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Policies and Procedures
- Section II - 2.10(A) UMB POLICY AND PROCEDURES CONCERNING TERMINAL LEAVE FOR FACULTY
II - 2.10(A) - UMB POLICY AND PROCEDURES CONCERNING TERMINAL LEAVE FOR FACULTY
(Approved by the President, May, 2016)
The Board of Regents has established a Transitional Terminal Leave Policy for Faculty, Policy II-2.10 (“Policy”), under which the President of UMB may grant a transitional terminal leave (“terminal leave”) to full-time tenured faculty and to faculty who are permanent status librarians (either, a “faculty member”). These Procedures implement the Policy at UMB and shall be interpreted to be consistent with the Policy.
1. Terminal leave must be beneficial to UMB in the President’s determination. The President will act upon recommendations for terminal leave received from (a) a dean or vice president and (b) the Senior Vice President/Chief Academic and Research Officer.
2. The Policy and these Procedures generally will be administered to increase UMB flexibility in the management of academic programs. For example, and without limiting the use of terminal leave to benefit UMB, terminal leave may be granted by the President for a faculty member expert in a field that is no longer part of a School’s core curriculum, or no longer expert in a clinical field that is required by a School for teaching, research or patient care. The reason that terminal leave is supported by those recommending it should be clearly stated when a terminal leave recommendation is sent to the President. Recommendations should include detail about any cost savings or additional expense which could or will result from the terminal leave.
3. Terminal leave is not an entitlement, and shall not be granted routinely at the end of a faculty career. Normally, only full-time faculty members who have served UMB for a substantial length of time (at least seven years) will be considered for terminal leave.
4. a. A faculty member on terminal leave who continues to have duties as discussed below shall:
i. remain an employee of UMB and be subject to all policies of the Board of Regents and UMB;
ii. receive the UMB salary which would have been accorded had he or she not been on leave; and
iii. retain eligibility for all benefits normally associated with full-time employment, with the exception of annual leave.
b. A faculty member on terminal leave who has no duties, as discussed below, is no longer an active employee and will not receive fringe benefits; salary will be continued as agreed.
5. Approval of terminal leave must be documented through execution of a transitional terminal leave agreement (“TTLA”). A fully executed TTLA must include the salary from UMB during terminal leave, the dates the terminal leave will begin and end, the conditions of the terminal leave, a waiver of all claims arising out of the faculty member’s employment other than claims to salary and benefits (if any) specified in the TTLA, a general statement of duties (if any) during the TTLA, and a waiver of all claims to employment at UMB subsequent to terminal leave. A TTLA may not include any commitment to employee the faculty member in any capacity, at any level of effort, following the conclusion of terminal leave. (Retirement plan and tax rules will govern whether, and when, an employee who has been on terminal leave prior to retirement may seek employment after retirement and following a break in service adequate under retirement plan rules and tax requirements.) TTLAs are prepared with assistance of the Office of University Counsel. Requests for TTLAs should be made at least 60 days before the anticipated start date of the terminal leave.
6. Terminal leave cannot follow paid sabbatical leave. Terminal leave cannot begin before a TTLA has been approved by the President and the period for revocation of the TTLA by the faculty member has expired.
7. a. In most cases, a faculty member on terminal leave will be required to perform duties during terminal leave. The duties must be at a level of at least 25% of the faculty member’s full-time commitment over the prior 36 months (or as otherwise deemed by the Internal Revenue Service to constitute full-time employment) performed evenly through the entire terminal leave period (e.g., ten hours work per month).
b. Provided the duties requirement is met, the faculty member’s TTLA may provide for full pay for a period not exceeding 12 months or for half pay for a period not exceeding 24 months. For nine or ten month faculty, the terminal leave pay may be full pay for up to a full academic year or half pay for up to two full academic years. “Academic year” is interpreted to mean two full semesters; an academic year may begin with the fall or the spring semester.
c. If a faculty member was employed on a part time basis prior to terminal leave, “full pay” means pay at the annual rate of pay for part-time service immediately preceding terminal leave and half pay means pay at half of the annual rate of pay for part-time service immediately preceding terminal leave.
8. a. If it is agreed that a faculty member will have no duties during terminal leave, then, in order to be assured that IRS requirements are satisfied by compensation arrangements, terminal leave must be approved in the calendar year when it commences, and terminal leave must be completed no later than the last day of February of the following calendar year. A 12-month terminal leave without duties must begin no later than March 1. Terminal leave of less than 12 months duration may start later in the calendar year.
b. Compensation for terminal leave without duties may be up to full pay for 12 months. “Full pay” has the meaning stated in paragraph 7.
c. Fringe benefits are not available to faculty on terminal leave without duties. Compensation for loss of fringe benefits is not available to faculty on terminal leave without duties.
9. Requests for approval of a 12-month terminal leave without duties normally must be submitted to the President no later than December 1 of a calendar year if terminal leave during the next calendar year is requested. Prior to that date, the administrator requesting approval of terminal leave should work with University Counsel to prepare a proposed TTLA and secure the faculty member’s signature of that document. The January following submission of a request to award terminal leave without duties, the President may act on the request by granting the terminal leave and signing the TTLA. The President cannot approve a requested TTLA before January of the year that the terminal leave without duties is expected to begin.
10. Terminal leave requests for faculty who are academic administrators should be made to the President no later than three months prior to the planned relinquishment of the administrative appointment. Review of these requests may fall under Board of Regents’ Policy IV-10.0, Policy on Review of Certain Contracts and Employment Agreements, requiring (a) that the Office of the Attorney General be consulted for review of the TTLA, and (b) notice to the Chancellor and possible consideration by the Board of Regents. Applicability of the Policy on Review of Certain Contracts and Employment Agreements will be determined by University Counsel in consultation with the Office of the Attorney General.
New Procedures Effective: May 9, 2016
Approved by the President: ________________________
Jay A. Perman, M.D.
EXAMPLES: A is Terminal Leave with duties.
B is Terminal Leave without duties.
12-month terminal leave over two semesters or a fiscal year, starting in the fall or in July:
Terminal Leave A can be used; terminal leave B cannot be used.
12-month terminal leave over two semesters beginning in the winter or spring term, and including that term, summer, and the fall term:
Terminal Leave A or B can be used. If B is used, the terminal leave must be approved in the calendar year that leave begins.
6-month terminal leave beginning July 1 or later in the calendar year:
Terminal leave A or B can be used. If B is used, the terminal leave must end no later than the end of February in the following year.
6-month terminal leave beginning January 1:
Terminal leave A can be used.
Terminal leave B can be used only if terminal leave was approved January 1 or later, so it is probably necessary that the terminal leave start after January 1 or be slightly less than six months. This provides for a short window for approval in January.
If you are offering terminal leave to start in July, or August (for the 10 month faculty), offer type A.