Rule R5-200B: Paid Time Off (PTO), Holidays, and Other Paid Leave for University of Utah Hospitals and Clinics Staff Members - Regulations Library

Purpose and Scope
Definitions
Policy
Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources
References
Contacts
History

Purpose and Scope‌
1. Purpose
  
  The purpose of this rule is to implement Policies 5-200 (Leaves of Absence – Health Related), 5-201 (Leaves of Absence – Non-Health Related), 5-300 (Holidays), and 5-301 (Vacation Leave), and align the paid time off, holidays, parental leave, and other paid leave practices for staff employees of the University of Utah Health, Hospitals and Clinics with the practices of peer health care institutions and the needs of hospital and clinic operations while creating flexibility for a diverse workforce, allowing employees to own all of their accrued time and reducing unscheduled absences.
2. Scope
  
  This Rule applies only to staff employees of the University of Utah Health, Hospitals and Clinics. Regulations governing all other University employees (including all University Faculty, all non-faculty academic employees, and Staff employees of all units other than Hospitals & Clinics) are provided in other Regulations, including Rule 5-200A (Scope, Eligibility and Limitations for Leaves of Absence – Health-Related – University Employees (Other than Hospitals and Clinics staff); Policy 5-201 (Leaves of Absence – Non-Health-Related); Rule 5- 300A (Scope, Eligibility and Limitations for Holidays – University Employees Other Than Hospitals and Clinics Staff); and Rule 5-301A (Scope, Eligibility, and Limitations for Vacation Leave – University Employees (Other than Hospitals and Clinics Staff).
‌Definitions‌

The following definitions apply for the limited purposes of this rule.
1. The definitions provided in Policy 5-001, Employee Definitions, apply for purposes of this Rule, including these defined terms: Employee, Benefits-eligible Position, Full-time Equivalent (FTE), Staff Member, Exempt (Salaried) Position, Non-exempt (Hourly) Position, and Temporary.
2. "Authorized Legislative Day” means an authorized legislative day as defined in Utah Code Section 53B-2-114, including a day during the annual general session, an interim day, and other authorized days.
3. Eligible Caregiver: for the limited purpose of determining eligibility for Parental Leave benefits means an Employee who provides the majority of child contact hours during the Employee’s regular working hours.
4. Extended Sick Leave ("ESL"): ESL refers to sick leave accruals earned during UUHC employment prior to the October 1, 2012 date of initial implementation of this Rule. Holiday ("HOL"): refers to the benefit of paid days provided to University of Utah Health, Hospitals & Clinics employees as designated paid holidays observed by the University of Utah, as described in Policy 5-300 (but for purposes of this Rule for Hospitals and Clinics employees not including Annual Personal Preference Holidays).
5. Paid Time Off (PTO): PTO refers to accrued time, not including paid Holidays, that may be used by employees for any personal reason, including but not limited to observance of vacation, sick leave or other health related absences. PTO provided under this Rule incorporates and substitutes for the paid vacation and sick leave provided to non-Hospitals & Clinics employees of the University under other Regulations, and incorporates and substitutes for the Annual Personal Preference Holidays, which will not be provided separately.
6. Paid Parental Leave (PPL): refers to a paid leave benefit provided to University of Utah Health, Hospitals & Clinics employees that is to be used by the parent(s) in regards to a birth or adoption.

‌Rule‌

‌Paid Time Off (PTO) Benefits.‌
1. PTO Eligibility: Hospitals and Clinics staff members are eligible for PTO benefits if they hold Benefits Eligible positions at not less than 0.50 FTE. Hospitals and Clinics staff in temporary positions, or whose permanent assignment is for less than 50% FTE, are not eligible for PTO benefits.
2. PTO accrual rates:
  1. Eligible Employees accrue PTO benefits monthly, at rates determined by the Employee's position, years of service (rates increase in five-year steps), and FTE of the employee position.
  2. The applicable rates for 1.0 FTE positions are shown in Table 1 below.
  3. Eligible employees working less than 1.0 FTE, but at least .75 FTE will accrue amounts pro-rated by their FTE.
  4. Eligible employees working .50 to .74 FTE will accrue at 50% of the full- time benefited rate, pro-rated by their FTE.
3. Annual PTO carry-over limits.
  1. The maximum PTO accrual for Hospitals & Clinics Managers, Directors and Executive Directors is 600 hours. PTO will stop accruing when the maximum is reached and will begin accruing again when hours drop below the maximum.
  2. The maximum PTO accrual for all other Hospitals & Clinics staff is 520 hours. PTO will stop accruing when the maximum is reached and will begin accruing again when hours drop below the maximum.
4. PTO during leaves. PTO benefits continue to accrue during leaves of absence with pay, but not during leaves of absence without pay.
‌Holiday (HOL) Benefits.‌
1. HOL Eligibility: Employees in positions of .50 FTE or greater (20 hours per week or more) are eligible for paid Holiday benefits.
2. HOL Accrual Rates: Holiday benefits (for all categories of eligible Hospitals and Clinics employees) are based on the University's approved list of eleven designated holidays (governed by Policy 5-300), thereby accruing at the rate of eleven days (88 hours) per year for positions of 1.0 FTE, and prorated accordingly for positions at a lower percentage of FTE (e.g., 44 hours annually for a .5 FTE position).

‌Table of PTO Accrual Rates, PTO Accrual Limits, and annual Holidays:‌

Table 1

Exempt/Non-Exempt Staff (rates for 1.0 FTE)

Service in Years	Service in Months	PTO Accrued per Year (in days @ 8 hrs. each)	Holidays per Year (in days)	Total PTO & Holiday per Year (in days)	Maximum end-of- year PTO Carryover (in hours)	PTO Monthly Payroll Accrual
0-5	0-60	20	11	31	520	13.333
6-10	61-120	25	11	36	520	16.667
11+	121+	30	11	41	520	20.000

Manager/Director (rates for 1.0 FTE)

Service in Years	Service in Months	PTO Accrued per Year (in days @ 8 hrs. each)	Holidays per Year (in days)	Total PTO & Holiday per Year (in days)	Maximum end-of- year PTO Carryover (in hours)	PTO Monthly Payroll Accrual
0-5	0-60	25	11	36	600	16.667
6-10	61-120	30	11	41	600	20.000
11+	121+	35	11	46	600	23.33

‌PTO and HOL Use and Cash Out:‌
1. Eligible Employees are encouraged to take time off and are expected to arrange absences in advance with their supervisors according to approved departmental standards in order to prevent disruption of departmental operations.
2. As more fully described in definition II.D above, PTO may be used for any personal reason.
3. An Employee eligible for Holiday pay who works on any designated Holiday shall receive equal time off which shall be scheduled at the mutual convenience of the employee and the Hospitals and Clinics unit, which should be scheduled within the same pay period, if possible, and if not then within the same calendar year or fiscal year (as determined by hospital leadership). And if such rescheduling is not completed within that year, then that time will be cashed out and paid to the employee at the end of the calendar year or fiscal year (as determined by hospital leadership).
4. Eligible Employees are entitled upon separation from benefits eligible employment to payment for accrued unused PTO and Holiday leave benefits.
5. Eligible Employees will also be given an option once in the Spring and once in the Fall to elect to receive payment for a cash out of PTO from 20 to 100 hours, provided that they will have a PTO balance of at least 120 hours (pro- rated by percentage of FTE) remaining after the cash out per Hospitals and Clinics PTO Guidelines.
6. In the event a Hospitals & Clinics employee transfers to a non-Hospitals and Clinics position with the University, PTO will be paid and/or transferred in accordance with Rule 5-301A. In the event a Non-Hospitals and Clinics employee transfers to a position with the Hospitals and Clinics, vacation will be paid, lost and/or transferred to PTO in accordance with relevant sections of Rule 5-301A.
‌Extended Sick Leave (ESL)‌
1. ESL Eligibility: Hospitals and Clinics staff members employed at the time this PTO rule was initially implemented (October 1, 2012) are eligible for transfer into ESL of their sick leave balances which had accrued up to that date (but no further sick leave accrued from that date or later). Employees hired on or after that date, including former Hospitals and Clinics employees rehired after PTO implementation and Employees who transfer to Hospitals and Clinics after PTO implementation from non-Hospitals and Clinics positions with the University, are not eligible for ESL.
2. An Employee with ESL may substitute ESL for unpaid FMLA after having used the allotted time requirement set by the University of Utah Hospital and Clinics (pro-rated by FTE) in connection with the FMLA leave occurrence.
3. Effective January 1, 2023, there will no longer be a required amount of allotted time that needs to be used prior to accessing an employee’s available ESL accruals. ESL is available for use in connection with an approved FMLA leave occurrence, or other approved medical leave occurrence as defined by Hospitals and Clinics Human Resources.
4. No payment will be made for unused ESL at any time.
‌Family and Medical Leave Act (“FMLA”) Leave (Leave Without Pay)‌
1. Eligibility
  1. An employee may request leave under the FMLA if the employee meets the eligibility requirements of the FMLA.
  2. An eligible Employee may request and will be granted unpaid leave for one or more eligible reasons specifically defined in the FMLA regulations.
  3. An eligible Employee may take leave under the FMLA to care for a Parent, Spouse, Child, and/or the Employee’s Domestic Partner. For purposes of this Section F only, the term “Child” means the biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis, who is either under the age of eighteen or over the age of eighteen and incapable of self-care on a daily basis because of a mental or physical disability that substantially limits one or more major life activities.
2. Notification and Certification of Need for FMLA leave
  1. An eligible Employee must notify the Hospitals and Clinics of the need for FMLA in the manner and within the time periods stated in the FMLA.
  2. Upon proper notification by the Employee, the Hospitals and Clinics will provide the Employee with information regarding the Employee’s rights under FMLA. The Employee shall be required to submit certification in the manner prescribed by the FMLA to confirm that the reason meets the specifications of the FMLA.
3. Substitution (Concurrent Use of Paid Leave and FMLA leave)
  1. An Employee eligible for and requesting leave under the Family and Medical Leave Act (“FMLA”) must substitute any accrued PTO/ESL to fulfill the designated eligibility period of the current disability benefit for self, and then after that time period, may substitute any accrued PTO for an equivalent of unpaid FMLA leave. All other FMLA leaves (not eligible for current disability benefit) must substitute any accrued PTO/ESL for an equivalent period of unpaid FMLA leave.
4. Benefits and Return from Leave
  1. An Employee may maintain current benefits during the FMLA leave as if the employee were actively at work in accordance with the FMLA. The Employee will be responsible for paying the employee’s share of the premiums for such coverage.
  2. Unless the Employee is separated as a result of a reduction in force, an Employee who takes an FMLA leave for the intended purpose of the leave shall be entitled, on timely return from the leave and completion of all required documentation, to be restored to the position of employment in accordance with the requirements of the FMLA.
‌Paid Parental Leave of Absence:‌
1. General Eligibility for a Paid Parental Leave of Absence
  1. An Employee is eligible for Paid Parental Leave benefits under this section III G if the Employee currently holds a benefitted position of a .50 FTE or greater with the Hospitals and Clinics and has been continuously employed in any position within the University at .50 FTE or greater for at least the preceding twelve consecutive months and is otherwise eligible for a leave from work (such as FMLA) to care for a child in connection with the birth or placement for adoption of a child.
  2. A Paid Parental Leave benefit is available to an eligible Employee who serves as an Eligible Caregiver of their own newborn child, or a partner’s newborn child, or of a newly adopted child.
  3. The Paid Parental Leave benefit provided under this Rule does not apply to a birth parent who does not anticipate becoming the legal parent of the child following birth. In such cases, the birth parent may be covered by current FMLA leave policies.
  4. Effective April 1, 2024, in the event that both parents are Employees of the Hospitals and Clinics and are otherwise eligible for the benefit, both parents will individually have access to the full value of the Paid Parental Leave benefit as outlined in Section III.G. 2. b. of this policy. This benefit cannot be transferred, shared, or donated to another employee.
  5. An Employee on Paid Parental Leave of Absence is still subject to a reduction in force (RIF) if applicable.
2. Paid Parental Leave Benefits
  1. The Paid Parental Leave benefit does not entitle an employee to any leave time, but rather provides the benefit of pay in conjunction with a qualified employee’s approved leave of absence to care for a child in connection with the birth or placement for adoption of a child (FMLA, MLOA, etc.).
  2. An Employee wishing to access Paid Parental Leave must apply for an FMLA leave. If an employee has exhausted all prior FMLA time for the eligible period, but qualifies for another type of leave and is otherwise eligible for the Paid Parental Leave, the Employee will be entitled to Paid Parental Leave in conjunction with the appropriate and approved leave.
  3. The eligible Employee is entitled to pay for 240 hours (or prorated equivalent) to be used in connection with an approved leave to care for the child, which will be determined to be used either (i) at 100% of pay for a period of six weeks, or (ii) at 50% pay for a period of 12 weeks.
  4. At the conclusion of the paid leave benefit period, the Employee will return to the same position held at the time the leave began or to an equivalent position with equivalent pay, benefits, and working conditions, provided the Employee meets the minimum qualifications and can perform the essential functions of the position.
  5. The Paid Parental Leave benefit in connection with an approved leave may be used no sooner than the date of birth or adoption and shall be completed no more than twelve months following the birth or adoption.
  6. An Employee is only eligible for the Paid Parental leave one time in any rolling twelve-month period.
‌Americans with Disabilities Act (“ADA”) Reasonable Accommodation‌
1. An Employee who is a qualified individual with a disability (as defined under the ADA) and who is not eligible for leave under the FMLA or who is unable to return to work at the end of the FMLA leave, may apply for a reasonable accommodation under the ADA. Additional leave, a job reassignment, or other more appropriate accommodations may be approved, unless the accommodation would be an undue hardship for the Hospitals and Clinics.
‌Other Paid Leave:‌
1. Bereavement Leave:
  1. Employees in position at 0.75 FTE or greater (30 hours per week or more).
  2. Paid bereavement leave up to 24 hours not counted against PTO bank.
  3. Available in the event of:
    1. death of a parent, spouse, domestic partner (as defined in Rule 5- 200A), child, sibling, parent-in-law, brother-in-law, sister-in-law, grandparent, or grandchild;
    2. the end of the Employee’s pregnancy by way of miscarriage or stillbirth; or
    3. the end of another individual’s pregnancy by way of a miscarriage or stillbirth in the following circumstances:
      1. the Employee is the spouse or partner of the individual whose pregnancy ends by way of a miscarriage or stillbirth;
      2. the Employee would have been the biological parent of the child born as a result of the individual’s pregnancy;
      3. the Employee provides documentation showing that the individual who had the miscarriage or stillbirth intended for the Employee to be an adoptive parent of the child; or
  4. the Employee would have been a parent of a child born as a result of the pregnancy under a valid gestational agreement.
2. Jury or Witness Duty:
  1. Available to employees required to be absent from work because of an official requirement to appear for jury service or a subpoena to appear as a witness at a trial, deposition, or other official proceedings.
  2. Employees who are requested to report for jury or witness duty will be paid for the FTE of their normal workday. To receive this pay, the employee must turn the jury or witness duty payment received into the employee's manager who will then send the check directly to the appropriate cashier or cash custodian. The payroll reporter will then add the jury duty hours into the employee time records to cover the time the employee was on jury or witness duty.
3. Annual Military Training:
  1. Available to employees who are members of the National Guard or any organized reserve branch of the United States uniformed services.
    
    Paid leave for up to fifteen (15) working days per year for time spent for annual training at annual encampments or rifle competitions or other duties in connection with the reserve training and instruction requirements of the United States uniformed services or National Guard. Does not include active military duty, which is unpaid.
4. Benefits During Leaves with Pay
  1. During the preceding leaves with pay, PTO continues to accrue. Retirement, health coverage, and insurance benefits continue to be paid
    
    by the University during such leaves. The Employee will be responsible for paying the employee’s share of the premiums for such coverage.
‌Leaves of Absence Without Pay‌
1. Political Leave Without Pay
  1. An Employee in a Benefits-eligible Position who is nominated for an elective public office may be placed on full or partial leave of absence without pay to the extent that the University President (or SVP for Health Sciences), in consultation with the employee’s Hospital Executive Director, determines that such nomination or the anticipated activities of the Employee as a candidate for such office will make the continued service of the Employee to the University ineffective during the period of the candidacy or will compromise the impartial discharge of the Employee's University responsibilities.
  2. An Employee who is on political leave without pay for the purposes of candidacy, and who is defeated in the final election, will be restored to the position of employment held when the leave commenced or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
  3. An Employee who is on political leave without pay for the purposes of candidacy, and who is elected in the final election, may request, in writing, an extended political leave without pay. The University President (or SVP for Health Sciences), in consultation with the Employee’s Hospital Executive Director, shall approve or deny the request.
  4. An Employee may become a candidate for elective office as a representative or senator in the Utah State Legislature without resigning from the University and without securing a leave of absence. If elected, the Employee shall be granted a leave of absence without pay for the number of hours requested by the Employee for each Authorized Legislative Day during which the Employee is a member of the Legislature or has been elected to the Legislature but has not yet begun the Employee’s term in office.
    1. The University may not interfere with or otherwise restrain an Employee for taking a leave of absence for an Authorized Legislative Day.
    2. The University may not take any of the following actions against an employee due to the employee taking leave of absence for an Authorized Legislative Day:
      1. dismiss the employee;
      2. reduce the employee’s compensation;
      3. fail to increase the employee’s compensation by an amount the employee is otherwise entitled to or was promised;
      4. fail to promote the employee if the employee would have otherwise been promoted; or
      5. threaten to take an action described above.
  5. In lieu of leave without pay under the preceding paragraphs, the Employee may use accrued PTO.
2. Military Leave Without Pay
  1. An Employee who performs service in the Uniformed Services shall be granted a military leave without pay not to exceed five (5) years for such service (except as otherwise required by USERRA). "Service" means the performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, inactive duty, and full-time National Guard duty.
  2. Short-term leaves with pay for annual military training by Employees who are members of the National Guard or any reserve branch of the United States uniformed services are governed by Section III. I above.
  3. Upon honorable completion of the period of service, an Employee on military leave shall be restored to the position of employment held when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, provided:
    1. The Employee gave their department leader advance notice of such service;
    2. The cumulative length of such leave and all prior military leaves from the University does not exceed five (5) years (unless exceptions outlined in USERRA apply);
    3. The Employee submits a timely application for reemployment to the Employee’s department leader;
    4. The Employee fulfills any other terms and conditions for reemployment required by law.
3. Benefits During Leaves Without Pay
  1. Time-Related Benefits. Longevity for purposes of accruing PTO is not lost during the preceding leaves without pay. PTO benefits do not accrue during such leaves.
  2. Retirement, Health Coverage, and Insurance Benefits. Retirement, health coverage, and insurance benefits are not paid by the University during the preceding leaves without pay. An Employee, however, may elect to continue the Employee’s health coverage as provided by federal law. Retirement benefits will be paid for an Employee on Military Leave pursuant to USERRA.
  3. Other Benefits. Other benefits, including tuition reduction, ticket discounts, and parking privileges, continue during the preceding leaves without pay.
    
    Sections IV- VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees. The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

‌Rules, Procedures, Guidelines, Forms and other Related Resources‌
1. Policies/ Rules
  1. Policy 5-200: Leaves of Absence (Health Related)
  2. Policy 5-201: Leaves of Absence (Non-Health Related)
  3. Policy 5-300: Holidays
  4. Policy 5-301: Vacation Policy
  5. Rule 5-200A: Scope, Eligibility and Limitations for Vacation Leave - University Employees (Other than UUHC Staff)
  6. Rule 5-301A: Scope, Eligibility, and Limitations for Vacation Leave – University Employees (Other than Hospitals and Clinics Staff)
2. Procedures, Guidelines, and Forms. [reserved]
3. Other Related Resources. [reserved]
‌References‌
1. Policy 5-001: Employee Definitions
‌Contacts‌

The designated contact officials for this Rule are:
1. Policy Owner (primary contact person for questions and advice): the University of Utah Hospitals and Clinics Director of Employee Relations.
2. Policy Officers: the Senior Vice President for Health Sciences
  
  See University Rule 1-001 for information about the roles and authority of policy owners and policy officers.
‌History‌

Revision History
1. Current version. Revision 6.
  1. Effective April 1, 2024.
  2. Legislative History for current version.
  3. Editorial Revisions: [reserved]
2. Previous versions.
  1. Revision 5. Effective November 8, 2022
    1. Legislative History Revision 5
  2. Revision 4. Effective July 1, 2019
  3. Revisions 2 and 3. Effective July 1, 2016
  4. Revision 1. Effective May 5, 2014
    1. Legislative History Revision 1
  5. Revision 0. Effective September 10, 2012.
    1. Legislative History Revision 0
3. Renumbering
  1. Not applicable

Rule 5-200B: Paid Time Off (PTO), Holidays, Paid Parental Leave, and Other Paid and Unpaid Leave for University of Utah Health, Hospitals and Clinics Staff Members.

Revision 6. Effective date: April 1, 2024

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