UNCLASSIFIED
STAFF VACATION AND SICK LEAVE
BALANCES AT EMPLOYMENT TERMINATION
When an impending faculty or academic staff employment termination (resignation, non-renewal, dismissal) becomes known, the department head and/or appointing authority are responsible for determining if there will be an unused vacation balance and, if so, how the balance will be handled.
a. Keep in mind that faculty and academic staff are given a year's worth of vacation up front with the assumption that they will work the entire calendar year. Vacation time for faculty and academic staff terminating employment before the end of the year will be pro-rated so they will have less actual earned vacation than their leave reports indicate.
2. The appointing authority and department head (if not the same person), in concert with the departing employee, will determine the last day of employment and establish an expectation for how much vacation will be used before employment ends. It is preferred that the employee uses earned vacation time before terminating employment.
Some employees may not be able to use up their earned vacation time before employment ends. They may be long-term employees with a lot of vacation saved up or they may have work that we want them to complete before leaving.
When vacation time cannot be used up prior to the end of employment, there are two options:
a. Negotiate the person's termination date to use up the vacation prior to employment ending.
b. Pay a lump sum at departure.
It is Cooperation Extension's preference that unused vacation time be paid as a lump sum rather than extending employment status to use it up. This decision, though, is the responsibility of the appointing authority who has full knowledge of the work situation.
3. The appointing authority will communicate in writing to the employee the expectations for last day of employment and for using vacation prior to that last day. A form is provided for this purpose and is available from the Cooperative Extension website (http://www.uwex.edu/ces/hrd/termform.pdf).
4. The appointing authority is responsible for forwarding the form to the Cooperative Extension Business Services Office prior to the end of employment to confirm expectations for unused vacation at the end of employment. Failure to take this last step can potentially negate everything you have negotiated.
5. When it is expected that a departing employee will use some or all earned vacation before ending employment, it is essential that the employee be given a reasonable opportunity to use up the agreed-upon amount of vacation.
a. The department head is responsible for supporting the employee to establish a work schedule for the remaining time that will allow this goal to be met. This can include identifying work that (1) won't be done, (2) will be delayed or (3) will be done by someone else.
b. It is also essential that everyone having supervisory responsibility for the departing employee has a common understanding of what is expected and acts in a manner that supports these expectations.
6. Remind employees to return the leave usage report that comes with their last UWEX payroll check. Any intended payouts for unused vacation will not be processed until this report is received. The person who signs the employee's leave usage report is responsible for reviewing the report for accuracy and consistency with agreements for vacation use prior to end of employment.
7. Sick leave can only be used for the purposes described in UWEX UPG#8:
a. Personal illness, injury, disability or pregnancy.
b. Providing "direct care" for an immediate family member whose health requires it.
c. Death of a family member.
d. Parental leave.
Time away from work for other purposes must be counted as vacation. Unused sick leave is forfeited at the end of employment except for retirement when unused sick leave is converted to health insurance payments. The balance is reinstated if the non-retiring employee returns within three years to a state position that earns sick leave.
8. County faculty and academic staff on traditional contracts must abide by county personnel rules regarding county vacation and sick leave balances at the end of employment.
UWEX Exit Policy
Also remember that there is a UWEX Exit Interview process that you are expected to offer to each departing employee. It includes a written survey-like instrument and the opportunity to have a conversation with an institutional HR employee (in-person or by phone). Supervisors should contact the UWEX Human Resources Director to identify a person with whom the exit conversation will be held. The exit survey is sent to this person in advance. All of this is voluntary by the departing employee but we are expected to encourage employees to take advantage of it. Information is retained at the institutional level and periodically shared in aggregate form with divisions. The information is helpful to divisions so please encourage employees to participate.
Web locations of policies referenced in this discussion
1. UWEX
UPG #8 (sick leave)
a. http://www1.uwex.edu/secretary/policies/section7/upg8.pdf
(pp 53-55)
2. UWEX
UPG #9 (vacation)
a. http://www1.uwex.edu/secretary/policies/section7/upg9.pdf
(pp 56-57)
3. Vacation
at termination
a. http://www.bussvc.wisc.edu/ecbs/bng-ben-book-leave-uw1378.html
This is a very informative document addressing all forms of leave
4. UWEX
Exit Policy
a. http://www1.uwex.edu/secretary/policies/section10/S10-Exit.pdf
(pp 39-44)
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