WIU/UPI Agreement 2007-2011

Article 27: Compensable Fringe Benefits
Unit A

27.1. During the terms of this Agreement, employee benefit programs (e.g., health, life, etc.) shall be provided to all employees covered by this agreement who are eligible to participate in those programs in accordance with the Illinois State Employees Group Insurance Act, Illinois Compiled Statutes, 5 ICLS, 375/1 et. seq., as amended. The parties agree to accept all of the terms and conditions in employee benefit packages as determined by the Department of Central Management Services (CMS) to be intended to apply to employees of Western Illinois University. Changes or modifications to benefits, benefit levels, or the types of employee benefit packages that may be offered is the exclusive right of CMS. The costs for participation in any of the employee benefit programs that CMS determines to be contributory by the employee and costs for optional coverage are the sole responsibility of the employee. This Article is subject to renegotiation pursuant to the provisions of Article 15.1.

27.2. Sabbatical Leave

  1. Purpose
    Because of its commitment to provide excellence in education, the Board recognizes the need for granting sabbatical leaves to faculty members for the purpose of encouraging scholarly and professional development for the mutual benefit of the University and the employee.

    A sabbatical leave may be used for the purpose of acquiring new professional skills and updating existing professional skills as well as for research, in accordance with the purpose stated above.
  2. Eligibility
    A sabbatical leave is granted at the discretion of the University President. A tenured employee is eligible to apply for a sabbatical leave from the University only after completing at least five years of full-time service in the bargaining unit at the University. A sabbatical leave shall not be awarded to the same employee more than once every seven academic years, and sabbatical leave time shall not be cumulative.
  3. Quota
    The quota shall be one sabbatical leave for each 17 employees, or major fraction thereof.
  4. Sabbatical Leave Proposal
    The sabbatical leave proposal shall include (1) a summary of the project; (2) a plan of activity; (3) a current vita and/or evidence of background/preparation in topic area, if appropriate; (4) expected result or outcome of project (e.g., publication, recital, art show, etc.); and (5) a report from previous sabbatical, if appropriate.
  5. Procedures
    Sabbatical leave proposals shall be reviewed and processed according to established procedures. The department chair, dean, UPC, and Provost shall each recommend/not recommend to the University President based on the information supplied in Article 27.2.d. The University President may deny a request for sabbatical leave because the sabbatical proposal is academically unacceptable. In the event that such a denial is made, upon request made within 10 working days after receipt of such denial, the University President shall provide a written explanation for the denial to the employee who submitted the proposal.
  6. Priority
    If the number of academically acceptable sabbatical leave proposals exceeds the number of available sabbatical leaves at the University, priority of award shall be determined on the basis of years of full-time service at the University or years of full-time service since the last sabbatical. If an employee has never had a sabbatical from the University, her or his priority shall be determined on the basis of years of full-time service at the University. If an employee has had a sabbatical from the University, that employee’s priority shall be determined on the basis of the numbers of years of full-time service since the employee’s last sabbatical. “Full-time service” is defined as 100% appointment for a full academic year. It excludes time of service under temporary contracts, leaves of absence without pay, and time not in the bargaining unit.
    If for sabbatical quota reasons it becomes necessary to select part of a group having the same years of full-time service, the highest academic rank will be given precedence. If further selection must be made, sabbatical leaves will be offered to those persons in the academic rank who hold the terminal degree. If ties still exist, the criterion will be academic years of full-time service in rank. If ties still exist, the criterion will be in social security number closest to 000-00-0000, counting from 000-00-0000 upward.
  7. Program Need
    A sabbatical may be deferred to a later date if necessitated by program need. Notice of deferral must be given upon notification of receipt of the sabbatical. The person deferred will begin accruing years of service toward eligibility toward the next sabbatical with the year following the initial granting of the sabbatical.
  8. Term
    1. The term of sabbatical leave shall be either one semester at full pay or two semesters at half pay. Each academic year, 75% of the total sabbatical leaves available for award shall be available for award for one semester at full pay.
    2. If an academic employee receives a grant in connection with a sabbatical leave, the duration of the sabbatical may be adjusted by the University to coincide with the provisions of the grant.
  9. Conditions
    1. Each employee who is granted a sabbatical leave shall agree to serve at the University for at least one academic year after the completion of the sabbatical and shall give a judgment note to the University for the amount of the sabbatical leave. This judgment note will be cancelled at the end of the required year of service or upon the permanent disability or death of the employee. In the event that the employee serves a portion of an academic year, then she or he shall be charged a prorated amount of the judgment note.
    2. Each employee in her or his sabbatical proposal shall inform the University of other salaries, grants, fellowships, or financial support for which the employee has applied or does receive. If notice of support is received after the proposal is submitted, the employee shall notify the appropriate vice president.
    3. Any change in the sabbatical which significantly modifies the original proposal must be reported to the appropriate department chair, dean, and appropriate vice president for approval before the sabbatical is undertaken.
  10. Report of Sabbatical Leave
    By the end of the first semester following return to the University from sabbatical leave, the employee shall file a written account of sabbatical activities and accomplishments as related to the goals and objectives stated in the sabbatical proposal with the department chair, dean, and appropriate vice president. The report shall include (1) a summary of the project/work accomplished; (2) progress toward and/or completed outcomes as stated in the proposal (e.g., publication, recital, art show, etc.); (3) an updated vita, including works-in-progress; and (4) a discussion of future benefit resulting from the sabbatical. The Academic Vice President shall mark the report complete/incomplete. The faculty member will have an opportunity to rewrite an incomplete report and resubmit it within 30 days. A report that remains incomplete may result in the individual not being eligible for future sabbaticals. All sabbatical reports shall be placed in employees’ personnel files and in the University Archives.
  11. Miscellaneous
    Time spent by an employee on a sabbatical leave will be credited for the purpose of determining eligibility for promotion.

27.3. Retraining Leave

  1. The University President, at her or his discretion, may grant a retraining leave to an eligible employee for the purpose of acquiring new skills for the benefit of the University.
  2. The University will establish procedures for submission of applications for retraining leaves. Applications shall specify the purpose, method, and timetable of the retraining leave.
    Applications submitted pursuant to Article 24, Staff Reduction Procedures, shall be considered at any time. If successful completion of a retraining leave might lead to transfer of the applicant to a specific department in the University, the University President will provide that department an opportunity to discuss the retraining leave proposal.
  3. The term of a retraining leave may be for a period of up to 12 months. Retraining leaves may be renewed at the discretion of the University President after recommendation by the department chair, dean, and appropriate vice president. Compensation for retraining leaves shall be at no less than half pay.
  4. Each employee who is granted a retraining leave shall agree to serve the University for at least three academic years after the completion of the leave and shall give a judgment note to the Board of Trustees for the amount of the retraining leave. This judgment note is to be cancelled at the end of the required period of service or upon the permanent disability or death of the employee, or if the employee is non-retained or is not granted tenure.
  5. Upon completion of a retraining leave an employee shall file a written account of retraining activities and accomplishments with the appropriate vice president. If after successful completion of a retraining leave, an employee is transferred to another department, her or his transfer shall be made in accordance with the provisions of Article 25, Transfer.
  6. There shall be no evaluation of an employee for the purpose of retention during the period of a retraining leave unless the time on leave is being credited toward tenure in accordance with Article 27.3.g. below.
  7. Time spent by an employee on a retraining leave will be credited for the purpose of determining eligibility for tenure, promotion, or sabbatical upon approval of the University President. At the time of application, an employee must indicate in writing to the University President whether the employee wishes the time spent on a retraining leave to be credited for the purpose of determining eligibility for tenure, promotion, or sabbatical. Upon request, the University President will provide a written explanation within 10 working days to an employee whose request to credit the time spent on a retraining leave for the purpose of determining eligibility for tenure, promotion, or sabbatical has been denied.

27.4. Parental Leave

  1. A tenured/tenure-track employee may take up to four consecutive weeks of parental leave at full pay commencing with the birth or adoption of her or his child (these days will not be deducted from sick leave).
  2. If both parents are employees of the University, one parent shall be designated as the “primary” parent and may take up to four consecutive weeks of parental leave at full pay commencing with the birth or adoption of her or his child (these days will not be deducted from sick leave). The “secondary” parent may take up to two consecutive weeks of parental leave at full pay commencing with the birth or adoption of her or his child or following immediately the leave of the primary parent (e.g., the primary parent finishes four weeks leave and then the secondary parent takes two weeks leave). These days will not be deducted from sick leave.
  3. Following the Parental Leave granted above, the appropriate vice president may approve an employee’s use of additional earned sick days for recovery of the employee or child (see Article 27.7.).
  4. Upon a positive recommendation from an employee’s department chair and dean, she or he may negotiate with the Academic Vice President workload and salary at less than 100% employment (e.g., 50% employment will be compensated at 50% salary) for up to two semesters after, or consistent with, the birth or adoption of a child. The request for less than 100% employment should be made as early as possible and must be taken in “full” semester increments. If an employee is granted less than 100% employment after, or consistent with, the birth of a child, four weeks of that employment shall be compensated at full salary (consistent with Article 27.4.a. above). The retention, tenure, promotion, sabbatical, and PAA clock shall stop while the employee is on this less than full-time status unless the employee requests and is granted approval from the Academic Vice President to include the evaluation year. A request to count the evaluation year must be submitted by the end of the fourth week after her or his return to full-time employment.
  5. An employee also has the right to additional time off as provided for in the Family Medical Leave Act of 1993.

27.5. Annual Leave

  1. Any tenured/tenure-track employee who is employed on a 12-month contract shall earn annual leave at the rate of two days per month during each month or major fraction thereof of service in full-pay status. No other employee in Unit A shall earn or receive annual leave.
    An employee who is employed on a 12-month contract may accrue annual leave during the term of employment at the University up to a maximum of 48 days. An employee who has accrued the maximum will earn no further annual leave until the employee’s use of annual leave reduces the accrual below the maximum. An employee who is required to work on a special assignment may, at the discretion of the University President, or her or his designee, be permitted to earn up to 12 days of annual leave beyond the maximum of 48 days. Such additional annual leave must be used within 12 months after the employee completes work on the special assignment.
    Upon cessation of employment with the Board, an employee, or such employee’s estate, shall be entitled to a lump sum payment for accrued annual leave. Annual leave days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, accrued by the employee and subtracting any days, or fractions thereof, used by the employee.
  2. Annual leave shall be earned before being taken. All requests for annual leave must receive approval prior to the leave being taken. Requests for annual leave in excess of three days shall be submitted to the employee’s department chair at least 30 days in advance of the date on which the employee wishes to begin leave.
  3. A response shall be given within seven days to a request for annual leave in excess of three days. Approval of the dates on which an employee wishes to take annual leave shall be at the discretion of the appropriate vice president and shall be subject to the consideration of maintaining efficiency of operations. A request for annual leave shall not be unreasonably denied.
  4. Deductions of annual leave shall not be made for any Board-approved holiday or when the University is closed to the public. During the contractual period of appointment, any employee not on approved annual leave shall be accessible in accordance with Article 18.15.

27.6. Military Leave

  1. A tenured/tenure-track employee who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia shall be granted leave for any period actively spent in such military service, while under contract, including
    1. basic training;
    2. special or advanced training, whether or not within the State, and whether or not voluntary; and
    3. annual training.
  2. During leaves for annual training, the employee, while under contract, shall continue to receive her or his regular compensation. During leaves for basic training and up to 60 calendar days of special or advanced training, if such employee’s compensation for military activities is less than her or his compensation as an employee, she or he shall receive her or his regular compensation as an employee minus the amount of her or his base pay for military activities. The deduction of military pay from the salary of an employee shall be reflected in the first payroll prepared after verification of the amount of the employee’s military pay.
  3. A member of the National Guard (or other State military component) who is called to temporary active duty in case of civil disturbance or natural disaster declared to be an emergency by the Governor may receive a combined salary from the University and the military equal to, but not exceeding the employee’s pro rata daily rate for work days absent. If the daily rate received for temporary active duty exceeds the daily rate of the employee from the University, the employee may elect to accept the higher rate in which instance the employee shall receive no compensation from the University. The amount of compensation received for temporary active duty shall be reported to the University within 30 days after release from temporary active duty. Appropriate adjustment to offset the amount received shall be made on the next regular payroll. Time used for temporary active duty shall not be deducted from the time allowed for regular military training periods in accordance with Articles 27.6.a. and 27.6.b.

27.7. Sick Leave

  1. Sick leave may be used for injury or illness of an employee, including temporary disabilities caused or contributed to by pregnancy. An employee may use up to 10 days of earned sick leave per academic year for absences resulting from the illness or injury of a parent, spouse, domestic partner, or child. Upon approval of the appropriate vice president, an employee may use additional accrued sick leave for such absences.
    1. An employee who has accrued sick leave at the University shall be credited with such accrual as of the effective date of this Agreement. If the accrual exceeds 360 work days, the employee shall earn no further sick leave until the employee’s use of sick leave reduces the employee’s accrual below the maximum of 360 work days specified in Article 27.7.b.(2) below.
    2. An employee may accrue sick leave during the terms of employment at the University up to a maximum of 360 work days. An employee who has accrued cumulative sick leave earned before January 1, 1984, shall continue to earn cumulative sick leave at the rate of not more than 1.75 days per month, provided that the sick leave balance of such employee remains at the maximum by the deduction of no more than 1.75 days per month of cumulative sick leave earned before January 1, 1984. An employee who accrues the maximum, and whose sick leave balance does not include any cumulative sick leave earned before January 1, 1984, will earn no further sick leave until the employee’s use of sick leave reduces the accrual below the maximum.
  3. During the first three years of employment at the University, an employee shall earn sick leave at the rate of 20 work days per academic year or 1.75 work days for each month, or major fraction thereof, of service under the employee’s contract, whichever is greater. Thereafter, the employee shall earn sick leave at the rate of 1.75 work days for each month, or major fraction thereof, of service under the employee’s contract, irrespective of the term of the employee’s contract. During the first three years of employment, sick leave will be credited to employees at the beginning of each academic year. Thereafter, sick leave shall be earned on a monthly basis.
  4. Sick leave must be taken in units of no less than one-half day. Sick leave must be filed whenever an employee is unable to perform her or his professional obligations, either on or off campus, for reasons of illness or injury. Procedures for reporting sick leave will be developed in consultation with the Union Chapter President and provided to each employee. An employee on sick leave will remain in that status until the employee informs the University that she or he is able to return to work.
  5. Sick leave may be used only during the term of an employee’s period of appointment.
  6. Deductions of sick leave shall not be made during any Board-approved holiday nor shall deductions be made when University classes are not in session, unless the employee is assigned teaching responsibilities during such time period. No more than five days of sick leave shall be deducted in any one calendar week, unless the employee is scheduled for more than five days.
  7. Lump Sum Payment
    1. Upon cessation of employment for at least 30 days, an employee or such employee’s estate shall be entitled to a lump sum payment for accrued sick leave earned on or after January 1, 1984, through December 31, 1997.
    2. The lump sum payment for accrued sick leave shall be computed as the product of the employee’s daily rate of compensation and one-half of the lesser of the following: (1) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Article 27.7.b.(2) minus any days, fractions thereof, of accrued sick leave used by the employee; or (2) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Article 27.7.b.(2) after December 31, 1983. Accrued sick leave days shall be used in the following order: pre-January 1, 1984; post-December 31, 1997; January 1, 1984, through December 31, 1997.
    3. An employee who has received a lump sum payment for accrued sick leave in accordance with this Article and who, within two years of the cessation of her or his employment with the Board, is reemployed by the Board, may have her or his accrued sick leave restored if, within 30 days after the commencement of such reemployment, the employee repays said lump sum payment to the Board. For each day of sick leave to be restored, the employee shall repay the gross amount she or he was paid for one day of accrued sick leave. An employee may have part or all of her or his accrued sick leave restored in this manner; however, if the employee does not make any such repayment to the Board, she or he shall not be entitled to have any such sick leave so restored.
      Pursuant to Public Act 92-0599 and subsequently upon the employee’s request, unused sick leave that can be used for sick leave buy-out will be paid at the current rate of earnings as part of earnings from the University during the period of up to two academic years of employment prior to retirement, subject to the 20% limitation and the guidelines set by State Universities Retirement System (SURS). The employee must submit an Irrevocable Election to Retire prior to receiving this benefit. In the event that Act 92-0599 is repealed or amended, unused sick leave that can be used for sick leave buy-out will not be paid as part of earnings from the University during the period of up to two years of employment prior to retirement, unless a new agreement allowing such payment is negotiated by the University and UPI. Employees already receiving the benefit at the time of the repeal or amendment of Act 92-0599 will continue to do so.
  8. Upon recommendation of the appropriate vice president, the University President may grant a tenured or tenure-track employee a leave with full pay for a period not to exceed 60 calendar days, if the employee
    1. has completed at least three full academic years of service at the University;
    2. has exhausted all sick leave benefits under the terms of this Agreement;
    3. is a participant in SURS; and
    4. is entitled to and has applied for disability benefits under SURS.
  9.  
    1. Nothing shall prevent or limit the University from requiring appropriate verification, or from taking action on the results of such verification, of the legitimacy of the use of sick leave by an employee where the University has reason to doubt the legitimacy of such use.
    2. Nothing shall prevent or limit the University from requiring appropriate documentation prior to a return to work from sick leave. Such documentation would indicate approval to return to work and state any limitations on such approval which might affect scheduling and/or performance of assigned duties and necessitate modification of the assignment. In such cases, sick leave days used will be prorated until the employee is able to return to a full-time status.
  10. Sick Leave Bank
    An employee choosing to participate in the University’s Sick Leave Bank may draw additional sick leave days under the terms and conditions of the University’s Sick Leave Bank Policy as it exists at the time of ratification of this Agreement.

    A Union-appointed representative will be a member of the committee established to administer the program.

27.8. Personal Leave

Up to five days of sick leave per year may be used for personal days. All requests for personal leave must be submitted prior to the leave being taken. Any request for personal days during the first and last weeks of the semester or for the two days immediately preceding or following fall or spring break must be approved. Requests for more than two personal leave days must be approved by the employee’s immediate supervisor.

27.9. Professional Meetings and Work-Related Travel

  1. An employee’s expenses in connection with approved professional meetings or activities may be reimbursed in accordance with written University policy.
  2. An employee shall receive a reimbursement for authorized travel required by the employee’s work assignment in accordance with written University policy.

27.10. Bereavement Leave

  1. Leave with pay of up to five consecutive days per occurrence will be granted to an employee in the event of the death of a member of the employee’s immediate family or a relative. Bereavement leave may only be used during the term of an employee’s contract. Bereavement leave shall be taken in not less than one-half day increments and may not be accrued.
  2. Upon approval of the appropriate department chair and dean, an employee may use accrued sick leave for bereavement leave requirements in excess of five days.

27.11. Leave for Court-Required Service

An employee who is summoned for jury duty or subpoenaed as a witness before a court of competent jurisdiction or as a witness in a proceeding before any state or federal administrative agency shall be granted leave with pay and any jury or witness fees may be retained by the employee provided that no employee shall be given leave with pay for (1) appearing as a party in a non-job related proceeding involving such employee, (2) appearing as an expert witness when the employee is compensated for such appearance, or (3) appearing as a plaintiff or complainant in a proceeding in which the Board or the University is a defendant or respondent.

27.12. Educational Benefits

  1. A full-time employee may enroll for credit at the University for a maximum of two courses, or six credit hours, whichever is greater, in any one academic term with exemption from the payment of tuition and fees.
  2. The natural, adopted, foster, or stepchildren, or the spouse/domestic partner of any employee who dies while in service shall be entitled to a waiver of tuition and fees up to and including the baccalaureate degree at the University. Should both parents be employees, the death of one parent makes the child eligible for a waiver. Children of divorced employees are eligible if the deceased employee had been contributing to their support.

27.13. Benefits While on Compensated Leave

  1. An employee on compensated leave may continue to contribute toward and receive the benefits of any State or Board insurance program and 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 SURS so permit.
  2. Upon return to the University from a compensated leave, an employee’s salary shall be adjusted to reflect nondiscretionary increases which the employee would have received if not on leave.

27.14. Previously Accrued Leave

  1. If an employee has accrued cumulative annual leave and moves into a position in which annual leave is not accrued, that employee’s accrued cumulative annual leave will be maintained on the University’s records until the employee moves into a position in which annual leave may be accrued, at which point the employee shall be credited with previously accrued annual leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Board Regulations.
  2. If an employee has accrued cumulative sick leave and moves into a position in which sick leave is not accrued, that employee’s accrued cumulative sick leave will be maintained on the University’s records until the employee moves into a position in which sick leave may be accrued, at which point the employee shall be credited with previously accrued sick leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Article 27.7.g.(2).

27.15. Retirement Contracts

Faculty in their last year of employment before retirement may negotiate a terminal contract with the appropriate department chair, dean, or Academic Vice President. Any terminal contract must be approved by the Academic Vice President. Retirement contracts will be funded outside the department and college’s regular budget allocation. Contracts written during the summer will fall outside a department’s Summer Session rotation. Equal access to this opportunity shall be available to all those eligible.

27.16. Post-Retirement Employment

Following retirement, an employee who returns to University employment is not a member of the bargaining unit.