218.0 VII-7.12 - POLICY ON LEAVE OF ABSENCE WITHOUT PAY
 
  (Approved by the Board of Regents, May 1, 1992; Amended
   November 12, 1993)
 
 
       I.   Purpose and Applicability:
 
            A.   This policy governs voluntary leaves of absence
                 without pay (LWOP) for regular full-time and part-
                 time administrative and classified employees of the
                 University of Maryland System.
 
            B.   Emergency military leave, temporary military leave,
                 and indefinite military leave shall be granted to
                 eligible employees in accordance with applicable
                 state and federal law, and shall be governed by the
                 Policy on Military Leave.
 
            C.   Leaves for family and medical reasons shall be
                 granted to eligible employees in accordance with
                 applicable state and federal law, and shall be
                 governed by the UMS Policy on Family and Medical
                 Leave.
 
      II.   Eligibility:
 
            A.   Granting of requests for a leave of absence without
                 pay shall be at the discretion of the Chief
                 Executive Officer or designee after his/her
                 consideration and determination of the following:
 
                 1.   The employee shall:
 
                      a.   hold a regular full-time or regular part-
                           time (50% or more) position, and
                      b.   have completed a total of at least twelve
                           (l2) months of service at the UMS
                           institution from which the employee
                           wishes to take leave, and
                      c.   have a satisfactory record of work
                           performance, and
                      d.   shall not have a record of abuse of
                           accrued leave usage.
 
                 2.   Granting of the request shall:
 
                      a.   not disrupt or interfere with the
                           operations or work schedules of the
                           institution or institutional unit.
 
      III.  Duration of Leave:
 
            All regular employees may request a full or partial leave
            of absence without pay up to a maximum of a two-year (24
            month) period in accordance with the provisions of this
            policy.
 
       IV.  Reasons for Leave:
 
            A.   A leave of absence without pay may be requested by
                 an eligible employee for reasons such as:
 
                 1.   loan of an employee to another governmental
                      agency, higher education institution or
                      related organization;
 
                 2.   outside employment that would lessen the
                      impact of a potential layoff or a layoff;
 
                 3.   professional activities related to academic
                      research, advanced study, career development,
                      or other professional activities that are
                      determined by the institution's Chief
                      Executive Officer or designee to be of benefit
                      to the University of Maryland System or system
                      institution;
 
                 4.   anticipated low demand for the employee's
                      services during slow periods in the
                      institution's or unit's operations (seasonal
                      leave), or
 
                 5.   other activities as determined to be
                      appropriate by the Chief Executive Officer.
 
 
       V.   Job Protection:
 
            A.   Unless otherwise agreed to by the employee and the
                 Chief Executive Officer or designee, a leave of
                 absence without pay granted within the provisions
                 of this policy assures the employee a right to
                 return to his/her former position or to another
                 equivalent position within the same department
                 having the same pay, benefits, other terms and
                 conditions of employment, status and
                 responsibilities as the former position upon
                 expiration of the leave.
 
            B.   If during the leave the Chief Executive Officer or
                 designee determines in his/her discretion that the
                 position cannot be held available, the Chief
                 Executive Officer or designee shall notify the
                 employee in writing of his/her decision and shall
                 provide information regarding the equivalent
                 position to which the employee will be returned
                 upon expiration of the leave.  The employee shall
                 have the right to return to work within fifteen
                 (15) working days from receipt of such notice in
                 order to keep the position from which he/she had
                 taken leave.
 
            C.   If there are reductions in the work force while the
                 employee is on leave and the employee would have
                 lost his/her position had he/she not been on leave,
                 then except as provided under UMS Policy on Layoff
                 and UMS Policy on Reinstatement, an employee has no
                 rights under this policy to be returned to his/her
                 former or to an equivalent position.
 
            D.   If there are increases or decreases in pay,
                 benefits, or other terms and conditions of
                 employment while the employee is on leave that
                 would have affected the employee had he/she not
                 been on leave, then except as provided under
                 applicable UMS policy, the employee shall be
                 returned to employment consistent with current
                 applicable, appropriate pay, benefits and other
                 terms and conditions of employment.
 
            E.   An employee on leave of absence without pay shall
                 not return from leave prior to the agreed upon
                 expiration of the leave without written approval of
                 the Chief Executive Officer or designee.
 
       VI.  Status of Benefits While on Leave:
 
            A.   All benefits, including health care and service
                 credit for retirement and other purposes, shall be
                 suspended for the period of the leave of absence
                 without pay.  However, an employee on leave of
                 absence without pay for more than thirty (30) days
                 may elect to continue health care and other
                 benefits, as permitted by law or regulation, by
                 paying the full cost of the benefits, including the
                 share ordinarily paid by the employer.
 
            B.   An employee who elects to discontinue health
                 benefits may not re-enroll in the State of Maryland
                 health benefits program within the same benefit
                 year without certification that the employee has
                 been enrolled in another health plan during the
                 period of leave.
 
            C.   Under exceptional circumstances and on a case by
                 case basis, the chief Executive Officer or designee
                 may approve the continuation of the employer's
                 subsidy for health care benefits if the reason for
                 the leave is determined by the Chief Executive
                 Officer or designee to be of benefit to the UMS
                 institution.  Employer costs of any payments made
                 to maintain the employee's health benefit coverage
                 while on a leave of absence without pay shall be
                 recovered if the employee fails to return from
                 leave.
 
       VII. Compensation During Leave:
 
            A.   This policy governs unpaid leaves of absence;
                 however, the Chief Executive Officer or designee,
                 may require that accrued annual leave, personal
                 leave, holiday leave or compensatory leave (in the
                 case of non-exempt employees) be used prior to
                 granting LWOP.
 
     VIII.  Providing Information About Leave:
 
            A.   The employee shall provide complete, accurate and
                 timely information related to the request for,
                 continuation of, modification(s) to, and return
                 from leave.
 
      IX.   Failure to Return from Leave:
 
            A.   An employee who will not be returning to the
                 institution at the conclusion of a leave shall
                 notify the Chief Executive Officer or designee in
                 writing as soon as practicable.  In the absence of
                 written notification, failure to return from leave
                 shall be interpreted as a resignation.
 
      X.    Miscellaneous:
 
            A.   Upon request of the Chief Executive Officer or
                 designee, an employee granted a leave of absence
                 without pay shall provide progress reports and/or
                 verification that the conditions of the leave are
                 being/were met.
 
            B.   Service credit shall not be granted to an employee
                 on a leave of absence without pay.
 
            C.   An employee may elect to purchase service credit at
                 the time of retirement for prior leaves without pay
                 that are qualified by the Maryland State Retirement
                 and Pension Systems.  Upon approval of a leave
                 without pay, an employee shall follow the
                 institution procedure to assure that this option
                 may be exercised.
 
            D.   When LWOP is approved for employees who are on
                 probation status, the probation period shall be
                 adjusted upon the return of the employee by the
                 length of time used for LWOP.
 
 
  IMPLEMENTATION PROCEDURES:
 
       Each Chief Executive Officer shall identify his/her
       designee(s), as appropriate for this policy; shall develop
       procedures as necessary to implement this policy; shall
       communicate this policy and applicable procedures to his/her
       institutional community; and shall forward a copy of such
       designation and procedures to the Chancellor.
 
 
  Replacement for:  UMS BOR VII - 7.12 as adopted May 1, 1992.