1005.00 Workers' Compensation/Industrial Accident 1005.10 Reference 1005.20 Coverage 1005.30 Procedures 1005.40 History 1010.00 Annual Vacation Leave 1010.10 References 1010.20 Applicability 1010.30 Accrual Rates 1010.40 Years of Eligible Service 1010.50 Maximum Accumulation 1010.60 Lump Sum Payment Upon Termination 1010.70 Change to Ineligible Status 1010.80 Use of Annual Vacation Leave 1010.90 Maintenance of Leave Records 1010.95 History 1015.00 Sick Leave 1015.10 References 1015.20 Definition 1015.30 Applicability 1015.40 Accrual Rates 1015.50 Lump Sum Payment Upon Termination 1015.60 Use of Sick Leave 1015.70 Reporting Sick Leave 1015.80 Disaster Leave 1015.90 Maintenance of Sick Leave Records 1015.95 History 1020.00 Military Leave 1020.10 References 1020.20 Definition 1020.30 Eligibility 1020.40 Rate of Compensation 1020.50 Leave Not Cumulative 1020.60 Members of the Montana National Guard 1020.70 Request for Leave 1020.80 History 1025.00 Maternity Leave 1025.10 Reference 1025.20 Policy 1025.30 Duration of Leave 1025.40 Employee Responsibilities 1025.50 Department Responsibilities 1025.60 History 1030.00 Parental Leave 1030.10 References 1030.20 Policy 1030.30 Parental Leave Requests 1030.40 History 1035.00 Leave of Absence Without Pay 1035.10 References 1035.20 Requests 1035.30 Approvals 1035.40 Leave to Serve in a Public Office 1035.50 Disability Leave> 1035.60 Severe Weather/Disaster Circumstances 1035.70 Benefits While on Leave Without Pay 1035.80 History 1040.00 Jury Duty and Witness Leave 1040.10 References 1040.20 Definitions 1040.30 Leave Options 1040.40 History 1045.00 Donated Sick Leave 1045.10 References 1045.20 Policy 1045.30 Definitions 1045.40 Eligibility to Receive Sick Leave Grants 1045.50 Eligibility to Contribute Sick Leave 1045.60 Donated Sick Leave Form 1045.70 Prohibited Uses of Donated Sick Leave 1045.71 History 1050.00 Holidays 1050.10 References 1050.20 Legal Holidays 1050.30 History 1055.00 Employee Assistance Program 1055.10 Introduction 1055.20 The Supervisor's Role 1055.30 History 1060.00 Moving and Relocation Expenses 1060.10 Reimbursement Procedures 1060.20 History 1065.00 Attendance at Training and Professional Development Courses 1065.10 Introduction 1065.20 Professional Development Workshops 1065.30 MSU-Bozeman For-Credit Courses 1065.40 Personal Development 1065.50 Supervisory Reinforcement 1065.60 History 1070.00 Family and Medical Leave 1070.10 Family and Medical Leave Act 1070.20 History
Modified November 200
- Title 39, Chapter 71, Montana Code Annotated
All MSU-Bozeman employees are covered by Worker's Compensation insurance for the purpose of offsetting, to the extent provided by the Montana Workers' Compensation Act, the loss of income or medical expenses suffered by an employee who is injured while performing duties required by the employee's position. It does not cover injuries that occur while an employee is on the way to and from work unless engaged at the time in the performance of a duty for the employer.
MSU-Bozeman provides Worker's Compensation coverage for employees to the extent required by the Montana Worker's Compensation Act. In accordance with their policies, Montana State Fund pays medical and hospital expenses for job-caused illnesses and injuries plus approximately 2/3 of the average weekly salary, up to a maximum of the state's average weekly wage, depending on the extent of disability.
Any injury, however slight, which occurs on the job should be reported to the supervisor as soon as possible, but no later than 30 days after the injury. The supervisor must file an "Employer's First Report of Injury" within 6 days of notification. Supplies of this report are available in from Safety and Risk Management, 1160 Research Drive.
Workers should not pay any medical or hospital expenses incurred for job-related injuries. The physician and/or hospital should submit their bills directly to Montana State Fund, PO Box 4759, Helena, MT 59604.
Employees disabled for six or more scheduled work days are eligible to receive a partial reimbursement of lost wages through Worker's Compensation. They may elect to use accumulated sick leave or annual leave, but may not supplement worker's compensation benefits with either.
Temporary employees disabled for six or more scheduled work days may receive partial compensation for wages lost, based upon their previous 13 weeks' earnings.
Approved by the Director of Administration on May 22, 1985. Revision approved by the Vice President for Administration on September 17, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
- Section 2-18-611 through 617, "Leave Time," Montana Code Annotated.
- Section 3-0305, "Annual Leave," Montana Operations Manual.
- Section 1211.00, "Annual Leave,"MSU Faculty Handbook.
- Sections 708.1.1, "Personnel," and Sections 801.14.1 and 801.14.2, "Vacation Leave," Montana University System Policies and Procedures.
In accordance with Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on annual leave (3-0305) for all non-faculty employees, and this policy and procedure is intended to be in compliance with those rules.
A. Eligibility - Faculty members on AY contracts, faculty appointed for the summer session, GRAs (Graduate Research Assistants) and GTAs (Graduate Teaching Assistants) are not eligible for annual vacation leave. All other employees are eligible for annual vacation leave.
B. Qualifying Period - Eligible employees accrue annual vacation leave from the first day of employment. Except for Faculty with academic or research rank, employees may not use their accumulated leave until they have been continuously employed at MSU-Bozeman for six months, except:
Employees transferring to MSU-Bozeman from another State agency without a break in service exceeding five working days may transfer their accumulated annual vacation leave and be able to use their accumulated leave immediately, provided they have met the six month qualifying period at the former agency.
A. Employees holding academic rank appointed on an FY (Fiscal Year) contract accrue annual leave at the rate of 1.75 days per month (21 days per year) for each full month in a pay status. Employees with research titles appointed on a fiscal year Board of Regents Contract will accrue annual leave at the 1.75 days/month rate.
B. All other eligible employees accrue annual leave based on their years of eligible service with the State of Montana, according to the following rates:
# OF DAYS/ HRS/ DAYS/ YEARS MONTH MONTH YEAR ________________________________________ 0-10 1.25 10.0 15 10-15 1.50 12.0 18 15-20 1.75 14.0 21 20 + 2.00 16.0 24
Employees begin accruing at the higher rate the first of the month in which the higher rate is achieved.
C. Employees on a 1.00 FTE accrue at the above rates for each full month in a pay status. Employees who are less than 1.00 FTE accrue on a prorated basis. Employees do not accrue annual leave while in a LWOP status.
A. Years of eligible service towards accelerated accrual rates shall include all service with any agency of the State of Montana, or any county or city thereof, regardless of whether such service is continuous. Credited service must be in a position eligible to earn annual leave. Such service must be documented in writing from the agency in which the service was performed before credit can be applied.
B. In addition, effective July 1, 1977, military service will be honored as eligible service provided the individual was employed by the State immediately prior to serving with the armed forces and returned to State service within 90 days after discharge. The employee's leave credit balance and the employee's accrual rate shall not be adjusted retroactively. The employee shall begin earning leave at an adjusted scale, where appropriate, at the beginning of the first pay period after the agency receives documentation of prior eligible service.
C. Employees on Sabbatical Leave earn leave based upon a 1.00 FTE.
Annual vacation leave may be accumulated up to a maximum of two times the employee's annual accrual rate as of the last day of each calendar year. Excess annual leave credits will be forfeited unless taken within 90 calendar days from the last day of the calendar year in which the excess credits were earned.
1010.60 Lump Sum Payment Upon Termination
A. Any eligible employee who terminates employment for reasons not reflecting discredit on self shall receive a lump sum payment upon termination for all unused annual leave credits, provided that the employee has completed the six month qualifying period. The computation of the value of the unused leave is based on the employee's salary rate at the time of the termination.
B. If an employee is transferring to another agency of the State of Montana without a five day break in service, there shall be no cash compensation paid for unused annual leave. In such a transfer, the receiving agency assumes the liability for the accrued leave credits transferred with the employee.
An employee who converts from an employment category eligible for annual leave to one ineligible for annual leave may elect to receive a lump sum payment for accrued annual leave at the time of change, or may elect to retain the accumulated leave credits. Should an ineligible employee who elected to retain credits subsequently terminate, the lump sum payment will be calculated based upon the employee's AY (Academic Year) salary rate at the time of termination, converted to an FY (Fiscal Year) rate.
A. The dates when an employee takes annual leave is to be determined by agreement between employees and their supervisor, considering the best interests of the department as well as the best interests of the employee. However, the requirements of MSU-Bozeman and the department take precedence. Employees absenting themselves without approval of the supervisor will be considered in a leave without pay status and may be subject to disciplinary action.
B. Annual vacation leave taken should be reported on the employee's timecard.
C. Annual vacation leave taken over legal holidays is not charged against the employee's annual leave balance.
D. Advancing annual leave credits after an employee's leave credits have been exhausted is prohibited. Employees taking approved leave in excess of their accumulated leave credits will be placed on leave without pay once the annual leave credits have been exhausted.
E. An employee may elect to use annual leave credits to delay the effective date of a voluntary termination. The employee must advise the supervisor in writing at the time the resignation is first submitted. An employee who elects to remain on the payroll by taking accrued leave will continue to earn annual leave credits, sick leave credits, and applicable holiday pay.
Official records of annual leave accrual use and balances are maintained by Personnel and Payroll Services, based on the employee's appointment records and monthly timesheets. Calculation of a terminating employee's lump sum payment will be completed by Personnel and Payroll Services following receipt of the official termination PTF (Personnel Transaction Form) and final timesheet.
Approved by the Director of Administration on June 30, 1988. Revision approved by the Vice President for Administration on August 5, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
- Section 2-18-618, "Sick Leave," Montana Code Annotated.
- Policy 3-0310, "Sick Leave," Montana Operations Manual.
- Section 708.1.1, "Personnel," Montana University System Policy and Procedures Manual.
In accordance with Board of Regents' policy 7081.1, Montana State University-Bozeman has adopted the Department of Administration rules on Sick Leave (3-0310) for non-faculty employees, and this policy and procedure is intended to be in compliance with those rules.
Sick leave is leave with pay for sickness suffered by an employee or a member of the employee's immediate family. The employee's immediate family refers to spouse, any member of the employee's household, a parent, sibling, child, grandparent, grandchild, or corresponding in-law.
A. Eligible Categories - All Board of Regents Contract, Letter of Appointment, and Classified employees who meet the 90 day qualifying period are eligible for sick leave benefits.
An employee whose continuous employment is interrupted by the seasonal nature of the position earns sick leave credits while in a pay status. Seasonal employees who have completed the 90 day qualifying period are eligible to use sick leave without a waiting period as long as they have not received a lump sum payment for accrued sick leave credits. Accrued sick leave credits can be carried over from one season to the next if it is anticipated that the employee will return.
B. Qualifying Period - Eligible employees accrue sick leave from the first day of employment. However, employees must work continuously for 90 calendar days before they qualify to use earned sick leave or are eligible for a lump sum payment.
C. Transfers - Employees transferring to MSU-Bozeman from another state agency without a break in service exceeding 5 working days may transfer their sick leave balance (accumulated since July 1, 1971) and be eligible to use their sick leave immediately, provided they have met the 90 day qualifying period at the former agency.
Eligible employees earn 1 day (8 hours) of sick leave for each full month of service at a 1.00 FTE.
A. Summer Session Faculty - Faculty on summer session appointments will earn sick leave based upon their FTE for the summer appointment.
B. Part Time Employees - Part time employees accrue sick leave on a prorated basis, based on their FTE or actual hours worked.
C. Employees on Sabbatical Leave - Employees on sabbatical leave earn sick leave based on a 1.00 FTE.
D. Partial Month or LWOP - Employees who work less than the full month accrue prorated sick leave for that month based on the percentage of the month worked. Employees on leave without pay for the entire month do not accrue sick leave during that month.
E. Maximum Accumulation - Employees may accumulate sick leave credits without limitation.
1015.50 Lump Sum Payment Upon Termination
A. Eligible employees are entitled to receive a lump sum payment upon termination equal to one fourth of their leave balance of credits accrued after July 1, 1971, unless abuse of sick leave is the cause for termination.
The value of the unused sick leave is based on the employee's salary rate on the effective date of termination.
B. Employees transferring to another agency of the State of Montana without a break in service exceeding 5 working days shall receive no cash compensation for unused sick leave. In such transfers, the receiving agency assumes the liability for the employee's sick leave balance, including credits earned before July 1, 1971.
A. Appropriate Use - Sick leave shall be used for those absences resulting from an employee's illness, injury, medical disability, pregnancy related illness, quarantine resulting from exposure to contagious disease, emotional/mental health counseling and other counseling recommended by a physician, and medical, dental, or eye examination or treatment. (Cross reference Section 1025.00, "Maternity Leave," Section 1030.00, "Parental Leave," and Section 1045.00, "Sick Leave Fund," of this manual.)
In addition to his/her own illness, an employee may use accumulated sick leave credits when absence is required due to (1) death of a member of the employee's immediate family or (2) the illness of a member of the employee's immediate family which requires the attendance of the employee until professional or other attendance can be obtained.
The employee's supervisor may require medical certification of sick leave in the form of a physician's statement verifying the nature and extent of the illness.
B. Abuse - Abuse of sick leave occurs when an employee misrepresents the actual reason for charging an absence to sick leave, or when an employee uses sick leave for unauthorized purposes. Abuse of sick leave is grounds for termination and forfeiture of lump sum payment.
An employee requiring unscheduled sick leave shall notify the supervisor as soon as possible on the first day of absence. Scheduled sick leave shall be cleared in advance with the supervisor.
Sick leave taken should be reported on the employee's monthly timesheet. Sick leave taken over a legal holiday shall not be charged against the employee's sick leave balance.
Advancing sick leave credits after an employee's earned sick leave credits have been exhausted is prohibited.
Disaster Leave is defined as the documented sick leave earned by an employee prior to July 1, 1971.
Use of sick leave will first be deducted from an employee's Disaster Leave balance; after its depletion, usage will be deducted from the employee's post - July 1, 1971, sick leave credits.
There is no lump sum payment for Disaster Leave upon termination of employment.
Official records of sick leave accrual, use, and balances are maintained by Personnel and Payroll Services, based upon the employee's official appointment records and monthly timesheets. Personnel and Payroll Services will calculate a terminating employee's lump sum payment upon receipt of the official termination notice and the employee's final timesheet.
Section 17:02, Classified Personnel Manual, "Sick Leave," revised July 1977. Approved by the Director of Administration on June 30, 1988. Revision approved by the Vice President for Administration on September 1, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
- Section 10-1-604, Montana Code Annotated.
- Policy 3-0321, "Military Leave," Montana Operations Manual.
- Section 708.1.1, "Personnel," Montana University System Policy and Procedures Manual.
In accordance with the Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on Military Leave (3-0321), and this policy and procedure is intended to be in compliance with those rules.
"Military Leave" is a leave of absence with pay of up to 15 working days in any calendar year to attend regular encampments, training cruises, and similar active duty training programs of the organized militia of the State of Montana or of the military forces of the United States.
A permanent, seasonal, or temporary full-time employee who has completed a qualifying period of six calendar months of continuous employment with the state of Montana and who is a member of the organized State militia or the military forces of the United States is eligible to receive paid military leave.
Part time employees who meet the qualifying period of six continuous months of employment are eligible to receive military leave on a prorated basis, based on their FTE.
An employee who has not completed the qualifying period of six continuous months of employment is not eligible to receive paid military leave, but must be given leave without pay to attend encampments, cruises, or other similar training.
Employees on military leave receive the salary rate and benefits earned at the time of departure for leave.
Military leave which is not used in one calendar year may not be carried over to the next calendar year.
1020.60 Members of the Montana National Guard
Employees who are members of the Montana National Guard may be ordered to active federal and state service by competent authority to aid in execution of laws, suppress insurrection, repel invasion, or protect life and property in national disasters as provided in Article 6, Section 13 of the constitution of Montana. When ordered to active duty for such exigencies, state employees have the option of taking annual vacation leave or being placed in a leave without pay status.
If the employee elects to take leave without pay during the period for which ordered to active duty by the Montana National Guard, the employee shall continue to earn annual vacation leave, sick leave, and other employee benefits while employed by the Department of Military Affairs, even if the leave extends beyond 15 working days.
Military leave does not require a leave request form, but a copy of the military orders should be on file with Personnel and Payroll Services and military leave should be recorded on the employee's timecard. Arrangements should be made in advance with the department management for covering the job responsibilities during the leave.
Section 17:03, "Military Leave," MSU Classified Personnel Manual, revised July 1977. Approved by the Director of Administration on June 30, 1988. Revision approved by the Vice President for Administration on September 17, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Effective: February 1, 2013
Modified November 2001; November 2012
- Sections 2-18-606 and 49-2-310, Montana Code Annotated.
MSU-Bozeman shall not discriminate against and/or exclude from employment any applicant or employee on the basis of a pregnancy or childbirth related health condition. A pregnancy or childbirth related health condition shall be treated the same as any temporary disability for all personnel actions (e.g., length and extension of leave, retention of seniority, reinstatement, or fringe benefits).
In accordance with state statute, it is unlawful for an employer to:
- Terminate a woman's employment because of a pregnancy or childbirth health related condition;
- Refuse to grant an employee a reasonable leave of absence for a pregnancy or childbirth related health condition;
- Deny an employee who is disabled as a result of a pregnancy or childbirth related health condition pregnancy any compensation to which she is entitled through accumulation of leave or disability benefits. The supervisor may require a medical certificate verifying the employee is unable to perform her employment duties for the period of the requested disability;
- Require an employee to take a mandatory maternity leave for an unreasonable length of time.
An employee may request a maternity leave of absence for purposes of the pregnancy or childbirth health related condition, and care of the newborn. A combination of sick leave, annual leave, donated sick leave, and leave without pay may be used according to the following guidelines.
- Disability - The disability period for recovery from normal childbirth is six weeks. Therefore, an employee may use sick leave, or donated sick leave, for up to six calendar weeks on maternity leave. A physician's certificate may be required for use of sick leave beyond six weeks.
- Discretionary Leave - Maternity - In addition to the disability period, during which sick leave may be used an employee may also request the use of annual leave, earned compensatory time, or leave without pay to extend the leave of absence. The department head/director must approve the use of this additional leave.
- The employee should submit to the supervisor a Faculty and Staff Leave Request form indicating the anticipated dates of absence and the proposed leave types. This form is available from Human Resources: http://www.montana.edu/hr/Payroll/LeaveWithoutPay.pdf
- If leave without pay is anticipated to exceed 15 days, the employee should contact Human Resources for information about continuation of health insurance coverage.
- Due to the nature of a pregnancy or childbirth related leave, it is understood that the leave request may need to be changed. The employee should notify the supervisor immediately of any changes which may be necessary in the leave arrangements. Employees wishing to return to work before the end of the requested leave may do so with the approval of the department head/director.
- Pregnancy or childbirth related health conditions shall be treated as any other temporary medical disability.
- The supervisor shall consider the employee's request for sick leave, annual leave, donated sick leave, or leave without pay in the same manner as any other employee's request.
- The department is responsible to make available the employee's original position or an equivalent position at equivalent pay upon completion of the approved leave.
- (Cross reference Section 1070 “Family and Medical Leave,” Section 1030, "Parental Leave" and Section 1035, "Leave of Absence Without Pay," Section1015, "Sick Leave, Section 1045 Donated Sick Leave" of this Manual.)
Reference MSU Classified Personnel Manual, Section 25:00, dated November, 1977. This policy approved by the Director of Administration on May 5, 1986, and on September 17, 1992. Revision approved by the Vice President for Administration on March 28, 1993. This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by University Council on January 9, 2013
Revised March 1993
- Section 2-18-606, Montana Code Annotated.
- Section 3-0312, "Parental Leave," Montana Operations Manual.
- Section 708.1.1, Montana University System Policies and Procedures.
In accordance with Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on Parental Leave, 3-0312, and this policy and procedure is intended to be in compliance with those rules.
Employees who are either a birth father or adoptive parent of a child may take a leave of absence not to exceed 15 working days immediately following the birth or adoptive placement of a child. Employees are eligible for parental leave if they are eligible for sick leave.
Employees eligible for parental leave may use accumulated sick leave, annual leave, earned compensatory time, or leave without pay. Requests for parental leave must comply with departmental and university procedures governing the use of the type of leave requested. (Cross reference Section 1010.00, "Annual Vacation Leave," Section 1015.00, "Sick Leave," Section 1035.00, "Leave of Absence Without Pay," and Section 915.00, "Overtime/Compensatory Time," of this manual.)
This policy was approved by the Vice President for Administration on March 28, 1993.
1035.00 Leave of Absence Without Pay
Modified November 2001
- Section 2-18-620, "Leave to Serve in a Public Office," Montana Code Annotated.
- Section 3-0330, "Leave of Absence Without Pay," Montana Operations Manual.
- Section 1200.00, "Faculty Benefits," MSU Faculty Handbook.
- Sections 801.3, "Leave Without Pay," and 708.1.1, "Personnel," Montana University System Policy and Procedures Manual.
In accordance with Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on "Leave of Absence Without Pay" (3-0330) for classified personnel, and this policy and procedure is intended to be in compliance with those rules.
Leave of absence without pay (LWOP) is a period of unpaid absence from employment requested by an employee and approved by the employee's management. Approved leaves of absence without pay do not result in a break in service.
When a leave without pay is initiated by the department, such as a seasonal employee whose normal work schedule includes a period when work is not available, the employer will continue to make the employer contribution for health insurance. Employer initiated leave without pay is referred to as a "No Pay Status."
The department management should assess an employee request for leave without pay based on an analysis which considers both direct and indirect costs against benefits to the department and the University. Employees requesting leave without pay of 30 days or more should submit a "Faculty and Staff Leave Request" form to their department management for approval. Forms may be obtained from Personnel and Payroll Services.
Faculty, administrators, and professional supervisory personnel are eligible for a leave of absence without pay after two years of continuous service. The leave should normally not exceed two years.
Leaves lasting from 30 days to one semester in duration require the approval of the department head, dean, and vice president. For employees on a Board of Regents Contract, leaves exceeding one semester also require the approval of the President. A letter of agreement specifying the conditions of the leave should accompany the request form.
Leave for purposes of serving in an elected or appointed public office must be approved. The maximum is 180 days annually.
Employees granted a public service leave should make arrangements to return to work within 10 days following the completion of the service unless unable to do so because of illness or injury. Any unemployment benefits paid to an employee by application of this provision shall not be charged against the employer.
Employees who have exhausted their sick leave balances may be transferred to leave without pay for a short term disability. The "Faculty and Staff Leave Request" form should be submitted at the point of sick leave exhaustion if the duration of leave without pay is anticipated to be 30 days or more.
During periods of severe weather conditions, employees who elect to go home early or stay home from a scheduled shift for reasons such as pending or actual road closures shall have the option of using annual leave, compensatory time, or taking leave without pay for the scheduled hours not worked. With departmental approval, they may flex their schedule to make up the time missed within the same work week. Supervisors are not authorized to grant paid time off.
Absences due to emergencies declared by the Governor of the State will be paid time. If an employee is working in a geographical location declared either a disaster area or an emergency situation by the Governor and the employee cannot report for work, the absence will also be paid time.
1035.70 Benefits While on Leave Without Pay
Employees on leave without pay do not accrue annual leave or sick leave. Employees on leave without pay who use annual leave are not entitled to any holiday within or adjacent to the annual leave period.
Employees who are on an approved leave of absence without pay may continue to be covered by the group insurance, provided they pay the amount of the employer's contribution plus any required employee contribution.
Employees taking LWOP may not manipulate their Sick Leave and/or Annual Leave to maintain a 0.50 FTE for purposes of continuing eligibility for the employer contribution for health insurance.
Section 17:05, "Leave Without Pay," MSU Classified Personnel Manual, revised July, 1977. Approved by the Director of Administration on June 30, 1988. Revision approved by the Vice President for Administration on March 28, 1993. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Revised September 1992
- Section 2-18-619, "Jury Duty - Service as Witness," Montana Code Annotated.
- Section 3-0322, "Jury Duty and Witness Leave," Montana Operations Manual.
- Section 708.1.1, "Personnel," Montana University System Policy and Procedures Manual.
In accordance with Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on Jury Duty and Witness Leave (3-0322), and this policy and procedure is intended to be in compliance with those rules.
"Jury duty leave" means an approved leave of absence with pay for an employee who has been properly summoned to serve as a juror in a court or judicial proceeding.
"Witness leave" means a leave of absence with pay for an employee who has been properly subpoenaed to serve as a witness in a court, judicial proceeding, or administrative proceeding.
An employee required to serve on jury or witness duty will do so without loss of pay. The employee may select one of the following methods of receiving pay:
A. Charge the time to annual leave and retain the compensation received from the jury/witness duty.
B. Remain in a regular pay status (nothing charged to annual leave), report for work during all normal work periods whenever not actually serving jury/witness duty, and reimburse the University in the total amount of earnings received less expenses incurred for serving on jury/witness duty.
Only one method may be applied during the term of a specific jury/witness duty. If, however, an employee's annual leave is exhausted, the employee may convert to reimbursing the University for fees received during the balance of the time served.
If the employee is requested by MSU Administration to appear as a witness in a case, the employee will be considered on regular duty and no time will be charged to annual leave.
Section 17:04, "Jury or Witness Duty," MSU Classified Personnel Manual, revised July, 1977. Approved by the Director of Administration on June 30, 1988. This revision approved by the Vice President for Administration on September 17, 1992.
Effective: February 1, 2013
Modified November 2001; November 2012
- Sections 2-18-601, 2-18-618, "Sick Leave," Montana Code Annotated.
- Policy 801.7.1, "Sick Leave Fund Policy," Montana University System Policy and Procedures Manual.
It is the policy of Montana State University-Bozeman to allow eligible University employees to share accumulated sick leave with other eligible employees according to guidelines developed by the Board of Regents to comply with 2-18-618, M.C.A. It is the objective of this policy to establish eligibility requirements and procedures to administer donated sick leave. No funds shall be attached to any hours of sick leave which are donated or received through this program. Since the department employing the recipient of sick leave donations must pay all costs for the use of that sick leave, department head/director and dean/vice president approval must be obtained before an employee can accept the donation of any sick leave.
This policy allows, but does not guarantee, the establishment of a pool of donated sick leave hours for eligible employees to draw from in accordance with this policy.
For purposes of this policy, the following definitions apply:
“Extensive illness or accident” means an illness, injury, disability, disability period, or quarantine that incapacitates an employee for 10 or more consecutive working days.
“Pregnancy or childbirth related health condition” as described under Section 1025.30A of the Maternity Leave Policy http://www2.montana.edu/policy/personnel/per1000.html#1025.30A
“Immediate family member” means the employee's spouse and any member of the employee's household, or any parent, child, grandparent, grandchild or corresponding in-law.
To be eligible to receive donated sick leave, the receiving employee must:
- be a current employee of Montana State University-Bozeman;
- have completed the 90 day qualifying period to use sick leave http://www2.montana.edu/policy/personnel/per1000.html#1015.00
- suffer from an extensive illness or accident, or pregnancy or childbirth related health condition which results in absence from work of at least 10 consecutive working days;
- not be on a long term leave of absence which is unrelated to the extensive illness or accident;
- not be on a layoff or in a no-pay status;
- not be eligible to receive workers' compensation benefits;
- exhaust all personally accrued sick leave, annual leave, and compensatory time;
- provide the employee’s supervisor a physician's certification of extensive illness or accident, pregnancy or childbirth related health condition; and
- obtain approval from the department head/director and dean/vice president to receive a donations of a specific amount of sick leave from other employees.
An employee may also receive donated sick leave when a member of the employee’s immediate family is suffering from an extensive illness or accident which requires the attendance of the employee until professional or other assistance can be obtained.
If the employee meets the eligibility requirements and the donation of sick leave is approved, Human Resources will add the sick leave to the recipient employee’s sick leave balance on an as-needed basis at the end of each pay period. Employees may receive a maximum of 240 hours of donated sick leave during any 12 month period, calculated from the first day the employee uses donated sick leave. The maximum allowable leave for part time employees shall be prorated according to FTE status.
To donate sick leave, an employee must:
- be a current employee of Montana State University-Bozeman;
- complete the 90 day qualifying period to use sick leave; and
- have a minimum balance of 40 hours of sick leave after donation. The minimum balance for part-time employees is prorated according to their FTE.
The maximum sick leave an employee may contribute is 40 hours in any 12 month period. All contributions are voluntary
To donate sick leave to another individual, the contributor and recipient will be indicated on the Donated Sick Leave Form: http://www.montana.edu/hr/Payroll/SickLeaveDonation130109.pdf
Signatures of the department head/director and dean/vice president indicate they accept responsibility for covering the costs of the donated sick leave. The completed form with all necessary approvals should be submitted to Human Resources.
An employee may have personal reasons for not accepting donated sick leave or may have exceeded the maximum receipt of sick leave donations. In these cases, contributions will not be deducted from the donor's sick leave balance.
A department head/director and dean/vice president may refuse to accept some or all sick leave donations. The department head/director and/or dean/vice president should indicate the denial and amount of leave denied, and return the form to the receiving employee and copy the Chief Human Resources Officer.
Upon receipt of the completed Donated Sick Leave Form, Human Resources will deduct the donated leave from the contributor's sick leave and credit the sick leave to the recipient in the order the Donated Sick Leave Forms are received, on an as-needed basis. Use of sick leave should be reflected on the receiving employee's timesheet. Employees who donate sick leave may check their leave balances on My Info. An employee may choose not to accept donated sick leave, or may not need all hours donated, or may have exceeded the maximum donation allowed. In such cases, donations will not be deducted from the donor's sick leave balance.
An employee may not use donated sick leave:
- if, the employee is eligible for workers’ compensation wage loss benefits;
- during a leave of absence without pay which was approved for reasons other than an extensive illness, or accident, or providing necessary assistance as described in section 1045.30 and 1045.40 of this policy;
- when the employee has annual leave, sick leave or compensatory time available. If an employee has leave available that accrued while the employee was using donated sick leave, the accrued leave must be exhausted before using any additional donated sick leave;
- retroactively to a previous pay period in which the employee was in a leave without pay status and had not yet become eligible to receive a sick leave donation. Applying donated sick leave to time spent in a leave without pay status in the same pay period that the employee becomes eligible is not considered retroactive use of sick leave.
MSU will not cash out donated sick leave at termination of employment under Section 2-18-618, MCA.
(Cross reference Section 1070 “Family and Medical Leave,” Section 1025 "Maternity Leave," Section 1030, "Parental Leave" and Section 1035, "Leave of Absence Without Pay," Section 1015, "Sick Leave" of this Manual.)
This procedure was approved by the MSU Personnel Board on January 27, 1988, and approved by the Director of Administration on June 30, 1988. Revision approved by the Vice President for Administration on September 17, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by University Council on January 9, 2013.
Revised November 2001
- 1-1-216, "Holidays," Montana Code Annotated.
- Section 3-0325, "Holidays and Holiday Pay," Montana Operations Manual.
- Sections 801.5, "Holidays," and 708.1.1, "Personnel," Montana University System Policy and Procedures Manual.
In accordance with the Board of Regents' policy 708.1.1, Montana State University-Bozeman has adopted the Department of Administration rules on Holidays (3-0325), and this policy and procedure is intended to be in compliance with those rules.
Montana State University-Bozeman provides the following days as paid holidays to eligible employees:
- New Year's Day - January 1
- Martin Luther King Jr. Day - Third Monday in January
- Lincoln's and Washington's Birthdays - Third Monday in February
- Memorial Day - Last Monday in May
- Independence Day - July 4
- Labor Day - First Monday in September
- Columbus Day - Second Monday in October*
- Veteran's Day -November 11
- Thanksgiving Day - Fourth Thursday in November
- Day after Thanksgiving*
- Christmas Day - December 25
- State General Election Day - First Tuesday after Monday in November even numbered years
*The Friday following Thanksgiving is designated a holiday for all Montana University System employees in exchange for Columbus Day.
The Board of Regents may authorize a holiday exchange for those years when Christmas or New Year's Day fall on a Tuesday or Thursday, allowing a 2-day holiday. Substitution for the Mondays or Fridays involved will normally be Lincoln's and Washington's Birthday of the same calendar year.
Section 16:00, MSU Classified Personnel Manual, dated June 1976. Reviewed by the MSU Personnel Board on September 22, 1986, and approved by Director of Administration on March 20, 1987. Revision approved by the Vice President for Administration on August 5, 1992. This revision approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
An employee's personal problems can have an adverse effect on job performance. When identified early and referred to appropriate resources, many serious personal problems can be dealt with successfully. Although an employee's personal life is not of official concern to the supervisor, the supervisor must address the performance issues involved when it adversely affects job performance or interpersonal relationships with other employees.
Employee assistance refers to counseling services or treatment received by an employee which address personal problems and hopefully return the employee's job performance or conduct to an acceptable level. When a personal problem adversely affects the employee's job performance and/or conduct, employee assistance may be suggested before progressive discipline is initiated, or at any point during the progressive discipline process. Even though employee assistance may be requested by the employee, it does not eliminate the possibility of disciplinary action. If the performance problems are not corrected in time, the employee will be subject to disciplinary action.
The supervisor is usually the first person to become aware of an employee's declining job performance, and is in the best position to know the extent of absenteeism, tardiness, personality changes, and the decline of work performance that may be associated with personal problems.
In identifying potential personal problems, the supervisor should be alert to erratic work patterns and significant and ongoing changes in attendance, job performance and job behavior.
The supervisor is not a professional counselor, however, and should never attempt to diagnose a personal problem; rather, the role of the supervisor is to identify and document poor work performance and to address the concerns with the employee. If, during the course of monitoring an employee's job performance, a personal problem surfaces, the supervisor can encourage the employee to seek professional assistance. The supervisor or employee should contact the Director of Personnel and Payroll Services to arrange for appropriate services through the Employee Assistance Program.
Objective factual records of both observed performance problems and corrective efforts are essential. Supervisors should maintain written records of specific instances where an employee's work behavior or performance fails to meet expected standards, or where the individual pattern of performance seems to be deteriorating.
Supervisors considering disciplinary action should consult with Personnel and Payroll Services before any formal action is initiated. The supervisor may consider delaying or mitigating the degree of formal disciplinary action while the employee seeks assistance. The supervisor, however, should continue to monitor job performance and document unacceptable performance levels while an employee is receiving assistance for a personal problem.
Reviewed by MSU Personnel Board on May 7, 1985, and approved by the Director of Administration on November 5, 1985. Revision approved by the Vice President for Administration on September 20, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Revised September 1992
The reimbursement of moving and relocation expenses is subject to the discretion of Montana State University-Bozeman; any portion of the allowable expenses for the moving and relocation of an employee may be reimbursed.
MSU-Bozeman may enter into a written agreement with an employee whereby the department agrees to pay some or all of the employee's moving and relocation expenses in return for a commitment from the employee to work for the department for a specified period of time. The agreement may specify that in the event the employee fails to remain with the department for that specified period of time, the employee shall reimburse the department for some or all of the amount paid by the department.
“For specific guidelines involving employee moving and relocation, please refer to MSU Moving Expense Guidelines http://www.montana.edu/hr/Taxes/MovingExpenseGuidelines.pdf."
Reviewed by MSU Personnel Board on September 22, 1986, and approved by the Director of Administration on March 20, 1987. This revision approved by the Vice President for Administration on September 17, 1992.
Modified November 2001
It is recognized that it is in the best interest of Montana State University-Bozeman to develop the skills and potential of all employees and to prepare them for future growth and promotion within the university structure. The philosophy of Montana State University-Bozeman is to provide opportunities for and encourage all employees to participate in activities which will enhance their specific job skills and their overall professional strengths, as well as their personal development. Participation in any courses/programs offered during the employee's normal work schedule requires the prior approval of management. The following guidelines apply for schedule adjustments and expenses.
Personnel and Payroll Services, Information Technology Center (ITC), and other MSU-Bozeman departments offer a variety of in-house seminars and workshops. Supervisors are encouraged to review each workshop announcement to identify programs which would be beneficial for any of their staff members to attend. Employees interested in attending a seminar either on campus or off campus should obtain advance approval from their supervisor to attend the program. Efforts should be made to facilitate arrangements for employees to attend programs considered related either to the department's operation, the University's interests, the employee's specific position at MSU-Bozeman, or the overall professional development of the individual.
If management requires or encourages an employee to take an MSU-Bozeman course because of its job-relatedness, time off with pay may be provided.
An employee requesting time off with pay to attend an MSU-Bozeman for-credit course must submit a written request to the department head describing the course and job-relatedness. Written approval from the department head shall be obtained before beginning the course. When a request for time off with pay has been approved, a copy of the request and approval should be submitted with the fee waiver form to the appropriate dean/vice president.
Time off with pay may not exceed five hours per week per semester. Exceptions to this limit require the written approval of the appropriate dean or vice president. The department head should submit a written request to the dean/vice president, explaining why approval for more than five hours per week is appropriate.
Employees may request approval to attend courses/seminars which they feel would advance their own personal or professional development. If the department head approves the request for time off during the employee's normal work schedule, the time may be covered as follows:
A. Take annual leave for the work time missed.
B. Take leave without pay for the work time missed, or temporarily reduce the employee's FTE (appropriate only for an MSU-Bozeman for-credit course).
C. Adjust the work schedule during the affected week(s).
After the employee has attended a seminar or workshop at the expense of the department, the supervisor should follow up with the individual to discuss the value of the program and identify ways in which the employee can apply the program material to the job and/or department. When appropriate, employees should be asked to present a report at a departmental meeting.
Initially approved by the Director of Administration on August 1, 1987. Approved by the Vice President for Administration on June 19, 1990. Revision approved by the Vice President for Administration on September 17, 1992. This modification approved by the Vice President for Administration & Finance on November 29, 2001.
Modified November 2001
The Family and Medical Leave Act of 1993, 29 CFR, Part 825
1. "Serious health condition" is an illness, injury, impairment or physical or mental condition that involves:
a. inpatient care (i.e. overnight stay) in a hospital, hospice, or residential medical care facility, or
b. continuing treatment by a health care provider - generally, such treatment includes treatment of, or recovery from, a serious health condition that caused a period of incapacity (i.e. inability to work or perform other regular daily activities) of at least three consecutive calendar days.
Conditions for which cosmetic treatments are administered, the common cold, the flu, upset stomach, minor ulcers are examples of conditions which do not meet the definition of serious health condition. Continuing treatment by a health care provider does not include routine physical, dental or eye examinations.
2. Eligible employees: Permanent employees who have been employed for the preceding twelve months and have worked at least 1040 hours during the preceding twelve months.
All other terms are used as defined in the federal regulations implementing the Family and Medical Leave Act and its implementing regulations.
The Family and Medical Leave Act (FMLA) allows eligible employees up to 12 workweeks of unpaid leave in a 12-month period for certain family and medical situations. Subject to the requirements of this policy and the applicable federal regulations, an eligible employee may request and will be granted up to twelve (12) workweeks of FMLA leave during any twelve (12) month period for one or more of the following events:
1. the birth of the employee's son or daughter and to care for the newborn child;
2. the placement of a child for adoption or foster care in the employee's home and to care for the newly placed child;
3. the care of the employee's spouse, child or parent with a serious health condition; or
4. because of the employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
An employee taking FMLA leave will not lose any employment benefit accrued prior to the date the leave commenced; but nothing in this policy entitles any employee who returns from leave to the accrual of any seniority or additional employment benefits during any unpaid period of the leave.
Unless one of the exceptions in the law applies, an employee who takes an FMLA leave for the intended purpose of the leave will be entitled, on timely return from the leave and completion of all required documentation, to be restored to the position held when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
- Calculation of Leave.
To determine the amount of FMLA leave an eligible employee may request, the following rules apply:
1. MSU-Bozeman applies a rolling twelve (12) month period measured backward from the date of the employee's first request for FMLA leave.
2. Entitlement to FMLA leave for the birth/care of a newborn child or for the placement of a child for adoption or foster care expires twelve (12) months from the date of the child's birth or placement.
3. If both spouses are employed by MSU-Bozeman, each employee may use up to twelve (12) workweeks of FMLA leave during any twelve (12) month period if the leave is for purposes described in paragraphs B.1., B.2., B.3. and B.4. above. The total leave used by each employee for FMLA purposes may not exceed twelve (12) workweeks in any twelve (12) month period.
D. Intermittent or Reduced Leave Schedules.
Subject to the limitations and certifications set forth in the FMLA, leaves may be taken intermittently or on a reduced leave schedule:
1. if medically necessary for medical treatment or for recovery from treatment or a serious health condition. MSU-Bozeman may ask that a health care provider certify the medical necessity and expected duration and schedule of such leave.
2. to care for an immediate family member with a serious health condition as specified by federal regulation.
3. for the birth, care or placement of a child in the employee's home, only if the intermittent or reduced schedule leave will not interfere with the efficient operation of the employee's unit as approved by the department head/director.
At MSU-Bozeman's request, the employee may be required to transfer temporarily to an available alternative position for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position.
E. Substitution of Accrued Paid Leave.
An employee must substitute any accrued paid leave for any unpaid FMLA leave. Annual vacation leave and appropriate sick leave will be substituted for any unpaid FMLA leave for the birth, adoptive or foster care placement of a child. Sick leave (including donated sick leave grants) will be substituted for FMLA leave that otherwise meets the requirements for sick leave (cross reference section 1015 of this manual). Upon exhaustion of any accrued paid leave, the remainder of any FMLA leave will be unpaid. The combination of paid and unpaid leave used for an FMLA purpose may not exceed twelve (12) workweeks in any twelve (12) month period.
FMLA leave will run concurrently with parental leave, paid and unpaid maternity leave, or worker's compensation related leave if the injury is one that meets the criteria for a serious health condition.
- Insurance Coverage While on FMLA Leave. Insurance coverage will be continued while the employee is on approved Family and Medical leave. The employee will be responsible for paying his/her share of the premium. While on an unpaid FMLA leave, the employee will be responsible for paying this part of the premium by submitting payment to Personnel and Payroll Services. MSU-Bozeman may recover its share of the premiums for maintaining coverage for the employee on an FMLA leave if the employee fails to return to work (or returns but fails to stay 30 calendar days) for reasons other than the continuation or onset of a serious health condition entitling the employee to leave under paragraphs C.3. or C.4 above, or other circumstances beyond the employee's control. Certification of inability to return to work as specified and allowed by the FMLA may be required.
G. Procedures. An employee may request FMLA leave by submission of the FMLA Leave Request form.
1. Notice. The employee is expected to provide notice of the need for FMLA leave as follows:
a. Birth, adoptive or foster of child. An eligible employee who desires leave for the birth/care of a child, or for adoption or foster care placement must notify the employee's department head in writing not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the employee must provide as much written notice as is practicable under the circumstances, generally within two (2) working days of learning of the need for leave.
b. Planned medical treatment. An eligible employee who desires leave for planned medical treatment for herself/himself or for her/his spouse, child or parent, should notify the employee's department head in writing as early as possible so that the absence can be scheduled at a time least disruptive to the Department's operations. Such notice should be at least thirty (30) calendar days before the start of leave. If the medical condition makes such notice impracticable, the employee must provide written notice as early as circumstances permit, generally within two (2) working days of learning of the need for leave.
c. Care of immediate family member. If the employee desires leave to care for a spouse, child or parent who has a serious health condition, the employee will notify the employee's department head in writing of the need for such leave and provide a medical certificate, a copy of which is found at the end of this section, certifying that the family member suffers from a serious health condition, the employee is needed to care for the family member and providing an estimate of the amount of time that the employee is needed for such care.
- Employee's serious health condition. If the requested leave is because of the employee's serious health condition, the employee may be required to submit a medical certificate.
2. Notice of status and intent to return to work. An employee on an approved leave under this policy must inform his/her supervisor every thirty (30) days of her/his status and intent to return to work upon conclusion of the leave. An employee may also be required to submit a fitness-for-duty certification before returning to work.
3. Second and third medical opinions. If there is reason to doubt the validity of the medical certification, MSU-Bozeman may, at its expense, require second and third opinions, as specified by the FMLA, to resolve the issue.
4. MSU-Bozeman notice to employee of designation of FMLA leave. Once MSU-Bozeman acquires knowledge that any leave taken by an employee is taken for an FMLA-qualifying reason, MSU-Bozeman will notify the employee that the leave is designated and will be counted as FMLA leave. All maternity/parental leaves will be designated as FMLA leave. Supervisors will send Family and Medical Leave Notification forms to all employees taking leave for an FMLA-qualifying reason as soon as they acquire knowledge that the leave is for an FMLA-qualifying reason.
This policy is intended to comply with the requirements of the Family and Medical Leave Act of 1993, and any terms used from the FMLA will be as defined in the Act or the U.S. Department of Labor ("DOL") regulations. To the extent that this policy is ambiguous or contradicts the Act or DOL regulations, the language of the Act or regulations will prevail.
(Cross reference Section 1025 "Maternity Leave," Section 1030, "Parental Leave" and Section 1035, "Leave of Absence Without Pay," Section1015, "Sick Leave" of this Manual.)
This policy approved by the Vice President for Administration and Finance on October 24, 1996. This modification approved by the Vice President for Administration & Finance on November 29, 2001.