III. Types of Leave, Duration, and Eligibility

1. General
   Employees may be granted personal leave, pregnancy disability leave, work-incurred disability leave, and other paid/unpaid leaves as provided for under policy and collective bargaining agreements. Eligible employees may also be entitled to Family and Medical Leave (FML). For complete information, service team representatives and supervisors should review full University policies and/or collective bargaining agreements.
   
   
2. Family and Medical Leave (FML)
   FML is provided for an eligible employee’s serious health condition, the serious health condition of the employee’s child, spouse, domestic partner (same or opposite sex), or parent, or to bond with the employee’s newborn, adopted, or foster care child. Leave granted to care for the employee’s newborn, adopted, or foster care child (Parental leave) must be initiated and concluded within the twelve (12) months following the child’s birth, adoption, or placement in foster care. FML granted to an eligible employee shall not extend beyond a predetermined separation date.
   
   Note: Supervisors may, at their discretion, require an employee requesting leave to care for a family member with a serious health condition or requesting Parental leave, to provide documentation of the familial relationship or proof of birth, placement for adoption or in foster care. Failure to provide documentation within fifteen (15) calendar days of the supervisor’s request may result in delay of the leave until the required documentation is provided. If the employee fails to provide the documentation, the leave is not FML and may be denied.
   
   An employee is entitled to up to twelve (12) workweeks of FML during a calendar year, provided that:
   
   
   1. The employee has at least twelve cumulative months of University service (all prior University service, including service with the Department of Energy laboratories, shall be used to calculate the 12-month service requirement). If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave during which other benefits or compensation are provided by the employer, the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as “at least 12 months,” 52 weeks is deemed to be equal to twelve months.
   2. The employee has at least 1250 hours of actual work during the twelve (12) months immediately preceding the commencement date of the leave. Actual work is time actually spent at work and does not include any paid time off including 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.
      
      
3. Supplemental Family and Medical Leave
   If the need for a family and medical leave that is in progress continues beyond 12 workweeks, a regular status and non-represented staff (PSS and MSP) employee shall be entitled to supplemental leave for up to 12 workweeks or until the end of the calendar year, whichever is less. The aggregate of pregnancy disability leave, family and medical leave, and supplemental family and medical leave shall not exceed seven months during the calendar year, except as required by law. Refer to the appropriate current collective bargaining agreement to determine whether represented employees are entitled to any additional leave.
   
   
4. Family and Medical Leave Designation
   Whether paid or unpaid, all leaves of absence that meet the qualifications for FML should be designated as Family and Medical Leave.
   
   
5. Reduced Work Schedule/Intermittent Family and Medical Leave
   When medically necessary, an employee may take FML on a reduced work schedule or on an intermittent basis, as provided for under policy and collective bargaining agreements. There must be a documented medical need for leave (as distinguished from voluntary treatments and procedures) which can best be accommodated through an intermittent leave or reduced work schedule.
   
   Employees needing intermittent FML leave or leave on a reduced work schedule must attempt to schedule their leave so as not to disrupt the unit’s operations. In addition, the supervisor may assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent leave or leave on a reduced work schedule.
   
   Exempt employees eligible for FML on a reduced work schedule or intermittent basis should complete a Record of Reduced Work/Intermittent Leave Schedule form. Leave bank deductions shall be made for any hours or partial hours taken by an exempt employee who elects or is required to substitute paid leave for unpaid family and medical leave taken on an intermittent basis or reduced schedule. An exempt employee who elects or is required to take unpaid FML shall not be paid for any hours or partial hours taken on an intermittent basis or reduced schedule.
   
   
6. Family and Medical Leave - Interaction with Pregnancy Disability Leave
   Employees who are disabled from working due to pregnancy, childbirth, or related medical condition shall be granted, upon request, up to four months Pregnancy Disability Leave (PDL) during the period of verified disability.
   
   An eligible employee is entitled to twelve (12) weeks of Federal Family and Medical Leave (FML) and twelve (12) weeks of State Family and Medical Leave (SML) under the California Family Rights Act.
   
   Federal FML and State FML normally run concurrently, except during pregnancy disability leave. If an employee is on an approved pregnancy disability leave and is also eligible for family and medical leave, up to 12 workweeks of pregnancy disability leave shall run concurrently with FML under federal law.
   
   If the employee is eligible for FML, the first twelve (12) weeks of PDL will be designated as FML for the purpose of continuation of the University’s contribution for coverage under group health plans (medical, dental, vision). If the employee continues to be disabled beyond twelve (12) weeks, the employee may continue to be on leave for pregnancy disability reasons for the remainder of the four month period.
   
   Leave for pregnancy disability, while counted against an employee’s Federal FML entitlement, is not counted against an employee’s State FML entitlement. Therefore, an employee who exhausts her Federal FML entitlement because of pregnancy disability is entitled to an additional twelve (12) weeks of family and medical leave under State FML for any reason other than pregnancy disability (e.g., to care for her newborn), provided she has leave entitlement remaining. University contributions for group health plans are not continued during leave that is only State FML.
   
   
7. Family and Medical Leave - Interaction with Work-Incurred Disability Leave
   Work-incurred disability leave, including any period of extended sick leave, runs concurrently with Family and Medical Leave for the first twelve (12) workweeks, provided that the employee is eligible for FML.

[Top of Page]