Family Medical Leave at the University of California

Danielle Schulte

University of California at San Diego

Human Resources

dgschulte@ucsd.edu

(858)534-8011

Agenda

California Law UC Policies Procedures for Supervisors and Department Chairs

California Law

California Family Rights Act (CFRA) Generally provides the same eligibility and rights as FMLA Exception: does not provide leave for disability on account

of pregnancy, childbirth, or related medical conditions

California Law

Pregnancy Disability Leave (PDL)

All pregnant employees eligible, regardless of date of hire or hours worked

Up to 4 months of job-protected leave during time woman is actually disabled

No benefits continuation unless concurrent with FMLA Cannot run concurrently with CFRA

California Law

Leave for baby bonding or placement of a child in foster care or adoption need not be taken all at once

Minimum duration of intermittent baby bonding leave is two weeks

A request for leave less than two weeks shall be granted on any two occasions

California Law

Diagnosis for employee’s health condition only with employee’s authorization

Cannot request diagnosis for employee’s family members

No second or third medical opinion on health condition of employee’s family members

California Law

If an employee requests a second FML leave during the same year for the same event, the employee does not have to re-qualify

Aggregate Leaves

Leaves under FMLA and CFRA are concurrent

Pregnancy Disability Leave is concurrent with FMLA but not with CFRA leave

I--------- [PDL 6-8 WEEKS] ------I

I----------- [FMLA 12 weeks] --------------------I

I------------- [CRRA 12 weeks] ----------------I

The Basics-Reasons for FML

Employee’s own serious health condition Serious health condition of employee’s child, spouse, or parent Birth of a child To bond with a newborn or child newly placed for adoption or foster

care

The Basics-Eligibility

Employee must have:

At least 12 months of UC service, including all service at any campus, medical center, or DOE laboratory

AND

Have worked at least 1250 hours during the 12 months immediately preceding the start of the leave

Employee Responsibility

If possible, employee should give supervisor 30 days advance notice

Advance notice not required if need for leave is unforeseeable

Department Responsibility

When employee requests leave, department: Notifies employee of FMLA rights and obligations Determines if more information is needed to designate

the leave

FML information packet Cover letter provisionally designating leave You Rights and Obligations Under FMLA Leave of Absence Request form Certification form(s) Declaration of Relationship

Department Responsibility

FML information packet (cont’d.) FML Benefits Checklist Record of Reduced Work/Intermittent Leave Schedule

for Exempt Employees

Certification of Need for Leave

Medical certification may be requested in accordance with applicable personnel policy or collective bargaining unit

FML Medical certification form versus doctor’s note?

Department Notice

All leaves that meet FML requirements, whether paid or unpaid, should be designated FML in writing within two working days

If in doubt, make a provisional designation For example, if employee hasn’t provided verification from

health care provider

Reduced Work Schedule/Intermittent Leave

Employee may reduce work schedule for FML reasons rather than taking a complete leave

When medically necessary, intermittent leaves are also available under FML

These types of leave should be designated in writing and the hours should be tracked

Pay

FML leave is unpaid

May use accrued paid leave (sick leave or vacation time) during FML leave Check applicable personnel policies or collective

bargaining agreements

Worker’s Compensation or UC disability insurance may supplement unpaid time during FML

Comp time cannot be used. (Why? it’s the law).

Benefits

Medical, dental, and vision coverage continues at the same level and under the same conditions during FML

Up to 12 workweeks a year

Coverage for these plans also continues while an employee is receiving UC disability benefits

May extend beyond FML period

Basic Life (UC-paid) coverage continues for up to four months after start of leave

Employee can pay for Supplemental Life and AD&D coverage for duration of leave

Benefits

Employee must arrange with Payroll Office to pay any employee premium costs

Coverage ends on employee’s last day at work for: Short-Term and Supplemental Disability Plans Worker’s Compensation Business Travel Accident insurance

Record Keeping

The employee’s home department is the “Office of Record:

FML records must be filed separately from the employee’s regular personnel file Maintain for three years

Medical records must be kept separate and confidential

Be sure to track FML time, even for exempt employees

Reinstatement

Employee is entitled to reinstatement to the same or equivalent position

If employee’s position has been abolished (end of appointment, layoff), employee entitled to same considerations as other employees

Return to Work Certification

Certification may be required if the reason for the leave was the employee’s own serious health condition

Employee’s ability to perform the essential functions of the position

If certification is required by a department, requirement must be applied uniformly

Questions?