Leave Without Pay Policy

Table of Contents

Scope

100.00 Introduction and Purpose

200.00 Faculty, BOR, MUS Contract, Employees

300.00 Classified Employees

400.00 Use of Accrued Leave or Compensatory Time

500.00 Departmental Discretion

600.00 Public Office

700.00 State-Active Duty

800.00 Reasonable Accommodation

900.00 FMLA Leave

Scope

This policy applies to the categories of employees as referenced and does not apply to student employees or short-term workers

100.00 Introduction and Purpose

This policy governs leaves without pay. The Board of Regents has a policy regarding leave without pay for faculty and for BOR and MUS contract employees See BOR Policy 801.3. The Board of Regents has adopted the Department of Administration Leave Without Pay policy for classified employees. This policy is intended to be consistent with the Department of Administration's policy to the extent it is applicable to classified employees.

200.00 Faculty, BOR, MUS Contract, Employees

Faculty, BOR, and MUS contract , employees are eligible to request a leave of absence without pay after two (2) years of continuous service as outlined in BOR Policy 801.3.

300.00 Classified Employees

A leave of absence without pay is a period of unpaid absence from employment provided by the university that does not result in a break in service. The leave must be approved in advance whenever possible or practical.

Eligible employees taking a leave of absence without pay concurrently with the Family and Medical Leave Act (FMLA) must comply with the FMLA Policy and regulations. The FMLA policy requirements take precedence over this policy to the extent any differences exist.

400.00 Use of Accrued Leave or Compensatory Time

An employee must use all appropriate accrued leave or compensatory time before requesting leave without pay. However, the employee is not required to exhaust annual vacation leave balances for reasons of illness unless the employee agrees See 2-18-615, MCA.

500.00 Departmental Discretion

In most cases it is within the discretion of the department to approve or deny a request for leave without pay. Requests for leave without pay beyond five (5) working days, the department must consult with Human Resources. However, a department must approve the request if the reason for leave is to serve in a public office, for qualifying military service, or for qualifying reasons under the FMLA or ADA as required by applicable policies and statutes.

600.00 Public Office

The university will approve leave for purposes of serving in an elected or appointed public office up to a maximum of 180 days annually See39-2-104, MCA.

700.00 State-Active Duty

Employees ordered to state-active duty are entitled to a leave of absence from employment during the period of state-active duty. A leave of absence for state-active duty may not be deducted from sick leave, vacation leave, military leave, or other paid-leave balances unless requested by the employee See 10-1-1006, MCA.

800.00 Reasonable Accommodation

Leave without pay may be a reasonable accommodation in some circumstances. An employee who requests leave because of a disability may be required to provide medical certification indicating the disabling condition requires a leave of absence. Supervisors must refer all requests for leave as an accommodation to the University’s ADA and Leave Coordinator. See the Reasonable Accommodation for Employees and Applicants with Disabilities Policy for further guidance.

900.00 FMLA Leave

Eligible employees may request unpaid FMLA leave for qualifying reasons outlined in the FMLA Policy.