Shared Leave

Eligible employees may request Shared Leave for personal or family reasons involving an extreme or life-threatening illness or injury that may otherwise require a leave without pay from work stipulation or termination of employment. A qualifying extreme or life-threatening illness or injury must meet the criteria established for the Family and Medical Leave Act (FMLA).

Shared Leave does not provide job protection while on leave but serves to keep eligible employees in paid status. Shared Leave may be granted for a maximum of six months per approved event.

All Shared Leave recipients on Shared Leave for their own illness or injury are required to provide a release to return to work from a health care provider to Human Resources (HR) prior to resuming job duties.

Shared Leave Recipient Eligibility:

Employees appointed to regular positions with a minimum of six months of continuous service may apply for Shared Leave if they are unable to perform regular work duties due to a qualifying event. All other forms of paid leave must be exhausted at the time Shared Leave is granted.

For the 12 months preceding the Shared Leave request, or the entire time of continuous service if less than 12 months, the requesting employee must:

• Have a satisfactory attendance record (documentation of written discipline due to attendance as detailed on the HR website, will result in ineligibility for Shared Leave);
• Not have an overall rating of “unsatisfactory” on their most recent performance evaluation, if applicable; and
• Not have been subject to disciplinary action as detailed on the HR website;

To request Shared Leave, an employee must submit a Shared Leave Request Form that has been completed by a health care provider to establish the nature of the illness or injury. The Shared Leave Committee, appointed by HR, will review requests for eligible employees. Ultimately, HR will determine eligibility for Shared Leave. Information about the request procedure and timelines is located on the Shared Leave website and in the Shared Leave Guide.

If the employee is eligible for the FMLA, HR will make an FMLA determination using the completed Shared Leave Request form. Employees who are currently receiving or have applied for Workers' Compensation for the illness or injury that is the basis for the shared leave request, and employees who have been approved for Long Term Disability (LTD) are not eligible for Shared Leave.

Shared Leave Donor Eligibility:

Fiscal year faculty and University staff who wish to donate vacation leave must have a remaining vacation leave balance of at least 80 hours after the donation.

University faculty or staff who wish to donate sick leave must have a remaining sick leave balance of at least 480 hours after the donation.

The leave balance requirements are not applicable if the employee is separating or retiring from employment with the University. Retirement eligible employees who qualify for a sick leave payout may donate hours in excess of their qualifying hours balance.

Relationship to Long Term Disability:

While Shared Leave is only granted to those employees who are expected to return to work, in special circumstances it may serve as a temporary solution for an eligible employee who has yet to reach the required 180 days of total continuous absence required for long-term disability (LTD). Also, in special circumstances, an extension of Shared Leave may be approved beyond 180 days of continuous absence if the employee is actively pursuing LTD, as determined by Human Resources. Shared Leave may be revoked at any time if it is determined the employee is not complying with the LTD application process.

Unit Information:

The unit to which the recipient employee is appointed is responsible for the salary and fringe costs of Shared Leave which are charged to the current HR/Pay funding source. No employee shall be coerced, threatened, intimidated, or financially induced to donate or not apply for Shared Leave. Any effort to inappropriately induce such donations or prohibit application for Shared Leave should be reported to Human Resources at hrdept@ku.edu.