ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 4 A (1) DATE: February 20, 2019 ****************************************************************************** SUBJECT BOR Policy 4:X Modified Duties Policy CONTROLLING STATUTE, RULE, OR POLICY None BACKGROUND / DISCUSSION The PLAN Grant committee has proposed a modified duties policy and has asked BOR staff to forward their proposal through the appropriate vetting process. Their drafted proposal can be found in Attachment I. I have modified the original to put in proper BOR Policy format and also to include parameters that allow administrators to manage these requests and still provide an avenue for faculty to adjust their schedule as qualifying life events occur. This is a first draft and I would anticipate there will need to be changes incorporated. This policy has been introduced to HR leadership as well, who have some concerns that this policy is only available for faculty versus all employees, and that it may create confusion with existing rights with FMLA and leave usage. IMPACT AND RECOMMENDATION BOR staff is seeking feedback from AAC on the introduction of a policy like this and should be prepared to discuss the following issues: 1. Should this only occur for when a faculty member is a primary caregiver, versus their own illness or injury? a. FMLA sick leave is available as is sick leave when it is their own injury or illness. 2. Should there be a limit the number of times an individual can use this during their employment? 3. Should this be available to lecturers, research faculty, clinical faculty, and so forth? a. If schedules are being adjusted for lecturers, what other duties can they absorb if their whole workload is teaching? Transition to online instruction? (Continued) ****************************************************************************** INFORMATIONAL ITEM
BOR Policy 4:X February 20, 2019 Page 2 of 2 4. Is this truly a modified full-time schedule, or should this result in modified percent time? 5. If approved, would AAC want or need to establish guidelines for the details? There are some concerns on when medical documentation needs to be provided and how that is asked for. 6. If both parents are employed, can they take time concurrently? ATTACHMENTS Attachment I PLAN Grant Proposed Policy Attachment II Proposed Modified Duties Policy
ATTACHMENT I 3 DRAFT LANGUAGE PROPOSED BY PLAN GRANT COMMITTEE BOR Policy 4.1, added as 4.1.4.C at the end of the current policy Purpose: To provide full-time faculty with some relief from academic duties and the opportunity to respond to anticipated or unanticipated life events or situations when needed. Eligibility: All full-time tenured, tenure-track, clinical or research faculty members, librarians, instructors and lecturers of either gender. Eligibility begins on date of hire. Full-time faculty members are eligible for a modified duties semester which may occur during the fall or spring semester of an academic year. Alternatively, the equivalent of one semester of modified duties may be distributed over two semesters. Option A: Automatic in cases of childbirth, stillbirth or adoption 1. Notification using Modified Duties Semester form and documentation is required. (Letters of request and certification documents should not include any specific information regarding medical history of the faculty member or a family member, including specific manifestation of diseases and disorders.) 2. Birth/adoptive mother or primary caregiver is released from onsite duties such as classroom teaching, clinical field placement, teaching, research or clinical laboratory duties, on-site librarian duties, student advising and committee work 3. Birth/adoptive father or secondary caregiver duties defined in consultation with academic unit head; may include partial or complete release from onsite duties. 4. Not required to take modified duties Option B: Requested in other circumstances 1. Request, justification and documentation is required (Letters of request and certification documents should not include any specific information regarding medical history of the faculty member or a family member, including specific manifestation of diseases and disorders.) 2. Modified duties defined in consultation with academic unit head with the expectation that the needs of the faculty member will be met Basic Principles guiding this policy include: 1. Modified duties are designed to provide sufficient time and flexibility for faculty to respond to his/her personal or family circumstances as necessary 2. In case of birth or adoption, modified duties must be concluded within 12 months of life event. Faculty members are still eligible if life event occurs during summer months 3. Faculty not required to "bank" duties: courses, advising, committee work, etc. 4. Unit should provide reasonable resources to facilitate modified duties 5. Faculty should notify the department chair or dean as appropriate four months prior to modified semester or as early as possible 6. Faculty should not be penalized for using this policy 7. Faculty may appeal denial of modified duties semester request to the Provost 8. Policy does not replace FMLA, other leave or long-term disability
SOUTH DAKOTA BOARD OF REGENTS Policy Manual ATTACHMENT II 4 SUBJECT: Faculty Modified Duties NUMBER: 4 - X A. PURPOSE To provide full-time tenure-track and tenured faculty with modified duties when the faculty member is experiencing a significant life in which they need to provide care for a family member of whom they are the primary caregiver. B. DEFINITIONS 1. Eligible Faculty: Tenured and tenure-track faculty members of a University. 2. Primary Caregiver: Individual with primary responsibility for the care of a child, stepchild, foster child, spouse, parent or stepparent. 3. Modified Duties: Full-time work assignment that alters the faculty member s work duties to provide flexibility. C. POLICY 1. Eligible Life Events Eligible faculty may request modified duties in the following circumstances: 1.1. The birth, adoption or placement of a child; or, 1.2. The illness, injury or disability of an individual for which the faculty member is the primary caregiver; 2. Requesting Modified Duties 2.1. Eligible faculty members shall submit a request for modified duties to their supervisor prior to the semester in which modified duties are being requested. 2.2. The request for modified duties shall be within a 12 month period of the qualifying event. 2.3. If a foreseeable event will occur during the middle of a semester, the faculty member can request modified duties for either the semester which the event occurs or the following semester. 2.4. The faculty member may be required to provide supporting medical documentation to the university s human resources department. Policy Title X:XX
ATTACHMENT II 5 2.5. The dean or department head will evaluate the request, and determine if modified duties can be accommodated. 2.6. Approval for the modified duties must be approved by the Provost of the university. 2.7. If the modified duties request is denied, the reasons for denial shall be presented in writing to the faculty member. 3. Modified Duties Guidelines 3.1. The period of modified duties will be for up to one semester. 3.2. Modification of duties shall not result in additional duties during the subsequent semester. 3.3. If approved, the faculty and dean or department head will establish a modified duties agreement which will be placed in the faculty s personnel file. 3.4. The faculty member cannot be employed at another entity during the period of modified duties, nor can the flexible time be used for extensive professional travel or other professional activities (including internal and external activities) that do not meet the goals of the policy. 3.5. Faculty modified duties is not an employee benefit or leave as defined under the Family and Medical Leave Act (FMLA). Policy Title X:XX