KM Unit – ART. 22: Leaves of Absence

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ARTICLE 22- LEAVES OF ABSENCE  

A. General Provisions 

In accordance with the provisions of this Article, Leaves of Absence,  with or without pay, may or will be approved by the University. 

  1. Non-medical leaves of absence include: certain types of Family  and Medical Leave (FML) taken for certain purposes (to care for  a family member with a serious health condition, Parental  Leave, Military Caregiver Leave, and Qualifying Exigency  Leave), as well as leave for jury duty, administrative or legal  proceedings, and personal leave taken for non-medical reasons.
  1. Medical Leaves include: FML taken for the employee’s own  serious health condition, Pregnancy Disability Leave, and  Disability Leave.

  2. FMLA is the federal Family and Medical Leave Act.

  3. CFRA is the California Family Rights Act, which is part of the California Fair Employment & Housing Act.

  4. PDLL is the California Pregnancy Disability Leave Law, which  is part of the California Fair Employment & Housing Act.

  5. If any state or federal laws applicable to the University and  relating to the subject matter of this Article are more generous  to employees than currently provided for in this Article, the  University will comply with the law. 

B. Benefit Eligibility 

  1. Approved leave without pay shall not be considered a break in  service. Except as provided for with regard to Pregnancy  Disability Leave and Family and Medical Leave (FML) (See  Sections G and H of this Article), an eligible employee on  approved leave without pay may elect to continue University sponsored benefit plans for the period of the leave by remitting  to the University the entire premium amount due for the period  of approved leave. Regulations of the retirement systems  determine the effects of leave without pay on retirement benefits.
  1. If an employee is on leave without pay for more than half of a  calendar month, sick leave, vacation, and seniority credit do not  accrue. 

C. Pay Status

  1. Periods on leave in a without-loss-of-straight-time pay status  shall be considered time worked.
  2. The provisions of Article 18 – Sick Leave, Article 17 – Vacations  and Article 33-Insurance and Retirement Benefits shall apply  when employees are on an approved leave without pay. 

 

D. Requests for Leave 

  1. Except as provided in Section H. Family and Medical Leave  (FML), requests for leaves of absence and extensions thereof,  both with and without pay, shall be submitted in writing. Such  requests shall be submitted sufficiently in advance of the  requested leave date to provide the University time to assess the  operational impact of granting the request.

  2. All requests for leaves(s) of absence shall contain the requested  beginning date, end date and any additional information as

E. Return to Work 

  1. Except as provided in Section G. Pregnancy Disability Leave,  and Section H., Family and Medical Leave (FML), an employee  who has been granted an approved leave with or without pay  shall be returned to the same or a similar position in the same  department/division when the duration of the leave is six  calendar months or less, or 12 months, if extended. If the  position held has been abolished or affected by layoff during the  leave, the employee shall be afforded the same considerations  which would have been afforded had that employee been  actively working rather than on leave when the position was  abolished or affected by layoff. The date of return to work is  determined when the leave is granted.

  2. An employee who has exhausted their original leave entitlement  and who has been granted additional leave under another section  of this Article shall be reinstated in accordance with the  provisions of the section of this Article under which the  additional leave was granted.

  3. An employee shall not be granted a leave of absence beyond the  ending date of the employee’s appointment or predetermined  date of separation.

  4. An employee who fails to return to work from a leave of absence  on the approved anticipated date of return or any approved  extension shall be considered to have abandoned their job. Such  absences shall be handled in accordance with Article 23-  Resignation & Job Abandonment.

F. Personal Leave of Absence Without Pay 

  1. An employee in a career position may be granted a personal  leave for the employee’s convenience, subject to the operational  needs and requirements of the University. In special situations,  a personal leave for temporary employment outside the  University may be approved provided that the outside work is in  the interest of public service and/or will be beneficial to the  University upon the employee’s return.

  2. A personal leave may also be granted for extended illness or to  care for a newborn or newly-adopted child to career employees  who are ineligible for FML or who are eligible for FML but have  exhausted their FML entitlement. While this leave is unpaid, an  employee may use accrued sick leave when the leave is for the  employee’s extended illness and may use accrued vacation  and/or compensatory time off (CTO) when such leave is for any  of the designated purposes. The leave shall be requested at least  thirty (30) days in advance, if possible. The date of return is  determined when the leave is granted. Extensions, if any, may  be granted in accordance with this Article.

  3. A department head may approve a personal leave for a period  not in excess of six (6) months. The Chancellor, upon  recommendation of a department head, may approve extension  of a personal leave for a total leave of normally not more than twelve (12) months

G. Pregnancy Disability Leave 

  1. A female employee disabled because of pregnancy, childbirth,  or a related medical condition is entitled to take Pregnancy  Disability Leave in accordance with the provisions of this  Article. Pregnancy Disability Leave may also be used for  prenatal care.

  2. For an employee disabled by pregnancy, childbirth, or a related  medical condition, no eligibility requirements apply, such as  minimum hours worked or length of service.

  3. Pregnancy Disability Leave may be taken as a block leave or,  when medically advisable, on an intermittent or reduced  schedule basis. Only the amount of leave time actually taken  may be counted against the employee’s Pregnancy Disability  Leave entitlement.

  4. An employee on Pregnancy Disability Leave may elect to use  accrued sick leave, accrued vacation leave, and/or compensatory  time off during her Pregnancy Disability Leave rather than  taking that leave without pay

  5. The employee shall provide reasonable advance notice of the  need for Pregnancy Disability Leave, preferably thirty (30) days  in advance, if possible. 
  1. Duration:
    1. An employee is entitled to Pregnancy Disability Leave for  the period of actual disability up to four months per  pregnancy. If an employee continues to be disabled by  pregnancy, childbirth, or a related medical condition for  longer than four months, a personal leave of absence may  be granted, for a total leave of absence not to exceed six  months, unless otherwise required by law.
    2. If an employee on an approved Pregnancy Disability Leave  is also eligible for FML under the federal Family and  Medical Leave Act (FMLA), up to 12 workweeks of such  leave shall run concurrently under the FMLA and  California’s Pregnancy Disability Leave Law (PDLL) and  would therefore be counted against the employee’s  entitlement under both the FMLA and the PDLL
    3. Following Pregnancy Disability Leave, an employee may  be eligible for Parental Leave, pursuant to Section H.5.,  below, to bond with her newborn child. When Parental  Leave is granted under Section H. Family and Medical  Leave (FML), the total FML taken for a combination of  Pregnancy Disability Leave and Parental Leave shall not  exceed seven (7) months in a calendar year.
  1. Transfer and other Reasonable Accommodations as 

Alternatives to or in Addition to Pregnancy Disability Leave 

  1. Transfer at the Request of the Employee. The University  shall temporarily transfer a pregnant employee to a less  strenuous or hazardous position upon the request of the  employee when such transfer is medically advisable  according to the employee’s health care provider, if the  transfer can be reasonably accommodated. For the purpose  of this section, a temporary transfer includes a temporary modification of the employee’s own position to make it less  strenuous or hazardous. A temporary transfer under this  section is considered time worked and shall not be counted  toward an employee’s entitlement of up to four months of  Pregnancy Disability Leave, unless the employee is also  taking leave on an intermittent or reduced schedule basis.  When the employee’s health care provider certifies that the  transfer is no longer medically advisable, the University  shall return the employee to her same position or a  comparable position in accordance with Section G.9.,  below.
  2. Transfer to Reasonably Accommodate Employee’s Need  for Intermittent or Reduced Schedule Leave. When the  employee’s health care provider states in a medical  certification that it is medically advisable for the employee  to take Pregnancy Disability Leave on an intermittent or  reduced schedule basis, the University may, at its sole non grievable discretion, transfer the employee temporarily to  an available alternative position that meets the needs of the  employee, provided the employee meets the qualifications  of the alternative position. Any alternative position shall  have the equivalent rate of pay and benefits, and shall better  accommodate the employee’s leave requirements than her  regular position. Only the time actually spent on the  intermittent or reduced schedule shall be counted towards  the employee’s entitlement of four (4) months of Pregnancy  Disability Leave per pregnancy. When the employee’s  health care provider certifies that the intermittent or reduced  schedule leave is no longer medically advisable, the  University shall return the employee to her same position or  a comparable position in accordance with Section G.9.,  below.
  3. Other Reasonable Accommodations. If the employee’s  health care provider certifies that reasonable  accommodation(s) other than transfer and/or leave on an  intermittent or reduced schedule basis are medically  advisable, the University shall engage in the interactive  process with the employee to identify and implement the  reasonable accommodation(s) that are appropriate under the  circumstances. 
  1. Certification
    1. When an employee requests a reasonable accommodation,  transfer or leave due to pregnancy, childbirth, or a related  medical condition, the University may, in its sole non grievable discretion, require that the employee’s request be  supported by a medical certification issued by the  employee’s health care provider.
    2. When a medical certification is requested in connection with the employee’s request for reasonable accommodation or  transfer, it shall contain the following: (1) a description of  the requested accommodation or transfer, (2) a statement  describing the medical advisability of the requested  reasonable accommodation or transfer, and (3) the date on  which the need for reasonable accommodation or transfer  became or will become medically advisable and the  estimated duration of the need for the reasonable  accommodation or transfer.
    3. When a medical certification is required in connection with  an employee’s request for leave, it shall contain: (1) a  statement that the employee needs to take Pregnancy  Disability Leave because she is disabled by pregnancy,  childbirth, or a related medical condition, and (2) the date  on which the employee became disabled because of  pregnancy and the estimated duration of the need for leave.
    4. Failure to provide certification for reasonable  accommodation, transfer, or leave within the requested time  period or as soon as reasonably possible under the  circumstances may result in delay of the leave until the  required certification is provided.
    5. The University may, at its sole non-grievable discretion,  require that an employee returning to work immediately  from Pregnancy Disability Leave provide a written release  prior to returning to work.
    6. Return to Work After Pregnancy Disability Leave
      1. The date of reinstatement from the Pregnancy Disability  Leave is typically determined by agreement between the University and the employee when the leave is granted. If  the actual reinstatement date differs from the original  agreement or no agreement was made and the employee is  returning directly from Pregnancy Disability Leave, the  University shall reinstate the employee within two (2)  business days or, when two (2) business days is not feasible,  as soon as possible after the employee notifies the  University of her readiness to return.
      2. If the employee is returning to work directly following the  end of the Pregnancy Disability Leave, she shall not be  reinstated from her Pregnancy Disability Leave until a  medical release certification is provided to the University  within the time limits specified by the Department. A  medical release certification shall include a statement by the  employee’s health care provider regarding the employee’s  ability to perform the essential functions of the position,  with or without reasonable accommodation.
      3. An employee who has been granted a temporary transfer  and/or Pregnancy Disability Leave shall be returned to the  same position, provided the employee returns to work  immediately upon termination of the Pregnancy Disability  Leave and provided such return is within four months of the  date on which the Pregnancy Disability Leave commenced.  If the same job has been abolished or affected by layoff, the  employee shall be reinstated to a comparable position if the  employee would have been entitled to the comparable  position if she had been continuously working. If a  comparable position is not available on the employee’s  scheduled date of reinstatement but a comparable position  or positions become available within sixty (60) days  thereafter, the University shall notify the employee of the position(s). If the employee is reinstated within the sixty day (60-day) period, the period between the employee’s  originally scheduled date of reinstatement and her actual  reinstatement shall not be counted for purposes of any  employee pay or benefits. An employee who is also granted  Parental Leave shall be returned to work after that leave in  accordance with Section H.1.h. of this Article.
  1. Continuation of Health Benefits 

A benefits-eligible employee on Pregnancy Disability Leave  shall be entitled to continue in health plan coverage (medical, dental, and vision) as set forth in Section H.1.g.4., below,  whether or not the Pregnancy Disability Leave also qualifies as  FML under the FMLA. 

H. Family and Medical Leave (FML) 

In employee who is eligible for Family and Medical Leave (FML)  and has not exhausted their FML entitlement for the leave year, as  discussed below, may take FML for any of the following six reasons,  as described in greater detail in this Section below: 

  • Due to the employee’s own serious health condition 

(Section H.2.) 

  • To care for a family member with a serious health condition  (Section H.3.) 
  • As Pregnancy Disability Leave (Section H.4.) 
  • As Parental Leave (Section B.5.) 
  • As Military Caregiver Leave (Section H.6.) 
  • As Qualifying Exigency Leave (Section H.7.) 

FML is unpaid leave, except as otherwise provided in Section H.1.f., below. 

  1. General Provisions for FML

    1. Definitions 

1) CHILD means a biological child, adopted child, foster  child, stepchild, legal ward, or child for whom the employee  stands in loco parentis, provided that the child is either  under 18 years of age or incapable of self-care because of a  mental or physical disability. 

2) PARENT means a biological parent, foster parent,  adoptive parent, stepparent, legal guardian or  individual who stood in loco parentis to the employee  when the employee was a child. PARENT does not  include the employee’s grandparents or mother-in-law  or father-in-law unless they stood in loco parentis to the  employee when the employee was a child. 

3) SPOUSE means a partner in marriage. 

4) A SERIOUS HEALTH CONDITION is an illness,  injury (including, but not limited to, on-the-job  injuries), impairment, or physical or mental condition  that involves either inpatient care or continuing  treatment, including, but not limited to, treatment for  substance abuse. 

  1. a) “Inpatient care” means a stay in a hospital, hospice,  or residential health care facility, any subsequent

treatment in connection with such inpatient care,  or any period of incapacity. A person is considered  an “inpatient” when a health care facility formally  admits 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. b) “Incapacity” means the inability to work, attend  school, or perform other regular daily activities  due to a serious health condition, its treatment, or  the recovery that it requires.
  1. c) “Continuing treatment” means ongoing medical  treatment or supervision by a health care provider,  as defined below.

5) A HEALTH CARE PROVIDER is an individual who  is licensed in California or is duly licensed in another  State or jurisdiction, to hold either a physician’s and  surgeon’s certificate or an osteopathic physician’s and  surgeon’s certificate, or who is duly licensed as a  podiatrist, dentist, clinical psychologist, optometrist,  chiropractor (limited to the treatment of the spine to  correct a subluxation as demonstrated by x- ray to  exist), physician assistant, nurse practitioner or nurse  mid-wife performing within the scope of their duties as  defined under State law, a Christian Science  practitioner, or any health care provider that the  employee’s health plan carrier recognizes for purposes  of payment.

 6) “1,250 HOURS OF ACTUAL SERVICE” means time  actually spent at work and does not include any paid  time off including but not limited to an employee’s use  of accrued vacation, compensatory time, or sick leave,  nor does it include time paid for holidays not worked  or time spent in unrestricted on-call status. 

b. Eligibility Criteria And Duration 

1) Employees who have at least twelve (12) cumulative  months of University service and have worked at least 1,250 hours of actual service during the 12-month  period immediately preceding the commencement of  the leave, are eligible for and shall be granted FML. For  purposes of this Article and this Section H only, all  prior University service, including service with the  Department of Energy Laboratories, shall be used to  calculate the 12-month service requirement. For an employee granted military leave, all hours that would  have been worked had the employee not been ordered  to military duty shall be used to calculate the 1,250  hours of actual service requirement. 

2) FML shall not exceed twelve (12) workweeks in any  calendar year except when it is used for Pregnancy  Disability Leave or Military Caregiver Leave. If the  employee is taking Pregnancy Disability Leave, the  employee shall be eligible for leave for the period of  actual disability up to four (4) months per pregnancy.  If the employee is taking FML for Military Caregiver  Leave, the employee shall be eligible for up to twenty six (26) workweeks of leave in a single 12-month leave  period. 

  1. a) For the purposes of FML only, twelve (12)  workweeks is equivalent to four- hundred eighty  (480) hours of scheduled work for full-time career  and floater employees who are normally scheduled  for an eight (8) hours per day five (5) days per  workweek (8/40) schedule.
  1. b) HOURLY CONVERSION FOR PART-TIME OR  ALTERNATIVELY SCHEDULED  EMPLOYEES. For employees who work part time or a schedule other than an 8/40, the number  of FML hours to which the employee is eligible  shall be adjusted in accordance with their normal  weekly work schedule. An employee whose  schedule varies from week to week is eligible for  a pro-rated amount of FML based on their hours  worked over the previous twelve (12) months  preceding the leave.

3) Any leave taken by an eligible employee that qualifies  as FML (including leave for a Work-Incurred Injury or  

Illness under Article 19) will be designated as such by  the University 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). 

4) EMPLOYEE REQUESTS FOR REDUCED WORK  SCHEDULES. When medically necessary and  supported by medical certification, the University shall grant an eligible employee’s request for a reduced work  schedule or intermittent leave including absences of  less than one (1) day. When granted, the University will  count only the time actually spent on the intermittent  leave or reduced work schedule towards the employee’s  FML entitlement. 

5) ALTERNATE ASSIGNMENTS TO  ACCOMMODATE INTERMITTENT LEAVE OR  

REDUCED WORK SCHEDULE. When the employee  requests an intermittent leave or a reduced work  schedule because the employee is undergoing planned  medical treatment for their serious health condition or  because the employee’s family member is undergoing  planned medical treatment for a serious health  condition, the University may, at its sole non- grievable  discretion, require the employee to transfer temporarily  to an available alternate position for which the  employee is qualified and which better accommodates  the employee’s recurring period of leave. Such transfer  shall have equivalent pay and terms and conditions of  employment, but does not need to have equivalent  duties. 

6) If the employee has exhausted their entitlement to FML,  the employee may apply for additional leave pursuant  to this Article.

c. Notice 

1) If the employee learns of the event giving rise to the  need for leave more than thirty (30) days in advance of  the leave’s anticipated initiation date, the employee  shall provide the University at least thirty (30) days’  notice of the need for leave. 

2) If the need for the leave is foreseeable due to a planned  medical treatment of the employee (due to the  

employee’s serious health condition or pregnancy  disability) or the planned medical treatment of the  employee’s family member with a serious health  condition, the employee shall make reasonable efforts  to schedule the treatment so as to not unduly disrupt the  University’s operations. 

3) If the need for leave is unforeseeable or actually occurs  prior to the anticipated date of foreseeable leave, the  

employee shall provide the University with as much  advance notice as is practicable, and, at a minimum,  notify the University within five (5) calendar days after  learning of the need for leave. 

4) An employee who fails to give thirty (30) days’ notice  for a foreseeable leave, with no reasonable basis for the  delay, may have the FML delayed until thirty (30) days  after the date on which the employee provides notice. 

d. Certification and Other Supporting Documentation 

1) CERTIFICATION WHEN FML IS TAKEN FOR  THE EMPLOYEE’S OWN SERIOUS HEALTH  CONDITION. When FML is requested for the  employee’s own serious health condition, the  University may, at its discretion, require that an  employee’s request for leave be supported by a written  certification issued to the University by the employee’s  health care provider. The certification may be provided  by the employee on a form given to the employee by  the University and shall, regardless of the format in  which it is provided, include the following: 

  1. a) Certification that the employee has a serious health  condition as defined in Section H.1.a.4., above;  and
  2. b) A statement as to whether the employee is unable  to perform any one or more of the essential  assigned functions of the position; and
  1. c) The date on which the employee’s serious health  condition began, if known, the probable duration

of the condition, and the employee’s probable date  of return to work; and 

  1. d) Whether it will be medically necessary for the  employee to take leave intermittently or to work  on a reduced work schedule and, if so, the probable  duration of such schedule; and
  1. e) If the condition will result in periodic episodes of  incapacity, an estimate of the duration and  frequency of episodes of incapacity.

2) QUESTIONED MEDICAL CERTIFICATIONS. 

Should the University have a good faith, objective  reason to doubt the validity of the employee’s medical  

certification for their own serious health condition, the  University may, at its sole non-grievable discretion,  require the employee to obtain a second medical  opinion from a second health care provider selected by  the University. Should the second medical opinion  differ from the opinion of the employee’s own health  care provider, the University may, at its sole non grievable discretion, require a third medical opinion  from a third health care provider jointly approved by  the University and the employee. The University shall  bear the cost of the second and third opinions, and the  third opinion shall be final. If a second or third opinion  is sought, the University shall provide the employee  with a copy of the opinion at no cost to the employee,  upon request. 

3) ADDITIONAL CERTIFICATION AND/OR  RECERTIFICATION. If additional leave is requested  or should the circumstances of the leave change, the  University may, at its sole non-grievable discretion,  require the employee to obtain recertification. Such  requests for subsequent certification and/or  recertification shall be in writing. 

  1. a) If certification and/or recertification is required, the  employee shall return the certification within  fifteen (15) calendar days of the University’s  request, where practicable.
  1. b) Failure to provide certification and/or recertification  for a foreseeable leave within the requested time  may result in denial of the leave until the required  certification is received. Failure to provide  certification for an unforeseeable leave within the  requested time period may result in discontinuance  of the leave until the required certification is  provided.

4) FAILURE TO PROVIDE COMPLETE  CERTIFICATION AND/OR RECERTIFICATION. If  the employee fails to provide a completed certification  and/or recertification, the employee shall be given at  least fifteen (15) calendar days to perfect the  certification and/or recertification. Failure to perfect an  incomplete certification and/or recertification may  result in delay of the leave or discontinuance of the  leave until the required certification and/or  recertification is provided. If the employee fails to  provide a complete certification and/or recertification,  the leave is not FML and will be denied. 

5) CERTIFICATION WHEN LEAVE IS TAKEN TO  CARE FOR THE EMPLOYEE’S FAMILY MEMBER  

WITH A SERIOUS HEALTH CONDITION. When  FML is requested so that the employee may care for a  family member with a serious health condition, the  University may, at its discretion, require that an  employee’s request for leave be supported by a written  certification issued to the University by the family  member’s health care provider. When the University  requires certification, the University shall inform the  employee in writing. The certification may be provided  by the employee on a form given to the employee by  the University and shall, regardless of the format in  which it is provided, include the following: 

  1. a) Certification that the family member has a serious  health condition as defined in Section H.1.a.4.,

above; and 

  1. b) A statement that the serious health condition  warrants the participation of the employee to  provide supervision or care (which includes  psychological comfort) during a period of the  family member’s treatment or incapacity; and
  1. c) Whether the employee’s family member will need  supervision or care over a continuous period of  time, intermittently, or on a reduced schedule  basis; the leave schedule the employee will need in  order to provide that care; and the probable  duration of that need for leave; and
  2. d) In addition, the employee will be required to certify  either on the same form or separately the estimated  duration of the period during which the employee  will be providing care to the family member.

6) CERTIFICATION WHEN FML IS TAKEN AS  PREGNANCY DISABILITY LEAVE. When FML is  taken as Pregnancy Disability Leave, the employee  may be required to provide a certification in accordance  with Section G.8., above; 

7) CERTIFICATION WHEN FML IS TAKEN FOR  MILITARY CAREGIVER LEAVE. When Military  Caregiver Leave is requested, the employee may be  required to provide a certification completed by an  authorized health care provider of the covered  servicemember, which includes health care providers  affiliated with the Department of Defense, the Veterans  Administration, and TRICARE, as well as any other  health care provider (as defined in Section H.1.a.5.,  above) who is treating the covered servicemember. The  certification shall provide information sufficient to  establish entitlement to Military Caregiver Leave,  including information establishing that the  servicemember is a covered servicemember for  purposes of Military Caregiver Leave and that they have a covered relationship with the employee, as well  as an estimate of the leave needed to provide the care.  When the covered servicemember is a covered veteran,  the employee may be required to provide information  establishing their veteran status, the date of separation  from the Armed Forces, and that separation was other  than honorable. 

8) CERTIFICATION WHEN FML IS TAKEN FOR  QUALIFYING EXIGENCE LEAVE. When  Qualifying Exigency Leave is requested, an employee  may be required to provide a copy of the military  member’s active duty orders. Employees may also be  required to provide certification of: (1) the reasons for  requesting Qualifying Exigency Leave, (2) the  beginning and end dates of the qualifying exigency,  and (3) other relevant information. 

9) CONFIRMATION OF FAMILY RELATIONSHIP. The University may, at its sole, non-grievable  discretion, require that an employee complete a  Declaration of Relationship form to certify their  relationship with the family member when the  employee is requesting FML to care for a family  member with a serious health condition or to certify  their relationship with the child when the employee is  requesting FML as Parental Leave. The employee’s  failure to provide a completed Declaration of  Relationship form within fifteen (15) calendar days of  the University’s written request may, at the sole non grievable discretion of the University, result in  discontinuance of the leave until the required  documentation is provided or, if the leave has not yet  begun, a delay in the start of the leave. If the employee  fails to provide the completed Declaration of  Relationship form within a reasonable period of time as  requested, FML leave will be denied.

e. Return from FML Taken for Employee’s Own Serious Health Condition 

1) The employee shall provide their employing  department reasonable notice of their anticipated return  to work. An employee who has been granted FML for their serious health condition must provide a written medical  release to return to work prior to returning to work. 

2) The employee who has been medically released to  perform the essential assigned functions of their job  shall be returned in accordance with the provisions of  Section H.1.h., below. 

3) Failure to provide a medical release to return to work  may result in the delay of reinstatement until the  employee submits the required medical release  certification. 

 

f. Use of Accrued Paid Leave 

1) FML is unpaid, except for the use of accrued sick leave  and/or the use of accrued vacation, as provided in this  Article. 

2) An employee on FML to care for a family member with  a serious health condition or taking FML as Military  Caregiver Leave may elect to use accrued vacation time  and/or CTO before taking FML without pay. If the  employee’s vacation leave accrual is at maximum, the  employee will be required to use at least 10 percent of  the vacation leave credit prior to taking FML without  pay. The employee may also elect to use up to thirty  (30) days of accrued sick leave per calendar year during  FML taken for these reasons. 

3) An employee taking FML as Parental Leave may elect  to use accrued vacation time and/or CTO before taking  FML without pay. If the employee’s vacation leave  accrual is at maximum, the employee will be required  to use at least 10 percent of the vacation leave credit  prior to taking FML without pay. 

4) An employee on leave for their own serious health  condition shall use accrued sick leave in accordance  with the University’s disability plan or as provided  under Article 19 – Work-Incurred Injury or Illness.  Employees not eligible for University disability  benefits who are not on leave due to a work-incurred  illness or injury shall use all accrued sick leave prior to  taking FML without pay. An employee may elect to use  accrued vacation and/or CTO before taking FML  without pay. However, if the employee’s vacation leave  accrual is at maximum, the employee will be required  to use at least 10 percent of the vacation leave credit  prior to taking FML without pay. 

5) An employee taking FML as Pregnancy Disability  Leave may elect to use accrued sick leave, accrued  vacation leave and/or CTO before taking FML without  pay. 

6) An employee taking FML as Qualifying Exigency  Leave may elect to use accrued vacation and/or CTO  before taking FML without pay. 

g. Continuation of Health Benefits 

An eligible employee who is on an approved FML Leave  shall be entitled to continue participation in health plan  coverage (medical, dental, and vision) as follows: 

(1) When the employee is on FML that runs concurrently  under the FMLA and CFRA: Continued coverage for  up to twelve (12) workweeks in a calendar year. 

(2) When the employee is on FML as Military Caregiver  Leave under the FMLA: Continued coverage for up to  twenty-six (26) workweeks in a single 12-month leave  period. For purposes of Military Caregiver Leave, the  “single 12-month leave period” is the period beginning  on the first day the employee takes the leave and ending  twelve (12) months after that date. 

(3) When the employee is on FML as Qualifying Exigency  Leave under the FMLA: Continued coverage for up to  twelve (12) workweeks in a calendar year. 

(4) When the employee is on a Pregnancy Disability Leave  under the California Pregnancy Disability Leave Law,  regardless of whether any of the leave runs  concurrently under the FMLA: Continued coverage for  up to four (4) months per pregnancy. If any of the  Pregnancy Disability Leave runs concurrently under  the FMLA, the continued coverage provided for that  portion of the leave will count towards the employee’s  FMLA entitlement for up to twelve (12) workweeks of  such coverage in a calendar year. 

(5) When the employee is on FML under the CFRA that  does not run concurrently under the FMLA (e.g.,  Parental Leave after an employee’s FMLA entitlement  has been exhausted): Continued coverage for up to  twelve (12) workweeks in a calendar year. 

h. Return to Work 

When an employee has been granted an approved FML  Leave for any purpose other than Pregnancy Disability  Leave and returns within twelve (12) workweeks of the  initiation of the leave (or within twenty-six (26) workweeks  if the FML was taken for Military Caregiver Leave), the  employee shall be reinstated to the same or an equivalent  position upon expiration of the leave. For an employee’s  return to work rights after Pregnancy Disability Leave, see  Section G.9., above. If the position has been abolished or  otherwise affected by layoff and an equivalent position is  not available, the employee shall be afforded the same  considerations that would have been afforded had the  employee been working rather than on leave when the  position was abolished or affected by layoff. No employee  with a predetermined appointment end date or  predetermined date of separation shall be granted a leave of  absence beyond their appointment end date or the  predetermined date of separation. An employee who has  been granted FML for their own serious health condition  shall be required by the University to provide a written  medical release to return to work prior to their return to  work, as set forth in Section H.1.e., above. 

i. Review of Denials or Deferrals of Family Care Leave Requests 

If an employee’s request for FML is denied, deferred, or otherwise  provided short of the employee’s initial request, such University  action may, upon the employee’s written request, be reviewed by the  Department Head. 

  1. FML for Employee’s Serious Health Condition 

FML for the employee’s own serious health condition is leave  taken when the employee’s own “serious health condition,” as  defined in Section H.1.a.4., above, renders the employee unable  to perform any one or more of the essential functions of the  employee’s position. 

  1. FML to Care for Employee’s Family Member with a Serious Health Condition 

FML to care for a family member with a serious health condition  is leave to care for the employee’s child, parent, spouse or same  or opposite sex domestic partner who has a “serious health  condition,” as defined in Section H.1.a.4., above. 

  1. FML as Pregnancy Disability Leave 

When an employee who takes Pregnancy Disability Leave  pursuant to Section G., above, is eligible for FML under the  FMLA, her Pregnancy Disability Leave will be counted against  her FML entitlement under the FMLA as well as her Pregnancy  Disability Leave entitlement under the PDLL. 

  1. FML as Parental Leave

    1. FML as Parental Leave is leave taken to bond with the  employee’s newborn or a child placed with the employee for  adoption or foster care or to attend to matters related to the  birth, adoption, or placement of the child. Such leave must  be initiated and concluded within one (1) year of the birth  or placement of the child. The University shall grant  Parental Leave subject to the limitations described below.

    2. ELIGIBILTY. An employee taking Parental Leave must  meet the eligibility requirements for FML set forth in  Section H.1.b.1., above, except when the employee is taking  Parental Leave immediately following an FML taken as  Pregnancy Disability Leave. In those circumstances, an  employee who was eligible for FML under the FMLA at the  beginning of her Pregnancy Disability Leave shall be granted a Parental Leave under CFRA for up to twelve (12)  workweeks after her Pregnancy Disability Leave, provided  that she has not exhausted her FML entitlement under  CFRA for that leave year.
  1. REQUESTS FOR PARENTAL LEAVE. The employee  shall request Parental Leave sufficiently in advance of the  expected birth date of the child or placement of a child for  adoption or foster care to allow the University to plan for  the absence of the employee, but the employee shall not be  required to provide more than thirty (30) days advance  notice. The anticipated date of return from Parental Leave  shall be set at the time such leave commences, or if  requested in conjunction with Pregnancy Disability Leave  under the FMLA, shall be set at the time such Pregnancy  Disability Leave commences. Parental Leave, when taken  for adoption or foster care, could commence prior to the  date of placement.
  2. DURATION. Parental Leave, alone, shall not exceed twelve  (12) workweeks within a calendar year as set forth in  Section H.1.b.2., above. However, when Parental Leave is  combined with a Pregnancy Disability Leave under the  FMLA, the total FML Leave shall not exceed seven (7)  months in a calendar year.

1) An employee on parental leave may elect to use  accrued vacation and/or CTO prior to taking leave  without pay. If the employee’s vacation leave accrual is  at maximum, the employee will be required to use at  least 10 percent of the vacation leave credit prior to  taking FML without pay. 

2) The University shall grant a Parental Leave of less than  two (2) weeks duration on any two (2) occasions during  a calendar year. 

3) The University, at its sole non-grievable discretion, may  require that any additional Parental Leave requested  during this same time period be for a minimum  duration of two (2) weeks, unless otherwise required by  law. 

 

  1. FML as Military Caregiver Leave 

An eligible employee may take Military Caregiver Leave to care  for a family member who is a “covered servicemember”  undergoing medical treatment, recuperation or therapy for a  serious injury or illness incurred in the line of duty, consistent  with the definitions of those terms in Section H.6.b., below. 

  1. Eligibility Criteria and Duration – An eligible employee is  entitled to up to twenty-six (26) workweeks of Military  Caregiver Leave during a single 12-month leave period.  The employee must be a spouse, domestic partner, parent,  son, daughter or next of kin of the covered servicemember  to be eligible for this type of leave and must meet the  eligibility requirements for FML set forth in Section  H.1.b.1., above. 
  2. Definitions Specific to Military Caregiver Leave 

1) “Covered servicemember” means 

  1. a) a current member of the regular Armed Forces  (including a member of the National Guard or  Reserves) who, because of a “serious injury or  illness,” is undergoing medical treatment,  recuperation, or therapy; is otherwise in outpatient  status; or is on the temporary disability retired list  or
  1. b) a covered veteran who is undergoing medical  treatment, recuperation, or therapy for a “serious  injury or illness.”

2) “Covered veteran” means an individual who was a  member of the Armed Forces (including a member of  the National Guard or Reserves) who was discharged  or released under conditions other than dishonorable at  any time during the five-year period prior to the first  date the eligible employee takes Military Caregiver  Leave to care for a covered veteran. 

 

3 ) “Outpatient status” means the status of a servicemember  assigned to (1) a military medical treatment facility as  an outpatient; or (2) a unit established for the purpose  of providing command and control of members of the  Armed Forces receiving medical care as outpatients. 

4) “Serious injury or illness” means 

  1. a) For a current member of the Armed Forces  (including a member of the National Guard or  Reserves): an injury or illness that was incurred by  the covered servicemember in the line of duty on  active duty in the Armed Forces or that existed  before the beginning of the covered  servicemember’s active duty and was aggravated  by service in the line of duty on active duty in the  Armed Forces and that may render the covered  servicemember medically unfit to perform the  duties of their office, grade, rank, or rating;
  1. b) For a covered veteran: an injury or illness that was  incurred by the covered veteran in the line of duty  on active duty in the Armed Forces (or existed  before the beginning of the member’s active duty  and was aggravated by service in the line of duty  on active duty in the Armed Forces) and  manifested itself before or after the member  became a veteran.

5) “Parent of a covered servicemember” means a covered  servicemember’s biological, adopted, step, or foster  parent or any other individual who stood in loco parentis to the covered servicemember. The term does  not include parents “in-law.” 

6) “Son or daughter of a covered servicemember” means  the covered servicemember’s biological, adopted, or  foster child, stepchild, legal ward, or a child for whom  the covered servicemember stood in loco parentis, and  who is of any age. 

7) “Next of kin” means (a) the nearest blood relative of the  covered servicemember (other than the covered  servicemember’s spouse, domestic partner, parent, son or daughter) or (b) the person who the covered  servicemember has designated in writing as their nearest blood relative for purposes of Military  Caregiver Leave. 

8) “Single 12-month leave period” means the period  beginning on the first day the employee takes leave to  care for the covered servicemember and ends 12  months after that date. (This leave period differs from  the calendar year definition of the leave year used for  determining eligibility for other types of FML at the  University.) 

c. Leave Entitlement 

1) Leave is applied on a per-covered servicemember, per injury basis. Eligible employees may take more than  one period of 26 workweeks of leave if the leave is to  care for a different covered servicemember or to care  for the same servicemember with a subsequent serious  injury or illness, except that no more than 26  workweeks of leave may be taken within any “single 12-month period.” 

2) 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 workweek  entitlement to care for the covered servicemember for  that serious injury or illness is forfeited. 

3) As with other types of FML, this leave may also be  taken on an intermittent or reduced schedule basis. If  the need for intermittent or reduced schedule leave is  foreseeable based on the planned medical treatment of  the covered servicemember, the employee may be  required to transfer temporarily, during the period that  the intermittent or reduced leave schedule is required, to an available alternative position for which the  employee is qualified and which better accommodates  recurring periods of leave than does the employee’s  regular position.

7.  FML as Qualifying Exigency Leave 

An eligible employee who is the spouse, domestic partner, son,  daughter or parent of a military member may take Qualifying  Exigency Leave to attend to any “qualifying exigency” while the  military member is on “covered activity duty or call to covered  active duty status” (or has been notified of an impending call or  order to covered active duty). 

  1. Eligibility 

An employee who is the spouse, domestic partner, son,  daughter, or parent of a military member is eligible for  Qualifying Exigency Leave if the employee meets the  eligibility requirements for FML set forth in Section  

H.1.b.1., above. 

  1. Definitions Specific to Qualifying Exigency Leave 1) “Covered active duty or call to covered active duty  status” means (1) in the case of a member of the regular  Armed Forces, duty during the deployment to a foreign  country or (2) in the case of a member of the Armed  Forces Reserve, duty during the deployment to a  foreign country under a Federal call or order to active  duty in support of a contingency operation as defined  by the FMLA.

2) “Qualifying exigency” is defined as any one of the  following, provided that the activity relates to the  military member’s covered active duty or call to  covered active duty status: 

  1. a) Short notice deployment to address issues that arise  due to a military member being notified of an  impending call to covered active duty seven (7) or  fewer calendar days prior to the date of  deployment.
  1. b) Military events and activities, including official  ceremonies.
  1. c) Childcare and school activities for a child of a  military member who is either under age 18 or  incapable of self-care.
  1. d) Financial and legal arrangements to address the  military member’s absence or to act as the military  member’s representative for purposes of obtaining,  arranging, or appealing military service benefits  while the military member is on covered active  duty or call to covered active duty status and for  the ninety (90) days after the termination of the  military member’s covered active duty status.
  1. e) Counseling (provided by someone other than a  health care provider) for the employee, for the  military member, or for the child of the military  member who is either under age 18 or incapable of  self-care.
  1. f) Rest and recuperation (up to fifteen (15) days of  leave for each instance) to spend time with a  military member who is on short-term, temporary  rest and recuperation leave during deployment.
  1. g) Post-deployment activities to attend ceremonies  sponsored by the military for a period of ninety  (90) days following termination of the military  member’s covered active duty and to address  issues that arise from the death of a military  member while on covered active duty status.

 

  1. h) Additional activities related to the military  member’s covered active duty or call to covered  active duty status when the employer and  employee agree that such activity qualifies as an  exigency and agree to both the timing and duration  of the leave.
  1. Leave Entitlement Eligible employees are entitled to up to twelve (12)  workweeks of Qualifying Exigency Leave during a  calendar year. As with other FML Leaves, Qualifying Exigency Leave  also may be taken on an intermittent or reduced schedule  basis.

I. Disability Leaves other than Pregnancy Disability Leave 

A disability leave of absence with or without pay is a leave due to  non-work related illnesses or injuries. An eligible career employee  shall be granted leave from work for medical reasons. This leave  includes the combined use of accrued sick leave and the disability  leave of absence without pay in accordance with the provisions of  this article and Article 18-Sick Leave. 

  1. Eligibility – An employee may be eligible for a disability leave  of absence with or without pay when the employee has  exhausted their twelve (12) workweek FML entitlement in a  calendar year, or the employee is not otherwise eligible for  FML, or the employee has exhausted her four (4) month  entitlement under the Pregnancy Disability Leave Law, and the  employee:

  2. Is medically incapable of performing the essential assigned  functions of their job due to a non-work related illness or  injury; and
    1. Has furnished evidence of disability satisfactory to the University.
    2. Duration –
    3. When the use of accrued sick leave and a disability leave of  absence without pay are combined, a disability leave may  be granted by the University for a total period of verified  disability not to exceed six (6) months.
    4. An employee granted a disability leave who is also applying  for University disability for non-work related disability  purposes shall use all accrued sick leave in accordance with  the University’s disability plan prior to taking leave without  pay.
    5. In the event that the employee’s accrued sick leave is greater  than six (6) months, a disability leave of absence without  pay in addition to the use of all accrued sick leave, shall not  be granted.
    6. If an employee has been provided a disability leave of  absence of six (6) months or more and further leave would  cause an undue hardship, an employee will be medically  separated in accordance with Article 20 – Medical  Separation. An employee who is receiving long term disability  payments from a retirement system to which the University contributes will be medically separated in accordance with  Article 20 – Medical Separation.
    7. Return to Work – The employee shall not be reinstated from a  medically-related leave of absence until a medical release  certification is provided to the University within the time limits  specified by the department. A medical release certification shall  include a statement by the employee’s health care provider of the  employee’s ability to perform the essential functions of the  position, with or without reasonable accommodation.

 

j. Other Types of Leaves 

  1. Jury Duty/Grand Jury Duty 
  2. A full-time career employee who is summoned to required  jury duty shall be granted leave with pay for actual time  spent on jury service and in related travel, not to exceed the  number of hours in the employee’s normal work day and the  employee’s normal workweek.
  1. A part-time employee in a career position who is summoned  to required jury duty service shall be granted leave with pay  for actual time spent on jury service and in related travel  which occur during the employee’s regularly scheduled  hours of work.
  1. During the time an employee is responsible to the court for  daytime jury duty, the University will convert the  employee’s usual work shift to a regular five day, Monday  through Friday, day shift.
  1. During the time an employee is responsible to the court for  night time jury duty, the University will convert the  employee’s usual work shift to a regular five day, Monday  through Friday, evening shift. Such an employee will  receive shift differential only for hours actually worked on  the evening shift.
  1. Witness Leave 

When served with a subpoena that compels the employee’s  presence as a witness, a full-time employee in a career position  on any shift or work schedule shall be granted leave with pay for  actual time they were required to spend at the administrative or  legal proceedings, and in related travel, not to exceed the number  of hours in the employee’s normal work day and the employee’s  normal work week. A part-time employee in a career position  shall be granted leave with pay for time spent at the proceedings  and in related travel that occurs during the employee’s regularly  scheduled hours of work. Leave with pay shall not be granted  when an employee is the plaintiff or defendant in a proceeding,  is called or subpoenaed as a paid expert witness not on behalf of  the University, or is called or subpoenaed because of duties for  another employer. 

 

  1. Blood Donations 

An employee may be granted leave with pay during their regularly scheduled hours of work for time actually spent  donating blood. Such leave shall not exceed two (2) hours per  donation. Scheduling of such leave must be arranged with and  approved by the employee’s immediate supervisor. Granting  such leave is subject to operational requirements. 

  1. Community Service Leave 

A non-probationary, career employee with satisfactory  performance shall be granted release time not to exceed sixteen  (16) hours per calendar year in order to provide volunteer  services to University-sanctioned non-profit organizations  engaged in charitable or community service efforts. A written  request to take community service leave shall be submitted to  the employee’s supervisor and release time must be approved in  advance by the Department head or designee. Employees taking  community service leave shall be required to provide proof of  service upon returning from the leave. 

  1. Time Off to Vote 

If an employee does not have sufficient time outside of their  working hours to vote at any general, direct, primary, or  presidential primary election, the employee may take leave for a  sufficient amount of time to enable the employee to vote. Not  more than two (2) hours of such time shall be provided to an  employee without loss of pay. Time off for voting shall be  provided only at the beginning or end of the employee’s regular  work shift, unless otherwise mutually agreed. If an employee  requires time off to vote, they shall give notice that they require  time off at least two (2) days before the election. 

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