Sections VI - IX summarize University policy and approval authority for leaves associated with service to governmental agencies, professional meeting, and other types of paid and unpaid leaves.

Family and Medical Leave legislation covers employees who meet certain appointment criteria and who take leave for certain specified purposes. This legislation provides eligible employees with:

1. entitlements to unpaid leave up to 12 weeks;
2. significant employer-provided benefits (medical-dental-optical) during the unpaid leave;
3. return to work rights;
4. unpaid leave to attend to one’s own serious health condition;
5. unpaid leave to care for the serious health condition of an appointee’s child, parent, spouse, sibling, grandparent, grandchild, in-law or step-relative;
6. unpaid leave taken on an intermittent basis to attend to the serious health condition of oneself or family member as described above;
7. unpaid leave to care for a newly born child; and
8. unpaid leave to care for a child placed with the appointee for adoption or foster care.

An Appointee is entitled to a maximum of 12 work weeks of Family and Medical Leave during the 12 month period that begins on the date leave is first taken provided that:

1. the appointee has at least 12 cumulative months of University service; and
2. the appointee has worked at least 1,250 hours during the 12 months immediately preceding the commencement date of the leave.

In general, academic appointees at 60% time or greater will be considered to have worked the required 1,250 hours absent indications to the contrary.

For eligible appointees who work more or less than five full days a week, the number of working days which constitutes twelve work weeks is calculated on a pro rata or proportional basis.

Whenever possible an appointee shall provide at least 30 days advance notice for sick leave for a planned medical treatment or childbearing leave. If notice is not possible because of a medical emergency, notice shall be given as soon as practicable.

For an academic appointee holding an appointment with a predetermined end date, Family and Medical Leave may not be approved beyond the ending date of the academic appointment. In the event the appointment is renewed, extended or subsequent appointment is made, further leave may be granted.

Eligible academic appointees on leave shall be reinstated to the same position held prior to the leave or to an equivalent position, provided that they return immediately following the leave. Non-Senate appointees on Family and Medical Leave who are laid off will have reinstatement rights under APM-145.

For titles that accrue sabbatical leave credit, no credit is accrued during a Family and Medical Leave.

Family and Medical Leave is considered an unpaid leave. University policy allows individuals to substitute accrued sick leave for any unpaid Family and Medical Leave. For titles that do not accrue, paid sick leave may be granted by the Dean or Chancellor depending on the duration. See appropriate section on University policy that follows.

Note: Family and Medical Leave runs concurrently with any approved paid leave or combination of paid/unpaid leave.

It is the employer’s responsibility to designate leave, unpaid or paid as Family and Medical Leave qualifying, and to give notice of eligibility and designation to the employee.

Deans have approval authority for leaves of absence without salary for one academic year or less.

Requests to use sick and/or vacation accruals, and requests for paid sick leave in order to supplement any portion of an unpaid leave of absence, are to be granted in accordance with the policy provisions that follow.

An academic appointee on approved Family and Medical Leave shall be entitled to continue participation in University-sponsored health plan coverage (medical, dental, and optical), including applicable employer contributions, for a period of up to 12 work weeks in the leave year, as if on pay status. At the termination of such a leave, benefits eligibility shall continue as usual. Other University group insurance coverage and retirement benefits shall be in accordance with the provision of the applicable group insurance and retirement system regulations.

1. Sick leave encompasses leave for personal illness, childbearing, disability, medical appointments, illness of family members or bereavement.
2. Family members are defined as an appointees child, parent, spouse, domestic partner, sibling, grandparent or grandchild. In-laws or step relatives in the relationships listed including relatives of the domestic partner are also covered. This provision also covers other persons residing in the appointee’s household.
3. Leaves of absence may be paid or unpaid.
4. Whenever possible an appointee shall provide at least 30 days advance notice for sick leave for a planned medical treatment or pregnancy disability childbearing leave.
5. For an academic appointee holding an appointment with a predetermined end date, sick leave (including childbearing leave) may not be approved beyond the ending date of the academic appointment. In the event the appointment is renewed, extended or subsequent appointment is made, further leave may be granted.
6. For titles that accrue sabbatical leave credit, no credit is accrued during a leave of absence with pay for one quarter or semester or more, or for a leave of absence without pay.

a. Academic Titles that Accrue Paid Sick Leave

Sick leave credit for eligible appointees accrues at the rate of one working day per month for full-time service. Appointees at 50% time or greater accrue sick leave at a proportional rate.

The following groups of fiscal year academic appointees accrue sick leave credit provided their appointment is at 50% or more time. Appointees at less than 50% time are not entitled to accrue sick leave.

* except those holding joint appointment of any percentage of time to regular academic ranks or joint appointment of 50% or more time to other faculty titles.

b. Academic Titles that do not Accrue Paid Sick Leave

Faculty and other titles paid on a nine-month basis and faculty paid on a fiscal year basis do not accrue sick leave.

An academic appointee who accrues sick leave credit may use accrued sick leave in accordance with section IIA.

For titles that do not accrue, requests for paid sick leave should be addressed to the Department Chair and forwarded to the Dean for final approval or to the Chancellor for approval, depending on duration.

Accrued sick leave may also be substituted, at the appointee’s option, for an unpaid Family and Medical Leave as described in Section IA.

For titles that accrue, Deans have approval authority to grant unpaid leaves up to and including one academic year; the combination of paid and unpaid leave not to exceed one academic year. Upon request by the individual, Deans may also allow the use of accrued vacation to cover the portion of any unpaid absence.

For faculty titles that do not accrue, Deans have the approval authority to grant sick leave for no more than 60 calendar days. The Chancellor has authority to grant sick leave regardless of duration.

It is the employer’s responsibility to designate leave, unpaid or paid as Family and Medical Leave - qualifying, and to give notice of eligibility and designation to the employee. Since Family and Medical Leave runs concurrently with any paid leave, it is important to notify the employee that if sick leave (and vacation) accruals are exhausted prior to the 12 Family and Medical Leave week entitlement, the individual may be eligible to have employer contributions continued. In other words, total benefits contribution during any combination paid/unpaid leave will be equal to the contributions that would have been made had the employee remained on pay status during the entire 12 week leave period.

In the case of the appointee’s own illness, the appointee may be eligible for University-Paid Disability Plan Benefits and, if enrolled, for employee benefits under the University of California Employee-Paid Disability Plan once paid absence has been discontinued.

III. Childbearing Leave

A. Criteria and Eligibility

Academic appointees are eligible for leave for purposes of childbearing. Appointees are also eligible for a period of Active Service - Modified Duties before and/or following a birth of a child.

Leave for childbearing shall be granted on request, without pay, to an academic appointee who bears a child, for the period prior to, during, and after childbirth. Childbearing leave shall consist of time an appointee is temporarily disabled because of pregnancy, childbirth, or related medical conditions. Leave for childbirth and recovery normally will be for at least 6 weeks; more time may be necessary for medical reasons. Under California Pregnancy Disability Leave, an academic appointee who is disabled because of pregnancy, childbirth, or related medical conditions is eligible to take an unpaid childbearing leave for up to 4 months during the period of actual disability. During childbearing leave, no duties shall be required by the University.

The 12 week entitlement for pregnancy disability under Family and Medical (as previously described in Section I) runs concurrently with the above disability period, not in addition.

Either at the end of the 12 week Family and Medical Leave period or at the conclusion of any certified extended disability period (up to 4 months under Pregnancy Disability Leave), the appointee is also entitled to an additional 12 work weeks of unpaid leave under the California Family Rights Act (CFRA) in order to bond with the infant. However, for this additional 12 weeks of CFRA leave, there are no employer-paid benefits provided since they were exhausted during the first 12 weeks of pregnancy disability under Family and Medical Leave. There are no provisions for employer-paid benefits under either the California Pregnancy Disability Leave Act or the California Family Rights Act. They only allow for periods of unpaid leave.

Under the state and federal law, as an alternative to or in addition to pregnancy disability leave, if medically necessary the appointee may request and the University shall temporarily modify a pregnant academic appointee’s position or transfer her to a less strenuous or hazardous position or duties, if the temporary modification or transfer can be reasonably accommodated. This temporary modification or transfer shall not be counted toward an eligible academic appointee’s entitlement to a maximum of four months of pregnancy leave unless the modification has taken the form of a reduced work schedule.

B. Pay Status During Childbearing

An academic appointee who accrues sick leave credit may use accrued sick leave for the period of childbearing.

Faculty and other titles paid on a nine-month basis and faculty paid on a fiscal year basis do not accrue sick leave, but are provided the following:

1. Academic Senate members and those academic appointees who have served longer than a year will be granted 6 weeks of paid maternity leave plus, upon request, Active Service - Modified Duties for an additional 6 weeks.
2. An academic appointee in a title which does not accrue sick leave who has served for less than a year will be granted paid sick leave for pregnancy disability purposes at the rate of one day of paid leave per month for the period served.

Deans have approval authority to grant unpaid leaves up to and including one academic year; the combination of paid and unpaid leave not to exceed one academic year. Upon request by the individual, Deans may also allow the use of accrued vacation to cover the portion of any unpaid absence.

For faculty and other titles paid on a nine-month basis and faculty paid on a fiscal year basis:

1. Deans have the approval authority to grant sick leave for no more than 60 calendar days. For pregnancy disability this encompasses any disability prior to delivery, plus 6 weeks of maternity leave, plus any disability after the maternity period for either the mother or the newborn, up to 60 calendar days.
2. Deans also have the approval authority to grant an additional 6 weeks of Active Service - Modified duties upon completion of the 6 week maternity period; the total of both the maternity and ASMD period not to exceed 12 weeks.
3. Approval of leave of absence without salary for one academic year or less are also a Deans authority. The 6 week maternity period plus Active Service - Modified Duties, plus any leave without salary taken for parental leave cannot exceed one academic year.

D. Benefits Continuation During Periods of Unpaid Absence

It is the employer’s responsibility to designate leave, unpaid or paid as Family and Medical Leave - qualifying, and to give notice of eligibility and designation to the employee. Since Family and Medical Leave runs concurrently with any paid leave, it is important to notify the employee that if sick leave (and vacation) accruals are exhausted prior to the 12 Family and Medical Leave week entitlement, the individual may be eligible to have employer contributions continued. In other words, total benefits contribution during any combination paid/unpaid leave will be equal to the contributions that would have been made had the employee remained on pay status during the entire 12 week leave period.

The appointee may be eligible for employer-paid and, if enrolled, for employee paid temporary disability benefits under the University of California Disability Program once paid absence has been discontinued.

Parental leave without pay may be granted for up to one year to any academic appointee for the purpose of caring for a child of the appointee, the appointee’s spouse, or the appointee’s domestic partner. If a leave is requested due to the illness of a child, please refer to Sick Leave policies described previously.

If parental leave is requested to specifically care for a newly-born or newly-adopted child or a child placed for foster care, it shall be granted under the provisions of Family and Medical Leave, provided that the 12 work week Family and Medical Leave has not already been exhausted during the period of pregnancy disability. Reinstatement rights are in accordance with previously stated Family and Medical Leave policy.

Whenever possible an appointee shall provide at least 30 days advance notice for a parental leave.

When parental leave is combined with pregnancy disability leave, Family and Medical Leave and/or Active Service - Modified Duties, the combined period shall not exceed one year for each birth or placement. A parental leave cannot be approved beyond the end date of the appointment.

For titles that accrue sabbatical leave credit, no credit is accrued during a leave of absence with pay for one quarter or semester or more, or for a leave of absence without pay.

B. Pay Status During a Parental Leave

Parental leave is an unpaid leave of absence. Vacation may be substituted in lieu of unpaid parental leave.

Deans have approval authority to grant unpaid leaves up to and including one academic year; the combination of paid and unpaid leave not to exceed one academic year.

An appointee on a parental leave not covered by Family and Medical Leave is responsible for continuation of their benefits during any unpaid portion of their leave.

If parental leave is taken in accordance with Family and Medical Leave, it is the employer’s responsibility to designate the leave, unpaid or paid as Family and Medical Leave - qualifying, and to give notice of eligibility and designation to the employee. Since Family and Medical Leave runs concurrently with any paid leave, it is important to notify the employee that if vacation leave accruals are exhausted prior to the 12 Family and Medical Leave week entitlement, the individual may be eligible to have employer contributions continued. In other words, total benefits contribution during any combination paid/unpaid leave will be equal to the contributions that would have been made had the employee remained on pay status during the entire 12 week leave period.

Periods of Active Service - Modified Duties for one academic term (12 weeks) shall be granted on request to any academic appointee who has substantial responsibility for the care of an infant for the period before and/or following the birth of the child in order that the parent can prepare and/or care for the infant. Active Service - Modified Duties will also be granted to any appointee who has substantial responsibility for a child under the age of 5 placed for adoption or foster care in order that the parent can prepare and or care for the young child. Placement with the appointee’s spouse or domestic partner will also qualify the appointee for Active Service - Modified Duties.

Eligibility for Active Service - Modified Duties shall extend from 3 months prior to and 12 months following the birth or placement of the child. In other words, the 12 weeks of Active Service - Modified Duties can be taken before or anytime after the event, but to be concluded no later than one year after the birth or placement.

Active Service - Modified Duties is not a leave but in most cases specifically related to pregnancy disability leave. When Active Service - Modified Duties is taken immediately before and/or following pregnancy disability, it is counted toward that appointee’s Family and Medical Leave entitlement.

In addition, Active Service - Modified Duties should be counted toward the 12 week Family and Medical Leave entitlement when reduction in duties is due to substantial child care following birth, or due to adoption/foster care placement. To determine the number of hours to be recorded as the Family and Medical Leave hours, the reduction of duties must be converted to an hourly equivalent.

The aggregate duration of all leaves plus periods of Active Service - Modified Duties granted for a given pregnancy may not exceed one year.

For appointees who accrue sick leave, periods of Active Service - Modified Duties shall be granted upon request. Sick leave shall be used in proportion to the reduced work load. When sick leave credit has been exhausted, pay will be reduced in proportion with the reduced workload.

For faculty who do not accrue, Active Service - Modified Duties is at full pay.

Requests for periods of Active Service - Modified Duties shall include a written statement by the academic appointee certifying that he/she has substantial responsibility for the care of an infant or young child.

Deans have authority to approve Active Service - Modified Duties for one academic term (12 weeks). Normally, for faculty the modification of duties will be reduced teaching; however clinical duties may be reduced in the case of health sciences faculty, as appropriate.

Requests for Active Service - Modified Duties in excess of one term require Chancellor’s approval.

For titles that accrue, appointees should check with the Benefits Office as to the effect of a reduction in appointment percentage on health and welfare and retirement benefits.

Leave of absence may be granted to members of the University for consultation or other services to governmental agencies. When the appointee is compensated for services by the governmental agency, usually these leaves of absence are granted without pay. However, full or partial pay may be granted for leaves of 30 days or less, and partial pay may be granted for longer leaves under the conditions stated below, provided the total compensation received during the leave does not exceed the compensation the appointee would normally receive from the University.

The term "governmental agencies" as used in this section refers to an agency of the federal government; State of California; county or city within California, or to any part, section, subsidiary or agency thereof.

No leave of absence with full pay for service to governmental agencies will be granted unless colleagues are able and willing without extra compensation to carry on the duties which the recipient of the leave is unable to perform while on leave.

Leave of absence with pay for 30 days or less for service to governmental agencies shall be approved only when service is appropriate and meaningful.

Leave of absence with partial pay for more than 30 days for service to governmental agencies may be granted in exceptional cases when consideration of value to the University is involved.

For leaves of 30 days or less, there will be no reduction in regular University pay during the period of the leave, except that if the appointee receives compensation from the governmental agency, the University salary for the period of the leave shall be partial salary equal to the difference between the appointee’s regular University salary and that received from the governmental agency.

If a leave of absence for a period of more than 30 days is approved and if the compensation paid by the governmental agency is less than that which the appointee would receive from the University, the University may grant a partial salary equivalent to the difference for the period of the leave.

C. Approval Authority

Deans have approval authority for leaves of absence without salary for one academic year or less.

Leaves of absence for 30 days or less with full or partial pay for service to governmental agencies require Chancellor’s approval.

Leave of absence with partial pay for more than 30 days require the approval of the President.

Appointees on leave are responsible for continuation of their benefits during any unpaid portion of their leave. Appointees on partial pay should check with the Benefits Office as to the effect of a reduction in appointment percentage on health and welfare and retirement benefits.

An appointee may be granted a leave with pay for seven days or less to attend a professional meeting or for University business. For leave in excess of seven days, please see the Section VIII.

The department chairperson shall be responsible for adequate replacement of the faculty member during the period of the leave, except that the appointee receiving the leave shall be responsible for the submission of any course reports, etc., required during the period of the absence.

Leaves taken for seven days or less are fully paid.

Department chairpersons may approve leaves of absence for seven calendar days or less to attend professional meetings or for University business.

There is no effect on benefits since pay is not reduced.

In addition to the special leave listed above, leaves of absence with full pay for other good cause may be granted to academic appointees. Leaves of absence to perform service for an outside agency (including corporations, individuals and institutions) when such service is compensated by the outside agency are not granted with pay except as provided in Section VI.

No leave of absence with pay shall be granted to a Fiscal-Year appointee for more than 30 days for the purpose of attending international conferences and related scholarly activities. Time required beyond 30 days for this purpose by Fiscal-Year appointees will be charged against accrued vacation Should it be necessary for a Fiscal-Year appointee to be away from campus for a time beyond that allowed by the 30-day leave with pay plus accrued vacation time, such further leave, if approved by the Chancellor, shall be granted only as leave without pay.

Chancellors are authorized to approve leaves of absence with pay for 12 months or less for academic appointees in accordance with the general policy of leaves.

Leave of absence with pay for more than 12 months, other than sick leave, requires approval of the President.

In addition to the special types of leaves listed above, leaves of absence without pay for other good cause may be granted to academic appointees. Such leaves shall not exceed one year in length and shall not extend beyond June 30 of the academic year in which the leave is granted.

In certain cases, leaves of absence without pay for more than one year may be granted.

Leaves without pay for more than one year are normally granted only to Professors, Associate Professors or equivalent ranks.

In exceptional cases department chairpersons may recommend persons of ranks other than Professor, Associate Professor, or equivalent ranks for leave without pay for more than one year when it is certain that the department wishes to retain the applicant’s services, and the purpose of the leave is one which will enhance the applicant’s value to the University. In such cases no assurance may be given, either directly or by implication, that the applicant will be retained beyond the period of service normally applicable to the applicant’s rank, or that the applicant will be promoted when that period is over. Reappointment at the termination of leave is dependent upon availability of funds.

If a replacement is necessary during the period of leave, the person employed as a replacement shall be notified in writing by the department chairperson that the appointment is limited to the period for which the leave has been granted to the replaced individual.

No pay shall be issued during this period.

Deans have authority for approval of leaves of absence without salary for one academic year or less for all academic appointees. If the request for the leave is due to the acceptance of a position at another institution, the Chancellor becomes the final approval authority, regardless of duration.

Leave of absence in excess of one academic year requires approval of the Chancellor.

Appointees on leave are responsible for continuation of their benefits during any period of unpaid leave.