APS #5062

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Leave

Brief Description

This administrative policy statement (APS) outlines or references all university employee leave-related policies. Each leave type listed below may apply to different employee groups and may be controlled by either regent policy, this APS or other state rules and regulations (as noted).

Reason for Policy

To consolidate leave policies to comply with state and federal law regarding university employee leave-related policies. Sick and vacation accruals and compensation information can be found in Regent Policy 11.E: Leave Policies for Faculty and Staff.

Policy Profile

APS Policy Title: 
Leave
APS Number: 
5062
Effective Date: 
January 1, 2021
Approved By: 
President Mark R. Kennedy
Responsible University Officer: 
Vice President of Administration
Responsible Office: 
Offfice of Employee Services
Policy Contact: 
Offfice of Employee Services
Supersedes: 
APS 5062-Leave, April 2, 2020; and APS 5063, July 1, 2020.
Last Reviewed/Updated date: 
April 1, 2021
Applies to: 
Each leave type will specify who it applies to.

I. Introduction

This administrative policy statement (APS) outlines or references all university employee leave-related policies.  Each leave type listed below may apply to different employee groups and may be controlled by either regent policy, this APS or other state rules and regulations (as noted).
Leave Type See Applies to
Vacation Section 1 University staff and faculty on 12-month appointments.
Sick Section 2 All employees.
Administrative Section 3 University staff and faculty on 12-month appointments.
Bereavement Section 4 University staff and faculty on 12-month appointments.
Court and Jury Section 5 University staff and faculty on 12-month appointments.
Furloughs Section 6 All university employees.
Job-Related Illness and Injuries Section 7 University staff and faculty on 12-month appointments.
Leave Sharing Section 8 University staff, faculty on 12-month appointments and classified staff.
Leave Without Pay Section 9 All university employees.
Military Section 10 University staff and faculty on 12-month appointments.
Parental Section 11 Nine-month faculty, university staff, faculty on 12-month appointments, and classified staff.
Paid Sick Leave During a Public Health Emergency Section 12 All university employees.
Faculty Serving in Elected Office Section 13 Faculty members on all campuses.

II. Related Policies and Other Resources

  1. Administrative Policy Statements (APS) and Other Policies
  2. Other Resources (i.e., training, secondary contact information)

III. Definitions

Italicized terms used in this Administrative Policy Statement (APS) are defined in the APS Glossary of Terms or are defined in this section.

University staff - University staff are employees who are exempt from the rules, procedures and regulations that govern the state of Colorado personnel system per Section 24-50-135, C.R.S.  University staff positions are subject to all other applicable federal and state law and regulations, as well as laws and policies set forth by the University of Colorado Board of Regents and other University policies. (The term “officer and exempt professional” was replaced with the term “university staff” effective April 17, 2015.)

IV. History

  1. Effective April 2, 2020 the following policies were combined into the APS5062 - Leave policy.  Individual APS history for each is listed below:
    • APS 5019-Parental Leave Benefits for Faculty and Staff
      • Initial policy effective:  January 18, 1990.
      • Rescinded April 2, 2020.
    • APS 5021 - Paid Administrative Leave for University Staff and Faculty on Twelve-Month Appointments
      • Initial policy effective:  January 23, 2004.
      • Rescinded April 2, 2020.
    • APS5049 - Leave Sharing for University Staff, Faculty on Twelve-Month Appointments and Classified Staff
      • Initial policy effective:  January 1, 2008.
      • Rescinded April 2, 2020.
  2. APS 5062 - Leave was the result of combining leave policies maintained in other APSs and policies while keeping sick and vacation accruals and compensation in Regent Policy 11.E: Leave Policies for Faculty and Staff.
    • Initial policy effective:  April 2, 2020.
    • Revised:  April 1, 2021, with a retroactive date of January 1, 2021, to add new section on paid sick leave during public health emergencies; merging the policy on leave for faculty serving in elected office (previously APS 5063) into a new section in APS 5062; and other revisions to conform with legislative changes from SB 20-205 known as the “Healthy Families and Workplaces Act”.
    • Last Reviewed:  April 1, 2021.
  3. Effective January 1, 2021, the following policy was combined into the APS 5062-Leave.  The individual history is listed below:
    • APS 5063-Leave for Faculty Serving in Elected Office 
      • Initial policy effective:  July 1, 2020.
      • Rescinded: January 1, 2021.

Applies to: University staff and faculty on 12-month appointments.

Section 1: Vacation Leave

I. Introduction

The intention of this policy is to define vacation leave benefits listed in Regent Policy 11.E: Leave Policies for Faculty and Staff for each employment classification.

II. Policy Statement

  1. University Staff and 12-Month Faculty
    1. Usage.  Upon approval by the supervisor, vacation may be taken after the close of the pay period in which the leave is earned.

      The appointing authority may establish periods of time when vacation leave will not be allowed, or must be taken, based on business necessity for the specific department or division.  These periods cannot create a situation where the employee does not have a reasonable opportunity to use requested leave. 
    2. Accrual.  Per regent policy 11.E, eligible full-time staff and faculty on twelve-month appointments are eligible to receive twenty-two (22) working days (176 hours) of paid vacation annually, earned as 14.67 hours per month.  An eligible employee who works part-time (less than 100% appointment) accrues vacation on a pro-rated basis.  Accrual may not exceed forty-four (44) days (352 hours) on July 1 of every year.
    3. Transfer between Leave Eligible Appointments and Non-Leave Eligible Appointments.
      1. Employees in a leave eligible appointment (e.g., university staff and 12-month faculty) who transfer or return to a non-leave eligible appointment (e.g., nine-month faculty) shall be paid for earned unused vacation leave in accordance with this policy upon termination of the employee's leave eligible appointment so long as the employee meets the other criteria described in this policy.
      2. An employee in a non-leave eligible appointment (e.g., nine-month faculty) transferring into a leave eligible appointment (e.g., 12-month faculty or university staff) will start accruing per this policy upon the effective date of the leave eligible appointment.
    4. Holidays. When a holiday occurs during a vacation, the holiday is not considered a day of vacation time.
    5. Leave Without Pay. There is no vacation accrual during periods of leave without pay or on short work breaks, except for military leave without pay and furloughs.
    6. Compensation.  If an employee has multiple appointments, the compensation rate for the payout upon retirement or termination may be the average of the hourly rates on all active, leave eligible appointments, unless the leave balances were tracked and maintained separately for each appointment. 
  2. Classified Staff
    1. Vacation leave benefits for classified staff are governed by the State of Colorado Personnel Board Rules.

Applies to: All employees.

Section 2: Sick Leave

I. Introduction

The intention of this policy is to define sick leave benefits listed in Regent Policy 11.E: Leave Policies for Faculty and Staff for each employment classification. The provisions of this University Sick Leave Policy are intended to be interpreted in conjunction with the Family Medical Leave Act (FMLA), Sick Leave and FMLA leave shall run concurrently, if applicable.

II. Policy Statement

  1. Usage for all employment classifications.
    1. Usage. Sick leave is earned when eligible employment begins. If the employee has sick leave available, it may be used in the following circumstances: 
      1. When the employee has a mental illness or a physical illness or injury (not covered by workers’ compensation), or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care.
      2. When the employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care.
      3. When an employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime.
      4. When due to a public health emergency, a public official has ordered the closure of the employee’s place of business or the school or place of care of the employee's child and the employee needs to be absent from work to care for the employee’s child.
      5. When an employee is on Parental Leave under Section 11 of this APS
      6. When an employee is on Family Medical Leave.
    2. Family member.  For purposes of section 2 and section 12, an employee’s family member means a person who is related by blood, marriage, civil union, or adoption to the employee; a child to whom the employee stands or stood in loco parentis; and a person for whom the employee is responsible for providing or arranging health or safety-related care.
    3. Rehire.  If an employee separates from employment and is rehired within six months after the separation, the employee shall be entitled to any paid sick leave that the employee accrued but did not use during the employee’s previous employment with the university and that had not been converted to a monetary compensation to the employee at the time of separation from employment.
    4. Holidays.  When a holiday occurs during sick leave, the holiday is not considered sick leave.
    5. Leave without Pay.  There is no sick leave accrual during periods of leave without pay or when on short work break, except for military leave without pay and furloughs.
    6. Documentation.  Documentation may be required from an employee if four or more consecutive days of paid sick leave are taken.
    7. Disability.  If sick leave extends beyond six months, the employee may consider disability coverage, if eligible.
  2. Nine-Month Faculty
    1. Accrual.  Per regent policy 11.E, eligible nine-month faculty on 100% appointment accrue eleven (11) days (88 hours) of paid sick leave annually.  Faculty who are on a part-time (less than a 100%) appointment will accrue sick leave on a pro-rated basis.  Accrual begins on the first day of eligible appointment. There is no limit on how much sick leave a nine-month faculty member may accrue. 
    2. Usage.  Sick leave may be required to be used when the university must replace the eligible faculty member in the classroom, or when the dean or other administrative superior, after consultation with the department concerned, shall so decide. Although nine-month faculty members do not accrue sick leave during summer appointments, they may use accrued sick leave during summer appointments.
    3. Compensation.  No compensation for unused sick leave shall be paid upon separation from employment with the university.
  3. University Staff and 12-Month Faculty
    1. Accrual.  Per Regent Policy 11.E.  eligible full-time university staff and faculty on twelve-month appointments are eligible to receive fifteen (15) working days (120 hours) of paid sick leave annually, earned as 10 hours per month.  Eligible employees who are on a part-time (less than 100%) appointment accrue sick leave on a pro-rated basis.  Accrual begins on the date that eligible employment begins. There is no limit on how much sick leave an employee may accrue.  Sick leave will be earned upon hire date and accrued at the end of each payroll cycle.
    2. Compensation.
      1. An employee may be eligible for sick leave compensation based on meeting retirement eligibility, per Regent Policy 11.F Benefits.
      2. Upon payout due to CU retirement eligibility, the employee’s remaining sick leave balance will be removed, leaving the accrued sick balance at zero (0) hours.
      3. If an employee has multiple appointments, the compensation rate for the payout upon retirement may be the average of the hourly rates on all active, leave eligible appointments, unless the leave balances were tracked and maintained separately for each appointment.
    3. Transfer between Appointments.
      1. Employees in  university staff and 12-month faculty appointments who transfer or return to a nine-month faculty or other appointment that does not allow sick leave payouts are eligible to receive payment for earned, unused sick leave if eligible for early or full CU retirement at the time of transfer according to the maximums in Regent Policy 11.E: Leave Policies for Faculty and Staff.
      2. If the employee transferring from a university staff or 12-month faculty appointment to another university appointment that does not allow sick leave payouts is not eligible for early or full CU retirement, the sick leave balance, beyond 48 hours of retained sick leave, is forfeited upon transfer to the other appointment.
  4. All Other Faculty on Contracts (including applicable student faculty).
    1. Accrual.  Per regent policy 11.E, faculty on a 100% appointment in this category, are eligible to receive three (3) days (24 hours) of sick leave per semester but no more than nine (9) days (72 hours) annually.  Accrual begins on the date the appointment begins.  Faculty who are on less than a 100% appointment, will accrue sick leave on a pro-rated basis.  Accrual may not exceed six (6) days (48 hours) on July 1 of every year.  Up to six (6) days (48 hours) of accrued sick leave may carryover from year to year.
    2. Usage. Sick leave will be granted on the dates noted and may be used immediately.
    3. Compensation.  No compensation for unused sick leave shall be paid upon termination from the university.
  5. All Other Paid Employees (including non-contract temporary employees, student employees, and applicable student faculty).
    1. ​Accrual.  Per Regent Policy 11.E, employees paid monthly or hourly are eligible to accrue 0.034 hour of sick leave for every hour worked. Accrual begins on the first day of eligible appointment.  An eligible employee who works part-time earns sick leave on a prorated basis.  Accrual may not exceed six (6) days (48 hours) on July 1 of every year.  Up to six (6) days (48 hours) of accrued sick leave may carryover from year to year.
    2. Usage.  Sick leave will be earned upon hire date and accrued at the end of each payroll cycle.  An employee is not entitled to use more than six (6) days (48 hours) of sick annually.
    3. Compensation.  No compensation for unused sick leave shall be paid upon termination from the university.
    4. Accrual Mechanism.
      1. ​Monthly. Accrual will be accrued after each monthly payroll process.
      2. Biweekly. Accrual will be calculated after each biweekly payroll process.
  6. Secondary Appointments.
    Secondary appointments are primarily used to compensate employees for additional duties over and above their full-time appointment.  If an employee has a full-time or 100% appointment and a secondary appointment, no additional sick leave shall accrue under the secondary appointment.  If an employee has a less than full-time or 100% appointment and a secondary appointment, sick leave may accrue under the secondary appointment, but the total sick leave accruals under both appointments is limited to the maximum annual accrual for the primary appointment. No employee shall be eligible for more than fifteen (15) working days of paid sick leave annually, earned as 10 hours per month.
  7. Classified Staff
    1. Sick leave benefits for classified staff are governed by the State of Colorado Personnel Board Rules.

Applies to:  University staff and faculty on 12-month appointments. 

Section 3: Administrative Leave

I. Introduction

Short-term paid administrative leave is permitted for university staff and faculty on 12-month appointments, all of whom are exempt from the State Personnel System (eligible employees).  The president or chancellor may authorize paid administrative leave for employees during an approved campus closure or other emergency.

II. Policy Statement

  1. Extended Paid Administrative Leave

    If a university staff or faculty member on a 12-month appointment is the subject of disciplinary action or an investigation, extended paid administrative leave may be authorized for such employee for a reasonable period of time.  In such circumstances, a reasonable period of time will be determined based upon the length of time it takes to complete an investigation.  Only the president or chancellors, or their designees, may authorize extended paid administrative leave for university staff and 12-month faculty for investigative purposes.

    However, the president or chancellors, or their designees, reserve the right to place university staff or faculty on a 12-month appointment on extended leave without pay.

    In the event of an approved campus closure or other emergency, the president or chancellor may authorize extended paid administrative leave sufficient to address the immediate crisis.
  2. Short-Term Paid Administrative Leave

    Supervisors of eligible employees may authorize short-term paid administrative leave for the purposes described in this policy.  A maximum of ten (10) days or eighty (80) hours of short-term administrative leave may be granted over a 12-month period.

    Short-term paid administrative leave is not an entitlement or benefit.  Authorization of short-term paid administrative leave for eligible employees rests within the sole discretion of their supervisors as exercised within the guidelines described in this policy.
    1. Purpose of Short-Term Paid Administrative Leave.

      Supervisors may authorize short-term paid administrative leave for eligible employees for reasons determined to be for the good of the university and the state.  Supervisors shall consider prudent use of taxpayer dollars and the business needs of the university in determining whether such leave is for the good of the state.  Such reasons include, but are not limited to, incentive rewards, coursework directly related to employment, and participation in school or community volunteer activities.

      Short-term paid administrative leave may also be authorized for eligible employees whose workloads (e.g., specific long- or short-term projects) require them to work significantly beyond their normal work schedules (as established by their individual supervisors) for prolonged periods of time when such leave is found to be necessary to maintain employee performance or morale or in recognition of extraordinary work performance.

      Use of short-term paid administrative leave is not required for eligible employees for the purpose of attending or participating in professional or academic seminars or conferences, participation in official activities of university employee organizations or other similar events, or supervisor required training.  These activities are considered to be work time for which leave is not required.
    2. Authorization of Short-Term Paid Administrative Leave

      Ordinarily, eligible employees must have their supervisor's authorization prior to taking short-term paid administrative leave.  In exceptional circumstances, short-term paid administrative leave may be authorized retroactively.
  3. Reporting Requirements

    All use of paid administrative leave for eligible employees, except in situations of campus closures, must be reported by use of the university's time collection procedures.  The president shall review the use of short-term paid administrative leave on an annual basis.

III. Interpretation

The Office of the Vice President of Administration shall interpret this policy.

Applies to:  University staff and faculty on 12-month appointments.

Section 4:  Bereavement Leave

I. Policy Statement

University staff and faculty on 12-month appointments may receive up to five working days of paid leave for each death to arrange for and attend the funeral and other affairs of a member of the employee's immediate family when they would otherwise have to work.

Bereavement leave is not intended to be used for end-of-life care.

For purposes of bereavement leave, immediate family members include: spouse, children, parents, grandparents, grandchildren, brothers, sisters, mothers-in-law, fathers-in-law, sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law, and any other person who is a member of the employee’s established household. A supervisor may allow an employee to receive up to five paid working days of bereavement leave for an equally significant other person not included in this definition.

Supervisors have the discretion to ask for documentation when leave abuse is suspected.  Please work with Human Resources.

Applies to:  University staff and faculty on 12-month appointments.              

Section 5:  Court and Jury Leave

I. Policy Statement

  1. University staff and faculty on 12-month appointments are granted jury leave with full pay for the period of jury duty. When an employee appears as a witness under subpoena or direction of the proper authority, the employee is granted paid court leave for such service. Compensation received by employees for jury duty or as a witness may be retained by the employee.
  2. If an employee appears in court in an individual capacity without being served a subpoena, the employee will use vacation leave or leave without pay. Compensation received by the employee may be retained by the employee.

Applies to:  All university employees.

Section 6: Furloughs

I. Policy Statement

Furloughs are unpaid leaves that may be voluntarily requested or mandated by the president or a chancellor when budgetary circumstances require a specific reduction in personnel costs.  Employees on furlough continue to accrue annual and sick leave at the same rates as when such employees are on paid leave or engaged in university work during regularly scheduled business hours.

Applies to:  University staff and faculty on 12-month appointments.

Section 7:  Leave for Job-Related Illnesses and Injuries

I. Policy Statement

University staff and faculty on 12-month appointments who suffer an injury or illness in the line of duty covered by workers' compensation are granted up to ninety (90) work days of paid injury leave. These benefits replace the more limited coverage of workers' compensation insurance which is waived by the employee during the ninety (90) days of injury leave. 

IIf an employee is unable to return to work after that time, the employee is eligible to take accrued vacation and sick leave in addition to workers' compensation.  Workers’ compensation leave runs concurrently with FMLA.

Applies to:  University staff, faculty on 12-month appointments and classified staff.

Section 8:  Leave Sharing

I. Introduction

This administrative policy statement (APS) affirms the availability of leave sharing for all university staff, faculty on 12-month appointments and classified staff, and provides guidance regarding minimum procedural standards in its application, as may be further developed in campus and system policy.

II. Policy Statement

  1. The president and chancellors may establish leave sharing programs for their organizations for the purpose of allowing donated vacation leave to be used by their university staff, faculty on 12-month appointments and classified staff. For classified employees, such leave sharing programs may be further developed in accordance with applicable State Personnel Board Rules, subject to the following:
    1. Donations
      1. Only donations of accrued vacation leave are permitted; sick leave cannot be donated. Vacation leave donations must be documented in writing and approved by the donating employee’s department to assure sufficient accrued leave exists to support the amount of leave donated.
      2. Donations may include vacation leave that would otherwise be in excess of accrual limits permitted beyond June 30 of each year.
      3. Depending on the campus leave sharing program, donations may be made generally to a "leave sharing program" or to a specific person.
    2. Procedures
      1. Campuses must implement written procedures that provide information to employees regarding leave sharing eligibility criteria, how eligibility and leave amount determinations are made, and how employees may donate or make a request for leave sharing. Such written procedures shall include sample forms for employees to use when donating vacation leave and requesting leave sharing hours.
      Leave Sharing Discretionary
      1. The granting of leave sharing hours is discretionary, is not an employee’s entitlement and cannot be grieved or appealed. Additionally, donated vacation leave is not subject to payout upon termination of employment. All requests should be treated in a highly confidential manner.

III. Related Policies

  1. CU Boulder – Leave Sharing Policy
  2. CU Colorado Springs – Leave Sharing Policy
  3. CU Denver | Anschutz Medical Center – Leave Sharing Administrative Policy
  4. CU System Administration - Leave Sharing Policy

Applies to:  All University employees.

Section 9:  Leave Without Pay

I. Policy Statement

University employees may be granted leave without pay for valid reasons for a period of up to 12 months. Such leaves must be approved by the employee's supervisor and the hiring authority. Leave without pay, except for military leave without pay and furloughs, will not be granted until all vacation leave (if eligible) is exhausted, unless otherwise requested by the employee and approved by the supervisor.

Extensions beyond the initial 12-month period must be approved by the applicable hiring authority in consultation with a human resources office. During periods of leave without pay or short work break, except for military leave and furloughs, the employee does not accrue vacation and sick leave.

Applies to:  University staff and faculty on 12-month appointments.

Section 10:  Military

I. Policy Statement

Use of military leave shall be consistent with state and federal laws. Upon presentation of proper military orders, university staff or faculty on a 12-month appointment who is a reservist or member of the National Guard is granted up to 15 calendar days of leave with pay to attend training and/or active duty service ordered. This leave is not charged to vacation leave.

If military service continues beyond 15 calendar days, the employee will be placed on military leave without pay for any remaining period of required military service. An employee on military leave continues to accrue vacation and sick leave.

An appointing authority may authorize pay equal to the difference between the employee’s university monthly pay and the sum of the monthly military pay and allowances for an employee called to active military duty. Such differential pay shall not exceed 90 calendar days and applies after exhaustion of the 15-day paid military leave. The employee must furnish a copy of the call-to-duty order and proof of military pay and allowances. This differential pay does not apply to regular military obligations such as the annual encampment and training.

University staff or faculty on a 12-month appointment who voluntarily enters military service is granted military leave without pay until the end of the initial period of service, plus any period of additional service imposed by law. If the employee fails to return to the university after this period or voluntarily extends military service beyond the initial period, the employee is considered to have resigned.

Applies to:  Nine-month faculty, university staff, faculty on 12-month appointments, and classified staff.

Section 11:  Parental Leave

I. Introduction

The intention of this policy is to set forth the leave that a parent may take and define parental leave benefits for each employment classification.

II. Policy Statement

  1. Parental Leave Benefits by Employment Classification

    The provisions of this University Parental Leave Policy are intended to be interpreted in conjunction with the Family Medical Leave Act (FMLA). Parental Leave and FMLA leave shall run concurrently.  Thus, parental leave counts as part of, and is not in addition to, the 12 weeks of leave guaranteed by the FMLA.
    1. Nine-Month Faculty
      1. Tenured and Tenure-Track Faculty

        Faculty on nine-month appointments do not accrue vacation leave.  Accordingly, tenured and tenure-track nine-month faculty are entitled to 18 weeks of parental leave to provide care for the faculty member's child within 12 months of the birth, adoption, foster care placement or guardianship of a child, during which period the faculty member may use accrued sick leave.

        If the faculty member exhausts all accrued sick leave before the end of the 18-week period, then the faculty member may continue the leave for the remainder of the period at half pay with full benefits.
      2. Other Nine-Month Faculty

        Other Nine-Month Faculty on nine-month appointments shall receive the same benefit listed in Section II.A.1.a on the same terms as tenured and tenure-track faculty on nine-month appointments.
    2. University Staff

      University staff are entitled to six consecutive months of unpaid parental leave if the eligibility in section II.B.2.b is met, (which runs concurrently with FMLA leave) during which time they may receive pay by using any combination and adhering to the rules of the following leave and campus FMLA leave programs:
      • University paid parental leave benefit (see section II.B.2),
      • Accrued sick leave,
      • Accrued vacation leave,
      • Short-term disability for birth parent only (optional plan, paid for by employee).

        During parental leave, university staff are also required to adhere to any leave without pay policies.

        All parental leave is granted to care for the university staff member’s child within 12 months of the birth, adoption, foster care placement or guardianship of a child.  The university staff member shall inform the appropriate supervisor as early as possible of the intent to use parental leave.
    3. Twelve-Month Faculty (including Research Faculty)

      Twelve-month faculty shall be entitled to the same amount of parental leave as university staff
    4. Classified Staff

      Classified staff are entitled to six consecutive months of unpaid parental leave if the eligibility in section II.B.2.b is met, (which runs concurrently with FMLA leave) during which time they may receive pay by using any combination and adhering to the rules of the following leave and campus FMLA programs: 
      • University paid parental leave benefit (see section II.B.2),
      • Accrued sick leave,
      • Accrued vacation leave,
      • Short-term disability for birth parent only (mandatory plan, paid for by the university).
        All parental leave is granted to care for the classified staff member’s child within 12 months of the birth, adoption, foster care placement or guardianship of a child.  The classified staff member shall inform the appropriate supervisor as early as possible of the intent to use parental leave.
         
    Parental Leave Components
    1. Family Medical Leave Act (FMLA) for Parental Leave

      The FMLA is a federal law that guarantees certain workers 12 weeks per year of unpaid leave to attend to certain family and medical needs, including a child’s birth, adoption, foster care placement or guardianship of a child.

      The campus and system human resources offices shall inform all employees who are covered by the FMLA of their FMLA rights regarding leave for pregnancy or for the birth, adoption, foster care placement or guardianship of a child, and shall administer FMLA leave in accordance with federal law.
    2. University Paid Parental Leave Benefit Program
      1. The university grants 160 hours (4 weeks) of paid parental leave, prorated for percent of time if appointment is less than 100%, to eligible employees (see section II.B.2.b) and can be taken and completed within one year of the birth, adoption, foster care placement or guardianship of a child.
        1. There is no cash value for paid parental leave upon termination or separation from the university and leave cannot be rolled forward for future use.
        2. University paid parental leave is to be taken consecutively unless a campus policy allows otherwise.
        3. University paid parental leave is calculated on the employee’s base salary only and is subject to taxes and withholdings.
        4. The university paid parental leave program is effective for eligible employees of children born, adopted, placed in foster care or guardianship on or after July 1, 2018, unless a campus policy allows otherwise.
        5. Eligible employees are only entitled to one paid parental leave period per year from the date the first paid parental leave begins.
      2. Eligibility for University Paid Parental Leave Program
        1. A regular 12-month faculty member, university staff or classified staff member is eligible for paid parental leave if the employee has worked for 12 consecutive months in a 50% or greater regular appointment at the university immediately prior to the date of birth, adoption, foster care placement or guardianship of a child.  
        2. A regular 12-month faculty member, university staff or classified staff member must have a regular appointment of 50% or greater on the date of birth, adoption, foster care placement or guardianship of a child to be eligible for paid parental leave. 
    3. Alternative Leave for Birth, Adoption, Foster Care Placement or Guardianship of a Child

      Any faculty or staff member who does not wish to take the standard leave described in Section II.A may negotiate an alternative leave arrangement with his or her supervisor or primary unit chair.  For example:  using the six-month unpaid parental leave intermittently, alternative work schedules, differentiated workloads, banked courses, etc.
      The decision whether to grant such a negotiated leave arrangement shall be dictated by the needs of the unit, in the discretion of the supervisor or unit chair and in consultation with the human resources office to ensure that the decision is consistent with the FMLA.  Negotiated leave arrangements must be in writing, and, in the case of a staff member, signed by the staff member and supervisor; or, in the case of a faculty member, by the faculty member, chair, and dean.
       
    4. Right to Request Other Unpaid Parental Leave

      For purposes of caring for their minor child(ren) of any age, faculty members and university staff may request parental leave without pay, or reduced loads at reduced pay, up to a total of 32 weeks for nine-month faculty or 12 months for university staff and 12-month faculty.  This maximum of 32 weeks or 12 months of parental leave includes, and is not in addition to, any leave taken under section II.A of this policy or leave taken under the FMLA.  The supervisor has discretion whether to grant such requests for parental leave or schedule modifications beyond those guaranteed by section II.A or by the FMLA.
  2. Tenure Probationary Period for Tenure-Track Faculty

    Consistent with Regent Policy 5.D.1: Tenure Probationary Period and APS 1022 - Standards, Processes and Procedures for Reappointment, Tenure, Promotion, and Post-Tenure Review, Section III.A, leave taken pursuant to this policy, including a negotiated alternative leave, does not count as part of the tenure probationary period.  Parental leave results in a "stop" on the tenure clock; such "stops" must be taken in one-year increments.  However, a faculty member may irrevocably elect, no later than six months following their return to full-time service, to have the leave time count as part of the tenure probationary period.  Such an election shall be made in writing and must be approved by the dean and the chancellor.

    A faculty member who has experienced the birth, adoption, foster care placement, or guardianship of a child, but who does not take parental leave, may also irrevocably elect to stop the tenure clock for one year, provided the election is made in writing within six months of the child’s birth, adoption, foster care placement, or guardianship of a child.

    Absent extraordinary circumstances, a maximum of two "stops" on the tenure clock for parental leave is allowed under this policy.
  3. Simultaneous Leave

    If both parents are employed by the University of Colorado and both are eligible for any parental leave benefit described under this policy, paid and unpaid leaves under this policy may be taken simultaneously or may be staggered within 12 months of a child’s birth, adoption, foster care placement or guardianship of a child.
  4. Campus Parental Leave Policies
    1. A campus may adopt a campus specific policy provided that the approved policy is referenced in section IV of this APS and the Office of University Counsel reviews any alternate policy.
      1. A campus may provide additional parental leave benefits to its employees or to a group of its employees that are more generous than those provided by Section II.A.1, Section II.A.2, or Section II.A.4 of this APS.
      2. A campus may alter the benefit for all 12-month faculty or to specified categories of 12-month faculty as provided in Section II.A.3.

III. Definitions

Italicized terms used in this section of the Administrative Policy Statement (APS) are defined in the APS Glossary of Terms or are defined in this section.

FMLA – The Family Medical Leave Act, 29 U.S.C. 2601 et seq., a federal law which guarantees unpaid, job protected leave for certain employees experiencing qualifying family and medical circumstances, including the birth, adoption, foster care placement or guardianship of a child.

Child – A biological child, adopted child, foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time leave is to commence.

Parent – A biological parent, adoptive parent, foster parent, guardian or a spouse, domestic partner or civil union partner of a parent, including an employee using a surrogate/gestational carrier.

IV. Related Policies

Applies to: All university employees

Section 12: Paid Sick Leave During a Public Health Emergency

I. Policy Statement

During a public health emergency, the university will not provide supplemental sick leave for those employees who, by university policy, have the necessary amount of sick leave required by C.R.S. § 8-13.3-405(1)(a-b).  If during a public health emergency, an employee does not have the necessary amount of sick leave required by C.R.S. § 8-13.3-405(1)(a-b), the university will supplement the employee’s sick leave as necessary.

  1. Supplemental sick leave

    The university will supplement an employee’s sick leave as necessary to ensure that an employee may take the following amount of sick leave:
    • 80 hours of paid sick leave for full-time employees; or
    • the greater of the number of hours the employee is scheduled to work in a 14-day period or the average time the employee actually works in a 14-day period for part-time employees.  Unused paid sick leave described above, may be counted towards an employee’s supplemental sick leave required during a public health emergency. 
    An employee may take paid sick leave during a public health emergency if the employee:
    • is self-isolating due to a positive diagnosis, of the illness that is the cause of the public health emergency;
    • is experiencing symptoms, seeking a medical diagnosis, medical treatment, or seeking preventive care with respect to the illness causing the public health emergency;  
    • public health officials or the employer determines it is unsafe for the employee to come to work due to the public health emergency;
    • is caring for a family member in the above circumstances;
    • needs to care for a child or other family member whose childcare facility is unavailable, or the child’s childcare facility or school is closed due to the public health emergency;
    • is unable to work because the employee has a health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency. C.R.S. § 8-13.3-405(4)(a)-(b).

      An employee may use the public health emergency sick leave for four weeks after the official termination or suspension of the public health emergency.

      Employees are only eligible for supplemental paid sick leave once during the entirety of a public health emergency.
  2. Documentation

    Documentation is not required to take paid sick leave during a public health emergency, but the employee should notify the supervisor as soon as possible.
     
  3. Family member

    For purposes of section 12 and section 2, an employee’s family member means a person who is related by blood, marriage, civil union, or adoption to the employee; a child to whom the employee stands or stood in loco parentis; and a person for whom the employee is responsible for providing or arranging health or safety-related care.

Applies to:  Faculty members on all campuses              

Section 13: Leave for Faculty Serving in Elected Office

I. Introduction

The university encourages and supports public service among its faculty.  The policy establishes rules to ensure that tenured faculty are provided the opportunity to serve in elected office and provisions for non-tenured faculty who wish to serve.

II. Policy Statement

  1. As a private citizen, a faculty member may engage in political activities, including campaigning for elected office or serving in elected office.  The university shall not restrict such activity provided it does not interfere with the faculty member’s responsibilities to the university.  Potential conflicts of interest or commitment shall be addressed in accordance with APS 5012:  Conflicts of Interest and Commitment in Research and Teaching.
     
  2. If a tenured faculty member is elected to a paid position that requires a full-time time commitment, a leave without pay shall be requested by the faculty member and shall be granted by the university.  If full-time service is required for only a specific period of time, a leave without pay shall be requested and shall be granted for the period of full-time service.
    1. Mandatory approval of leave without pay shall only apply to the first term of office.  Leave for subsequent terms may be negotiated with the dean of the faculty member’s school or college, but is not guaranteed.
  3. Non-tenured faculty may request leave to serve in elected office; however, leave is not guaranteed. The tenure probationary period for tenure-track faculty shall only be extended if leave is granted and an extended probationary period is explicitly approved as part of that agreement.
     
  4. A faculty member should contact Employee Services for information on the impact of a leave without pay or reduction in time (partial leave) on benefits eligibility.

III. Related Policies