appointees is determined by dividing the annual salary by 1600 hours,
and for 12-month appointees by 2080 hours.
- Payment for accumulated unused sick leave up to a maximum of eight
hundred (800) hours or one hundred (100) working days will be made
to the beneficiary in case of the death of an employee at the employee's
hourly rate as determined above. For faculty and non-union staff hired
after July 1, 1987, this death benefit provision will not apply. For
Educational Support Personnel staff hired after December 31, 1989 this
death benefit provision will not apply.
- Illness During Term Breaks (applies to nine-month faculty appointees only):
If a faculty member on a nine-month appointment is on an approved, extended
sick leave, due to acute personal illness or disability, the normal days
off associated with breaks in the academic calendar, will not be charged
to his/her sick leave.
- Donation of Sick Leave
Non-probationary employees may donate their accrued sick leave days
to provide a sick employee with additional sick days when he or she has
exhausted his or her sick leave (see Attachment 1). This donated accrued
sick leave can only be utilized to qualify the employee who has exhausted
his or her sick leave for long-term disability benefits. Employees who
use donation of sick leave provisions are limited to a maximum of 60
work days for a single illness. The purpose of the donated sick leave
is to assist employees who have not accumulated enough sick leave to
recover from their long-term illnesses, or to qualify for long-term disability
benefits. Terminating employees may NOT donate sick leave which would
normally be cancelled on their termination.