4.1 Reporting Absences

If an employee is unable to report to work for any reason, it is his or her responsibility to notify the supervisor as soon as possible prior to the start of the workday. If the employee is unable to reach the supervisor, s/he should follow the department's procedure for notification. Failure to notify the College of an absence before the start of the workday means the absence is unauthorized and can lead to disciplinary action.

4.2 Combined Time Off

In an effort to provide flexibility to employees for the use of time off, Middlebury College created combined time off (CTO). CTO can be used for vacation, sick, or personal time, as well as for three floating holidays (Memorial Day, Independence Day, and Labor Day).

It is not necessary to distinguish how the time is being used (i.e. vacation, sick, or personal day). Departments will establish practices for providing notice of absences from work and scheduling time away.

Eligibility

Most full-time regular staff employees and benefits-eligible part-time staff employees accrue CTO in the first pay period in which the employees are paid. See Handbook section 2.3 Basic Information about Employment at Middlebury College for definitions of regular full-time and benefits-eligible part-time.

Faculty, temporary, seasonal, part-time employees in positions budgeted for less than 1,000 hours per year, as well as a small number of special jobs, are not eligible for CTO.

Accruals

CTO accrues in hours after each biweekly payroll is run. Accrual is based on length of service. The following chart outlines CTO accruals.

Length of Service	Annual Accrual for 1 Full Time Equivalent	CTO Accrual for Each Hour Paid	Biweekly Accrual for Staff with Schedules of 77.5 Hrs./pay period	Biweekly Accrual for Staff with Schedules of 80 Hrs./pay period
0-2 Years	26 days/yr.	0.1 hrs.	7.75 hrs.	8 hrs.
Over 2-10 Years	31 days/yr.	0.1192 hrs.	9.24 hrs.	9.54 hrs.
Over 10-20 Years	36 days/yr.	0.1385 hrs.	10.73 hrs.	11.08 hrs.
Over 20 Years	40 days/yr.	0.1538 hrs.	11.93 hrs.	12.31 hrs.

CTO Maximum

The following chart outlines CTO maximum accruals.
 

	Maximum at fiscal year end*	Maximum at anyother time during the year
Staff on 8 Hrs./Day Schedules	192	288
Staff on 7.75 Hrs./Day Schedules	186	279

*The fiscal year end maximum is applied in the last day in June of each year. Following June 30 any CTO over the maximum will be automatically moved to SLR.

At any other time of year, no automatic SLR transfer will occur and CTO accrual will stop when the maximum is reached.

To avoid lost CTO accrual, staff must manage their own CTO banks and transfer CTO to SLR before reaching the maximum.

Advance planning of time away, shifting of CTO time to Sick Leave Reserve, and requesting and reporting time off in a timely fashion is the employee's responsibility. Supervisors and managers are responsible for planning for appropriate coverage in their departments and giving timely responses to requests for time off. Supervisors are required to track time away and ensure it is recorded properly.

CTO Pay-Out

Accrued and unused CTO will be paid out at 100% of the employee's rate of pay when they terminate employment or their position is no longer eligible to accrue CTO. SLR is not paid out.

CTO Use

General CTO guidelines

The combination of CTO and regular worked hours each pay period should equal an employee's regular scheduled hours. Part-time employees may not enter CTO in excess of their scheduled hours. Employees not on a formal leave status must use CTO to cover absences from work unless their supervisor has granted an unpaid absence. Employees may not choose to take time unpaid.

Please refer to the Personal Leave of Absence Policy for Unpaid Absences in excess of a full pay period.

Non-exempt staff CTO Use

As required by the Fair Labor Standards Act (FLSA), non-exempt staff must record all work time. When non-exempt staff members use CTO they should record each hour or portion of an hour away from work as CTO.

Exempt Staff CTO Use

As required by the Fair Labor Standards Act (FLSA), exempt staff are paid on a salaried basis. This dictates that their pay does not vary with regard to the number of hours worked. Exempt staff often work in excess of their normal scheduled hours and do not receive overtime or any additional pay beyond their salary. Therefore, occasional brief absences from work of less than a day will not be deducted from the CTO banks of exempt staff with the exception of approved leaves of absence under the Family and Medical Leave Act (FMLA). CTO will be recorded in full day increments when an exempt staff member is away from work for the entire day. Exempt staff hold regular schedules and deviations from these schedules must be approved by their supervisors. In situations of a reduced schedule or repeated or regular absences, managers and staff should make arrangements to enter CTO to adjust for absences. The use of half days may be a useful alternative in these cases. Issues related to productivity, meeting position responsibilities and appropriate office hours are performance matters and will not be managed through CTO use.

4.3 Sick Leave Reserve

Sick Leave Reserve can be used in the event employees have a bona fide illness, injury, physically disabling condition including pregnancy, or if they must care for an ill member of their immediate family. SLR may not be used to care for well infants, children, or other family members. Those included in the definition of immediate family are individuals permanently residing in the employee's home or temporarily residing with the employee as a result of the family member's illness, including, but not limited to spouse/domestic partner/civil union partner, children, parents, and parents-in-law.

Appointments with physicians, dentists, or other health care providers that take place during normal working hours may be claimed.

Time from an employee's CTO bank may be transferred into the employee’s Sick Leave Reserve (SLR) bank. Sick Leave Reserve time, however, cannot be transferred to CTO. Employees must call in if they are going to be absent from work. Doctor's notes may be required.

SLR Pay-Out

Sick Leave Reserve has no cash value.

4.4 Holidays

There are two types of holidays: Regular Holidays and Floating Holidays. The eligibility and usage of each differs according to the guidelines below. When a holiday falls on a Saturday it is observed on the preceding Friday. Holidays falling on Sunday are observed on the following Monday.

Regular Holidays

Regular holidays include New Year's Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day, and up to 4.5 additional days associated with Christmas and New Year's Day. The regular holiday schedule will be made available to the college community by Human Resources in the fall. The intent of holiday pay is to maintain staff members' regular pay when their schedule is impacted by office closure due to Regular Holidays.

Eligibility: Full-time employees and part-time benefits eligible staff are eligible for Regular Holidays.

Administration: Eligible staff will receive holiday pay for the designated regular holidays that fall on their regularly scheduled days of work. For example, staff members whose regular schedule does not include Friday are not paid for the Friday after Thanksgiving. To do so would effectively pay those staff members more than they would earn in a typical week.

Floating Holidays

Floating holidays include Memorial Day, Independence Day, and Labor Day. Each department will establish the use of floating holidays based on operational needs.

Eligibility: Full- and part-time benefits-eligible staff are eligible for floating holidays.

Administration: In offices that remain open on floating holidays, managers will work with staff to ensure adequate staffing. If a regularly scheduled staff member takes the day off, CTO will be used. Staff members who work will be paid for the day, and the CTO may be used at another time. In offices that close on floating holidays, scheduled staff typically do not work and will take CTO for the day. Managers must approve exceptions in advance.

Holiday Premium Pay

The purpose of holiday premium pay is to provide additional compensation to non-exempt staff members who are required or volunteer to work on designated regular holidays. When non-exempt staff members work on a designated regular holiday, they receive holiday pay at time and one half their regular rate of pay for each hour worked.

Example: A staff member who earns $10 per hour and works 8 hours on Thanksgiving Day receives $200 for the day.
   8 hours Holiday Pay @ $10 per hour = $80
   8 hours of time and one half ($15 per hour) = $120

4.5 Staff Parental Leave Policy

Benefits-eligible employees with one year of service are eligible for up to three weeks of paid leave for the birth or adoption of a child. Adopted children must be under 18 years of age. In order to receive paid leave, employees must meet eligibility requirements prior to the date of birth or adoption.

Parental leave may be used pre- or post-birth or adoption and will be applied to the 12 weeks of leave allowed under the Family and Medical Leave policy. Paid leave must be taken within one year of the birth or adoption.

In compliance with Equal Employment Opportunity Commission (EEOC) guidelines, "disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom are, for all job-related purposes temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment." This principle ensures that pregnant employees will be in no worse and no better position with regard to job related practices and benefits than employees similarly situated suffering from other disabilities. The determination of the length of time an employee will require for leave because of pregnancy and childbirth is a medical decision between the woman and her physician, to be treated in the same way as other sick leave, in compliance with the provisions of Vermont law.

4.6 Family & Medical Leave

FMLA Procedure

In compliance with the Family and Medical Leave Act of 1993 (FMLA) and the Vermont Parental Leave Act, the College grants up to twelve weeks of unpaid leave to an eligible employee during a rolling 12 month period. FMLA leaves of absence can be granted for the following reasons:

• The birth of a child and in order to care for that newborn child, within one year of the birth.
• The placement of a child for adoption or foster care, within one year of the initial placement.
• To care for a spouse, domestic/civil union partner, child, parent, or parent-in-law with a serious health condition.
• To respond to a medical emergency involving the employee's child, stepchild, foster child, or ward who lives with the employee, or the employee's parent, spouse, domestic partner/civil union partner, or parent-in-law.
• The serious health condition of the employee that renders the employee unable to perform the essential functions of his or her position.
• Any “qualifying exigency” arising from a spouse, son, daughter, or parent’s active military duty or notice of an impending call to active duty.*

The FMLA also allows up to 26 weeks of unpaid leave during a rolling 12 month period:

• To care for a spouse, son, daughter, parent or nearest blood relative injured while on active military duty.

This policy is designed to offer assistance by providing job-protected leave to eligible employees for certain family and medical reasons. The leave may be unpaid, paid, or a combination of unpaid and paid depending on the circumstances as specified in this policy.

* Though the Department of Labor has not yet issued a definition of “any qualifying exigency,” the College will provide this leave according to the spirit of the law.

4.7 Jury Duty

The College encourages employees to accept their civic responsibility if they are called for jury duty. All full- and part-time employees, excluding temporary employees, will be paid for time off for required jury duty. The employee's status at the College will remain the same and all benefits will continue.

When called for jury duty, the employee must notify the supervisor and provide subsequent notification of jury duty related absences. The College will continue to pay the eligible employee for scheduled hours missed due to jury duty. Whenever employees are released from jury duty for partial or full days, they are expected to report for work at the College. An employee's time record must accurately reflect jury duty service.

4.8 Military Reserve

A military leave of absence is granted to employees to attend scheduled drills or training or if called to active duty with the United States armed services.

Middlebury College offers a pay differential to those eligible employees who have been called to active duty in addition to their reserve obligation (one weekend per month and two weeks per year).

To be eligible to receive this benefit, the employee must be a full-time employee who has satisfactorily completed the three-month provisional period with the College; provide the College with advance notice of impending service unless precluded by military necessity; and submit a copy of his or her military leave and earnings statement for the covered period.

4.9 Bereavement

If employees need to take time off because of the death of an immediate family member, they must notify the supervisor immediately. Paid or unpaid time off will be granted to allow employees to make any necessary arrangements and attend the funeral. Full- and part-time benefits-eligible employees may receive up to three days of paid bereavement leave for each death.

Bereavement pay is based on the pay employees would have earned had they worked the day(s) of their leave.

Employees will receive approval of bereavement leave as long as there are no unusual operating requirements. Any employee may, with the supervisor's approval, use available paid leave for additional time off.

Immediate family includes the employee's spouse/ domestic partner/ civil union partner, parent, child, sibling, the employee's child's spouse, parent in-law, brother and sister-in-law, grandparents and grandchildren, and other relatives residing in the employee's household.

4.10 Personal Leave of Absence

Occasionally staff employees may wish to take time off in excess of normal vacation time and/or available CTO, for personal reasons*. In such instances, employees may apply for a Personal Leave of Absence (LOA). Personal LOAs are discretionary and require approval from both the employee’s manager and from Human Resources. The minimum duration is one full pay period, and a Personal LOA may not exceed one year in duration. (Managers may, at their discretion, approve shorter absences without undergoing the formal Personal LOA process).

During an approved Personal LOA an employee will be paid no earned time (regular pay). Certain employee benefits may be negotiated with Human Resources during the approval process. These include:

• whether or not the employee will continue to be eligible for employee benefits during the LOA;
• if benefits continue, whether the employee will pay the employee-only portion of the cost or the full cost of the benefit;
• if applicable, how the employee will pay for the benefits during the LOA (i.e. pre-pay, pay-as-you-go, etc.); and
• whether or not the employee will be required to use accrued CTO time during the LOA (this is typical).

In order to request a Personal LOA, employees should contact the Human Resources office to initiate the application process.

Non-exempt and exempt employees on approved Personal LOAs do not accrue CTO time on the unpaid portion of the leave. CTO will accrue only on CTO hours used during the leave.

During an approved Personal Leave of Absence, employees have the same job protection afforded active employees.

* Employees needing time off for medical reasons or to care for a family member with a serious medical condition should refer to the Family and Medical Leave Act policy.

4.11 Weather Emergencies

Extreme weather emergencies may arise throughout the year; however, the College must continue to provide all services regardless of the weather. When the College administration determines that weather conditions pose a significant hazard to the safety of its employees, it may authorize non-essential staff to arrive late, leave early, or remain at home. While the College does not normally close, employees must use good judgment in assessing the impact of the weather on their commutes. The Emergency Information Line (802.443.2500) will have recorded information announcements in the case of emergency.

4.12 Release Time

Release time may be approved by the president or his designee, in order to allow staff to attend certain campus-wide events. If release time falls during an employee's regularly scheduled hours it is considered regular paid time. If release time falls during a time when an employee is not scheduled to work, he or she may choose to attend the event, but the time is unpaid.