Leaves of Absence

Annual Vacation

All those classified by the University as an employee, other than student employees, have a normal work schedule of at least 50% of a full-time schedule, and have an appointment of nine months or more duration, will benefit from the American University of Myanmar® (“AUM” or the “University”) Annual Vacation Plan, which guarantees a minimum of 20 days’ annual vacation accrued on a monthly basis (e.g., 20 days annual is accrued 1.67 days per month until 20 days per year is reached) with the maximum annual accrual not exceeding the terms of the employment contract.  Note that an employee can only take accrued annual leave.  Vacation should be taken to avoid conflicts with academic terms and the needs of units.  Permission for taking annual leave must be secured from the employee’s supervisor 4 weeks in advance using the AUM Vacation Request form and may not be taken during academic terms without the permission of the Rector.

University Holidays

The American University of Myanmar® recognizes all official Myanmar government holidays, a list of which is listed elsewhere on the AUM website.

Paid Sick Leave

All employees are automatically provided with 3 days of paid sick leave annually – accrued on the first day of employment and then again on the anniversary of the first day of employment.  In addition, employees accrue sick leave as specified below.  Paid sick leave allows continuation of base salary plus benefits when an eligible staff member is required to be absent from work because of illness or medical conditions. It is expected that those with contagious conditions will refrain from coming to work until advised by their health care provider.

Accrual

Additional paid sick leave is accrued based on an employee’s regularly scheduled hours of work. A full-time employee accrues additional sick leave at the rate of one-half day per completed month of service up to six days in each calendar year.  A part-time employee accrues sick leave on a pro-rata basis.  The maximum number of paid sick leave that can be accumulated during an employee’s employment with the University is 30 days.  Note that an employee can only take accrued sick leave. Sick leave benefit is not cashable and employees leaving the university will not be offered payment in lieu of unused sick leave.

Notification

An employee or his or her designee should notify his or her supervisor as soon as he or she knows that he or she will be unable to work, but no later than the starting time of the employee’s work day. An employee must notify his or her supervisor on each day of absence unless other arrangements have been made. Failure to provide proper notice may result in disciplinary action.

Usage

When an employee has been out on sick leave for more than three (3) consecutive work days, he or she is required to submit documentation from a health care provider certifying the medical necessity for the absence and the expected date of return to work.  Sick leave may be used for illness or injury of the employee and for doctor or dentist appointments when it is not possible to schedule them during non-working hours. Sick leave used for health care provider appointments, which are not medically urgent, should be scheduled in advance and outside of teaching hours, as far as possible and the supervisor should be notified in advance of the absence.  Sick leave is provided only for the reasons stated in this policy and may not be used for other purposes. Sick leave may not be advanced.  A supervisor may request a doctor’s note certifying the medical necessity for an absence.  If the employee has taken more than three days of sick leave and/or has suffered from a contagious condition he or she may be required to submit a return to work note from the treating physician prior to reporting back to the workplace.  The University reserves the right to require that the staff member submit to examinations by a health care provider of the University’s choosing for continuation of payments under this policy.

Position/salary continuation

An employee who properly uses the provisions of this policy is entitled to return to his/her position without reduction in salary or loss of service credit. However, if an employee has exhausted all available sick leave, his or her employment may be subject to termination unless he or she qualifies for and receives a leave of absence without pay.  Note that a leave of absence without pay is subject to the approval of the employee’s supervisor and the Human Resources officer.  The university will continue to pay benefits for employees on paid sick leave. For approved unpaid medical leave, the continuation of university paid-for benefits requires approval of the Human Resources officer and may be limited in duration.  Employees should consult Human Resources to learn about the possibility to continuing with the benefits at their own expense. Normally employees returning from medical leave will be reinstated to the same or an equivalent position, with equivalent pay, benefits and other terms and conditions of employment. Failure to return to work once all paid leave and approved unpaid leave have been exhausted may result in termination of employment. However, at times, the University may restructure due to changing business and operational needs and the need to continually enhance programs and services. These restructuring initiatives may result in position discontinuations, even positions held by employees out on leaves. If a staff member on leave has his or her position discontinued normal discontinuation procedures will be followed, as per the University Policy.

Maternity and maternity-related medical leave

University employees are entitled to paid leave with benefits for a maximum of six weeks due to their pregnancy, childbirth, miscarriage, abortion, or other related medical conditions.  In addition, the Family and Medical Leave Act (“FMLA”) of 1993 grants an eligible employee up to 12 weeks of unpaid leave including continuation of medical insurance for a variety of reasons including “to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care.”  (See paragraph VIII for additional information about FMLA).

The University reserves the right to require a doctor’s certification of the pregnancy, childbirth, miscarriage, abortion, or other related medical conditions prior to granting the paid maternity leave or proof of the birth, adoption or foster care placement prior to granting unpaid Family and Medical Leave.  If possible, employees requesting time off for reasons associated with pregnancy and childbirth must notify their supervisor three months prior to the anticipated date of the leave. Employees are encouraged to follow professional advice concerning the length of time worked during pregnancy and the appropriate time to resume work after childbirth or related medical conditions.  Employees taking paid or unpaid leaves pursuant to this section of the policy will be entitled to return to their previous position.

Furthermore, in accordance with Delaware law, the American University of Myanmar® will accommodate employees whose ability to work is limited by pregnancy, childbirth, lactation, and related conditions so long as the accommodation does not cause an undue hardship on the University.  Accommodations may include providing more frequent or longer breaks, modifying a no-food-or-drink policy, and providing periodic rest, light-duty assignments, temporary transfer to alternative position, a modified work schedule or job responsibilities, and appropriate facilities for expressing breast milk.

Bereavement

Regular employees are provided with paid time off for making arrangements, settling family affairs, bereavement, and/or attending the funeral or memorial service of a member of the immediate family. The University reserves the right to require documentation of the death (e.g., death certificate, obituary, documentation from funeral home).  Time off for death in the family is arranged by notifying the employee’s immediate supervisor.  A maximum of three (3) days off with pay is permitted upon the death of a regular employee’s:

spouse or partner,
child,
brother or sister,
parent or guardian,
grandparent,
grandchild,
aunt or uncle,
son-in-law or daughter-in-law,
mother-in-law or father-in-law, or
brother-in-law or sister-in-law.

This three (3) day allowance also applies to the above-listed relatives of the employee’s partner.  Direct step relations are included in this category.  The allotted days off with pay have to be consecutive.

Military Leave (US citizens only)

The University grants up to five (5) cumulative years of time off without pay for U.S. citizen employees who are called to or volunteer for active military duty in accordance with US guidelines. The University is committed to returning the employee to active University status in the same or comparable position and salary at the end of the military leave if the employee meets certain conditions as outlined below.

Purpose of policy

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects job rights and benefits for veterans and members of the reserves.  USERRA apply to all US employers regardless of size. The law protects all persons serving in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service commissioned corps, and the reserve components of these services and the National Guard.

Time off with pay for military reserve duty

All employees who are members of the National Guard or a reserve component of the United States Armed Forces, including the Coast Guard and Public Health Service Commission Corps, will be granted time off with pay for annual military duty provided the duty is obligatory to maintain military status.  The maximum paid time allowed for annual duty is ten (10) work days per calendar year. Any period of time spent on military duty in excess of the maximum paid time allowed may be taken as a leave without pay.  A request for time off for annual military duty should be made to the Employee’s immediate supervisor at least two (2) weeks in advance of the duty. The request should include the dates of departure and return, and should be accompanied by a copy of the official orders.  The Employee will be asked to provide a copy of official orders for leaves exceeding thirty (30) days in duration.

Receiving compensation for annual military reserve duty

During the ten (10) day military pay period, if military pay is less than University pay, the University pays the difference for the maximum paid time allowed for annual duty (ten (10) work days).  Military pay consists of base pay, plus allowance for longevity, subsistence, quarters and dependents, plus pay for sea, flight, foreign, and hazardous duty.  Military pay does not include reimbursement for travel expense.  To receive pay from the University during the ten (10) military pay period, the Employee must furnish a certified statement of the military pay and allowances for the time off.  After the annual maximum paid time for duty of ten (10) days is exhausted, employees may elect to take an unpaid leave of absence during the period of military leave.  During the paid military leave period, the employee’s insurance will continue in effect on the same basis as an active employee.  Employees who continue military duty after the paid military leave period may elect to continue their University insurance benefits at their own expense. Employees should contact the Human Resources Officer prior to departure regarding benefits continuation.  During the paid military leave period, the employee will continue to accrue vacation and sick days.

Time off without pay for active military duty

Unpaid leave will be granted for voluntary or involuntary service in the uniformed services, provided the cumulative length of the absence from work and all previous absences from work by reason of service in the uniformed services from the University does not exceed five (5) years, unless an additional period of service is required by the US government.  The five-year cumulative total does not include inactive duty training (drills), annual training, involuntary recall or retention on voluntary or involuntary active duty in support of war, national emergency, or certain operational missions or training or retraining requirements.  For all eligible employees who commence leave for active military duty or training, the University will grant military leave for 10 workdays per year.  After the maximum 10 calendar days is exhausted, the employee may elect to take an unpaid leave of absence.  During the leave without pay, there is no accrual of sick days or vacation days. Military time will be counted toward any benefit where length of service is considered in the calculation of time off benefits, assuming the employee returns to employment within the required period of time following the end of military leave, as described herein.  Time while on military leave is counted as service in determining eligibility for those benefits that are dependent upon length of service, again, assuming the employee timely returns to employment following the end of military leave.  Unless circumstances do not permit, the employee must contact the Human Resources officer to arrange for payment of benefits if he or she wishes to continue participation in the University insurance after the first ten (10) days of military duty. If an employee elects to continue participation in these benefits, he or she will be billed directly for the benefits. If an Employee does not choose continuation of coverage, benefits will be reinstated, with no waiting period, immediately upon a timely return to work.

Notice

Unless precluded by military necessity or circumstances under which the giving of notice is otherwise impracticable or unreasonable, the employee (or an appropriate officer of the uniformed service in which the employee is to serve) must give as much advance written or oral notice as possible of the need for military leave.

Reemployment

The University is committed to reinstating returning employees to active status in the same or comparable position and salary at the end of the leave if they meet the following criteria:

The employee had been employed in a regular staff position and would not have been subject to position discontinuation if employment had not been interrupted by military service;

The employee gave notice to the University prior to leaving, unless precluded by military necessity or to do so would have been impracticable or impossible;
The cumulative period of active service did not exceed five (5) years, excluding certain services required by, among other things, a declared war or national emergency;
The employee was not discharged from the military under other than honorable terms;
The employee reported back to the civilian job in a timely manner.
Application for reinstatement must be submitted not later than 90 days after completion of military duty. The deadline for reinstatement may be extended up to two (2) years for employees who are disabled or convalescing due to an injury incurred or aggravated as a result of military duty; and
Circumstances have not so changed as to make such reemployment impossible or unreasonable and do not impose an undue hardship on the University.

The University may request that the Employee present a certificate of discharge or release from active duty under honorable conditions.

Replacement hire for employee on military leave

The University may hire a replacement while an employee is on military leave. The replacement is a term appointment and the offer letter from the hiring officer must clearly state the term of the appointment. The replacement worker may be eligible for benefits depending on the type and length of the assignment. The offer letter must clearly state the terms and conditions of employment and that the position will end upon the return of the employee on leave. Upon return of the employee from military leave, the replacement worker’s employment with the University will cease.  Many issues may arise concerning your rights during military leave. This policy does not, and cannot, address all such issues. If issues arise that are not addressed in this policy, the University will abide by USERRA. Should you have any questions or require further information, please consult the Human Resources officer.

Time Off for Jury Duty and Court Appearance with Pay

Employees are encouraged to serve on jury duty and fulfill their court-related, civic obligations. The University provides regular employees paid time off to do so without change in status or loss of pay.  Individuals appearing in court on their own behalf are required to use vacation days.  The employee should notify his or her supervisor upon receipt of a summons or subpoena.  Individuals summoned for jury duty or appearing as subpoenaed witnesses are expected to work during normal working hours whenever court is not in session or when their presence in court is not required.  An employee called for jury duty, subpoenaed or requested by University attorneys to appear in court as a witness to testify when the testimony covers his or her job duties will be paid his or her regular rate of pay upon submission of the summons or subpoena from the court, if applicable.  The employee may keep any expense monies or statutory witness fee allotted to him or her for such court service.

Family and Medical Leave Act of 1993

The Family and Medical Leave Act (“FMLA”) grants an eligible employee up to a total of 12 workweeks of unpaid leave in any 12-month period:

To care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;

To care for a seriously ill family member (spouse, son, daughter, or parent) (Note: Son/daughter means a child under the age of 18 or a child over the age of 18 with a mental or physical disability as defined by the American Disabilities Act;

To recover from a worker’s own serious illness;

To care for an injured service member in the family; or

To address qualifying exigencies arising out of a family member’s deployment.

The FMLA grants an eligible employee twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

The employee’s medical insurance coverage will be continued during the leave.  The FMLA requires that employees must have worked for at least 1,250 hours (24 hours per week) during the 12-month period immediately preceding the employee’s FMLA leave to be eligible.  Hours worked for the purposes of the FMLA includes time on any paid leave (e.g., vacation, holiday, sick, maternity, etc.)  Eligible employees can take up to a total of 12 (26 to care for covered service members) workweeks of unpaid leave in any 12-month period.

The American University of Myanmar permits employees who are employed at least 24 hours per week and have not yet met FMLA eligibility requirements to take up to a total of 12 workweeks of unpaid leave without medical insurance coverage to care for a new child.

Leaves of Absence without Pay

Leaves of absence without pay for reasons other than the FMLA, military service or to engage in scholarly research will be considered on a case-by-case basis, and will be up to the discretion of the employee’s supervisor subject to the approval of the Rector. The university will not cover the cost of benefits (except medical insurance in the case of FMLA leave) during unpaid leaves. Employees may consult with the Human Resources department regarding the possibility of maintaining benefits at their own cost.

Record-keeping

Faculties and administrative units are responsible for maintaining accurate leave records for employees and for reporting accurate leave time to the Office of the Chief Financial Officer.

Types of paid leave

Sabbaticals, Maternity, Death in the Family, Jury Duty, Military Leave with Pay, Sick Leave, University Recognized Holidays, Vacation

Types of unpaid leave

Leaves of Absence without Pay to Engage in Scholarly Research, Leave of Absence without Pay, Military Leave without Pay, FMLA Leave without Pay

 

Adopted 16 May 2015, by the Board of Trustees

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