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1 OLICY IVISION DMINISTRATIVE UMBER P D N A Division of Human Resources HR 1.12 HR OLICY T ITLE P Leave Without Pay COPE OF P OLICY D S ATE OF R EVISION November 16, 2018 USC System R ESPONSIBLE O FFICER FFICE O DMINISTRATIVE A for Human Resources Vice President Division of Human Resources ______________________________________________________________________________ THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE FACULTY, STAFF, OR ADMINISTRATIVE EMPLOYEE AND THE UNIVERSITY OF SOUTH CAROLINA. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE UNIVERSITY OF SOUTH CAROLINA RESERVES THE RIGHT TO REV ISE THE CONTENTS OF THIS DOCUMENT , IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. THE UNIVERSITY OF HUMAN RESOURCES HAS THE AUTHORITY OF SOUTH CAROLINA DIVISION TO INTERPRET THE UNIVERSITY’S HUMAN RESOURCES POLICIES. ______________________________________________________________________________ P URPOSE The Leave Without Pay p olicy communicates about leave without pay for af fected employees . EFINITIONS D Family and eligible (FMLA) : A federal law requiring employers to provide Medical Leave Act with employees job - protected and unpaid leave for qualified medical and family reasons. Long Term Military Leave Leave granted to employees who have been, or shall be, : commissioned, enlisted or selected for service in the Armed Forces of the United States and the requirements and regulations of the Armed Forces shall prevent their return to civil employment for a period of no less th an 90 days but not more than 5 years. Short Term Military Leave w ithout Pay : Leave granted to employees who as members of the National Guard or other reserve component of the United States Armed Services are engaged in training or duty for a period of tim e in excess of fifteen working days and who have exhausted other available types of leave. An enforced leave of absence without pay pending investigation of charges against Suspension : an employee or for disciplinary purposes. 1

2 Unauthorized Leave Without Pay An absence which has not been previously approved by the : unit head or an authorized supervisor. federal law Uniformed Services Employment and Reemployment Rights Act (USERRA): A crimination on the that protects military service members and veterans from employment dis basis of their service, and allows them to regain their civilian jobs following a period of uniformed service. P TATEMENT OLICY S This document describes the University of South Carolina Leave Without Pay Policy, the leave without pay, and provides other relevant information, pursuant to the different types of regulations of the South Carolina Division of State Human Resources. Eligibility A. Employees of the University of South Carolina except student employees are allowed certain Leave taken pursuant to this policy may qualify as FMLA leave and, of leave without pay. types The Leave W ithout Pay policy will be applied in an equitable if so, will run concurrently. manner to all employees. Types of Authorized Leave Without Pay B. . Family and Medical Leave Unpaid family and medical leave is available to eligible 1. employees who have been approved for a leave of absence in accordance with the FMLA but have exhausted available sick leave and annual leave. 2. Employees who have exhausted their annual leave or who will exceed the 30 - day Personal. . limit of annual leave may request additional unpaid leave for personal reasons Short Term Military Leave 3. L eave for employees who have been on military training in . excess of 15 workdays in a calendar or fiscal year and have used all available annual leave. 4. Long Term Military Leave. Leave for employees whose active military service precludes civilian employmen t for a period of at least 90 days but no t more than five years and are eligible for reemployment protection under the USERRA. 5. Suspension . Suspension is an enforced leave of absence without pay that has been authorized by Employe e Relations in the Divisi on of Human Resources. Unauthorized Leave Without Pay C. An absence which has not been previously approved by the unit head or an authorized supervisor is considered unauthorized leave without pay. Employees being charged with unauthorized leave y must be notified in writing and will be subject to appropriate disciplinary action. without pa An employee on unauthorized leave without pay for three consecutive workdays will be considered 2

3 to have voluntarily resigned abandoned the position. See u niversity p olicy HR 1.39 and Disciplinary Action and Termination for Cause . P ROCEDURES A. Authorized Leave. 1. With the exceptions of military leave and suspension a n employee must obtain approval from their unit hea or an authorized supervisor prior to going on leave without pay in order for d leave to be considered authorized. Failure to do so may result in the absence being charged as unauthorized leave, which may lead to appropriate disciplinary action, up to and i ncluding termination. 2. L eave without pay will not be authorized until all available annual and sick leave has been used except in the case of suspensions and as provided in university policies HR 1.03 Annual Leave and HR 1.06 Sick Leave . 3. Additional employees in FTE positions will not be hired to replace employees on authorized leave without pay. Exceptions may be made for long term military leave pursuant to the terms of the Uniformed Services Employment and Reemployment Rights Act (USERR . A) B. Family and Medical Leave. th e Leave without pay for FMLA reasons for three days or more must be reported on Employee Medical Certification form (P - 75) or th e Family FMLA Certification form and forwarded to the Division of Human Resources’ Benefits Office for review and to Family and Medical leave without pay will be approved approve/deny the leave requested. under the terms of the FMLA. C. Personal Leave . L 1. eave without pay for personal reasons for up to 1 0 consecutive calendar days may be authorized by the unit head. 2. Leave without pay for personal reasons in excess of 10 consecutive calendar days may be requested by the unit head for review and approval by the Vice President for Human Resources or their designee. D. Military Leave . 1. Short Term Military Leave. Leave for military training in excess of 15 workdays in a calendar or fiscal year will be charged against accrued annual leave. If annual leave is not available, the absence will be charged to leave without pay. Additional information regarding paid leave for military training is provided in university policy HR 1.09 Other . Leave with Pay 3

4 erm 2. Employees going on l ong t rm Military Leave. m ilitary l eave must notify the Long Te Division of Human Resource’s Benefits Office in order to maintain their rights under the Long term Uniformed Services Employment and Reemployment Rights Act (USERRA). l eave will be approved upon notification under the terms of the Uniformed Services military . Employment and Reemployment Rights Act (USERRA) Suspension. E. For classified and unclassified non - academic employees suspension must follow the procedures stated in university policy HR 1.39 Disciplinary Action and Termination for Cause . Related University, State and Federal Policies Family and Medical Leave Act (FMLA) Uniformed Services Employment and Reemployment Rights Act (USERRA) - 710, 19 State Human Resources Regulations 19 712 - 711, 19 - HR 1.03 Annual Leave HR 1.06 Sick Leave HR 1.07 Family and Medical Leave HR 1.09 Other Leave with Pay HR 1.39 Disciplinary Action and Termination for Cause HR 1.57 Separations H ISTORY OF R EVISIONS R D ATE OF EVISION R EASON FOR R EVISION November 16, 2018 Updated to new format Clarified m ilitary l eave w ithout p ay Added suspension to types of leave without pay rocedures Updated p 4

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