K8-Unit – ART. 16: Leaves of Absence

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ARTICLE 16. Leaves of Absence

A. 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.
    2. Advance Notice Require For leaves other than Family and Medical Leave, an employee must inform his/her 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 his/her 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.
    3. 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.
    4. Recertification and Periodic Reports The University may require an employee who is on a leave of absence due to his/her 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 his/her status and intent to return to work.
    5. 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 his/her supervisor in advance of the expected date of return.
    a. 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 his/her 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. b. 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 his/her own medical condition may be required to provide written verification of his/her ability to return to work, consistent with the applicable leave provision. Such verification must include any applicable work restr ictions (and their expected duration), as identified by the employee’s health care provider.
    c. Leaves of absence, whether paid or unpaid, may not ext end beyo nd a predetermined separation date.
    6. Benefits Coverage During Leave. Generally, an employee grante d 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.
    a. 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:
    i. 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.

ii. 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: Continued coverage for up to twelve workweeks in a calendar year.

iv. 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.

v. 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 his/her entitlement under the FMLA): Continued coverage for up to twelve (12) workweeks in a calendar year.

b. 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.

c. To continue health coverage during an approved leave of absence, an employee must continue to make any contributions that he/she 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 his/her 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 his/her 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 be half.

B. 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 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 l imit).

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).

3. 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.

4. An employee may qualify for Family and Medical Leav e under the California Family Rights Act (CFRA)

for any covered rea s o n (e .g., pare ntal bonding) other than disabil i ty caused by pregnancy, child birth, or

related conditions even if th e employee’ s leave entitlement under the Family and Medical Leave Act

(FMLA) has b e e n e xhauste d.

5. Advance N ot i ce. An employee should inform his/her 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 his/her supervisor as

soon as practicable. Failure to comply with this no tice requirement may result in postponement of leave.

The employee should also provide notice to his/her supervisor as soon as practicable if the period(s) for
which the employee needs Family and Medical Leave change.

6. 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 heal th conditi on, 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 th a t form of F a mily 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.

7. Substitution of Paid Leave Benefits for Unp aid F amily and Medical Le ave. An employee 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 usin g acc ru e d 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.

8. 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 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.

C. 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:

a. Inpatient Care—Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical

care facility, including any period of inca pacity or subsequent treatment in connection with or

consequent to such inpatient c a re .

b. 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

supervis ion 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 activ ities that ca n be initiated without a visit to a health care

provider (e.g. bed rest, exe rcise, drinking fluids).

c. 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.

d. 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

supervis ion of a healt h c a re provider, (b) cont inues over an e xtended 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.).

e. Permanent/Long-Term Conditions Requiring Supervis ion—A period of incapacity that is

permanent or long term due to a condition for which treatment may not be effective. The employee
or family member 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.

f. 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 surger y after an accid ent 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, su ch as cancer (chemotherapy, radiation, etc.) sever e arthritis (physical

therapy ), or kidney di se a s e (dialys i s ).

2. Reduced S c hedule or Int e rmitte nt Lea ve . 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 his/her supervisor and make a reasonable effort to schedule the

treatment so as to minimize the disrup tion to the University’s operations. In additio n, if the need for
intermittent or reduced sche dule 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 po s itio n for wh ich the employee is qualified and that better

accommodates recurring periods of leave than the employee’s regular position.

3. Substitution of Paid Leave Benefits for F ML Due to an Employee’s Own Serious Health Condition. An

employee may elect to substitute accrued va c a t i on, s i c k le ave, and/or compensatory time of f 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 Section K, below.

D. 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, or parent with a serious health condition as defined i n Section F.1, above.
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 spo use, domestic partner, child, or parent.

1. Reduced S c hedule or Int e rmittent 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 his/her 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 tha t better

accommodates recurring periods of leave than the employee’s regular position.

2. Substitution of Paid Leave Benefits for F amily Medica l Le ave to Care for a Family Member with a Serious

Health Condition. An employee 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.

E. 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.

2. 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.

3. Reinstatement. Reinstatement sh all 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 provis ion s of A rticle 19, Layoff and Reduction in Time,
Article 18, Discipline & Dismissal, an d Article 6, Limited Appointment.

F. 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.

2. Reduced S c hedule or Int e rmitte nt Lea ve 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 trans fer 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), th e employee sh a ll be returned to her original position in accordan ce with the

Reinstatement provisions below.

3. Modification of Job Duties or Temporary Transfer As an alternative to or in addition to Pregnancy Disability

Leave, the University will temporar ily modif y 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 w ith th e advice of the employee’s health care provider), the employee

will be returned to her original position and/or duties in accordance with the Reinstatement prov is ion s

below.

4. 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 leav e 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 t he provisions of

Article 19, Layoff and Reduction in Time, Article 18, Disc ipline & Dismissal, and Article 6, Limited

Appointment.

G. Parental Bonding Leave

An eligible employee is entitled to Family and Medic al L eave to bond with his/her 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 S c hedule or Int e rmitte nt Lea ve . 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.

2. Substitution of Paid Leave Benefits for P arental Bon ding Leave. Employees 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.

H. Family and Medical Leave – Military Caregiver Leave

An eligible employee may take Military Caregiver Leave to care for a family member or next of kin who is a

covered service member undergoing medical treatment, recuperation or therapy for a serious injury or illness.

1. Definit ion of Terms

a. Covered service member: For purposes of Family and Medical Leave – Military Caregiver Leave,

a “covered service member” is: a current member of the Armed Forces (including a member of the

National G ua rd 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

b. Covere d 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 G ua rd or Reser ve s ) , and who was discharged or relea s e d un de r condit i on s 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.

c. Next of kin: The “next of kin” is either (i) the nearest blood relative of the covered service member

(other than the covered service member’s spouse, domestic partner, parent, son or dau g ht e r) o r (ii )
the person who the covered service member has des i gnated i n w ri ting as his/ he r ne arest bloo d

relative for purposes of Military Car egiver Leave.

d. Parent of a covered military member: A “parent of a covered military member” is a covered

military member’s biological, adopted, or foster parent or any other individual who stood in loco
parentis to the covered military member when the covered military member was a child. The
definition does not include parents “in-law.”

e. 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 service member and ending 12 months
after that date.

f. Son or dau ght er of a cove re d se rvice member: A son or daughte r of a covered military member is

of any age and is a biological, adopted, or foster child, stepchild, or legal ward of a covered service

member or someone for whom the covered service member stood in loco parentis when that person

was a child.

2. Leave Entitlement An eligible employee is entitled to up to twenty-six (26) workweeks of Military

Caregiver Leave during a single 12-month leave pe riod. For purposes of t his type of Fa mily 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.

3. Leave is applied on a per-covered service member, per-injury basis. Eligible employees may take more th a n

one period of twenty-six (26) workweeks of leave if the leave is to care for a different covered service

member or to care for the same service member 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.

4. If an eligible employee does not use all of his/her 26 workweeks of leave entitlement to care for a covered

service member during this single 12-month leave period, the remaining part of the 26 workweeks

entitlement to care for the covered service member for that serious injury or illness is forfe ited.

5. Reduced S c hedule or Int e rmitte nt Leave This leave may be taken on an intermittent or reduced s c hedule

basis. If the employee’s need for intermittent or reduced schedule leave is foreseeable based on planned
medical treatment, the employee should consult with his/her 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.

6. Documentation and Certification. Employees may be required to provide a certification completed by an

authorized health care provider of the covered service member 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 service member provide information) establishing that the service member

is a covered service mem be r f or purposes o f M ilitary Caregiver Leave, his/her relat i onship wit h the
employee, and an estimate of the leave needed to provide the care.

7. Substitution of Paid Leave Benefits for Militar y Car eg iver Leave. An employee may elect to substitute

accrued vacation, compensatory time off, and/or up to twelve (12) w or kweeks of sick leave for unpai d

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 b e requ ired to use at least 10
percent of accrued vacation prior to taking unpaid Military Caregiver Leav e.

I. Family and Medical Leave – Qua l i f y i ng Exigenc y Le ave

An eligible employee who is the spouse, domestic partner, son, daughter or parent of a covered military member
may take Qualifying Exigency Leave to attend to any qualifying exigency (as defined below) when the covered

military member is on active military duty or has been notified of an impending call or order to active military duty

in the Armed Forces.

1. Definit ion of Terms

a. 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 dur i n g the deploy ment 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 o f a c ontingenc y operati on.

b. Covered military member: A “covered military member” 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.

c. Parent of a covered service member: For purposes of Family Medical Leave – Qualifying

Exigency Leave, a “parent of a covered service member” is a covered service member’s biological,

adopted, or foster parent or any other individual who stood in loco parentis to the covered service
member when the covered military member was a child. The definition does not include parents

“in-law.”

d. Son or dau ght er of a cove re d military member: A son or daughte r of a covered military member is

of any age and is a biological, adopted, or foster child, stepchild, or legal ward of a covered military
member or someone for whom the covered military member stood in loco parentis when that

person was a child.

2. Qualifying Exigency A Qualifying Exigency is defined as any one of the following, provided that the

activity relates to the cover ed military member’s active duty or call to active duty status:

a. Short notice deployment to addr e s s issues that arise due to a covered military member being

notified of an impending call to active duty seven (7) or fewer calendar days prior to the date of

deployment.

b. Military events and activ ities, including official ceremonies.

c. Childcare and school activities for a child of the covered military member who is either under the

age of 18 or incapable of self-care.

d. Financial and legal arrangements to address the covered military member’s absence or to act as the

covered military member’s representative for purposes of obtaining, arranging, or appealing

military service benefits wh ile the covered military member is on active duty or call to active duty

status and for the ninety (90) days after the termination of the covered military member’s active

duty status.

e. Counseling (provided by someone other than a health care provider) for the employee, for the

covered military member, or for a child of the covered military member who is either under age 18

or incapable of self-care.

f. Rest and recupera tion (up to fifteen (15) days of leave for each instance) to spend time with a

covered military member who is on short-term, temporary rest and recuperation leave during

deployment.

g. Post-deployment activities to attend c eremonies s ponsored by the military for a period of ninety

(90) days following termination of the covered military member’s active duty and to address issues

that arise from the death of a covered military member while on active duty status.

h. Parental care for the parent of the military member when the parent is incapable of self-care.

i. Additional activities related to the covered military member’s active duty or call to activ e du ty

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.

3. Reduced Schedule or Intermittent Leave . Qualifying Exigency Leave may be taken on an intermittent or

reduced schedule basis.

4. Documentation and Certification. Employees may be required to provide a copy of the covered military

member’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.

5. Substitution of Paid Leave Benefits for Qualifying Exigency Leave. An employee 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 unpa id Qualifying

Exigency Leave.

6. Notice. The employee shall provide notice of the need for leave as soon as practicable, pursuant to Section

A.5., above.

J. 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 ter ms defined below:

a. 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

deploye d d uring a period of military confl ict.

b. Period of Military Conflict: Fo r purposes of Military Spouse/Domestic Partner Leave, a “period of

military conflict” is a period of war decla red 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 .

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

a. Be a spouse or domestic partner of a qualified member,

b. Perform services for the University for an average of twenty (20) or more hours per week,

c. 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

d. Submit written documentation c ertif ying that the qualified member will be on leav e from

deployment during the time that leave is being requested by the employee.

3. 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.

K. Work Incurred Illness and Injury Leave

An employee who is off pay status and receiving temporary disability payments under the Workers’
Compensation Act may be granted, at the discretion of the department head, a leave without pay for all or part of
the period during which such temporary disability payments are receive, except that an employee who also is

eligible for family and medical leave shall be granted leave pursuant to Section B, Family and Medical Leave.

L. 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 th e department’s disc retion, 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 affor ded other employe e s who a re la i d of f or terminated pursuant to the

provisions of Article 19, Layoff and Reduction in Time, Article 18, Discipline & Dismissal, and Article 6, Limited

Appointment.

M. Catastrophic Leave Donation Program

1. Employees are eligible to participate in the Catastrophic Leave Donation Program, as

recipients and donors, consiste nt 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.

N. Voluntary Civil Service Leave

1. An employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or

emergency rescue per sonnel generally may take unpa i d time off to perform emergency duty whe n require d. A n

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.

2. 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.

3. Employees may elect to substitute accrued vacation or compensatory time off for leave without pay.
4. Employees may be required to pr o vide documentati on of p a rticipat i on in emergenc y duties or tra ining.

O. Administrative Leaves

Eligible employees may be granted administ rative leave to participate in specif ied Un iversity 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 appo inted to a career position. Otherwise,
administrative leave granted for jury or witness duty shall be without pay.

2. University Proceedings. An employee may be granted leave with pay during regularly sche duled hours

of work to attend University meetings or functions as designate d by the Department Head. When an

employee is required to attend administra tive or legal proceedings on behalf of th e Univer s ity,

attendance is counted as time worked.

3. 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.

4. 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.

a. 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 his/her

supervisor and the c oordinator on the campus handling emergency response requests and

issues.

b. 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 pr oc edures , de pending 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 he/she is pa rt i c ipating in the emergency response efforts.

5. 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.

6. Leave for Blood Donation. An employee is eligible for an administrative leave w ith 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.