Proposed Revision to 801.1 - Leaves; Sabbatical Assignment
Attorney General's Opinion:
1. Section 75-6213, R.C.M. 1947, does not prohibit a faculty member from accruing creditable service and receiving the employer contribution for retirement benefits during the performance of a sabbatical program. Vol. 37, Opinions of the Attorney General, Opinion No. 80, October 17, 1977.
1. Any faculty, administrative or professional staff member within the Montana University System with seven or more years of service in Montana without a sabbatical shall be eligible for sabbatical assignment. Service while on sabbatical assignment shall be creditable service for all purposes to the same extent as a person's service while on regular assignment.
2. Sabbaticals are subject to budget
limitations that may exist at any
unit of the
Montana University System.
3. Satisfactory programs or projects for
sabbatical periods include research, travel, related work in other institutions
or private or business organizations, or other activities which the president of the
will improve the staff member professionally, or which directly or indirectly
benefit the institution and the
4. All sabbatical assignments shall normally
be for a period of not less than
two academic quarters (or one semester
an institution on the semester system) or more than an academic
year for persons on academic year appointments and not less than one-half
or more than one fiscal year for persons on fiscal year appointments; however,
a person may request a shorter assignment.
5. Compensation from
may not exceed two-thirds of the academic or fiscal year contract amount
established for the individual for the period for which the sabbatical
assignment has been approved. Special
compensation arrangements involving funds from other than institutional sources
must be agreed upon and approved in keeping with the following conditions:
a. Compensation paid during a sabbatical
assignment may differ from that paid for regular assignment because it may
involve funding from sources other than regular
such as fellowships, assistantships or other sources of limited income
including funds available from grants or contracts administered by the institution.
b. all compensation must be received
institution and no
person may be additionally compensated for the time on sabbatical assignment by
income from other employment during the same period;
c. funds from
sources must be made directly available to the institution for
periodic disbursement to the person in addition to, or in lieu of, regular
d. funds from other sources may be used to
institutional funds to
increase the compensation up to, but not in excess of, that amount which the
individual would have earned on regular assignment during the same period;
e. compensation in excess of that which
could have been earned on regular assignment may be approved only if all
funds have been replaced by funds from other sources;
f. programs or projects which necessarily
involve employment by an employer other than the
not qualify for sabbatical assignment but may be approved as leave without pay.
6. A recipient of a sabbatical assignment
will be expected to return to his/her
for a period equal to the length of the sabbatical assignment or
to repay money received from the university uni t while
7. Persons on sabbatical assignment will continue to be eligible for employee benefits.
8. Part-time faculty may be eligible for sabbatical assignments on a pro-rated basis.
9. This policy shall be applicable only where a collective bargaining agreement is not in effect.
1. Faculty members may apply to their
for sabbatical assignment.
2. All applications for sabbatical shall be
submitted to the President of the
or, if applicable, to the Commissioner of Higher Education, allowing sufficient
time for evaluation and approval.
3. In granting sabbaticals,
units will be guided by the applicant's
service which is appropriate to the person's regular assignment;
academic rank, if appropriate;
total length of service in the Montana University System; and
type and quality of the proposed program.
4. Campus procedures for implementing this
policy shall be developed by the u nit, shall
generally be consistent throughout the Montana University System, and shall be
approved by and filed with the Commissioner of Higher Education.
Each president shall submit by
September 1 an annual summary of sabbaticals to the Commissioner of Higher
Education for the prior fiscal year.
A sabbatical assignment is a change of duties which neither diminishes or increases the extent of the person's employment with the university. The recipient remains employed by the university during the entire term of the sabbatical to the same extent he or she was employed while on regular assignment, regardless of the compensation agreed upon for the term of the sabbatical.
Item 204-001, Nov. 27, 1967 as amended October 29, 1976 (the portion of this item relating to sabbatical leave is rescinded); Item 20-003-R0478, Sabbatical assignment, Montana University System (Revised), July 10, 1978.