NUMBER:        HR 1.09

SECTION:       Human Resources

SUBJECT:       Other Leave With Pay

DATE REVISED:  December 15, 2004

POLICY FOR:    All Campuses

PROCEDURE FOR: All Campuses

AUTHORIZED BY: Jane M. Jameson

ISSUED BY:     Division of Human Resources

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THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT 
BETWEEN THE FACULTY, STAFF, OR ADMINISTRATIVE EMPLOYEE AND THE UNIVERSITY OF 
SOUTH CAROLINA.  THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR 
ENTITLEMENTS.  THE UNIVERSITY OF SOUTH CAROLINA RESERVES THE RIGHT TO REVISE 
THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART.  NO PROMISES OR ASSURANCES, 
WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS 
OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

______________________________________________________________________________

I.	Policy

A. This document sets forth the University of South Carolina policy on other 
   leave with pay (i.e., court, death in immediate family, military, voting, 
   bone marrow donation, organ donation) for all employees of the University of 
   South Carolina except temporary and student employees, pursuant to regulations 
   of the South Carolina Office of Human Resources.   (For information about 
   adoptive leave, see HR Policy 1.06, Sick Leave, Section I., F., 1., g.)

B. The provisions of this policy will be applied in an equitable manner to all 
   employees.

C. Leave for American Red Cross Certified Disaster Service 
   An employee who is a certified disaster service volunteer for the American Red 
   Cross may use up to ten days of paid leave in a calendar year to participate 
   in specialized disaster relief services with the approval of the Vice President 
   for Human Resources or the Vice President’s designee.

D. Leave for Blood Drives and Blood Donations
   1. University employees are permitted to participate in University-sponsored 
      blood drives during work hours without using sick or annual leave.
   2. Employees who wish to donate blood at a time other than during a 
      University-sponsored blood drive must be excused from work for the purpose 
      of making the donation, and no leave or make-up time will be required.
   3. The employee wishing to donate blood will notify the department chair or 
      authorized supervisor of the scheduled donation and the amount of time needed 
      for the donation as far in advance as possible.  The department chair may 
      deny the employee’s request for the time to donate if the absence of the 
      employee would create an extraordinary burden on the department.
   4. In considering the employee’s request, the department will take into 
      consideration such factors as the necessity and type of blood donation, and 
      any other factors the department considers appropriate.
   5. As a condition of approving the request, the department may require the 
      employee to provide documentation of the donation.

E. Leave for Bone Marrow Donations
   1. An employee who works an average of 20 hours or more a week and who seeks 
      to undergo a medical procedure to donate bone marrow may be granted leave 
      with pay.
   2. The total amount of paid leave may not exceed 40 work hours unless a longer 
      length of time is approved by the Vice President for Human Resources or the 
      Vice President’s designee.  Such leave may require verification by a health 
      care practitioner concerning the purpose and length of the request.
   3. If a medical determination finds that the employee does not qualify as a bone 
      marrow donor, the paid leave of absence granted to the employee before that 
      medical determination will still be permitted.

F. Leave for Organ Donations
   1. An employee who wishes to be an organ donor and who accrues annual or sick 
      leave is entitled to leave with pay for periods not exceeding an aggregate 
      of 30 regularly scheduled workdays in any one fiscal year for the purpose of 
      organ donation.
   2. Before organ donation leave is approved, the employee must provide documentation 
      from the attending physician that confirms the employee will be the donor.

G. Court Leave
   1. An employee summoned as a member of a jury will be granted court leave with 
      pay.  Any jury fees and/or travel payments may be retained by the employee.
   2. An employee who is excused from jury duty and is not required to be at court 
      during the hours of the employee’s workday is required to return to the job.  
      The employee must be on authorized leave for any time he or she  is excused 
      from jury duty and does not return to work.
   3. An employee summoned to jury duty will be required to work on any given day 
      only the number of hours that equal the employee’s work schedule, minus the 
      hours required to be at court.
   4. An employee subpoenaed as a witness who will not receive any personal gain 
      from the outcome of the litigation is entitled to court leave with pay for 
      those hours required for the subpoena.  The employee may retain any witness 
      fee and/or travel expense payments.
   5. When an employee is subpoenaed to represent an agency as a witness or defendant, 
      the employee’s appearance is considered a part of the employee’s job assignment.  
      The employee will be reimbursed for any meals, lodging and travel expenses 
      according to University regulations.
   6. When an employee in an official capacity attends a mediation or mediation-arbitration 
      conference, the employee’s attendance is considered part of the employee’s 
      job assignment.
   7. When an employee appears as a witness or in any other official capacity in a 
      hearing before a University or State Employee Grievance Committee, or other 
      administrative body of government, the employee’s appearance is considered 
      part of the employee’s job assignment.
   8. An employee engaged in personal litigation is not eligible for court leave 
      with pay, but may be granted annual leave or leave without pay with appropriate 
      authorization.

H. Leave for Death in the Immediate Family
   1. Upon request, an employee will be granted up to three consecutive workdays of 
      leave with pay on the death of any member of the employee’s immediate family.  
      For purposes of this policy, immediate family is defined as the spouse, parent, 
      child, spouse of child, brother, spouse of brother, sister, spouse of sister, 
      grandparent, great-grandparent, grandchild, great-grandchild, or legal guardian 
      of either the employee or the employee’s spouse.
   2. When a death occurs in the employee’s immediate family while the employee is 
      on annual or sick leave, leave for death in the family will replace the annual 
      or sick leave taken for up to three consecutive days.
   3. When a death occurs in the employee’s immediate family on an official University 
      holiday, the employee will be entitled to the holiday and to three consecutive 
      workdays of other leave with pay.

I. Military Leave
   1. Short-Term Military Training
      a. All officers and employees of the State of South Carolina, or a political 
         subdivision of the State of South Carolina, who are either enlisted or 
         commissioned members of the South Carolina National Guard, the United States 
         Army Reserve, the United States Air Force Reserve, the United States Naval 
         Reserve, the United States Marine Corps Reserve, or the United States Coast 
         Guard Reserve, are entitled to leaves of absence from their respective duties 
         without loss of pay, time, or efficiency rating, for one or more periods not 
         exceeding an aggregate of 15 regularly scheduled average workdays in any one 
         year during which they may be engaged in training or any other duties ordered 
         by the Governor, the Department of Defense, the Department of the Army, the 
         Department of the Air Force, the Department of the Navy, the Department of the 
         Treasury, or any other department or agency of the government of the United 
         States having authority to issue lawful orders requiring military service.
      b. Saturdays, Sundays, and State holidays may not be included in the 15-day 
         aggregate unless the particular Saturday, Sunday, or holiday to be included 
         is a regularly scheduled workday for the employee.
      c. Leave for military training in excess of 15 workdays in a designated calendar 
         or fiscal year will be charged against accrued annual leave.  If annual leave 
         is not available, the absence will be charged to leave without pay.
      d. Any one year means either a calendar year or, in the case of members required 
         to perform active duty for training or other duties within or on a fiscal 
         year basis, the fiscal year of the National Guard or reserve component 
         issuing the orders.
   2. Military Leave for Emergency Purposes
      a. Military leave for emergency purposes will be granted not to exceed 30 
         regularly scheduled average workdays in addition to the 15 workdays provided 
         for military training.  Emergency military leave will be granted only if a 
         state of emergency is declared and the employee is under military orders 
         from the Governor or the Departments of the Armed Forces.  Emergency Military 
         leave may not be carried over from one calendar year to another.
      b. Emergency military leave in excess of 30 work days will be charged against 
         accrued annual leave.  If annual leave is not available, the absence will 
         be charged as leave without pay.	
   3. Long Term Military Leave of Absence
      a. Every employee of the State of South Carolina or any political subdivision 
         thereof  who has been, or shall be commissioned, enlisted, or selected for 
         service in the Armed Forces of the United States (excluding short term training) 
         shall, so long as the requirements and regulations of the Armed Forces shall 
         prevent the employee’s return to his or her civil employment for a period of 
         90 days thereafter, but in no event for a period longer than five years from 
         the date of entry into the Armed Forces of the United States, be entitled to 
         leave of absence from his or her duties as an employee of the State or any 
         political subdivision thereof, without loss of seniority.
      b. The word "employee" as used herein shall not be construed to mean an officer 
         or official elected or appointed to a term pursuant to a statute or the 
         Constitution of this State.

J. Leave for Voting 
   1. An employee who lives at such distance from the assigned work location as to 
      preclude voting outside of working hours may be authorized a maximum of two 
      hours of leave with pay for this purpose.
   2. An employee working at the polls during an election must be on authorized leave.

K. Administrative Leave with Pay
   1. Employees in permanent positions who are physically attacked while in the 
      performance of official duties and suffer bodily harm as a result of the attack 
      must be placed on administrative leave with pay rather than sick leave.
   2. The period of administrative leave with pay for each incident may not exceed 
      180 calendar days.

II. Procedure

A. Leave for American Red Cross Certified Disaster Service
   1. An employee who is a certified disaster service volunteer for the American 
      Red Cross must submit an Application for Leave (form P-83) to their department 
      chair or authorized supervisor for signature.
   2. The completed form should be sent to the USC Division of Human Resources, 
      Benefits Office.

B. Leave for Blood Drives and Blood Donations
   1. An employee applying for other leave with pay to donate blood must notify 
      the department chair or authorized supervisor of the scheduled donation and 
      the amount of time needed for the donation as far in advance as possible.
   2. As a condition of approving the leave, the department may require the employee 
      to provide documentation of the donation.

C. Leave for Bone Marrow Donations
   1. An employee applying for leave to participate in a bone marrow donor program 
      must submit an Application for Leave (form P-83) to the department chair or 
      authorized supervisor for signature.
   2. The completed form should be sent to the USC Division of Human Resources, 
      Benefits Office.

D. Leave for Organ Donations
   1. An employee applying for leave to participate in an organ donor program must 
      complete an Application for Leave (form P-83) and an Application for Disability 
      Leave With or Without Pay (form P-75), and submit them to the department chair 
      or authorized supervisor for signature.
   2. The completed forms should be sent to the USC Division of Human Resources, 
      Benefits Office.

E. Court Leave
Upon receipt of a summons or subpoena, the employee must provide a copy of the document 
to the department chair or authorized supervisor and provide as much information as 
is known about expected absences related to service as a juror or witness.

F. Leave for Death in the Immediate Family
The employee must request leave by submitting a statement to the department chair or 
authorized supervisor that includes the name of the deceased and the relationship 
of the deceased to the employee.

G. Military Leave
   1. The employee must apply for military leave by submitting an Application for 
      Leave (form P-83) and presenting the form along with official orders or 
      appropriate military certification to the department chair.
   2. The completed form should be sent to the USC Division of Human Resources, 
      Benefits Office.

H. Voting Leave
The employee must request voting leave by submitting to the department chair or 
authorized supervisor a statement that provides the employee’s voting location.

I. Administrative Leave With Pay
   1. The employee must apply for administrative leave with pay by completing an 
      Application for Leave (form P-83) and an Application for Disability Leave 
      With or Without Pay (form P-75), and submit them to their department chair 
      or authorized supervisor for signature.
   2. The completed forms should be sent to the USC Division of Human Resources, 
      Benefits Office.

J. Reporting Leave
All leave taken pursuant to this policy must be reported through iTAMS, the University’s 
time and attendance management system.

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Summary of Substantive Changes

* Expands the definition of immediate family for purposes of leave for death in 
  the immediate family.
* Adds organ donor leave
* Adds administrative leave with pay for employees in permanent positions who are 
  physically attacked while in the performance of official duties.

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URL http://www.sc.edu/policies/hr109.html