Maryland Addendum

In addition to the policies and procedures set forth in the University of Denver Employee Handbook (“Handbook”), the information set forth in a particular state addendum applies only to those University of Denver employees working in the state of the applicable addendum. The state addendum modifies the Handbook as set forth below.

 

In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:

 

  • If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).

 

  • If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.

 

For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy  and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX.  For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.

 

Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.

 

Maryland

 

Bereavement Leave

 

Maryland employees may use available vacation and/or paid sick leave upon the death of an employee’s immediate family member.

 

For purposes of this Addendum, an immediate family member means an employee’s spouse, child (including an adopted, biological, or foster child, stepchild, or legal ward) or parent (including an adoptive, biological, or foster parent, stepparent, legal guardian, or person standing in loco parentis to the employee).

 

Domestic Violence Leave

 

Maryland employees (i) who work at least 12 hours per week and (ii) whose primary work location is in Maryland are eligible for sick leave. Eligible employees may use sick leave to obtain relief in response to a domestic or sexual assault of the employee or a family member. Under this Addendum, “family member” includes a spouse, child, parent, grandparent, grandchild, sibling or legal guardian.

 

University of Denver will not retaliate against an employee for the employee’s use or attempted use of leave under this Addendum. Time off under this Addendum will run concurrently with time taken under the University’s Sick Leave Policy, to the extent permitted under applicable law.

 

Employees must follow the eligibility, notice, and other terms and conditions of the University’s sick leave policy when using sick leave for domestic violence purposes.

 

Emergency Response Leave

 

Maryland employees may take unpaid time off to participate in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad in response to an emergency that the Maryland Governor declares on the request of the governing body of a county or municipal corporation.

 

Employees must provide the University of Denver reasonable advance notice of the need for leave under this Addendum. The University of Denver may request reasonable documentation reflecting the need for such leave, including written documentation that the employee’s participation is required. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this Addendum.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this Addendum.

 

Court Proceedings Leave

 

Maryland employees may take unpaid time off to attend criminal or civil proceedings to which Maryland employees may take unpaid time off to attend criminal or civil proceedings they have a legal right to attend under applicable law, such as proceedings involving minors, or proceedings that the employee, as the victim, has the right to attend.

 

Employees must provide the University of Denver reasonable advance notice of the need to take time off under this Addendum, if practicable. If advance notice is not practical, employees must provide notice as soon as practical. The University of Denver may request reasonable documentation of the need for such leave.

 

The University of Denver will treat all information related to an employee’s leave pursuant to this Addendum as confidential. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this Addendum. Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this Addendum.

 

Equal Employment and Anti-Discrimination Policy

 

This is only an excerpt of the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.

 

The University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.

 

The University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In Maryland: race, certain traits associated with race (including hair texture and certain hairstyles), color, religion, sex, age (without limits), ancestry or national origin, marital status, sexual orientation, gender identity, genetic information, pregnancy, disability that does not reasonably preclude performance of employment, and refusal to submit to or make available the results of a genetic test

 

Information about the Maryland Commission on Human Relations can be found at https://mccr.maryland.gov/Pages/Employment-Discrimination.aspx or by calling 410-767-8600.

 

 

Maryland Family and Medical Leave

 

Maryland employees are eligible to take leave under this policy if they: (i) requested FMLA leave, (ii) have been employed for at least 12 months and for 1,250 hours during the 12 months prior to their leave request, and (iii) work at a site where the University of Denver employs at least 15 employees within a 75-mile radius.

 

Eligible employees may take up to six workweeks of unpaid leave for the following reasons:

 

  • to care for or bond with a child of the covered individual during the first year after the child’s birth or placement (placement includes the process through which a child is being placed with the covered individual through foster care, kinship care, or adoption);

 

  • to care for a family member with a serious health condition;

 

  • because the covered individual has a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;

 

  • to care for a service member who is the covered individual’s next of kin; or

 

  • because the covered individual has a qualifying exigency arising out of the deployment of a service member who is a family member of the covered individual.

 

Employees may use available vacation as a substitute for FMLA leave, in which case their vacation and FMLA leave entitlements run concurrently.

 

Employees must provide at least 30 days’ written notice to the University of Denver of their intent to take FMLA leave, except in the case of a premature birth, an unexpected adoption, or unexpected foster placement, in which cases notice should be provided as soon as is practical. The University of Denver may deny an employee’s request for FMLA leave in accordance with applicable law.

 

Upon return from FMLA leave, employees will be restored to their original position or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. The Organization may deny restoration of the employee's position if the denial is necessary to prevent substantial and grievous economic injury to the Organization’s operations, the University of Denver notifies the employee at the time it determines that economic injury would occur; and in a case of FMLA leave that has already begun, the employee elects not to return to employment after receiving notice of the Organization’s intention to deny restoration of the previous position.

 

Employees may continue participating in any group health plans they were enrolled in before FMLA leave. The University of Denver may recover premiums paid to maintain health coverage for employees who fail to return to work following FMLA leave by deducting the amount of the premium from the wages paid to the employee upon their termination.

 

Internal Pay Transparency

 

Maryland employees who are applying for an internal position or promotion may request the wage range for the position they are applying for.

 

Jury Duty Leave

 

The University of Denver encourages all employees to report for jury duty and provides Maryland employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.

 

After receiving a summons for jury duty, employees must notify the University of Denver as soon as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.

 

The University of Denver will not require or request that employees use vacation for time spent responding to a jury duty summons, participating in jury selection, or serving on a jury. An employee who appears for jury duty for four or more hours, including travel time, will not be required to work a shift that begins on or after 5:00 p.m. on the day of jury service, or before 3:00 a.m. the following day.

 

Meal and Rest Breaks

 

Non-exempt Maryland employees under 18 who work at least five hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. Employees will be relieved of all duties for the full meal break and are free to leave the premises during that time. Failure to take full meal breaks is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

 

Military Service Leave

 

This is only an excerpt of the University of Denver’s Leave of Absence policy with state specific information included in italics. Please refer to the complete policy for further information.

 

Employees may take leave under the FMLA or applicable law.

 

  • Maryland employees may take leave from work on the day that an immediate family member is leaving for or returning from active duty outside the United States as a member of the United States armed forces.

 

 

Sick Leave

 

Maryland employees (i) who work at least 12 hours per week and (ii) whose primary work location is in Maryland are eligible for sick leave under this policy.

 

Employees accrue unpaid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use up to 64 hours per year of sick leave for the following reasons:

 

  • The physical or mental illness, injury, or condition, of the employee or the employee’s family member;

 

  • Maternity or paternity leave;

 

  • To obtain relief in response to a domestic or sexual assault of the employee or a family member; or

 

  • Other reasons provided under applicable law.

 

Under this policy, “family member” includes a spouse, child, parent, grandparent, grandchild, sibling, or legal guardian.

 

Employees are entitled to use accrued sick leave beginning on the 106th day of employment, after which they may use sick leave as it is accrued. Employees may take sick leave in increments of no less than four hours.Employees may carry over up to 40 hours of earned sick leave to the next year but may not accrue more than 64 hours of sick leave.

 

If the need for sick leave is foreseeable, employees must provide reasonable advance notice to the University and make a reasonable effort to schedule the use of sick days in a manner that does not unduly disrupt the operations of the University of Denver. If the need for sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable.

 

Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within 37 weeks from their date of separation, their earned but unused sick leave that they had at the time of separation will be reinstated.

 

Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of sick leave laws, or opposing any policy, practice, or act prohibited by any applicable sick leave laws.

 

Voting Leave

 

Maryland employees who are eligible to vote in a statewide election (including general, primary, and special elections) or municipal election in Baltimore may take up to two hours of paid time off to vote on election day if they do not have two consecutive hours off of work while the polls are open.

 

Employees must provide the University of Denver reasonable advance notice of their need to take time off under this policy. Time off should be taken at the beginning or end of the employee’s workday, unless otherwise specified by the University of Denver. The University of Denver may request that employees provide a form prescribed by the State Board as proof that they have voted or attempted to vote.

 

Witness Duty Leave

 

Maryland employees may take unpaid time off to appear in court to comply with a subpoena, court order, or summons as a witness or prospective witness, including in discovery proceedings.

 

Employees must provide the University of Denver reasonable advance notice of the need to take time off under this Addendum. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this Addendum as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this Addendum.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this Addendum.

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