The university offers paid leaves and unpaid leaves to staff in accordance with this policy.

The university offers the following kinds of paid leave:

• annual leave
• sick leave
• bereavement leave
• jury duty leave
• leave for assignments with Temple Square performing groups
• medical maternity leave
• parental leave
• short-term disability leave
• long-term disability leave

Annual Leave

The university provides paid annual leave for all full-time staff. Employees may use annual leave to take time away from work for rest and renewal, to spend time with family, or to attend to personal matters. Employees are encouraged to take five consecutive days of annual leave at least once each year. Employees must schedule annual leave prior to taking the leave.

Employees may not take annual leave before it is earned. The amount of annual leave that may be earned each year (Accruable Annual Leave) and the hours of leave employees earn each pay period worked (Accrual Rate) vary according to the employee’s years of service and their designation as non-exempt or exempt staff.

New full-time staff receive 40 hours of their annual leave accrual when hired, which they may use, with their supervisor’s approval, after their first pay day. The remainder of the employee’s annual accrual will be spread out over their first twelve months of employment (see table below). Thereafter, annual leave accrues at the regular rate with each two-week pay period worked by non-exempt staff or each monthly pay period worked by exempt staff. The Accruable Annual Leave and Accrual Rates for full-time staff are based on their years of service as follows:

An employee’s annual leave balance may never exceed 200 percent of the employee’s Accruable Annual Leave. Employees who have accrued 200 percent of their Accruable Annual Leave cannot earn more leave until annual leave is taken and their annual leave balance falls below the 200 percent cap.

Annual leave hours continue to accrue while the employee is using paid leave, but they do not accrue while the employee is on unpaid leave or on long-term disability.

When an official university holiday falls within an employee’s annual leave period, the holiday is not annual leave and does not reduce the employee’s annual leave balance.

An employee who qualifies for sick leave while on annual leave may substitute sick leave for annual leave with supervisor approval. (See Sick Leave section below).

Upon termination, an employee receives payment for all accrued annual leave. The annual leave payout is calculated using the employee’s pay rate at the time of termination. Annual leave may not be used to extend a termination date.

Annual leave is not portable between BYU and other employers affiliated with The Church of Jesus Christ of Latter-day Saints.

Sick Leave

The university provides paid sick leave for all full-time staff. Employees may take sick leave for an illness or injury or for medical examinations and other preventative medical care, either for the employee or for an immediate family member living in the employee’s home. With supervisor approval, an employee may also use sick leave to care for a parent or parent-in-law not living in the home.

Sick leave is not an entitlement to be used without actual need. Management may require medical certification to verify that sick leave is taken for an illness, injury, or medical care within the purposes of this policy.

Employees may not take sick leave before it has accrued. Eligible employees may accrue up to twelve days (96 hours) of sick leave per year (Annual Accruable Sick Leave). Newly hired full-time staff receive 40 hours of sick leave upon hiring, which they may use after their first pay day. Thereafter, sick leave accrues with each two-week pay period worked by the non-exempt employee, or each monthly pay period worked by the exempt employee, as follows:

An employee’s sick leave balance may never exceed 480 hours. An employee who has accrued 480 hours of sick leave cannot earn more until sick leave is used and the employee’s sick leave balance falls below 480 hours. Upon retirement or termination, any accrued sick leave is not paid out.

Sick leave continues to accrue while the employee is using other forms of paid leave, but it does not accrue while the employee is on unpaid leave or long-term disability.

Sick leave that continues beyond five consecutive working days must be reported to the university leaves manager to determine whether the employee qualifies for disability leave and/or Family and Medical Leave (see Short-Term Disability Leave, Long-Term Disability Leave, Family and Medical Leave sections below).

Sick leave is not portable between BYU and other employers affiliated with The Church of Jesus Christ of Latter-day Saints.

Using Annual and Sick Leave with Workers’ Compensation

Employees who are receiving workers' compensation Temporary Total Disability benefits may not use annual or sick leave to supplement those payments. In addition, employees do not accrue leave while on Temporary Total Disability. Employees receiving Temporary Partial Disability benefits accrue leave at prorated amounts. Employees who are participating in transitional work accrue leave at their usual rates unless they are working less than full time, in which case leave hours are accrued on a prorated basis.

Annual or sick leave may be used to offset the loss of income during the waiting period under workers' compensation laws between an on-the-job injury and payment of lost-time benefits, but only if the employee returns to regular or transitional work before becoming eligible for lost-time benefits under workers' compensation laws.

Bereavement Leave

The university provides eligible full-time employees paid bereavement leave for absences related to the death of an immediate family member.

An employee may take paid bereavement leave according to the following schedule:

An employee who wants to take additional leave time in connection with the death of a relative or who wants to take leave to attend the funeral of an individual not identified in the list of relatives identified above must request approval to use available annual leave or request personal leave without pay (see Personal Leave section below).

At the discretion and approval of the supervisor, an employee may attend the funeral of a university colleague during regular working hours. The supervisor determines whether the individual must make up the time.

Jury Duty Leave

Employees called to jury duty or subpoenaed as a witness are granted time off to fulfill those responsibilities. Full-time employees receive full pay for the time they are absent from work and may retain any compensation paid by the court. Employees appearing in court for other reasons must request permission to use available annual leave or to take unpaid personal leave as permitted by this policy.

Leave for Assignments with Temple Square Performing Groups

Full-time BYU employees who are members of the Tabernacle Choir at Temple Square, the Orchestra at Temple Square, or the Chorale at Temple Square receive paid leave when they are absent from work on assignment with their respective Temple Square performing groups. Further details are available from Human Resources.

Medical Maternity Leave

The university provides paid maternity leave to full-time staff for six consecutive weeks immediately after the employee gives birth. This benefit is available upon hire. The purpose of maternity leave is to allow the employee to recover from childbirth; consequently, it does not apply to adoption, foster care, or to an employee whose spouse gives birth. No work may be performed while on medical maternity leave. Employees applying for medical maternity leave must complete the Medical Maternity Leave Request at least 30 days before the child’s due date.

If the employee is eligible for unpaid leave under the Family and Medical Leave Act (FMLA), the employee’s FMLA leave runs concurrently with any medical maternity leave taken. Eligible employees may take FMLA leave at any time during the 12 months immediately following the birth of their child, but any FMLA leave taken for this purpose after the first six weeks immediately following childbirth is ineligible for paid medical maternity leave. [See Family and Medical Leave (FMLA) section below.] A holiday that falls within the maternity leave period does not extend the leave. All requests to extend medical maternity leave that are not protected by the FMLA or other applicable law are considered in light of current staffing needs.

Parental Leave

The university provides six weeks of paid parental leave to full-time staff for the birth of the employee’s child or for placement of a child with the employee for adoption or foster care. The purpose of parental leave is to provide an employee time for parental bonding with the employee’s new child. Parental leave is in addition to medical maternity leave, and an employee who qualifies for both may take a total of 12 weeks’ paid leave in the 12-month period immediately following childbirth. No work may be performed while on parental leave. Employees applying for parental leave must complete the Parental Leave Request at least 30 days before the child’s due date.

Parental leave may be taken any time within the first 12 months following the birth of the employee’s child or the placement of an adopted or foster child in the employee’s home. If desired, parental leave may be divided into two increments of three weeks each. Employees who foster children and anticipate multiple placements in a year may use paid parental leave in increments of one week per placement (regardless of the number of children placed at one time), not to exceed a total of six weeks of paid parental leave annually. Multiple births or placements occurring at the same time do not increase the number of days available for paid parental leave. A holiday that falls within the parental leave period does not extend the leave.

Disability Leave

An eligible full-time employee is granted disability leave if the employee is unable to work for an extended period due to an eligible illness, injury, surgery, or disability (Qualifying Disability). The university provides a short- and long-term disability benefit at two-thirds pay during the disability leave.

Short-Term Disability Leave

Short-term disability leave is available to full-time staff who are unable to work for a period between eight and 45 calendar days due to a Qualifying Disability. The short-term disability benefit begins on the eighth day of the employee’s inability to work or upon completion of the application requirements for participation in the short-term disability plan, whichever is later. Employees may use their accrued sick leave to provide income until they qualify for short-term disability leave. If sick leave runs out or is not available, annual leave, unpaid FMLA or personal leave may be used. Employees may not supplement short-term disability benefits with sick or annual leave pay.

The short-term disability benefit continues until the employee is cleared to return to work or qualifies for long-term disability (whichever occurs first), but in no case for more than 45 days from the start of the Qualifying Disability. Employees must apply for long-term disability leave if their Qualifying Disability could prevent them from working for more than 45 days (see Long-term Disability Leave below).

Employees on short-term disability leave continue to receive medical, dental, and retirement benefits. Deductions are taken from their short-term disability benefit payments for retirement, taxes, the employee’s share of medical insurance premiums, and other approved expenses.

For additional details or to apply for short-term disability benefits, please contact the university leaves manager.

Long-Term Disability Leave

To receive long-term disability benefits, employees must meet eligibility requirements established by the long-term disability plan. Long-term disability leave is available to full-time employees who enroll in disability insurance and are unable to work for more than 45 consecutive calendar days due to a Qualifying Disability.

Because applications require an extended period of review, employees must apply for long-term disability as soon as they anticipate a potential need for these benefits. Employees may use their accrued sick leave and/or annual leave to provide income while awaiting qualification for long-term disability benefits or may apply to begin receiving short-term disability benefits on the eighth calendar day of their absence from work. If sick leave, annual leave, or short-term disability leave run out or are not available, employees may use unpaid FMLA or request personal leave during this time [see Personal Leave and Family and Medical Leave (FMLA) sections below].

Employees who are placed on long-term disability leave may use annual or sick leave to supplement their disability leave payments. Employees who are using annual leave or sick leave to supplement their long-term disability benefits do not accrue additional annual or sick leave.

For more information on the long-term disability plan, please contact the university leaves manager or consult the Disability Summary Plan Document available at dmba.com.

Conditions Applicable to Both Short- and Long-Term Disability Leaves

Employees receiving disability benefit payments do not receive holiday pay. They may choose to use any or all of their accrued leave (in full day increments) for full pay prior to commencing short- or long-term disability benefit payments.

Because the inability to work is a condition of short- and long-term disability leaves, employees may not work while applying for or taking disability leave. Any return to work results in the automatic denial or termination of disability leave, unless the work has been pre-authorized as part of a long-term disability partial return-to-work plan. Short-term disability leave may not be used for intermittent leave or partial workdays.

Disability leave is not a guarantee of continued employment, and an employee’s position may be filled while the employee is on disability leave, as necessary for the university to meet its business needs as determined by the university in its sole discretion. If disability leave is taken for an FMLA-qualifying reason, and if the employee is medically cleared to return to work before their FMLA leave is exhausted, the university returns the employee to their former position or to an equivalent position in terms of pay, benefits, and working conditions [see Family and Medical Leave (FMLA) section below].

An employee on disability leave who is unable to return to work when their FMLA leave is exhausted is retained as an employee of record only until the conclusion of the disability leave period. At that time, their BYU employment is terminated unless the employee requests and is granted additional unpaid leave as a reasonable accommodation on a temporary basis for a defined period (see Accommodation of Persons with Disabilities at BYU Policy).

The university offers the following kinds of unpaid leave:

• Family and Medical Leave Act (FMLA)
• military leave
• mission leader/temple presidency/MTC president/visitors’ center director leave
• missionary service leave
• personal leave
• professional development leave
• work recess leave

Family and Medical Leave Act (FMLA)

As a matter of policy, BYU provides all eligible full-time employees up to 12 weeks, or in some cases, up to 26 weeks, of unpaid, job-protected leave during a 12-month period consistent with the Family and Medical Leave Act of 1993 (FMLA).

Definitions

The following definitions apply only to this section of this policy:

Armed Forces means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.

Child means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or is age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence.

Covered Active Duty for members of a regular component of the Armed Forces, means duty during deployment of the member with the Armed Forces to a foreign country. For a member of the Reserve components of the Armed Forces, Covered Active Duty means duty during the deployment of the member with the Armed Forces to a foreign country under a federal call or order to active duty in support of a contingency operation, in accordance with 29 CFR 825.102.

Covered Service Member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical treatment, recuperation, or therapy, or is in outpatient status or on the temporary disability retired list for a Serious Injury or Illness.

Military Caregiver Leave means FMLA leave taken by an employee who is the Parent, Spouse, Child, or Next of Kin of a Covered Service Member with a Serious Injury or Illness to provide care for the Covered Service Member.

Next of Kin of a Covered Service Member means the nearest blood relative, other than the Covered Service Member's Spouse, Parent, or Child. Unless the Covered Service Member has specifically designated otherwise in writing, the nearest blood relative is determined in the following order of priority: (i) blood relatives who have been granted legal custody of the service member by court decree or statutory provisions, (ii) brothers and sisters, (iii) grandparents, (iv) aunts and uncles, (v) first cousins.

Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a Child. This term does not include parents-in-law.

Qualifying Exigency means an exigency arising out of the fact that the employee’s Spouse, Child, or Parent is a service member in the Armed Forces on Covered Active Duty or on call to Covered Active Duty status, as determined by Benefits Services. For more information on which circumstances constitute a Qualifying Exigency, contact Benefits Services.

Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. This can include conditions with short-term, chronic, long-term, or permanent incapacity.

Serious Injury or Illness is one that is incurred by a Covered Service Member in the line of duty on Covered Active Duty that may cause the Covered Service Member to be medically unfit to perform the duties of his or her office, grade, rank, or rating. A Serious Injury or Illness also includes injuries or illnesses that existed before the Covered Service Member’s Covered Active Duty and that were aggravated by service in the line of duty on Covered Active Duty.

Spouse means an employee’s husband or wife as defined or recognized in the state where the employee was married and includes individuals in a common law or same-sex marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States, if the marriage could have been entered into in at least one state.

Uniformed Services means the Armed Forces and the commissioned corps of the National Oceanic and Atmospheric Administration Commissioned Corps and the U.S. Public Health Service.

Eligibility

To be eligible for FMLA leave, an employee must meet all of the following requirements:

• The employee must have worked at least 1,250 hours for the university over the 12 months immediately preceding the date the leave would commence.
• The employee must currently work at or within 75 miles of the BYU campus in Provo, Utah; and
• The employee must have been a BYU employee for a cumulative total of at least 12 months.

Any week in which an employee was on the university payroll, including weeks when the employee was on paid or unpaid leave from the university, counts toward the 12-month employment requirement, and 52 weeks is deemed to be equal to 12 months. The 12 months of employment do not have to be consecutive, but BYU employment before a break in service of seven years or more does not count towards the 12-month employment requirement unless the employee was in Uniformed Services during the absence. A BYU employee returning to work after a period of absence from work due to or necessitated by service in the Uniformed Services is credited with all hours that would have been worked (based on the employee’s pre-absence work schedule) for purposes of determining eligibility for FMLA leave.

Qualifying Reasons for Taking FMLA Leave

To qualify as FMLA leave under this policy, the leave must be taken for one of the following FMLA-qualifying reasons:

• The birth of a Child or placement of a Child with the employee for adoption or foster care.
• To care for a Spouse, Child, or Parent who has a Serious Health Condition.
• For a Serious Health Condition that makes the employee unable to perform the essential functions of his or her job.
• For any Qualifying Exigency arising out of the fact that the employee’s Spouse, Child, or Parent is a military member on Covered Active Duty or on call to Covered Active Duty status.
• To care for a Covered Service Member, if the employee is the Parent, Spouse, Child, or Next of Kin of a Covered Service Member with a Serious Injury or Illness (Military Caregiver Leave).

FMLA Leave Designation Process

To qualify as protected FMLA leave under this policy, work absences must be designated as FMLA leave by the university. The university designates an employee work absence as FMLA leave if (i) the employee provides timely notice of the need for FMLA leave, (ii) the employee is eligible for FMLA leave, and (iii) the leave is being requested or has been taken for an FMLA-qualifying reason. Alternatively, the university may designate leave taken by an eligible employee for an FMLA-qualifying reason as FMLA leave, even if the employee has not requested or provided notice of the need for FMLA leave.

Employee Notice of the Need for FMLA Leave

An employee requesting FMLA leave must provide verbal or written notice of the need for leave to the department manager/supervisor, HR business partner, or the university leaves manager. When FMLA leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt operations.

When the need for FMLA leave is foreseeable, the employee must provide at least 30 days' notice. When an employee becomes aware of a need for FMLA leave fewer than 30 days in advance, the employee must provide notice of the need for the leave either the same day the need for leave is discovered or the next business day. When the need for FMLA leave is not foreseeable, the employee must request leave as soon as circumstances allow. Failure to give proper notice may result in a delay of the requested leave or even cause the employee to be ineligible for FMLA leave.

University Notice of Eligibility for FMLA Leave

Within five business days after the employee has notified the university of need for FMLA leave, the university leaves manager provides the employee with a Notice of Eligibility and Rights and request medical certification or other supporting documentation as necessary to demonstrate an FMLA-qualifying reason for the leave.

Employee Certification of Qualifying Reason for FMLA Leave

An employee requesting FMLA leave must typically submit the required medical certification or Qualifying Exigency certification within 15 days of receiving a Notice of Eligibility and Rights, absent extenuating circumstances. At the university’s expense, BYU may also seek a second and third medical opinion to verify the presence of a Serious Health Condition or a Serious Injury or Illness. Failure to provide a required medical or Qualifying Exigency certification or to cooperate with BYU’s efforts to obtain a second or third medical opinion may result in denial of FMLA leave, and an employee who is absent without approved leave may have their employment terminated for the unexcused absence.

University Designation of FMLA Leave

Within five business days after the employee has submitted the required certification or other documentation, or within five days after the university determines that any employee leave was taken for an FMLA-qualifying condition, the university leaves manager provides the employee with a written notice either designating the leave as FMLA leave or denying the employee’s request for FMLA leave (Designation Notice).

Amount of Leave

An eligible employee can take up to 12 weeks of FMLA leave during any 12-month period. The university uses a rolling 12-month period measured backward from the date on which the employee seeks to begin any new FMLA leave to determine how much FMLA leave is available to the employee. Each time an employee takes FMLA leave, the university computes the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

An eligible employee can take additional FMLA leave, up to a combined total of 26 weeks over a 12-month period, for Military Caregiver Leave. For Military Caregiver Leave, the university measures the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA-qualifying reasons is deducted from the total of 26 weeks available for Military Caregiver Leave.

Eligible Spouses who both work for the university may only take a combined total of 12 weeks of FMLA leave for the birth of a Child, adoption, or placement of a Child in foster care, or to care for a Parent with a Serious Health Condition. The employee Spouses may only take a combined total of 26 weeks of Military Caregiver Leave (if each Spouse is the Parent, Spouse, Child, or Next of Kin of the Covered Service Member).

Timing of FMLA Leave, Intermittent Leave, and Reduced Work Schedules

An employee may take FMLA leave in one consecutive block of time, may use the leave intermittently (take a day or more periodically when needed over the year) or, when warranted by the employee’s particular condition or circumstances, may use FMLA leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, FMLA leave may not exceed a total of 12 workweeks (or 26 workweeks when it includes at least 14 weeks of Military Caregiver Leave) in a 12-month period.

Intermittent leave is not available in increments of less than one hour. If the intermittent or reduced schedule leave is determined by the supervisor or department chair to be unduly disruptive to the workplace, the individual may be transferred to an available alternate position for which the employee is qualified for the duration of the leave.

An eligible employee may take up to 12 consecutive weeks of FMLA leave at any time during the 12 months immediately following the birth of the employee’s Child or placement of a Child with the employee for adoption or foster care. Intermittent or reduced schedule FMLA leave is not available for the birth, adoption or foster care of a Child unless approved by the university leaves manager in consultation with the employee’s department manager. If the employee takes medical maternity and/or parental leave, any FMLA leave taken for the birth, adoption, or foster placement of a Child runs concurrently with such leave, and employees may divide such leave into smaller increments as provided in this policy. While faculty or staff may elect to take FMLA leave for the birth, adoption or foster placement of child at a time not permitted under the medical maternity or parental leave policy, paid leave under these policies is only available when taken according to policy guidelines.  (see Medical Maternity Leave and Parental Leave sections above; Faculty Leaves Policy).

Concurrent Use of Paid Leave and Unpaid FMLA Leave

FMLA leave runs concurrently with any paid leave—including any paid sick leave, annual leave, maternity leave, parental leave, disability leave, or workers’ compensation leave—taken for an FMLA-qualifying reason, and the paid leave is counted against the 12 or 26 weeks of job-protected FMLA leave the employee has available to use in the applicable 12-month period. BYU requires an employee on FMLA leave to use all their available paid leave (including both sick and annual leave, if applicable) before using unpaid FMLA leave.

Employee Status and Benefits During FMLA Leave

During an employee’s FMLA leave, BYU maintains the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Both the employee and the university pay their respective portions of the health insurance premium monthly. Because BYU cannot make payroll deductions to collect the employee's share of insurance premiums while the employee is on unpaid FMLA leave, the employee must contact Benefits Services to make these arrangements.

Employment benefits earned prior to the date on which leave commences are not lost.

Intent to Return to Work from FMLA Leave

The university may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. An employee on FMLA leave is encouraged to notify the university leaves manager of the intended return-to-work date as early as possible in advance of the return.

Employee Status After Leave

An employee who takes FMLA leave for their own Serious Health Condition may be asked to provide a fitness for duty clearance from a health care provider confirming the employee’s ability to perform the essential functions of the job prior to returning to work. This requirement is included in the university’s Designation Notice granting the employee’s request for FMLA leave.

Upon return from FMLA leave, employees must generally be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. If the employee is unable to perform any one of the essential functions of the original position after exhausting all available FMLA leave, the employee’s right to job restoration expires and the employee’s BYU employment may be terminated unless the employee requests and is granted a reasonable accommodation (see Accommodation of Persons with Disabilities at BYU Policy).

Military Leave

The university provides unpaid military leave, reemployment rights, and other rights to eligible employees in the Uniformed Services of the United States.

Eligibility and Qualifying Service

Employees who are members of the following uniformed services are eligible for military leave under this policy:

• Army, Navy, Marine Corps, Air Force, and Coast Guard
• Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve
• Army National Guard and Air National Guard
• Commissioned Corps of the Public Health Service
• Any other category of persons designated by the President in time of war or emergency

Eligible employees may take military leave to perform duties in any of these Uniformed Services on a voluntary or involuntary basis, including

• active duty and active duty for training;
• initial active duty for training;
• inactive duty training;
• full-time National Guard duty;
• absence from work for an examination to determine a person’s fitness for any of the above types of duty;
• funeral honors duty performed by National Guard or Reserve members; or
• duty performed by intermittent employees of the National Disaster Medical System when activated for a public health emergency, and approved training to prepare for such service.

These benefits are generally limited to a cumulative total of five years of military leave from BYU. For further information, contact Benefits Services.

Applying for Military Leave

An employee notifies the university leaves manager of the need for military leave as far in advance as is reasonable under the circumstances. Written notice is preferred but not required.

Pay and Benefits During Military Leave

Employees on military leave do not receive university pay. During short-term military leave, employees on military leave may elect to use any or all of their previously accrued paid annual leave while receiving their military pay.

In addition, the university may provide up to 18 days of pay for short-term military leave to fulfill required periodic training under the following conditions:

• If the university salary is greater than military base pay, the university pays the difference between the university pay and the military pay.
• If military base pay per day is greater than the university pay, the individual retains the military pay and receive no pay from the university.

To request military leave pay not covered by annual leave, the employee submits a Short Term Military Leave Pay Form to the Leaves Office.

While an employee is on military leave, benefits continue as follows:

Sick and annual leave: An employee’s sick and annual leave balances will be maintained until the employee returns to full-time employment. The employee will not accrue additional sick or annual leave, but time on military leave counts towards the employee’s years of service when determining the employee’s Accruable Annual Leave and the Accrual Rate for annual leave.

Medical and dental coverage: If an employee is enrolled in one of Employer’s medical and dental insurance plans, the employee and enrolled family members may keep those benefits for up to 24 months or the duration of the employee's active duty assignment (plus the time allowed to apply for reemployment), whichever is shorter. For the first three months of military leave the university will continue to pay its share of the premiums for these plans. After three months, if continued coverage is desired, the employee is responsible for the employer and employee insurance premium.

Reemployment After Military Leave

An employee returning to work after a military leave must report to work or apply for reemployment to the university leaves manager within the following deadlines:

If the employee is hospitalized or convalescing because of an injury or illness incurred or aggravated during the performance of military service, the employee must apply for reemployment no later than two years following completion of service.

Employees who fail to report to work or apply for reemployment within the required time limits are subject to discipline, up to and including termination, under university policies governing unexcused absences from work. Employees who do not intend to return to work after a military leave must notify the university leaves manager as soon as practicable.

Exceptions to Reemployment

An employee is not entitled to reemployment following military leave if any of the following conditions exist:

• The employee did not receive an honorable discharge from military service.
• BYU’s circumstances have so changed as to make reemployment impossible or unreasonable.
• Reemployment would pose an undue hardship upon BYU.
• The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period.

General Benefits Upon Reemployment

Employees reemployed following military leave receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed. An employee’s time spent on active military duty is counted toward eligibility for FMLA leave. Additionally, upon reemployment, a covered employee is not discharged except for cause for up to one year following reemployment.

Employees who have taken military leave are credited for purposes of retirement vesting and are not considered to have taken a break in service. Immediately upon reemployment, the employee may, at the employee’s election, make any or all employee contributions that the employee would have been eligible to make had the employee's employment not been interrupted by military service. Such contributions must be made within a period that begins with the employee's reemployment and that is not greater in duration than three times the length of the employee’s military service not to exceed five years. Employees receive all associated university matching contributions.

Mission Leader / Temple Presidency / MTC President / Visitors’ Center Director Leave

The university grants unpaid leave to eligible full-time employees who are called, or whose spouses are called, to serve as mission leaders, temple presidency members, MTC presidents, or visitors’ center directors for the period of such service. The university reemploys full-time employees returning directly from such leaves, although there is no guarantee that the person will be reemployed in the same position he or she held before the leave. Employees who have completed the Notification of Intent to Retire form and subsequently receive a call—or their spouse receives a call—as a mission leader, temple presidency member, MTC president, or visitors’ center director are not eligible for this leave.

Missionary Service Leave

Full-time staff who volunteer for missionary service may request unpaid missionary service leave. Full-time staff who are approved for missionary service leave may continue medical, life, and disability insurance during the leave by paying the employee share of the premiums; the university pays the employer share. Employees may also continue Supplemental Group Term Life and Accidental Death and Dismemberment insurance by paying the full premium. Please contact Benefits Services to make the necessary arrangements.

The university does not guarantee reemployment for staff who volunteer for missionary service. If the employee’s former department does not immediately rehire the employee after the employee’s release date, the employee’s leave may be extended up to two months while the employee looks for another position at the university. Additionally, if the department that granted the leave does not offer a position, the person must compete with other applicants for reemployment.

Personal Leave

When an eligible full-time staff’s earned leave is not sufficient to cover an absence, the employee may request personal leave without pay for the minimum period necessary. Personal leave must be approved by the employees’ manager and by the university leaves manager. Even when approved, personal leave does not extend beyond three months. Employees in possible need of personal leave contact the university leaves manager.

Employees may maintain insurance coverage during personal leave. The individual pays the employee portion of the premium and the university pays the employer portion. Please contact Benefits Services to make necessary arrangements.

Professional Development Leave

Full-time staff with four or more years of continuous service may be eligible for unpaid professional development leave. Approval for professional development leave is at the sole discretion of the university.

Departments may request professional development leave for eligible full-time staff to attend school or have a valuable work or training experience. Professional development leave is for a maximum period of four months full-time or nine months if the employee continues to work half-time. Departments may request professional development leave only when there is a direct, immediate, or long-range benefit to the university. Also, the department must be able to cover the employee's work assignment without undue hardship.

Employees on leave who attend BYU continue to receive the tuition benefit. For the tuition benefit to apply, an individual must meet admission and registration requirements of the university. Due to enrollment limitations, individuals are not guaranteed acceptance in a particular class during a given semester. Individuals on leave receiving the tuition benefit may register for unlimited classes. Employees continue to receive the tuition benefit for their spouses and children as outlined in the University Personnel Tuition Policy.

Professional development leave requires coordination with the leaves manager and the approval of the immediate supervisor, dean/director, and the assistant administrative vice president-Human Resources. The university does not grant leave if it requires the hiring of a full-time replacement. Based on the assumption the employee will return to work for the department, the department holds the position or an equivalent position.

The individual may maintain insurance coverage during the professional development leave by paying the employee portion of the premium. The university pays the employer portion. Please contact Benefits Services to make these arrangements.

An employee may not request a subsequent professional development leave until another four-year period has elapsed.

Work Recess Leave

In areas where the workload fluctuates, the department may place full-time staff on unpaid work recess leave.

A department may not place an employee on work recess unless an employee plans to return to regular work immediately following the recess. A work recess leave is not appropriate if the department must employ a replacement.

Departments notify impacted employees as soon as possible so employees may plan effectively for the work recess. To request work recess leave for an employee, departments contact the university leaves manager.

Work recess may not exceed a total period of three months each calendar year. During approved work recess:

• Employees receive pay as they earn it; they may not spread payments over periods not worked.
• Exempt staff take work recess leave in full-week increments.
• Employees do not receive pay for official holidays that occur during work recess leave. (Exception: Employees on work recess leave between fall and winter semesters receive pay for the Christmas and New Year's holidays.)

Retirement service credit accrues during work recess leave. Insurance premiums paid by the university and employee during the work recess remain the same as when the employee is not on work recess leave. The employee continues to pay the full premium for supplemental insurance programs. The employee contacts Benefits Services to arrange for insurance premium payments.

An employee on leave remains an employee of BYU and must act in accordance with the Church Educational System Honor Code, Church Educational System Dress and Grooming Principles and Expectations, and Personnel Conduct Policy.