Leave Without Pay Guidelines

Please note that compliance with University Guidelines is expected in normal circumstances, and any deviation from Guidelines – which should only be in exceptional circumstances – needs to be justifiable.

Purpose

The purpose of these Guidelines is to define the circumstances in which Leave Without Pay might be appropriate, the criteria which govern applications, and the approval process.

Organisational scope

These Guidelines apply University-wide.

Content

Guidelines for granting – to general and academic staff

1. Applications for leave without pay will be approved only if the interests of the University are fully protected and it is expected that any leave granted will be for purposes beneficial to the University.
2. No staff member shall normally be eligible to apply for leave without pay unless they have at least three years' continuous service with the University.
3. Generally it is expected that staff will have taken their annual leave before they will be eligible for leave without pay.
4. A range of factors may be considered when applying for leave without pay. The weight given to any factor will be measured against the duration of the leave and the resulting demands that the absence may place on that area. Factors that may be considered include:
   • accompanying a partner employed at the University who is undertaking research and study leave;
   • Work experience, visiting fellowships or undertaking study, etc. in order to update or broaden skills and experience relevant to their current position;
   • compassionate grounds such as personal or family illness;
5. Leave without pay of more than one year will be granted only in exceptional circumstances.
6. For the purpose of determining service based entitlements all periods of leave without pay are deemed to interrupt but not to break service.
7. Approval of Leave without pay is made as follows:

   Timeframe	Approval required
   Up to 12 months	Divisional Head (on recommendation of Head of Department) except for Health Sciences Division Deans (for Health Sciences Division)
   12 months and over	Staffing Advisory Committee (on recommendation of Divisional Head, Dean (if applicable) and Head of Department)

8. The Application Form, or a letter which provides the same information, is required by the Divisional Head or Staffing Advisory Committee.
9. For leave without pay approved for less than 12 months, send the original of the application form to the Human Resources Division. The form will act as the authority to suspend paying the salary
10. For leave without pay approved for less than 12 months, a copy of the approved application form must be given to the staff member by the Head of Department after it is approved by the Pro-Vice-Chancellor. It is the official advice that the leave is approved.
11. For leave without pay of 12 months or more, send the completed documentation to the Human Resources Division who will refer it to the Staffing Advisory Committee.
12. Advice of approval of leave without pay for periods of 12 months or more can be made only by the Human Resources Division

Guidelines for granting leave without pay to staff undertaking commercial research for periods of up to two years in the Centre for Innovation

1. Applications for leave without pay for purposes of undertaking commercial research in the University's Centre for Innovation will be approved if it is deemed to be in the University's interest, and only if the interests of the University are fully protected, including those of intellectual property.
2. Applications will be granted only if there is an assurance that the Department's teaching programme will not be interrupted, and that courses which would have been delivered by the staff member will continue to be delivered if they are needed. Consideration must also be given to the work of research teams and the impact of such an absence.
3. Pro-Vice-Chancellors need to be aware of any likely diminution of the educational experience through approvals under this policy and must take into account the overall impact an approval under this policy may have.
4. A mutually acceptable business contract between the University and the commercial research venture organisation should be entered into prior to the start of the period of unpaid leave.
5. Applications will be considered having regard to recent leave, including Research and Study Leave.
6. For the purpose of determining service based entitlements, the period of leave without pay will be deemed to interrupt but not to break service i.e the employment relationship is suspended for the duration of leave without pay.
7. The staff member is entitled to return to their same position and terms and conditions of service at the end of the period of leave without pay.
8. Approval of Leave without pay to undertake commercial research in the Centre for Innovation is made as follows:

   Type of leave	Approval
   Leave without pay for up to two years for purposes of undertaking commercial research in the Centre for Innovation	Staffing Advisory Committee (on recommendation of Divisional Head, Dean and Head of Department)

9. The Application Form or a letter which provides the same information is required by the Staff Advisory Committee.

Staff wishing to undertake commercial research on a part-time basis

1. Applications from staff for purposes of undertaking commercial research on a part-time basis in the University's Centre for Innovation will be approved only if the interests of the University are fully protected, including those of intellectual property.
2. A mutually acceptable business contract between the University and the commercial research venture organisation should be entered into prior to the start of the period of part-time commercial research.
3. No staff member shall normally be eligible for part-time commercial research unless they hold a confirmed appointment at the University.
4. Applications will be considered having regard to recent leave, including Research and Study Leave.
5. Applications will be considered for a period not exceeding two years at any one time.
6. During the period that the staff member is undertaking commercial research in the Centre for Innovation:
   • they will be required to work specified hours at the University, as agreed and approved by the Head of Department;
   • their major University-related responsibilities will be determined by their Head of Department in the best interests of the Department and the University;
   • they will remain in the employ of the University, except that an agreed portion of their time will be funded by the commercial research venture; and
   • they will continue to receive their full salary and service based entitlements according to their Employment Agreement with the University.
7. Other appropriate terms and conditions for part-time commercial research may be agreed on a case by case basis.
8. Approval of leave without pay to undertake part time commercial research in the Centre for Innovation is made as follows:

   Type of leave	Approval
   Leave without pay for up to two years for purposes of undertaking part time commercial research in the Centre for Innovation	Staffing Advisory Committee (on recommendation of Divisional Head, Dean and Head of Department)

9. The Leave Without Pay application form or a letter which provides the same information is required by the Staff Advisory Committee.

Related policies, procedures and forms

• Leave Without Pay Application Form (on HR forms page)
• Research and Study Leave Policy
• Conference Leave Policy
• Guidelines for Approval of Exchange Staff with Approved Exchange Partners for Academic Staff for periods exceeding 21 days

Contact for further information

If you have any queries regarding the content of this policy or need further clarification, contact:

Dan Wilson
HR Manager, Promotions and Remuneration
Email dan.wilson@otago.ac.nz
Tel +64 3 479 8092