1. UC Time off Work and Leaves of Absence

2. 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.)

3. Leave of Absence Information
Time off work is not a UC leave until the 15th 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

4. Possible FMLA Absences
With Pay
Without 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

5. 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

6. 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

7. 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

8. Medical Leave of Absence without pay
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

9. Return to Work Information
If an employee returns to work without restrictions, the employees MUST submit a certificate to their supervisor 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

10. Return to Work Information
If an employee returns to work with restrictions, the employee 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
Restrictions 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

11. 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

12. 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

13. 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 09/01
When discussing AAUP -faculty it is important to remember both the AY appointment dates and accompanying pay dates. There has been much confusion re: the pay dates for two semester faculty under semesters. Faculty salary is listed in the offer letter on an annual basis (September through August). The first pay for a two semester faculty member is at the end of September which is equal to 1/12 th of their AY salary. Even though their appointment begins 08/15 for the AY, their AY year salary is in 12 equal installments on a monthly basis beginning with the month of September. The last pay of the AY is paid the end of August, which is equal to 1/12 th of the AY salary.

14. 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
Leaves such as professional, academic, childrearing, medical, FMLA, military, personal, and special or emergency must be submitted as outlined. Some leaves may be with full, partial or no pay as outlined in the CBA. Also, specific leaves may be for varying periods of time, renewable or non-renewable, again as outlined in the CBA. The process is basically the same, however, there can be different types of documentation required dependent on the type of leave. Some leaves require faculty to return to service for a specified period of time following the leave, such as an academic leave.

15. 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 the month of August of prior AY AND …
In the prior slide, I outlined some leaves may be with full, partial or no pay. If there is a leave with partial or no pay, a PCR will need to be processed for the last month of the prior AY to pay the full regular faculty salary for the month of August even though the begin date of the leave for the new AY is 08/15.
If the leave is for the AY, a PCR action for the leave without pay would need to be processed with an effective date of 08/15 and an end date of 08/14. If the leave without pay is for fall semester only, a PCR for a faculty salary override would need to be processed with an effective date of 08/15 and an end date of 12/31. Also, an would need to be sent to HR for zero regular faculty salary override through the February pay. The foregoing is to ensure the pay received for spring semester is for one-half of the AY from a pay period perspective.
An alternative would be to multiply AY regular faculty salary by .50 (one-half of AY regular faculty salary or one semester) and divide by 8 (#of pays from January through August). The alternative creates an even salary amount for the eight-month period paying one-half of the AY regular faculty salary from January through August by processing a PCR accordingly.

16. 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)
o College/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 faculty member does NOT receive any regular pay for the month of August

17. 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)
o 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 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 01/01
A PCR for a faculty salary override would have been processed at the commencement of the leave for zero regular faculty pay for the fall semester. Also, an mail would need to be sent to HR for zero regular faculty salary override through the February pay. The foregoing is to ensure the pay received for spring semester is for one-half of the AY from a pay period perspective.
An alternative would be to multiply AY regular faculty salary by .50 (one-half of AY regular faculty salary or one semester) and divide by 8 (#of pays from January through August). The alternative creates an even salary amount for the eight-month period paying one-half of the AY regular faculty salary from January through August by processing a PCR accordingly.

18. 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 01/01
Leave for spring semester is effective 01/01 regardless of the first day of classes for spring semester.

19. 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 faculty member is NOT due any portion of the one-half of AY salary for spring semester AND process a PCR with a return date of 05/01

20. 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 05/01
If a leave is only for spring semester, the leave would end 04/30. However, if the faculty member was NOT on leave spring semester and a leave with no pay began 05/01 for summer semester, i.e. the faculty member worked spring semester, a PCR for a faculty salary override would need to be processed in April for pay equivalent to five pays, inclusive of April. The foregoing ensures the faculty member receives their full AY regular faculty salary for teaching fall and spring semesters even though a leave with no pay was processed for summer semester.

21. 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 ensure faculty member does NOT receive regular pay for the month of August

22. 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.
Assumes medical/FMLA effective date on medical certification is 08/15.
There may be a number of PCRs that will need to be processed during a medical/FMLA leave as outlined on the following slides.

23. 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
Please ensure the timekeeper correctly codes the days absent as FMLA sick (FSCK) (assumes sick time is available). Remember, a qualifying faculty member is eligible for up to 480 hours (12 weeks) of FMLA per 12-month rolling period.

24. 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.

25. 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)
If faculty member’s medical certification continues into spring semester, the medical leave return date is the last day before classes begin for spring semester AND a PCR will need to be processed to place the faculty member back on FMLA medical the first day of classes. Charge sick time for AY calendar class days during this period.
If a faculty member is released to RTW, he/she must make an appointment with UHS prior to returning to work. They will need to provide a release from their health care provider to UHS. UHS will review the release and determine whether to disapprove or approve the RTW with or without restrictions. If the RTW is with restrictions, the department head will need to determine with appropriate consultation with the Dean, Provost Office, and possibly HR and UHS if the restrictions pose any issues. The RTW from UHS must be provided to their department head before the faculty member begins work.
If the faculty member’s medical certification continues the same process is repeated for semesters and breaks (except if the faculty member is not scheduled to teach in a given semester or their FMLA medical is exhausted). If FMLA medical is exhausted, the faculty member remains on medical leave and AY calendar class days are counted as sick time assuming the faculty member has sick time available.
A faculty member may request sick time from the faculty sick bank through their department head and Dean; the Provost Office receives the request from the Dean with their recommendation. The Provost Office makes the final determination re: time requested from the faculty sick bank.
NOTE: A faculty member continues to accrue sick time as long as they remain in pay status, if time from the faculty sick bank is approved by the Provost Office, all accrued sick time must be used each pay period prior to the application of faculty sick bank time.