UC Time off Work and Leaves of Absence

Time off Work and Leave Rules Consider the employee’s position Each Time off Work policy or collective bargaining agreement provision: –Permits time off for specific reasons –Permits time off for up to a specific period of time –May require specific documentation (e.g., CHCP, etc.)

Leave of Absence Information Time off work is not a UC leave until the 15 th consecutive calendar day of absence. –Dept./org unit is responsible for reporting time away from work beginning on the first day of absence. –If absence is 15 consecutive calendar days or longer UC Leave provisions apply UC Leave is effective on the first day of absence Time MUST be reported accurately –If absence is LESS than 15 consecutive calendar days Employee is not placed on UC Leave Time away from work must still be reported

Possible FMLA Absences With PayWithout Pay May run concurrent w/ FMLA Med/sick (EE or FAM)  Childrearing*Childrearing AAUP-Article 19 Childrearing  OIL (FOP)  Military Personal (AAUP)Personal Administrative Special (AAUP)  Academic/Sabbatical Professional Educational Disability/Extended Medical  Union * If taken with vacation pay

Family and Medical Leave Act (FMLA) Federal legislation Provides unpaid JOB PROTECTION; –FMLA does not stand alone! As appropriate FMLA will run concurrent with UC time off work and/or a UC leave UC policies/collective bargaining agreements regarding use of sick time are sometimes more generous than FMLA –e.g., UC definitions of immediate family member are much broader than FMLA’s definition; FMLA may not be taken for domestic partners, etc. What about work-related injuries and illnesses? –Handled in the same manner as any time off work or leave issue except the employee may elect to be absent without pay. Refer employee questions to the Sr. Leave Administrator

FMLA - Time off Work Dept./org unit must: –Make timely FMLA eligibility determination (within 5 business days after the employee “puts UC on notice”) Submit a copy of the provisional designation form to the Leave Administrator in central HR Send employee notice if not eligible for FMLA or provisionally designate absence as FMLA Send communications regarding Leave to employee within required timeframes; continue to communicate leave status changes to employee (e.g., paid to unpaid, etc.) –Report time off and, if necessary process leaves in UC systems

Possible FMLA qualifying events For birth of a son or daughter, and to care for the newborn child For placement with the employee of a son or daughter for adoption or foster care To care for the employee's spouse (currently not domestic partner), son, daughter, (under 18 or 18 and over but incapable of self-care) or parent with a serious health condition Because of a serious health condition that makes the employee unable to perform the functions of the employee's job Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember. Example of serious health condition: –inpatient care (admittance to hospital, not ER visits) –continuing treatment by a health care provider –inability to work Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, headaches other than migraine, routine dental or orthodontia problems, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA

Time off Work and Leave Progression for Medically related absences (sick time) Sick time Medical Leave of Absence with pay using paid time off per applicable rules –Prior to going on Leave of Absence without pay the employee may elect to use any or all accrued vacation Medical Leave of Absence without pay Disability Leave of Absence without pay –Provided employee has used 12 work weeks of protected FMLA time if eligible Return or termination of employment

Return to Work Information Employees MUST report to University Health Services (UHS) when: –Returning from their own medically-related absence of five (5) consecutive work days or more –Medical attention is required while the employee is absent for medical reasons –The employee works in a health care area –The employee has been exposed to a contagious disease Employee must submit a certificate to UHS from the healthcare provider; that includes –(Employee Name) may return to work on (date) with or without restrictions –If restrictions are stated they must be SPECIFIC and indicate how long they are in effect Employee is evaluated and released/not released by UHS to return to work Employee presents UHS release to supervisor upon return to work

Disability Org Unit Overview What is it? –Unit designation for employees on disability leave without pay –Vacancy is created in the position the employee held at start of leave When is an employee placed in the disability org unit? –Union represented employees who have exhausted all applicable paid time off and who don’t provide a probable date of return or remain absent beyond six months or more from the date all pay is exhausted (unpaid status date)*** When should employee be placed in Disability Org Unit? –Six months following date of entry into unpaid status OR SOONER IF probable date of return is unknown* *** Or as outlined in the applicable collective bargaining agreement

Disability Org Unit Overview (cont.) Who places the employee in the Disability Org Unit? –Human Resources in consultation with the department or Org Unit When can I fill the employee’s position? –When the employee is placed in the Disability Org Unit and the vacancy is created Who is responsible for the employee? –Human Resources will notify the employee of the move and copy the department

AAUP Faculty Two Semester Faculty Appointment Dates and Pay Periods for Full Academic Year ° Academic Year (AY) ⊳ 08/15 – 08/14 ° Pay Dates (end of month) ⊳ 09/ /31 NOTE: HR automatically adjusts faculty salary to begin 09/

AAUP Faculty Two Semester Leaves of absence for faculty must be submitted to the Provost Office for approval; timelines listed in CBA ° Faculty member submits request to department head, who renders decision ° Department head submits request along with their decision to the Dean, who renders decision ° Dean submits request to Provost Office, which renders final decision and sends notification to appropriate parties

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave - based on individual circumstances) New Leave of Absence (no pay) ◦ Effective 08/15, if academic year or fall semester  College/department will need to process a PCR to make faculty salary override entry for faculty member to receive regular pay for themonth of August of prior AY AND …

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave) Return date 08/15, if academic year (no pay) (last day of leave is 08/14) oCollege/department will need process a PCR with an return date of 08/15 AND HR to make faculty salary override entry of zero to ensure facultymember does NOT receive any regular pay for the month of August

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave)  Return date 01/01, if fall semester (no pay) (last day of leave is 12/31) oCollege/department will need to HR to make faculty salary override entry of zero to ensurefaculty member does NOT receive regular pay forthe months of January and February, since faculty member is NOT due any portion of the one-half of AY salary for fall semester AND process a PCR with a return date of 01/

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave)  Effective date 01/01, if spring semester (no pay) ° College/department would have processed PCR to make faculty salary override entry in December for faculty member to receive their full regular pay for the one-half of the AY (fall semester) in December, i.e., equal to three pays, inclusive of December AND process PCR with an effective date of 01/

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave)  Return date 05/01, if spring semester (no pay) (last day of leave is 04/30) ° College/department will need to HR to make faculty salary override entry of zero to ensure faculty member does NOT receive regular pay for the months May through August, since facultymember is NOT due any portion of the one-half of AY salary for spring semester AND process a PCR with a return date of 05/

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave)  Effective date 05/01, if summer semester (no pay) (worked fall and spring semesters) ° College/department will need to process PCR for faculty salary override for faculty member to receive regular pay for one-half of the AY (spring semester) in April, i.e., equal to five pays, inclusive of April AND process a PCR with an effective date of 05/

AAUP Faculty Two Semester Leave of Absence (except medical/FMLA leave)  Return date 08/15, if summer semester (no pay) (last day of leave is 08/14) °College/department will need to process a PCR for leave return date of 08/15 AND HR to make faculty salary override entry of zero to ensurefaculty member does NOT receive regular pay forthe month of August

AAUP Faculty Two Semester Leave of Absence (medical/FMLA) New Leave of Absence (with pay) ◦Effective 08/15, fall semester  College/department will need to process a PCR for medical leave effective 08/15 to first day of classes. Do NOT charge sick time during this period

AAUP Faculty Two Semester Leave of Absence (medical/FMLA) (cont’d) New Leave of Absence (with pay) ◦Effective 08/15, fall semester College/department will need to process a PCR effective first day of classes for FMLA medical. Charge FMLA sick time for AY calendar class days (beginning with first day of classes). 08/25 for AY

AAUP Faculty Two Semester Leave of Absence (medical/FMLA) (cont’d) New Leave of Absence (with pay) ◦Effective 08/15, fall semester  College/department will need to process PCRs to return from FMLA medical AND place on medical leave from the first through the last day of holiday break per the AY calendar. Do NOT charge sick time during this period

AAUP Faculty Two Semester Leave of Absence (medical/FMLA) (cont’d) New Leave of Absence (with pay) ◦Effective 08/15, fall semester  College/department will need to process a PCR for return effective 01/01 (assumes medical certification ends 12/31)