Postdoc Absence with Pay and Legal Holidays

Original Issuance Date: September 16, 2022

Last Revised Date: September 16, 2022

1. Policy Purpose

The University of Wisconsin System is committed to providing its post-doctoral fellows (postdocs) the ability to utilize limited paid time off to attend to personal matters requiring absence or for consistency with the university’s closure schedule, i.e., legal holidays.

This policy governs absence with pay and legal holidays for all eligible UW System postdocs.

2. Responsible UW System Officer

Associate Vice President and Chief Human Resources Officer

3. Scope and Institutional Responsibilities

This policy provides the framework for postdoc absences with pay and legal holidays for all postdocs in the university workforce, except for postdocs at UW-Madison who are covered under UW-5088, Postdoc Absence With Pay & Legal Holidays.

Institutions must adhere to this UW System policy without modification or tailoring.

Institutions may develop procedures to operationalize this System policy including establishing guidance to support the policy and procedures as needed.

4. Background

Wis. Stat. § 36.115 authorizes and directs the University of Wisconsin System to develop two personnel systems: one for UW-Madison and one for all other UW System institutions. Regent Policy Document 20-21, University Personnel Systems delegates to the President of the UW System, or designee(s), the authority to implement and maintain a personnel system for all UW System employees except employees assigned to UW-Madison. The Board of Regents authorizes the President, or designee(s) to formulate operating policies to administer this personnel system.

UWS 16.01 permits the Board of Regents to authorize appointments of employees in training such as residents, interns, post-doctoral fellows or trainees or associates. Per the administrative code, these positions are not considered faculty, academic staff, university staff, or limited appointees, and are subsequently not covered by other system policies governing paid leave or legal holidays. This policy grants certain absences with pay to research associates, postdoctoral fellows, and postdoctoral trainees.

5. Definitions

Absence with pay (medical): Hours a postdoc may be absent from their training due to personal and immediate family medical reasons, or for the birth or adoption of their child, and still receive their stipend or salary.

Absence with pay (personal): Hours when a postdoc may be absent from their training for personal purposes, and still receive their stipend or salary.

Academic basis (“C”): Postdoc appointees directly tied to the academic year calendar (39 weeks).

Annual basis (“A”): Postdoc appointees directly tied to the fiscal year (July 1-June 30).

Appointment percentage: The amount of full-time effort expected (FTE) for a position. Also measured by hours in pay status.

Division: School, college, or division.

Full time equivalent (FTE): Amount of hours budgeted for a position. A position budgeted for 80 hours in a bi-weekly pay period would be one (1) FTE; a position budgeted for 40 hours in a bi-weekly pay period would be .5 FTE.

Hours in pay status:In a work week, the period of time in which the postdoc either is training or using absence with pay and legal holidays to remain in full pay status (prorated for FTE).

Immediate family member: Includes all of the following:

Postdoc’s legal spouse;
Postdoc’s domestic partner;
Children of postdoc or postdoc’s spouse or domestic partner (biological, adopted, step or foster child, or legal ward);
Grandchildren of postdoc or postdoc’s spouse or domestic partner;
Parents of postdoc or postdoc’s spouse or domestic partner (biological, adopted, step or foster parent, or legal guardian of postdoc);
Grandparents of postdoc or postdoc’s spouse or domestic partner;
Brothers and sisters, and spouses or domestic partners of the brothers and sisters of postdoc or postdoc’s spouse or domestic partner;
Aunts and uncles of postdoc or postdoc’s spouse or domestic partner;
Sons-in-law or daughters-in-law of postdoc or postdoc’s spouse or domestic partner; and
Other relatives of postdoc or postdoc’s spouse or domestic partner who reside in the household of the postdoc.

Postdoc: Individuals with the appointment: research associate, postdoctoral fellow and/or postdoctoral trainee.

6. Policy Statement

This policy establishes the administration of absence with pay and legal holidays for UW System postdocs. The policy covers eligibility, accrual, use, reporting, carryover, banking, cash-outs, and treatment of absence with pay and legal holiday balances including when a postdoc changes appointment within the UW System, moves to UW System from UW-Madison, or terminates. The policy provides eligible UW System postdocs with absences with pay from mentored research training for personal purposes, personal and immediate family medical reasons, the birth or adoption of a child, and legal holidays.

A. Absence with Pay (Personal)

I. Eligibility for Absence with Pay (Personal)

Annual basis postdocs are eligible for absence with pay (personal). Academic basis postdocs are ineligible for absence with pay (personal).

II. Absence with Pay (Personal) Accrual

Absence with pay (personal) is granted upon hire and again on July 1 of every year to eligible postdocs. For postdocs who begin an appointments during the year, absence with pay (personal) is prorated based on the start date of the appointment.
Full-time postdocs in annual-basis appointments are granted 176 hours of absence with pay (personal) per fiscal year (July 1-June 30).
Postdocs may not be granted more than 176 hours of absence with pay (personal) in a fiscal year unless eligible for additional absence with pay (personal) hours due to sponsoring agency policy.
Postdocs in less than full-time appointments are granted prorated absence with pay (personal) hours based on the percentage of appointment (defined as hours in pay status).
Increased full-time equivalent (FTE) will increase absence with pay (personal) and decreased FTE will reduce absence with pay (personal). If the FTE of the postdoc is reduced during the year, the institution will recover the value of any absence with pay (personal) used in excess of the prorated amount eligible.
If the appointment is ended prior to the end of the fiscal year, absence with pay (personal) granted is prorated based on the end date of the appointment. Accordingly, the institution will recover the value of any absence with pay (personal) used in excess of the prorated amount eligible.

III. Absence with Pay (Personal) Scheduling

Divisions and mentors must accommodate postdoc requests for absence with pay (personal) subject to training and workload demands. Absence with pay (personal) requests will be made in advance and require mentor approval.
Postdocs may use absence with pay (personal) upon hire and from July 1 of every year.
A department may limit the use of absence with pay (personal) provided the policy is in writing and postdocs have sufficient notice to use all absence with pay (personal) before the end of the fiscal year.

IV. Absence with Pay (Personal) Usage, Carryover, and Exchange

1. Postdocs may use absence with pay (personal) from the first day of appointment. There is no waiting period.
If absence with pay (personal) is not used within the fiscal year granted, any absence with pay (personal) remaining at the end of the fiscal year (June 30) will be lost and will not carryover into the next fiscal year.
Absence with pay (personal) may not be donated through SYS 1214, Catastrophic Leave Program.

V. Banking Unused Absence with Pay (Personal) and Absence with Pay (Personal) Cash Payouts

Postdocs are ineligible to bank unused absence with pay (personal) or to receive absence with pay (personal) cash payouts.

VI. Absence with Pay (Personal) Credits upon Layoff, Termination of Appointment, or Movement to Another Appointment

A postdoc who terminates an appointment is ineligible to extend the termination date beyond the last day of training by utilizing unused absence with pay (personal). Any remaining absence with pay (personal) available prior to the end date will be forfeited.
At termination, any absence with pay (personal) used in excess of the amount eligible, must be repaid to the institution. The value of the overused absence with pay (personal) is calculated as current full-time annual compensation/2080 x number of overused hours of absence with pay (personal).
Movement to New Appointment
1. When a postdoc moves from one postdoc appointment to another postdoc appointment within UW System, any current absence with pay (personal) granted during the fiscal year transfers to the new postdoc appointment. Expended absence with Pay (personal) credits will be counted against any annual allotment the postdoc is owed due to the new appointment. Postdocs may be eligible for additional absence with pay (personal) due to sponsoring agency policy associated with the new postdoc appointment. Postdocs may also lose additional absence with pay (personal) hours due to sponsoring agency policy of the previous postdoc appointment.
2. When a postdoc moves from a postdoc appointment to another type of appointment within UW System, any current absence with pay (personal) granted during the fiscal year will not transfer to the new appointment.
3. When a postdoc moves to a UW System institution from UW-Madison, the institution will not assume absence with pay (personal) deficiencies (over-usage). The movement of absence with pay (personal) balances to a UW System institution from UW-Madison is at the discretion of the new hiring unit. Such an agreement must be made in writing prior to the start of the new appointment as part of the offer of appointment.
4. When a postdoc moves to another UW System institution, the movement of unexpended absence with pay (personal) balances is at the discretion of the new institution. If the new institution does not accept the absence with pay (personal) balances, the postdoc will forfeit absence with pay (personal) and will not receive a lump sum payment for absence with pay (personal) balances from UW System.
5. When an employee moves from vacation-eligible faculty, academic , university, or limited appointment to a postdoc appointment, the appointing unit will not assume any vacation balances, banked leave balances, or leave deficiencies (over-usage) from the previous appointment.

VII. Absence with Pay (Personal) Reporting

For absence with pay (personal) reporting, each full-time postdoc will designate a 40-hour workweek. The workweek will be prorated for less than full-time appointments. The workweek will include all scheduled classes, office hours, and research, as well as other regular university meetings and professional activities.
For purposes of this section, a normal workweek consists of 40 hours worked within a fixed and regularly recurring period of seven consecutive days. Hours worked per day may vary.
The standard workweek exists only for the purpose of reporting absence with pay (personal). This is not a UW System standard for actual work hours since most postdocs are salaried employees who are expected to train at least 40 hours per week (on a full-time basis) with schedules that may fluctuate. Therefore, absence with pay (personal) for full-time postdocs is charged in half-day increments. Absences of between one-quarter and three-fourths of a day should be charged as one half-day. Absences of three-fourths or greater of a day should be charged as one (1) day.

Table 1. Example: Postdoc trains five 8-hour days per week

Hours Missed	Leave Reported
0 to < 2 hours	0 hours
2 hours to 6 hours	4 hours
> 6 hours	8 hours

4. Postdocs with less than full-time appointments must report actual hours absent.

5. If a postdoc is using leave under the Family Medical Leave Act (FMLA) or the Wisconsin Family Medical Leave Act (WFMLA), absence with pay (personal) is charged in actual hours absent.

VIII. Reporting and Recording Absence with Pay (Personal)

Postdocs will have access to absence with pay (personal) balances through the MyUW Portal.
Postdocs are required to submit an absence report as absence with pay (personal) is taken. Once an absence report is submitted, the postdoc’s department chair, director, mentor, or designee must approve the report.

B. Absence with Pay (Medical)

I. Eligibility for Absence with Pay (Medical)

All postdocs are eligible for absence with pay (medical).

II. Accrual of Absence with Pay (Medical)

Absence with pay (medical) is granted upon hire and again on July 1 of every year to postdocs. For postdocs who begin an appointment during the year, absence with pay (medical) granted is prorated based on the start date of the appointment.
Full-time postdocs in annual-basis appointments are granted 96 hours of absence with pay (medical) per fiscal year (July 1-June 30). Full-time postdocs in academic-basis appointments are granted 96 hours of absence with pay (medical) per academic year.
Postdocs cannot be granted more than 96 hours of absence with pay (medical) in a year unless eligible for additional absence with pay (medical) due to a sponsoring agency’s policy.
A postdoc in a less than full-time appointment is granted prorated absence with pay (medical) hours based on the percentage of appointment (defined as hours in pay status). Changes to FTE during the year impact the absence with pay (medical) granted to a postdoc.
For a postdoc who ends an appointment prior to the end of the year, absence with pay (medical) granted is prorated based on the end date of the appointment

III. Use of Absence with Pay (Medical)

A Postdoc may use absence with pay (medical) from the first day of appointment. There is no waiting period.
Absence with Pay (Medical) Absence Reasons. Postdocs granted absence with pay (medical) are eligible to use absence with pay (medical) for absence from the date of appointment:
1. For personal illnesses, injury, disability, pregnancy, adoption, or exposure to contagious diseases.
2. To care for an immediate family member (for up to five consecutive workdays). The division may approve additional absence with pay (medical) (see section 6.B.III.4 of this policy for certification requirements if the absence exceeds five (5) days).
3. To attend immediate family or personal medical or dental appointments.
4. An eligible postdoc may use up to three (3) days of absence with pay (medical) after the death of an immediate family member, plus an additional four (4) days of absence with pay (medical) for travel related to a funeral or other circumstances after the death of an immediate family member.
5. For any absence covered by the Wisconsin Family and Medical Leave Act (WFMLA) or Federal Family and Medical Leave Act (FMLA).
6. Absence with Pay (Medical) to Provide Care for Child During Quarantine or School/Daycare Closure
  1. Absence with Pay (Medical) may be used for temporary care of an employee’s minor child, or a child to whom the employee stands in loco parentis as defined under 29 CFR § 825.122(d)(3), for a limited period of time for a reason that is specifically related to public health measures implemented to control the spread of a disease that has been identified as a public health emergency by either the United States government, the State of Wisconsin or the county Health Department in the employee’s county of residence. Such reasons may include when the child requiring care has been exposed to a contagious disease which requires the child’s confinement, or when the employee lacks needed childcare because schools or other places of care are closed or unavailable as a result of public health measures implemented to control the spread of a disease identified as a public health emergency. Use of sick leave for these purposes is limited to the period of time required for confinement, closure, or unavailability. An institution may require documentation to justify the granting of absence with pay (medical) under this subsection.
  2. The medical certification requirement in policy section 6.B.III.4 will be waived for the first ten (10) days of absence with pay (medical) taken under this section, if the employee provides the institution with an attestation affirming the quarantine requirement or school/daycare closure giving rise to the need for temporary care of the child.
Use of Other Absence with Pay in Lieu of Absence with Pay (Medical). When a postdoc is absent for an absence with pay (medical) absence reason specified in this policy, the following absence types may be used instead of absence with pay (medical): absence with pay (personal), legal holiday, and leave without pay with approval of mentor.
Certification of Medical Necessity
1. If a postdoc uses absence with pay (medical) for an absence of more than five (5) working days, the postdoc must present certification from a health care provider of the medical necessity for absence with pay (medical), except when an absence is authorized and approved under the Wisconsin or Federal Family and Medical Leave Acts.
2. When UW System is aware that an emergency may prevent communicating with a postdoc or gathering information about a postdoc’s condition, written certification is not required until communication is possible and appropriate given the condition of the postdoc.
3. In cases of suspected absence with pay (medical) abuse, UW System is authorized to require written certification from health care providers to verify the medical necessity of absences of any length.
If absence with pay (medical) is not used within the year it is granted, any absence with pay (medical) remaining at the end of the year will be lost.
Requests to change the leave type used from absence with pay (medical) to another type of absence must be received by the institution by the end of the fiscal year in which the absence occurred.
Academic year postdocs are in pay status during winter and spring session breaks and are required to follow the established official work schedule and to fulfill research, educational, and other university obligations. If the postdoc is unable to fulfill the academic obligations due to reasons specified in section 6.B.III.2 of policy, the postdoc must use absence with pay (medical) or legal holidays.

IV. Absence with Pay (Medical) When Moving to Another Appointment or Termination

Movement to New Appointment.
1. When a postdoc moves from one postdoc appointment to another postdoc appointment within UW System, any current absence with pay (medical) granted during the fiscal year transfers to the new postdoc appointment. These expended absence with Pay (medical) credits will be counted against any annual allotment the postdoc is owed by virtue of the new appointment. Postdocs may be eligible for additional absence with pay (medical) due to the sponsoring agency policy of the new postdoc appointment. Postdocs may also lose additional absence with pay (medical) time provided by the sponsoring agency policy of their previous postdoc appointment.
2. When a postdoc moves from a postdoc appointment to another type of appointment within UW System, any current absence with pay (medical) during the fiscal year will not transfer to the new appointment.
3. When a postdoc moves to another UW System institution from UW-Madison, the institution will not assume absence with pay (medical) deficiencies (over-usage). The movement of granted absence with pay (medical) balances to another UW System institution from UW-Madison is at the discretion of the new appointing unit. Such an agreement must be made in writing prior to the start of the new appointment as part of the offer of appointment.
4. When a postdoc moves to another UW System institution, the movement of any unexpended absence with pay (medical) balance is at the discretion of the new institution. If they do not accept the absence with pay (medical) balance, the postdoc will forfeit granted absence with pay (medical) from UW System.
5. When an employee move from a sick leave-eligible faculty, academic, university, or limited appointment to a postdoc appointment, the appointing unit will not assume any leave balances or leave deficiencies (over-usage) from the previous appointment.
A postdoc who terminates an appointment with UW System will lose granted absence with pay (medical) balances.

V. Absence with Pay (Medical) Leave Conversion at Layoff, Retirement, or Death

A postdoc may not convert absence with pay (medical) balances to pay for State Group Health Insurance.

VI. Absence with Pay (Medical) Reinstatement

Previously granted absence with pay (medical) will not be reinstated upon return to a postdoc appointment.

VI. Reporting and Recording Absence with Pay (Medical)

Designated Workweek.
1. For the purposes of absence with pay (medical) reporting, each full-time postdoc will have a 40-hour workweek. The work week will be prorated for a less than full-time appointment. The workweek will include all scheduled classes, office hours, and research, as well as other regular university meetings and professional activities.
2. For purposes of this section, a normal workweek consists of 40 hours worked within a fixed and regularly recurring period of seven consecutive days. Hours worked per day may vary.
Amount of Absence with Pay (Medical) to be Charged.
1. Absence with pay (medical) for postdocs is charged in half-day increments. Absences of between one-quarter and three-fourths day should be charged as one half-day. Absences of three-fourths of a day or greater should be charged as one (1) day.

Table 2. Example: Postdoc trains five 8-hour days per week

Hours Missed	Leave Reported
0 to < 2 hours	0 hours
2 hours to 6 hours	4 hours
> 6 hours	8 hours

b. Postdocs with less than full-time appointments must report actual hours absent.

c. If a postdoc is using absence with pay (medical) under Federal Family and Medical Leave Act (FMLA) or Wisconsin Family and Medical Leave Act (WFMLA), absence with pay (medical) is charged in actual hours absent.

VI. Submitting Absence with Pay (Medical) Used

A postdoc will have access to absence with pay balances through the MyUW Portal.
A postdoc is required to submit an absence report when absence with pay (medical) is taken. Once an absence report is submitted, the postdoc’s department chair, director, mentor, or designee must approve the report.

C. Legal Holidays

I. Paid Legal Holidays

The UW System grants all postdocs nine (9) paid legal holidays per calendar year. These are listed in section 4.B.1 of SYS 1211, Personal Holiday and Legal Holiday Administration.

II. Eligibility for Paid Legal Holidays

All postdocs are eligible for paid legal holidays provided that the postdoc holds an active appointment on the date of the legal holiday.

III. Administration of Legal Holidays

Full-time postdocs are granted eight (8) hours of pay for each legal holiday. Part-time postdocs are granted a prorated amount based on their hours in pay status, including both hours training and absence with pay hours used, during the pay period that includes the legal holiday.
If a legal holiday falls on a Sunday, the legal holiday is observed and UW System is closed on the Monday following the legal holiday.
Postdocs are ineligible for floating legal holidays. If a legal holiday falls on a Saturday, postdocs are not granted a floating legal holiday.
A postdoc may use legal holiday hours prior to the date on which the legal holiday occurs. If the postdoc leaves their university appointment prior to the date on which the legal holiday occurs, the postdoc must repay any legal holiday hours used in advance of the legal holiday. In lieu of paying back over-used legal holiday hours, the postdoc is eligible to swap absence with pay hours, if available.

Note: Absence with pay (medical) may only be used per section II and may not be used in this situation unless the original absence is eligible for absence with pay (medical).

IV. Legal Holiday Reporting

Postdocs will not have access to their legal holiday balances through their MyUW Portal.
Postdocs are not required to submit an absence report when a legal holiday is used.

V. Consequence of Non-Compliance

Failure to appropriately report absence with pay usage may result in the denial of absence with pay, requirement to reimburse the university for inappropriately utilized absence with pay, the loss of absence with pay hours, and/or disciplinary action up to and including dismissal.

Postdocs who change FTE may be required to refund any absence with pay or legal holidays used in excess of the eligible prorated amount. Postdocs who terminate before the end of the fiscal year may be required to refund any absence with pay or legal holidays used in excess of the eligible prorated amount.

7. Related Documents

UWS 16.01

SYS 1211, Personal Holiday and Legal Holiday Administration

8. Policy History

First approved: September 16, 2022

9. Scheduled Review

September 2027

UW System Administrative Policy 1220