(1) Non-accrued leave as provided in this code is leave which entitles eligible employees to the benefits of salary, according to the prescribed schedule, and retention of status as employees for the prescribed lengths of time, for the employee’s own short-term and long-term absence caused by any incapacity to perform regular duties and causing absence from work as a result of an accident, physical or mental illness, or pregnancy. Absences for the employee’s own appointments with health care providers are also included. Absences for medical appointments and absences for illness or injury are reported on the standard CWU form, “Request for or Report of Absence.” Absences that also qualify as leave under FMLA will be designated as such in accordance with CWUP 6-60-030.
Those employees eligible for the non-accrued leave plan include:
1. CWU exempt employees who began exempt service prior to June 7, 1996, who irrevocably elected to remain in the non-accrued leave plan (formerly the disability leave plan) rather than convert to the sick leave accrual plan effective January 1,1997.
2. CWU faculty with more than four (4) years of service appointed to exempt positions on or after June 7,1996, who elected to transfer from the faculty disability leave plan to the non-accrued leave plan (formerly the disability leave plan).
(2) Exempt employees shall be eligible to receive non-accrued leave, subject to the following limitations and exceptions:
Employees covered by the sick leave accrual plan are not eligible for the benefits of the non-accrued leave plan that follows.
Employees generally shall be eligible for non-accrued disability leave only when they are in pay status or would have been in pay status but for the incapacity to perform regular duties as a result of an accident, physical or mental illness, pregnancy, or appointment with a health care provider. Employees who experience an incapacity to perform regular duties during a time when they are temporarily not in pay status shall begin to receive benefits from the time when they would have been placed again on the payroll.
Non-accrued leave shall be given for each separate case of incapacity to perform regular duties as required for recovery to resume normal duties up to the maximum amounts available, provided that non-accrued leave benefits as indicated in this code shall be guaranteed as a minimum for each separate case of disability.
The exempt employee may be required to provide verification at the employee’s expense by one or more health care providers verifying the employees need to be absent due to an accident, physical or mental illness, pregnancy, or health care provider appointment. The university may, at its expense, seek a second opinion verifying the employee’s need to be absent due to an accident, physical or mental illness, pregnancy, or health care provider appointment. Failure to provide verification or refusal to submit to a request for a second opinion shall result in disapproval of non-accrued leave.
(3) Short-Term Non-accrued Leave. Short-term non-accrued leave benefits shall be as follows:
1. First four calendar months with retention of full employment status and with full regular monthly salary payments;
2. The next six calendar months with retention of full employment status and with one-
half of the full regular monthly salary payments;
3. The next nine calendar months with retention of full employment status and no salary.
(4) Long - Term Disability Leave. Long-term disability leave with salary and/or retention of status beyond the period prescribed for short-term non-accrued leave may be granted at the discretion of the president/designee, subject to such conditions as the president/designee may determine.
Disability Leave absence may also run concurrently with and be designated as covered under the Family and Medical Leave Act (FMLA)
[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09: Responsibility: EEA Governing Board/Chief of Staff; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC; Review/Effective Date: 9-5-12; Approvedby: James L. Gaudino, President]