[CCoE Notice] Updates from Faculty Senate: Sick Leave Policy

[Pei, Shin-Shem S]

Dear Engineering Faculty,

As you may know that there had been a lot of confusion about the sick leave policy in the department, college all the way to the provost office. After 7 months of efforts, the Council General Dona Hamilton made the ruling that "sick leave would not be necessary for a faculty member (or staff member) who takes 4 hours off to go to a doctor's appointment so long as the individual works at least 40 hours in that workweek".

Please email me if you have any further question.

Steven Pei
Senator, Faculty Senate

From: Cornell, Dona H
Sent: Thursday, December 18, 2014 1:38 PM
To: Pei, Shin-Shem S; Olenchak, Rick
Cc: Nelson, Joan M
Subject: RE: Sick Leave Policy

Dr. Pei,  In the end of the year, I find that I did not respond to you on your inquiry and I apologize for that.  I have counseled with Human Resources as well.  I know the issue of sick leave for faculty is difficult to administer.  However, the requirement to report sick leave stands and it remains a faculty member's responsibility to submit sick leave for an absence that occurs during the normal workday even if no classes are missed.  See Texas Government Code § 661.203.  As for partial absences (i.e., when a faculty member is out for less than 8 hours in one day), MAPP 02.02.03<http://www.uh.edu/af/universityservices/policies/mapp/02/020203.pdf> states, "It is not necessary for a full-time, exempt employee to record an absence of less than a day due to illness or for personal reasons if the employee works at least 40 hours in that workweek.  If the employee does not work 40 hours in that workweek, absences must be recorded as vacation, sick leave, or other appropriate leave, to comply with state law."  I believe this MAPP provision is consistent with the intent of Texas Government Code § 661.203.

As a result, ... sick leave would not be necessary for a faculty member (or staff member) who takes 4 hours off to go to a doctor's appointment so long as the individual works at least 40 hours in that workweek.   Please let me know if you have any additional questions.

Thanks,
_____________________
Dona Hamilton Cornell
Vice Chancellor for Legal Affairs, UH System
Vice President for Legal Affairs, UH
General Counsel, UH System/UH
317 E Cullen Building
Houston, Texas 77204-2028
Direct:  (832) 842-5931
Fax:  (713) 743-0948
Email: dhcornell at uh.edu<mailto:dhcornell at uh.edu>
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From: Pei, Shin-Shem S
Sent: Monday, September 1, 2014 2:46 PM
To: Olenchak, Rick; Cornell, Dona H
Subject: Sick Leave Policy

Dear General Counsel Cornell and Associate Provost Olenchak,

Thank you for addressing my question about the requirement of reporting 4 hours sick leave if a faculty takes the morning off to see the doctor.  Unfortunately, in practice, the Texas Code Sec. 661.203 may be difficult to enforce. ... Should this be something that Faculty Senate can work with the Offices of Provost and General Counsel to address?

Best regards,

Steven Pei
Senator, UH Faculty Senate
832-228-1161

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