10.2 SICK AND DEPENDENT LEAVE; FAMILY LEAVE
1. Employees excluded from the broadbanding system, other than faculty and members
of the academic staff, are entitled to sick or dependent leave and family leave under
the same terms and conditions governing sick or dependent leave and family leave for
employees subject to the broadbanding system according to the NDUS Human
Resource Policy Manual.
2. Each institution shall adopt policies governing paid sick or dependent leave for
faculty and members of the academic staff.
Family leave.
a. Family leave is an unpaid leave of absence available to eligible employees for
the birth, adoption, or foster placement of a child; or for the serious health
condition of the employee, the employee's parent, child, or spouse.
b. Eligible employees are those employees, including faculty and other members of
the academic staff, whose employment is not limited in duration, who are
employed for an average of at least twenty hours per week, and who have been
employed by the institution for at least one year, or, for faculty and other members
of the academic staff employed on nine or ten month contracts, for at least one
contract term or academic year.
c. Family leave used for the birth, adoption, or foster care placement of a child
must begin within twelve months of the event.
d. The institution may require medical documentation to verify the existence of a
serious health condition including date of commencement and probable duration of
illness.
e. The maximum length of available leave for eligible full time employees is twelve
weeks in a twelve-month period, beginning on the first day of leave. Leave for birth
or adoption of a child may be taken intermittently if approved by the employing
entity; leave because of the serious health condition of the employee, a parent,
child or spouse may be taken intermittently if medically necessary. A married
couple is not limited to a total of twelve weeks if both are employed by the state;
each is entitled to twelve weeks. Reasonable and practical notice must be provided
to the agency.
f. When leave is completed, the employee must be returned to the same position,
or a position with equivalent compensation and benefits. If a reduction in force
would have caused the position to be eliminated, this reinstatement does not
apply.
g. Employees utilizing family leave will be provided health benefits at the same
level and coverage as if the employee had not taken leave.
3. Institutions shall in all cases comply with the Americans With Disabilities Act and
Rehabilitation Act of 1973. Institution officials shall investigate and respond
