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, October, 1992; REVISED October, 2010)

    The Board of Regents has established a terminal leave policy under which UMB may grant terminal leave to full-time tenured faculty. Terminal leave is a leave of absence with pay which terminates on the effective date of a faculty member's separation from employment with UMB. Terminal leave will be administered to increase institutional flexibility in the management of academic programs. For example, terminal leave may be offered to a tenured faculty member expert in a field that is no longer part of a School's curriculum.
    Terminal leave is not a benefit available to all tenured faculty. It is not an entitlement, and shall not be granted routinely at the end of a faculty member's academic career or at the end of administrative appointments of faculty who serve in concurrent administrative positions. Terminal leave will be granted at the sole discretion of the President.

    1. Only full-time tenured faculty members who have served the institution for a substantial length of time (normally at least seven years) shall be eligible for terminal leave; if awarded, such leave shall be with full salary for a period not to exceed twelve months, or with half salary for a period not to exceed twenty-four months. UMB discourages the use of half salary terminal leave due to complicated income tax issues associated with use of that schedule.

    2. A faculty member, while on terminal leave, shall:
      1. remain an employee of UMB and be subject to all policies of the Board of Regents
        and UMB;
      2. receive, unless otherwise stipulated, the UMB salary which would have been
        accorded had he or she remained at UMB;
      3. retain eligibility for all benefits normally associated with full-time (or, where applicable, half-time) employment, with the exception of annual leave; and
      4. not be required to perform duties of any kind during the period of leave unless otherwise stipulated.

    3. In deciding whether to grant terminal leave, the President will consider the recommendations of appropriate administrators that terminal leave be granted. Normally these administrators will be the department chairman and the dean. Other administrators (e.g., the Director of a center, program or institute at UMB) may be involved if state funds within their budgets would be used to support the faculty member on terminal leave. If funds received from University of Maryland Medical Center would be applied to support the faculty member's salary on terminal leave, approval of the UMMS CEO or his designee also is required. If funds received from a faculty practice organization would be applied to support the faculty member's salary on terminal leave, approval of that organization also is required.
    4. Recommendations for approval of terminal leave must address how granting the terminal leave will afford UMB flexibility in the administration of its academic programs, such as the opportunity to reassign the position in order to respond to shifting enrollment demands, new program initiatives, changing program emphases, and similar circumstances which make increased flexibility desirable, as well as providing detail about any cost savings or additional expense which could or would result from the terminal leave.
    5. Approval of terminal leave must be documented through execution of a "Terminal Leave Agreement" which indicates the state supported salary established under II.B., contains the conditions of the leave, waives all claims arising out of the faculty member's employment other than claims to salary and benefits specified in the Terminal Leave Agreement, and also waives all claims to subsequent employment at the institution.
    6. To minimize unfavorable tax consequences to the faculty member seeking leave, (a) terminal leave cannot follow paid sabbatical or administrative leave, and (b) terminal leave should be approved in January of a calendar year, commenced no later than March 1 of that calendar year, and completed no later than the last day of February of the following calendar year. Limited variations of the schedule in (b) ofthis Paragraph are possible, but strongly discouraged, to avoid risks of highly unfavorable tax consequences to the faculty member. Terminal leave without assigned duties cannot be taken for an academic year without unfavorable tax consequences.
    7. A. Requests for approval of terminal leave to be taken on the schedule described in Part VI of this Policy must be submitted to the President no later than December 1 of the calendar year. Prior to that date, the Dean requesting approval of terminal leave must work with University Counsel to prepare a proposed Terminal Leave Agreement and secure the faculty member's signature of that document. The follOWing January, the President may act on the request by (a) approving it and signing the Terminal Leave Agreement to award terminal leave, (b) approving it and requiring amendment of the Terminal Leave Agreement, or (c) rejecting the request. Any other action by the President, or inaction of the President, shall not be viewed as approval of a request for terminal leave. Approved terminal leave could begin only following the President's award of terminal leave as set forth in (a) of this Paragraph.

      B. Requests for approval of terminal leave to be taken on a schedule other than the schedule described in Part VI should be discussed with University Counsel and the President at least two months before the alternative schedule is discussed with the faculty member involved. Evaluation of tax issues, and preparation of an appropriate terminal leave agreement for a faculty member's consideration, may require several weeks and consultation with the Office of the Attorney General and outside tax counsel.

    8. Terminal leave requests for tenured 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
    9. 10.0, Review of Contracts with Highly-Compensated Personnel, requiring that the Office of the Attorney General be consulted and approve the terminal leave agreernent, as well as notification of the Board of Regents through the Chancellor. Applicability of that Policy will be determined by University Counsel in consultation with the Office of the Attorney General.

    (Approved by President 10/13/2010)