PART 1: PURPOSE

This Rule authorizes university administration to establish a paid leave benefit for regular nine-month faculty to be used for absence from work caused by an FMLA Qualifying Event.

PART 2: DEFINITIONS

1. Eligible Faculty are regular full time and part time nine-month faculty who do not otherwise accrue annual leave or sick leave.
2. FMLA: The federal Family Medical Leave Act, 29 U.S.C. 2601 et seq
3. FMLA Qualifying Events are as defined in the Family Medical Leave Act, which is posted on the Human Resource Services’ website at https://benefits.nmsu.edu.

PART 3: AUTHORIZATION OF FACULTY CARE LEAVE PROGRAM

The university will offer a paid leave benefit entitled “Faculty Care Leave”, subject to the following rules:

1. Eligible Faculty working full time (1.0 FTE) will accrue four hours of paid Faculty Care Leave per pay period (equating to nine days per full academic year). Eligible Faculty working less than full time will accrue Faculty Care Leave on a pro rata basis commensurate with their job FTE.
2. Eligible Faculty may accrue up to a maximum of eight hundred hours (100 days) of Faculty Care Leave.
3. Eligible Faculty employed prior to effective date of this Rule will receive Faculty Care Leave accrual credit commensurate to their length of service with NMSU, up to ten years of service.
4. Faculty Care Leave may only be used during the faculty member’s nine month academic employment period, when absence from work is due to a FMLA Qualifying Event.
5. No payment will be provided for accrued Faculty Care Leave balances upon separation from NMSU service nor upon death.
6. Nine-month faculty will not be eligible to participate in the Sick Leave Bank.
7. Faculty in 12-month positions who transfer into nine-month faculty positions will have accrued sick leave, up to 800 hours, converted to a Faculty Care Leave balance.
8. Faculty in nine-month positions who transfer into a 12-month leave eligible position will be allowed to maintain their Faculty Care Leave accrued balance for use in their new position.

PART 4: PROCEDURES FOR IMPLEMENTATION AND OTHER GUIDANCE

1. Regardless of the availability of accrued Faculty Care Leave, faculty members may be eligible for FMLA leave, as provided by law. (See ARP 8.45 – LOA – Family and Medical).  FMLA leave will be unpaid, to the extent that the amount of leave taken exceeds the available Faculty Care Leave balance.
2. A faculty member who is unable to work due to their own medical condition will be allowed to use accrued Faculty Care Leave beyond the 12 work weeks allowed under FMLA.  Medical documentation will be required in such cases.
3. Faculty with health conditions that fall within the definition of “disability” under the Americans with Disabilities Act should consult with the ADA Coordinator within the Office of Institutional Equity to determine whether they may be eligible for additional leave as a reasonable accommodation of that disability.
4. Faculty members are required to notify their department head on every occasion during the nine-month academic employment period when they are unavailable to work.
5. Department heads/supervisors must notify fmla@nmsu.edu when a faculty member is unavailable to work for more than 3 consecutive working days or when the supervisor has knowledge a faculty member may have a need for Family Medical Leave.
6. FMLA will be designated and Faculty Care Leave will be used for qualifying events as of the 6th work day that the faculty member is unavailable to work. (Time off of less than 6 work days will be paid as regular work time.)
7. Human Resource Services – Benefits Services must review and approve all leave taken for qualifying events under the federal Family and Medical Leave Act and will communicate with the faculty member’s department head regarding approval and usage details.
8. Leave without Pay (LWOP) is available for faculty members whose Faculty Care Leave is exhausted to cover the duration of their FMLA leave.
9. University administrators shall not discourage faculty from taking advantage of their FMLA rights or the Faculty Care Leave benefit.  Faculty members who wish to consider alternative work schedules or alternative work locations, in lieu of taking all or part of the legally protected FMLA leave, may initiate discussion of such options with their department heads.  If an agreed upon proposal for such alternative arrangements is approved by the college dean, then upon documentation of the faculty member’s voluntary consent to the alternative arrangements, and final approval by the Provost, the alternative arrangements may be implemented.
10. Academic departments will be responsible for making arrangements to cover the workload of any faculty member on FMLA or Faculty Care Leave.   Faculty members on FMLA or Faculty Care Leave cannot be asked to perform any work while on leave.
11. All paid time off for Faculty Care Leave will be paid from departmental salary budgets (and will not result in salary savings).

Related

Cross-Reference:

ARP 8.45 - LOA – Family and Medical

Revision History:

2017 Recompilation, formerly Rule 7.20.42
11/08/2016 Amendment approved by Chancellor
10/21/2015 Policy 7.20.42 Policy 7.20.42 replicated as initial Rule 7.20.42 approved by Board of Regents 
10/21/2015  Policy 7.20.42 ratified by Board of Regents
08/17/2015 Adoption of Policy 7.20.42 provisionally implemented by Chancellor