IS-2094 Leave without Pay (Policy)

Human Resources

Release Date: 8/14/01

Policy

CNM Board Policy

Employee Handbook 8.17, Leave without Pay

Administrative Directive

Introduction

Central New Mexico Community College (CNM) recognizes there may be instances when employees need time away from work for reasons that do not fall within other leave benefit options.  The Leave without Pay policy allows for a temporary unpaid scheduled absence, not to exceed one year, to accommodate personal needs that can only be satisfied through a temporary absence from work. Leave without pay also provides an alternative when other leave options are not available.

This Administrative Directive is superseded by existing Collective Bargaining Agreements.

1. Eligibility

All CNM employees are eligible to request leave without pay.

2. Leave without Pay Guidelines

2.1 Leave without pay is for unpaid time away from work outside FMLA and Professional Development Leave guidelines.

2.2 Requests for leave without pay are considered on an individual basis, taking into consideration the reason for and urgency of the request, the ability of the department to provide coverage for the absence, and the employee's length of service and work record.

2.3 Leave without pay may be granted for reasons including but not limited to:

  • Family illness (including illness of a domestic partner or the child of a domestic partner)

  • Education

  • Marriage

  • Involvement in legal matters

  • Political activity

  • Employee has exhausted FMLA leave

  • Settling family estates

2.4 Leave without pay may not be used for purposes of seeking or engaging in other employment.

2.5 The original leave, plus any extensions, may not exceed one year.

3. Requesting Leave without Pay

3.1 Requests for leave without pay must be made on a Request for Leave form as soon as possible in advance of the requested leave date and must state the reason for the leave, the commencement date and the expected date of return.

3.2 Leaves of 30 days or less must be approved in writing by the employee's supervisor.

3.3 Leaves of 31 days or more (not to exceed one year) should be reviewed by the supervisor and forwarded to the President for approval.  The request must be accompanied by a written memo stating the reason for the extended leave, the commencement date and the expected date of return.

4. Benefits While on Leave without Pay

It is recommended that employees considering taking a leave without pay for 31 days or more meet with the appropriate Human Resources Technician as early as possible to discuss benefits coverage and insurance premium payments.

4.1 An employee with fewer than three years of service pays 100 percent of the cost of the insurance premiums while on leave without pay.

4.1.1 The employee should contact the Human Resources Department to discuss premium payment options as soon as the leave has been approved.

4.2 An employee with more than three years of service may keep benefits current for up to 105 calendar days by paying, in advance, the employee cost of the insurance premiums.

4.3 The employee pays 100 percent of the cost of insurance premiums for any leave without pay extending beyond 105 calendar days.

4.4 An employee does not accrue sick or annual leave while on leave without pay.

4.5 An employee is not eligible for paid holidays while on leave without pay.

5. Returning from Leave without Pay

The College reserves the right to assign the employee to an alternate position of the same grade at the conclusion of the leave if the position was filled during the employee's absence and is not vacant at the conclusion of the leave.

5.1 An employee desiring to return to work prior to the date of expiration of the leave must make the request and have the supervisor's approval at least one week prior to the expected date of return.

5.2 An employee returning to work following a medical leave without pay must submit a physicians statement certifying that the employee can return to work and can perform the essential functions of the job, with or without reasonable accommodations.

5.3 If an employee fails to return within three work days after the approved leave, including any approved extensions, the employee will be considered to have resigned.  (Employee Handbook 8.19, Absence without Leave.)

6. Filling a Vacated Position

A supervisor may fill a position vacated by an employee on leave without pay.  Consideration should 
be given to the needs of the department and the length of the employee's absence.

 


Forms

Support Materials:

Sample Request for Leave Memo
IS-2006, Family and Medical Leave
IS-2084, Professional Development Leave
IS-2522, Political Activity

Reference Materials: