1. Protected Leave Entitlements
Overview for Managers
Ellen Loyd, PHR, SPHRca
May 2017

2. PROTECTED LEAVE ENTITLEMENTS
Family and Medical Leave Act (FMLA)
Pregnancy Disability Leave Laws (PDLL)
California Family Rights Act (CFRA)
Workers’ Compensation
Other Protected Leaves
Requesting a Leave - Employee, Supervisor and HR Responsibilities
Pregnancy Disability for Managers
9/17/2018

3. What are the Protected leave entitlements?

4. FMLA Family and Medical Leave Act of 1993
Self
Family Member
Bonding
Military Caregiver & Qualifying Exigency

5. Serious Health Condition
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
Any period of incapacity due to pregnancy, or for prenatal care; or
Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
DOL Wage and Hour Division (WHD) Fact Sheet

6. FMLA Eligibility and Entitlement
To qualify, you must have at least:
12 months of cumulative University service (need not be consecutive) and
Physically Worked at least 1,250 hours during the 12 months prior to the requested leave. Vacation , sick leave, holiday, and paid administrative leave hours do not count towards the 1,250
“Provides 12 workweeks (or 480 hours for an employee working 40 hours a week) of protected leave per calendar year
UC contributions for medical, dental, and vision plans continue during this period on the same terms as if you had been working
Job Protected Leave

7. Supplemental FML
Under Personnel Policies for Staff Members (PPSM), supplemental FML may be used for:
An FML qualifying event (e.g. your own SHC, SHC of a designated family member, bonding);
If the need for FML that is in progress continues beyond the federal FML period;
An additional twelve (12) workweeks or until the end of the calendar year, whichever is less; and
Sustained and/or intermittent leave

8. CFRA California Family Rights Act
It allows 12 weeks/calendar year of protected time off to bond with newborn/adopted child
It can begin when PDL Leave ends
If you qualify for FMLA at the time PDL begins, you need not re-qualify for CFRA leave if you take baby bonding leave immediately after the PDL ends
CFRA may run concurrently with FMLA (if FMLA entitlement remains)
UC contributions for medical, dental, and vision continue during this period on the same terms as if working
Job Protected Leave

9. CFRA NOTES
CFRA leave for baby bonding must be taken within 1 year of the birth/placement of the child
“Reduced Schedule or Intermittent Leave
The basic minimum duration of any Parental Bonding Leave is two (2) weeks. However, the University will grant an employee’s request for a Parental Bonding Leave of less than two (2) weeks’ duration on any two occasions. Otherwise, the employee may only take Parental Bonding leave for a period of less than two (2) weeks or intermittently or on a reduced schedule at the discretion of the employee’s supervisor and then only according to an agreed schedule.”

10. PDL Pregnancy Disability Leave
Pregnancy Disability Leave Laws
In California, an employee may take up to 4 months of unpaid leave for a pregnancy-related disability
PDL runs concurrently with FMLA up to 12 work weeks
Medically Advisable
UC contributions for medical, dental, and vision plans continue during this period on the same terms as if you had been working
Job Protected Leave
PDL may include, but is not limited to, additional or more frequent breaks, time for prenatal or postnatal medical appointments, doctor-ordered bed rest, “severe morning sickness,” gestational diabetes, pregnancy-induced hypertension, preeclampsia, recovery from childbirth or loss or end of pregnancy, and/or post-partum depression.

11. FMLA PDL CFRA FMLA and PDL run concurrently
After PDL is exhausted or employee is no longer disabled (whichever is earlier) CFRA begins employee has 12 weeks leave under CFRA to bond with child
Employee may be entitled up to a total of 7 months leave (4 months PDL + 3 months CFRA)

12. Scenario

13. Pregnancy Disability Leave Workshop
To enroll:
Go to the UC Learning Center
Log in with your employee ID
Search for "pregnancy"
Select and register for your desired session

14. Workers’ Compensation
State-mandated insurance program for employees who incur job-related injuries and illnesses.
California employers are required by law to have workers' compensation insurance, even if they have only one employee. These laws are based on the CA Labor Code
UC is self-insured for worker’s compensation through a Third Party Administrator (TPA) - Sedgwick.
You must report the injury within 24 hours. To do so, complete the Employee Incident Form (HR workers’ compensation page) or call
If the employee is hospitalized, this MUST BE
reported to OSHA within 8 hours. Notify EH&S
and DMS immediately.
Time off for a work related injury may run
concurrently with FML. If the employee is
not FML eligible, we still cannot deny WC leave

15. Other Protected Leave Entitlements
Kin Care – take ½ of sick leave accrued annually to care for an ill close family member
School Partnership Act – parents/guardians may take up to 40 hours unpaid leave/year to participate in school-approved activities
Victims of Domestic Violence & Sexual Assault –job protected leave to seek services related to domestic violence, sexual assault, attend court and/or obtain a restraining order
Lactation Accommodations -breastfeeding mothers can use their regular paid breaks to pump milk. If more time is needed additional unpaid break time must be provided.
For more info consult HR/LER

16. Reasonable Accommodation
State and Federal law requires covered employers to reasonably accommodate an employee’s disability.
Certification from a health care provider outlining the work restrictions is required to ensure we have an understanding of:
The date the restrictions became medically advisable.
The probable duration of the restrictions.
Good faith interactions to determine what accommodations,
if any, will allow the employee to return to work.

17. Who is responsible for what when a leave is needed?

18. Employee Responsibilities
Notify Supervisor/Dept. if LOA is needed 30 days in advance, if practicable
Request FML packet from the HR Generalist
Work with health care provider to insure medical certification is returned within 15 days
Complete & return Leave of Absence (LOA) form to HR Generalist.
Review the LOA dates, personal payments and disability payment options and plan out LOA pay and balance usage.

19. Employee Responsibilities
Use agreed upon call in procedures to notify of absences
Designate FML at the time of notice (e.g. when s/he calls in that day)
Appropriately document FML time in HBS and/or to HR Generalist
Confer with appropriate parties on establishing work hand-offs

20. Employee Responsibilities
Continue to follow UC and dept. policies and work rules
Check in with supervisor and/or HR to confirm return to work date.
Submit timely documentation if the leave is extended and/or accommodations are required as part of the return to work process

21. Supervisor Responsibilities
If the employee discloses enough information to lead you to believe a protected leave may be necessary, refer the employee to HR.
Follow up with the employee in writing and cc: the HR Generalist. Do not hesitate to ask HR for help communicating.
If an employee is out for 3 consecutive (full or partial) days, notify the HR Generalist of their absence so they can initiate the leave process as appropriate.
Forward any medical documentation to HR Generalist; be sure you have an understanding of the duration and type of leave.
Sign the LOA form upon receipt – you cannot deny a protected leave

22. Supervisor Responsibilities
Monitor completion of time sheets in HBS. You must review each pay period to ensure that employees on:
Full LOA are not to be completing time sheets
Intermittent LOA are reporting their use consistent with the amount of leave taken.
If you receive the employee’s release to return to work note, forward it to your HR Generalist.
If the employee returns absent medical documentation, confer with HR Generalist as to whether a release was provided to HR or if the employee needs to be instructed to leave work and obtain proper medical certification from their doctor.

23. Supervisor Responsibilities
Contact HR Generalist and/or DMS if the employee returns with restrictions and assistance is needed in accommodating the restrictions or developing a transitional work plan (TWP)
Work with your HR Generalists on assessing options for continuation of business needs (e.g. temp, contract employee, reassignment of some tasks to another staff, etc.).
Contact Labor Relations for guidance on implementation of performance improvement/disciplinary actions needed upon return to work, time frame for regular performance evaluations, etc.

24. HR’s Responsibilities
The HR Generalist helps you manage the leave by:
Noticing and designating protected leaves and providing appropriate leave of absence forms
Provide guidance to the department and employee (requesting updated documentation to ensure that they have correct information regarding the leave)
Advising employee/supervisor on inputting hours in HBS
Providing general leave information.

25. Call us. We are here to help.
Who are your Resources?
Find my HR rep:
Disability Manager -Judy Rosen
HR Staff Manager – Ellen Loyd
Director Staff Shared Services – Katy Rau
Call us. We are here to help.