Page 1 of 29 25 LEAVE POLICY Staff members may check information on matters relating to their employment at the HKUST, such as visa requirement, Hong Kong Identity Card, contractual benefits like leave, medical and dental benefits, and housing benefits, etc. from the Personnel Office's webpage under the University's Intranet <http://www.ab.ust.hk/po/>. Matters concerning quarters are handled by the Estates Management Office. Matters on the finance side such as salaries, salary tax, gratuity, superannuation scheme, reimbursement of passage, etc. are serviced by the Finance Office. The Personnel Office will announce new policies and procedures concerning employment of faculties and staff by means of circulars. Every Department/Division should have a complete record of the circulars issued by the Personnel Office. Staff members may also refer to postings under Personnel Policies and Procedures and Circulars in the webpage of the Personnel Office. Colleagues are requested to refer to either the hard copies of circulars kept by the Inter-departmental Liaison Persons in their Department/Division or to the circulars posted on the web page of the Personnel Office for updated announcement by the Personnel Office. Location and contact points: Personnel Office - Lift 3, 5/F, Room 5333 General Enquiries: x6580 Contacts - The Personnel Office is divided into three teams, each of which is responsible for handling personnel matters for designated departments. You may contact members of the team responsible for your department on all personnel-related matters. (You may find the list of team members responsible for your department under the web page of the Personnel Office (http://www.ab.ust.hk/po/) or in the University s communications directory.)
Page 2 of 29 25.1 Regulations and Approving Authority The leave entitlements of appointees are stipulated in their respective Letter of Appointment and the accompanying terms of service document. Absence from duty on the part of any appointee must have prior approval from the supervisor concerned and, save for special leave which may be granted on an ad hoc basis by the University, the absence must be covered by any one form of leave as spelt out in their respective Letter of Appointment and the accompanying terms of service document. This applies throughout the year including periods when classes are suspended in the University. In approving leave applications, the University's staffing requirements will take precedence over all other considerations. The University reserves the right to take whatever action deemed necessary on appointees' absence without properly authorised leave. Leave period, unless separated by an official working day of the University on which the appointee is on duty, shall be counted as continuous. Except approved short leave, leave period shall not serve as part or whole of notice of resignation.
Page 3 of 29 Approving Authority for Faculty's Leave Type of Leave Level of Staff Approving Authority Annual, Short, Advance Sabbatical Professional No-Pay Special For leave exceeding a continuous period of one calendar month For leave not exceeding a continuous period of one calendar month Assistant Professor to Professor Head of Department Dean and Associate Vice-President VPAA Assistant Professor to Professor Head of Department Dean/Associate Vice-President* Vice-President* Assistant Professor up to Associate Vice-President VPAA Assistant Professor up to Head of Department Dean, Associate Vice-President VPAA Assistant Professor up to Associate Vice-President VPAA Assistant Professor to Professor Head of Department Dean, Associate Vice-President VPAA Head of Department Dean VPAA President VPAA on recommendation of Dean and Head of Department VPAA on recommendation of Dean President on recommendation of VPAA Council on recommendation of President VPAA on recommendation of, where appropriate, Dean and Head of Department President VPAA on recommendation of, where appropriate, Dean and Head of Department President on recommendation of VPAA President VPAA on recommendation of, where appropriate, Dean and Head of Department President Head of Department Dean VPAA President Note * Capacity prior to retreating into/assumption of a full-time academic appointment
Page 4 of 29 Type of Leave Level of Staff Approving Authority Assistant Professor to Professor Head of Department Sick Head of Department Dean/Associate Vice-President Dean VPAA VPAA President Maternity All ranks Director of Personnel through Supervisor
Page 5 of 29 25.2 Annual/Short Leave For faculty staff first offered appointment on regular terms of service on or after 1 September 2001 1. Faculty staff first offered appointment on regular terms of service on or after 1 September 2001 shall be entitled to annual leave per complete year of service at the following rates: (a) appointees with less than ten years of full-time continuous service at the University: 22 working days; (b) appointees with ten or more years of full-time continuous service at the University: 26 working days. Leave for an incomplete year of service shall be calculated on a pro-rata basis for the months served. A leave year shall be defined as the 12-month period starting from an individual appointee s date of assumption of duty. 2. Annual leave should normally be taken within the leave year during which the leave is earned. 3. Annual leave is to be taken at a time approved by the University and for academic staff, it should normally be taken only during non-teaching periods. 4. Annual leave may be taken on a half-day basis. Only official working days will be included in computing the length of annual leave. 5. Exceptionally, if leave earned during a leave year is not cleared within the same leave year, up to a maximum of 14 days of the leave may be deferred to be taken in the next following leave year. The permitted deferred leave must be taken by the end of the next following leave year, or it shall be forfeited on commencement of the subsequent leave year. No further deferment or accumulation will be allowed. 6. The deferment of leave in paragraph 5 above shall be subject to the taking of a minimum number of days of annual leave each year as required under the Employment Ordinance which also stipulates that part of the leave should be taken on a consecutive basis. The duration of leave which has to be cleared each year and the period of leave that has to be taken consecutively per year vary according to the years of service at the University as listed below:
Page 6 of 29 Year of Service No. of days of annual leave which Minimum no. of days of annual leave must be taken on a consecutive which must be taken each year basis 1 st to 2 nd year 7 4 3 rd year 8 5 4 th year 9 6 5 th year or beyond 10 7 Appointees must comply with the above provisions in the Ordinance in taking their leave. 7. Appointees with their leave years ending in May, June, July or August may be permitted to take the leave earned during that leave year before the end of September of the same year. Any such leave not taken by the end of September of the same year or on cessation of employment, whichever is the earlier, will be forfeited except for the permitted deferment for that leave year under paragraph 5 above. 8. Subject to any permitted deferred leave above, annual leave not taken shall be forfeited on commencement of the subsequent leave year. No payment-in-lieu will be made for any unspent annual leave, except that on cessation of employment, leave payment up to a maximum of 28 days of leave will be made for the appointee s outstanding, non-forfeited leave balance including any untaken deferred leave permitted under paragraph 5 above but not for leave under paragraph 7 above. 9. The leave days for which payment will be made on cessation of appointment shall not be regarded as service for any purpose, and shall not attract any type of staff benefits including leave, passage, superannuation benefits or gratuity, etc. 10. Annual leave shall not serve as part or whole of notice of resignation. 11. The granting of annual leave shall be governed by regulations the University may make from time to time. Such regulations will be announced to staff. 12. All applications for annual leave should be made on appropriate application forms which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office. Completed forms should be forwarded to the Personnel Office for record after approval from the appropriate authority has been obtained. 13. Appointees should give sufficient notice to their Heads of Department or supervisors of their leave plans so that appropriate staffing arrangement, where necessary, can be made.
Page 7 of 29 For faculty staff first offered appointment on regular terms of service before 1 September 2001 Annual Leave 1. Faculty staff first offered appointment on regular terms of service before 1 September 2001 shall be entitled to six calendar weeks of annual leave per complete year of service or on a pro-rata basis for the months served. A leave year shall be defined as the 12-month period starting from an individual appointee s date of assumption of duty. 2. All six weeks should normally be taken within the leave year during which the leave is earned and at the most in two periods. 3. Annual leave is to be taken at a time approved by the University and for academic staff, it should normally be taken only during non-teaching periods. 4. Exceptionally, if leave earned during a leave year is not cleared within the same leave year, up to a maximum of 14 days of the leave may be deferred to be taken in the next following leave year. The permitted deferred leave must be taken by the end of the next following leave year, or it shall be forfeited on commencement of the subsequent leave year. No further deferment or accumulation will be allowed. 5. Appointees with their leave years ending in May, June, July or August may be permitted to take the leave earned during that leave year before the end of September of the same year. Any such leave not taken by the end of September of the same year or on cessation of employment, whichever is the earlier, will be forfeited except for the permitted deferment for that leave year under paragraph 4 above. 6. Subject to any permitted deferred leave above, annual leave not taken shall be forfeited on commencement of the subsequent leave year. No payment-in-lieu will be made for any unspent annual leave, except that on cessation of employment, leave payment up to a maximum of 28 days of leave will be made for the appointee s outstanding, non-forfeited leave balance including any untaken deferred leave permitted under paragraph 4 above but not for leave under paragraph 5 above. 7. The leave days for which payment will be made on cessation of appointment shall not be regarded as service for any purpose, and shall not attract any type of staff benefits including leave, passage, superannuation benefits or gratuity, etc. 8. Annual leave can only be taken on a whole-day basis and shall normally not be less than one calendar week.
Page 8 of 29 9. Gazetted general holidays, Sundays and Saturdays which occur during a period of annual leave will be included in computing the length of leave. 10. Annual leave shall not serve as part or whole of notice of resignation. 11. The granting of annual leave shall be governed by regulations the University may make from time to time. Such regulations will be announced to staff. Short Leave 1. Faculty staff first offered appointment on regular terms of service before 1 September 2001 shall also be entitled to 12 working days of short leave per complete year of service which must be taken during the leave year, to be defined as the 12-month period starting from an individual appointee s date of assumption of duty. Any untaken short leave shall be forfeited. 2. Short leave cannot be combined with other types of leave except special leave and not more than six working days of short leave can be taken consecutively. 3. Approved short leave can be taken on a half-day basis and official working days (including Saturday mornings regardless whether classes have been scheduled) will be counted in computing the length of short leave. Where appointees are on an alternate Saturday on and off working schedule, short leave taken on the Friday preceding and the Monday following an off Saturday shall be regarded as two consecutive days of short leave. 4. Approved short leave may be taken during a notice period of resignation or termination of employment. Any short leave not taken shall be forfeited on the date when resignation/termination becomes effective. Application Procedures 1. All applications for annual and short leave should be made on appropriate application forms which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office. Completed forms should be forwarded to the Personnel Office for record after approval from the appropriate authority has been obtained. 2. Appointees should give sufficient notice to their Heads of Department or supervisors of their leave plans so that appropriate staffing arrangement, where necessary, can be made.
Page 9 of 29 25.3 Sabbatical Leave 1. Sabbatical leave with full pay may be granted to eligible academic staff members where provided for in their Letters of Appointment for purposes of academic research, scholarly pursuits and professional development so that they will continue to give a high standard of service to the University upon return from leave. Sabbatical leave is not an appointee's contractual right and is subject to approval by the University on application. In considering each application, the needs and priorities of the University shall prevail and the granting of sabbatical leave shall be subject to sound justification, the University's regulations and on such other terms as the University may determine from time to time. 2. For academic staff members who are full-time academic administrators, the granting of sabbatical leave shall be subject to supplementary conditions in addition to the regulations applicable to the academic appointees in general. Full-time academic administrators shall be defined to include the President, the Vice- President for Academic Affairs, the Vice-President for Research and Development, the Deans, the Associate Vice-Presidents for Academic Affairs, and any other such positions as the University may determine from time to time, provided that they hold concurrent academic appointments.
Page 10 of 29 Regulations for Academic Staff (other than Full-Time Academic Administrators) Note* - Full-time Academic Administrators are defined to include the President, the Vice- President for Academic Affairs, the Vice-President for Research and Development, the Deans, the Associate Vice-Presidents for Academic Affairs, and any other such positions as the University may determine from time to time, provided that they hold concurrent academic appointments. 1. Subject to provisions in the appointee's Letter of Appointment regarding his/her eligibility to apply for sabbatical leave and provisions in these regulations, sabbatical leave with full-pay may be granted to full-time academic staff members of the University appointed on regular terms of service for purposes of academic research, scholarly pursuits and professional development so that they will continue to give a high standard of service to the University upon their return from leave. Sabbatical leave is not an appointee's contractual right and is subject to approval by the University on application. In considering each application, the needs and priorities of the University shall prevail and the granting of sabbatical leave shall be subject to sound justification and on such other terms as the University may determine from time to time. 2. An appointee shall not be eligible to apply for sabbatical leave: (a) unless he/she has (i) (ii) completed a minimum of 24 months of sabbatical credit-earning service (a period of sabbatical credit-earning service shall start on the date of assumption of duty in Hong Kong -- either on first appointment or on returning from the last sabbatical leave taken -- and shall include public and University holidays, sick leave with pay, maternity leave with pay, short leave and special leave not exceeding a continuous period of one month; but shall exclude, unless otherwise decided by the University, periods taken of annual leave, sabbatical leave, study leave, maternity leave without pay, special leave for a continuous period of more than one month, any form of no-pay leave and any other form of leave taken); and completed the initial contract term or if he/she is serving on an initial contract, been offered re-appointment by the University and accepted such re-appointment; (b) if he/she has changed from a full-time academic post to another position which does not earn sabbatical credit, in which case the sabbatical credit
Page 11 of 29 ` earned during the academic appointment shall be frozen and approval originally granted for sabbatical leave, if any, shall automatically be rescinded (should the appointee subsequently revert to an academic position, the frozen accumulation of sabbatical credit may be carried forward to be expended during the subsequent academic appointment); (c) if he/she has tendered notice of resignation or has been given notice of termination from University service, in which case the eligibility to apply for sabbatical leave shall cease and approval originally granted for sabbatical leave shall automatically be rescinded. 3. Sabbatical leave, if granted, shall be limited to the rate of 1/6 of a period of creditearning service up to a maximum of 12 months. Notwithstanding reaching the maximum accumulation, an appointee may only take sabbatical leave subject to application and on approval by the University at its absolute discretion. Except when an appointee is specifically required by the University to divide a sabbatical leave into more than one period, sabbatical credit is not carried beyond the time at which a period of sabbatical leave is taken; an appointee on return from sabbatical leave will start with a zero account of sabbatical leave. 4. The salary payable to an appointee on sabbatical leave shall be pegged at the level prevailing immediately prior to commencement of the sabbatical leave except as otherwise stated in the Letter of Appointment and save for any salary increment already stipulated in the Letter of Appointment and University-approved cost of living adjustments. 5. An appointee shall not hold any executive position in another establishment during his/her sabbatical leave without the express approval of the University. An appointee shall report and obtain prior approval from the University for receiving any earnings or remuneration or any reward in cash or in kind for undertaking any activities for which the sabbatical leave is granted. Of all such outside earnings received during the sabbatical leave, an appointee shall be required to contribute to the University an amount equal to all the outside earnings less (i) (ii) earnings or remuneration for consulting work during the sabbatical leave which is carried out within the University's permissible limit of one working day per week, if any; and amounts received for the express purpose of compensating for extra costs associated with taking up the sabbatical leave (e.g. maintenance of a second household, travel and moving, excess cost of living where clearly demonstrable, excess educational expenses for dependants, income tax
Page 12 of 29 arising from the earnings received from the host institution/organisation where the appointee undertakes his/her sabbatical leave related activities, etc.). Contribution of earnings, remuneration or reward given in the form of an honorarium may be waived on the merits of each case and to be decided at the absolute discretion of the University. 6. Sabbatical leave shall not be taken on a fragmented basis. To ensure that semesters are kept intact, sabbatical leave should normally be taken on a semester basis. 7. Periods of sabbatical leave will not be counted for the purpose of earning any type of leave (e.g. annual/short leave) and leave passages but will count for other benefits. Sabbatical leave will count towards Scheme Service under the University's Staff Superannuation Scheme subject to the usual rules and regulations governing the Scheme or will count as gratuity-bearing service as appropriate. Sabbatical leave will also be recognised as salary increment earning service where appropriate. 8. Sick leave, maternity leave or special leave will not normally be granted for any period falling within a period of sabbatical leave. For example, if an appointee falls sick whilst on sabbatical leave, his/her absence will continue to be charged against the originally granted sabbatical leave and no sick leave will be granted to cover such periods of absence. 9. Earned annual leave may be combined with sabbatical leave but only either at the commencement or at the end of the sabbatical leave subject to the total period of absence not exceeding a maximum of 12 months. Any period of absence from the University immediately before or after the sabbatical leave will be counted as annual leave. Unless otherwise approved under exceptional circumstances, sabbatical leave may not be combined with any other form of leave. 10. No replacement may be employed for academic staff members taking sabbatical leave. 11. Under no circumstances shall payment be made in lieu of sabbatical leave. 12. Sabbatical leave shall not serve as part or whole of notice of resignation. If an appointee tenders notice of resignation whilst on sabbatical leave, the sabbatical leave will be curtailed immediately upon tendering of notice of resignation. The appointee should resume duty in the University in the first instant to serve his/her notice of resignation.
Page 13 of 29 13. On returning from sabbatical leave, an appointee should submit a short report to the Approving Authority via the Recommending Authority, within 3 months upon resumption of duty, on whether the planned activities during the sabbatical leave have been fulfilled and their results. 14. An appointee who has taken sabbatical leave shall also be required to render post-leave on-campus service at the rate of two months of service for each month of sabbatical leave taken. Should an appointee leave the service of the University prior to completion of the post-leave on-campus service, he/she may, upon serving the requisite notice period of resignation, be allowed to charge the shortfall of the post-leave service to his/her annual leave balance, if any, on a oneto-one basis. In all other circumstances, he/she would be required to refund to the University the full or a pro-rata share of the salary paid during the sabbatical leave. Post-leave service shall however not in any way remove from the University the right to terminate the employment of any staff members within the terms of employment nor does it oblige the University to offer a renewal of contract for staff serving on contracts of employment. 15. The approving authority for sabbatical leave is as follows: Appointee Head of Department (HoD) Professor / Associate Professor / Assistant Professor Approving Authority Vice-President for Academic Affairs (VP-AA) via Dean VP-AA via Dean via HoD 16. In order that the Department concerned may find ways to cover the appointee's duties, applications for sabbatical leave should be made as early as possible and in no case less than 6 months in advance. Applicants should as far as possible discuss their plan with their Department Head or supervisor well beforehand. Applications should be made on the appropriate form, which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office, and be forwarded to the approving authority via the recommending authority. 17. The University reserves the right to amend the Regulations for Sabbatical Leave as and when necessary. Any amendment will be announced to staff.
Page 14 of 29 Regulations for Full-Time Academic Administrators 1. Full-time Academic Administrators shall be defined to include the President, the Vice-President for Academic Affairs, the Vice-President for Research and Development, the Deans, the Associate Vice-Presidents for Academic Affairs, and any other such positions as the University may determine from time to time, provided that they hold concurrent academic appointments. 2. Subject to provisions in the appointee's Letter of Appointment regarding his/her eligibility to apply for sabbatical leave and provisions in these regulations, sabbatical leave with full-pay may be granted to full-time academic staff members of the University appointed on regular terms of service for purposes of academic research, scholarly pursuits and professional development so that they will continue to give a high standard of service to the University upon their return from leave. Sabbatical leave is not an appointee's contractual right and is subject to approval by the University on application. In considering each application, the needs and priorities of the University shall prevail and the granting of sabbatical leave shall be subject to sound justification and on such other terms as the University may determine from time to time. 3. A full-time academic administrator shall not be eligible to apply for sabbatical leave: (a) unless he/she has (i) (ii) completed a minimum of 24 months of sabbatical credit-earning service (a period of sabbatical credit-earning service shall start on the date of assumption of duty in Hong Kong -- either on first appointment or on returning from the last sabbatical leave taken -- and shall include public and University holidays, sick leave with pay, maternity leave with pay, short leave and special leave not exceeding a continuous period of one month; but shall exclude, unless otherwise decided by the University, periods taken of annual leave, sabbatical leave, study leave, maternity leave without pay, special leave for a continuous period of more than one month, any form of no-pay leave and any other form of leave taken); and completed the initial contract term or if he/she is serving on an initial contract, been offered re-appointment by the University and accepted such re-appointment;
Page 15 of 29 (b) unless he/she has retreated into a full-time academic position or accepted an offer of renewal of appointment solely as a full-time academic upon expiry of his/her contract as full-time academic administrator; (c) if he/she has tendered notice of resignation or has been given notice of termination from University service, in which case the eligibility to apply for sabbatical leave shall cease and approval originally granted for sabbatical leave shall automatically be rescinded. 4. If approved, the sabbatical leave shall take place immediately upon commencement of the full-time academic appointment, subject to continued service with the University on completion of such leave. 5. The service as full-time academic administrator shall count towards the earning of sabbatical credit. 6. Sabbatical leave, if granted, shall be limited to the rate of 1/6 of a period of creditearning service up to a maximum of 12 months. Notwithstanding reaching the maximum accumulation, an appointee may only take sabbatical leave subject to application and on approval by the University at its absolute discretion. Except when an appointee is specifically required by the University to divide a sabbatical leave into more than one period, sabbatical credit is not carried beyond the time at which a period of sabbatical leave is taken; an appointee on return from sabbatical leave will start with a zero account of sabbatical leave. 7. The salary payable for the sabbatical leave shall be pegged at the level for the fulltime academic appointment on the commencement of the sabbatical leave except as otherwise stated in the Letter of Appointment and save for any salary increment already stipulated in the Letter of Appointment and University approved cost of living adjustments. 8. An appointee shall not hold any executive position in another establishment during his/her sabbatical leave without the express approval of the University. An appointee shall report and obtain prior approval from the University for receiving any earnings or remuneration or any reward in cash or in kind for undertaking any activities for which the sabbatical leave is granted. Of all such outside earnings received during the sabbatical leave, an appointee shall be required to contribute to the University an amount equal to all the outside earnings less (i) earnings or remuneration for consulting work during the sabbatical leave which is carried out within the University's permissible limit of one working day per week, if any; and
Page 16 of 29 (ii) amounts received for the express purpose of compensating for extra costs associated with taking up the sabbatical leave (e.g. maintenance of a second household, travel and moving, excess cost of living where clearly demonstrable, excess educational expenses for dependants, income tax arising from the earnings received from the host institution/organisation where the appointee undertakes his/her sabbatical leave related activities, etc.). Contribution of earnings, remuneration or reward given in the form of an honorarium may be waived on the merits of each case and to be decided at the absolute discretion of the University. 9. Sabbatical leave shall not be taken on a fragmented basis. To ensure that semesters are kept intact, sabbatical leave should normally be taken on a semester basis. 10. Periods of sabbatical leave will not be counted for the purpose of earning any type of leave (e.g. annual/short leave) and leave passages but will count for other benefits. Sabbatical leave will count towards Scheme Service under the University's Staff Superannuation Scheme subject to the usual rules and regulations governing the Scheme or will count as gratuity-bearing service as appropriate. Sabbatical leave will also be recognised as salary increment earning service where appropriate. 11. Sick leave, maternity leave or special leave will not normally be granted for any period falling within a period of sabbatical leave. For example, if an appointee falls sick whilst on sabbatical leave, his/her absence will continue to be charged against the originally granted sabbatical leave and no sick leave will be granted to cover such periods of absence. 12. Earned annual leave may be combined with sabbatical leave but only either at the commencement or at the end of the sabbatical leave subject to the total period of absence not exceeding a maximum of 12 months. Any period of absence from the University immediately before or after the sabbatical leave will be counted as annual leave. Unless otherwise approved under exceptional circumstances, sabbatical leave may not be combined with any other form of leave. 13. No replacement may be employed for appointees taking sabbatical leave. 14. Under no circumstances shall payment be made in lieu of sabbatical leave. 15. Sabbatical leave shall not serve as part or whole of notice of resignation. If an appointee tenders notice of resignation whilst on sabbatical leave, the sabbatical leave will be curtailed immediately upon tendering of notice of resignation. The
Page 17 of 29 appointee should resume duty in the University in the first instant to serve his/her notice of resignation. 16. On returning from sabbatical leave, an appointee should submit a short report to the Approving Authority via the Recommending Authority, within 3 months upon resumption of duty, on whether the planned activities during the sabbatical leave have been fulfilled and their results. 17. An appointee who has taken sabbatical leave shall also be required to render post-leave on-campus service at the rate of two months of service for each month of sabbatical leave taken. Should an appointee leave the service of the University prior to completion of the post-leave on-campus service, he/she may, upon serving the requisite notice period of resignation, be allowed to charge the shortfall of the post-leave service to his/her annual leave balance, if any, on a oneto-one basis. In all other circumstances, he/she would be required to refund to the University the full or a pro-rata share of the salary paid during the sabbatical leave. Post-leave service shall however not in any way remove from the University the right to terminate the employment of any staff members within the terms of employment nor does it oblige the University to offer a renewal of contract for staff serving on contracts of employment. 18. The approving authority for sabbatical leave for full-time academic administrators on their retreating into or taking up a full-time academic appointment is as follows: Capacity Prior to Retreating into/ Assumption of a Full-time Academic Appointment President Vice-Presidents (VPs) Deans and others Approving Authority Council Council via President President via Vice-President for Academic Affairs (VP-AA) 19. In order that arrangements can be made to cover the appointee's duties, applications for sabbatical leave should be made as early as possible and in no case less than 6 months in advance. Applicants should as far as possible discuss their plan with the approving authority well beforehand. Applications should be made on the appropriate form, which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office, and be forwarded to the approving authority via the recommending authority. 20. The University reserves the right to amend the Regulations for Sabbatical Leave as and when necessary. Any amendment will be announced to staff.
Page 18 of 29 Application Procedure 1 Staff members intending to apply for permission to take sabbatical leave should give sufficient time for the recommending and approving authorities to consider each application. Applications should be made at least six months in advance, but applicants should as far as possible discuss their plans with their Heads of Departments or the appropriate supervisors well beforehand. If staff members who are serving on an initial contract wish to apply for sabbatical leave but have not yet been offered and accepted re-appointment by the University, the application should still be submitted at least six months in advance. The approval of the application in such case will be subject to, among others, confirmation of the applicants' continued appointment at the University upon expiry of the initial contract at the time the approval is given. 2 Applications for sabbatical leave should be made on the form "Application for Sabbatical Leave" (Form PO/PL-3) and forwarded to the Personnel Office, which will check and confirm if the applicant has sufficient sabbatical credits before passing the application to the relevant recommending/approving authorities.
Page 19 of 29 25.4 Special Leave and Absence on Duty Regulations for Special Leave 1. Special leave is not an appointee's entitlement. Subject to the conditions set out in these Regulations, special leave may be granted to full-time academic and equivalent administrative staff to undertake University-related or other approved activities on application. The granting of special leave is subject to the overriding consideration that the teaching/research/administrative duties of the appointee concerned will not be affected and approval of each application is at the absolute discretion of the University. 2. Subject to justifications of individual application and on such conditions and terms as determined by the University, special leave with full-pay may be granted for the following purposes: (a) (b) (c) to attend academic or professional conferences, seminars or other learned meetings; to carry out University-related research activities which require the appointee's absence from the University; to carry out other business endorsed by the University; or (d) to perform public duties in a Government-appointed capacity subject to approval by the University on the merits of individual case. 3. Special leave will not be granted to staff members to undertake elected public service, i.e. public service which the staff member undertakes on his/her own accord. 4. Special leave shall not normally exceed a continuous period of one calendar month and shall not be granted to an appointee in the course of or in combination with sabbatical leave. A continuous period of more than one month of special leave shall not earn annual/short leave or sabbatical credit. Special leave may however be combined with short leave or annual leave. 5. Application for special leave should be made on the "Application for Special Leave" Form (Form PO/PL-2), which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office, and be submitted to the appropriate approving authority. The form should be forwarded to the Personnel Office for record after approval for the special leave has been given.
Page 20 of 29 6. The University reserves the right to amend the Regulations for Special Leave as and when necessary. Any amendment will be announced to staff. Absence on Duty 7. Appointees who are required by the University to carry out official business (e.g. recruitment activities, etc) outside the University, either locally or outside Hong Kong, will be regarded as being on duty. To facilitate insurance coverage for staff performing University duties overseas, appointees concerned should ensure that the Finance Office has been duly notified prior to their departure from Hong Kong. Heads of Departments are required to keep a record of the periods when their staff members are directed to perform duties overseas and the nature of such duties. For Heads of Departments and above, such records should be kept by their respective supervisors. The records should be submitted to the relevant Vice- President at quarterly intervals each calendar year.
Page 21 of 29 25.5 Professional Leave 1. Professional leave is a form of no-pay leave that University staff may apply to take for the purpose of engaging directly in the transfer of technology or in the development of industry / business / community through the application of their professional expertise. 2. To fulfil the University s mission and objective to promote the economic and social development of Hong Kong, the University encourages its staff to apply their knowledge and innovative ability to enrich the society. As the University is committed to playing an active role in nurturing new knowledge-based ventures through facilitating its staff to engage directly in the transfer of technology, or in the development of industry / business / community through the application of their professional expertise, University staff members who wish to embark on such pursuits may apply to take professional leave, which is a form of no-pay leave. 3. The granting of professional leave is subject to the following terms: (a) The appointee s activities during the period of absence must be based principally in Hong Kong, and be of clear benefit to Hong Kong. (b) (c) During the period of absence, the appointee will not receive normal salary, nor any of the benefits associated with a normal regular appointment. Where the appointee is requested to provide services to the University during the professional leave, such as teaching a course, supervising postgraduate students, conducting research supported by grants / contracts, etc, the University may contract for these services on a part-time basis. Apart from salary, no benefits other than those provided for under the Employment Ordinance will be payable where applicable. (d) The appointee may apply to rent an apartment from the University at a University-determined market rate. (e) The appointee may apply to continue membership under the University medical and dental schemes by paying the premium. (f) Professional leave may generally be sought for a period of not more than 12 months, to include one or two full semesters. Longer periods may be considered on an exceptional basis.
Page 22 of 29 (g) Only academic and equivalent administrative staff employed on regular terms are eligible to apply for professional leave. 4. Application for professional leave should be submitted to the Head of Department at least four months prior to the proposed start date of the leave in the first instance. Where supported, the application should be sent to the Dean for endorsement if appropriate, and then to the Branch Vice-President (VP) for approval, or to the President in respect of staff in units reporting directly to him. Where the Head proposes that the University contracts for the services of the staff member on a part-time basis during the period of leave, details of the part-time appointment that are being proposed should be submitted together with the application for approval. 5. Applications should be made on the Application for Professional Leave form (PO/PL-8), copies of which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office.
Page 23 of 29 25.6 No-pay Leave 1. No-pay leave is not an entitlement and may be granted only in very exceptional circumstances on application subject to the terms and conditions as determined at the absolute discretion of the University. In considering applications from staff members for no-pay leave, the exigencies of the University's activities shall take precedence. Unless otherwise approved under exceptional circumstances, no-pay leave shall not be combined with sabbatical leave. 2. Unless otherwise determined by the University, staff members shall have to clear all their earned leave first before proceeding on no-pay leave. 3. Staff members on no-pay leave shall cease to be eligible for all staff benefits (except for Local and Overseas Education Allowances which shall cease to be payable only if the no-pay leave is in excess of 30 days) until their resumption of full-time service. No-pay leave shall normally be neither leave/increment earning nor counted as gratuity-bearing or superannuation service but shall not in general constitute a break in University service. 4. The approval for staff members to take no-pay leave while serving on a fixed term contract shall normally be subject to the condition that their contract period be extended either by a duration of the length of the approved no-pay leave period or, for academic staff members, by a suitable period so that the end date of the contract will coincide with the end date of an academic term. Gratuity for that contract term, if any, shall be payable only on completion of the extended contract period. For all cases of approval for no-pay leave, separate approval by the relevant appointing authority should be sought for the resultant revisions of the employment contracts, whether in form of an extension of the original contract period or, in exceptional cases, a shortening of the service period required under the contract. 5. Applications should be made on the "Application for No-pay Leave" Form (PO/PL- 7, which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office) and submitted to the appropriate approving authority. On approval of the no-pay leave, the applicant should ensure that the approved leave form reaches the Personnel Office at least one week before commencement of the no-pay leave. The Personnel Office will notify the staff member and other offices concerned the approval for the no-pay leave and the associated conditions for the approval.
Page 24 of 29 25.7 Sick Leave 1. Application for sick leave should be made on a standard leave application form, which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office, and approved by the relevant authority. 2. If appointees are absent from work because of sickness for more than two days, a medical certificate from a medical/dental practitioner registered under the Medical/Dentists Registration Ordinance specifying the period of sick leave and nature of illness shall be produced to the University along with the application for sick leave. 3. Notwithstanding (2) above, appointees who are absent from work on account of sickness for two days or less, if deemed necessary by the University, may be required to present to the University a medical certificate from a medical/dental practitioner registered under the Medical/Dentists Registration Ordinance specifying the period of sick leave and nature of illness. 4. Appointees shall not leave Hong Kong during any period of sick leave, nor shall they be granted sick leave while absent from Hong Kong, except in either case by permission of the University. 5. Except for cases that fall within the purview of the Employees' Compensation Ordinance, where a period or periods of sick leave of an appointee exceed, or seem (in the opinion of the University) likely to exceed six consecutive months or to amount to a total of 183 days or more within a single period of 12 months, then and in either case the Council may seek advice from a medical board and then at its discretion: extend the period of sick leave on such terms and conditions as the University deems appropriate; or where the medical board considers that the total period during which the appointee is prevented by the incapacity from carrying out the duties may exceed 12 months, terminate the appointment, giving not less than six months' basic salary in the case of Academic and Equivalent Administrative Staff in lieu of notice of termination. 6. During any period or periods of sick leave, appointees shall receive full pay and allowances (if any) for the first 183 days or for the first six consecutive months. Thereafter the terms of the sick leave shall be determined by the Council.
Page 25 of 29 7. No sick leave shall be granted while appointees are on other types of leave, e.g. annual leave, short leave, sabbatical leave, professional leave and special leave. 8. Full-pay sick leave shall be counted as service for the purpose of earning increment, leave, gratuity or terminal benefits and other contractual benefits. On the other hand, no-pay sick leave shall not be counted as service for the purpose of earning increment, any form of leave, gratuity or terminal benefits and other contractual benefits.
Page 26 of 29 25.8 Maternity Leave A female appointee shall be entitled to maternity leave for each confinement in accordance with the regulations governing the grant of maternity leave as established from time to time by the University. The current regulations are as follows: 1. A female appointee shall be entitled to maternity leave if she has completed four (4) weeks or more of continuous service immediately before taking any leave for confinement. 2. The maternity leave shall cover, in the first instance, a continuous period of ten (10) weeks commencing from and inclusive of - (a) (b) a date four (4) weeks immediately before the expected date of confinement, or if the appointee so applies and the University so agrees, a later date but not less than two (2) weeks before the expected date of confinement; or the actual date of confinement, if confinement occurs before the date in (a) above. 3. If confinement takes place after the expected date of confinement, a further period of maternity leave equal to the number of days beginning on the day after the expected date of confinement up to and including the actual date of confinement shall be granted immediately following the ten (10) weeks of maternity leave under paragraph 2 above. 4. Another further period of maternity leave, not exceeding four (4) weeks, may be granted on grounds of illness or disability arising out of the pregnancy or confinement. This further period of maternity leave may be taken: - wholly or in part immediately before the maternity leave under paragraph 2; - wholly or in part immediately after the maternity leave under paragraph 2 or 3 as the case may be. 5. An appointee who has been employed by the University under a continuous contract for a period of not less than forty (40) weeks immediately before the date of commencement of her maternity leave as determined under paragraph 2(a) above shall be entitled to full-pay maternity leave for the ten (10)-week period taken by her under paragraph 2.
Page 27 of 29 6. An appointee with less than forty (40) weeks of continuous service immediately before the date of commencement of her maternity leave as determined under paragraph 2(a) above shall be entitled to no-pay maternity leave. 7. In all other cases, any period of absence for confinement shall be unpaid. 8. Maternity leave is not counted as sick leave. 9. Period of paid maternity leave shall be counted as service for the purpose of earning increment, any form of leave, gratuity or terminal benefits and other contractual benefits. However, period of unpaid maternity leave shall not be counted as service for the purpose of earning increment; superannuation benefits, gratuity or other terminal benefits; any form of leave except the minimum number of days of annual leave as specified under the Employment Ordinance; and other contractual benefits except medical and dental benefits. 10. Application procedures: A staff member should apply for maternity leave not later than 3 months before the expected date of confinement. In applying for maternity leave, the staff member should first seek agreement from her Head of Department for the proposed maternity leave period. She should then complete an Application for Leave (PO/PL-1), which may be downloaded from the Personnel Office s web page or obtained from the Personnel Office, and state the period of her maternity leave in the leave form. The leave application should be submitted together with a medical certificate issued by a registered medical practitioner or a registered midwife certifying the pregnancy and specifying the expected date of confinement. Unless otherwise required below, a staff member should, after confinement, submit a medical certificate issued by a registered medical practitioner or a registered midwife confirming the actual date of confinement within 8 weeks from and inclusive of the date of commencement of her maternity leave. If confinement takes place before commencement of the maternity leave applied for (or before the leave application is submitted), the 10 weeks of maternity leave will be adjusted to commence from and be inclusive of the actual date of confinement. The staff member should, within 7 days of her confinement, submit a medical certificate specifying the date of confinement and a revised leave form (or an Application for Leave if no leave application has earlier been submitted). If confinement takes place after the expected date of confinement, the original maternity leave period will be extended by a further period equal to the number of
Page 28 of 29 days beginning on the day after the expected date of confinement up to and including the actual date of confinement. The extended period of maternity leave will be on an unpaid basis. For timely adjustment of leave and the date of resumption of duty, a staff member should, within 7 days of her confinement, submit a medical certificate specifying the date of confinement and a revised leave form indicating the period of extension of maternity leave to be taken. If a staff member needs to take any further period of maternity leave (up to 4 weeks) on grounds of illness or disability arising out of the pregnancy or confinement, she should submit a medical certificate issued by a registered medical practitioner as soon as is reasonably practicable and before expiry of the original leave period. Such further period of maternity leave shall be on an unpaid basis. A staff member who has applied for maternity leave should, if her pregnancy ceases otherwise than by reason of confinement, inform her Head of Department in writing within 14 days of cessation of her pregnancy. The Head should forward the notice to the Personnel Office.
Page 29 of 29 25.9 Advance of Leave 1. Advance of annual or short leave for the following leave year may be granted through regular channels on grounds of urgent private affairs, attendance at a public examination, or other exceptional circumstances and on such terms and conditions as determined by the University. 2. Application for advance of leave will be considered on individual merits and the advance leave so granted will be subject to an amount as deemed appropriate by the University and will be debited against the future leave accounts of the appointees concerned. 3. Appointees who are granted advance leave are required to sign an undertaking stating that if they leave University service before they have earned enough leave to cover the period of leave advanced, the balance of the advance leave will be treated as: leave without pay, in which case the University will collect from the appointees concerned a refund equal to their 'final month's salary' ( * T ) on a daily basis multiplied by the number of days of the unearned leave taken; and non-leave earning and will not earn gratuity nor be counted towards Scheme Service under the University's Staff Superannuation Scheme. Furthermore, appointees shall be required to repay to the University the costs of all terms of service benefits provided to the appointees and their family during the period of leave advanced but not earned in full. 4. Application for advance of leave should be made on the appropriate application form and should be accompanied by an undertaking, both may be downloaded from the Personnel Office s web page or obtained from the Personnel Office. (*) 'final month's salary' shall be the salary of the appointees concerned at the end of their service, or if their service terminates during or at the end of a period of unpaid or partly paid leave, their salary immediately preceding such leave, any salary adjustment or increment during such leave notwithstanding.