K8-Unit – ART. 16: Leaves of Absence

ARTICLE 16. Leaves of Absence

 

  1.   General Provisions

       In accordance with the provisions of this Article, an employee may be granted a Leave of Absence, with or without pay. If applicable state or federal law requires the University to offer any leave in a manner that would be more generous to employees than is currently provided in this Article, the University will comply with the law.     

  • Medical Leaves, with or without pay, include: Family Medical Leave, which includes both Family Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995; Supplemental Family and Medical Leave; Pregnancy Disability Leave; Parental Bonding Leave; Military Caregiver Leave; Qualifying Exigency Leave; Military Spouse/Domestic Partner Leave;, and Work-Incurred Injury and Illness Leave.

 

  • Administrative Leaves, with or without pay, include Personal Leave, Jury and Witness Duty, University Proceedings, Voting Privileges, Emergencies and Other Administrative Leaves.

 

  1. Substitution of Paid Leave. Unless expressly prohibited under the specific applicable leave(s) policy, employees may elect to substitute accrued vacation, sick leave and/or compensatory time off for leave without pay. In certain circumstances, employees may be required to exhaust paid leave before taking unpaid leave. The substitution of paid leave for unpaid leave does not extend the total duration of the leave to which an employee is entitled. For example, using five (5) days of accrued sick leave during a Family and Medical Leave absence does not extend the duration of the leave beyond the maximum entitlement by another five (5) days.

 

  1. Advance Notice.  For leaves other than Family and Medical Leave, an employee must inform their supervisor as far in advance as possible of the need to take time off from work for any reason, including the expected length of the leave. If the need to take leave is unforeseen an employee must inform their supervisor as soon as practicable.  The employee may be required to provide evidence of the treatment, circumstance, or event that is the basis for the absence from work, consistent with the provisions applicable to the particular type of leave being taken. 
  2. Evidence Supporting the Need for Leave.  An employee requesting leave, whether paid or unpaid, should be prepared to provide written documentation supporting the need for leave (e.g., jury summons, subpoena) consistent with the applicable leave provision. Leaves for medical reasons may require written confirmation from a health care provider.
  3. Recertification and Periodic Reports. The University may require an employee who is on a leave of absence due to their own or a family member’s medical condition to provide recertification of that condition. The University also may request periodic reports during an employee’s leave regarding their status and intent to return to work.
  4. Return to Work. An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of an approved leave. If an extension is desired, the employee should request this in writing from their supervisor in advance of the expected date of return.  
    1. An employee who unexpectedly cannot return to work on the next regularly scheduled workday following the expiration of the approved leave of absence must notify their supervisor as soon as possible, but preferably no later than an hour before the employee’s scheduled start time to explain the reason for the absence.
    2. Failure to return to work after an approved leave of absence without supervisory approval for the extension of leave is considered an unauthorized absence. An employee who is returning from a leave for their own medical condition may be required to provide written verification of their ability to return to work, consistent with the applicable leave provision. Such verification must include any applicable work restrictions (and their expected duration), as identified by the employee’s health care provider.
    3. Leaves of absence, whether paid or unpaid, may not extend beyond a predetermined separation date.
  5. Benefits Coverage During Leave.  Generally, an employee granted a leave with pay will receive all benefits related to employment that are granted when an employee is on pay status. Special limitations or requirements that apply to certain types of leaves are addressed in the provisions specific to those leaves.  
    1. An employee on Family and Medical Leave (FML) will continue to have coverage under the University’s health plans (medical, dental, and optical) as if on pay status as follows:
  1. When the employee is on a FML leave that runs concurrently under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA): Continued coverage for up to twelve (12) workweeks in a calendar year.
  1. When the employee is on a Military Caregiver Leave under the FMLA: Continued coverage for up to twenty-six (26) workweeks in a single twelve month period.  For purposes of Military Caregiver Leave, the single twelve month period is the period beginning on the first day the employee takes the leave and ending twelve (12) months after that date.

iii. When the employee is on a Qualifying Exigency Leave under the FMLA and/or CFRA: Continued coverage for up to twelve workweeks in a calendar year.

  1. When the employee is on a Pregnancy Disability Leave under the California Pregnancy Leave Law, regardless of whether any of the leave runs concurrently with 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.
  2. When the employee is on an FML leave under the CFRA that does not run concurrently under the FMLA (e.g., Parental Bonding Leave taken after the employee has exhausted their entitlement under the FMLA); CFRA leave taken to care for a family member, such as a sibling, who is not a qualifying family member under the FMLA: Continued coverage for up to 12 workweeks in a calendar year.

 

  1. An employee on any other approved unpaid leave will receive health plan and retirement plan coverage in accordance with the group insurance and retirement system regulations.
  2. To continue health coverage during an approved leave of absence, an employee must continue to make any contributions that they made before taking leave. For any paid portion of the leave, employee contributions will continue to be deducted from the employee’s paycheck. Failure of the employee to pay their share of the health insurance premium may result in loss of coverage. If the employee fails to return to work other than for reasons beyond their control (such as being physically unable to return to work), the University may elect to recover from the employee the portion of premiums it paid on the employee’s behalf.
  1.   Pay for Family Care and Bonding
  1.  General Provisions
  1. In order to support employees’ need to take leave to care for their family members, the University offers eligible employees Pay for Family Care and Bonding (PFCB), which is a partial income replacement option for up to eight workweeks per calendar year that may be available to employees taking Family and Medical Leave (FML) as set forth below. If University amends existing policy for any other bargaining unit or unrepresented staff to enhance the provisions for PFCB that are more generous than currently provided in this Article, the University will pass through those enhancements to bargaining unit employees.  
  2. In order to be eligible for PFCB, an employee must be on an approved block Family and Medical Leave (FML) taken for one of the qualifying reasons below, and the employee must be taking that leave in a block of a minimum of one workweek.
  3. Family and Medical Leaves that qualify for the PFCB option are those leaves taken under the FMLA and/or CFRA for parental bonding, to care for a family member with a serious health condition, for Military Caregiver Leave, or for Qualifying Exigency Leave.  PFCB is not an option available during any other type of leave.

 

  1. If an employee elects to use PFCB for a  particular qualifying FML block leave rather than using paid leave accruals or taking the leave without pay, the employee must continue to  use PFCB until they either exhaust their full eight workweeks of PFCB for the calendar year or that qualifying FML block leave ends. If their leave ends before they have used the full eight workweeks of PFCB for the calendar year, the remainder is available to use during a qualifying FML block leave later in the calendar year.
  2. An employee may not use any paid leave accruals (e.g., vacation, sick leave, PTO, CTO, as applicable), while receiving PFCB.
  1. PFCB Calculation.  The PFCB option provides pay calculated at seventy percent (70%) of an employee’s eligible earnings.
    1. Eligible Earnings. Eligible earnings include an employee’s base salary payable through the University. Eligible earnings do not include (if applicable) bonuses, perquisites, overtime pay, out of classification pay, shift differentials, certification pay, specialty pay, emergency response pay, charge differentials, on-call differentials, or any pay that is received in addition to that of the employee’s regular appointment, and any other additional cash compensation received that is more than 100% of the base salary of the full-time equivalent of the employee’s regular position.
    2. Appointments Established at a Fixed Percentage. If the employee has an appointment established at a fixed percentage, PFCB is  based on the salary rate in effect during the employee’s leave.
    3. Appointments Established at a Variable Percentage. If the employee has an appointment established at a variable percentage, eligible earnings are an average of the employee’s eligible earnings for the three calendar months (for an employee  paid on a monthly basis) or six pay periods (for an employee paid on a bi­weekly basis) immediately prior to the period in which the leave begins, excluding periods with furlough or approved leave without pay. This average is calculated as follows:

 

  1. For an employee paid on a bi-weekly basis, the sum of hours paid in the six pay periods immediately prior to the period in which the leave begins is divided by 12 to determine the average hours worked per week. The average hours worked per week is then multiplied by 0.7 to determine the number of hours per week the employee is to be paid at 70%.
  2. For an employee paid on a monthly basis, the sum of the time paid in the three calendar months immediately prior to the period in which the leave begins is divided by 3 to determine the average time worked per month. The average time worked per month is then multiplied by 0.7 to determine the time per month the employee is to be paid at 70%.

 

If the consecutive three months or six bi-weekly pay periods immediately preceding the beginning of the leave cannot be used due to furlough or approved leave without pay, the look-back period may be extended up to, but no longer than, one year prior to the beginning of the leave, using the most recent applicable pay periods.

  1. Pay and Benefit Considerations.   
    1. Taxability and Deductions.  PFCB is considered taxable wages.  An employee’s normal deductions are taken from PFCB. 
    2. Vacation and Sick Accruals.  An employee accrues vacation leave based on type of appointment, years of qualifying service and hours on pay status.  An employee accrues sick leave based on hours on pay status.   Because an employee is paid 70 percent of eligible earnings when receiving PFCB, vacation and sick accruals are calculated as if the employee is on pay status for 70 percent of their normal hours.
    3. Employment and Service Credit.  Employment service credit is used to determine years of qualifying service for an employee’s vacation accrual rate and for eligibility for service awards.  Employees accrue one month of employment service credit for each month in which they are on pay status at least 50 percent time.  If receiving PFCB results in a pay status of less than 50 percent in a given month, an employee will not receive employment service credit for that month.
    4. Retirement Service Credit. Retirement service credit (i.e., service earned as a UCRP member or UC Defined Contribution Savings Choice participant) is earned based upon an employee’s covered compensation and their full time equivalent compensation from a UCRP-eligible appointment. While receiving PFCB, an employee will continue to make required contributions to retirement plans. An eligible employee who is receiving PFCB will receive 70 percent of the retirement service credit they would have earned in their regular and normal appointment.
    5. Benefits. Health and welfare benefits deductions will be taken from PFCB in accordance with the employee’s benefit elections. Receiving PFCB does not, in itself, affect benefits status or eligibility. 

 

  1.   Family and Medical Leave – General Provisions

       To be eligible for Family and Medical Leave, an employee must have: been employed by the University for at least a total of 12 months; and worked at least 1,250 hours in the 12 months immediately preceding the start of the leave. (For employees granted military leave, all hours that would have been worked had the employee not been ordered to military duty are included for the purpose of calculating the 1,250 hours of actual work.)

 

  1. An eligible employee may take unpaid Family and Medical Leave of for up to a total of twelve (12) workweeks in a calendar year (or, for Military Caregiver Leaves, for a period of up to twenty-six (26) workweeks in a single 12-month period) under certain conditions, as described in the applicable sections below. University closures of one week or longer that occur during an employee’s Family and Medical Leave are not counted toward the 12-workweek limit (or, for Military Caregiver Leave, the 26-workweek limit).
  2. Any leave taken by an eligible employee that qualifies as Family and Medical Leave will be designated as such and will be counted against the employee’s leave entitlement whether the leave is paid or unpaid. 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). 

 

  1. An employee who takes less than twelve (12) workweeks of Family and Medical Leave does not need to have worked 1,250 hours in the twelve (12) months immediately preceding any subsequent Family and Medical leave taken for the same qualifying reason in the same calendar year as the initial qualifying leave.

 

  1. An employee may qualify for Family and Medical Leave under the California Family Rights Act (CFRA) for any covered reason (e.g., parental bonding) other than disability caused by pregnancy, childbirth, or related conditions even if the employee’s leave entitlement under the Family and Medical Leave Act (FMLA) has been exhausted.

 

  1. Advance Notice.  An employee should inform their supervisor of the need for a Family and Medical Leave at least thirty (30) days in advance of the anticipated start date of the leave if the need for leave is foreseeable. If the need for leave is not foreseeable, the employee should give notice to their supervisor as soon as practicable. Failure to comply with this notice requirement may result in postponement of leave.  The employee should also provide notice to their supervisor as soon as practicable if the period(s) for which the employee needs Family and Medical Leave change.

 

  1. Documentation and Certification.  The University may require that the employee provide a complete and sufficient certification from a health care provider if the employee is requesting a Family Medical Leave (a) due to the employee’s own serious health condition, (b) due to the employee’s pregnancy disability, (c) to care for a family member with a serious health condition, or (d) as Military Caregiver Leave. If the employee is taking Qualifying Exigency Leave, the University may require that the employee provide the certification pertaining to that form of Family and Medical Leave. The University will provide the appropriate certification form to the employee based on the type of Family and Medical Leave the employee is requesting. If the employee is seeking to take Family and Medical Leave to care for a family member with a serious health condition or as Parental Bonding Leave, the University may require that the employee provide a Declaration of Family Relationship for Family and Medical Leave. 

 

  1. Substitution of Paid Leave Benefits for Unpaid Family and Medical Leave.  Employees may elect to use Pay for Family Care and Bonding (PFCB) if they meet the criteria set forth in Section B.1, above.  For any portion of the leave during which employees are not receiving PFCB, they may elect to substitute accrued vacation, sick leave, and/or compensatory time off for leave without pay in accordance with the provisions governing each type of Family and Medical Leave. If an employee wishes to take unpaid Family and Medical Leave and the employee’s vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave before taking unpaid Family and Medical Leave. The foregoing requirement does not apply if the employee elects to take unpaid Pregnancy Disability Leave instead of using accrued vacation. The substitution of paid leave for Family and Medical Leave does not extend the total duration of the leave to which an employee is entitled. 

 

  1. Reinstatement.  Reinstatement will be to the same position or, at the Department’s discretion, to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, provided that the employee returns to work immediately following the Family and Medical Leave. If the employee would have been laid off or terminated or if the employee had actually been working during the leave period, the employee will be afforded the same considerations afforded to other employees who are laid off or terminated pursuant to the provisions of this collective bargaining agreement.

 

  1.   Family and Medical Leave – Due to an Employee’s Own Serious Health Condition 

       Eligible employees are entitled to Family and Medical Leave when they are unable to perform their job due to their own serious health condition. 

 

  1. Definition of Serious Health Condition.  For these purposes, a serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:

 

  1. Inpatient Care—Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. A person is considered an inpatient when a health care facility formally admits them to the facility with the expectation that they 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.

 

  1. Incapacity of More Than Three (3) Consecutive Days plus Continuing Treatment by a Health Care Provider—A period of incapacity of more than three (3) consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves (a) treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider; or (b) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (e.g. a course of prescription medication, or therapy requiring special equipment, to resolve or alleviate the health condition). This does not include taking over-the-counter medications or activities that can be initiated without a visit to a health care provider (e.g. bed rest, exercise, drinking fluids).

 

  1. Pregnancy (only covered under FMLA)—A period of incapacity due to pregnancy, childbirth, or related medical conditions. This includes severe morning sickness and prenatal care.

 

  1. Chronic Conditions Requiring Treatment—A chronic condition which: (a) requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider, (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).

 

  1. Permanent/Long-Term Conditions Requiring Supervision—A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. The employee must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of disease. 

 

  1. Multiple Treatment (Non-Chronic Conditions)—Any period of absence to receive multiple treatments (including any period of recovery therapy from) by a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), or kidney disease (dialysis). 

 

  1. Reduced Schedule or Intermittent Leave.  When medically necessary for the employee’s own serious health condition, an employee may take Family and Medical Leave intermittently or on a reduced schedule basis. If the employee’s need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment so as to minimize the disruption to the University’s operations. In addition, if the need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the University may require the employee to transfer temporarily (during the period when intermittent or reduced schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee’s regular position. 

 

  1. Substitution of Paid Leave Benefits for FML Due to an Employee’s Own Serious Health Condition.  An employee may elect to substitute accrued vacation, sick leave, and/or compensatory time off for leave without pay. Supplemental and/or extended sick leave may be used if the employee is receiving temporary disability payments under the Workers’ Compensation Act, subject to Article 14, Work-Incurred Injury or Illness.

 

  1.   Family and Medical Leave – To Care for a Family Member with a Serious Health Condition. 

       An eligible employee is entitled to Family and Medical Leave when the employee’s assistance is required to care for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling with a serious health condition as defined in Section D.1, above, as follows:

 

  1. When FML is taken to care for a spouse, domestic partner, child (under 18 years or incapable of self-care because of a mental or physical disability), or parent, this leave would use an employee’s entitlement(s) under the FMLA and CFRA to the extent the employee has such entitlement(s) available.

 

  1. When FML is taken to care for an adult child (18 years or older who does not have a disability that renders them incapable of self-care), grandparent, grandchild, or sibling, this leave would only use an employee’s entitlement under the CFRA to the extent the employee has such entitlement available.

  • The employee may be required to provide written confirmation of a family relationship for leaves requested for the purpose of caring for a seriously ill qualifying family member. 

 

  1. Reduced Schedule or Intermittent Leave.  When medically necessary to care for a family member with a serious health condition, an employee may take Family and Medical Leave intermittently or on a reduced schedule basis. If the employee’s need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment so as to minimize the disruption to the University’s operations. In addition, if the need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the University may require the employee to transfer temporarily (during the period when intermittent or reduced schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee’s regular position. 

 

  1. Substitution of Paid Leave Benefits for Family Medical Leave to Care for a Family Member with a Serious Health ConditionEmployees may elect to use Pay for Family Care and Bonding (PFCB) if they meet the criteria set forth in Section B.1, above.  For any portion of the leave during which employees are not receiving PFCB, they may elect to substitute accrued vacation, compensatory time off, and/or up to twelve (12) workweeks of accrued sick leave for unpaid leave to care for a family member with a serious health condition. If an employee wishes to take unpaid leave to care for a family member with a serious health condition and the employee’s vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation prior to taking unpaid Family and Medical Leave.

 

  1.   Supplemental Family and Medical Leave

       A regular status employee who has exhausted all Family and Medical Leave is eligible for Supplemental Family and Medical Leave for up to an additional twelve (12) workweeks or until the end of the calendar year, whichever is less, if the need for a Family and Medical Leave that is in progress continues beyond twelve (12) workweeks. However, the aggregate absence from work for Pregnancy Disability Leave, Family and Medical Leave, and Supplemental Family and Medical Leave may not exceed seven (7) months during the calendar year, except as may be required by law. 

 

  1. For employees on Supplemental Family and Medical leave, health plan coverage (medical, dental, and optical) will continue in accordance with each plan’s requirements.

 

  1. An employee may elect to substitute accrued vacation, sick leave, and/or compensatory time off for leave without pay if the underlying Family and Medical Leave is due to the employee’s own pregnancy disability or other serious health condition.  An employee may elect to substitute accrued vacation, compensatory time off, and/or up to thirty (30) days of sick leave in a calendar year if the underlying Family and Medical Leave is to care for a family member with a serious health condition, parental bonding leave, or Military Caregiver Leave as provided for under applicable provisions of the policy.

 

  1. Reinstatement.  Reinstatement shall be to the same or, at the department’s discretion, a similar position in the same department provided that the employee returns to work immediately following termination of the leave. If the employee would have been laid off or terminated had the employee actually been working during the leave period, the employee shall be afforded the same considerations afforded other employees who are laid off or terminated pursuant to the provisions of Article 19, Layoff and Reduction in Time, Article 18, Discipline & Dismissal, and Article 6, Limited Appointment. 

 

  1.   Leave Due to Pregnancy, Childbirth or Related Medical Condition (Pregnancy Disability Leave) 

       An employee who is disabled because of pregnancy, childbirth, or related medical conditions may take an unpaid Pregnancy Disability Leave for the period of actual disability of up to four months. Pregnancy Disability Leave may consist of leave with or without pay and/or paid leave such as accrued sick leave, vacation leave, and compensatory time off. Pregnancy Disability Leave may also be used for prenatal care. 

 

  1. If an employee on an approved Pregnancy Disability Leave is eligible for Family and Medical Leave, up to 12 workweeks of Pregnancy Disability Leave will run concurrently with the employee’s Family and Medical Leave entitlement under federal law. Upon concluding a Pregnancy Disability Leave, an employee may be eligible for up to 12 workweeks of Family and Medical Leave under the California Family Rights Act (CFRA) for any covered reason except pregnancy, childbirth or related medical conditions.

 

  1. Reduced Schedule or Intermittent Leave When medically necessary, an employee may take Pregnancy Disability Leave on an intermittent or reduced schedule basis. The University may require an employee who is taking such leave on an intermittent or reduced schedule basis to temporarily transfer to an alternative position if the alternative position better accommodates the required work schedule than the employee’s own position. Such a temporary transfer shall not be counted toward an employee’s entitlement to up to four (4) months of Pregnancy Disability Leave. At the conclusion of the Pregnancy Disability Leave (or earlier, at the University’s option), the employee shall be returned to her original position in accordance with the Reinstatement provisions below. 

 

  1. Modification of Job Duties or Temporary Transfer As an alternative to or in addition to Pregnancy Disability Leave, the University will temporarily modify the job duties of a pregnant employee or transfer the employee to a less strenuous or hazardous position, if requested by the employee and medically advisable according to the employee’s health care provider, provided that the temporary transfer or modification of duties can be reasonably accommodated by the University. Such a temporary modification of duties or transfer will not be counted toward an employee’s entitlement to up to four (4) months of Pregnancy Disability Leave. At the conclusion of the Pregnancy Disability Leave (or earlier upon the employee’s request if that request is consistent with the advice of the employee’s health care provider), the employee will be returned to their original position and/or duties in accordance with the Reinstatement provisions below. 

 

  1. Reinstatement. Reinstatement will be to the same position the employee had prior to the Pregnancy Disability Leave, provided that the employee returns to work within four (4) months and immediately following the Pregnancy Disability Leave.  If the employee would have been laid off or terminated if the employee had actually been working during the leave period, reinstatement will be to a comparable position at the same location. If a comparable position at the same location is not available, the employee will be afforded the same considerations afforded other employees who are laid off or terminated pursuant to the provisions of Article 19, Layoff and Reduction in Time, Article 18, Discipline & Dismissal, and Article 6, Limited Appointment.

 

  1.   Parental Bonding Leave

       An eligible employee is entitled to Family and Medical Leave to bond with their child after the child’s birth or placement with the employee for adoption or foster care, and to attend to matters related to the birth, adoption, or placement of the child. Leave granted for such bonding purposes must be concluded within twelve (12) months following the child’s birth or placement with the employee.

 

  1. Reduced Schedule or Intermittent Leave.  The basic minimum duration of any Parental Bonding Leave is two (2) weeks. However, the University will grant an employee’s request for a Parental Bonding Leave of less than two (2) weeks’ duration on any two occasions. Otherwise, the employee may only take Parental Bonding leave for a period of less than two (2) weeks or intermittently or on a reduced schedule at the discretion of the employee’s supervisor and then only according to an agreed schedule. Supervisors must assess any such request in conjunction with existing University needs. 

 

  1. Substitution of Paid Leave Benefits for Parental Bonding Leave.  Employees may elect to use Pay for Family Care and Bonding (PFCB) if they meet the criteria set forth in Section B.1, above.  For any portion of the leave during which employees are not receiving PFCB, they may elect to substitute accrued vacation, compensatory time off, and/or up to thirty (30) days of accrued sick leave for any unpaid Parental Bonding Leave. If an employee wishes to take unpaid Parental Bonding Leave and the employee’s vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation before taking unpaid Family and Medical Leave/Parental Bonding Leave.

 

  1.     Family and Medical Leave – Military Caregiver Leave

       An eligible employee may take Military Caregiver Leave to care for a spouse, domestic partner, child, parent or next of kin who is a covered service member undergoing medical treatment, recuperation or therapy for a serious injury or illness.  

 

  1. Definition of Terms

 

  1. Covered servicemember:  For purposes of Family and Medical Leave – Military Caregiver Leave, a “covered servicemember” is: a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list; or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. 

 

  1. Covered veteran: For purposes of Family and Medical Leave – Military Caregiver Leave, a “covered veteran” is an individual who was a member of the Armed Forces (including the National Guard or Reserves), and 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 Family Medical Leave to care for the covered veteran. 

 

  1. Next of kin: The “next of kin” is either (i) the nearest blood relative of the covered service member (other than the covered servicemember’s spouse, domestic partner, parent, or child) or (ii) the person who the covered servicemember has designated in writing as their nearest blood relative for purposes of Military Caregiver Leave.

 

  1. Parent of a covered servicemember:  A “parent of a covered servicemember” is a covered military servicemember’s biological, adopted, step or foster parent or any other individual who stood in loco parentis to the covered servicemember when the covered servicemember was a child. The definition does not include parents “in-law.”

 

  1. Single 12-month leave period:  A “single 12-month leave period” means the period beginning on the first day the employee takes leave to care for the covered servicemember and ending 12 months after that date.

 

  1. Child of a covered servicemember:  A child of a covered military servicemember is of any age and is a biological, adopted, or foster child, stepchild, or legal ward of a covered servicemember or someone for whom the covered servicemember stood in loco parentis when that person was a child.

 

  1. Leave Entitlement An eligible employee is entitled to up to twenty-six (26) workweeks of Military Caregiver Leave during a single 12-month leave period. For purposes of this type of Family and Medical Leave only, a single 12-month leave period is the period beginning the first day an employee takes leave to care for the covered service member and ends twelve (12) months after that date. 

 

  1. Leave is applied on a per-covered servicemember, per-injury basis. Eligible employees may take more than one period of twenty-six (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 twenty-six (26) workweeks of leave may be taken within any single 12-month period.

 

  1. If an eligible employee does not use all of their 26 workweeks of leave entitlement to care for a covered servicemember during this single 12-month leave period, the remaining part of the 26 workweeks entitlement to care for the covered servicemember for that serious injury or illness is forfeited.

 

  1. Reduced Schedule or Intermittent Leave This leave may be taken on an intermittent or reduced schedule basis. If the employee’s need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment so as to minimize the disruption to the University’s operations. In addition, if the need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the University may require the employee to transfer temporarily (during the period when intermittent or reduced schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee’s regular position.  

 

  1. Documentation and Certification.  Employees may be required to provide a certification completed by an authorized health care provider of the covered servicemember that provides information necessary to establish entitlement to Military Caregiver Leave. In addition, employees may be required to provide certain information (or have the covered servicemember provide information) establishing that the servicemember is a covered servicemember for purposes of Military Caregiver Leave, their relationship with the employee, and an estimate of the leave needed to provide the care. 

 

  1. Substitution of Paid Leave Benefits for Military Caregiver Leave.  Employees may elect to use Pay for Family Care and Bonding (PFCB) if they meet the criteria set forth in Section B.1, above.  For any portion of the leave during which employees are not receiving PFCB, they may elect to substitute accrued vacation, compensatory time off, and/or up to twelve (12) workweeks of sick leave for unpaid Military Caregiver Leave. If an employee wishes to take unpaid Military Caregiver Leave and the employee’s vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation prior to taking unpaid Military Caregiver Leave. 

 

  1.   Family and Medical Leave – Qualifying Exigency Leave

       An eligible employee who is the spouse, domestic partner, child, or parent of a covered servicemember may take Qualifying Exigency Leave to attend to any qualifying exigency (as defined below) when the covered servicemember is on covered active duty or call to active duty (or has been notified of an impending call or order to active duty). 

 

  1. Definition of Terms

 

  1. Covered active duty or call to active duty status:  For purposes of Family and Medical Leave – Qualifying Exigency Leave, “Covered active duty or call to covered active duty status” is defined as (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 call or order to active duty in support of a contingency operation, during a war, or during a national emergency declared by the President or Congress so long as it is in support of a contingency operation.

 

  1. Covered servicemember:  A “covered servicemember” is on “active duty or call to active duty status” and is either (i) a member of a regular component of the Armed Forces who is deployed to or returning from a foreign country due to service with the Armed Forces, (ii) a member of the reserve components (Army National Guard of the United States, Army Reserve, Navy Reserve, Air National Guard of the United States, Air Force Reserve,  or Coast Guard Reserve), or (iii) a retired member of the regular Armed Forces or the Reserves. 

 

  1. Parent of a covered servicemember:  For purposes of Family Medical Leave – Qualifying Exigency Leave, a “parent of a covered servicemember” is a covered servicemember’s biological, adopted, step or foster parent or any other individual who stood in loco parentis to the covered servicemember when the covered military servicemember was a child. The definition does not include parents “in-law.”

 

  1. Child of a covered servicemember:  A child of a covered servicemember is of any age and is a biological, adopted, or foster child, stepchild, or legal ward of a covered servicemember or someone for whom the covered servicemember stood in loco parentis when that person was a child.

 

  1. Qualifying Exigency A Qualifying Exigency is defined as any one of the following, provided that the activity relates to the covered servicemember’s active duty or call to active duty status:

 

  1. Short notice deployment to address issues that arise due to a covered servicemember being notified of an impending call to active duty seven (7) or fewer calendar days prior to the date of deployment.

 

  1. Military events and activities, including official ceremonies.

 

  1. Childcare and school activities for a child of the covered servicemember who is either under the age of 18 or incapable of self-care.

 

  1. Financial and legal arrangements to address the servicemember’s absence or to act as the covered servicemember’s representative for purposes of obtaining, arranging, or appealing service benefits while the covered servicemember is on active duty or call to active duty status and for the ninety (90) days after the termination of the covered servicemember’s active duty status.

 

  1. Counseling (provided by someone other than a health care provider) for the employee, for the covered servicemember, or for a child of the covered servicemember who is either under age 18 or incapable of self-care. 

 

  1. Rest and recuperation (up to fifteen (15) days of leave for each instance) to spend time with a covered servicemember who is on short-term, temporary rest and recuperation leave during deployment. 

 

  1. Post-deployment activities to attend ceremonies sponsored by the military for a period of ninety (90) days following termination of the covered servicemember’s active duty and to address issues that arise from the death of a covered servicemember while on active duty status.

 

  1. Parental care for the parent of the servicemember when the parent is incapable of self-care.

 

  1. Additional activities related to the covered servicemember’s active duty or call to active duty status when the University and the employee agree that such activity qualifies as an exigency and agree to both the timing and duration of the leave.

 

  1. Reduced Schedule or Intermittent Leave.  Qualifying Exigency Leave may be taken on an intermittent or reduced schedule basis.

 

  1. Documentation and Certification.  Employees may be required to provide a copy of the covered servicemember’s active duty orders. Employees may also be required to provide certification of: (1) the reasons for requesting Qualified Exigency Leave, (2) the beginning and end dates of the qualifying exigency, and (3) other relevant information. 

 

  1. Substitution of Paid Leave Benefits for Qualifying Exigency Leave.  Employees may elect to use Pay for Family Care and Bonding (PFCB) if they meet the criteria set forth in Section B.1, above.  For any portion of the leave during which employees are not receiving PFCB, they may elect to substitute accrued vacation or compensatory time off for unpaid Qualifying Exigency Leave. If an employee wishes to take unpaid Qualifying Exigency Leave and the employee’s vacation accrual balance at the maximum, the employee will be required to use at least 10 percent of accrued vacation prior to taking unpaid Qualifying Exigency Leave. 

 

  1. Notice.  The employee shall provide notice of the need for leave as soon as practicable, pursuant to Section A.5, above.

 

  1.   Military Spouse/Domestic Partner Leave

       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. 

 

  1. A qualified leave period for this type of leave means the period during which the qualified member is on leave from deployment during a period of military conflict. An eligible employee will be entitled to up to a maximum of ten (10) days of unpaid leave during a qualified leave period. Qualified member and Period of Military Conflict are terms defined below:

 

  1. Qualified Member:  For purposes of Military Spouse/Domestic Partner Leave, a “qualified member” is a person who is (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, (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.
  2. Period of Military Conflict:  For purposes of Military Spouse/Domestic Partner Leave, a “period of military conflict” is a period of war declared by the United States Congress, or 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.

 

  1. To be eligible for this leave, an employee must satisfy all of the following criteria:

 

  1. Be a spouse or domestic partner of a qualified member,
  2. Perform services for the University for an average of twenty (20) or more hours per week,
  3. Provide the University with notice of the employee’s intention to take the leave within two (2) business days of receiving official notice that the qualified member will be on leave from deployment, and  
  4. 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.

 

  1. An employee may elect to substitute accrued vacation or compensatory time off for unpaid Military Spouse / Domestic Partner Leave.  If an employee wishes to take unpaid Military Spouse / Domestic Partner Leave and the employee’s vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation prior to taking unpaid Military Spouse / Domestic Partner Leave.

 

  1.   Personal Leave 

       A career employee may be granted a leave without pay for personal reasons at the discretion of management.  Reinstatement shall be to the same or, at the department’s discretion, a similar position in the same department provided that the employee returns to work immediately following termination of the leave. If the employee would have been laid off or terminated had the employee actually been working during the leave period, the employee shall be afforded the same considerations afforded other employees who are laid off or terminated pursuant to the provisions of Article 19, Layoff and Reduction in Time, Article 18, Discipline & Dismissal, and Article 6, Limited Appointment. 

 

  1. Catastrophic Leave Donation Program

 

  1. Employees are eligible to participate in the Catastrophic Leave Donation Program, as recipients and donors, consistent with the local campus guidelines. 
  2. Employees may submit an application for the Catastrophic Leave Donation Program when they have exhausted all but their last 40 hours of paid leave. 

 

  1.   Voluntary Civil Service Leave

 

  1.   An employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel generally may take unpaid time off to perform emergency duty when required.  An employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue may take up to a total of fourteen (14) days of unpaid leave per calendar year to engage in fire, law enforcement, or emergency rescue training.

 

  1.     An employee who is a volunteer member of the California Wing of the Civil Air Patrol who is directed and authorized to respond to an emergency operational mission may take unpaid leave to perform such emergency duty, provided that the employee has been employed by the University for at least ninety (90) days immediately preceding the commencement of leave.  Such leave shall be granted for a period not to exceed ten (10) days per calendar year.

 

  1.    Employees may elect to substitute accrued vacation or compensatory time off for leave without pay.

 

  1. Employees may be required to provide documentation of participation in emergency duties or training.

 

  1.   Administrative Leaves   

Eligible employees may be granted administrative leave to participate in specified University and civic activities, or because of natural or other emergencies. 

 

  1. Jury and Witness Duty, Including Grand Jury Duty. A full-time or part-time employee on any shift or work schedule shall be granted administrative leave for actual time spent on jury duty or as a witness when served with a subpoena and in related travel, not exceed the number of hours in the employee’s normal work day and the employee’s normal work week. Administrative leave granted for jury or witness duty shall be with pay if the employee is appointed to a career position.  Otherwise, administrative leave granted for jury or witness duty shall be without pay. 

 

  1. University Proceedings. An employee may be granted leave with pay during regularly scheduled hours of work to attend University meetings or functions as designated by the Department Head.  When an employee is required to attend administrative or legal proceedings on behalf of the University, attendance is counted as time worked. 

 

  1. Voting Privileges. An employee shall be granted leave with pay, up to a maximum of two hours, for voting in a statewide primary or general election if the employee does not have time to vote outside of working hours. Any additional time off shall be without pay. 

 

  1. Administrative Leave for Emergencies.  The Chancellor may grant administrative leaves with pay for a specified duration due to natural or other emergencies, or an employee may request unpaid leave for that purpose. 

 

  1. To be eligible, an employee must be scheduled to work and is not on paid or unpaid leave on the day(s) of the emergency, and the employee must coordinate leave requests with their supervisor and the coordinator on the campus handling emergency response requests and issues.

 

  1. An employee who wishes to participate in emergency response efforts with agencies that have requested assistance (e.g., FEMA, the Red Cross) may be granted administrative leave with pay for a period of time determined in accordance with campus procedures, depending upon the particular circumstances of the emergency. To be eligible for this type of leave under these circumstances, the employee must be scheduled to work and not on paid or unpaid leave on the day(s) when they are participating in the emergency response efforts.

 

  1. Curtailment Leave.  The campus may curtail operations on a department-by-department basis for specific periods of time.  Employees may continue to accrue vacation and sick leave credits during an unpaid curtailment leave for up to three (3) days.  Employees may elect to substitute accrued vacation and/or compensatory time off for leave without pay. During a curtailment leave, employees with insufficient vacation accrual balances may use up to three (3) days of vacation credits prior to their actual accrual.  Any employee may request to work during a closure.  It is in management’s sole discretion to grant or deny any such request.

 

  1. Leave for Blood Donation.  An employee is eligible for an administrative leave with pay for up to two (2) hours to donate blood. Time taken to donate blood is not considered time worked for purposes of computing overtime pay for employees.

 

  1.   Other Leaves

 

  1. School Suspensions. An employee who is the parent or guardian of a child who has been suspended from school may take time off to appear at the school in connection with that suspension. The employee must provide reasonable notice and may elect to use accrued vacation, compensatory time off, and/or unpaid leave for this purpose.

 

  1. School Activities. An employee who is the parent, guardian, or grandparent with custody of a child in grades Kindergarten through 12, or a child attending a licensed day care facility, may take off up to 40 hours per calendar year (but no more than eight hours in any one calendar month) to participate in activities of the school or licensed day care facility. The employee must provide reasonable notice and may elect to substitute accrued vacation and/or compensatory time off for this purpose. At the supervisor’s discretion, the employee may be required to provide documentation from the school or licensed day care facility as proof that the employee participated in the activity on a specific date and at a particular time.

 

  1. Victims of Domestic Violence, Sexual Assault or Stalking. An employee who is a victim of domestic violence, sexual assault, or stalking may take leave from work to obtain, or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other court assistance, to help ensure the employee’s own health, safety, or welfare – or that of the employee’s child. An employee also may take leave to: 

 

  1. Seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.  
  2. Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. 
  3. Obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. 
  4. Participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 

 

Employees should provide reasonable advance notice, if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave taken under this Section. Employees may elect to substitute accrued vacation, sick leave and/or compensatory time off for unpaid leave.

 

  1. Victims of Serious or Violent Felonies. An employee who is a victim of a crime, or who is a family member of a victim may take unpaid leave to attend judicial proceedings related to the crime. Employees must provide reasonable notice and may elect to substitute accrued vacation, sick leave, and/or compensatory time off for unpaid leave. The University will protect the confidentiality of records regarding an employee’s absence from work for these reasons. 

 

  1.   Before an employee may be absent from work for these reasons, the employee will provide a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. 

 

  1. When advance notice is not feasible, the employee will, within a reasonable time after the absence, provide documentation evidencing the judicial proceeding from the court or government agency setting the hearing, the district attorney or prosecuting attorney’s office, or the victim/witness office that is advocating on behalf of the victim.
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