Section 6 - Attendance/Leave
Policy Number: 6.15 - LEAVE WITHOUT PAY (LWOP)
SCOPE: ADMINISTRATION, FACULTY AND STAFF Issued: 4/1/00
1. Leave Without Pay: Leave without pay (LWOP) can only be granted according to the following provisions:
1.1 Must be approved by the supervisor and the appropriate Vice President.
1.2 Except for disciplinary and worker's compensation situations, all accumulated paid leave entitlement must be exhausted before such LWOP can be granted. Sick leave must be exhausted only in those allowable cases as provided in the sick leave provisions. All such leave will be limited to twelve (12) months.
Although approval of such leaves constitutes a guarantee of employment for a specified period of time, such a guarantee is subject to fiscal constraints. The University does not assure that the employee returning from Extended LWOP will be returned to the same position but only that he/she will be returned to a similar position for which his/her qualifications are accepted by the supervisor of an available vacant position.
The President may waive these limitations for such reasons as interagency agreements or for educational purposes.
1.3 Except in the case of an employee returning to State employment from military LWOP, any full calendar month in which an employee is on LWOP will not be counted in the calculation of total State service for the purpose of vacation or longevity pay entitlement. Any such full calendar month of LWOP shall not constitute a break in the continuity of State employment, but shall not be considered in the calculation of six (6) months continuous service under vacation leave provisions.
1.4 When an employee is placed on LWOP, compensation for that particular pay period shall be reduced at the equivalent hourly rate of pay times the number of work hours of LWOP.
1.5 Placing an employee on LWOP involves additional administrative expenses and creates an additional workload for co-workers and therefore, frequent or lengthy LWOP status may subject the employee to corrective actions up to and including termination.
1.6 A full-time employee or regular or part-time employee who is subject to FLSA and is on leave without pay will have his or her compensation reduced for that particular pay period at the equivalent hourly rate of pay times the number of work hours lost by leave without pay. FLSA exempt employees may also be subject to salary reduction in the same manner, in accordance with provisions set forth in the overtime provisions of 29 C.F.R. Section 541.188 and Policy No. 6.7. FLSA exempt employees who are absent from work for less than one day for personal reasons or sickness or disability under certain conditions may be subject to a salary reduction.
2. Extended Leave Without Pay (ELWOP): Any employee who is unable to perform the requirements of his/her job with or without a reasonable accommodation may request to be placed on LWOP status for a full calendar month or longer must make a written request to the appropriate Vice President. Normally such requests will be limited to six (6) months and in no case beyond twelve (12) months. When such leave is granted the employee will be eligible to return to employment in a similar position provided that at the expiration of the leave:
2.1 The employee is in satisfactory medical condition and or mental condition to resume full employment with or without a reasonable accommodation. A doctor's documentation may be required;
2.2 The employee notifies the Office of Human Resources in writing of the intent to return to work; and,
2.3 The employee allows at least thirty (30) days for reinstatement in a similar position.
2.4 The University does not assure that employees returning from extended LWOP will be returned to their same position but only that they will be returned to a similar position except in cases of fiscal constraints.
2.5. Failure of an employee to return to work at the end of an approved LWOP will be a voluntary termination of employment unless a request for extension of the LWOP has been approved by the appropriate Vice President.
2.6. Employment while on a disability LWOP is cause for termination unless specifically approved as unrelated to the employee's University responsibilities.
2.7. During an extended LWOP (longer than a calendar month), the employee is responsible for the full insurance premiums on any coverage. That is, the employee must pay both the normal employee cost and the state contribution unless the leave is certified as Family Medical Leave. Failure to pay the premium will result in cancellation of the insurance, and evidence of insurability may be required to have the insurance reinstated.
2.8. No sick or vacation leave will be accrued for any calendar month on LWOP.
2.9 Retirement contributions are discontinued while on LWOP. Accrued benefits are not forfeited, nor may they be withdrawn during the LWOP.
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Reference:
Texas Government Code, §661.909
