Procedure 2.210 III.D. – Leave of Absence

A. General

Refer to UC-PPSM 43 (Leave of Absence), Section A.

B. Pregnancy Disability Leave (PDL)

As stated in UC-PPSM 43 (Leave of Absence), any female employee is eligible for up to four (4) months leave during the time she is actually disabled and unable to perform her job due to pregnancy or childbirth, as permitted by the California Fair Employment and Housing Act.

A pregnant employee may also request temporary reassignment to a less strenuous or hazardous position upon the advice of her health care provider. If such a request can be reasonably accommodated, it must be granted.

Pregnancy Disability Leave runs concurrently with Family Medical Leave.

C. Family & Medical Leave (FMLA)

  1. Policy, Length and Eligibility:
    1. Family and Medical Leave (FMLA) provides up to twelve (12) workweeks unpaid leave in a "leave year" for the following reasons:
      1. An employee's own serious health condition;
      2. The birth of a child, or care of a newborn, newly adopted child, or a new foster care placement; or
      3. The care of a spouse, child, or parent with a serious health condition.

        The "leave year" begins with the commencement of the leave, and is calculated on a rolling basis.
    2. Any employee who meets the following criteria is eligible:
      1. The employee must have at least twelve (12) months of University service. All prior service counts, regardless of any breaks in service; and
      2. The employee must have worked at least 1250 hours during the twelve (12) months immediately preceding the commencement of the leave.
  2. Concurrent Leaves: The Organization Head or designee shall designate all paid and/or unpaid leaves (including accrued sick leave and vacation) due to medical reasons (including work-incurred) to run concurrently with, and be counted against, the employee's family medical leave entitlement, provided the employee qualifies for FMLA and receives written notice.

    All leaves, whether paid or unpaid, which meet the qualifications for FMLA should be designated as Family and Medical Leave at the beginning of the leave period.
  3. Health Benefits: Health benefits are to be continued during FMLA, as if the employee is on pay status. Therefore, the University will continue to pay its portion of health benefit costs for the FMLA period only (a maximum of 12 weeks). This includes medical, dental, and optical insurance.

    An employee who continues on leave beyond the initial 12 weeks of FMLA, and who is qualified to receive disability benefits under the University-Paid Temporary Disability Plan, is eligible for the continuation of Regents' contributions toward medical insurance. Employees should be advised to contact CHR's Benefits and Personnel Services (794-0830) to arrange to pay her/his normal portion of health benefit costs and/or to continue non-health benefits (i.e., life insurance).
  4. Notification & Certification: Department representatives should contact their CHR Employee Relations Consultant before initiating FMLA actions to receive a Family and Medical Leave Packet. Forms referred to in this section are included in the packet.
    1. Employee Notice and Certification (Advance Notification)
      1. An employee is required to give thirty (30) days advance notice if the absence is foreseeable. The employee should complete the Leave of Absence Request form.
      2. The employee must provide his supervisor with evidence of a serious health condition from her/his health care provider or the health care provider of the ill family member.
      3. The department should complete the Leave of Absence Request form and forward a copy to the employee indicating approval or denial of the leave.
    2. Department Notice (NO Advance Employee Notification)
      1. If an employee has not previously requested a leave, and has been absent for three days or more for personal or family illness reasons, the department must provide written notice that the leave has been provisionally designated as FMLA within two (2) working days.
      2. If the department does not have sufficient information (e.g., no medical certification) to determine whether the leave qualifies as FMLA, provisional designation of FMLA should be made, subject to verification. The employee must provide verification from her/his health care provider (or the health care provider of the ill family member) within fifteen (15) calendar days of the request.
    3. Reinstatement and Return to Work
      1. The employee is entitled to reinstatement to the same or an equivalent position.
      2. If the employee was absent for two weeks or longer because of her/his own serious health condition, a Return to Work Certification form (or doctor's release) must be completed by the employee's health care provider, and returned to the supervisor upon returning to work. The supervisor may also require a doctor's release (or Return to Work Certification form) for absences of less than two weeks.
  5. Family and Medical Leave Packet: Department representatives are advised to contact their Employee Relations consultant in CHR before initiating FMLA actions and to receive a Family and Medical Leave Packet. The packet includes:
  • FMLA Department Checklist
  • Leave of Absence Request form
  • Your Rights and Obligations Under the Family and Medical Leave Act of 1993
  • Family and Medical Leave Benefits Checklist
  • Family and Medical Leave Certification form
  • Family and Medical Leave Return to Work Certification form
  • Record of Reduced Work/Intermittent Leave Schedule
  • University Contribution Indicator (UCI) form 
     

Click on sample FMLA letters

D. Supplemental Family & Medical Leave

Refer to UC-PPSM 43 (Leave of Absence), Section D.

E. Work-Incurred Illness & Injury Leave

Refer to UC-PPSM 43 (Leave of Absence), Section E and to the UCLA Workers' Compensation Supervisory Manual.

F. Personal Leave

A career employee may request, and the Organization Head or designee may grant the employee, a personal leave with or without pay for up to six months. In granting the leave, the best interests of the University, as well as the interests of the employee, shall be considered.

Personal leaves may be granted for reasons such as extended illness, need to provide care for family members, or education and professional development which will directly increase job effectiveness.

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.

  1. Extension of Personal Leave: Following consultation with CHR's Employee Relations Consultant, the Organization Head or designee may approve an extension of a personal leave for a total leave of not more than twelve months.
  2. Reinstatement: An employee who has been granted a personal leave shall be reinstated to the same position or, at the department's discretion, a similar position in the same department provided that the employee returns to work immediately following termination of the leave.

G. Effect on Benefits

Refer to UC-PPSM 43 (Leave of Absence), Section G.