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Employee Handbook
Table of Contents

1 - Purpose of the Employee Handbook

2 - Facts about Macalester

3 - Staff Employment

4 - Staff Wage and Salary Plan

5 - Staff Training and Development

6 - Faculty Personnel Policies and Procedures

7 - Curricular Policies and Procedures

8 - Academic Department and Program Policies and Procedures

9 - Faculty Professional Activities Programs

10 - Faculty Directory, Officers and Committee Memberships

11 - Employee Benefits

12 - Community Standards and Additional College Policy Statements

13 - Health and Safety

14 - HIPAA Policies and Procedures

Handbook Index

Faculty Constitution and By-Laws

11.10 Leaves from Work

The College provides eligible employees with leaves for a variety of family and medical reasons. The following discussion summarizes the College's leave policies in a way that the College hopes will be generally helpful. However, leaves are subject to a complex set of requirements imposed by federal and state law that cannot be thoroughly discussed here. In some cases, the College provides leaves that are more generous than what the law requires.

Leaves from work take various forms, either with or without pay. A leave from work may be granted only when a staff member submits a request to his or her supervisor within a reasonable time in advance of the desired leave, or, in the case of medical disability or emergencies, as soon as possible after the disability or emergency occurs. All parental, personal, and educational leaves must be approved in advance by the Employment Services Department for Staff and by the Provost Office for Faculty. All leaves (with and without pay) must be reported on a timecard or monthly time report.

If an employee will be out for medial reasons for three or more days, the employee must complete a leave request form and provide medical certification.

Employees eligible for paid leaves (regularly scheduled to work 15 hours or more per week on a regular appointment) but working less than 38.75 hours per week will have leave pay prorated.

All leaves are granted for a specific period of time. An employee who foresees being unable to return to work at the end of the leave period should apply for any other leave for which the employee is eligible, including an extension of the current leave. Employees approved for leave of absence by the college are prohibited from working another job in the same capacity while on approved leave. Employees who abuse leave lose the rights to leave and can be disciplined up to and including discharge. The employment of any employee who does not return to work at the end of an approved leave period, including any extensions, will be terminated as of the date the leave ends.

11.10.1 Leaves With Pay

All benefit coverage continues for leaves with pay.

Paid Parental Leave - Faculty

Macalester College offers eligible faculty members who are assuming primary care of a new dependent child three options for paid parental leave. These options are described below. Eligibility extends to (a) all full-time tenure-track or tenured faculty members, (b) all full-time non-tenure track faculty members who have taught at the College for a minimum of two years and who have a minimum of two years remaining on their contracts; and (c) all part-time faculty with appointments over one-half time who have worked continuously at the College for more than two years.

Option A: Up to six weeks leave at full pay with full teaching responsibilities for the remainder of the academic year. The leave would begin when the faculty member desires but not more than six weeks after the birth or adoption of a child.

Option B: One semester leave, with full teaching responsibilities (at least two courses, or eight semester hours) for the remainder of the academic year. Pay for the year will be at two-thirds annual salary.

Option C: A one course release. The faculty member may choose to teach the remaining courses according to a 2-2, 3-1, or 1-3 schedule, and will receive full pay for the year. In the case of a new child, the course release must be taken in the semester in which the birth or adoption occurs or in the semester immediately following.

Faculty members eligible for unpaid leave under the Family Medical Leave Act (FMLA) and the Minnesota Parenting Leave Act, and who choose Options A or B above, will have their paid leave run concurrently with the twelve weeks of unpaid leave available under these programs. (See Section 11.10.2 for additional information.)

Pre-tenure faculty members selecting any of the above three options will also have the option of delaying the time of their tenure decision by up to one year. A faculty member electing a paid parental leave option who wishes to delay his or her pre-tenure or tenure decision should optimally notify the Provost at the same time she or he submits confirmation of intent to take a parental leave, but in any case no later the beginning of the semester prior to the one in which his or her pre-tenure or tenure case is scheduled to be reviewed

All faculty members choosing Option A or B will be released from departmental and college service responsibilities during the period of their leave.

A faculty member wishing to take advantage of parental leave should notify the department chair and Provost, optimally prior to the end of the semester immediately preceding the semester in which the leave would occur so that arrangements to cover classes and committee assignments can be made in a timely fashion. The Department Chair and the Provost are responsible for making these arrangements. Faculty choosing Option A or C will be replaced in full; faculty electing Option B will be replaced at least in part.

Parental leave shall count as time in service toward salary determination and eligibility for sabbatical leave. The College's contribution for health, disability, and life insurance premiums shall be paid in full during parental leaves. Retirement benefits will be proportionate to salary earned.

If a female faculty member having elected Option A needs a leave longer than six weeks due to medical complications of pregnancy and/or child birth, she has the right to additional paid leave on the same basis as others with a health-related disability. A female faculty member who is not the primary caregiver may take whatever medical leave her physician determines is necessary following the childbirth.

Only one leave option above may be taken for the birth or adoption of a child, in cases where both parents are Macalester faculty members. Parental leaves of up to one week at full pay during the academic year will be granted to non-primary caregivers immediately following the addition of a dependent.

Short Term Emergency Leave - Faculty

In the event of a short term disability or other emergency leave of fewer than 90 days, a faculty member who has an on-going relationship with the College may continue to receive his or her salary. Arrangements for classes and other responsibilities will be made by the Provost in consultation with the department chair. The College will continue to pay health insurance premiums for eligible employees.

Paid Parental Leave - Staff

Macalester staff members with regular full-time employment who are eligible for other paid leaves are eligible for a paid leave of six weeks after they have been on the payroll for two years if they are the primary care giver for a new dependent. The leave must begin no later than six weeks after: 1) the newborn leaves the hospital, or 2) the adoption of a child. Staff members who have been employed more than one year but less than two years will receive paid leave prorated by their number of months of service. (See "Unpaid Parental Leave" for staff members with less than one year of service.)

If a staff member works less than 12 months annually, he/she is not eligible for paid leave if the birth/adoption occurs after the end of their appointment in the spring, or more than six weeks prior to their appointment period in the fall.

For staff members who are eligible for paid parental leave, additional unpaid leave will also be available for up to 4 months. However, accumulated medical leave may be used during the first twelve weeks of a parental leave. Accumulated vacation leave may be used anytime during the leave, with the remainder of the leave unpaid. All paid leave including parental, medical, and vacation taken during this period, will count toward the twelve weeks of unpaid leave that may be taken under the Family Medical Leave Act. Forms for requesting a leave are available in the Employment Services Department.

A staff member on a parental leave will be assured re-employment based upon his/her regular employment at their current pay and pay grade. The College will make a reasonable effort to allow the employee to return to the position they vacated.

Bereavement Leave

Section 1. After 90 calendar days of employment, an employee shall be entitled to leave with pay for a maximum of five (5) consecutive scheduled work days, per occurrence, in the event of the death of the employee's current spouse, registered domestic partner, father, mother, son, daughter, brother or sister.

Section 2. After 90 calendar days of employment, an employee shall be entitled to leave with pay for a maximum of three (3) consecutive scheduled work days, per occurrence, in the event of the death of the employee's father-in-law, mother-in-law, stepson, or stepdaughter.

Section 3. After 90 calendar days of employment, an employee shall be entitled to leave with pay for a maximum of one (1) scheduled work day, per occurrence, in the event of the death of the employee's former spouse, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, grandmother, grandson, granddaughter, stepfather, stepmother, niece, nephew, uncle or aunt.

Section 4. Payment of bereavement leave may be conditioned upon the employee submitting to the College's Employment Services department satisfactory proof, as determined within the sole discretion of the Employment Services department, of the death of the deceased.

Section 5. Bereavement leave must start within three days (72 hours) immediately following the death of the deceased. Employees are paid at straight-time rates, with no overtime or shift differential, for any regularly scheduled hours missed during the period of the bereavement leave.

Jury Leave

All employees are encouraged to serve when called for jury duty. All employees with regular employment will be kept whole with regard to salary and benefits for up to one month. An employee may endorse the check from jury duty to the College, or the College will reduce the employee's salary/wages by the amount received for jury duty. Benefit coverage will continue uninterrupted. A person serving on a jury is expected to report to his or her department for work during normal working hours when the jury is recessed.

Voting

Staff members are permitted paid leave in the morning usually not to exceed two hours for scheduled state primaries, general elections, and any election of a member of Congress.

Election Judge Leave

All employees participating as an Election Judge will be made whole for wages on Election Day. An employee may endorse the check for election judge service to the College, or the College will reduce the employee's salary/wages by the amount received for being an election judge. Since this is only a one day leave on the day of service, benefits are not affected.

Medical Leave

All full and part-time regular or temporary employees, working a minimum of 15 hours per week, with appointments of greater than six months are entitled to medical leave with pay, provided that there is sufficient medical leave credit accumulated to cover such leaves. Medical leave is accrued at the rate of one day per month worked, and may be carried over from year to year. Medical leave is prorated for part-time employees. Unused medical leave will not be paid out upon termination.

If your employment date is on or before the 15th of the month, you will accrue medical leave for that month. If your employment date is on or after the 16th of the month, you will accrue no medical leave for that month. Medical leave is available for use as earned. Under certain circumstances, your supervisor may request a physician's statement, to include the nature of care being provided, the date the current illness or injury occurred, the date the practitioner first saw the employee and/or the dependent or qualified domestic partner for the current condition, the date when the medical practitioner expects the employee to return to work, and any work restrictions, during any paid medical leave or before allowing you to return to work. Medical leave is to be taken when you are unable to perform your job duties due to illness, injury, or a physical or mental disability. (See also Long Term Disability, Section 5.3). Medical leave should also be used if you may expose fellow employee(s) or the public to a contagious or infectious disease. Physical disability includes pregnancy and any pregnancy-related disability.

Additionally, you may use your accumulated medical leave for the following purposes:

  • For medical/dental appointments during work hours for you or your dependents.

  • To care for your dependent, spouse, or qualified domestic partner who is ill or injured.

  • If you are a non-primary caregiver, upon the birth or adoption of your child (up to 5 days per year) if not medically disabled.

In order to allow coordination of paid sick leave with Federal Leave (FMLA), an employee requesting paid sick leave of more than 3 days, will be required to report such leave to the Benefits Specialist in the Employment Services Department and to provide enough information to allow a determination of whether the leave would also qualify for Federal leave. If the paid sick leave also qualifies for Federal Leave, the employee must take both leaves simultaneously.

Medical leave payment may be used for time off due to an illness or injury covered by the Worker's Compensation Act for the first three days of lost time since worker's compensation salary reimbursement begins after three days of lost time. Employees may not use accrued medical leave to supplement Worker's Compensation payments. See Section 5.16, Worker's Compensation, for more information or contact the Employment Services Department.

Bone Marrow Donor Leave

Employees who work an average of at least 20 hours per week are eligible for up to 40 hours of paid leave to undergo a medical procedure to donate bone marrow. This leave may be taken on an intermittent basis as it is necessary. Employees will be required to provide verification by a physician of the purpose and length of the leave. This leave will not be charged against any other type of leave.

Staff Vacation Leave

All full-time and part-time regular or limited staff employees, .19 FTE or above, with appointments of greater than 180 days, are entitled to and encouraged to use vacation leave annually. Vacations are an important respite for all staff employees, and supervisors will encourage their staff employees to use their accumulated vacation annually. Vacation times are agreed to by the supervisor and may be based on seniority. Official holidays and medical leave are not to be included in the vacation leave.

In order to allow coordination of paid vacations with Federal Leave (FMLA), all employees seeking to take a vacation will be required to provide enough information to their supervisor about the purpose of the vacation to allow a determination of whether the vacation will also qualify for Federal Leave. If the paid vacation also qualifies for Federal Leave, the employee must take both leaves simultaneously.

If you begin employment on or before the 15th of the month, full vacation accrual for that month is given. If your employment date is on or after the 16th of the month, you receive no accrual for that month. Employees with a regular appointment who work more than 15 but fewer than 38.75 hours per week will receive prorated vacation days.

Vacation accrual may be carried over from year to year, but the maximum must not exceed those which may be earned within a 24 month period of work.

If you terminate after less than six months, you are not entitled to be paid for any accumulated vacation days. If you terminate after six months, you will be paid for any accumulated vacation days up to one year's accumulation. Limited employees with appointments of six months or more must take vacation during the temporary assignment (based on total length of appointment).

Staff working less than 12 months must use their vacation during their paid employment period. Staff positions are budgeted for the appointment period only and therefore there are no funds available for paid vacations outside of the appointment period.

Nonexempt Accumulation Rate:

Years of Service

Hours Earned Per Month (Based on 1.0 FTE*)

Maximum Accumulation Hours (24 months of Accrual, based on 1.0 FTE*)
1st Year through 5th Year
9.69 hours per month (1.25 days per month) Vacation accrual can not exceed 232.50 hours in any given month
6th Year through 10th Year
12.87 hours (1.66 days per month) Vacation accrual can not exceed 308.76 hours in any given month
11th Year or greater
15.50 hours (2 days per month) Vacation accrual can not exceed 372.00 hours in any given month

*Accrual is pro-rated based on FTE

  • Vacation accruals in excess of 24 months of accrual are forfeited each month in which the accrual is at the maximum.

  • When claiming vacation, part-time employees are to report claimed vacation in hours.

Exempt Accumulation Rate:

Hours Earned Per Month (Based on 1.0 FTE*)
Maximum Accumulation Hours (24 months of Accrual, based on 1.0 FTE*)
15.50 hours (2 days per month) Vacation accrual can not exceed 372.00 hours in any given month

*Accrual is prorated based on FTE

  • Vacation accruals in excess of 24 months of accrual are forfeited each month in which the accrual is at the maximum.

  • When claiming vacation exempt employee's report in hours rounded down to the nearest quarter hour (i.e. .00, .25, .50, .75). Less then two hours are not reported.

11.10.2 Leaves Without Pay

A leave of absence without pay may be granted to a staff member for several purposes. Many leaves require approval by your supervisor. Returning employees will be reinstated to their original job, if possible, or to a position of like status and compensation. Leaves, except for military, normally will not exceed six months.

A request for a leave without pay for more than three days must be submitted in writing to your supervisor 30 days in advance, when the leave is "foreseeable". The request must be forwarded to the Employment Services Department for final approval. If you are on an approved leave of absence without pay for more than one-half of any month, you will not accrue vacation and medical leave. The College may pay the life and long term disability premiums for some short term leaves. The College will continue to pay the shared cost of the health insurance premiums for parental and medical leaves of up to 90 days for eligible employees. The employee must submit by personal check the employee premium by the monthly due date.

While on an approved leave, you continue to earn service time toward benefits eligibility requirements, but no other benefits, except as described above. After the 90 day period ends, you may continue to remain on your present health plan at your own cost under COBRA. Any benefits accrued prior to your leave will be reinstated when you return. If you do not return at the end of your leave, or are not granted an extension, or have not submitted a letter of resignation to the Employment Services Department, it will be assumed that you have resigned. Failure to return to work may require you to reimburse the College for the cost of health insurance premiums paid during your leave. Notify your supervisor and the Employment Services Department if you plan to return before the scheduled end of your leave.

Family and Medical Leave Act

Employees who have been employed for at least twelve months, and who have worked at least 1,000 hours during the prior twelve month period (.50 FTE) are eligible to take up to twelve weeks of unpaid leave in any twelve month period for a "serious health condition" if medical information certifying the condition is provided to the college. This leave can also be used to care for the spouse, dependent, or domestic partner of the eligible employee, if such an individual has a "serious health condition".

A. Federal Leave

As used in this policy statement, "Federal Leave" means the leave required by the federal Family and Medical Leave Act. Federal Leave is unpaid leave that may be taken for the following reasons:

  1. To care for the employee's newborn or newly-placed adoptive or foster child.
  2. To care for the employee's parent, child, or spouse with a serious health condition.
  3. To care for the employee's own serious health condition.

B. Rules Applicable to All Types of Federal Leaves.

  1. Eligible employees may, in any 12-month period, take a total of up to 12 weeks of Federal Leave for any combination of the three reasons listed above. The 12-month period is a rolling 12-month period measured backward from the date an employee uses any Federal Leave. Although this leave is by law unpaid, the College will require that you substitute paid leave (medial and vacation) for unpaid federal leave.
  2. To be eligible for Federal Leave, an employee must satisfy the following requirements:
    1. The employee has been employed by Macalester College for at least 12 months (not necessarily consecutive); and
    2. The employee has worked at least 1,250 hours for Macalester during the previous 12 months.
  3. An employee must provide Macalester College with at least 30 days notice before a leave is to begin if the need is foreseeable. If the starting date is not foreseeable, an employee must provide as much notice as practicable. If a medical emergency prevents the employee from personally giving notice, someone else (such as a spouse, parent, or adult child) may give notice. Notice should be given to the Benefits Specialist in the Employment Services Department by calling (651) 696-6454.
  4. In general, an employee returning from Federal Leave will be placed in the same situation as the employee would have been in at that time had he or she not taken the leave. This means, for example:
    • Upon returning from the leave, the employee will be restored to the same position that he or she held before the commencement of the leave or an equivalent position, unless during the leave the position was changed in such a way as would have affected the particular employee had he or she not been on leave (e.g., a layoff or general reduction in hours).
    • If during the leave an event occurs that would have terminated or altered the employment of the employee had he or she not been on leave (e.g., a reduction in force), the employment, leave rights, employment conditions, or restoration rights of that employee will terminate at the same time as if the employee had not been on leave.
  5. The employee will not lose any benefits accrued before the leave.
  6. The employee will not accrue benefits or seniority during the leave.
  7. Macalester College may require an employee who is on leave to confirm that he or she intends to return to work at the end of the leave.
  8. During the leave, the employee will remain eligible for group health coverage under the same conditions that apply to active, current employees. Macalester will continue to share the cost of the premium.
  9. The employee must make arrangements to pay his or her cost of health care coverage for dependents (if applicable) during the leave. The employee's share of the cost is due on the first of each month. Checks are made payable to Macalester College and are sent to the Employment Services Department.
  10. Macalester's contribution toward the cost of health insurance coverage will stop when the employee fails to return to work at the end of a leave, when the employee advises Macalester that he or she does not intend to return to work, or when the employee fails to make a required payment of the employee's share of the cost within 30 days of when the payment was due, whichever happens first. At that point, the employee will be entitled to COBRA continuation coverage for which the employee is eligible. The 18-month COBRA period will be measured from the date the Macalester-provided coverage stops. (See Section 5, page 6, 5.6 for COBRA information.)
  11. To the extent permitted by Macalester's insurance policies, Macalester will also maintain in effect group long-term disability and basic life insurance coverage, with 100% of the premium being paid by Macalester.

C. Additional Provisions Applicable to Parenting Leave.

The following additional provisions apply to parenting leave:

  1. The leave is available for the birth of a biological child or the placement of an adoptive child or foster child.
  2. The leave must be completed within 12 months after the birth or placement of the child.
  3. If Macalester, in its discretion, consents, parenting leave may be taken intermittently or through a reduced work schedule. Whether Macalester consents in a particular case will depend, in part, on the needs of the department in which the employee works.
  4. If an employee is eligible for a college paid parental leave at the time the employee seeks a leave for the birth or placement of a child, the employee must use the paid parental leave simultaneously with Federal Leave. Doing so will not increase the amount of Federal Leave available. After the paid parental leave has been exhausted, an employee must use any accrued medical and/or vacation leave simultaneously with Federal Leave.

D. Additional Rules Applicable to Leave to Care for an Employee's Spouse, Child or Parent with a Serious Health Condition.

The following additional provisions apply to leave to care for an ill relative:

  1. A serious health condition is an illness or injury that involves inpatient care or continuing treatment or supervision by a health care provider and renders the person incapacitated. "Incapacitated" means that the individual is unable to perform the essential functions of their job or attend school. A serious health condition includes any incapacity due to pregnancy or for prenatal care.
  2. The leave is available to care for the serious health condition of:
    • The employee's biological child, adopted child, foster child, stepchild, legal ward, or a child for whom an employee has assumed the status and obligations of a parent. An employee's "child" must be under age 18 or incapable of self-care because of a disability.
    • The employee's parent or a person who, when the employee was a child, assumed the status and obligations of a parent to the employee.
    • The employee's husband or wife.
  3. When it is medically necessary, the leave may be taken intermittently or through a reduced work schedule.
  4. If an employee requests intermittent leave or leave on a reduced schedule that is foreseeable due to planned medical treatment, including during a period of recovery from a serious health condition, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Any such transfer is subject to Macalester's collective bargaining agreement.
  5. If the need for leave is foreseeable due to planned medical treatment, an employee must make a reasonable effort to schedule the treatment so as not to disrupt their department or Macalester's operations unduly.
  6. Macalester may require that a leave request be supported by a certification of the health care provider of the employee's qualifying relative on a form provided by Macalester. The certification must state that the employee is needed to care for the relative and estimate the time that the employee is needed.
  7. When Macalester has reason to doubt the validity of the certification, Macalester may require the employee, at Macalester's expense, to obtain the opinion of a second health care provider designated or approved by Macalester. This health care provider cannot be employed on a regular basis by Macalester.
  8. If the opinion of the second health care provider differs from the opinion in the original certification, Macalester may require the employee, at Macalester's expense, to obtain the opinion of a third health care provider who is agreed to by both Macalester and the employee. The third health care provider's opinion is binding.
  9. Macalester may require that the employee, at the employee's expense, obtain subsequent recertification by the health care provider on a reasonable basis.

E. Additional Provisions Applicable to Leave to Care for an Employee's Own Serious Health Condition.

The following additional provisions apply to leave due to an employee's health.

  1. A serious health condition is an illness or injury that involves inpatient care or continuing treatment or supervision by a health care provider and renders the employee incapacitated. "Incapacitated" means that the employee is unable to perform the essential functions of his or her job. A serious health condition includes any incapacity due to pregnancy or for prenatal care.
  2. When medically necessary, the leave may be taken intermittently or through a reduced work schedule. An employee on a medical leave cannot be engaged to provide services outside of the employee's normal job duties without prior authorization from the Employment Services Department.
  3. If an employee requests intermittent leave or reduced work schedule leave that is foreseeable due to planned medical treatment, including during a period of recovery from a serious health condition, the employee may be temporarily transferred to another position if the position has equivalent pay and benefits and better accommodates the recurring periods of leave. Any such transfer is subject to Macalester's collective bargaining agreement.
  4. If the need for leave is foreseeable due to a planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to disrupt the employee's department or Macalester's Operations unduly.
  5. Macalester may require that a leave request be supported by a certification of the employee's health care provider on a form provided by the employer. The certification must include a statement that the employee is unable to perform the essential functions of his or her job.
  6. When Macalester has reason to doubt the validity of the certification, Macalester may require the employee, at Macalester expense, to obtain the opinion of a second health care provider designated or approved by Macalester. This health care provider cannot be employed on a regular basis by Macalester.
  7. If the opinion of the second health care provider differs from the opinion of the original certification, Macalester may require the employee, at Macalester's expense, to obtain the opinion of a third health care provider who is agreed to by both Macalester and the employee. The third health care provider's opinion is binding.
  8. Macalester may require that the employee, at the employee's expense, obtain subsequent recertification by the health care provider on a reasonable basis.
  9. An employee returning from a leave due to the employee's own serious health condition may be asked to provide, at the employee's expense, certification that he or she is able to resume work.

F. Special Provisions For Highly Paid Employees

Special provisions apply to those salaried employees who are among the highest paid 10 percent of the employees employed by Macalester College within 75 miles of the facility where the employee is employed. Macalester may deny such a highly paid employee restoration to employment following Federal Leave if such denial is necessary to prevent substantial and grievous economic injury to Macalester's operations and, if, when Macalester determines that such an injury would occur, Macalester notifies the employee of its intent to deny restoration.

An employee who is notified that this section will be applied to him or her may retain employment by not taking the leave, or if already on leave, returning from the leave.

Under certain circumstances, an employee denied restoration after Federal leave may be entitled to restoration under the Minnesota Parenting Leave rules. Please refer to the section entitled "Minnesota Parenting Leave".

G. Unlawful Acts

It is unlawful for Macalester or any supervisor or co-employee to:

  1. Interfere with or deny the exercise of any right under the Federal Leave.
  2. Discharge or discriminate against any person for opposing any practice made unlawful by the Federal Leave law.
  3. Discharge or discriminate against any person because of involvement in any proceeding under or related to the Federal Leave law.

Macalester encourages any employee who thinks that the Federal Leave law has been violated to report the problem to the Benefits Specialist or the Director of Employment Services. All complaints will be promptly investigated. In addition to reporting the problem to Macalester or instead of doing so, an employee who thinks that the Federal Leave law has been violated may file a complaint with the United States Department of Labor or may file a civil suit.

Minnesota Parenting Leave

Minnesota law provides to certain eligible employees an unpaid leave of a maximum of six weeks for the birth or adoption of a child. In many cases, those who have previously taken Federal Leave during a 12-month period will not be entitled to additional parenting leave under Minnesota law during a 12-month period. However, there may be certain situations in which an employee who has exhausted his or her Federal Leave might be eligible for additional Minnesota parenting leave. As with all leaves, eligibility will be determined on a case-by-case examination of the employee's circumstances.
Minnesota parenting leave is available only to an employee who has worked for Macalester for the 12 consecutive months preceding the leave request, and who, during those 12 months worked an average number of hours per week equal to one-half or more of the full-time equivalent of the employee's position. The leave must begin within six weeks of the birth or adoption. (However, when a newborn child remains in the hospital longer than the mother does, leave may begin within six weeks of the time that the child leaves the hospital). If practicable, an employee must provide Macalester with at least 5 days of notice before the leave is to begin.

If at the time an employee seeks leave for the birth or placement of a child, the employee is eligible for a paid parental leave, the employee must use the paid parental leave instead of the unpaid parenting leave. The amount of unpaid parenting leave available will be reduced by the amount of paid leave taken. Accrued sick leave may not be substituted for Minnesota parenting leave.

Macalester will continue to make group health insurance available to eligible employees while on a Minnesota parenting leave.

Upon returning from leave, an employee will be returned to the employee's former position or a position of comparable duties, number of hours, and pay plus any automatic adjustments in the employee's pay scale that occurred during the leave. An employee retains all accrued benefits and seniority as if there had been no interruption in service.

If Macalester experiences a layoff during an employee's leave, and the employee would have lost his or her position had the employee not been on leave, the employee is not entitled to reinstatement. If an employee on leave is laid off, the employee retains all rights under the layoff and recall system as if the employee had not taken leave.

If Macalester, in its discretion, consents, an employee may return to work part-time during the leave.

School Conference And Activity Leave

Adopted from MN statute 181.9412 - School Conference and Activities Leave

Pursuant to state law, Macalester College grants an employee un-paid leave of up to a total of 16 hours during any 12-month period to attend school conferences or school-related activities related to the employee's child, provided the conferences or school-related activities cannot be scheduled during non-work hours.

Leave taken in this manner is un-paid, though accrued vacation leave may be used to cover the time period taken.

If the employee's child receives child care services (as defined in section 119B.011, subdivision 7 of the law) or attends a pre-kindergarten regular or special education program, the employee may use the leave time provided in this section to attend a conference or activity related to the employee's child, or to observe and monitor the services or program, provided the conference, activity, or observation cannot be scheduled during non-work hours.

When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave to their supervisor and make a reasonable effort to schedule the leave so as not to disrupt unduly the normal operations of the department.

Under the law, Macalester employees who have foster children are covered by its provisions.

Military Leave

You are entitled to a military leave of absence without pay for service in the armed forces of the United States or a state National Guard. Short leaves may be with pay if they are charged to your accumulated vacation. If you are called to active duty, please contact the Employment Services Department regarding your benefit status during leave.

Personal Leave

You may apply for short leaves without pay for such purposes as childcare and travel. Leaves will be approved or disapproved by your supervisor and the Employment Services Department, taking into consideration the needs of the College and your department.

Educational Leave

A leave to study may be granted if it is determined by the College that such a leave will benefit both you and the College by enabling you to perform your job duties more effectively. See Section 5 for the Staff Professional Leave Policy.

11.10.3 Faculty and Staff Donated Pay Policy

An employee may donate regular pay to another employee who is on a partial or full leave of absence due to a documented "serious health condition" (as defined by the Family and Medical Leave Act) of the employee or the employee's spouse/registered domestic partner, child or parent.

The employee donating the pay would actually work the donated hours, would receive the benefits associated with this pay including the retirement benefits, and would be taxed on these earnings. The employee donating the pay may also be subject to gift tax regulations if they donate annually to the recipient more than allowed by the annual gift exclusion.

The recipient would receive the gross amount of the donated pay via an accounts payable check. The recipient would receive the total dollar amount being donated, translated into the recipient's rate of pay and hours of work. For example, if the donor earns $100.00 per day and donates 1 day, the recipient receives the full $100.00 translated into his/her rate of pay (i.e., recipient rate of pay = $10.00 per hour, recipient is credited with 10 hours of work). No taxes will be withheld from the funds gifted to the recipient and the recipient will have no income tax liability for receiving the gift of pay. Before receiving the donated pay, all of the recipient's accrued medical and vacation days must first be exhausted.

A minimum of four (4) hours for non-exempt employees and a minimum of one (1) day for exempt employees must be donated to ease implementation. Maximum donation would be five days per calendar month. An employee must complete the Macalester College Donation of Pay Authorization to donate pay to another employee. In order to receive donated pay, an employee must complete the Macalester College Application to Receive Donated Pay. Donated pay is not automatic, there must be donors available. The need for donated pay would be communicated in the Bulletin. Information regarding who is donating pay or who is in need of pay will be kept confidential, if requested.

Donated pay may not be used to supplement disability or worker's compensation benefits. At no time would a recipient receive more pay than that which would be earned in a normal pay period. No deductions for health insurance or other benefits will be withheld from the accounts payable check, therefore, the employee will need to submit their health insurance premiums as directed in Section 11.10.2 of the employee handbook, unpaid medical leaves.


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Comments and questions to hr@macalester.edu