Staff Handbook

(Fayetteville Policies and Procedures 409.2, 509.1; Universitywide Administrative Memorandum 435.1; Arkansas Code Ann. §1-5-101 through 104; AHRMS Policy Manual 103-1, 2)

The Board of Trustees delegates to the campuses the schedule of official holidays for each fiscal year. There are ordinarily twelve official paid holidays and one or two additional days when the University is closed and which are charged to your annual leave. The usual schedule includes the following holidays: Independence Day, Labor Day, Thanksgiving Day, the Friday following Thanksgiving, Christmas Eve, Christmas Day, New Year's Day, Martin Luther King's Birthday, the Friday of Spring Break (in lieu of Presidents' Day/Daisy Gatson Bates Day), Memorial Day, and your birthday. Because the University ordinarily closes for the entire week between Christmas Eve and New Year's Day, you will be charged annual leave for any days during that period not covered by regular holidays or additional holidays declared by the Governor. One of the days will be a holiday in lieu of your birthday. If you decide to observe your birthday on the date it occurs, instead of using it in lieu of an annual leave day between Christmas Eve and New Year's Day, be certain to inform your department leave representative as far in advance of your birthday as possible.

Starting in 2003, the Governor has given permission for University employees to work additional hours during the month of December which may be substituted for annual leave on those days when the University is officially closed which are not covered by holidays. Specific instructions will be sent to employees and department leave representatives annually.

When a holiday (except December 25) occurs on a Saturday, the preceding Friday is observed; when December 25 occurs on a Saturday, the following Monday is observed. When a holiday (except December 24) occurs on a Sunday, the following Monday is observed; when December 24 occurs on a Sunday, the preceding Friday is observed.

If you are assigned a work schedule which requires you to work on a regularly-scheduled holiday, you may be granted time off on another date that is convenient for you and your department. If the workload in your department makes it difficult to arrange an alternate day to observe your holiday, you may be paid for the holiday, at your regular pay rate, in accordance with provisions of the Fair Labor Standards Act.

If you are a full-time employee, you are eligible to observe these holidays at full pay. If you work less than full-time, but half-time or more, your holiday pay will be proportionate to the time worked. For example, if you work half-time, your holiday pay will be at a rate equivalent to four hours. You must be in a paid status (not on leave without pay) on your normally scheduled work day before the holiday and your normally scheduled work day after the holiday. If you are a non-student, regular hourly employee and regularly work twenty or more hours a week, you are eligible for pay for University holidays at a rate proportionate to the number of hours you regularly work, provided you work your scheduled day before and your scheduled day after the holiday. Students hourly employees are paid only for hours actually worked. You are considered a student, and therefore not eligible for holiday pay, if you are taking six or more undergraduate credits or five or more graduate credits.

(Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; Fayetteville Policies and Procedures 415.0; AHRMS Policy Manual 105-2)

If you work 1,000 hours or more per year in an appointed classified position, and you are not employed in a student title (such as Student Assistant, Professional Student Assistant, Graduate Assistant, Senior Graduate Assistant, or Master Lecturer), you earn annual leave. If you are a full-time employee, you earn annual leave in accordance with the following schedule. If you are not full-time, but work 1,000 hours or more per year, you earn annual leave in proportion to the time you work.

If you work 1,000 hours or more per year in a regular appointed non-classified position that is listed as a 12-month position in the University's appropriation act, you earn annual leave. If you work full-time (100% appointment), you earn annual leave at the rate of 15 hours per month or 22.5 days per year. If you work less than full-time in a 12-month non-classified position, but your appointment is 50% or greater, you earn annual leave at that rate, in proportion to the time you work.

Annual leave is cumulative and is added to your annual leave balance as it is earned; however, you may not have more than 30 days (240 hours) on January 1 of each year. Your total accumulated leave may exceed 30 days during the year, but any amount over 30 days is lost if not used by December 31 of each year. If you are a non-exempt employee and your annual leave accumulation is 240 hours or more for the current and the previous month, leave usage that would ordinarily be charged to compensatory time will be charged to annual leave, to help you avoid losing annual leave on January 1 of the next year. Your compensatory time balance will remain available for you to use.

If you transfer to the University from another state agency or institution of higher education, without a break in service, you retain and transfer all of your accumulated annual leave. Your prior service will also be figured into the rate at which you earn annual leave, shown on the chart above. You will receive one year's credit for each full year that you have worked in another state agency or institution of higher education. You will not, however, receive credit for partial years.

Annual leave must be earned before it can be used. You may not borrow from amounts you expect to earn, and you may not use annual leave earned by other employees. You continue to earn annual leave at your normal earning rate when you are on leave with pay. You do not earn annual leave during a month when you are on leave without pay for ten or more days, or an equivalent proportion if your appointment is less than 100%.

You may request annual leave at any time, but your request must be made in advance and must be approved by your supervisor. Your supervisor may require that you take annual leave at those times when it will be most convenient for and least disruptive to your department or work unit. Annual leave is granted on a basis of work days, not calendar days. Non-work days, such as weekends and holidays, which fall within a period when you are using annual leave are not charged against your annual leave. If you exhaust your earned annual leave, you may use compensatory leave, but you may not use sick leave or other forms of leave for annual leave purposes. However, annual leave will be used if you are sick or an immediate family member whom you must care for is sick and you have used all of your sick leave. In the BASIS system, when sick leave is exhausted, additional sick days are charged against annual leave.

If you end your employment with the University for any reason, including termination, retirement, resignation, or death, your final pay will include a lump sum payment for any accrued but unused annual leave, up to, but not exceeding 30 days (240 hours) or 60 days (480 hours) in the case of death. The BASIS Leave Accounting system credits your full monthly accrual of annual leave at the first of each month. If you end employment with the University, your last month's annual leave accrual will be pro-rated to reflect your actual termination date. If you receive a lump sum payment for annual leave, you may not return to University employment until the number of days for which you received annual leave payment have elapsed.

If you are a twelve-month employee and are scheduled to change to a nine-month appointment, you must take all of your accrued, unused annual leave before the end of the twelve-month appointment period. Your employment period cannot be extended to compensate you for unused annual leave when you change from a twelve-month to a nine-month appointment and you cannot receive a lump sum payment for unused annual leave unless you are terminating your employment with the University.

(Board Policy 420.1, 420.2; Fayetteville Policies and Procedures 415.0; AHRMS Policy Manual 105.3, 220.22.4); Arkansas Code Annotated § 21-4-501 through 504, § 19-4-1607(b)(2), and § 19-4-1613(a)

If you work at least 1,000 hours per year in an appointed position, and you are not employed in a student title (such as Student Assistant, Professional Student Assistant, Graduate Assistant, Senior Graduate Assistant, or Master Lecturer), you earn sick leave. You earn sick leave at the rate of eight hours, or one day, for each full month of employment, if you work full-time. If you work less than full-time, but 1,000 hours or more per year, you earn sick leave at a rate proportional to the time you work. If you work less than 1,000 hours per year, you do not earn sick leave. You accrue sick leave only when you are in a paid status, including when you are on leave with pay. You do not earn sick leave for any calendar month during which you are on leave without pay for ten or more days, or an equivalent proportion if your appointment is less than 100%.

Your accrued sick leave cannot exceed 120 days (960 hours) on January 1 of each year. Your total accrued sick leave may be more than 120 days during the year, but any amounts over 120 days will be lost if you do not use them by December 31 of each year. The BASIS Leave Accounting system credits your full monthly sick leave on the first of each month. If you end employment with the University, your last month's sick leave accrual will be prorated to correspond with your termination date. If you transfer without a break in service to another state agency or institution of higher education, you will retain your accumulated sick leave. If you are laid off because of budgetary reasons or curtailment of University activities and return to University employment within six months, your accrued, unused sick leave at the time of the lay-off may be restored to your account.

If you are an appointed classified employee, you will be paid for unused, accumulated sick leave when you retire. The amount you are paid will be calculated according to the following formula:

• If you have accumulated at least 50 days of sick leave, but less than 60, you will receive 50% of the number of days accrued times 50% of your daily salary.
• If you have accumulated at least 60 days of sick leave, but less than 70, you will receive 60% of the number of days accrued times 60% of your daily salary.
• If you have accumulated at least 70 days of sick leave, but less than 80, you will receive 70% of the number of days accrued times 70% of your daily salary.
• If you have accumulated at least 80 or more days of sick leave, you will receive 80% of the number of days accrued times 80% of your daily salary.
• The maximum payment at retirement will be $7,500.
• If you die while you are actively employed, a payment for unused sick days will be made to your estate, using the same formula.

If you receive pay for unused sick leave at retirement and return to state employment, you are not required to wait the number of days for which you received the sick leave pay, nor are you required to repay the sick leave compensation.

Sick leave is granted on the basis of work days, not calendar days. Non-work days, such as holidays and weekends, are not charged to sick leave. Sick leave may not be used in addition to or instead of annual leave, but is to be taken only when you must be absent from work because of illness or injury or to keep an appointment with a physician, dentist, optometrist, chiropractor, osteopath, or mental health care provider. You may also use sick leave when a member of your immediate family is seriously ill or dies. Immediate family includes your father, mother, sister, brother, husband, wife, child, grandchild, grandparents, in-laws, or anyone acting as your parent or guardian. If you are absent from work because of a temporary work injury or illness that entitles you to workers' compensation benefits, you may use sick leave as a supplement to your workers' compensation benefits. The combination of workers' compensation benefits and sick leave pay cannot equal more than your regular salary.

If you are absent from work because of an illness or injury or for any other reason that makes you eligible for sick leave, your leave will be charged in the following order: (1) earned sick leave, (2) any earned compensatory or holiday time, (3) earned annual leave, (4) leave without pay, except when you take maternity leave.

If you wish to use sick leave for a medical, dental, or optical appointment, for a scheduled hospital stay, for a funeral, or for any other use that you are aware of in advance, you should make a request to your supervisor, as early as possible. If you cannot come to work because you are ill, you must notify or have someone else notify your supervisor within the first hour of the work day. Some departments may require earlier notice. Notification should be made on the first day you are ill and on each subsequent work day, unless you provide a statement from your physician defining a range of time you will be absent because of illness or injury. If you are returning to work after an extended absence because of illness, injury, or surgery, you should give your supervisor as much advance notice as possible.

If you are absent because of illness or injury for five or more consecutive days, you may be asked to furnish written proof of illness or injury from a doctor. Some departments may require proof of illness or injury after three consecutive days. Fraudulent claims of illness or injury and patterns of abuse of sick leave may result in disciplinary action.

If you are absent from work because of a temporary occupational illness or injury and are entitled to Workers' Compensation benefits, you may use sick leave to supplement your Workers' Compensation so that your weekly pay from both sources is equal to (but does not exceed) your normal pay at the time of the injury or onset of the illness. Your accrued sick leave will be reduced by the amount you use to supplement Workers' Compensation. If you are receiving Workers' Compensation benefits for a permanent disability, you are eligible for full pay from both sources until your accrued sick leave is exhausted.

If you are recuperating from an injury, an illness, or surgery and your doctor approves your return to work but places restrictions on what you can do, the University will make every effort to accommodate the restrictions. You will need to provide a statement from your doctor releasing you to full duty or identifying your restrictions. Your supervisor will review the restrictions to determine whether you can successfully carry out your job responsibilities within the limitations they impose. Your physician may be contacted to obtain further information about your restrictions, and the University Health Center may be consulted for a second opinion, when necessary.

(Act 546 of 2003)

If you serve as a human organ donor, you may take up to thirty days additional leave with pay at the time you make the donation. If you serve as a bone marrow donor, you may take up to seven days additional leave with pay at the time of the donation. This leave will not affect your leave accrual or time credited toward career service.

(Universitywide Administrative Memorandum 435.3; AHRMS Policy Manual 105-3.5)

You may use sick leave when you are absent from work because of the death of a member of your immediate family. Immediate family means your mother, father, sister, brother, husband, wife, child, grandchild, grandparents, in-laws, or any individual who has acted as your parent or guardian.

If you wish to attend the funeral of anyone outside your immediate family, you should make a request, as far in advance as possible, to your supervisor. Your absence will be charged to compensatory time first, then annual leave, or to annual leave if you have no compensatory time accumulated.

(The Family and Medical Leave Act of 1993 - CFR 29-825; AHRMS Policy Manual 105-6)

The federal Family and Medical Leave Act (FMLA) entitles you, if you meet its definition of eligible employee (see below), to a total of twelve work weeks of leave during any twelve-month period for one of the following reasons:

1. The birth of your child and to care for your newborn child;
    
2. The placement of a child with you for adoption or foster care;
    
3. The care of your spouse, child, or parent who has a serious health condition; or
    
4. A serious health condition that makes you unable to perform the functions of your job.

The twelve-month period during which you may take up to 12 weeks of FMLA leave is the calendar year (January through December.) In the case of your child's birth or adoption, the twelve-month period begins with the child's birth or placement. The actual amount of FMLA leave you take after your child's birth or adoption should be mutually agreed upon with your supervisor, taking into account your doctor's recommendations and any birth-related complications or serious health conditions.

Family and medical leave is leave without pay. However, the University requires you to use your accrued paid leave for as much of the twelve-week period as it will cover. If the reason for the family and medical leave is the birth or adoption of a child or an illness or injury for which you receive Workers' Compensation benefits, you may take unpaid leave, in accordance with University policies. Paid leave to handle personal and family medical needs is available under the sick leave, annual leave and catastrophic leave policies. Compensatory time off may not be counted as part of your FMLA entitlement, but it must be exhausted before you are granted leave without pay, and you may request the use of your compensatory time for an FMLA reason.

When the University becomes aware that your leave is for a purpose covered by the FMLA, it has the responsibility to notify you that you have been placed on FMLA leave. The University must make a determination about whether the leave will count as FMLA leave within two business days of the time you request the leave, or if there is not sufficient information to make the determination, at the point the information becomes available. If the University learns that your leave is for an FMLA purpose after your leave has begun or within two work days of your return to work, the entire leave or a portion of it may be counted retroactively as FMLA leave.

If you take or plan to take leave which meets the FMLA definitions, you must notify your supervisor that the leave was for an FMLA qualified event within two work days of your return to work and it must be designated as FMLA leave so you will have FMLA protection for your absence.

FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances.

1. If you take FMLA leave on an intermittent or reduced leave (part-time) schedule, it will not reduce the total amount of FMLA leave to which you are entitled. Only the amount of leave actually taken is counted toward your twelve-week entitlement. For example, if you normally work five days a week and take one day off for a qualifying FMLA purpose, you will use one-fifth of a week of FMLA leave.
    
2. You may take FMLA leave intermittently when it is medically necessary. If you request intermittent leave that is foreseeable because of planned medical treatment, your supervisor or department may require you to transfer temporarily to an available alternative position with equivalent pay and benefits but which better accommodates recurring periods of leave.
    
3. When you take FMLA leave for the birth of your child or the placement of a child with you for adoption or foster care, you may take the leave intermittently only if your supervisor agrees to the proposed arrangement. You may, with your supervisor's agreement, work part-time after the birth or placement of your child or take FMLA leave in several segments, up to the twelve-week cumulative limit. You do not need your supervisor's prior approval for FMLA leave if you are a new mother and have a serious health condition in connection with the birth of your child or if the newborn child has a serious health condition.
    
4. If you are an expectant mother, you may take FMLA leave before the birth of your child for prenatal care or if your condition makes you unable to work.
    
5. FMLA leave is designated for leave that is used before the actual placement or adoption of a child if your absence from work is necessary for the adoption or foster care placement to proceed. For example, you may be required to attend counseling sessions, appear in court, consult with your attorney, consult with a doctor who represents the birth parent, or submit to a physical examination.
    
6. You may use an intermittent or reduced leave schedule to care for a family member in a situation where the family member's condition itself is intermittent, when you need to share care responsibilities with another person, or when you need to make arrangements for changes in your family member's care, such as a transfer to a nursing home.
    
7. You may take intermittent FMLA leave for your own serious health condition which requires treatment by a health care provider periodically, rather than for one continuous period of time.
    
8. You may take intermittent or reduced schedule FMLA leave for absences when you are incapacitated or unable to perform the essential functions of your job because of a chronic serious health condition even if you do not receive treatment by a health care provider. If you must care for a family member who is incapacitated by a chronic serious health condition, you may use intermittent FMLA leave to care for him or her even if your family member does not receive treatment by a health care provider, as long as there has been an initial diagnosis by a health care provider and you have submitted the completed certification form (see below.)

To be eligible for FMLA leave, you must have been employed by the University for at least twelve months and must have worked at least 1,250 hours during the twelve-month period prior to the beginning of your leave.

If you and your spouse are both employed by the University, you are entitled to a total of twelve weeks leave, rather than twelve weeks each, for the birth or adoption of a child or to care for a sick parent. However, each of you is entitled to twelve weeks of FMLA leave for your own serious health condition or to care for your child or spouse. You and your spouse are entitled to a combined annual total of twelve weeks of FMLA leave to care for your own parents (not parents-in-law.)

Your use of FMLA leave for your own serious health condition or to care for a seriously ill child, spouse, or parent must be supported by a certificate issued by a health care provider. The certificate must contain the following information: the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider regarding the condition. If your FMLA leave is to care for a family member, the certificate must contain a statement that you are needed to care for your child, spouse, or parent, and an estimate of the amount of time required. If the FMLA leave is for your own serious health condition, a statement that you are unable to perform the functions of your job must be included.

FMLA leave designation forms and copies of the certificate to be completed by your or your family member's health care provider are available from your department leave representative or from Human Resources.

If you submit a complete certification signed by a health care provider, the University may not request additional information from your health care provider. However, a health care provider who represents the University may contact your health care provider, with your permission, to clarify or authenticate the medical certification. If there is reason to doubt the validity of your medical certification, the University may require a second opinion from a health care provider it designates. If that opinion differs, the opinion of a third health care provider, jointly approved by you and the University, may be solicited. That opinion shall be final and binding. The University will be responsible for the expense of the second and third opinions.

When the necessity for FMLA leave is foreseeable, you must provide the University with a completed Certificate of Health Care Provider form thirty days before your leave begins. If circumstances require that the leave begin in less than thirty days, you should provide as much notice as possible. In cases of illness, you may be required to report periodically on your leave status and your intention to return to work. You may be required to provide recertification on a reasonable basis, but not more often than every thirty days. Any medical information which you or your medical care provider submit will be considered confidential.

Upon return from FMLA leave, you will be reinstated in your former position or a position with equivalent benefits, pay, and other terms and conditions of employment. Other than paid leave which you take during the FMLA leave period, you will not lose any benefits accrued prior to your leave. You will not be entitled to any right, benefit, or position other than what you would have been entitled to if you had not taken FMLA leave.

If you participate in the University's group health care benefit plan, your coverage will be maintained, and the University will continue to pay its share of your premium while you are on FMLA leave. You will be responsible for paying the employee portion of your premium. You may choose not to retain your health care coverage during your FMLA leave. If you do so, you are entitled to have your coverage reinstated upon your return to work, without any qualifying period, physical examination, exclusion of pre-existing conditions, or other qualification that did not exist before you went on leave.

If your payment for your portion of the health insurance premium is more than thirty days late, the University's obligation to maintain your health insurance coverage ends. You must be given written notice that your payment has not been received, and that notice must be mailed at least fifteen days before your coverage is to end. The University may recover its share of your health insurance premium paid during unpaid FMLA leave if you fail to return to work for a reason other than a serious health condition or because of circumstances beyond your control. If the University has maintained other benefits, such as life or disability insurance, in order to meet its responsibility to provide equivalent benefits upon your return from FMLA leave, it may recover the costs incurred for paying the premium, whether you return to work or not.

The Family and Medical Leave Act makes it unlawful for an employer to interfere with, restrain, or deny the exercise of the rights provided by this law. It is also unlawful for an employer to discharge or discriminate against any employee who is involved in a proceeding related to the FMLA. Use of Family and Medical Leave cannot be a consideration in decisions to hire, promote, or discipline employees.

The following definitions are used in the FMLA regulations:

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

1. Inpatient care: Any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, hospice, or residential medical care facility;
    
2. Continuing treatment by a health care provider: Any period of incapacity of more than three consecutive calendar days, that also involves continuing treatment as follows:
   1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
   2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under supervision of a health care provider. A regimen of continuing treatment includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. It does not include taking over-the-counter medications or other similar activities that can be initiated without a visit to a health care provider.
       
3. Any period of incapacity due to pregnancy.
    
4. Treatment for a chronic health condition that 1) requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider, 2) continues over an extended period of time (including recurring episodes of a single underlying condition), and 3) may cause episodic rather than a continuing period of incapacity (asthma, diabetes, epilepsy, etc.);
    
5. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective: You or your family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, severe stroke, or the terminal stages of a disease;
    
6. Multiple treatments for non-chronic conditions: Any period of absence to receive multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition such as cancer, severe arthritis, or kidney disease that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment;
    
7. Continuing supervision of, but not necessarily active treatment by, a health care provider because of a serious long-term or chronic condition or disability which cannot be cured.

NOTE: The FMLA allows leave for substance abuse in order to undergo treatment by a health care provider and specifically excludes employee absence because of the use of the substance. Stress qualifies as a serious health condition only if it rises to the level of a mental illness or results in a physical illness.

Period of incapacity means a period of time when an employee or family member is unable to work, attend school, or perform other regular daily activities because of a serious health condition, treatment therefor, or recovery therefrom.

Treatment, for purposes of FMLA, includes examinations to determine if a serious health condition exists and evaluations of the condition, but does not include routine physical examinations, eye examinations, or dental examinations.

Health care provider is defined as a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or any other person determined by the United States Department of Labor to be capable of providing health care services. Included in the second part of that definition are podiatrists, dentists, clinical psychologists, clinical social workers, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated to exist by x-ray), nurse practitioners and nurse-midwives, and Christian Science practitioners.

Spouse is defined in accordance with applicable state law. Unmarried domestic partners do not qualify for FMLA leave to care for their partner.

Parent means the biological parent of an employee, or an individual who stands or who stood in loco parentis to an employee, when the employee was a son or daughter. It does not include parents-in-law.

Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under eighteen years of age or who is eighteen years of age or older and incapable of self-care because of mental or physical disability.

(Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; AHRMS Policy Manual 105-5)

Maternity leave is treated as any other leave for sickness or disability, except that an employee who is unable to work because of pregnancy may elect to take maternity leave without pay without exhausting her accumulated annual leave and sick leave. If you take maternity leave, you should discuss with your supervisor and your department leave representative how you want to use your leave balances. You should give your supervisor as much notice as possible before you begin maternity leave, and two weeks notice before returning to work from maternity leave. Both notices should be in writing. Upon your return from maternity leave, you will be given the same position or one which is comparable in pay, benefits, and working conditions to the one you held before you went on leave. Any time that you use maternity leave, it will be counted as FMLA leave.

(Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; Arkansas Code Ann. §§ 21-4-213 and 21-5-104; AHRMS Policy Manual 105-9)

If you serve as a juror or are subpoenaed as a witness to give deposition in a court or hearing, you are entitled to your regular University pay in addition to any fees paid by the court for your services or necessary appearances, and your absences from work will not be counted as annual leave. You should return to work as soon as your services are no longer needed by the court.

When your service on a jury would cause a hardship to the operation of your work unit, the Chancellor may petition the judge, in writing, asking that you be excused from jury duty. However, if the request is denied or no response is received before the date your jury duty is to begin, you must report for jury duty.

If your service as a witness can be handled by the taking of a deposition rather than court appearance, the deposition is preferable. Depositions or statements which involve the University may be taken during working hours. All others should be handled on personal time.

If you are accepted by the court as an expert witness and are paid a fee in excess of the normal witness fee, you will be required to take annual leave for the time needed for your testimony.

If you are involved in personal litigation or are a paid witness in a case outside the scope if your University employment, you will be required to take annual leave.

(Public Law 93-508, 94-286; Arkansas Code Ann. §21-4-3, §21-4-105; Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; AHRMS Policy Manual 105.11)

If you are a member of the National Guard or of any of the Reserve branches of the Armed Forces of the United States, and are a full-time appointed twelve-month employee, you will be granted fifteen working days of leave, plus any necessary travel time, each year for training. Military leave for annual training or other official duties is granted without any loss of pay, and is in addition to your regular annual leave.

If you are a full-time appointed employee and are drafted or called to active duty in the Armed Forces of the United States or if you volunteer for military service, you will be placed on extended military leave without pay. Any unused sick leave that you have accumulated before you go on extended military leave will be reinstated when you return. All of your unused annual leave will be reinstated when you return, unless you request and receive a lump-sum payment for the accrued, unused annual leave when you go on extended military leave.

However, if you were called to active duty after September 11, 2001, as a member of the National Guard or any of the reserve components of the armed forces by order of the President or the Governor for an emergency or contingency of more than 30 consecutive days, you are entitled to continued salary payments that when combined with your active duty pay, incentives, and allowances, except uniform and clothing allowances, equal the amount that you would otherwise have received but for your required active duty. You must be a current active employee in order to receive such payments, unless your termination was the result of a disability incurred when on active duty. The payment will be made as a one-time lump sum payment and no retirement contribution will be made on the pay. You must present a Leave and Earning Statement showing military pay or Form DD214 showing active duty dates.

If you volunteer or are ordered to active duty for the purposes of specialized training, you will be placed on leave without pay for the period of the training unless you elect to use your accrued annual leave. Leave for specialized training is in addition to your annual military training leave. You will retain your eligibility rights, including your accumulated annual leave, unless you choose to use your annual leave for the specialized training period. You will also retain any accumulated sick leave that you have before you begin the specialized training. Although you will not accumulate annual leave or sick leave during the leave without pay, your annual leave accrual rate will be calculated as though you had not been absent.

You will be granted military leave with pay for up to thirty working days if you are called to active duty in an emergency by the Governor or the President. If the emergency extends beyond thirty days, you may use annual leave and, if necessary, leave without pay. The emergency military leave is in addition to annual military leave for training.

You must make requests for military leave in writing, and you must attach a copy of your military orders to each request for military leave.

When you are released from active duty for military service or for specialized training, you will be reinstated to your former position or to a position with comparable pay and benefits, provided you apply for reinstatement within ninety days of your release from active duty. If you extend your enlistment or re-enlist for additional military service beyond your initial enlistment period for more than four years, or five years when your re-enlistment was at the request of the military, you will lose all reinstatement rights, and will be treated as a rehire.

If you incur a military service-related disability and are scheduled by the U.S. Department of Veterans Affairs to be reexamined or treated for the disability, you are entitled to paid leave of up to six days during any calendar year for reexamination or treatment.

(Act 471 of 2003)

If you are a member of the U.S. Air Force Auxiliary Civil Air Patrol, or the Coast Guard Auxiliary, you will be permitted to take a leave of absence, with pay, for up to fifteen days each calendar year to participate in training programs or emergency and rescue services. The leave of absence must be at the formal request of your wing commander or designated representative or your Division 15 Captain.

(Arkansas Code Ann. §12-85-102, 12-85-103a; AHRMS Policy Manual, 105-14)

If you are trained and certified as a disaster service volunteer by the American Red Cross and your specialized disaster relief services are requested by the Red Cross in connection with a disaster, you may receive up to fifteen working days in any calendar year to participate in specialized disaster relief, without loss of pay or benefits. Leave will be granted only for disasters occurring in Arkansas or contiguous states. You must request disaster service volunteer leave in writing, to the Chancellor, and attach a copy of your Red Cross orders to the request.

(Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; AHRMS Policy Manual 105-8)

Requests for leave of absence without pay should be made to and must be approved by your department head. Leave of absence without pay may be granted to University employees for the following reasons:

1. An extended absence, requested by the employee, which is in the best interest of the University or which the University is able to accommodate. Classified employees may be granted up to six months' leave without pay, and non-classified employees up to one year's leave with out pay. You must make a written request to the Chancellor for approval of your leave of absence without pay, if it is for any reason except those which follow.
    
2. Necessary absences because of your or your immediate family member's serious health condition (see 7.5 Family and Medical Leave) or because of disability or personal reasons when the absence extends beyond your available earned annual and sick leave. On a case-by-case basis, unpaid leave will be considered as a form of reasonable accommodation for qualified individuals with disabilities.
    
3. Leave for the birth or placement of a child with you for adoption or foster care (see 7.5 Family and Medical Leave and 7.6 Maternity Leave).
    
4. Military leave that involves active duty or active duty for specialized training (see 7.8 Military Leave).
    
5. Employees may be put on leave of absence without pay for disciplinary reasons.

You must use all of your accumulated annual leave before you take leave without pay, except when the leave qualifies as maternity leave, certain types of military leave, or when the leave is for disciplinary purposes. You will not earn annual leave or sick leave if you are on leave without pay for ten or more days during a calendar month. You will not be paid for official University holidays while you are on leave without pay.

When you are on leave without pay, you may continue to participate in the University's group insurance programs. However, you must pay the total cost (your part and the University's matching part) of your coverage for any month when you are on leave without pay for ten or more consecutive days. For those benefits provided by the University, with no employee contribution (basic life insurance and long-term disability insurance), you must pay the amount of the University's contribution or risk loss of coverage, except when those benefits are protected by FMLA regulations (see 7.5, Family and Medical Leave).

If you fail to report to work promptly at the end of an agreed-upon period of leave without pay, your employment with the University may be terminated. If there is good reason for the delay, the University may extend your period of approved leave. The Chancellor must approve the extension if it causes your total leave to exceed six months.

(Board Policy 420.1, 420.2; Universitywide Administrative Memorandum 435.2, 435.3; AHRMS Policy Manual 105-10)

You may be granted educational leave, with or without pay, to pursue a regular full-time course of instruction, provided that your doing so will be beneficial to the University, and provided the Chancellor approves your application. On your return, you will be expected to continue to work for the University for a period at least twice the length of your course of training, or as required by state statute. If you do not remain with the University for the agreed-upon period, you will be required to pay the University the total cost or a proportionate share of the cost of the out-service training and any compensation paid during the training period. A written contract will be drawn up setting forth the terms of your leave, to be signed by you and the Chancellor. You will retain all of the rights you held in your position at the time leave was granted, including the right to reinstatement to that position or a comparable position on your return. The amount of salary paid during the training period will be agreed upon by you and the Chancellor, but it may not exceed your regular salary. Payments for tuition, fees, books and transportation may be made only if the funds have been specifically appropriated by the Arkansas General Assembly for those purposes.

If you are a non-classified employee, and if you make arrangements to do so in advance, you may, with the permission of the President, use your accumulated annual leave for graduate study. Your accrued annual leave with pay may be accumulated for two calendar years preceding the date of your leave for graduate study, if the leave is used by January 1 of the third year. Your request must be made in writing, in advance of your accruing the annual leave.

(Board Policy 455.1; Universitywide Administrative Memorandum 435.4)

The President of the University is authorized to assign staff members to duties at locations other than the campus when the relocation is to the benefit of the University.

If you are a faculty member or a non-classified administrator who has completed six years of continuous full-time employment with the University or six years of continuous full-time service since a previous Off-Campus Duty Assignment, you may apply for an Off-Campus Duty Assignment. The application must be prepared in accordance with campus regulations available from the Vice Chancellor for Academic Affairs, and must describe the project which you wish to undertake, where it is to be done, and the anticipated value to you and to the University. To be approved, the proposed assignment must be consonant with the needs, objectives, and mission of the campus.

The Off-Campus Duty Assignment is a privilege, not a right. A limited number may be approved by the Board of Trustees each year upon the recommendation of the Chancellor and the President. Assignments should not exceed one semester (or six months for employees on twelve-month appointments) at full salary, or two semesters (or one year for those on twelve-month appointments) at half salary. Within sixty days after returning from an Off-Campus Duty Assignment, you must submit a written report of your activities and accomplishments during the Off-Campus Duty Assignment. In accepting the Off-Campus Duty Assignment, you agree to return to the University for at least one year following the end of the assignment.

(Arkansas Code Ann. §11-9-514, 529, 701; AHRMS Policy Manual 105-4)

If you become injured or ill while you are at work due to a work-related incident, you may be eligible to receive Workers' Compensation. Workers' Compensation is available to you by law to ensure that you get appropriate and reasonable medical care for injuries or illnesses sustained while you are on the job. Should your injury or illness require that you take an extended period of absence from work, you may be eligible for disability benefits through Workers' Compensation. Leave taken because of a serious health condition for which Workers' Compensation benefits are received will be designated as Family and Medical Leave if it meets the definitions in Section 7.5, above. Workers' Compensation claims are submitted to the Office of Risk Management. Determination and payment of claims is made by the Public Employee Claims Division located in Little Rock.

Procedure for Reporting and Treatment of an On-the-Job Injury or Illness

1. For emergency situations in which the injury or illness might threaten a person's life do the following:
    
   1. Call "911" immediately. The University Police will be dispatched along with emergency medical transportation.
   2. Notify the injured or ill employee's supervisor immediately.
       
2. For urgent situations which are not life-threatening to the employee, but for which immediate treatment is required do the following:
    
   1. Call the University Police Department (UAPD) at 5-2222. They are trained in first aid and as first responders.
   2. Notify the injured or ill employee's supervisor immediately.
   3. If emergency transportation is not necessary, the injured or ill employee's supervisor will arrange transportation to either the emergency room or to the designated medical clinic, whichever is appropriate.
       
3. For non-emergency situations which require medical attention during normal business hours (7:00 a.m. to 8:00 p.m. M-F, 9:00 a.m. - 12:00 p.m. on Saturdays), do the following:
    
   1. Notify your supervisor as soon as possible.
   2. Your supervisor or someone on your supervisor's behalf will make an appointment for you at the medical clinic designated for you by the University.
       
4. For non-emergency situations which require medical attention before or after normal business hours (7:00 a.m. to 8:00 p.m. M-F, 9:00 a.m. - 12:00 p.m. on Saturdays).
    
   1. Notify your supervisor as soon as possible.
   2. Your supervisor or someone on your supervisor's behalf will transport you to the nearest emergency room.
   3. Your supervisor or someone on your supervisor's behalf will schedule follow-up care as soon as possible at the designated physician's office after treatment at the emergency room.
       
5. After treatment at the hospital and/or at the designated medical clinic, you or someone on your behalf must provide your supervisor with any information provided by the physician's office regarding your medical condition including:
    
   • follow-up appointment dates;
   • diagnosis of the injury or illness;
   • prognosis for recovery;
   • any specific work restrictions; and
   • the date you can return to full duty.

   This information should be given to your supervisor within twenty-four hours from the date of the physician's visit or the following business day, whichever is applicable.

Medical Providers

The University is committed to ensuring that you receive appropriate medical care. Medical providers designated by the University to provide medical care for injured or ill employees are:

• the Arkansas Occupational Health Center (AOHC) located at the Lowell Medical Center; or
• for minor injuries such as minor cuts, scrapes, bruises, tetanus shots, exposure to poison ivy and minor burns, the University Health Center located on the Fayetteville campus; or
• for employees who are not located on the Fayetteville campus or are located at least 30 miles from the Fayetteville campus, a physician's office specified by your supervisor and listed on the Corvel network.

Your supervisor or a representative of the supervisor will arrange medical care for you. Except for emergencies, you must report your injury or illness to your supervisor prior to seeking medical attention. If you do not report your injury or illness you may not be eligible for Workers' Compensation.

(Acts 91 and 169 of 1991, amended by Act 1176 of 1999 and Act 194 of 2003; Arkansas Code Ann. § 21-4-203, 21-4-214, 6-63-601, 6-63-602; AHRMS Policy Manual 108)

The University has a catastrophic leave bank program to which you can donate accrued sick leave and annual leave for use by employees who have a catastrophic illness or who have an immediate family member with a catastrophic illness, and whose own leave has been exhausted. You may also apply for catastrophic leave if you need it and meet the eligibility criteria. Some specific details of the University's program follow:

1. Catastrophic illness: A medical condition of an employee or of the spouse, parent, or dependent* child of the employee, as certified by a physician, which requires the employee's absence from duty for a prolonged period of time and which results in a substantial loss of income for the employee because of the exhaustion of all earned sick, annual, holiday, and compensatory leave time.
2. Eligibility: You must be a full-time (100% appointed) employee to participate in the Catastrophic Leave Bank Program. To receive benefits under the program, you must have at least two years of service with the University or the University and another state agency or institution of higher education. The employment does not have to be continuous, but it must have been full-time employment in a regularly benefited position. You must have exhausted all of your sick, annual, holiday, and compensatory leave, and as a result, face a substantial loss of income because of your, your spouse's, parent's or dependent* child's medical condition. Your own injuries or illnesses that are covered and compensated by workers' compensation are eligible under the Catastrophic Leave Bank Program, but your workers' compensation and catastrophic leave compensation, combined, may not exceed the compensation you received before the onset of your illness or injury. If you have been disciplined for any abuse of leave during the previous two years, you are not eligible to participate in the program. You must have at least 80 hours of accrued, unused, combined annual leave and sick leave at the onset of the catastrophic illness or injury. This requirement may be waived by the Chancellor or the Chancellor's designee under extraordinary circumstances.
3. Donations: Donations to the Catastrophic Leave Bank Program are optional. You do not need to donate to be eligible to receive benefits. No one may directly or indirectly intimidate, threaten, or coerce you or any other employee in connection with donating, receiving, or using annual leave, sick leave, or catastrophic leave. You may not donate if doing so would reduce your combined accrued annual leave and sick leave balance to less than 80 hours. Donations can only be made in one hour increments, and you may donate a maximum of 32 hours of annual leave or sick leave, or a combination of the two, in each plan year. Donations from active employees are taken only during the annual donation drive, normally held in the month of November. If you leave the University, you may donate up to 32 hours of sick leave, annual leave, or a combination of the two, at the time you terminate your employment. The Chancellor may extend the donation period and the maximum number of hours an employee may donate on a case-by-case basis.
4. Application for use: Applications for the Catastrophic Leave Bank Program are available in your department office and on the Human Resources web site at http://hr.uark.edu. When you request catastrophic leave, your department must verify that you have not been disciplined for leave abuse, and you must provide a copy of your physician's diagnosis detailing your condition. If you have used sick leave regularly, it is important that you explain why. After your application has been reviewed by your supervisor and your dean, director, or department head, it will be sent to Human Resources for verification and for submission to the Catastrophic Leave Bank Committee for review. The committee is composed of nine University employees who review applications on a first-filed, first-considered basis. The Catastrophic Leave Bank Committee makes a recommendation on each application to the Vice Chancellor for Finance and Administration, who makes the final decision to grant or deny catastrophic leave.
5. General rules: If you are granted catastrophic leave, you will continue to receive your normal pay and benefits, such as contributions to insurance and retirement, but your next salary increase will be delayed for the same number of days you are on catastrophic leave or leave without pay. While you are on catastrophic leave, you will continue to accrue leave, in accordance with University policies, but any leave you earn while you are on catastrophic leave must, as a condition of your voluntary participation in the program, be assigned to the Catastrophic Leave Bank. You may also meet the eligibility requirements for the Family and Medical Leave Act (FMLA) If so, all catastrophic leave time will be charged against your twelve-week FMLA entitlement for the calendar year in which it occurs. See Section 7.5. Catastrophic leave is limited to six months, or 1040 hours, in a twenty-four month period, unless you have been denied disability, retirement, or social security benefits. If you do not report to work at the end of your period of catastrophic leave, you may be terminated unless you provide a satisfactory reason for not returning before the date you are scheduled to return to work. The Catastrophic Leave Bank Program does not create any expectation or promise of continued employment. Further information about the program is available from Human Resources.

*A child who may be claimed as a dependent under the Arkansas Income Tax Act of 1929.

In most communities, polls remain open long enough to allow you time to vote before or after working hours. In cases of extreme hardship, such as having to travel a great distance to your polling place, you may be permitted to report to work late or to leave early in order to vote. The time permitted for this purpose is given to you with pay and without reduction of your sick leave, annual leave, or any other benefit. If it is necessary for you to use this privilege, please notify your immediate supervisor before election day.

All leave taken must be reported, using the University's standard form available on the Human Resources web site at http://hr.uark.edu or an approved alternative form. There are separate forms for exempt, non-exempt, and hourly employees. The leave report form must be signed by both the employee and his or her supervisor and be retained by the department for seven years, in accordance with Arkansas law.