ARTICLE 14
LEAVES OF ABSENCE
A. GENERAL PROVISIONS
Subject to the provisions of this Article, leaves of absence may be with or without pay, may be for medical purposes and/or non – medical reasons, and are subject to the approval of the University. Nothing shall preclude the University, on a campus – by – campus basis, from establishing, implementing, or continuing a Catastrophic Illness or Injury Leave policy covering Clerical and Allied Services unit employees. The parties agree to abide by applicable state and federal law.
1. Definitions
a. Non – medical leaves of absence, with or without pay, include: Family and Medical Leave (FML) taken for certain purposes (to care for a family member with a serious health condition, Parental Leave, Military Caregiver Leave, and Qualifying Exigency Leave), as well as leave for jury duty, voting, blood donations, administrative or legal proceedings, emergencies, and University functions.
b. Medical Leaves with or without pay, include: FML taken because of the employee’s own serious health condition, Pregnancy Disability Leave (whether or not it qualifies as FML), and Disability Leave.
c. FMLA is the federal Family and Medical Leave Act of 1993.
d. CFRA is the California Family Rights Act of 1995.
e. PDLL is the California Pregnancy Disability Leave Law, which is part of the California Fair Employment & Housing Act.
2. Use Of Family And Medical Leave (FML) Entitlement
a. If an employee eligible for FML takes a leave for an FML – qualifying reason (as defined in Section B. below), the absence from work shall be deducted from the employee’s FML entitlement.
b. If an employee is ineligible for FML or has exhausted her/his leave year entitlement for FML and requests leave for a serious health condition that would qualify as a disability, an approved disability leave of absence may be provided for the period(s) an eligible employee is absent from work for verifiable medical reasons as provided in Section C. and Section D. of this Article.
3. Benefit Eligibility While On Leave Without Pay
a. Special Benefit Eligibility For FML Leaves – A benefits – eligible employee shall have University – provided health benefits continued for the period of the FML Leave in accordance with Section B.1.g. of this Article.
b. An approved leave without pay shall not be considered a break in service.
c. The provisions of Article 36 – Sick Leave, Article 44 – Vacation, and Article 42 – University Benefits shall apply when employees are on an approved leave without pay.
d. A benefits – eligible employee on an approved leave without pay may elect to continue University – sponsored insurance coverages (as determined by plan documents or regulations) for the period of the leave by remitting the entire premium amount due for the period of the approved leave, in accordance with the provisions of the applicable plan(s). Regulations of the retirement systems determine the effects of leave without pay on retirement benefits.
Except as provided under Section B.3. (Notification), Section E. (Military Caregiver Leave), Section F. (Qualifying Exigency Leave), and Section G. (Military Spouse/Domestic Partner Leave), requests for leaves of absence and extensions, with or without pay, shall be submitted in writing to the University. Such requests shall be submitted sufficiently in advance of the requested leave date to provide the University time to assess the operational impact of granting the request. All requests for leaves of absence shall contain the requested beginning and end date of the leave, and any additional information as required.
5. Duration
a. The start date of the leave, the terms of the leave and the date of return from the leave are determined when the leave is granted, and shall be communicated to the employee, in accordance with the provisions of this Article. For leaves other than FML, written confirmation shall be provided when the University determines such confirmation is appropriate. For leaves that are FML, see Section B.1.c.2. below.
b. Except as provided for under Pregnancy Disability Leave (Section C.2.b.2.) and Personal Leave of Absence Without Pay (Section H.2), the aggregate maximum of leaves taken in any combination shall not exceed six (6) months in any one (1) year period, except as may otherwise be required by law.
c. No employee with a predetermined appointment end date or predetermined date of separation shall be granted a leave of absence beyond her/his appointment end date or the predetermined date of separation.
6. Return To Work
a. Except as provided in Section B (Family and Medical Leave), Section C (Pregnancy Disability Leave), and Article 17 – Military Leave, an employee who has been granted an approved leave with or without pay shall be reinstated to the same or a similar position in the same department upon expiration of the leave, in accordance with the Provisions of this Article. If the position held has been abolished or affected by layoff during the leave, the employee shall be afforded the same considerations which would have been afforded had that employee been working when the position was abolished or affected by layoff. For reinstatement after FML leave other than Pregnancy Disability Leave, see Section B.1.h. For reinstatement after Pregnancy Disability Leave, see Section C.5.
b. Failure to provide a medical release to return to work, as required in Section B.1.e., Section C.4.e., and Section D.4., may result in the delay of reinstatement until the employee submits the required medical release certification.
c. An employee who has exhausted her/his original leave entitlement and who has been granted additional leave under another section of this Article shall be reinstated in accordance with the provisions of the section under which the additional leave was granted. The employee shall be advised in writing of her/his reinstatement rights, at the time the additional leave is granted.
d. An employee who fails to return to work from a leave of absence on the approved anticipated date of return shall be considered to have abandoned her/his job, in accordance with Article 32 – Resignation/Job Abandonment.
B. FAMILY AND MEDICAL LEAVE (FML)
An employee who is eligible for Family and Medical Leave (FML) and has not exhausted her or his FML entitlement for the leave year, as discus sed below, may take FML for any of the following six reasons, as described in greater detail in this Section below:
• Due to the employee’s own serious health condition (Section B.2.)
• To care for a family member with a serious health condition (Section B.3.)
• As Pregnancy Disability Leave (Section B.4.)
• As Parental Leave (Section B.5.)
• As Military Caregiver Leave (Section E.)
• As Qualifying Exigency Leave (Section F.)
FML is unpaid leave, except as otherwise provided in Section B.1.f. below.
1. General Provisions for FML
a. Definitions
1) CHILD means a biological child, adopted child, foster child, stepchild, legal ward, or child for whom the employee stands in loco parentis, provided that the child is either under 18 years of age or incapable of self – care because of a mental or physical disability.
2) PARENT means a biological parent, foster parent, adoptive parent, stepparent, legal guardian or individual who stood in loco parentis to the employee when the employee was a child.
3) A SERIOUS HEALTH CON DITION is an illness, injury (including, but not limited to, on – the – job injuries), impairment, or physical or mental condition that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse.
a) “Inpatient care” means a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity. A person is considered an “inpatient” when a health care facility formally admits her or him to the facility with the expectation that s/he will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.
b) “Incapacity” means the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
c) “Continuing treatment” means ongoing medical treatment or supervision by a health care provider, as defined below.
4) A HEALTH CARE PROVIDER is an individual who is licensed in California or is duly licensed in another State or jurisdiction, to hold either a physician’s and surgeon’s certificate or an osteopathic physician’s and surgeon’s certificate, or who is duly licensed as a podiatrist, dentist, clinical psychologist, optometrist, chiropractor (limited to the treatment of the spine to correct a subluxation as demonstrated by x – ray to exist), physician assistant , nurse practitioner or nurse mid – wife performing within the scope of her/his duties as defined under State law, a Christian Science practitioner, or any health care provider that the employee’s health plan carrier recognizes for purposes of payment.
5) “1,250 HOURS OF ACTUAL SERVICE ” means time actually spent at work and does not include any paid time off including but not limited to an employee’s use of accrued vacation, compensatory time, or sick leave, nor does it include time paid for holidays not worked or time spent in unrestricted on – call status.
b. Eligibility Criteria And Duration
1) Employees who have at least twelve (12) cumulative months of University service and have worked at least 1,250 hours of actual service (as defined in Section B.1.a.6.) during the twelve (12) month period immediately preceding the commencement of the leave are eligible for and shall be granted FML. For the purposes of this Article and section B, only, all prior University service, including service with the Department of Energy Laboratories, shall be used to calculate the twelve – month service requirement.
2) FML is unpaid leave, except as otherwise provided in Section B.1.f of this Article.
a) An employee’s use of her/his accrued Compensatory Time Off cannot be deducted from the employee’s maximum FML entitlement, and shall not be granted if FML is taken for any reason other than Pregnancy Disability Leave. If an employee chooses to use Compensatory Time Off during Pregnancy Disability Leave in accordance with Section B.1.f.5 of this Article, that time will be deducted from the employee’s FML entitlement. All other time off used for FML purposes, including Work Incurred Injury and Illness leave under Article 47, shall be deducted from the employee’s maximum FML entitlement.
b) Such deductions will be made in increments that correspond to the amount of leave time actually taken by the employee (which could be weeks, days, hours, and/or partial hours).
3) FML shall not exceed twelve (12) workweeks in a calendar year unless it is used for Pregnancy Disability Leave or Military Caregiver Leave. In the event University policy and/or State or Federal law result in a different date of commencement for this twelve – month period, the commencement period for employees in this bargaining unit shall conform t o the commencement date generally applicable to other University employees. If the employee is taking FML as Pregnancy Disability Leave, the employee shall be eligible for FML for the period of actual disability up to (4) months per pregnancy. If the employee is taking FML for Military Caregiver Leave, the employee shall be eligible for up to twenty – six (26) workweeks in a single 12 – month leave period, as defined in Section E.2.h. below.
a) For the purposes of FML only, twelve (12) workweeks is equivalent to four – hundred eighty (480) hours of scheduled work for full – time career and floater employees who are normally scheduled for an eight (8) hours per day five (5) days per workweek (8/40) schedule.
b) HOURLY CONVERSION FOR PART – TIME OR ALTERNATIVELY SCHEDU LED EMPLOYEES . For employees who work part – time or a schedule other than an 8/40, the number of FML hours to which the employee is eligible shall be adjusted in accordance with her/his normal weekly work schedule. An employee whose schedule varies from w eek to week is eligible for a pro – rated amount of FML based on her/his hours worked over the previous twelve (12) months preceding the leave.
4) EMPLOYEE REQUESTS FOR REDUCED WORK SCHEDULES. When medically necessary and supported by medical certification, t he University shall grant an eligible employee’s request for a reduced work schedule or intermittent leave including absences of less than one (1) day. When granted, the University will count only the time actually spent on the intermittent leave or reduced work schedule towards the employee’s FML entitlement.
5) ALTERNATE ASSIGNMENTS TO ACCOMMODATE INTERMITTENT LEAVE OR REDUCED WORK SCHEDULE . When the employee requests an intermittent leave or a reduced work schedule because the employee is undergoing planned medical treatment for her/his serious health condition or because the employee’s family member is undergoing planned medical treatment fo r a serious health condition, the University may, at its sole non – grievable discretion, require the employee to transfer temporarily to an available alternate position for which the employee is qualified and which better accommodates the employee’s recurring period of leave. Such transfer shall not act to discourage the employee from taking leave or otherwise work a hardship on the employee. Such transfer shall have equivalent pay and terms and conditions of employment, but does not need to have equivalent duties.
6) If the employee has exhausted her/his entitlement to FML, s/he may apply for additional leave pursuant to this Article.
c. Notification
1) If the employee learns of the event giving rise to the need for leave more than thirty (30) calendar days in advance of the leave’s anticipated initiation date, the employee shall give the University at least thirty (30) calendar days’ notice of the need for leave. An employee who fails to give thirty (30) days’ notice for a foreseeable leave with no reasonable basis for the delay, may have the FML Leave delayed until thirty (30) days after the date on which the employee provides notice.
a) If the need for leave is foreseeable due to a planned medical treatment of the employee (due to the employee’s serious health condition or pregnancy disability) or the planned medical treatment of the employee’s family member with a serious health condition, the employee shall make reasonable efforts to schedule the treatment so as to not unduly disrupt the University’s ope rations.
b) If the need for leave is unforeseeable or actually occurs prior to the anticipated date of foreseeable leave, the employee shall provide the University with as much notice as practicable and, at a minimum, notify the University within five (5) calendar days after learning of the need for leave.
2) The University shall determine whether the employee meets the eligibility requirements and qualifies for an FML Leave and shall, within five (5) days of that determination, notify the employee whether the leave is designated or provisionally designated as FML Leave. The start date of the leave, the terms of the leave and the date of return from the leave are determined when the leave is granted.
3) Extensions to an FML Leave may be granted, up to the aggregate maximum of twelve (12) workweeks in a calendar year (or 26 workweeks in a single 12 – month period if FML is being taken as Military Caregiver Leave or four (4) months per pregnancy if FML is taken as Pregnancy Disability Leave). If an employee’s need for leave continues after her or his FML entitlement has been exhausted, the employee may be eligible for Disability Leave in accordance with Section D. of this Article (if FML was taken due to the employee’s own serious health condition or as Pregnancy Disability Leave) or may request a Personal Leave in accordance with Section H. of this Article.
d. Certification and Other Supporting Documentation
1) CERTIFICATION WHEN FML IS TAKEN FOR THE EMPLOYEE’S OWN SERIOUS HEALTH CONDITION . When FML is requested f or the employee’s own serious health condition, the University may, at its discretion, require that an employee’s request for leave be supported by written certification issued by the employee’s health care provider. When the University requires certification, the University shall inform the employee of this requirement in writing. Certification may be provided by the employee on a form given to the employee by the University and shall, regardless of the format in which it is provided, include:
a) Certification that the employee has a serious health condition as defined in Section B.1.a.4., above; and
b) A statement as to whether the employee is unable to perform any one or more of the essential assigned functions of the position; and
c) The date on which the employee’s serious health condition began, if known, the probable duration of the condition and the employee’s probable date of return; and
d) Whether it will be medically necessary for the employee to take leave intermittently or to work on a reduced work schedule, and if so, the probable duration of such schedule; and
e) If the condition will result in periodic episodes of incapacity, an estimate of the duration and frequency of episodes of incapacity.
2) CERTIFICATION WHEN FML IS TAKEN TO CARE FOR THE EMPLOYEE ’S FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION . When FML is requested so that the employee may care for a family member with a serious health condition, the University may, at its discretion, require that an employee’s request for leave be supported by written certification issued by the family member’s health care provider. When the University requires certification, the University shall inform the employee in writing. Certification may be provided by the employee on a form given to the employee by the University and shall, regardless of the format in which it is provided, include:
a) Certification that the employee’s family member has a serious health condition as defined in Section B.1.a.4., above; and
b) A statement that the family member’s serious health condition warrants the participation of the employee to provide supervision or care (which includes psychological comfort) during a period of the treatment or incapacity; and
c) Whether the employee’s family member will need supervision or care over a continuous period of time, intermittently or on a reduced schedule basis; the leave schedule the employee will need in order to provide that care; and the probable duration that need for leave.
d) In addition, the employee will be required to certify either on the same form or separately the care s/he will provide the family member and the estimated duration of the period of care.
3) CERTIFICATION WHEN FML IS TAKEN AS PREGNANCY DISABILITY LEAVE. When FML is taken as Pregnancy Disability Leave, the employee ma y be required to provide a certification in accordance with Section C.4. below.
4) CERTIFICATION WHEN FML IS TAKEN FOR MILITARY CAREGIVER LEAVE. When Military Caregiver Leave is requested, the employee may be required to provide a certification completed by an authorized health care provider of the covered servicemember, which includes health care providers affiliated with the Department of Defense, the Veterans Administration, and TRICARE, as well as any other health care provider (as defined in Section B.1 .a.5. above) who is treating the covered servicemember. The certification shall provide information sufficient to establish entitlement to Military Caregiver Leave, including information establishing that the servicemember is a covered servicemember for purposes of Military Caregiver Leave and that she or he has a covered relationship with the employee, as well as an estimate of the leave needed to provide the care. When the covered servicemember is a covered veteran, the employee may be required to provide information establishing her or his veteran status, the date of separation from the Armed Forces, and that separation was other than dishonorable.
5) CERTIFICATION WHEN FML IS TAKEN FOR QUALIFYING EXIGENCY LEAVE. When Qualifying Exigency Leave is requested, an employee may be required to provide a copy of the military member’s active duty orders. Employees may also be required to provide certification of: (1) the reasons for requesting Qualifying Exigency Leave, (2) the beginning and end dates of the qualifying exigency, and (3) other relevant information.
6) CONFIRMATION OF FAMILY RELATIONSHIP . The University may, at its sole non – grievable discretion, require that an employee complete a Declaration of Relationship form to certify her/his relationship with the family member when the employee is requesting FML to care for a family member with a serious health condition or to certify her/his relationship with the child when the employee is requesting FML as Parental Leave. The employee’s failure to provide a completed Declaration of Relationship form within fifteen (15) calendar days of the University’s written request may, at the sole non – grievable discretion of the University, result in discontinuance of the leave until the required documentation is provided or, if the leave has not yet begun, a delay in the start of the leave. If the employee f ails to provide the completed Declaration of Relationship form within a reasonable period of time as requested, FML leave will be denied.
7) QUESTIONED MEDICAL CERTIFICATIONS. Should the University have a good faith, objective reason to doubt the validity of the employee’s certification for her/his own serious health condition, the University may, at its sole non – grievable discretion, require the employee to obtain a second medical opinion from a second health care provider selected by the University. Should the second medical opinion differ from the opinion of the employee’s own health care provider, the University may, at its sole non – grievable discretion, require a third medical opinion from a third health care provider, jointly agreed to by the employee and the University. The University shall bear the cost of the second and third opinions, and the third opinion shall be final. If a second or third opinion is sought, the University shall provide the employee with a copy of the opinion at no cost to the employee, upon request.
8) ADDITIONAL CERTIFICATION AND/OR RECERTIFICATION. If additional leave is requested or should the circumstances of the leave change, the University may, at its sole non – grievable discretion, require the employee to obtain recertification. Such requests for subsequent certification and/or recertification may be either verbal or in writing.
a) If certification and/or recertification is required, the employee shall return the certification within fifteen (15) calendar days of the University’s written request, where practicable.
b) Failure to provide certification and/or recertification for a foreseeable leave within the requested time may result in delay of the leave until the required certification is received. Failure to provide certification for an unforeseeable leave within the requested time period may result in discontinuance of the leave until the required certification is provided. If the employee fails to provide certification, the leave is not FML and will be denied.
9) FAILURE T O PROVIDE COMPLETE CERTIFICATION AND/OR RECERTIFICATION. If the employee fails to provide a completed certification and/or recertification, the employee shall be given at least fifteen (15) calendar days to perfect the certification and/or recertification . Failure to perfect an incomplete certification and/or recertification within the requested time period may result in delay of the leave or discontinuance of the leave until the required certification and/or recertification is provided. If the employee f ails to provide a complete certification and/or recertification, the leave is not FML and will be denied.
e. Return From FML Taken For Employee’s Own Serious Health Condition
1) The employee shall provide her/his employing department reasonable notice of her/his anticipated return to work.
2) An employee who has been granted an FML Leave for her/his own serious health condition must provide a written medical release to return to work prior to returning to work.
3) The employee who has been medically released to perform the essential assigned functions of her/his job, shall be returned in accordance with the provisions of Section B.1.h.
4) Failure to provide a medical release to return to work may result in the delay of reinstatement until the employee submits the required medical release certification.
f. Use Of Accrued Paid Leave
1) FML is unpaid, except for the use of sick leave and/or the use of accrued vacation, as provided in this Article:
2) An employee on FML for her/his own serious health condition:
a) Shall use accrued sick leave in accordance with the University’s disability plan requirements; or
b) If not eligible for University disability benefits and not on leave as a result of a work – incurred injury or illness, shall use all accrued sick leave prior to taking leave without pay; or
c) If on leave due to a work – incurred injury or illness, may use accrued sick leave as provided in Article 47 – Work Incurred Injury or Illness.
3) An employee on FML for her/his own serious health condition shall use accrued vacation time prior to taking leave without pay, if all accrued sick leave has been exhausted.
4) An employee on FML to care for a family member with a serious health condition or taking FML as Military Caregiver Leave may use sick leave in accordance with Article 36 – Sick Leave, Section B.3., and shall use accrued vacation time prior to taking leave without pay.
5) An employee on FML for Pregnancy Disability Leave shall use all accrued sick leave before taking leave without pay and shall have the option to us e accrued vacation time or Compensatory Time Off instead of taking leave without pay.
6) An employee taking FML as Parental Leave shall use accrued vacation time prior to taking leave without pay.
7) An employee taking FML as Qualifying Exigency Leave shall us e accrued vacation time prior to taking leave without pay.
8) An employee on FML for any reason other than Pregnancy Disability Leave may not use Compensatory Time Off instead of taking leave without pay.
g. Continuation Of Health Benefits
1) When the employee is on FML that runs concurrently under the FMLA and CFRA: Continued coverage for up to twelve (12) workweeks in a calendar year.
2) When the employee is on a Military Caregiver Leave under the FMLA: Continued coverage for up to twenty – six (26) workweeks in a single 12 – month leave period, as defined in Section E.2.h below.
3) When the employee is on a Qualifying Exigency Leave under the FMLA: Continued coverage for up to twelve (12) workweeks in a calendar year.
4) When the employee is on a Pregnancy Disability Leave under the California Pregnancy Disability Leave Law, regardless of whether any of the leave runs concurrently under the FMLA: Continued coverage for up to four (4) months in a twelve – month period. If any of the Pregnancy Disability Leave runs concurrently under the FMLA, the continued coverage provided for that portion of the leave will count towards the employee’s FMLA entitlement for up to twelve (12) workweeks of such coverage in a calendar year.
5) When the employee is on FML under the CFRA that does not run concurrently under the FMLA (e.g., Parental Leave after an employee’s FMLA entitlement has been exhausted): Continued coverage for up to twelve (12) workweeks in a calendar year.
When an employee has been granted an approved FML Leave for any purpose other than Pregnancy Disability Leave and returns within twelve (12) workweeks of the initiation of the leave (or within twenty – six (26) workweeks if the FML was taken for Military Caregiver Leave), s/he shall be reinstated to the same or an equivalent position upon expiration of the leave. For an employee’s return to work rights after Pregnancy Disability Leave, see Section C.5. below. If the position has been abolished or otherwise affected by layoff and an equivalent position is not available, the employee shall be afforded the same considerations that would have been afforded had the employee been working when the position was abolished or affected by layoff. No employee with a predetermined appointment end date or predetermined date of separation shall be grant ed a leave of absence beyond her/his appointment end date or the predetermined date of separation. An employee who has been granted FML for her/his own serious health condition, may be required by the University to provide a written medical release to ret urn to work prior to her/his return to work, as set forth in Section B.1.e.
FML for the employee’s own serious health condition is leave taken when the employee’s own “serious health condition,” as defined in Section B.1.a.4. above, renders the employee unable to perform any one or more of the essential functions of the employee’s position.
FML to care for a family member with a serious health condition is leave to care for the employee’s child, parent, spouse or same or opposite sex domestic partner who has a “serious health condition,” as defined in Section B.1.a.4. above.
4. FML as Pregnancy Disability Leave
When an employee who takes Pregnancy Disability Leave pursuant to Section C. below is eligible for FML, her Pregnancy Disability Leave will be counted against her FML entitlement under the FMLA as well as her Pregnancy Disability Leave entitlement under PDLL.
5. FML as Parental Leave
a. FML as Parental Leave is leave taken to bond with the employee’s newborn or a child placed with the employee for adoption or foster care or to attend to matters related to the birth, adoption, or placement of the child. Such leave must be initiated and concluded within one (1) year of the birth or placement of the child. The University shall grant Parental Leave subject to the limitations described below. If requested and taken immediately following a Pregnancy Disability Leave, an employee eligible for F MLA/CFRA at the beginning of her Pregnancy Disability leave shall be granted the unused portion of CFRA/FMLA leave for Parental Leave purposes, up to a maximum of twelve (12) workweeks. The amount available for use is determined by the amount that the employee has previously used under CFRA/FMLA in the calendar year.
b. REQUESTS FOR PARENTAL LEAVE. The employee shall request Parental Leave sufficiently in advance of the expected birth date of the child or placement of a child for adoption or foster care to allow the University to plan for the absence of the employee, but the employee shall not be required to provide more than thirty (30) days advance notice. The anticipated date of return from Parental Leave shall be set at the time such leave commences, or if requested in conjunction with Pregnancy Disability Leave under the FMLA, shall be set at the time such Pregnancy Disability Leave commences. Parental Leave, when taken for adoption or foster care, could commence prior to the date of placement.
c. DURATION. Parental Leave, alone, shall not exceed twelve (12) workweeks within a calendar year as set forth in Section B.1.b.3 above. However, when Parental Leave is combined with a Pregnancy Disability Leave under the FMLA, the total FML Leave shall not exceed seven (7) months in a calendar year.
1) An employee on Parental Leave shall use accrued vacation time prior to taking leave without pay.
2) The University shall grant a Parental Leave of less than two (2) weeks duration on any two (2) occasions during a calendar year.
3) The University, at its sole non – grievable discretion, may require that any additional Parental Leave requested during this same time period be for a minimum duration of two (2) weeks, unless otherwise required by law.
C. PREGNANCY DISABILITY LEAVE
1. Eligibility
For an employee disabled because of pregnancy, childbirth, or related medical condition, no eligibility requirements apply, such as minimum hours worked or length of service.
2. Duration
a. During the period when an employee is disabled because of verified pregnancy, childbirth, or related medical condition, an employee is entitled to and the University shall grant up to four (4) months of Pregnancy Disability Leave for such purposes. Pregnancy Disability Leave may also be used for prenatal care.
b. If the employee is eligible for FML, pursuant to Section B., above, such leave shall be deducted from an employee’s entitlement under the federal FMLA as well as her entitlement under the PDLL.
1) If the employee continues to be disabled by pregnancy, childbirth, or related medical condition beyond four (4) months, a medical disability leave of absence may be granted in accordance with Section D., below, for a total medical absence not to exceed six (6) months, or as may otherwise be required by law.
2) Additionally, the employee may be eligible for Parental Leave, pursuant to Section B.5, above, to care for her newborn child. The total FML taken for a combination of Pregnancy Disability Leave and Parental Leave shall not exceed seven (7) months in the calendar year.
c. PREGNANCY DISABILITY LEAVE MAY CONSIST OF leave with or without pay; however, an employee shall be required to use accrued sick leave in accordance with the University’s Disability Plan. If sick leave is exhausted, the employee may elect to use accrued vacation time before taking leave without pay.
3. Transfer And Other Reasonable Accommodations As Alternatives To Or In Addition To Pregnancy Disability Leave
a. TRANSFER AT THE REQUEST OF THE EMPLOYEE – The University shall temporarily transfer a pregnant employee to a less strenuous or hazardous position upon the request of the employee when such transfer is medically advisable according to the employee’s health care provider, if the transfer can be reasonably accommodated. For the purpose of this section, a temporary transfer includes a temporary modification of the employee’s own position to make it less strenuous or hazardous. A temporary transfer under this section is considered time worked and s hall not be counted toward an employee’s entitlement of up to four (4) months of Pregnancy Disability Leave, unless the employee is also taking leave on a reduced work schedule or an intermittent leave schedule. When the employee’s health care provider certifies that the transfer is no longer medically advisable, the University shall return the employee to her same position or a comparable position in accordance with Section C.5. below.
b. TRANSFER TO REASONABLY ACCOMMODATE EMPLO YEE’S NEED FOR INTERMITTENT OR REDUCED WORK SCHEDULE – When the employee’s health care provider states that it is medically advisable for the employee to take Pregnancy Disability Leave on an intermittent or reduced schedule basis, the University may, at its sole non – grievable discretion, transfer the employee temporarily to an available alternative position that meets the needs of the employee, provided the employee meets the qualifications of the alternative position. Any alternative position shall have the equivalent rate of pay and benefits, and shall better accommodate the employee’s leave requirements than their regular position. Only the time actually spent on the intermittent or reduced schedule shall be counted towards the employee’s entitlement of four (4) months in any twelve (12) month period. When the employee’s health care provider certifies that the intermittent or reduced schedule leave is no longer medically advisable, the University shall return the employee to her same position or a comparable position in accordance with Section C.5. below.
c. OTHER REASONABLE ACCOMMODATIONS – If the employee’s health care provider certifies that reasonable accommodations other than transfer and/or leave on an intermittent or reduced schedule basis are medically advisable, the University shall engage in the interactive process with the employee to identify and implement the reasonable accommodation(s) that are appropriate under the circumstances.
4. Certification
a. When an employee requests a reasonable accommodation, transfer, or leave due to pregnancy, childbirth, or related medical condition, the University may, in its sole non – grievable discretion, require that the employee’s request be supported by a medical certification issued by the employee’s health care provider.
b. When a medical certification is requested in connection with the employee’s request for reasonable accommodation or transfer, it shall contain the following: (1) a description of the requested accommodation or transfer, (2) a statement describing the medical advisability of the requested reasonable accommodation or transfer, and (3) the date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the need for the reasonable accommodation or transfer.
c. When a medical certification is required in connection with an employee’s request for leave, it shall contain: (1) a statement that the employee needs to take Pregnancy Disability Le ave because she is disabled by pregnancy, childbirth, or related medical condition, and (2) the date on which the employee became disabled because of pregnancy and the estimated duration of the need for leave.
d. Failure to provide certification for reasonable accommodation, transfer, or leave within the requested time period or as soon as reasonably possible under the circumstances may result in delay of the leave until the required certification is provided.
e. The University may, at its sole non – grievable discretion, require that an employee returning to work immediately following Pregnancy Disability Leave provide a written medical release prior to returning to work.
5. Return to Work After Pregnancy Disability Leave
a. The date of reinstatement from the Pregnancy Disability Leave is typically determined by agreement between the University and the employee when the leave is granted. If the actual reinstatement date differs from the original agreement or no agreement was made and the employee is returning direct ly from Pregnancy Disability Leave, the University shall reinstate the employee within two (2) business days or, when two (2) business days is not feasible, as soon as possible after the employee notifies the University of her readiness to return.
b. If the employee is returning to work directly following the end of the Pregnancy Disability Leave, she shall not be reinstated from her Pregnancy Disability Leave until a medical release certification is provided to the University within the time limits specified by the Department. A medical release certification shall include a statement by the employee’s health care provider of the employee’s ability to perform the essential functions of the position, with or without reasonable accommodation.
c. An employee who h as been granted a temporary transfer and/or Pregnancy Disability Leave shall be reinstated to the same position, provided that the employee returns to work immediately upon termination of the Pregnancy Disability Leave and provided that the aggregate duration of all leaves granted for a given pregnancy does not exceed four (4) months. If the same job has been abolished or affected by layoff, the employee shall be reinstated to a comparable position if the employee would have been entitled to the comparable position if she had been continuously working. If a comparable position is not available on the employee’s scheduled date of reinstatement but a comparable position or positions become available within sixty (60) days thereafter, the University shall notify the employee of the position(s). If the employee is reinstated within that sixty – day (60 – day) period, the period between the employee’s originally scheduled date of reinstatement and her actual reinstatement shall not be counted for purposes of any employee pay or benefits.
6. Continuation Of Benefits
An employee on Pregnancy Disability Leave shall be entitled to continue participation in health plan coverage (medical, dental, and optical) as set forth in Section B.1.g. above, whether or not the Pregnancy Disability Leave also qualifies as FML under the FMLA. Other group insurance coverage and retirement benefits shall be continued in accordance with the provisions of the applicable group insurance and retirement system regulations.
D. DISABILITY LEAVES OTHER THAN PREGNANCY DISABILITY LEAVE
1. A disability leave of absence is the period(s) for which an eligible career employee is granted leave from work for medical reasons in accordance with Section D.2., below. This leave includes the combined use of accrued sick leave and the disability leave of absence without pay in accordance with the provisions of this Article and Article 36 – Sick Leave. Disability leaves of absence with or without pay are provided for leaves due to non – work related illnesses or injuries.
2. Eligibility
a. An employee may be eligible for a disability leave of absence with or without pay when s/he has exhausted her/his twelve (12) workweek FML entitlement in a calendar year, or s/he is not otherwise eligible for FML Leave, or the employee has exhausted her four (4) month entitlement under the Pregnancy Disability Leave Laws, and s/he:
b. Is medically incapable of performing the essential assigned functions of her/his job due to a non – work related illness or injury; and
c. Has furnished evidence of disability satisfactory to the University.
3. Duration
a. When the use of accrued sick leave and a disability leave of absence without pay are combined, the University may grant a disability leave for a total period of verified disability not to exceed six (6) months, or as may otherwise be required by law.
b. An employee granted a disability leave who is also applying for University disability benefits for non – work related disability purposes shall use all accrued sick leave in accordance with the University’s disability plan prior to taking leave without pay.
c. In the event that the employee’s accrued sick leave is greater than six (6) months, a disability leave of absence without pay in addition to the use of all accrued sick leave, shall not be granted, except as may otherwise be required by law.
d. If an employee has been provided a disability leave of six (6) months or more and further leave would cause an undue hardship, an employee will be medically separated in accordance with Article 16 – Medical Separation of this Agreement.
e. An employee who is receiving long term disability payments from a retirement system to which the University contributes will be medically separated on the basis of medical condition in accordance with Article 16 – Medical Separation of this Agreement.
a. The employee shall not be reinstated from a medically – related leave of absence until a medical release certification is provided to the University within the time limits specified by the department. A medical release certification shall include a statement by the employee’s health care provider of the employee’s ability to perform the essential functions of the position, with or without reasonable accommodation.
Military Caregiver Leave is an additional type of FML available to eligible employees. An employee may take Military Caregiver Leave to care for a family member who is a “covered servicemember” undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred in the line of duty, consist ent with the definitions of those terms in Section E.2. below.
An eligible employee is entitled to up to twenty – six (26) workweeks of Military Caregiver Leave during a single 12 – month leave period. The employee must be a spouse, domestic partner, parent, son, daughter or next of kin of the covered servicemember to be eligible for this type of leave and must meet the eligibility requirements for FML set forth in Section B.1.b. above.
2. Definitions Specific to Military Caregiver Leave
a. “COVERED SERVICEMEMBER” means
1) a current member of the regular Armed Forces (including a member of the National Guard or Reserves) who, because of a “serious injury or illness,” is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is on the temporary disability retired list or
2) a covered veteran who is undergoing medical treatment, recuperation, or therapy for a “serious injury or illness.”
b. “COVERED VETERAN” means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves) who was discharged or released under conditions other than dishonorable at any time during the five – year period prior to the first date the eligible employee takes Military Caregiver Leave to care for a covered veteran.
c. “OUTPATIENT STATUS ” means the status of a servicemember assigned to (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
d. “SERIOUS INJURY OR ILLNESS ” means
1) For a current member of the Armed Forces (including a member of the National Guard or Reserves): an injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the Armed Forces or that existed before the beginning of the covered servicemember’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the covered servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating;
2) For a covered veteran: an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran.
e. “PARENT OF A COVERED SERVICEMEMBER” means a covered servicemember’s biological, adopted, step, or foster parent or any other individual who stood in loco parentis to the covered servicemember. The term does not include parents “in – law.”
f. “SON OR DAUGHTER OF A COVERED SERVICEMEMBER” means the covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age.
g. “NEXT OF KIN” means (a) the nearest blood relative of the covered servicemember (other than the covered servicemember’s spouse, domestic partner, parent, son or daughter) or (b) the person who the covered servicemember has designated in writing as his or her nearest blood relative for purposes of Military Caregiver Leave.
h. “SINGLE 12 – MONTH LEAVE PERIOD” means the period beginning on the first day the employee takes leave to care for the covered servicemember and ends 12 months after that date. (This leave period differs from the calendar year definition of the leave year used for determining eligibility for other types of FML at the University.)
3. Leave Entitlement
a. Leave is applied on a per – covered servicemember, per – injury basis. Eligible employees may take more than one period of 26 workweeks of leave if the leave is to care for a different covered servicemember or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any “single 12 – month period.”
b. If an eligible employee does not use all of his or her 26 workweeks of leave entitlement to care for a covered servicemember during this single 12 – month leave period, the remaining part of the 26 workweek entitlement to care for the covered servicemember for that serious injury or illness is forfeited.
c. As with other types of FML, this leave may also be taken on an intermittent or reduced schedule basis. If the need for intermittent or reduced schedule leave is foreseeable based on the planned medical treatment of the covered servicemember, the employee may be required to transfer temporarily, during the period that the intermittent or reduced leave schedule is required, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee’s regular position.
4. Documentation and Certification – See Section B.1.d.4. above.
5. Use of Accrued Paid Leave – See Section B.1.f.4. above.
6. Advance Notice – See Section B.1.c.1. above.
7. Reinstatement – See Section B.1.h. above.
Qualifying Exigency Leave is an additional type of FML available to eligible employees. If the employee is the spouse, domestic partner, son, daughter or parent of a military member, the employee may take Qualifying Exigency Leave to attend to any “qualifying exigency” while the military member is on “covered activity duty or call to covered active duty status” (or has been notified of an impending call or order to covered active duty).
An employee who is the spouse, domestic partner, son, daughter, or parent of a military member is eligible for Qualifying Exigency Leave if the employee meets the eligibility requirements for FML set forth in Section B.1.b.
2. Definitions Specific to Qualifying Exigency Leave
a. “COVERED ACTIVE DUTY OR CALL TO COVERED ACTIVE DUTY STATUS ” means (1) in the case of a member of the regular Armed Forces, duty during the deployment to a foreign country or (2) in the case of a member of the Armed Forces Reserve, duty during the deployment to a foreign country under a Federal ca ll or order to active duty in support of a contingency operation as defined by the FMLA.
b. “QUALIFYING EXIGENCY” is defined as any one of the following, provided that the activity relates to the military member’s covered active duty or call to covered active duty status:
1) Short notice deployment to address issues that arise due to a military member being notified of an impending call to covered active duty seven (7) or fewer calendar days prior to the date of deployment.
2) Military events and activities, including official ceremonies.
3) Childcare and school activities for a child of a military member who is either under age 18 or incapable of self – care.
4) Financial and legal arrangements to address the military member’s absence or to act as the military member’s representative for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status and for the ninety (90) days after the termination of the military member’s covered active duty status.
5) Counseling (provided by someone other than a health care provider) for the employee, for the military member, or for the child of the military member who is either under age 18 or incapable of self – care.
6) Rest and recuperation (up to fifteen (15) days of leave for each instance) to spend time with a military member who is on short – term, temporary rest and recuperation leave during deployment.
7) Post – deployment activities to attend ceremonies sponsored by the military for a period of ninety (90) days following termination of the military member’s covered active duty and to address issues that arise from the death of a military member while on covered active duty status.
8) Parental care for the parent of the military member when the parent is incapable of self – care.
9) Additional activities related to the military member’s covered active duty or call to covered active duty status when the employer and employee agree that such activity qualifies as an exigency and agree to both the timing and duration of the leave.
3. Leave Entitlement
Eligible employees are entitled to up to twelve (12) workweeks of Qualifying Exigency Leave during a calendar year.
As with other FML Leaves, Qualifying Exigency Leave also may be taken on an intermittent or reduced schedule basis.
4. Documentation and Certification – See Section B.1.d.5.
5. Use of Accrued Paid Leave – See Section B.1.f.7.
6. Notice – See Section B.1.c.1.
7. Reinstatement – See Section B.1.h.
8. Continuation of Health Benefits – See Section B.1.g.3.
An employee who is a spouse or domestic partner of a member of the Armed Forces, National Guard, or Reserves may take this leave during a “qualified leave period” when the employee’s spouse or domestic partner is on leave from a period of military conflict. “ QUALIFIED LEAVE PERI OD ” means the period during which the “qualified member” is on leave from deployment during a period of military conflict. An eligible employee shall be entitled to up to a maximum of ten (10) days of unpaid leave during a qualified leave period.
1. Eligibility
To be eligible, an employee must satisfy all of the following criteria:
a) Be a spouse or domestic partner of a “qualified member” (defined below),
b) Perform services for the University for an average of twenty (20) or more hours per week,
c) Provide the University with notice, within two (2) business days of receiving official notice that the qualified member will be on leave from deployment, of the employee’s intention to take the leave, and
d) Submit written documentation certifying that the qualified member will be on leave from deployment during the time that leave is being requested by the employee.
2. Definitions Specific to Military Spouse/Domestic Partner Leave
a. “QUALIFIED MEMBER” means a person who is any of the following:
1) A member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, or
2) A member of the National Guard who has been deployed during a period of military conflict, or
3) A member of the Reserves who has been deployed during a period of military conflict.
b. “Period of military conflict” means either of the following:
1) A period of war declared by the United States Congress, or
2) A period of deployment for which a member of a reserve component is ordered to active duty, as defined in Military & Veterans Code section 395.10.
3. Substitution of Paid Leave
This leave is unpaid leave, except that an employee shall use accrued vacation time prior to taking leave without pay.
H. PERSONAL LEAVE OF ABSENCE WITHOUT PAY
1. A non – probationary career employee may be granted a Personal Leave of Absence without Pay at the sole non – grievable discretion of the University. Such leave shall not exceed six (6) calendar months. Personal Leave without Pay shall not be considered a break in service and shall not determine eligibility for benefits except that the regulations of the retirement systems must be specifically checked to determine the effects of such leave without pay on retirement benefits.
2. The University, at its sole non – grievable discretion, may approve extension of a personal leave of absence without pay. Total leave time is normally not more than twelve (12) months.
A full – time employee in a career position on any shift or work schedule who is summoned to required jury duty service shall be granted leave with pay for actual time spent on jury service and in related travel, not to exceed the number of hours in the employee’s normal work day and the employee’s normal workweek. A part – time employee in a career position who is summoned to required jury duty service shall be granted leave with pay for actual time spent on jury service and in related travel which occur during the employee’s regularly scheduled hours of work.
2. Voting
An employee shall be granted leave with pay, up to a maximum of two (2) hours, for voting in a statewide primary or general elections if the employee is scheduled to work eight (8) hours or m ore on that day and does not have time to vote outside of working hours. An employee may be granted leave with pay, up to a maximum of two (2) hours, for donating blood during regularly scheduled hours of work.
An employee may be granted leave with pay, up to a maximum of two (2) hours, for donating blood during regularly scheduled hours of work.
a. When an employee is attending administrative or legal proceedings as directed by the University or is subpoenaed by the University to appear as a witness in an administrative or legal proceeding, leave without loss of straight time pay will be granted for actual time spent in the proceedings and in related travel not to exceed the number of hours in the employee’s normal work day and workweek.
b. An employee subpoenaed by the State or a political subdivision thereof when the State or political subdivision is prosecuting a person for an offense which the employee, by virtue of being on University premises during scheduled work hours, witnessed, shall be granted leave without loss of straight time pay for actual time spent in the proceedings and in related travel time not to exceed the employee’s normal work day and workweek.
c. The granting of leave without loss of straight time pay status for other employment – related situations where an employee has been subpoenaed shall be at the sole non – grievable, non – arbitrable discretion of the University.
5. Emergencies
In the event of natural or man – made emergencies, an employee may be granted leave with straight time pay during regularly scheduled hours of work for the period of time authorized by the University. The granting of such leave and the period of time shall be at the sole, non – grievable discretion of the University.
6. University Functions
At the sole, non – grievable discretion of the University and on a campus by campus basis, an employee may be granted leave during regularly scheduled hours of work to attend Commencement exercises, Charter Day exercises and other University meetings or functions as designated by the University. Such leave, when granted, shall be without loss of straight – time pay.