IV. Time Away from Your Job for Staff Positions

Vacation

Doane University offers its full-time and eligible part-time staff employees paid vacation on an accrual based system.   Vacation time must be requested and approved in advance (the sooner, the better) of the desired day(s).

Each department coordinates vacation time according to the University’s needs.  If more than one employee in a department or area requests the same vacation period, schedules may be adjusted by the supervisor.  Typically, employees shall not take in excess of 2 weeks of vacation consecutively.

Employees qualifying for Family and Medical Leave Act (FMLA) leave must use sick, FML Paid Leave and vacation paid time off concurrent with FMLA time off.

Maximum Vacation Earnings:

Doane University encourages employees to use their vacation time so they can recharge and restore and take time off for personal reasons, therefore based on status and years of service, employees will have a cap on the number of hours they will be eligible to earn.  Once the employee reaches their maximum earning cap, they will stop earning vacation hours until they use vacation time and drop below the maximum earning cap. 

New Employees:

Earning of paid vacation begins the first pay period following their date of hire; however employees must complete three months of service prior to taking paid vacation.  New employees receive a pro-rated vacation accrual amount based on their hire date for their first pay period. 

Tracking Time Off:

All employees will be required to track vacation usage. Employees will track vacation use through the Kronos timekeeping system.

Anniversary Dates:

Employees will begin earning vacation at the appropriate accrual rate (based on the Employee Vacation Accrual Schedule below) in the pay period following the employees’ anniversary date.  This means that when an employee reaches a “milestone” anniversary (5 or 10 years of service) and he or she is eligible for a higher accrual rate, the employee will begin earning at the new rate the pay period immediately following his or her anniversary date

Separating employees:

When employees terminate (either voluntary or involuntary) from Doane University, they will be paid their earned, unused vacation time the pay period following the termination date or within two weeks, whichever comes first.   They will be credited through the last complete pay period that they work regardless if they leave voluntarily or involuntarily.

Non-Exempt (Hourly) employees who have completed at least three months of service may schedule and take vacation time once it has been earned.

Exempt employees may be advanced up to five days of vacation leave, which has not been earned.

If any employee leaves the University and has taken more vacation time than has been earned at the time of termination that amount will need to be refunded at the time of exiting the University.

Non-Exempt employees scheduled to work 20 hours or more per week shall earn vacation based on actual hours worked per pay period.  Part-time Non-Exempt employees’ Maximum Earning Caps are figured in a ratio equivalent to his/her percent of full-time employment. For Example:  A part-time employee, employed for 2 years is scheduled to work 20 hours per week has a Maximum Earning Cap of 60 hours and will earn 3.33 hours/pay period.  Note: Vacation time does not accrue on over-time hours worked, unpaid time or Sick Leave, FML Paid Leave.

Part-time Exempt employees scheduled to work 20 hours or more per week shall earn vacation in a ratio equivalent to his/her percent of full-time employment.  Maximum Earning Caps are figured in a ratio equivalent to his/her percent of full-time employment. Note: Vacation time does not accrue on unpaid time or Sick Leave.

Temporary or Seasonal employees, Graduate Assistants, and part-time employees that are not regularly scheduled for 20 hours per week are not eligible for vacation benefits.  Exempt employees working less than 12 months per year receive no paid vacation benefits. Athletics exempt staff and Post-Doctoral positions are not eligible for vacation benefits, but can coordinate time off with their supervisor. The date the employee becomes a regular employee scheduled 20 or more hours per week will be used to determine when employees are eligible for an additional week of vacation.

Holidays

The University recognizes the following nine holidays per year:

• Martin Luther King Jr Day
• Memorial Day
• Thanksgiving Day and the Friday following Thanksgiving
• Independence Day
• Labor Day
• Winter Break- December 25 through January 1
• Floating Holiday (one per fiscal year; 7/1 - 6/30)

Holiday Schedule Policy and Holiday Pay

Some employees may be asked to work certain holidays when the university is in session, or for special events. To assist you with holiday planning, the following is the University’s policy concerning holidays and holiday pay:

1. Hourly employees who work on holidays will receive holiday pay at their normal rate of pay for hours the employee is normally scheduled to work, in addition they will receive pay for the hours they actually worked on that day OR employees may substitute a different day as a holiday in lieu of receiving holiday pay. In selecting a substituted holiday, employees should select a date in consultation with their supervisor that is consistent with the needs of their workgroup. Holiday pay is not considered in calculating overtime.
2. Salaried employees who are required to work on holidays may substitute a different day as a holiday for the holiday on which they worked. In selecting a substituted holiday, employees should select a date in consultation with their supervisor that is consistent with the needs of their workgroup.
3. For holidays other than Christmas or New Year’s, if the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on Saturday, the preceding Friday will be considered the holiday.
4. Holidays not taken during the calendar year will be forfeited. Unused Floating Holidays will not be paid out at the time of termination.
5. All regular full-time and part-time employees will receive 8 holidays per year. If a holiday falls during a period when an employee is not scheduled to work, the employee may take another day off during that workweek and receive holiday pay. For example if they normally are not scheduled on Thursdays, and Thanksgiving falls on a Thursday, they can take another day off during that same week for the Thanksgiving holiday. In selecting a substituted holiday, employees should select a date in consultation with their supervisor that is consistent with the needs of their workgroup. Holiday pay is not considered in calculating overtime.
6. Employees must be considered “regular” employees scheduled at least 20 hours per week to qualify for holiday pay. Employees considered temporary or scheduled less than 20 hours per week are not eligible for holiday pay.
7. Christmas and New Year’s holidays vary each year based on the dates in which these holidays fall.

Paid Sick Leave

Doane University, in accordance with the Nebraska Families and Workplace Act (NFWA), recognizes that employees may suffer from illness or injury, which may preclude them from working. Paid Sick Leave can be used to care for the employee’s own personal illness or that of an immediate family member (see definition below).

Sick Leave is calculated on an accrual system (see below accrual schedule) and continues to accrue until the applicable Maximum Earning Cap is met.

Accrual Start Date

• New employees begin accruing the first pay period following their date of hire; based on the hire date, the first month may be prorated. 

Eligible Employees

• Full-time 12-month and 10-month employees are eligible for sick leave. 
• Part-time 12-month and 10-month employees working 20-39 hours per week are eligible for sick leave. 
• Temporary employees working more than 80 hours in a calendar year are eligible.
• All employees who work at least 80 hours in Nebraska in a calendar year (including adjunct faculty, stipend employees, and student employees aged 16 or older) are eligible to accrue sick leave under NFWA.

Permitted Uses of Sick Leave

Paid sick leave is to be used for:

• An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care
• Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care; or in the case of a child, to attend a meeting necessitated by the child’s mental or physical illness, injury, or health condition, at a school or place where the child is receiving care; or
• Closure of the employee’s place of business by order of a public official due to a public health emergency; an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or an employee’s need to self-isolate or care for the employee or a family member when it has been determined by the health authorities having jurisdiction or by a health care professional that the employee’s or family member’s presence in the community may jeopardize the health of others because of exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.

Documentation

At the supervisor’s discretion, any absence may require a note from a physician. However, the documentation is not required to explain the nature of the illness or condition. Excessive absences will be addressed through the normal performance improvement process. Every employee is expected to use Sick Leave for bona fide purposes only, and this time must be recorded.

Sick Leave Accrual Schedule

Faculty and Staff: Full-time - 12-month (scheduled 40+ hours/week):

8 hours/pay period (1 day per month)
480 hours/12 weeks Maximum Earnings Cap

Faculty and Staff: Full-time - 10-month (paid over 12 months): 

6.67 hours/pay period
400 hours Maximum Earnings Cap

Part-time staff - 12-month (scheduled 20-39 hours/week):

4 hours/pay period (1/2 day per month)
240 hours/6 weeks Maximum Earnings Cap

Part-time faculty and staff - 10-month:

3.33 hours/pay period
200 hours Maximum Earnings Cap

Adjunct Faculty, Student Employees (age 16+), Stipend Employees:
1 hour for every 30 hours worked
56 hours Maximum Earnings Cap

Separation of Employment

Unused, accrued sick time is not paid to the employee upon termination.

Other Provisions

• Paid Sick Leave runs concurrently with leave under the Family and Medical Leave Act (FMLA), where applicable.
• Vacation benefits do not accrue on Sick Leave time, and Sick Leave time is not counted in calculating overtime.
• Employees are protected from retaliation or discipline for lawfully using sick leave under NFWA.

Definition of Immediate Family:

For university sick leave purposes, immediate family includes:

• A biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis;
• A biological, foster, step, or adoptive parent or a legal guardian of an employee or an employee’s spouse;
• A person who stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor child;
• A person to whom the employee is legally married under the laws of any state; 
• A domestic partner; and
• A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of the employee or the employee’s spouse.

Frequently Asked Questions (FAQs) on Paid Sick Leave

Q1: Who is eligible for paid sick leave?

Answer: All employees who work at least 80 hours in Nebraska in a calendar year are eligible to accrue sick leave. This includes full-time and part-time staff, full-time and part-time faculty, adjunct faculty, student employees aged 16 or older, and stipend employees. Temporary employees working more than 80 hours in a calendar year are eligible.

Q2: When does sick leave start accruing?

Answer: Accrual begins during the first pay period of employment for eligible employees.

Q3: How much sick leave do different employee groups earn?

Answer:

• Full-time 12-month staff/faculty: 8 hours/month
• Full-time 10-month staff/faculty: 6.67 hours/month
• Part-time 12-month staff (20-39 hrs/week): 4 hours/month
• Part-time 10-month faculty/staff: 3.33 hours/month
• Adjuncts, student employees, stipend employees: 1 hour for every 30 hours worked, up to 56 hours/year

Q4: What can sick leave be used for?

Answer: Sick leave may be used for:

• The employee’s own illness, injury, or preventive care (e.g., doctor or dentist visits)
• The illness, injury, or preventive care of an immediate family member
• Closure of the employee’s place of business by order of a public official due to a public health emergency

Q5: How are routine medical and dental appointments treated?

Answer: When possible, appointments should be scheduled outside normal working hours. If that is impractical, sick leave may be used. In emergencies, sick leave covers the full amount of time needed to obtain necessary medical assistance.

Q6: Can I use sick leave to take a family member to a medical appointment?

Answer: Yes. The same rules that apply to employees apply to absences for immediate family members. Routine appointments should be scheduled outside normal work hours when possible. Sick leave may be used if this is not practical.

Q7: What are my notification requirements if I need sick leave?

Answer: Employees must notify their supervisor as soon as possible on the first day of absence, ideally before the scheduled work start time. For medical appointments, supervisors should be notified as soon as the appointment is scheduled.

Q8: Can supervisors require a doctor’s note?

Answer: Yes, a physician’s note is required for absences longer than three (3) consecutive days. Supervisors may request documentation for shorter absences if there is a pattern of excessive or questionable use, but documentation cannot require disclosure of the specific medical condition.

Q9: What happens to unused sick leave?

Answer: Unused sick leave rolls over each year, up to the maximum accrual cap (56 hours for adjuncts, student employees, and stipend employees; higher caps for staff and faculty based on their classification). Unused sick time is not paid out upon separation from the university.

Q10: What protections do employees have when using sick leave?

Answer: Under NFWA, employees are protected from retaliation or discipline for lawfully using sick leave. This includes adjuncts, students, and stipend employees who are covered by the law.

Family and Medical Leave Act

FMLA requires the University to provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees (faculty and staff) for certain family and medical reasons. Employees may also be eligible because of a qualifying exigency arising out of the fact that the spouse, son, daughter, parent, or next of kin of the employee is on covered active duty or has been notified of an impending call or order to covered active duty. Employees are eligible if they have worked for the University at least 12 months and for 1,250 hours over the previous 12 months. The USERRA-protections for employees who miss work due to USERRA-covered military service extend to all military members. All periods of absence from work due to or necessitated by USERRA-covered service is counted in determining an employee’s eligibility for FMLA leave.

Basic Reasons for Taking Leave:

Unpaid leave must be granted for any of the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth.
• To care for your child after birth, or placement for adoption or foster care.
• To care for your spouse, son, daughter or parent, who has a serious health condition*.
• For a serious health condition* that makes you unable to perform your job.

*Definition of a serious health condition: A serious health condition is an illness, injury or impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with a least two visits to a health care provider or one visit to a regimen of continuing treatment, or capacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Military Family Leave Entitlements:

Families of members of the National Guard and Reserves are eligible for the normal 12 workweeks of FMLA leave while that family member is on **covered active duty or called to active duty status in support of a contingency operation. This leave may be used for “any qualifying exigency” arising out of the fact that the family member is on active duty or has been called to active duty, including: (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; (8) to care for a military member’s parent who is incapable of self-care and (9) additional activities not encompassed in the other categories, but agreed to by the employer and employee.

Special Leave entitlement: Employees who qualify under this FMLA provision are eligible to receive up to 26 weeks of unpaid FMLA leave to care for a covered service member. A covered service member is: (1) a current member of the Armed forces, including a member of the National Guard or Reserves who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.*** Or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

**The FMLA definition for “covered active duty” requires that the deployment must be to a foreign country to qualify for FMLA leave.

***The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.” The definition of serious injury or illness for a current service member and covered veterans includes injuries or illnesses incurred by a covered service member in the line of duty and injuries or illnesses that existed before the beginning of the member’s active duty and were aggravated by service in the line of duty on active duty in the Armed Forces.

State Family Military Leave

Spouses or parents of persons called to military service lasting 179 days or longer are also entitled to take an unpaid leave of absence under Nebraska law. If a family member of a service member is eligible for leave under both the federal FMLA and the Nebraska family military leave law, the leave will be deemed to run concurrently (counted toward the employee’s entitlement under both laws).

Military Leave Questions

Employees who wish to take family military leave should consult with Human Resources concerning their eligibility for and use of such leave.

For staff, accrued Paid Sick Leave, FMLA Paid Leave, and Vacation Leave will be substituted for unpaid leave first, but will run concurrently with the 12 weeks of unpaid leave available under the act. Once the paid leave in exhausted, unpaid leave will be used and run for the remainder of the leave time available under the act.

For faculty, paid time off for FMLA approved leaves should be coordinated with the office of Academic Affairs and Human Resources.

The FMLA year runs on a “rolling calendar” year.

Use of Leave:

Leave can be taken in one block of time, can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Advance Notice and Medical Certification:

You may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.

• You ordinarily must provide 30 days advance notice when the leave is “foreseeable.” When this is not possible, your obligation is to provide as early of notice as is practical.
• The university may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at University expense) and a fitness for duty report to return to work.
• Upon notice of a request for leave and determination of the employee’s eligibility for FMLA leave, human resources will notify the employee of the eligibility determination. For eligible employees, the notice will include the date the leave begins, the maximum amount of FMLA leave available, any requirements to provide medical certifications, and other information as required by law.
• For covered active duty leaves, you must provide a copy of the military orders once they have been received, your obligation is to provide as early of notice as is practical.
• For covered active duty leaves for Rest and Recuperation (up to 15 days), you must provide a copy of the military member’s Rest and Recuperation leave orders, or other military-issued documentation.

Job Benefits and Protection:

1. For the duration of FMLA leave, the University must maintain your health coverage under any “group health plan”. The university and the employee continue to pay their respective portions of the premium during FMLA leave.
2. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
3. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of your leave.

Military Leave

The university is committed to protecting the employment rights of employees absent while on military leave. In accordance with Federal and State laws that fall under the Uniformed Services Employment and Reemployment Rights Act (USERRA), it is the policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person’s past or present membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under this policy. If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact Human Resources for assistance. Further information regarding policies under Military Leave can be obtained from the Human Resources department.

Leave of Absence (not under protected leave)

The purpose of a leave of absence is to protect a regular employee’s continuous service to the university. A leave of absence is granted only when you express an intention of returning to work at the end of such leave and after you have worked for at least three years at the University. Absence of one continuous month or more is considered a leave of absence. The University may grant shorter absences without pay, however, all leaves should be requested through the Vice President in charge of your area.

No compensation is payable to you for the time you are on leave of absence. A leave of absence is not an earned right nor is it a guarantee of re-employment.

If a leave of absence is approved, all your benefits including medical and dental insurance will be continued for you. The university will continue to participate in payment of medical and dental insurance while you are on a leave of absence. If you are eligible to make after-tax retirement contributions under the terms of the University retirement plan, any contributions you make will also be matched. Contact the Human Resources department for further information regarding retirement plan contributions. Disability and life insurance will also be paid.

Leave of absence may be granted under the following conditions:

1. If you can be spared from your duties;
2. If you agree to return to work and specify the date of your return; and
3. If a replacement can be found.

Bereavement Leave

In case of the death of one of the following, you are paid for any time that you are absent from work commencing with the day of death through the burial, up to five days.

• A biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis;
• A biological, foster, step, or adoptive parent or a legal guardian of an employee or an employee’s spouse;
• A person who stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor child;
• A person to whom the employee is legally married under the laws of any state; 
• A domestic partner; and
• A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of the employee.

In case of the death of one of the following, you are paid for any time you are not at work on the day of the burial only.

• A blood relative of the employee; and
• A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of the employee’s spouse.

If the deceased relative lived in your home at the time of death, the policy outlined above for immediate family members shall apply. 

Absence for Jury and Witness Duty

You are paid for the time absent for jury or witness duty. You may also retain any jury duty payments or witness fees that you receive.

If your services as juror or witness are not required for the entire day, you are expected to return to work the remainder of the day. You are also expected to report for work on any regularly scheduled working day when the court is closed for a holiday not recognized by the University.

Other Paid Absences

Full-time employees are paid for the time spent by them during regular working hours in fighting fires or in answer to other public alarms provided they are members of volunteer fire departments or emergency rescue squads.

Nursing Mothers

Doane University supports new mothers wishing to continue breastfeeding or expressing breast milk during work hours by providing reasonable break times and areas for nursing.

Flexible breaks:

Employees may use regular paid break times or unpaid lunch periods to breastfeed or express milk. Employees needing additional break times throughout the day to breastfeed or express milk should work with their supervisors to establish a flexible schedule which will allow employees to make up any missed work time.

Area(s) for nursing:

Areas for nursing will be established in relatively close proximity to the employee’s work area. Areas established for nursing will be in a private area, free from interruptions.

Nursing mothers will be provided with a chair, a place to set a breast pump and an electrical outlet. Employees will provide their own equipment for expressing milk, including breast pump, containers and cooler.

Nursing mothers should contact Human Resources to make arrangements for breastfeeding or expressing breast milk during work hours.