H1343B2575A05986     DMS:BTW  11/01/11     #90        A05986

AMENDMENTS TO HOUSE BILL NO. 1343

Sponsor: REPRESENTATIVE BAKER

Printer's No. 2575

Amend Bill, page 8, by inserting between lines 20 and 21

CHAPTER 9

FACULTY PROVISIONS

Section 901.  College year and classifications.

(a)  Pay periods.--

(1)  Each person, regardless of the date of appointment,

appointed to a position as an administrator or member of the

faculty of a State university within the classifications

stated in this section may be paid for services rendered

during the regular nine month college year.

(2)  Each person employed for the full nine-month college

year may receive either 20 or 26 biweekly salary payments.

(3)  In no case shall any faculty member receive more

compensation in 26 pays than the faculty member would have

received in 20 pays.

(4)  Each person employed during any period beyond the

regular nine-month college year shall be paid at the same

rate of compensation that the person received or would have

been entitled to receive during the regular college year.

(b)  List of classifications.--The classifications under

subsection (a) shall be as follows:

(1)  Professor qualifications, an earned doctor's degree,

at least seven years of teaching experience.

(2)  Associate professor qualifications, a minimum of an

earned doctor's degree or a master's degree plus 40 semester

hours of graduate credit or a total of 70 semester hours of

graduate credit including a master's degree or all course

work completed toward a doctorate as certified by the

university where the work is being taken or equivalent

experience, at least five years of teaching experience.

(3)  Assistant professor qualifications, a minimum of

master's degree plus ten semester hours of graduate credit or

equivalent experience.

(4)  Instructor qualifications, a minimum of bachelor's

degree plus 15 semester hours of graduate credit.

(c)  Considerations for classifications.--

(1)  Graduate degrees and preparation to meet the

classifications of this section must be earned in fields

related to the service rendered to the university.

(2)  Upon the recommendation of the president of a State

university, the board may accept other education and

experience qualifications than those mandated in this act for

temporary appointments.

Section 902.  Leaves of absence.

(a)  Eligibility.--

(1)  Upon recommendation of the president of a State-

owned university, a leave of absence for a period not to

exceed 18 college calendar weeks with full pay or a leave of

absence for a period not to exceed 36 calendar weeks with

half pay, for restoration of health, study, travel or other

appropriate purposes, may be granted to any member of the

faculty of any university which is part of the system who has

completed seven or more years of satisfactory services as a

member of the faculty of one or more universities in the

system. Provided, that at least five consecutive years of

such service shall have been rendered to the university from

which the leave is sought.

(2)  At the option of the employee, if the university

operates on a system of units other than semesters, the

emplyee may be granted a period corresponding to one or more

units, within the previous restriction of total weeks.

(3)  Leaves may be granted for any part of the calendar

year.

(4)  After completion of the requisite seven years, one

leave of absence shall be allowed for each additional seven

years of service upon recommendation and approval by the

president of the State-owned university.

(5)  Leaves shall be accumulated so that no one shall

lose entitlement because of failure to use leave, but no one

shall be entitled to use more than 36 weeks of accumulated

leave in succession.

(6)  The board may grant a leave of absence to other

system employees on the same basis as faculty members, as

defined in this act.

(b)  Return to employment.--

(1)  No leave of absence shall be granted unless the

person agrees, in writing, to return to the person's

employment with the university for a period of not less than

one year immediately following the expiration of the leave of

absence.

(2)  The president of the State-owned university, with

the approval of the chancellor, may waive the requirement to

return to the university if both agree that it is in the best

interest of the university to waive the requirement to

return. The agreement to waive the requirement must be in

writing and signed.

(c)  Effect of leave of absence.--

(1)  No such leave of absence shall be considered a

termination or breach of the contract of employment and the

person on leave of absence shall be returned to the same

position he or she occupied prior thereto.

(2)  Every employee, while on such leave of absence,

shall be considered to be in regular full-time daily

attendance in the position from which the leave was taken

during the period of leave, for the purpose of determining

the employee's length of service and the right to receive

increments.

(3)  Every person on leave of absence shall retain the

right to make contributions as a member of either the State

Employees' Retirement Fund or the Public School Employees'

Retirement Fund and continue the person's membership in

whichever system the person currently holds membership.

(d)  Policies.--Each State-owned university shall have the

right to make such policies as it may deem necessary to make

sure that employees on leave shall utilize such leave properly

for the purpose for which it was granted, requiring reports from

the employee or employees on leave in such manner as it may deem

necessary.

(e)  Construction.--Nothing in this section shall be

construed to prevent any person on leave of absence from

receiving a grant for further study from any institution of

learning other than the State-owned university by which

employed.

Section 903.  Faculty salaries in cases of sickness or death.

(a)  Sickness.--

(1)  In any college year, whenever a member of a faculty

of any State-owned university is prevented by illness or

accidental injury from following the member's occupation,

during the regular college year, or at any other time when

performing the member's duties as a faculty member, there

shall be paid to the employee the full salary to which the

employee may be entitled as if the employee were actually

engaged in the performance of duty for a period of 15 days.

Sundays, holidays and vacation periods shall not be counted

as days lost.

(2)  Such leave shall be cumulative from year to year but

shall not exceed 90 days' leave with full pay in any one

year.

(3)  Notwithstanding provisions of paragraphs (1) and

(2), no faculty member's salary shall be paid, if the

accidental injury is incurred while the employee is engaged

in remunerative work unrelated to school duties.

(4)  Until such time as an employee has accumulated 90

days' leave, the provisions of this section shall not

preclude the granting of additional sick leave by

administrative action.

(b)  Death.--Whenever a member of a faculty of any State-

owned university shall be absent from duty because of a death in

the immediate family of the employee, there shall be no

deduction in salary of the employee for an absence not in excess

of three days. Members of the immediate family shall consist of

father, mother, brother, sister, son, daughter, husband, wife or

parent-in-law and include any near relative who resides in the

same household or any person with whom the employee resides.

(c)  Payment of compensation.--All compensation required to

be paid under the provisions of this section shall be paid to

the employee in the same manner and at the same time the

employee would have received the employee's salary if actually

engaged in the performance of the employee's duties.

Section 904.  Effect on existing arbitration awards.

The precedential effect of any arbitration award or opinion

issued or pending prior to the effective date of this section

pursuant to a collective bargaining agreement authorized by the

act of July 23, 1970 (P.L.563, No.195), known as the Public

Employe Relations Act, shall not be diminished, altered or in

any manner limited by any repeal made in this act.

Amend Bill, page 8, line 21, by striking out "9" and

inserting

11

Amend Bill, page 8, line 23, by striking out "901" and

inserting

 1101

Amend Bill, page 9, line 9, by striking out "902" and

inserting

 1102