Family Medical Leave at the University of California Danielle Schulte University of California at San Diego Human Resources (858)

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?