4.12 Sick Leave

This policy applies to all University employees in all offices and divisions of Gallaudet University, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents. Full-time Gallaudet students working fewer than 25 hours per week are not entitled to paid sick leave under this policy.

Paid sick leave provides eligible employees with a means of financial security during periods when medical conditions of an employee or his or her family member, or other reasons as described below make it impossible for the employee to work.

Regular and extended temporary staff employees earn sick leave, beginning from the first day of employment, according to the following schedule, and may be used as accrued:

Employees who are exempt from overtime payment shall not accrue leave for hours worked beyond a 40-hour workweek. Where necessary to ensure that each employee receives at least 1 hour of paid sick leave for every 37 hours worked, Gallaudet will aggregate paid hours worked across pay periods.

All other employees earn sick leave, beginning with the first day of employment, according to the following schedule, but it may not be used until after 90 days of service:

One (1) hour of sick leave per each thirty-seven (37) hours actually worked (leave does not accrue while using leave), not to exceed fifty-six (56) hours per calendar year.

In accordance with the D.C. Sick and Safe Leave Act (“Act”), sick leave may be used for the following reasons:

1. An absence resulting from a physical or mental illness, injury, or medical condition of the employee.
2. An absence resulting from obtaining professional medical diagnosis or care or preventive medical care for the employee.
3. An absence for the purpose for caring for a family member who has any of the conditions or needs diagnosis or care described in numbers 1 and 2 above.
4. An employee may also use sick leave for an absence if the employee or the employee's family member is a victim of stalking, domestic violence, or sexual abuse. The absence may be pertaining to seeking medical attention for the employee or family member, seeking services from a victim services organization, obtaining psychological or other counseling, temporarily or permanently relocating, taking legal action (including preparing for or participating in a civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse), or taking other actions to enhance the physical, psychological, or economic health or safety of the employee or employee’s family member or to enhance the safety of those who associate or work with the employee.

A family member (per the Act) is defined as a spouse, registered domestic partner, son or daughter (biological, adopted, foster, stepchild, legal ward, grandchild or a child of a person standing in loco parentis), siblings (including step-siblings, half-siblings, and siblings in law), a parent (including step-parents or a person who has acted in loco parentis), a parent of a spouse, spouses of children, and spouses of siblings, and a person who has co-habituated with the employee for at least 12 months.

Sick leave may not be borrowed in advance unless approved through the Sick Leave Loan Program.

Faculty members do not accrue sick leave but can choose to take leave to which they are entitled as faculty members for the reasons and using the notification procedures set forth in this policy, or for the reasons and using the notification procedures set forth in the faculty handbook. Faculty members who have not accrued sick leave and who are transferred to staff status within their division are credited with a bank account of two days of sick leave for every full year of continuous service at Gallaudet. Prior service is not recognized when establishing the bank of sick leave.

1. The employee is required to notify his/her supervisor or a person designated by the supervisor of the absence. The request shall include a reason for the leave and the expected duration of the leave. Requests for foreseeable leave must typically be provided in writing at least 10 days in advance of the leave. Requests for unforeseeable leave must typically be provided in writing or another reasonable method prior to the start of the work shift; in the case of an emergency, the employee must notify the supervisor by the earlier of the next work shift or within 24 hours of the onset of the emergency.
2. Sick leave accounts may accumulate indefinitely; however, employees are not paid for any unused sick leave upon their separation from Gallaudet University.
3. For absences of more than three consecutive work days, a supervisor may require the employee to submit acceptable evidence of illness or medical problems of the employee or the employee’s family member. Further, the supervisor may request a medical certificate or other acceptable evidence if he/she has reason to believe the employee is abusing or misusing the Sick Leave Policy.  The documentation will be treated with appropriate confidentiality.
4. For absences of more than three consecutive days relating to domestic violence, stalking or sexual abuse, the supervisor may request a police report, court order or a signed statement from a victim/witness advocate indicating that the employee or employee's family member was a victim of stalking, domestic violence, or sexual abuse.  Further, the supervisor may request the above certification if he/she has reason to believe the employee is abusing or misusing the Sick Leave policy.  This documentation will be treated with appropriate confidentiality.
5. Sick leave may not be substituted while on another type of leave (except otherwise unpaid family and medical leave taken for a reason also eligible for sick leave). If an approved holiday occurs while a regular or extended temporary employee is on sick leave, those hours are not charged against sick leave.  Temporary employees not eligible for holidays may not use sick leave on those days when the University is closed.
6. When a regular or extended temporary employee has exhausted all of his/her sick leave, the employee may request to use annual leave. There may be circumstances when an employee has used up all sick leave and annual leave where an employee needs to request leave without pay. Those requests will be subject to the approval of the supervisor. (See the Leave Without Pay Policy.)
7. Regular and extended temporary employees who are on paid sick leave continue to accrue leave in the usual manner.  Other temporary employees do not accrue leave while using leave.
8. If an employee is rehired within one year of separation of employment, previously accrued sick leave will be reinstated.