EIU Board of Trustees

Section II - Employees (Continued)

B. Faculty and Administrative and Professional Employees

1. Coverage

   This Subsection II.B. applies to all Eastern Illinois University ("the University") employees unless otherwise provided by these Regulations, by relevant state or federal laws, by the terms of applicable collective bargaining agreements, or any pertinent written employment contracts. All administrative and professional employees shall be employed on a probationary status for a period of no less than six (6) months and no more than twelve (12) months. The probationary period shall commence upon the employee's formal acceptance of employment. The length of the probationary period shall be determined by the appropriate vice president. Should the probationary period be interrupted by an approved, unpaid leave of absence or layoff, the probationary period shall be extended by the same amount of time as the break in service.

2. Salaries and Compensation

   The President shall develop annually guidelines for the award of salary increases. The President shall review such guidelines with the Board of Trustees ("the Board") before implementation.

3. Administrative Employees with Faculty Rank

   The following provisions shall apply to administrative employees with faculty rank (including Chairpersons) and shall not apply to employees covered by a collective bargaining agreement.

   1. Faculty Rank and Promotion

      1. An administrative employee may retain faculty rank in a department (or equivalent academic unit) in which the University has granted the employee such rank prior to appointment as an administrative employee. Furthermore, an administrative employee may be granted faculty rank at the time of appointment or subsequent thereto or may be promoted in faculty rank if such employee satisfies the educational requirements specified in Section II.A.6 and faculty rank or promotion in faculty rank is recommended by the President upon consideration of recommendations by the appropriate department (or equivalent academic unit), the Dean, and the Provost/Vice President for Academic Affairs. Granting faculty rank in a department to an administrative employee at the time of appointment or subsequent thereto shall not result in tenure unless the Board expressly grants tenure. Unless tenure is also expressly granted, appointment does not guarantee the existence of an approved faculty position in the department at any later point in time if the employee did not already have a faculty appointment in that department prior to becoming an administrative employee.
      2. The University may establish policies such that the President may promote in rank an administrative employee with faculty rank and/or recommend to the Board the granting of tenure to said employee. Such policies shall take effect when approved by the President.

   2. Tenure

      1. An administrative employee with faculty rank granted tenure by the Board in a given department shall retain such tenure, which shall not be transferred from one department (or equivalent academic unit) to another except by approval of the Board upon recommendation by the President after consultation with the departments (or equivalent academic units) involved.
      2. At the time of initial employment by the University or subsequent thereto, an administrative employee may be granted tenure by the Board upon the recommendation of the President in consideration of recommendations by the appropriate department (or equivalent academic unit), the Dean, the Provost/Vice President, and the President and approved by the Board.
      3. Administrative employees shall be eligible for consideration for tenure during their term of administrative service if they hold at least the rank of Assistant Professor and meet the following requirements set forth below. Such employees may be considered for promotion to Associate Professor or higher and tenure in the same year.

   3. Educational Requirements

      An administrative employee shall be eligible for consideration for tenure by meeting the educational requirements established by the University for tenure for faculty employees covered by a collective bargaining agreement.

   4. Years of Service Applicable to Department Chairpersons

      An administrative employee appointed as a Department chairperson with faculty rank shall be subject to mandatory consideration for tenure according to the provisions in this subsection and shall be treated as a probationary employee until tenure is granted.
      1. Except as provided in paragraph e. below, a Department Chairperson may not apply for tenure before his/her sixth probationary year of employment at the University.
      2. A Department Chairperson who has no previous full-time teaching or professional service in a service at a regionally accredited baccalaureate degree-granting institution of higher education shall be placed in probationary year one (1) at the time of initial appointment.
      3. A Department Chairperson who has one (1) year of prior full-time teaching or professional service in a baccalaureate degree-granting institution of higher education shall be placed in probationary year two (2) at the time of initial appointment.
      4. A Department Chairperson who has two (2) years of prior full-time teaching or professional service at a regionally accredited baccalaureate degree-granting institution of higher education shall be placed in probationary year three (3) at the time of initial appointment.
      5. A Department Chairperson who has three (3) or more years of prior full-time teaching or professional service at a regionally accredited baccalaureate degree-granting institution of higher education shall be placed in probationary year four (4) at the time of initial appointment.
      6. A Department Chairperson may elect to be placed in a lower-numbered probationary year by written notification to the appropriate Provost/Vice President of Academic Affairs by the close of the first academic term following the initial appointment.

   5. Consideration for Tenure on the Basis of Exception

      1. An administrative employee who does not satisfy the educational requirements for tenure established pursuant to paragraph c. above or, in the case of a Department Chairperson, the years of service requirement specified in paragraph d. above may apply for consideration for tenure on the basis of exceptional teaching at the University and exceptional performance of primary duties, research/creative activity, or service.
      2. An administrative employee applying for consideration for tenure as an exception to the educational requirements or, in the case of a Department Chairperson, years of service requirements shall present evidence in support of his/her claim for an exception.
   6. Tenure for an administrative employee shall not be acquired automatically but only by specific action of the Board after receipt of a specific recommendation of the President following an evaluation as prescribed by University policy. Tenure shall be in an academic department or equivalent unit.
   7. The performance of an administrative employee during the entire term of employment shall be considered in determining whether to grant tenure.
   8. A Department Chairperson in probationary status for tenure must apply annually to the Dean of the college (or equivalent unit) for the retention of probationary status for tenure and must submit an application for tenure in the sixth tenure probationary year to be considered for tenure. In the event that an eligible administrative employee does not submit an application for tenure in the sixth probationary year, such employee shall receive a terminal contract for the next subsequent academic year at the discretion of the President.

   9. Removal From Office of a Department Chairperson

      Removal of a departmental Chairperson from office may be initiated by vote of a two-thirds majority of all probationary and tenured faculty members of the department, or by the Dean of the College after consultation with members of the department and the Provost/Vice President for Academic Affairs. The President shall make any final decision with respect to removal of a departmental Chairperson. In the event of removal from office, a departmental Chairperson shall be entitled to return to his/her department to assume faculty responsibilities at his/her then current faculty rank, although continuation in such position is subject to other provisions in these regulations concerning reassignment, modification of compensation, tenure, or other terms specified in these regulations or in any applicable collective bargaining agreement. The President may establish guidelines, concerning the removal of a Chairperson from office.

4. Reassignment, Nonrenewal, and Termination

   1. Reassignment

      1. University faculty and administrative employees may be reassigned by the President without notice in advance. The President shall consult with the Board Chairperson prior to the reassignment of a Provost or a Vice President. Employees, other than employees with a temporary appointment (including employees whose appointment is supported by grant or contract funds), who are reassigned shall receive written notice of any reduction in monthly compensation, such reduction shall be at the sole discretion of the President, as follows:
         1. in the first three years of employment at the University, not later than one (1) month prior to the effective date of reduction in monthly compensation; and
         2. in the fourth or subsequent year of employment at the University, not later than three (3) months prior to the effective date of reduction in monthly compensation.
      2. Unless an employment contract specifies otherwise, the Board may reassign the President without notice in advance. Unless an employment contract specifies otherwise, the President who is reassigned shall receive written notice of any reduction in monthly compensation as follows:
         1. in the second or subsequent year of employment as President, not later than six (6) months prior to the effective date of reduction in monthly compensation
         2. This paragraph (a) does not apply to the removal from office of Chairpersons.

   2. Termination with Notice and Nonrenewal of Contract

      1. The President shall be employed by and serve at the pleasure of the Board unless the employment contract specifies otherwise. If the President agrees, the Board may accept a resignation in lieu of termination or nonrenewal of the President's contract without stated reasons. Unless the employment contract specifies otherwise, the President shall receive written notice of nonrenewal, signed by the Chairperson of the Board, not later than six (6) months prior to the final date of employment specified in the notice.
      2. Other employees, except those with a temporary appointment (including employees whose appointment is supported by grant or contract funds), shall receive written notice of nonrenewal signed by the President as follows:
         1. in the first three years of employment at the University, not later than one (1) month prior to the final date of employment specified in the notice or an immediate termination with severance pay equal to one month’s salary;
         2. in the fourth through ninth years of employment at the University, not later than three (3) months prior to the final date of employment specified in the notice or an immediate termination with severance pay equal to three months’ salary; and
         3. in the tenth or subsequent year of employment at the University, not later than six (6) months prior to the final date of employment specified in the notice or an immediate termination with severance pay equal to six months’ salary.
         4. notice provisions regarding non-renewal of contracts have no application to separations during an employee's probationary period.
      3. Employees whose contracts are not renewed in accordance with this paragraph (b) shall not be entitled to invoke the procedures for hearing provided in paragraph (c), below. If such employees have academic rank (but not tenure) they shall not be entitled to return to a teaching position. If such employees have academic rank with tenure, they shall be entitled to return to a teaching position but not at his/her administrative salary. Unless an employment contract specifies otherwise, the starting salary for such teaching positions shall be at the sole discretion of the President, or in the case of the President at the sole discretion of the Board, with the exercise of such discretion to be made after consultation with the Dean of the College where the employee will be assigned to teach. The provisions for prior notice set forth in this paragraph (b) shall not be applicable in cases involving termination for cause, in which cases the procedures specified in paragraph (c), below, shall apply. The President shall consult with the Board Chairperson prior to issuing a written notice of termination to a Provost/Vice President. This paragraph (b) does not apply to the removal from office of Chairpersons.

   3. Termination for Cause

      1. Employees Covered by a Collective Bargaining Agreement
         
         Termination of a tenure appointment at any time or of a probationary, temporary, or other nontenure appointment before the end of the specified term shall be governed by the appropriate collective bargaining agreement or written employment contract.
      2. Employees Not Covered by a Collective Bargaining Agreement
         
         Termination of employees not covered by a collective bargaining agreement or other written employment contract before the end of any specified term of employment may be effected at any time for adequate cause after notice and an opportunity to be heard. Termination proceedings shall be initiated by the President, or in the case of the President by the Board. The President shall consult with the Board prior to the initiation of a termination proceeding against a Provost/Vice President of Academic Affairs.
         
         "Adequate cause" as used herein shall mean one or more acts or omissions which, singly or in the aggregate, have directly and substantially affected or impaired an employee's performance or fulfillment of his/her duties.
      3. A President being considered for termination by the Board shall be accorded the following:
         1. The President shall have the right to a hearing by the Board.
         2. Prior to issuance of a notice of intent to seek termination of a President, the Chair of the Board shall hold at least one (1) meeting with the President to discuss possible remedial actions by the President or to discuss settlement of the matter.
         3. Prior to the initial meeting, the Chair of the Board shall provide the President with a written statement of the purpose of the meeting, including an identification of the topics to be discussed.
         4. Additional meetings to discuss possible remedial actions by the President or to discuss settlement of the matter may continue until either the Chair of the Board or the President notifies the other in writing of his/her belief that further meetings will not be productive.
         5. Not later than six (6) months from the date of the first meeting (a time limitation that may be extended by agreement of the parties) the Board shall provide the President, in writing with one of the following:
            1. A statement that further action on the matter will not be pursued and that all references to it will be removed from the President's personnel file;
            2. A statement that further action on the matter will not be pursued at that time but that reference to it shall remain in the President's personnel file;
            3. Specification of any remedial actions to be taken by the President, the date by which the remedial actions are to be taken, the method to be used to evaluate whether the remedial actions have been successful, and a statement that no notice of intent to seek termination will be issued before evaluation of the remedial actions;
            4. The terms upon which the matter is to be settled; or
            5. A notice of intent to seek termination.
         6. If the Board issues a notice of intent to seek termination, the following procedure shall apply:
            1. A termination proceeding shall be initiated by the Board, providing a notice of intent to seek termination with a statement of reasons for termination to the President. The statement shall not be considered exhaustive, but is intended to fairly state a significant reason or reasons that led to the decision for termination. This shall constitute notice of the hearing and the written charges.
            2. During the proceedings the President may be assisted by a counselor or advisor of his/her choice, but the counselor or advisor may not speak for the President or otherwise actively participate in the proceeding. The President must sign any written submissions that are made indicating they are written or adopted by the President in full.
            3. A verbatim record of the hearing will be taken and a typewritten copy will be provided to the President. The burden of proof that adequate cause exists rests with the Board, and shall be satisfied only by a preponderance of the evidence in the record considered as a whole. The President will be afforded an opportunity to present witnesses and to confront and cross-examine all witnesses.
            4. A termination hearing shall be conducted within fifteen (15) working days after the Board establishes the hearing committee. The hearing shall not exceed three (3) working days, from 9:00 A.M. to 12:00 P.M. and 1:00 P.M. to 5:00 P.M., unless mutually agreed otherwise by the President and Board. The findings and recommendations of the hearing committee shall be reduced to writing and furnished to the Board, if the committee is not comprised of the Board as whole, and the President within ten (10) working days after the conclusion of the hearing. If the Board concludes that adequate cause has not been established by the evidence in the record, it will so report to the President. If the President or designated representative or Board rejects the report, he/she/it shall state the reasons for doing so in writing within ten (10) working days after receipt of the report to the hearing committee and the President and provide an opportunity for a written response. If the hearing committee concludes that adequate cause for termination has been established, it will so recommend, with supporting reasons in writing, to the President. If the hearing committee concludes that adequate cause for a sanction less than termination has been established, it will so recommend, with supporting reasons in writing, to the Board and the President.
      4. For all other employees, the University shall establish polices to afford reasonable opportunities for remediation, opportunities to resolve the concerns and opportunities for a review of the issue(s). Such policies shall take effect when approved by the President.
      5. Notice provisions regarding non-renewal of contracts have no application to separations during an employee's probationary period.

5. Suspension

   The President may suspend an employee from duty with or without pay when there is reason to believe the employee has been involved in criminal activity or in actions involving incompetence, moral turpitude, insubordination, dereliction of duty, or otherwise poses a threat to the campus community, pending the outcome of an appropriate investigation and evaluation.

6. Compulsory Medical Leave

   1. If the President believes an employee is unable to perform the essential functions of the position due to illness or injury, he/she may inform the employee in writing of the basis for such belief and require the employee to obtain a medical examination by a physician chosen and paid for by the University, or by a physician chosen and paid for by the employee who is acceptable to the President. The employee shall sign all appropriate releases permitting the physician and/or any entity possessing relevant medical records to provide the result to the University. Refusal of an employee to submit to a medical examination or to sign appropriate releases may result in suspension of the employee or other disciplinary action up to and including termination. The physician shall submit an opinion to the President, as to whether the employee: (1) has a physical or mental condition constituting a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact; or (2) has a physical or mental condition preventing the employee from performing the essential functions required by the position of employment. A copy of the physician's opinion shall be given to the employee. At the employee's discretion and expense, the President may obtain for consideration a second medical opinion. When obtaining such second opinions, the employee shall provide the medical professional with the duties required by the position of employment and the appropriate releases permitting the physician and/or any entity possessing relevant medical records to provide the results to the University. The physician shall submit an opinion to the President as stated above. These duties shall be attached to the medical opinion.
   2. In such circumstances, if the medical evidence indicates that the employee: (1) has a physical or mental condition constituting a health or other hazard to the employee, fellow employees, or others with whom the employee may come in contact; or (2) has a physical or mental condition preventing the employee from satisfactorily performing the essential functions required by the position of employment, the President may place the employee on compulsory leave consistent with applicable state and federal laws including those for employees where medical evidence shows the employee is disabled. The President shall notify the employee in writing of the duration of the compulsory leave period. Any earned leave credits shall be used during the compulsory leave period. That portion of the compulsory disability leave, if any, which is not covered by earned leave credits shall be without pay.
   3. After expiration of one-half of the compulsory disability leave period, the employee may, upon prior notice to the President, and at the employee's expense, seek a medical opinion from a physician acceptable to the President, as to the ability of the employee to return to work. The opinion shall contain the information required in Section 6.a above. If the opinion, which shall include reference to and attach the duties required by the position of employment, indicates the employee is able to return to work, the employee may return to work at a time mutually agreed upon between the employee and the employer.
   4. If, in the opinion of a physician chosen and paid for by the University, or of a physician chosen and paid for by the employee who is acceptable to the President, an employee is unable to return to work at the end of a compulsory disability leave, the President may: (1) extend the leave without pay; (2) request the employee's resignation; (3) terminate the employee's employment; or (4) take any other appropriate action.

7. Employee Benefits

   1. Application

      1. The benefits described in this paragraph 7. are applicable only to faculty and administrative employees who are not covered by a collective bargaining agreement.
      2. An employee with a full-time appointment shall be eligible to receive the benefits described in this paragraph 7. An employee whose appointment is at least half-time but less than full-time shall be eligible to receive such benefits on a pro-rated basis, provided that such employee shall not be eligible for educational leave or leave without salary.
      3. An employee who receives an appointment on an "acting" basis shall, if not prohibited by or inconsistent with a collective bargaining agreement, be eligible for the benefits described in this paragraph 7. during the term of his/her "acting" appointment.

   1. Full-Time Temporary Employee

      1. An employee hired specifically for a full-time temporary position shall, during the first fiscal year of such appointment, earn non-cumulative sick leave at the rate of ten (10) days per year (credited to the employee at the beginning of the appointment), shall be eligible for holidays, bereavement leave, and leave for court required service, but shall not be eligible for any other benefits provided by this paragraph 7. Such employee shall not receive any benefit for unused sick leave at the end of the fiscal year, or at the end of the appointment, whichever is earlier. If such appointment is at least half-time but less than full-time, the employee shall be eligible to receive the benefits listed in this paragraph (4) on a pro-rated basis.
      2. An employee hired specifically for a full-time temporary position, who is appointed to said position for more than one (1) consecutive fiscal year, shall be eligible for holidays, bereavement leave, and leave for court required service.
      3. In addition, effective at the beginning of the second consecutive fiscal year of such appointment, such employee shall become eligible for educational benefits, shall earn non-cumulative sick leave at the rate of one (1) day per month of appointment (credited to the employee at the beginning of the fiscal year), and, if employed on a twelve (12) month basis, shall earn vacation leave as specified in paragraph d. below. Employees whose appointment is supported at least fifty percent (50%) by grant or contract funds shall not receive any benefit for unused sick leave at the end of the fiscal year, or at the end of the appointment, whichever is earlier.
      4. If the foregoing appointment is at least half-time but less than full-time, the benefits listed in this paragraph (4) shall be provided on a pro-rated basis, and the employee shall not become eligible to earn the benefits listed in paragraph (b) above until the beginning of the third consecutive fiscal year of such appointment.
   2. Part-time faculty employees paid on a per-course basis and employees with appointments for less than half-time shall not be eligible for any benefits described in this paragraph 7.

   3. Vacation Leave

      1. Faculty and administrative employees with twelve (12) month appointments shall earn vacation leave at the rate of two (2) days per month during each month, or major fraction thereof, of service in pay status. Employees with less than twelve (12) month appointments shall earn no vacation leave. Vacation leave may be accrued up to a maximum of forty-eight (48) days. An employee who accrues the maximum will, except as provided below, earn no further vacation leave until the employee's use of vacation leave reduces the accrual below the maximum. An employee who is required to work on a special assignment may, at the discretion of the President be permitted to earn up to twelve (12) days of vacation leave beyond the maximum of forty-eight (48) days. Such additional vacation leave must be used within twelve (12) months after the employee completes work on the special assignment.
      2. Vacation leave shall ordinarily be earned before being taken. In exceptional circumstances, an employee may, at the discretion of the President or designated representative be permitted to take up to six (6) days of vacation leave before it is earned. In such case, the employee shall accrue no further vacation leave until the amount taken in advance has been earned. If the employee terminates his/her employment prior to earning the amount of vacation leave taken in advance, the unearned amount shall be deducted from his/her salary upon termination.
      3. All requests for vacation leave shall be submitted in advance to the immediate supervisor.
      4. Approval of the dates on which an employee wishes to take vacation leave shall be at the discretion of the immediate supervisor, and shall be subject to the consideration of maintaining efficiency of operations.
      5. Vacation Time Upon Termination of Employment
         1. (a) Upon termination of employment, and provided that the employee is not reemployed at the same place of employment within thirty (30) calendar days, an employee, or such employee's estate, shall be entitled to a lump sum payment for accrued vacation leave. Vacation time earned by an employee while employed in a position supported at least fifty percent (50%) by grant or contract funds is not compensable upon termination of employment.
         2. Vacation leave days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, accrued by the employee in accordance with paragraph (1) above and subtracting any days, or fractions thereof, used by the employee.

   4. Sick Leave

      1. An employee, while in pay status, shall earn non-cumulative sick leave at the rate of ten (10) days per year of employment, which shall be credited to the employee at the beginning of the employment year, starting with the first year of employment.
      2. An employee, while in pay status, shall earn cumulative sick leave at the rate of one and a half (1.5) days per month.
         
         After January 1, 1998, there shall be no limit on the amount of such leave that may be accumulated, provided that the total accumulation shall consist of the employee's total unused cumulative sick leave as of January 1, 1998 plus all unused cumulative sick leave earned after that date.
      3. An employee may use accumulated sick leave only when the employee is prevented from performing assigned duties because of illness, injury, pregnancy, or temporary disabilities, or is obtaining medical or dental consultation or treatment, or for special circumstances stipulated under the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., or the Bereavement Leave provision described in paragraph g. below. An employee not eligible for the FMLA may use up to twelve (12) days of earned sick leave per calendar year for absences resulting from the illness or injury of a parent, spouse, or child. Upon approval of the President or designated representative an employee may use additional accrued sick leave for such absences.
      4. Deductions of sick leave shall not be made during any Board approved holiday. One (1) day of sick leave shall be deducted for each day an employee is absent because of injury or illness. No more than five (5) days of sick leave shall be deducted in any one (1) calendar week.'
      5. Sick Leave Upon Termination of Employment
         1. Upon termination of employment, and provided the employee is not reemployed at the same place of employment within thirty (30) calendar days, an employee, or such employee's estate, shall be entitled to a lump sum payment for accrued sick leave earned after December 31, 1983 and before January 1, 1998. The lump sum payment for accrued sick leave shall be computed as the product of the employee's daily rate of compensation and one-half of the lesser of the following: (i) the number of days, or fractions thereof, of cumulative sick leave earned by the employee, in accordance with paragraph (2) above, minus any days, or fractions thereof, of cumulative sick leave used by the employee; or (ii) the number of days, or fractions thereof, of cumulative sick leave earned by the employee in accordance with paragraph (2) above after December 31, 1983 and before January 1, 1998. Non-cumulative sick leave days shall be used first, and cumulative sick leave days shall be used in the order in which they have been accrued. No lump sum payment shall be made for non-cumulative sick leave.
         2. An employee may waive payment for all or part of his/her eligible accrued sick leave (one-half of the employee's accumulated and unused sick leave earned after December 31, 1983 and before January 1, 1998) by executing an appropriate waiver form prior to termination of employment.
         3. An employee who has received a lump sum payment for accrued sick leave and who, within two (2) years, is reemployed by the University may, if separated in good standing, have his/her accrued sick leave restored if, within thirty (30) days after commencement of such reemployment, the employee repays said lump sum payment to the University. For each day of sick leave to be restored, the employee shall repay the gross amount he/she was paid for one (1) day of accrued sick leave. An employee may have part or all of his/her accrued sick leave restored in this manner; however, if the employee does not make any such repayment to the University, he/she shall not be entitled to have any such sick leave so restored.
      6. The University reserves the right to require acceptable evidence of illness or disability with respect to the use of sick leave.
      7. The payment for qualifying accrued sick leave after employee's death, retirement, resignation, or other termination of service provided by Public Act 83-976 and 30 ILCS 105/14a of the State Finance Act, 30 ILCS 105/1 et seq., shall be for sick leave days earned on or after January 1, 1984 and before January 1, 1998. Sick leave accumulated on or after January 1, 1998 is not compensable under this Section at the time of the employee's death, retirement, resignation, or other termination of service, but may be used to establish retirement system service credit as provided in the Illinois Pension Code, 40 ILCS 5/1-101 et seq.
      8. Beginning January 1, 1998, sick leave used by an employee shall be charged against his/her accumulated sick leave in the following order: first, sick leave accumulated before January 1, 1984; then sick leave accumulated on or after January 1, 1998; and finally sick leave accumulated on or after January 1, 1984 but before January 1, 1998.
         
         (Source: P.A. 87-384; 87-721; 87-895; 87-1234.)

   5. Holidays

      1. All University facilities will be closed except for necessary operations on the following principal holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day, and two (2) supplemental holidays designated as the day before or after New Year's Day and the day before or after Christmas Day, unless it is necessary to change these days for purpose of academic calendar.
      2. Supplemental holidays will be observed on days designated by the President but shall be limited to work days, except Saturday and Sunday, immediately preceding or following the observance day of the respective principal holiday.
      3. Principal holidays which fall on a Saturday shall be observed on the preceding Friday; principal holidays which fall on a Sunday shall be observed on the following Monday.
      4. Employees will be excused with regular pay on said holidays unless otherwise determined by the President.
      5. Employees who are required to work on an observed holiday shall be granted, by mutual agreement between the employee and the employer, paid time away from work equivalent to the number of hours worked on the holiday.

   6. Bereavement Leave

      1. Leave with pay of three (3) consecutive days per occurrence, to be taken within a period of five (5) consecutive work days commencing with the date of occurrence, will be granted to an employee in the event of the death of the employee's husband, wife, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-law, daughter-in-law, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew, or first cousin, or a member of the employee's immediate household. Bereavement leave shall be taken in not less than one-half day increments and may not be accumulated.
      2. Bereavement leave of longer duration than set forth above may be approved under special circumstances by the President or designated representative and will be deducted either from vacation leave or sick leave at the employee's choice, provided an accrual balance is available.

   7. Family and Medical Leave

      The stated purpose of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601, et seq., is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity and to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. According to the FMLA, this purpose is to be accomplished in a manner that accommodates the legitimate interests of employers and that is consistent with the laws involving equal protection and employment discrimination. The University shall establish a policy that is consistent with this purpose.

   8. Educational Leave

      Faculty sabbatical practices are detailed in collective bargaining agreement(s).
      
      For administrative and professional employees:
      
      An employee may apply for an educational leave after having completed a period of five (5) continuous full-time years of service at the University as long as such leave may not result in an increase in net salary costs to the employee’s administrative unit or division. Any request must align with the University’s mission and institutional priorities and be supported by an employee’s immediate supervisor and Vice President. The President may exercise his/her discretion in granting or denying any request. If granted, acceptance by the employee will require execution of a written agreement that s/he will return to the University following the leave for full-time service of at least one year or, in default, refund any salary paid during the leave. The President shall consult with the Board prior to granting an educational leave to a Provost/Vice President.

   9. Leave Without Salary

      1. An employee may apply for a leave without salary. Ordinarily, such leave may be granted only after the employee has completed at least two (2) consecutive years of full-time service at the University.
      2. A leave without salary may be granted at the discretion of the President following a determination that the employee intends to return to service at the end of such leave. The initial grant of a leave without salary may be for a period of up to one (1) calendar year. The leave may be extended upon the agreement of the President for a period of up to two (2) successive calendar years.
         
         An administrative employee may not rescind a leave without salary or leave extension later than sixty (60) days prior to the approved beginning date of the leave or leave extension.
      3. An application for leave without salary shall ordinarily be submitted to the individual's immediate supervisor in sufficient time to allow receipt by the President at least three (3) months prior to the starting date of the requested leave. The application must state the purposes of the leave and the time period for which the leave is requested. The reasons for which a leave without salary may be requested are: (a) personal, (b) research, (c) advanced study, or (d) professional development.
      4. Upon return to the University from a leave without salary, an employee's salary shall be adjusted to reflect non-discretionary increases that the employee would have received if not on leave.
      5. While on leave without salary, an employee shall retain accrued sick leave and vacation leave earned prior to the commencement of the leave without salary, but shall not earn additional sick leave or vacation leave.
      6. An employee on leave without salary may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.
      7. Time spent by an employee on a leave without salary shall not be creditable for the purpose of determining eligibility for educational leave.

   10. Educational Benefits

       1. An employee may enroll at the University for a maximum of two (2) courses, or six (6) credit hours, whichever is greater, in any academic term with exemption from the payment of tuition and fees. The fees waived by the University include registration, application fees, credit evaluation fees, admission fees, activity fees, graduation fees, textbook rental fees and other service fees, such as those imposed to secure revenue for bond retirement.
          
          The following course and semester hour maxima shall apply to employees who enroll in courses at the University:
          
          

          Employee Status	Academic Term (the greater of:)
          Full-time employee	6 sem. hrs. or 2 courses
          3/4 time employee	4 sem. hrs or 1 course
          1/2 time employee	3 sem. hrs or 1 course

          
          These maxima are employee benefit limitations and do not apply to enrollment in approved work-related training programs, the purpose of which is to improve service.
       2. Employees are encouraged to enroll in courses having scheduled class hours outside their scheduled work hours. For courses held during the employee's work schedule, the employee may be excused to attend classes subject to a maximum of four (4) clock hours per week or the number of clock hours required to attend one (1) course, whichever is greater. Requests for excused absences to attend class must be submitted to the supervisor for approval prior to enrollment and request for waiver of tuition and fees. When such approval is granted, employees shall make up the time at the discretion and approval of the supervisor by: (i) working outside of regularly scheduled hours during the work week in which the excused absence occurs, or (ii) deducting the time spent in class from the employee's accumulated vacation leave. Overtime shall not be earned for make-up time under (i) above.
       3. The natural, adopted, foster, and step-children and the spouse of full-time employees (including employees on sick leave or compulsory disability leave) who dies while in service at the University shall be entitled to a waiver of tuition and fees (as defined in paragraph (1) above) up to and including the baccalaureate degree at the University. Should both parents be full-time employees, the death of one parent makes the child eligible for the waiver of tuition and fees. Children of a deceased employee who is divorced shall be eligible for a waiver of tuition of fees if such employee was contributing to the children's support at the time of the employee's death.
       4. An employee who has retired from the University may enroll at the University for a maximum of one (1) course, or three (3) semester hours, whichever is greater, in any one academic term with the exemption from payment of tuition and such fees as may be waived in accordance with paragraph (1) above.
       5. See Board Regulations Section IV.B.2.a. and the applicable section of Eastern Illinois University Law at 110 ILCS 665/10-90 for provisions governing the award of 50% tuition waivers to the children of seven (7) year or more employees.

   11. Administrative Leave

       The following provisions shall apply only to persons employed in positions referred to therein as of September 22, 1977.
       1. In the event that the President, the Vice Presidents, or administrative officers holding the title of Dean, Associate or Assistant Dean, Department Chairperson, Director or Registrar elect to terminate employment in those positions, they shall be eligible, upon approval by the Board (following recommendation of the President) to receive a six (6) month leave at full pay or a twelve (12) month leave at half pay if they meet all the following criteria at the time of retirement:
          1. they do not continue in a tenured teaching appointment at the University;
          2. they have been in one or more of the aforementioned positions for a period of at least ten (10) years prior to retirement; and
          3. they have not had a sabbatical or educational leave during the ten (10) years immediately preceding retirement.
       2. In addition, individuals employed in positions specified in paragraph (1) above may be afforded continued employment as follows:
          1. Vice Presidents who elect to terminate employment in those positions in accordance with paragraph (1) above may, upon recommendation by the President and approval by the Board, be reassigned on a year-to-year basis to teaching positions in the departments (or equivalent academic units) in which they hold rank, if any, with the approval of the departments (or equivalent academic units) involved. Approval of the departments (or equivalent academic units) involved shall not be required for persons holding tenure immediately prior to termination of employment in an administrative position listed above.
          2. Administrative officers holding the title of Dean, Associate or Assistant Dean, Department Chairperson, Director or Registrar who elect to terminate employment in those positions in accordance with paragraph (1) above may, upon recommendation by the President and approval by the Board, be reassigned on a year-to-year basis to teaching positions in the departments (or equivalent academic units) in which they hold rank, if any, or to other positions for which they are qualified, with the approval of the departments (or equivalent academic units) involved. Approval of the departments (or equivalent academic units) involved shall not be required for persons holding tenure immediately prior to termination of employment in an administrative position listed above.

   12. Alternative Benefits for Coaches

       The following provisions shall apply only to coaches, who for purposes of this subsection are defined as temporary administrative employees appointed for terms of not longer than twelve (12) months, and more than half of whose assignment is coaching intercollegiate athletics.
       1. Notwithstanding any of the other benefits provisions of these Regulations, coaches may be given an appointment entitling them to the employee benefits described in Section II.A.9. and Section II.B.7. above, (subject to the requirements thereof concerning application and eligibility), but with the following exceptions:
          1. Instead of the vacation leave described in Section II.B.7.a., coaches appointed hereunder shall be entitled to earn vacation leave at the rate of two (2) days per month during each month or major fraction thereof, of service in the pay status. Vacation leave may be accrued up to a maximum of twenty-four (24) days. An employee who accrued the maximum will earn no further vacation leave until the employee's use of vacation leave reduces the accrued below the maximum. There shall be no lump sum payment or other benefit provided to such coaches for unused vacation leave at the end of their term of appointment.
          2. Instead of the sick leave described in Section II.B.7.c., coaches appointed hereunder shall be entitled to cumulative sick leave of one day per month of appointment (credited at the beginning of the appointment). There shall be no lump sum payment or other benefit provided to such coaches for unused sick leave at the end of their term of appointment.
          3. Vacation leave privileges shall be effective July 1, 2001.