Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 14: Severability

14.1. In the event any provision of this Agreement (a) shall be found contrary to statutory or judicial law or (b) if compliance with or enforcement of any provision should be restrained by a tribunal of competent jurisdiction pending a final determination as to its validity, then the provision or provisions shall be of no force or effect, but the remainder of this Agreement shall continue in full force and effect.

14.2. If a provision of this Agreement is rendered ineffective for any of the reasons specified above, the Board and the Union shall, within 30 calendar days thereafter, begin negotiations to seek resolution of any resulting problems.

Article 15: Duration

15.1. Duration

The terms of this Agreement shall become effective upon execution of this Agreement by the Board and the Union and shall remain in effect through August 31, 2005, except as follows:

a. Articles 28 and 42 (Salary) and Article 29 and 43 (Additional Compensation) shall be re-opened each year. For the applicable period, and the changes agreed upon, an Appendix will be distributed.

b. All other articles may be reopened by mutual agreement. For the applicable period, and the changes agreed upon, an Appendix will be distributed.

c. Evaluation criteria and workload equivalents in effect on August 31, 2001 shall remain in effect through the 2001-02 academic year.

Article 16: Leave without Salary

16.1. An employee is eligible for leave without salary twelve months after the date of her or his initial employment at the University.

16.2. Leave Application and Duration

1. An application for leave without salary shall be submitted to the employee's Department Chair at least six months prior to the starting date of the requested leave. The application shall state the purpose and provide a written explanation of the need for the leave and the time period for which the leave is requested. The purposes for which a leave may be requested are: (a) personal, (b) research, (c) advanced study, (d) professional development, or (e) public service.
2. The initial grant of a leave without salary may be for a period of up to twelve months. Aleave without salary is granted at the discretion of the Dean, following submission of the request to the Department Chair, who will forward the request to the Dean with a recommendation for approval/denial. Upon the written request of the applicant, the Dean will provide a written explanation within ten working days to an employee whose application for leave without salary has not been approved.
3. An extension of a leave without salary for up to an additional year is granted at the discretion of the Dean, following submission of the written request (including explanation of the need for the extension) to the Department Chair, who will forward the request to the Dean with a recommendation for approval/denial.
4. The request for an extension of a leave without salary shall be submitted at least six months prior to the starting date of the requested extension. The date upon which an application for an extension is due will be specified in the letter granting the leave.
5. Any of the above limitations or deadlines may be waived by the appropriate Dean upon the request of an employee submitted to the Department Chair, who will forward it with a recommendation.
6. A denial of a request for leave may be appealed to the Academic Vice President.
7. Upon return to the University from a full time leave without salary, an employee's salary shall be adjusted to reflect negotiated increases which the employee would have received if not on leave.

16.3. While on leave without salary, an employee shall retain accrued sick leave and annual leave earned prior to the commencement of the leave without salary, but shall not earn additional sick leave or annual leave.

16.4. An employee on leave without salary may continue to contribute toward and receive the benefits of any State or Board insurance program. The employee may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.

16.5. Credit of Time Spent on Leave

1. Time spent by an employee on a leave without salary for any reason shall not be credited for the purpose of determining eligibility for sabbatical leave.
2. Time spent by an employee on a leave without salary shall be credited, if requested by the employee within 45 days of employee's return, toward eligibility for promotion, PAA, and tenure.

16.6. Compulsory Leave

1. If the University President believes an employee is unable to perform assigned duties due to illness or injury, the President shall inform the employee in writing of the basis for the President's belief and may require the employee to obtain a medical examination by a doctor chosen and paid for by the University or by a doctor chosen and paid for by the employee who is acceptable to the University. Refusal of an employee to submit to a medical examination may result in suspension of the employee or other disciplinary action. The doctor shall submit an opinion to the President as to whether the employee
   1. ) has a physical or mental condition which constitutes a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact or
   2. ) has a physical or mental condition which prevents the employee from performing the duties required by the position of employment. A copy of the doctor's opinion shall be given to the employee. At the employee's discretion and expense, a second medical opinion may be obtained for consideration by the President. If two medical opinions are obtained which are in conflict, the two doctors or the relevant professional association or society shall be requested to identify a third doctor to supply an additional medical opinion for consideration by the President. The expense of the third doctor's opinion shall be shared equally by the employee and the University.
2. If, after reviewing the medical opinions and other materials relevant to the employee's illness or injury, the President concludes that the employee
   1. ) presents a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact, or
   2. ) is unable to perform, with a reasonable accommodation, the duties required by the position of employment, the President shall place the employee on compulsory leave. The President shall notify the employee in writing of the duration of the compulsory leave period; however, the President may, with the agreement of the employee, extend the leave period if necessary and if so shall notify the employee in writing. Any earned leave credits (accumulated sick or vacation days) may be used during the compulsory leave period. That portion of the compulsory leave, if any, which is not covered by earned leave credits shall be without pay. No actions taken shall restrict or deny any rights guaranteed by the Family and Medical Leave Act (FMLA), the Americans With Disabilities Act (ADA), state or federal disability benefits, or existing WIU Board of Trustees Policy or Regulations.
3. After expiration of one-half of the compulsory leave period, or when the employee believes she or he is able to return to work, the employee may, upon prior notice to the University, and at the employee's expense, seek a medical opinion from a doctor acceptable to the University as to the ability of the employee to return to work. If after reviewing the opinion and other materials relevant to the employee's illness or injury the President concludes the employee is able to return to work, the employee may return to work immediately. If the President denies the request to return to work she or he shall notify the employee in writing with reasons.
4. If, at the end of a compulsory leave, after reviewing the opinion of the doctor chosen and paid for by the University or the doctor chosen and paid for by the employee who is acceptable to the University, and other materials relevant to the employee's illness or injury, the President concludes an employee is unable to return to work, the President may extend the period of compulsory leave, or if the University cannot reasonably accommodate the illness or injury,
   1. ) request the employee's resignation, or
   2. ) recommend termination in accordance with the procedures provided in Article 22. Termination under these circumstances shall not be considered to be a disciplinary action.

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