Administrative and Staff Employee Leaves
1. PURPOSE
This policy establishes a consistent practice for providing various types of leaves for qualifying Brigham Young University–Hawaii ("BYU–Hawaii" or "university") full-time administrative and full-time staff employees.
2. POLICY
The university provides various paid and unpaid leave benefits for all full-time administrative and full-time staff employees.
3.Implementation
3.1 Definitions
3.1.1 Regular Full-time
Regular employees required to work 40 hours a week and are eligible for benefits.
3.1.2 Regular Part-time
Regular part-time employees cannot exceed 20 hours for four weeks or more in a row and are not benefit eligible. The most common pattern of hours is 30/30/30/19 hours.
Interns are a subset of regular part-time employees. They are recent graduates, often on a visa, that are hired for a period of time and to a job in that student’s field of study.
3.1.3 Temporary
Anyone that is hired under contract for a certain period of time is a temporary employee. They are not eligible for benefits and cannot exceed 20 hours for four weeks or more in a row.
3.1.4 Student Employee
Student employees are full time students at the university. They cannot exceed 19 hours per week and are not benefit eligible.
3.2 PAID LEAVES
3.2.1 Vacation
The university provides paid vacation leave benefits for all full-time administrative and full-time staff employees. Upon hire, employees will be granted 40 hours of vacation time. During the first year, non-exempt employees accrue 2.154 vacation hours per pay period, and exempt employees accrue 5.667 vacation hours per pay period. After their first anniversary date, employees then accrue vacation time at a rate reflected in the table below. No more than 176 vacation hours will be allowed to carry-over into the next year; anything in excess of this amount will be forfeited. Should an employee decide to take vacation immediately prior to terminating their employment or retiring from the university, the employee must be physically at work on their last day of employment or get approval from the Human Resources director. For exempt employees, vacation time must be entered in half-day or full-day increments.
NON-EXEMPT VACATION SCHEDULE
| Years of Service | Vacation Days Per Year | Hours Per Pay Period | Pay Period Hours (26) |
| 0-3 | 12 | 3.7 | 96.2 |
| 4-7 | 15 | 4.62 | 120.12 |
| 8-11 | 18 | 5.54 | 144.04 |
| 12+ | 22 | 6.77 | 176.02 |
EXEMPT VACATION SCHEDULE
| Vacation Days Per Year | Hours Per Pay Period | Pay Period Hours (24) |
| 22 | 7.34 | 176.16 |
3.2.2 Sick Leave
Upon hire, full-time administrative and full-time staff employees will be granted 40 hours of sick leave. During the first year, non-exempt employees accrue 2.154 sick hours per pay period, and exempt employees accrue 2.3333 sick hours per pay period. After their first anniversary date, employees will then accrue eight hours of sick leave for each month worked. Sick leave accrued cannot exceed 480 hours. Employees may not take sick leave prior to it being earned. Sick leave may be used for illnesses and preventative care (e.g., doctor appointments) of an employee and members of the employee's immediate family. Sick leave may also be used when the employee cannot or should not work upon medical advice (including maternity). Sick leave does not cover absences that occur as a matter of preference rather than from medical necessity. For the purposes of this policy, an immediate “family member” is defined as a spouse, child, sibling, parent, parent-in-law, grandparent, grandparent in-law, and reciprocal beneficiary (i.e., foster child, guardianship). For exempt employees, sick leave must be taken in half-day or full-day increments.
NON-EXEMPT SICK LEAVE
| Monthly Accrual | Per Pay Period |
| 8 | 3.69 |
EXEMPT SICK LEAVE
| Monthly Accrual | Per Pay Period |
| 8 | 4 |
3.2.3 Sick Leave Assistance
Eligible administrative and staff employees may participate in the sick leave assistance program. Through this program, full-time administrative and staff employees may donate vacation days to other eligible employees who have exhausted all accrued vacation and sick leave due to serious illness or medical emergency. This program may be applied only to time off for the sickness of the employee. This does not apply to time off for the care of family members.
3.2.4 Bereavement Leave
In the event of the death of a family member, regular full-time employees are granted paid time off to grieve, attend funeral and/or to make funeral arrangements or memorial service of relatives. Time off for a death in the family must be arranged and approved by the employee’s immediate supervisor. The university reserves the right to require documentation of death (e.g., death certificate, obituary, etc.). The quantity of funeral leave offered varies depending on the relationship of the deceased relative to the employee.
| Family Relationship | Bereavement leave Benefit |
| Spouse or child | Up to 8 days |
| Parent or grandchild (including step or in-law) | Up to 4 days |
| Any relative who at death was living in the employee's home | Up to 4 days |
| Pregnancy loss (see section 3.25 below) | Up to 4 days |
| Sibling or grandparent (including step or in-law) | Up to 3 days |
| Uncle, aunt, first cousin, nephew, or niece (including step or in-law) | 1 day |
3.2.5 Bereavement Leave for Pregnancy Loss
BYU–Hawaii acknowledges the profound impact of pregnancy loss on our employees and their families. All full-time employees (including spouses), who have been affected and experiencing a pregnancy loss after 19 weeks of gestation, are entitled to paid bereavement leave. This paid benefit should be used within 30 days of the pregnancy loss. Employees are required to notify their immediate supervisor or the Human Resources department as soon as possible following the pregnancy loss. A medical certification is required to substantiate the request for paid bereavement leave.
3.2.6 Jury Duty
Eligible full-time employees called to jury duty or subpoenaed as witnesses will receive time off to perform this service. Eligible full-time university employees will receive full pay for the time they are absent from work for jury duty or as subpoenaed witnesses. They may also keep any compensation paid to them by the court. Full-time university employees appearing in court as a voluntary witness, plaintiff or defendant in court action do not qualify for jury duty leave. Employees are required to provide the court attendance slip to their supervisor/manager.
3.2.6 Disability (Temporary or Long-term)
Temporary Disability Insurance (TDI)
TDI is a Hawaii state-mandated benefit program available to all non-student employees who are unable to work because of a non-work-related illness/injury, including pregnancy. To be eligible for TDI, an employee must have worked at least 14 weeks of Hawaii employment at 20 hours a week or more and earned not less than $400 in the 52 weeks immediately preceding the first day of disability. The 14 weeks need not be consecutive nor with only one employer to be eligible.
Short Term Disability (STD)
Short Term Disability (STD) is a benefit program offered, at no cost, to all full-time, fully benefited employees who are unable to work because of non-work-related illness/injury. The STD benefit pays two-thirds of an eligible employee’s salary. Approved STD benefits will begin after a waiting period of seven consecutive days from the last day worked and end on the 45th calendar day from the last day worked. Time off taken under STD will count against leave provided under the Family and Medical Leave Act (FMLA), and STD, TDI and FMLA will run concurrently.
Long Term Disability
Long Term Disability (LTD) is a Deseret Mutual Benefits Association (DMBA) disability program, for which eligibility is determined through an application process. If the application is approved by DMBA, disability benefits will begin after a waiting period of 45 consecutive days from the last day worked. An employee may use vacation and sick leave to supplement disability pay. Time off taken under LTD will count against leave provided under the FMLA, and both LTD and FMLA leaves will run concurrently.
3.2.7 Parental Leave
The university provides six weeks of paid leave to full-time administrative and full-time staff employees for the birth of the employee’s child or for placement of a child with the employee for adoption or foster care on or after January 1, 2023. The purpose of parental leave is to provide time for parental bonding with newborn children, newly adopted children, or children placed in foster care. Parental leave must be completed at any time within the first 12 months following the birth, adoption, or foster placement of the child. In the event of an adoption, leave must be completed within the first year after the placement of a child in the home, regardless of the date of adoption finalization. If desired, parental leave may be divided into two increments of three weeks each. Parental leave for multiple foster placements may be divided into increments of fewer than three weeks but is limited to a total of six weeks annually. Parental leave is in addition to medical maternity leave, and an employee who qualifies for both may take a total of 12 weeks’ leave in the 12-month period immediately following childbirth. Parental leave does not apply in the event of a miscarriage or stillborn child. If the employee is eligible for unpaid leave under the FMLA and/or Hawaii Family Leave Law, FMLA leave, and/or Hawaii Family Leave Law will run concurrently with parental leave. All requests to extend parental leave that are not protected by FMLA or state law will be considered in light of current staffing needs. (See below for a description of FMLA.) Employees are expected to return to their normal duties and responsibilities for at least one year immediately following parental leave or repay the salary and benefits used during the leave. Generally, at least one year should pass from the end date of the last parental leave before an eligible employee qualifies for another parental leave.
3.2.8 Medical Maternity Leave
- The university provides full-time, benefited female administrative and staff employees six consecutive weeks of paid maternity leave immediately following childbirth. This benefit is available upon hire. The purpose of maternity leave is to allow the employee to recover from childbirth; consequently, it does not apply to adoption or foster care of a child. If the employee is eligible for unpaid leave under the FMLA, FMLA leave will run concurrently with medical maternity leave. All requests to extend medical maternity leave that are not protected by the FMLA or state law will be considered in light of current staffing needs. (See below for a description of FMLA.)
- If a holiday falls within the maternity leave period, it is taken concurrently and is part of the total leave period.
- Adoptive mothers are not eligible for medical maternity leave; however, they are eligible for parental leave as described above.
- Employees are not required to return to work after the birth to receive the maternity leave benefit. If an employee chooses to terminate her employment after giving birth, she is still entitled to the maternity leave benefit but not parental Leave.
3.3 LEAVES WITHOUT PAY
3.3.1 Federal Family Medical Leave Act (FMLA)
In accordance with the FMLA, BYU–Hawaii provides eligible employees up to 12 weeks of unpaid, job-protected leave in any rolling 12 consecutive-month period for specified family and medical reasons, including:
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Alternatively, eligible employees are entitled to twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Eligibility – Employees are eligible for FMLA leave if they have worked for BYU–Hawaii for a minimum of 12 months and have worked at least 1,250 hours in the 12-month period immediately preceding the leave. All employees should work through their line management and their respective VP to complete the appropriate approval documentation. Human Resources will provide assistance with FMLA leave requests.
3.3.2 Hawaii Family Leave Law
In accordance with the Hawaii Family Leave Law, BYU–Hawaii provides eligible employees up to four work weeks of unpaid leave in any calendar year for the birth of a child of the employee or the adoption of a child, or to care for the employee’s child, spouse, sibling, grandchild, or parent with a serious health condition.
Eligibility – To be eligible for Hawaii Family Leave benefits, an employee must have worked for at least six consecutive months with the university. All employees should work through their line management and their respective VP to complete the appropriate approval documentation. Human Resources will provide assistance with Hawaii Family Leave requests.
If an employee qualifies for both FMLA and Hawaii Family Leave, both leave periods will run concurrently.
3.3.3 Military Leave
The university will provide unpaid Military Leave, including National Guard and Reserve duty, consistent with applicable federal and state law, including the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Where reasonably possible, employees must give advance notice that they will be taking a Military Leave of absence. For full-time employees, the university will pay an employee the difference between his/her military base pay (not including allowances) and his/her university salary for up to 10 days each calendar year. To be eligible for such payment, the employee must submit a receipt or certification of his/her military pay to Human Resources. An employee may also use his/her vacation time for the purpose of military duty.
The university will provide reemployment rights as stipulated by USERRA.
3.3.4 Mission and Temple Service
Mission President/Temple Presidency – BYU–Hawaii grants leave to employees called to serve as mission presidents or members of a temple presidency. The university will also grant leaves to employees whose spouses are called to serve in the capacity of a mission president or a member of a temple presidency. Employees will continue to receive vesting and benefit credit under their respective retirement plan while on leave. The university may reemploy full-time persons returning directly from such leaves, although there should be no expectation that the person will be reemployed in the same position or compensation that he or she held before the leave.
Missionary Service – If approved, university employees may take leave without pay for missionary service. Employees will not continue to receive vesting and benefit credit under their respective retirement plan while on such leave. The university may reemploy full-time persons returning directly from such leaves, although the university does not guarantee reemployment in the same position or compensation.
3.3.5 Personal
If approved by their manager, eligible full-time employees may take personal leave without pay only for the minimum period necessary. Approved personal leave will not usually extend beyond three months.