uc time off work and leaves of absence. time off work and leave rules consider the employee’s...

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.)

06.02.2014

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

06.02.2014

Possible FMLA AbsencesWith Pay Without Pay May run concurrent w/ FMLA

Med/sick (EE or FAM) Med/sick (EE or FAM)

Childrearing* ChildrearingAAUP-Article 19 Childrearing

OIL (FOP)

Military Military

Personal (AAUP) Personal

Administrative Administrative

Special (AAUP) Special (AAUP)

Academic/Sabbatical

Professional

Educational

Disability/Extended Medical

Union* If taken with vacation pay

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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

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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

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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

06.02.2014

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

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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

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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

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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

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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)⊳ 09/30 - 08/31NOTE: HR automatically adjusts faculty salary to begin 09/01

06.02.2014

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

06.02.2014

AAUP FacultyTwo 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

…

06.02.2014


• 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 e-mail HR to make faculty salary override entry of zero to ensure

faculty member does NOT receive any regular pay for the month of August

06.02.2014


• 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 e-mail 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

06.02.2014



Effective date 01/01, if spring semester (no pay)

° College/department would have processed PCRto 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

06.02.2014



Return date 05/01, if spring semester (no pay) (last day of leave is 04/30)

° College/department will need to e-mail 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 05/01

06.02.2014



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

06.02.2014



Return date 08/15, if summer semester (no pay) (last day of leave is 08/14)

° College/department will need to process a PCRfor leave return date of 08/15 AND e-mail HR

to make faculty salary override entry of zero to ensure faculty member does NOT receive

regular pay for the month of August

06.02.2014


• 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.

06.02.2014


• 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 2015.

06.02.2014



• 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.

06.02.2014



• 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)

06.02.2014

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