Article 29. Caregivers Recognition and Support

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Article 29. CAREGIVERS RECOGNITION AND SUPPORT

Section 1. Purpose

The University is committed to supporting its employees who are also caregivers and has systems in place to help employees address caregiving responsibilities. PSU provides supports that benefit employees who are caregivers in several ways, including various leave programs, an employee assistance program, and the ability to request alternative work arrangements with their supervisor. Individuals who take on caregiving responsibilities -- whether those responsibilities are caring for children, caring for a family member suffering health challenges, or caring for an elder -- make both personal and professional sacrifices in order to balance their work and caregiving duties. The COVID 19 pandemic magnified the historic discrimination and continuing structural social inequalities, in which the sacrifices of caregivers are disproportionately born by women and the impacts are felt more deeply by members of BIPOC communities. The parties recognize their mutual interest in acknowledging the needs of caregivers as they continue their work for the University and the students they serve. The parties share an interest in building momentum for continued recognition of those in our community who have caregiving responsibilities.

Section 2. Summary of Contract Provisions That Can Support Caregiving Needs

(a) This Agreement contains several provisions that individuals who have caregiving duties can use to help balance their work and caregiving duties. For ease of reference, these articles are listed below, and in some instances, examples are included to illustrate how members can use these agreements to balance their work and caregiving needs (examples are illustrative only and may or may not be relevant to every member or applicable to every caregiving situation):

1. Article 16, Post-Tenure Review, Section 6, Deferral of Post Tenure Review (PTR): Describes a process for tenured faculty to request a deferral of their post-tenure review.

2. Article 17, Academic Professional Faculty, Section 9, Alternative Work Arrangements and Flexible Work Schedules: Describes a process for Academic Professionals to request alternative work schedules. For example, a member may be permitted to attend required meetings remotely, with supervisor approval, if compelling and unforeseen caregiving needs arise. Section 9 (c) outlines a process for Academic Professional flex time that may be applicable to sudden school closures or other similar unexpected caregiving crises.

3. Article 18, Non-Tenure Track Instructional and Research Faculty, Section 2 (f), Non-Tenure Track Instructional and Research Continuous Appointments: Provides options for members to opt out if they will retire within 2 years or to request deferral of post-continuous appointment review for personal circumstances such as maternity, paternity, adoption, injuries, illnesses, or other protected leave circumstances that have had an impact on the faculty member’s work.

4. Article 32, Leaves: The following sections may apply to caregivers:

(i) Article 32, Section 1, Family Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA): This section generally addresses medical and family leaves. For example, OFLA provides for parental leave upon birth/adoption/fostering a child leave. FMLA/OFLA also provides for periods of leave taken in blocks of time or intermittently, such as intermittent leave to take a disabled spouse to ongoing medical appointments.

(ii) Article 32, Section 1, subparagraphs (i) – (k): Tenure clock extensions may be requested to extend probationary period for tenure where members take family or medical leave.

(iii) Article 32, Leaves, Section 5, Personal/Discretionary Leave

(iv) Article 32, Leaves, Section 8, Career Development Leave

(v) Article 32, Leaves. Section 10, Sick Leave

(vi) Article 32, Leaves, Section 13, Disability Insurance – Short-Term and Long-Term

(vii) Article 32, Leaves, Section 14 re Donated Sick Leave Bank (DSLB): For example, the DSLB can be accessed by participating members to obtain paid leaves where the leave qualifies under the FMLA, OFLA, and the Americans with Disabilities Act, including for intermittent leave.

(b) Members are encouraged to confer with the Human Resources Department to better understand their rights to take leave and to obtain information about how different leaves may be used to support their caregiving needs. Paid leave benefits may be available to minimize the loss of income due to an employee’s use of leave for caregiving needs.

Section 3. Scheduling Considerations Supporting Caregivers

(a) At the beginning of the academic year, supervisors will ask members to identify potential scheduling conflicts or challenges with respect to attending departmental/unit meetings. Employees may elect to provide information about caregiving responsibilities that are not necessarily subject to any leave and/or accommodations under the University’s various programs, but they are not required to do so. Unit members’ caregiving responsibilities, as well as other scheduling and professional conflicts, will be considered when scheduling mandatory departmental/unit meetings. For example, supervisors of employees with school-aged children may choose to schedule required department/unit meetings during typical school hours (9-3) when it does not conflict with operational efficiencies/needs.

(b) When an employee’s caregiving responsibilities conflict with department/unit meetings, in addition to obtaining any leave and/or accommodations that may be available under the University’s various programs, the employee may communicate the concern about the conflict to their supervisor, and the supervisor will give meaningful consideration to those needs. If compelling and unforeseen caregiving needs arise, employees may request to participate in or attend required meetings remotely.

(c) Department Chairs (or chair equivalents) will, as feasible, consider the expressed caregiving needs of a member when scheduling the days, times, and modalities of courses while also considering students’, departmental, and University needs.

Section 4. Caregiving Navigation Resources

The University and Association recognize that finding caregiving resources can be a difficult and time-consuming process for those who have caregiving responsibilities and jointly agree to refer this issue to the Presidential Caregiver Advisory Committee. For the fiscal years 2022-2023 and 2023-2024 bargaining unit members will have access to an online caregiver navigation service; however, in FY 2023-2024, at the University’s discretion, the University may instead hire an employee to provide caregiver navigation services to substitute for the online service.

Section 5. Family Friendly Fund

(a) There is established a fund, the Family Friendly Fund, to support members of the AAUP with caregiving needs. Monies in this fund may be allocated to mitigate the impacts of University travel, professional development, and other work-related activities. Monies in this fund may also be available to offset costs for those members with ongoing caregiving responsibilities that occasionally or unexpectedly interfere with work demands. Members may apply to use the fund one or more times under a process established by AAUP with OAA, and with AAUP approving individual applications for use of the funds (subject to University processes such as payroll, etc.). Monies distributed to the employee are subject to taxation. Any unused portion of the Family Friendly Fund from FY 2022-2023 will be rolled over to FY 2023-2024. In this first year (FY 2022-2023), AAUP and the University will monitor the number and types of requests received so as to inform future allocation of funds. The University will contribute to the fund as set forth in subparagraphs (b) and (c) immediately below.

(b) In FY 2022-2023, the University will contribute $115,000.00 to the Family Friendly Fund.

(c) In FY 2023-2024, the University will contribute $175,000.00 to the Family Friendly Fund.