Faculty – Collective Bargaining Agreement & Policies
Faculty Tuition Waiver
Free University Courses for Employees. Full-time employees, including employees on sabbaticals or on professional development or grants-in-aid leave,their spouses, same-sex domestic partners and dependent children under the age of twenty-five (25)may enroll for a combined maximum of up to ten (10)credit hours of FIU instruction per term (Fall, Spring, or Summer), with employees enrolling in no more than six (6) credit hours of the total 10 (ten) credit hours per term, without payment of the in-state portion of tuition, tuition differential, or the following fees: financial aid fees, capital improvement trust fund fees, building fees, athletic fees, activity and service fees. Free university courses provided pursuant to this paragraph will be subject to the following conditions:
(A) Spouses, same-sex domestic partners and dependent children under the age of twenty-five (25) must be admitted to FIU as degree seeking undergraduate or graduate students.
(B) Employees may enroll either as degree-seeking students or as special students on a space available basis.
(C) An application on the form attached as Appendix G, Attachment 5 (for employee) or as Appendix G, Attachment 6 (for spouse, same-sex domestic partner or dependent child under the age of 25) must be provided before the first week of classes to Human Resources, who will verify eligibility for the waiver of tuition and fees.
(D) Employees should discuss with their supervisors their intent to take classes and should schedule classes during non-working hours to ensure there is no conflict with assigned responsibilities. When a desired class cannot be scheduled during non-working hours, the supervisor may allow the employee to use annual leave or modify his or her assignment based on departmental needs.
(E) Enrollment must be in regular lecture or laboratory courses, thesis or dissertation, directed individual studies, directed research courses or internships. College of Law, College of Medicine, and continuing education courses are excluded. The tuition and fee waiver shall not apply to tuition and fees for courses restricted to students who are admitted as majors in the following limited access degree programs that have limited enrollments: Bachelor of Science in Hospitality Management, Bachelor of Science in Nursing, Bachelor of Arts/Fine Arts in Theater, and Bachelor of Science in Dietetics and Nutrition.
(F) A maximum of thirty (30) credits will be covered for dissertation courses (7980-7989).
(G) A maximum of nine (9) credits will be covered for thesis courses (6970-6979).
(H) The employee will be responsible for paying the tuition and fees for any courses dropped (except for courses dropped on an emergency basis) by the employee, his or her spouse, same-sex domestic partner or dependent child under the age of twenty-five (25) after the official Drop/Add period during the first week of classes. If the individual withdraws from the university before the end of the last day to withdraw from the University with a 25% refund of tuition, the employee will be responsible for paying that portion of tuition and fees that is not subject to refund.
(I) A student enrolled in a “A-F” graded course must receive a grade of “C” or better in any undergraduate level course or a grade of “B” or better in any graduate level course. A student enrolled in a “P/F” graded course must receive a “P”. Receipt of a lower grade will result in the employee’s being charged for the course.
Same-Sex Domestic Partnership Health Insurance Stipend
The University will provide employees annual same-sex domestic partnership health insurance stipends to eligible employees who have completed the documentation requirements as stated on the Declaration of Same-Sex Domestic Partnership Certification http://hr.fiu.edu/uploads/file/forms/ben/ss_certification.pdf . The annual stipend amount will be the difference between the University’s annual contribution for a fulltime employee for employee-only coverage at the cost level selected by the employee and the University’s annual contribution for family coverage at the same cost level. The stipend amount will be adjusted whenever changes are made in the employee’s coverage selection or in the amount of the University’s contribution to the University health insurance to reflect such changes. The stipend will be paid to participating University employees on a quarterly basis. To be eligible, the non-employee domestic partner must be either not employed or not eligible for health benefits through his or her employer. The employee must be covered under the University’s health insurance plan with individual coverage. Medical coverage must be in effect for the same-sex domestic partner and maintained during any period for which the same-sex domestic partner health insurance stipend is sought. The amount of the cash stipend will be taxable to the employee and subject to FICA and income tax withholding only, but will not count toward retirement, life insurance and other benefits.
(a) An employee, at the employee’s request, shall be granted parental leave when the employee or employee’s same-sex domestic partner becomes a biological parent or a child is placed in the employee’s home pending adoption. Foster care is not covered under parental leave but is provided through the FMLA provisions in accordance with this Policy.
(b) Once during his or her employment career at FIU, at the employee’s discretion, an employee on a 12-month appointment shall be granted parental leave at full pay for a period not to exceed twenty-six (26) consecutive weeks. Such paid parental leave shall begin no earlier than two weeks before the expected date of the child’s birth or placement in the employee’s home or the actual date of the child’s birth or placement in the employee’s home, whichever is earlier, and shall end no later than one year from the date of the child’s birth or placement in the employee’s home.
(c) Once during his or her employment career at FIU, at the employee’s discretion, an employee on an Academic Year appointment shall be granted a parental leave at full pay during Fall or Spring semester and at .33 FTE during Summer A or Summer B, for a period not to exceed twenty-six consecutive weeks. Such paid parental leave shall begin no earlier than the first day of classes in the semester during which the child’s birth or placement in the employee’s home is expected or during which the actual date of birth or placement occurs, whichever is earlier, and shall end no later than one year from the date of the child’s birth or placement in the employee’s home. Where circumstances permit, employees are encouraged to begin parental leave at the beginning of the first week of classes in the semester.
(d) If an employee who takes paid parental leave pursuant to paragraph 7(b) or (c) requests parental leave for a period of more than twenty-six consecutive weeks, the employee may use a combination of paid leave, accrued leave and leave without pay, and such request shall include the specific periods for each type of leave requested. Use of accrued leave during an approved period of leave without pay shall be in accordance with Section 12 of this Policy.
(1) The President or designee shall acknowledge to the employee in writing the period of paid parental leave to be taken and the date of return to employment.
(2) In addition to paid parental leave and at the employee’s request, the President or designee shall grant further accrued leave at the employee’s request for a period not to exceed the employee’s accrued leave, and/or full-time or part-time leave without pay for a period not to exceed one (1) year, unless the President or designee determines that granting such leave would be inconsistent with the best interests of the University.
(3) Any illness caused or contributed to by pregnancy shall be treated as a temporary disability and the employee shall be allowed to use accrued sick leave credits when such temporary disability is certified by a health care provider.
(e) Upon agreement between the employee and the University, intermittent FMLA leave or a reduced work schedule may be approved for the birth of the employee’s child or placement of a child with the employee for adoption in accordance with Section 6 of this Policy.
Purpose of Sabbatical Leaves
Sabbaticals are granted to increase tenured faculty members’ value to the University through enhanced opportunities for planned travel, research, writing, professional renewal, study, formal education or other experiences of professional value. Sabbaticals are not granted as a reward for service.
1. Types of Sabbaticals:
(a) Competitive Sabbaticals. Each year, the University shall make available at least one (1) sabbatical, at full pay for one (1) semester and one (1) sabbatical at two-thirds pay for two semesters for each forty (40) tenured employees.
(b) Non-Competitive Sabbaticals. The University shall make available to each tenured employee whose application has been received and reviewed by the University, a sabbatical for two (2) semesters (i.e., one (1) academic year) at half-pay or its equivalent, subject to the conditions set forth in this Policy.
2. Eligibility for Sabbaticals 101
Full-time tenured employees with at least six (6) years of full-time, continuous service with FIU shall be eligible for competitive full-pay sabbatical leave, non-competitive sabbaticals, and two-thirds pay sabbatical leave. A tenured employee who is compensated through a contract or grant may receive a sabbatical leave only if the contract or grant allows a sabbatical and the employee meets all other eligibility requirements.
3. Terms of Sabbatical Program:
(a) No more than one (1) faculty in a department/unit need be awarded a sabbatical at the same time.
(b) The employee must return to the University for at least one academic year following participation in the program unless other arrangements are agreed to in writing and approved by the Provost prior to participation. If neither of these conditions is satisfied, the employee must return to the University any salary received from the University during his/her participation during the sabbatical.
(c) Within thirty (30) days after returning from a sabbatical, the employee must provide a brief written report to the Provost of the employee’s accomplishments during the sabbatical. This report shall include information regarding the activities undertaken during the sabbatical, the results accomplished as they affect the employee and the University, and the research or other scholarly work produced or expected to be produced as a result of the sabbatical.
(d) Employees who have received a sabbatical shall not normally be eligible for another sabbatical until six (6) years of continuous service at FIU following the completion of the previous sabbatical.
(e) University contributions normally made to retirement and Social Security programs shall be continued during the sabbatical leave on a basis proportional to the salary received. University contributions normally made to employee insurance programs and any other employee benefit programs shall be continued during the sabbatical.
(f) Eligible employees shall continue to accrue vacation and sick leave on a full-time basis during the sabbatical leave.
(g) While on leave, an employee shall be permitted to receive funds for travel and living expenses, and other sabbatical-related expenses, from sources other than the University, such as fellowships, grants-in-aid, and contracts and grants, to assist in accomplishing the purposes of the sabbatical. Receipt of funds for such purposes shall not result in a reduction of the employee’s University salary, but shall be reported to the employee’s supervisor in advance, if practicable, of the sabbatical. If financial assistance in the form of salary is received during the sabbatical, the University salary shall normally be reduced by the amount necessary to bring the total salary of the sabbatical period to a level comparable to the employee’s current year salary rate.
Employment unrelated to the purpose of the sabbatical leave is governed by the BOT-UFF Policy on Conflict of Interest/Outside Activity.
(a) Applications for sabbaticals must be submitted on the FIU Sabbatical Application Form found on the Academic Affairs website (http://academic.fiu.edu/faculty_resources.html) . No sabbatical will be awarded without a completed application form. Each application shall include a statement describing the program and activities to be followed while on sabbatical, the expected increase in value of the employee to the University and the employee’s academic discipline, specific results anticipated from the leave, any anticipated supplementary income, and a statement that the applicant agrees to comply with the conditions of the sabbatical program as described in this Policy.
(b) Applications shall be submitted to the Office of the Provost with a copy filed with the appropriate dean/director who will in turn, provide evaluative comments and a recommendation to the Office of the Provost.
(c) Completed application forms must be received by the Office of the Provost by the announced deadline for consideration for the following academic year. The application deadline dates are generally in January/February prior to the academic year beginning in August.
(a) Sabbaticals at half-pay shall be granted unless the University has determined that the conditions set forth in this Policy have not been met or that departmental/staffing considerations preclude such sabbatical from being granted. In this latter instance, the employee shall be provided the sabbatical in the following year, or at a later time as agreed to by the employee and the University. The period of postponement shall be credited for eligibility for a subsequent sabbatical.
(b) If there are more applications for competitive sabbaticals than available competitive sabbaticals, a University Sabbatical Committee elected annually by and from the tenured employees shall rank the applicants. The committee shall include at least one representative from each of the various colleges and schools. No member of the committee shall also be an applicant for a sabbatical. The chairperson of the University Sabbatical Committee shall be elected by members of the committee. The committee, in ranking the applicants, shall consider the benefits of the proposed program to the employee, the University and the profession; an equitable distribution of sabbaticals among colleges, divisions, schools, departments and disciplines within the University; the length of time since the employee was relieved of teaching duties for the purpose of research and other scholarly/creative/professional activities; and length of service since previous sabbatical or initial appointment. The Committee shall submit a ranked list of recommended employees to the Provost or representative. The Provost or designee shall make appointments from the list and shall notify the committee chairperson. In the event the Provost does not follow the committee’s ranking, the committee chair may request to consult with the Provost or his designee prior to making the appointment.
(c) If there are fewer applications for competitive sabbaticals than available competitive sabbaticals, the University sabbatical committee shall make a recommendation to the Provost or representative how many sabbaticals should be awarded based on the quality of the applications.
(d) The Provost or designee will review the non-competitive sabbatical applications (half pay/two semesters) for compliance with the eligibility requirements set forth in this Policy.
3. Notification of Employees. Eligible employees shall be notified annually by January 15 regarding eligibility requirements and application deadlines for sabbatical leaves. Applicants shall be notified as to whether or not their proposed leaves have been granted no later than March 15. Applicants shall notify the Provost of their acceptance of their awards within two weeks of receiving notification.
Phased Retirement Program
(i) Employees who have accrued at least six (6) years of creditable service in the Florida or Teachers Retirement System (FRS, TRS) or Optional Retirement Program (ORP), except those employees referenced in 6(a)(2), are eligible to participate in the Phased Retirement Program. Such eligibility shall expire on the employee’s 63rd birthday. Employees who decide to participate must provide written notice to the University of such decision prior to the expiration of their eligibility, or thereafter forfeit such eligibility. Employees who choose to participate must retire with an effective date not later than 180 days, nor less than ninety (90) days, after they submit such written notice, except that when the end of this 180 day period falls within a semester, the period may be extended to no later than the beginning of the subsequent term (semester or summer, as appropriate).
(ii) Employees not eligible to participate in the Phased Retirement Program include those who have received notice of non-reappointment, layoff, or termination, and those who participate in the State’s Deferred Retirement Option Program (DROP).
(B) Program Provisions.
(i) All participants must retire and thereby relinquish all rights to tenure/permanent status as described in the BOT-UFF Agreement, except as stated otherwise in this Policy. Participants’ retirement benefits shall be determined as provided under Florida Statutes and the rules of the Division of Retirement.
(ii) Payment for Unused Leave. Participants shall, upon retirement, receive payment for any unused annual leave and sick leave to which they are entitled.
a. Prior to re-employment, participants in the Phased Retirement Program must remain off the FIU payroll for at least six (6) months following the effective date of retirement in order to validate their retirement, as required by the Florida Division of Retirement. Participants must comply with the re-employment limitations of the Florida Retirement System (which includes ORP).
b. Participants shall be offered re-employment, in writing, by the University under an Other Personal Services (OPS) contract for one-half of the academic year; however, the University and employee may agree to less than one-half of the academic year. The written re-employment offer shall contain the text of Section 6(B)(iii)d. below.
c. Compensation during the period of re-employment shall be at a salary proportional to the participant’s salary prior to retirement, including an amount comparable to the pre-retirement employer contribution for health and life insurance and an allowance for any taxes associated with this amount. The assignment shall be scheduled within one (1) semester unless the participant and the University agree otherwise, beginning with the academic year next following the date of retirement and subject to the condition outlined in (3)a.
d. Participants shall notify the University in writing regarding acceptance or rejection of an offer of re-employment not later than thirty (30) days after the employee’s receipt of the written re-employment offer. Failure to notify the University regarding re-employment may result in the employee’s forfeiting re-employment for that academic year.
(iv) Leave for Illness/Injury.
a. Each participant shall be credited with five (5) days of leave with pay at the beginning of each full-time semester appointment. For less than full-time appointments, the leave shall be credited on a pro-rata basis with the assigned FTE. This leave is to be used in increments of not less than four (4) hours (½ day) when the participant is unable to perform assigned duties as a result of illness or injury of the participant or a member of the participant’s immediate family. For the purposes of this Section, “immediate family” means the spouse, same-sex domestic partner, and the grandparents, parents, brothers, sisters, children, and grandchildren of the participant, and/or the participant’s spouse or same-sex domestic partner or other dependents of the participant, participant’s spouse or participant’s same-sex domestic partner living in the household.
b. Such leave may be accumulated; however, upon termination of the post-retirement re-employment period, the participant shall not be reimbursed for unused leave.
(v) Personal Non-Medical Leave.
Each participant who was on a twelve (12) month appointment upon entering the Phased Retirement Program and whose assignment during the period of re-employment is the same as that during the twelve (12) month appointment shall be credited with five (5) days of leave with pay at the beginning of each full-time semester appointment. This leave is to be used in increments of not less than four (4) hours (½ day) for personal reasons unrelated to illness or injury. Except in the case of emergency, the employee shall provide at least two (2) days notice of the intended leave. Approval of the dates on which the employee wishes to take such leave shall be at the discretion of the supervisor and shall be subject to the consideration of departmental and organizational scheduling. Such leave shall not be accumulated, nor shall the participant be reimbursed for unused leave upon termination of the post-retirement period.
(vi) Re-employment Period.
a. The period of re-employment obligation shall extend over five (5) consecutive academic years, beginning with the first day of classes of the Fall or Spring semester next following the effective date of retirement and the fulfillment of the six (6) month retirement validation period described in Paragraph 6(B)(iii), above. No further notice of cessation of employment is required.
b. The period of re-employment obligation shall not be shortened by the University, except under the provisions of BOT-UFF Policy on Disciplinary Action and Job Abandonment. During the period of re-employment, participants are to be treated, based on status at point of retirement, as tenured status employees or non-tenure-earning status employees with five (5) or more years of continuous service, as appropriate, for purposes of the Layoff and Recall provisions of the BOT-UFF Agreement.
(vii) Declining Re-employment. A participant may decline an offer of re-employment during any academic year. Such a decision shall not extend the period of re-employment beyond the period described in this Policy. At the conclusion of the re-employment period, the University may, at its option, continue to re-employ participants in this program on a year-to-year basis.
(viii) Salary Increases. Participants shall receive all increases guaranteed to employees in established positions, in an amount proportional to their part-time appointment, and shall be eligible for non-guaranteed salary increases on the same basis as other employees.
(ix) Preservation of Rights. Participants shall retain all rights, privileges, and benefits of employment, as provided in laws, rules, the BOT-UFF Agreement, and BOT-UFF Policies and other University policies, subject to the conditions contained in this Policy.
(x) Payroll Deductions. The UFF payroll deductions, as specified in the BOT-UFF Agreement, if applicable, shall be continued for a program participant during each re-employment period.
(xi) Contracts and Grants. Nothing shall prevent the employer or the participant, consistent with law and rule, from supplementing the participant’s employment with contracts or grants.
(xii) The decision to participate in the Phased Retirement Program is irrevocable after the required approval document has been executed by all parties.