Cornell Cooperative Extension of Tompkins County

Human Resource Policy Manual

Policy Statement - A Personal Leave Without Pay may be offered to an employee who wishes to temporarily leave active service and to allow for the continuation of benefits at the group rate. Personal Leaves Without Pay are subject to the restrictions listed below.

Personal Leaves Without Pay [for up to 26 weeks] in which an employee's position is held for their return are subject to the following conditions for eligibility and granting of leave:

• Eligibility - All full-time and part-time employees are eligible to request Personal Leave Without Pay. Extension educators who are enrolled in the Federal Retirement Plan are directed to contact the Federal Retirement Officer in Extension Administration at Cornell to analyze the effect on service credit.
  

• Duration - This type of Personal Leave Without Pay may be granted, without pay, for up to 26 weeks during the fiscal year (January 1st-December 31st).
  

• Request Procedure - The employee is required to submit a written request to the Executive Director, including the length and reason for the leave. If approved, the supervisor should confirm the arrangement in writing before the start of the leave.
  

• Leave Balances - With the concurrence of the supervisor and consistent with specific leave policies, employees may be required to use vacation, personal or health care leaves for all or part of the leave. Paid leaves (e.g. sick or vacation) do not accrue during leave without pay.
  

• Job Restoration - During this type of Personal Leave Without Pay, the employee's position is held for their return. At the conclusion of the leave, the employee shall be restored to the position the employee held when the leave began or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, provided the employee returns to work within the time and conditions provided by the leave.

Personal Leaves Without Pay [for up to 1 year] in which an employee's job with the Association cannot be guaranteed is subject to the following conditions for eligibility and granting of leave:

• Eligibility - All full-time and part-time employees are eligible for this type of Personal Leave Without Pay provided the employee has completed a minimum of one continuous year of service prior to the starting date of the leave. Extension educators who are enrolled in the Federal Retirement Plan are directed to contact the Federal Retirement Officer in Extension Administration at Cornell to analyze the effect on service credit.
  

• Duration - this type of Personal Leave Without Pay may be granted, without pay, for up to one year, and is considered a resignation and employee is placed on leave without pay for the period of the approved leave.
  

• Request Procedure - Employees must submit a written request to the Executive Director, stating the length and reason for the leave. The Executive Director will deny or approve the request. If approved the Association will provide the employee with written acceptance of the resignation and approval of the leave.
  

• Leave Balances - Vacation balance is paid in a lump sum at the time of resignation. Sick leave balance at the time of resignation will be restored to an employee who returns to active regular employment at the planned expiration of the leave or within one year.
  

• Job Restoration - The Association cannot guarantee jobs for employees who are on this type of Personal Leave Without Pay.

Continuation of Benefits Coverage - Employees' existing health insurance coverage will be maintained during the leave period provided they continue to pay both their share and the Association's share of premiums. Employees' eligibility to continue specific benefit coverage is based on those benefits in effect at the time the leave commences. Contact the association designated benefits coordinator or Extension Administration Human Resources for an appointment to discuss your individual elections.

• Extenuating personal circumstances;
• Educational opportunities that promote the employee's growth and development;
• Extended vacation (following five years of continual association service)
• government service (elective office);
• other reasons deemed appropriate by the Association.

Note: For Personal Leave Without Pay where the Family and Medical Leave Policy (FMLA) is applicable, leaves beyond the maximum 12-week FMLA allowance will qualify for consideration under this policy.

Compensation - Personal Leaves Without Pay are without pay. Employees may be required to use accumulated vacation or personal leave in conjunction with the Personal Leave Without Pay. Use of paid leave of absence does not extend the maximum leave period.

Approval - Each request for a Personal Leave Without Pay will be evaluated on its own merits including but not limited to an analysis of the cost/benefit returns to the Association and impact on programming and administration. Approval for Personal Leave Without Pay is at the sole discretion of the Executive Director.

Procedure - Requests for a Personal Leave Without Pay (excluding a Personal Leave Without Pay pending a long-term disability determination) must be submitted, in writing, to the Executive Director. The written request should include the following:

• reason for leave
• expected duration of leave
• benefits to the employee and extension association
• suggestions on how job related duties of employee's current position will be handled during the employee's absence.
• any outside employment during the leave must be included in the request.

Acceptance of Employment - Acceptance of any employment inconsistent with the approved Personal Leave Without Pay may result in discipline, up to and including termination

Return to Work - An employee should contact the employee's supervisor at least ten days prior to the end of the leave to formalize return-to-work procedures.

Reinstatement - If any employee desires to return prior to the Personal Leave Without Pay end date, approval from the Executive Director is required.

Failure to Return - If the employee fails to resume duties related to her/his employed position once the Personal Leave Without Pay expires, the employee will be terminated.

Failure to Comply with Approved Request - If the employee accepts employment that was not part of the written request and approved Personal Leave Without Pay, it will result in immediate termination of the Personal Leave Without Pay.

Additional Contact Information - Contact Extension Administration Human Resources at Cornell for information on payment into and benefits of the tax deferred annuity plans, the civil service retirement system, or the federal employment retirement system.

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