Taking a Leave of Absence
We all have times when we need to put family responsibilities first. If you need to take time off from work to care for a family member who needs your help—or because of a serious health condition of your own—then you may be eligible to take Family and Medical Leave (FML). FML can provide a respite from work obligations so you can focus on what you and your family need.
The information below covers how Family and Medical Leave works, eligibility requirements, how to arrange for a leave, what happens to your benefits during a leave and how to make the transition back to work.
If you’re represented by a union, your Family and Medical Leave rights are governed by the terms of the collective bargaining agreement that applies to you.
I. Types of Leaves, Eligibility Requirements and Duration of Leaves
- Family and Medical Leave (FML)
Family and Medical Leave (FML) is job-protected leave provided by the University for specified family and medical reasons consistent with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and California’s Pregnancy Disability Leave Law (PDLL). The Family and Medical Leave fact sheet covers how Family and Medical Leave works, eligibility requirements, how to arrange for a leave, what happens to your benefits during a leave and how to make the transition back to work.- FML is for:
- Your own serious health condition;
- To care for a family member (spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling or designated person) who has a serious health condition;
- To bond with your newborn, adopted child or foster child, or to take care of responsibilities related to the birth, adoption or placement of your new child (FML taken as Parental Bonding Leave);
- To address “qualifying exigencies” such as legal, financial or other matters that result from the active duty (or the call to active duty) of your spouse, domestic partner, child, parent or parent-in-law who is a military member (FML taken as Qualifying Exigency Leave);
- To care for a family member—spouse, domestic partner, son, daughter, parent, or next of kin—who is a covered service member with a serious injury or illness incurred or aggravated in the line of active duty (FML taken as Military Caregiver Leave).
- Duration and Eligibility:
- An employee is entitled to up to twelve (12) workweeks of FML each calendar year, provided that:
- The employee has at least twelve (12) cumulative months of University service (all prior University service shall be used to calculate the 12 month service requirement).
- The employee has at least 1250 actual hours worked during the twelve (12) months immediately preceding the commencement date of the leave.
- FML is for:
- Intermittent Family Medical Leave
Intermittent FMLA leave allows eligible employees to take their 12 week unpaid leave in incremental blocks of time, rather than all at once. This can be helpful for managing chronic health conditions or attending medical appointments. - Supplemental FML
Policy covered staff who have exhausted the time allowed for FML may be eligible for Supplemental FML, with or without pay, for up to twelve (12) additional workweeks or until the end of the calendar year, whichever is less. - Disability (Medical) Leave
A Represented employee may be eligible for a disability leave, with or without pay, when they have exhausted their twelve (12) workweek FML entitlement in a calendar year, or they are not otherwise eligible for FML Leave, or the employee has exhausted her four (4) month entitlement under the Pregnancy Disability Leave Laws. - 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 (4) months Pregnancy Disability Leave (PDL) during the period of verified disability. - Parental Bonding
An eligible employee is entitled to FML to bond with their child after the child’s birth or placement with the employee for adoption or foster care, and to attend to matters related to the birth, adoption, or placement of the child. Leave granted for such bonding purposes must be concluded within twelve months following the child’s birth or placement with the employee.
II. Process Overview
Submit a Leave of Absence Request
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Leave Notice
For foreseeable leaves (e.g., pregnancy disability, planned medical treatments), including intermittent leave, an employee should provide a 30 day advance notice by submitting a Leave of Absence Request Form to their supervisor or Leave Coordinator. If the leave is not foreseeable due to a medical emergency, an employee should submit a Leave of Absence Request Form as soon as the employee is aware of their need for a Leave of Absence. - Medical Certification
An employee may be requested to provide documentation to support their request for FML, this may include Employee Medical Certification for self or for a family member Family Medication Certification, or Pregnancy Leave from a health care provider and, if you are taking leave to care for a family member, verification of your relationship to that family member through a Declaration of Relationship.
Under most circumstances, you’ll need to do this within 15 calendar days of receiving the request.
The university will notify you if your leave qualifies as FML within five (5) business days of receiving the requested documentation, absent extenuating circumstances
Note: The employee is not required to return these specific forms.
- An employee requesting leave to care for a family member with a serious health condition or requesting parental bonding who is required to provide documentation of the familial relationship or proof of birth, placement for adoption or in foster care who fails to provide such documentation may have their leave delayed until documentation is provided.
- Other Leaves
Other leaves may be approved, denied or deferred as provided for under policy and collective bargaining agreements.
Note: Employees requesting leave for Parental Bonding must provide documentation of the proof of birth, placement for adoption or in foster care.
III. Extension of Leave
For extensions of leave, the employee should contact the Leave of Absence Coordinator at least 30 days in advance of the end of the leave, where foreseeable, or as soon as the employee is aware of the need to request extension of the leave.
IV. Return to Work
Employees granted a leave, paid or unpaid, for medical reasons other than pregnancy disability, must also provide Return to Work Certification. While the employee must provide the required information, the employee may not be required to return this specific form.
V. Approval, Denial, or Deferral
Approval or denial of leave for family and medical leave qualifying reasons must be completed within two (2) business days of employee's notice of need for leave. If the employee fails to give timely notice (may be oral) for a foreseeable family and medical leave, leave may be delayed until 30 days after the date the employee complies. In addition, an employee who fails to provide medical certification or recertification or fails to perfect an incomplete certification may have their leave delayed or deferred until certification is provided.
Appeals of Denial
Appeals of denials of leave requests will be reviewed in conformance with applicable policies and/or collective bargaining agreements.
VI. Income Replacement
All Leaves are unpaid, unless eligibility requirements are met for Pay for Family Care and Bonding. Therefore, the employee’s input on whether they are to be paid or unpaid, during their Leave is required.
Accruals
FML is unpaid, except when used for Pay For Family Care and Bonding, therefore a Policy covered employee may elect to use their sick leave, accrued vacation and or compensatory time. If you’re represented by a union, your Family and Medical Leave use of accruals are governed by the terms of the collective bargaining agreement that applies to you.
UC employees have access to a variety of disability benefit options. They work in concert with each other to provide you with varying amounts of coverage. In most cases, disability coverage from all sources combined can provide you with a maximum of 60 percent of your eligible earnings.
Before you decide to take unpaid leave, note that UC offers an option that may help you extend any paid leave for which you’re eligible. You can learn more about the Catastrophic Leave Donation Program in the “Leaves of Absence” policy document on UCnet (ucal.us/staffleave).
VII. Affect on Benefits
- Pay Status
When on a Leave With Pay
If you are being paid by UC during an approved Family and Medical Leave (FML) by using Pay for Family Care and Bonding, accrued sick leave, vacation, Paid Time Off (PTO) and/or Compensatory Time Off (CTO) your Leave will be considered to be “on pay status.”
When on a Leave Without Pay
If you will be taking a Leave Without Pay you may consider filing a Disability Claim or consider applying for Catastrophic Leave Donation Program. During your Leave you will be considered to be “on unpaid status.” - Premium Payments
Employees on approved Family and Medical Leave (FML) or Medical Leave will automatically receive University contributions for medical, dental and vision coverage for the first twelve (12) weeks of their paid or unpaid leave.
Benefits will automatically continue unless the employee sends to UCPath a Benefits Billing Election Form electing to cancel benefits.
Leaves With Pay
Benefit premiums will continue to be deducted from your paycheck.
Leave Without Pay
If you will be on leave without pay status during any portion of your leave and owe continuation insurance premiums, UCPath will send the bill directly to your home address.
To determine the specific impact of your Leave on retirement and group insurance plans, consult with the campus Benefits Office at benefits@ucsc.edu or visit their page UCSC Benefits.
To find out whether you're eligible for a Leave or what leave options may be available to you, please contact your Leave of Absence Coordinator for consultation and guidance.
