Sick Leave Accrued (formerly Sick Leave)

The Sick Leave Accrued policy is designed to provide position and salary continuation in the event of illness or injury.

This policy applies to regular full-time, regular part-time and limited service staff members.

612.1 ACCRUAL

Staff members accrue sick leave in accordance with the following:

Sick leave is accrued monthly and is available for use by the staff member the month following the month of accrual.

When hired on or before the 15th of the month, a full month's accrual will be credited for the first partial month of employment.  When hired after the 15th of the month, there is no leave accrual until the following month.

A staff member may not have a balance at any time that exceeds the maximum accrual.  If a staff member's balance is at the maximum, the staff member will not accrue any additional sick leave until the staff member's sick leave balance has been reduced through usage.  Hours will not be retroactively accrued and credited to the staff member's sick leave balance.

612.2 NOTIFICATION

A staff member or his/her designee should notify his/her supervisor as soon as he/she knows that he/she will be unable to work, but no later than the start of the staff member's scheduled work day. A staff member must notify his/her supervisor on each day of absence unless other arrangements have been made or the sick leave is being used under an approved Family and Medical Leave (Policy 631). Failure to provide proper notice may result in disciplinary action.

612.3 USAGE

Exempt monthly-paid staff members may take sick leave in either full-day (i.e., eight (8) hour) or half-day (i.e., four (4) hour) increments.  Non-exempt weekly-paid staff members may take sick leave in 15-minute increments.

All sick leave requests must be entered into Workday as soon as possible.  After the staff member enters the request into Workday, Workday automatically routes the request to the next level of approval(s).  If the staff member is unable to do so, his/her supervisor may enter the sick leave request into Workday on behalf of the staff member.

Accrued sick leave may be used for the following reasons: 

1. Medical diagnosis, care, treatment, or preventive medical care of the staff member’s own physical or mental illness, injury, or health condition; or

2. Medical diagnosis, care, treatment, or preventive medical care of a family member’s* physical or mental illness, injury, or health condition; or

3. Absences necessary due to domestic abuse, sexual assault, or stalking provided the leave is to allow the staff member or a member of the staff member’s family to obtain: 
a. Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;
b. Services from a victim services organization;
c. Psychological or other counseling;
d. Relocation due to domestic or sexual violence or stalking; or
e. Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic or sexual violence or stalking.

Sick leave of up to five (5) days per calendar year may be used for a member of the staff member’s family* for the reasons outlined above or for paternity, adoption and foster care, and for health care provider appointments when it is not possible to schedule them during non-working hours. Sick leave used for health care provider appointments should be requested and approved in advance by the staff member’s immediate supervisor.  Supervisors should determine and communicate to staff how much advance notice they require. 

Staff members using sick leave for absences due to domestic abuse, sexual assault or stalking for themselves or a family member are required to submit appropriate documentation as outlined in the University’s Domestic or Sexual Violence Policy .

*For purposes of this policy, family member is defined as a:

• Biological, adopted or foster child, stepchild or legal ward or a child to whom the staff member stands in loco parentis;
• Biological, foster, stepparent or adoptive parent or legal guardian of the staff member or a staff member’s spouse or a person who stood in loco parentis when the staff member was a minor child;
• Spouse;
• Grandparent or spouse of a grandparent;
• Grandchild;
• Biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling; or
• Life Partner (as defined in section 9-1102 of the Philadelphia Code).
  

Sick leave is provided for the reasons stated in this policy and may not be used for other purposes. Sick leave may not be taken prior to accrual.

Sick leave benefits used intermittently or for three (3) days or more due to a serious health condition shall run concurrently with Family and Medical Leave (FML) Policy 631, if applicable.

When a staff member has been out on sick leave for more than three (3) consecutive work days, he/she may be required to submit documentation from the treating physician or health care provider certifying the medical necessity for the absence and the expected date of return to work. If the staff member already has provided a certification and application for FML leave covering the same period, this shall suffice.  Additionally, when a staff member has been out on sick leave for more than three (3) consecutive work days, he/she enters a leave of absence (FMLA) request into Workday.   If the staff member is unable to do so, his/her supervisor may enter the leave request into Workday on behalf of the staff member.  Refer to Family and Medical Leave Act (FMLA) – Policy 631.  

Staff members using sick leave are prohibited from working either in the workplace or at any other location, including the employee’s home, whether for the University or otherwise.

When a staff member has been out on sick leave for more than three (3) consecutive work days, he/she may be required to submit documentation from the treating physician or health care provider certifying the staff member’s fitness to return to work, prior to his/her reporting back to the workplace.

The University reserves the right to require that the staff member submits to independent examinations by a health care provider of the University’s choosing for continuation of payments under this policy.

612.4 PART-TIME AND LIMITED SERVICE STAFF MEMBERS

Regular part-time staff members accrue sick leave on a prorated basis, based on the percentage of a full-time schedule worked.

Limited service staff members accrue sick leave only for the months that they are working at Penn.

612.5 POSITION/SALARY CONTINUATION

A staff member who properly uses the provisions of this policy is entitled to return to a similar or equivalent position without reduction in salary or loss of service credit. However, if a staff member has exhausted all available sick leave and PTO, his/her employment may be subject to termination unless he/she qualifies for and receives short-term disability, Family Medical Leave, a leave of absence without pay, and/or a leave as an accommodation under the Americans with Disabilities Act. Note that a leave of absence without pay is subject to the approval of the individual’s department in consultation with Human Resources, if a staff member is not eligible for or has exhausted his/her FML/STD benefits.

Normally staff members returning from medical leave will be reinstated to the same or an equivalent position, with equivalent pay, benefits and other terms and conditions of employment. Failure to return to work once all paid leave and unpaid FML have been exhausted may result in termination of employment. However, at times, departments, schools and/or centers may restructure due to changing business and operational needs and the need to continually enhance programs and services. These restructuring initiatives may result in position discontinuations, even positions held by staff members out on FML or other types of leaves. If a staff member on FML has his/her position discontinued, he/she will be given at least 30 days written notice of the position discontinuation and will be informed of any applicable benefits that he/she may be eligible to receive under the Position Discontinuation and Staff Transition Program (Policy 628).

612.6 SICK LEAVE CREDIT

Staff members who are eligible for up-front sick leave (see Policy 613) and who transfer or are reclassified to positions that are eligible for accrued sick leave under this policy will carry forward their unused up-front sick leave, up to 176 hours.  Staff members will accrue sick leave in accordance with this policy and will be subject to the short-term disability provisions outlined in Policy 404 - Short-Term Disability (STD).

612.7 UNIVERSITY STAFF WHO ARE COVERED BY COLLECTIVE BARGAINING AGREEMENTS

University staff members who are covered by collective bargaining agreements should refer to the appropriate contract article.

612.8 STAFF WORKING IN OTHER JURISDICTIONS

The benefits and policies for University of Pennsylvania staff members who work in locations outside of the Commonwealth of Pennsylvania may be different from the benefits and policies set forth in this policy. Staff members working outside the Commonwealth of Pennsylvania should contact Human Resources for more information.

Policy Number: 612
Effective Date: 07/01/2016
Last Reviewed: 06/11/2019
Revised Date: 07/01/2019
Supersedes Policy Number(s): 612 (Sick Leave 11/01/1998, 01/12/1999, 12/11/2001, 04/01/2009, 05/13/2015, 07/01/2015)
Applicability: Regular full-time, regular part-time and limited service staff members
Cross-reference: Short-Term Disability - Policy 404,  Long-Term Disability – Policy 405, Attendance – Policy 603,  Paid Time Off – Policy 607, Leave of Absence Without Pay – Policy 616,  Termination – Policy 629, Family and Medical Leave Act (FMLA) – Policy 631, Limited Service Staff Members – Policy 115, Temporary Staff – Policy 114

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