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3.

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6.3       Hours of Work Policy

HOURS OF WORK POLICY

Effective Date:

May 8, 2017


Policy Number:

III – 3.

5

6.

9

3

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Associate Vice President, Human Resources & Compliance

Applicability:

All

regular,

Canisius College employees. 

History:

 


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PURPOSE

The purpose of this policy is to define the college’s policy and guidelines for providing 403(b) Defined Contribution and Annuity Plan benefits to eligible employees normal work hours of the college.

POLICY

It is the policy of Canisius College to provide 403(b) Defined Contribution and Tax-Deferred Annuity Plan benefits to regular, full and part-time employees of the college in accordance with the guidelines set forth in the Procedures/Guidelines section below.

Note: 403(b) Defined Contribution Plan benefits are subject to change pursuant to alterations in the terms of agreement entered into with the third-party provider.

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

403(b) Defined Contribution Plan

Regular full-time and part-time employees who work 1,000 hours during the Plan Year (July 1 - June 30) are eligible to participate in the 403(b) Defined Contribution Plan if they have reached age 21.  The plan is administered by the Teachers Insurance and Annuity Association (TIAA), is optional, and with the exception of facilities management employees has a one-year waiting period toward which prior full-time service in higher education is credited. 

The employee contributes a minimum percentage of their base salary and the college contributes a percentage that is determined as approved by the Board of Trustees. Employees may make additional contributions, but these are not matched by the college. Employees are 100% vested at time of enrollment into the defined contribution plan.

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Maximum contribution amounts are determined by the Internal Revenue Service each year.  Contact Human Resources for the current annual maximum.

Group Supplemental Tax-Deferred Annuity Plan

Teachers Insurance Annuity Association (TIAA) and CREF Group Supplemental Retirement Annuities are available through a salary reduction agreement.  A participant may tax defer a portion of their salary and purchase a Group Supplemental Retirement Annuity (GSRA).  Contributions to GSRA accounts are not matched by the college.  Full and part-time employees may begin contributing to such accounts at any time.

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RELATED POLICIES

Not Applicable.

3.4.14 New York Paid Family Leave Policy

 

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NEW YORK PAID FAMILY LEAVE POLICY

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Effective Date:

...

January 1, 2018

...

Policy Number:

...

III – 3.4.14

...

Supersedes:

...

Not Applicable.

...

Issuing Authority:

...

President

...

Responsible Officer:

...

Associate Vice President, Human Resources & Compliance

...

Applicability:

 

...

All regular Canisius College employees.

...

History:

...

 

PURPOSE

This policy outlines the rules and procedures governing the use of paid family leave (“PFL”) under the New York Paid Family Leave Benefits Law (“Law”). 

POLICY

Canisius College provides Paid Family Leave benefits per New York State law.

DEFINITIONS

Not Applicable.

PROCEDURES/GUIDELINES

Eligibility for PFL

  • Employees regularly scheduled to work 20 or more hours per week are eligible for PFL after working 26 consecutive weeks.
  • Employees regularly scheduled to work fewer than 20 hours per week are eligible after working 175 days.
  • Employees pay for PFL through a state-mandated deduction from wages.

Qualifying Reasons for PFL

PFL may be taken:

 

(1)   To bond with a child after birth, adoption or foster care placement or to attend to  adoption or placement requirements before adoption or placement occurs;

(2)   To provide care for an employee's family member with a serious health condition; or

(3)   Because of a qualifying exigency arising out of the fact that the employee’s spouse, domestic partner, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.

 

“Child” means a biological, adopted or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis.

“Family member” means a child, spouse, domestic partner, parent (biological, foster or adoptive), parent-in-law, stepparent, grandparent, grandchild, legal guardian or other person who stood in loco parentis to the employee when the employee was a child, who has a serious medical condition.

PFL may not be taken for an employee’s own illness.  Leave to bond with a child must be taken within 52 weeks of the qualifying event.

Amount of PFL and Use

Eligible employees are entitled to up to eight weeks of leave in 2018, 10 weeks in 2019 and 2020, and 12 weeks in 2021 and thereafter.  The 52-week period is measured retroactively with respect to each day for which PFL benefits are claimed.  PFL must be taken in full-day increments.  An employee who is eligible for both PFL and short-term disability benefits may not receive more than 26 weeks of disability and PFL in any 52-consecutive-week period.  Employees who are related may not use the same period of PFL to care for the same family member.

PFL Benefit Payments and Use of Paid Time Off

Starting on January 1, 2018, the maximum paid benefit is 50% of an employee’s average weekly wage.  The benefit amount increase to 55% in 2019, 60 % in 2020 and 67% in 2021.  PFL benefits cannot exceed the applicable percentage of the state-wide average weekly wage as determined by the New York State Department of Labor. 

An employee may elect to charge all or part of his or her family leave to any accrued unused vacation, sick or personal time and receive full salary.  If an employee elects to do so, the Company may request reimbursement from the Company’s PFL insurance carrier as permitted under the Law.

Requesting PFL and Notice Requirements

It is the employee’s responsibility to request and apply for PFL benefits.  The employee must inform Human Resources when he or she needs to be absent for a PFL qualifying reason.  When leave is foreseeable, the employee must give at least 30 days’ advance notice of leave.  When leave is not foreseeable, the employee must give notice as soon as practicable, which in most circumstances will be the same day or next business day.  If the need for PFL is foreseeable and the employee fails to give 30 day’s advance notice, the insurance carrier may file a partial denial of PFL for a period up to 30 days from the date notice is provided.  An employee taking intermittent PFL must provide notice as soon as practicable before each day of intermittent leave.

To initiate a claim for PFL benefits the employee must obtain a Request for Paid Family Leave form, complete the employee section and submit it to Human Resources.  (The form may be obtained from Human Resources or the New York Workers’ Compensation Board PFL website - https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-employer-and-employee-forms-0.)  The Company will then complete its portion of the form and return it to the employee who must then submit it to the Company’s PFL insurance carrier with all required certifications.  The insurance carrier is responsible for reviewing and approving or denying claims for PFL.  An employee must request payment for a previously unspecified day of PFL within 30 days of the leave.

Interaction with FMLA Leave 

All PFL that also qualifies as Family and Medical Leave Act (“FMLA”) leave runs concurrently with FMLA leave.  In such cases, the employee must use accrued paid time off as required under the Company’s FMLA policy.

If an employee refuses to apply for PFL for any leave that also qualifies as FMLA leave, such leave will be counted against the employee’s PFL benefit.  If an employee uses intermittent FMLA leave for portions of any workday and such leave is for a covered PFL reason, the leave hours will be tracked and subtracted from the employee’s PFL benefit amount when such hours reach the number of hours in the employee’s usual workday.  FMLA leave taken for an employee’s own serious health condition does not reduce the amount of PFL for which an employee is eligible.

Benefits While on PFL

The health insurance of an employee who takes PFL will be continued on the same terms as when the employee was working.  An employee’s health insurance coverage while on PFL can be terminated if the employee’s portion of the health insurance premium is more than 30 days late.

Return to Work

An employees who takes PFL has the right to be reinstated to his or her previous position or a similar position upon the conclusion of his or her PFL.

Discrimination and Retaliation

Employees will not be discriminated or retaliated against for using PFL.

Waiver of PFL Benefits

An employee whose regular work schedule is 20 hours or more per week but who will not work 26 consecutive weeks and an employee whose regular work schedule is less than 20 hours per week and will not work 175 days in a 52-consecutive-week period, may file a written waiver to be exempted from PFL benefits and the obligation to make wage deductions.  If the employee’s schedule changes to the eligibility threshold, the waiver is automatically deemed revoked within eight (8) weeks of such change, and the employee will be required to begin making premium contributions and to pay any retroactive premiums from date of hire.  An employee eligible for a waiver but who does not file one will be subject to the state-mandated payroll deduction even though he or she is not eligible for PFL.  Waiver forms are available from Human Resources.

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Updates to 3.4.14: New York Paid Family Leave Policy  

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RELATED POLICIES

Not Applicable.

The college determines daily and weekly work schedules based on each department’s operational needs.  Such schedules may be changed at any time at the discretion of the college to address varying conditions.  All employees are expected to work their scheduled hours.

Non-exempt employees are normally scheduled to work 7.5 hours/day.  Normal working hours are 8:30 a.m. to 4:30p.m. 5:00 p.m. Monday through Friday.  Non-exempt employees, however, will be informed of their scheduled hours by their supervisor based on department needs.  This shall not be construed as a guarantee of hours of work per day, or per week, or as a limitation on the right of the college to require reasonable amounts of overtime work.  The number of hours in a non-exempt employee’s work week does not include the meal period, unless the person is actually on duty during that time.  Non-exempt employees must accurately record all worked time using the record keeping system.  The time record must accurately reflect any unpaid breaks (i.e. meal or breaks for breastfeeding mothers) taken during the workday.  Adjustments to the assigned schedule cannot be made without prior approval of the supervisor.*

Under the Patient Protection and Affordable Care Act (PPACA), all regular part-time staff employees who work less than 30 hours per week shall record and report all hours worked to determine health benefits eligibility.  For part-time faculty, Human Resources will use a formula that applies a ratio of work hours to credit hours taught to determine whether a part-time faculty member is eligible for health benefits.  The ratio the college will use is 2.25 hours of credit for each credit hour taught.  This crediting method takes into account time for preparation, teaching, grading, and similar activities needed to teach a course.

Exempt employees are paid on a salaried basis and are expected to give full professional attention to their work and to be normally available during business hours. Exempt employees are also required to work any hours necessary to perform the duties of the job.  Exempt employees are not eligible for overtime or additional pay for hours worked or travel time outside their regular schedule.

*Note: Employees who may require adjustments to their assigned schedule as a reasonable accommodation for a disability should contact Human Resources.

DEFINITIONS

Exempt Employee¾employees who primarily perform work exempt from or not subject to the overtime provisions of the FLSA and for who overtime pay is not required by federal law.

Non-Exempt Employee¾employees who primarily perform work subject to overtime provisions of the FLSA and for whom overtime pay is required by federal law.

PROCEDURES/GUIDELINES

Non-Exempt Employee Hours of Work Guidelines

Normal Working Hours

For most full-time non-exempt staff employees, normal working hours are 8:30 a.m. to 4:30p.m. 5:00 p.m. Monday through Friday.  Excluding the one-hour 30 minute lunch break, this amounts to a 37.5-hour work week.  Part-time non-exempt staff employees work less than 30 hours/week with hours tailored to meet the department’s needs.  Summer working hours for full-time non-exempt staff employees are from 8:30 a.m. to 4:30 p.m. with one-half hour lunch break.  The schedule for Friday summer hours is announced annually by Human Resources.  Any exceptions to the above schedule must be approved by Human Resources.  Non-exempt staff employees will be notified in advance by the supervisor of any required variation in normal working hours.

Flexible Hours

To offer staff employees more flexibility, as well as to extend operating hours to the college’s clients, the college will encourage supervisors to offer, where appropriate, “early” and “late” shifts.  For example, one person could start at 8:00 am and conclude at 4:00p.m. 4:30 pm, while another could start at 9:00 am and conclude at 5:00p.m. 5:30 pm.  The earlier start could enable quiet-time for report-running, while the later close could extend office hours.  To avoid confusion, the shifts would be set for the school year.  Full-time non-exempt staff employees would continue to work a 7.5-hour workday with a 30 minute1-hour lunch.  Flexible schedules can be offered only where there is strong support from the supervisor.  The department’s responsibility to meet its customer service needs is the determining factor.

Modified Full-Time Schedules

Variations on the full-time work schedule may provide opportunities for staff employees to exchange a 12-month schedule for a 9, 10, 11-month schedule.  Most full-time fringe benefits remain intact, for instance health insurance, tuition waivers for dependents.  Paid time off is decreased according to time worked.  The needs of the department and the supervisor’s recommendation are primary in any consideration for a reduced work schedule.

Unpaid Breaks for Employees

  1. Meal (Lunch) Periods: Full-time staff employees must take a 30 minuteone-hour lunch break.  Part-time staff employees scheduled to work more than six (6) hours per day must take at least one-half hour lunch break away from the work area.  All other part-time employees may choose to take a lunch break of either one-hour or one-half hour.  The lunch break is unpaid time for both full and part-time employees.  Times for lunch breaks are assigned by the supervisor.  No one may forego the lunch break in order to shorten the work day.  Facilities for purchasing lunch are available on campus.

Full-time staff employees are provided with two one fifteen-minute paid work breaks, one in the morning. and one in the afternoon.  Times for work breaks are normally assigned by the supervisor.

Part-time staff employees who work seven (7) or more hours a day (not counting lunch break) will be entitled to two paid fifteen-minute rest periods (one in the morning, one in afternoon).  Part-time staff employees who work fewer than seven (7) hours (not counting lunch break) will be entitled to one paid fifteen-minute rest period.

Abuse of work break privileges (for instance, overstaying allotted time) will result in disciplinary action.

Any employees who do not receive an uninterrupted meal break of at least 30 minutes are required to notify their supervisor and report the time worked on their time record.  If an employee is interrupted more than twice and/or more than a total of 4 minutes for work related tasks, the employee will be paid for the entire 30-minute meal.  Additionally, the supervisor will reschedule the 30-minute meal break later in the shift.

  1. Breaks for Breastfeeding Mothers: Reasonable break periods of at least 20 minutes will be provided for a breastfeeding mother to express breast milk for her child up to three (3) years after the child’s birth.  Designated locations, other than restrooms, shielded from public view and free from intrusion from coworkers and the public will be provided for the breaks.  Non-exempt staff employees will need to document and report the break as non-worked time.  Breastfeeding mothers requiring these breaks should make the request to the immediate supervisor and communicate the frequency and duration of the breaks.  Breaks may be taken up to once every three hours and are unpaid, unless paid break time is used.  An employee may be required to postpone a break for no more than 30 minutes when she cannot be spared from her duties until appropriate coverage arrives.

Paid Breaks for Exempt Staff Employees

Paid work breaks are intended to be preceded and followed by an extended work period; thus, they may not be used to cover late arrival to work or early departure, extend the lunch break, nor may they be regarded as cumulative if not taken.

Overtime

Non-exempt employees must be paid for all hours worked whether preapproved or not.  However, failure to obtain preapproval of overtime will be subject to appropriate disciplinary action.  Non-exempt employees who work in excess of 40 hours during the work week, must be paid at the employee’s overtime rate for the hours worked in excess of 40 hours.  Refer to the college’s Overtime Policy for additional information.

Travel/Work Time

On occasion, non-exempt employees may be required to travel for college related purposes.  The following guidelines will be used when determining when travel time and travel-related activities are considered “work time” and therefore must be paid.

Activities considered work time include:

  • Participating in any college related activities at a conference or seminar;
  • Participating in social activities where attendance is required;
  • Travel time for out-of-town college-related business, regardless of the day/time, if the employee is driving the vehicle;
  • Travel time for out-of-town travel other than by car when leaving and returning in the same day;
  • Traveling between work locations during the workday; and
  • Travel time as a passenger in an airplane, train, boat, bus or automobile during hours that would be the employee’s normal workday, even if travel occurs on a non-work day.

Activities not considered work time include:

  • Participating in social activities where attendance is not required;
  • Sleeping;
  • Non-work related meal breaks longer than 20 minutes;
  • Traveling from home to a local airport, bus depot or train station, or vice versa;
  • Traveling from home to an in-town conference.  However, mileage may be reimbursable; and

Traveling from home to a regular designated work location or vice versa.

Training/Conference Time

Attendance at lectures, meetings, training programs, seminars or similar activities are counted as hours worked when the training is related to the non-exempt employee’s job.  Non-exempt employees must obtain supervisory approval prior to attending such programs.

Electronic Communications After Work Hours

As with other types of authorized work, all time spent by non-exempt employees utilizing electronic communications for work purposes will be considered hours worked, is compensable and will count toward overtime eligibility as required by law.  Therefore, to avoid incurring unexpected overtime expense and to minimize the college’s risks of unintentional violations of wage and hour laws, electronic communications should not be used outside of regularly scheduled work hours unless required by and specifically approved by the non-exempt employee’s supervisor.  The immediate supervisor is advised to document the terms and conditions of this approval. This includes all types of work-related communication.

RELATED POLICIES

Overtime Policy   

Updates to 3.6.3: Hours of Work Policy
Revision: The language of this policy has been updated to reflect that the College's standard business hours are 8:30 a.m.-4:30 p.m. Monday-Friday, with one half-hour lunch break for hourly employees; the language also reflects that flexible hours may be offered where appropriate.
Rationale: Campus needs assessment.
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[1] There are three (3) semesters per year, taken in order of their fiscal appearance:  summer semester, fall semester, and spring semester.  Although the summer semester may be made up of two (2) or even three (3) sessions, it will be treated as one semester for purposes of course entitlements.