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Article 14: Leaves of Absence

A. GENERAL PROVISIONS

Subject to the provisions of this Article, leaves of absence may be with or without pay, may be for medical purposes and/or non-medical reasons, and are subject to the approval of the University. Nothing shall preclude the University, on a campus-by-campus basis, from establishing, implementing, or continuing a Catastrophic Illness or Injury Leave policy covering Clerical and Allied Services unit employees.

  1. DEFINITIONS
    1. Non-medical leaves of absence, with or without pay, include: Family Care Leave, leave for jury duty, voting, blood donations, administrative or legal proceedings, emergencies, and University functions.
    2. Medical Leaves with or without pay, include: Pregnancy Disability Leave, Family Care/Medical Leave, and Disability Leave.
    3. FMLA is the federal Family and Medical Leave Act of 1993.
    4. CFRA is the California Family Rights Act of 1995.
  2. USE OF FAMILY CARE AND MEDICAL LEAVE ENTITLEMENT
    1. If an employee eligible for a Family Care/Medical Leave takes a leave for her/his own serious health condition, (as defined in §B.1.d. below), the absence from work shall be deducted from the employee's Family Care/Medical Leave entitlement.
    2. If an employee is ineligible for Family Care/Medical Leave or if the employee has exhausted her/his leave year entitlement, an approved disability leave of absence may be provided for the period(s) an eligible employee is absent from work for verifiable medical reasons as provided in §C. and §D. of this Article.
  3. BENEFIT ELIGIBILITY WHILE ON LEAVE WITHOUT PAY
    1. Special Benefit Eligibility For Family Care/Medical Leaves - An eligible employee shall have University-provided health benefits continued for the period of the Family Care/Medical Leave in accordance with §B.9. of this Article.
    2. An approved leave without pay shall not be considered a break in service.
    3. The provisions of Article 36 - Sick Leave, Article 44 - Vacation, and Article 42 - University Benefits, shall apply when employees are on an approved leave without pay.
    4. An eligible employee on approved leave without pay may elect to continue University-sponsored insurance coverages (as determined by plan documents or regulations) for the period of the leave by remitting the entire premium amount due for the period of the approved leave, in accordance with the provisions of the applicable plan(s). Regulations of the retirement systems determine the effects of leave without pay on retirement benefits.
  4. REQUESTS FOR LEAVE
    Except as provided under §B.3., Family Care/Medical Leave Notification, requests for leaves of absence and extensions, with or without pay, shall be submitted in writing to the University. Such requests shall be submitted sufficiently in advance of the requested leave date to provide the University time to assess the operational impact of granting the request. All requests for leaves of absence shall contain the requested beginning and end date of the leave, and any additional information as required.
  5. DURATION
    1. The start date of the leave, the terms of the leave and the date of return from the leave are determined when the leave is granted, and shall be communicated to the employee, in accordance with the provisions of this Article. Except as provided under §B.3.b., Family Care/Medical Leave, written confirmation shall be provided when the University determines such confirmation is appropriate.
    2. Except as provided for under Pregnancy Disability, §C.1.a.2., the aggregate maximum of leaves taken in any combination shall not exceed six (6) months in any one (1) year period.
    3. No employee with a predetermined appointment end date or predetermined date of separation shall be granted a leave of absence beyond her/his appointment end date or the predetermined date of separation.
  6. RETURN TO WORK
    1. Except as provided in §B, Family Care/Medical Leave, §C, Pregnancy Disability Leave, and Article 17 - Military Leave, an employee who has been granted an approved leave with or without pay shall be reinstated to the same or a similar position in the same department upon expiration of the leave, in accordance with the Provisions of this Article. If the position held has been abolished or affected by layoff during the leave, the employee shall be afforded the same considerations which would have been afforded had that employee been on pay status when the position was abolished or affected by layoff.
    2. Failure to provide a medical release to return to work, as required in §B.5 and §D.4., may result in the delay of reinstatement until the employee submits the required medical release certification.
    3. An employee who has exhausted her/his original leave entitlement and who has been granted additional leave under another section of this Article, shall be reinstated in accordance with the provisions of the section under which the additional leave was granted. The employee shall be advised in writing, at the time the additional leave is granted.
    4. An employee who fails to return to work from a leave of absence on the approved anticipated date of return shall be considered to have abandoned her/his job, in accordance with Article 30, - Resignation/Job Abandonment.
B. FAMILY CARE AND MEDICAL LEAVE

Family Care Leave includes Parental Leave and Family Illness Leave. Medical Leave is provided for the employee's own serious health condition.

  1. DEFINITIONS
    1. PARENTAL LEAVE is leave to care for the employee's newborn or a child who has been placed with the employee for adoption or foster care.
    2. FAMILY ILLNESS LEAVE is leave to care for the employee's child, parent, or spouse or same- or opposite-sex domestic partner with a serious health condition.
    3. A FAMILY MEMBER for the purposes of family care leave is the employee's biological, adopted, or foster child, stepchild or legal ward who is under eighteen (18) years, a child for whom the employee stands in loco parentis, or an adult dependent child; a biological, foster, or adoptive parent, stepparent or legal guardian, an individual who stood in loco parentis while the employee was a child; or spouse, or same- or opposite-sex domestic partner.
    4. A SERIOUS HEALTH CONDITON FOR THE PURPOSES OF FAMILY ILLNESS LEAVE is an illness, injury, impairment, or physical or mental condition which warrants the participation of the employee to provide supervision or care during a period of treatment or incapacity including psychological comfort.
    5. MEDICAL LEAVE is leave granted for the employee's own serious health condition which makes the employee unable to perform any one or all of the essential assigned functions of the employee's position. An employee disabled because of pregnancy-related conditions is covered under §C. - Pregnancy Disability, below.
    6. AN EMPLOYEE'S OWN SERIOUS HEALTH CONDITION is an illness, injury, impairment, or physical or mental condition, that renders the employee unable to perform any one or all of the essential functions of the employee's position and involves the following:
      1. Inpatient care in a hospital, hospice, or residential medical care facility, or
      2. Continuing treatment by a health care provider for:
        (a) A period of incapacity of more than three (3) consecutive calendar days, or
        (b) Any period of incapacity or treatment due to a chronic serious health condition, or
        (c) Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.
    7. A HEALTH CARE PROVIDER is an individual who is licensed in California or is duly licensed in another State or jurisdiction, to hold either a physician's and surgeon's certificate or an osteopathic physician's and surgeon's certificate, or who is duly licensed as a podiatrist, dentist, clinical psychologist, optometrist, chiropractor (limited to the treatment of the spine to correct a subluxation as demonstrated by x-ray to exist), nurse practitioner or nurse mid-wife performing within the scope of her/his duties, or Christian Science practitioner or any health care provider that the employee's health plan carrier recognizes for purposes of payment.
    8. "1,250 HOURS OF ACTUAL SERVICE" means time actually spent at work and does not include any paid time off including but not limited to an employee's use of accrued vacation, compensatory time, or sick leave, nor does it include time paid for holidays not worked or time spent in unrestricted on-call status.
  2. ELIGIBILITY CRITERIA AND DURATION
    1. Employees who have at least twelve (12) cumulative months of University service, and have at least 1,250 hours of actual service during the twelve (12) month period immediately preceding the commencement of the leave, are eligible for and shall be granted up to a total of twelve (12) workweeks of Family Care/Medical Leave in a calendar year. For the purposes of this Article and section, only, all prior University service, including service with the Department of Energy Laboratories, shall be used to calculate the twelve-month service requirement.
    2. Family Care/Medical Leave is unpaid leave, except as otherwise provided in this Article.
      1. An employee's use of her/his accrued Compensatory Time Off cannot be deducted from the twelve (12) workweek Family Care/Medical Leave maximum, and shall not be granted. All other time off used for family care and/or medical leave purposes, including Work Incurred Injury and Illness leave, shall be deducted from the twelve (12) workweek Family Care/Medical Leave maximum.
      2. Family Care/Medical Leave shall not exceed twelve (12) workweeks in a calendar year. In the event University policy and/or State or Federal law result in a different date of commencement for this twelve-month period, the commencement period for employees in this bargaining unit shall conform to the commencement date generally applicable to other University employees.
    3. If the employee has exhausted her/his entitlement to Family Care/Medical Leave, s/he may apply for additional leave pursuant to this Article.
  3. NOTIFICATION
    1. If the employee learns of the event giving rise to the need for leave more than thirty (30) calendar days in advance of the leave's anticipated initiation date, the employee shall give the University at least thirty (30) calendar days notice of the need for leave. An employee who fails to give thirty (30) days' notice for a foreseeable leave with no reasonable basis for the delay, may have the family care and/or medical leave delayed until thirty (30) days after the date on which the employee provides notice.
      1. If the need for leave is foreseeable due to a planned medical treatment or the supervision of a family member's medical treatment, the employee shall make reasonable efforts to schedule the treatment so as to not unduly disrupt the University's operations.
      2. If the need for leave is unforeseeable or actually occurs prior to the anticipated date of foreseeable leave, the employee shall provide the University with as much notice as practicable and, at a minimum, within five (5) calendar days after learning of the need for leave.
    2. The University shall determine whether the employee meets the eligibility requirements and therefore qualifies for a Family Care/Medical Leave and shall, as soon as practicable, notify the employee whether the leave is designated or provisionally designated as Family Care/Medical Leave. The start date of the leave, the terms of the leave and the date of return from the leave are determined when the leave is granted.
    3. Extensions to the Family Care/Medical Leave, up to the aggregate maximum of twelve (12) weeks in a calendar year, may be granted in accordance with §B.4.e. of this Article.
  4. CERTIFICATION
    1. FOR THE EMPLOYEE'S OWN SERIOUS HEALTH CONDITION. When a leave of absence is requested for the employee's own serious health condition, the University may, at its discretion, require that an employee's request for leave be supported by written certification issued by the employee's health care provider.
      When the University requires certification, the University shall inform the employee of its requirement in writing. Certification may be provided by the employee on a form given to the employee by the University and shall, regardless of the format in which it is provided, include:
      1. Certification that the employee has a serious health condition as defined in §B.1.f., above, and
      2. A statement as to whether the employee is unable to perform any one or more of the essential assigned functions of the position including a statement of the function(s) the employee is unable to perform, and
      3. The date on which the employee's serious health condition began, if known, the probable duration of the condition and the employee's probable date of return, and
      4. Whether it will be necessary for the employee to take leave intermittently or to work on a reduced work schedule, and if so, the probable duration of such schedule, and,
      5. If the condition is chronic and the employee is presently incapacitated, the duration and frequency of episodes of incapacity.
    2. FOR THE EMPLOYEE'S FAMILY MEMBER. When a leave of absence is requested for the serious health condition of the employee's family member, the University may, at its discretion, require that an employee's request for leave be supported by written certification issued by the family member's health care provider. When the University requires certification, the University shall inform the employee in writing. Certification may be provided by the employee on a form given to the employee by the University and shall, regardless of the format in which it is provided, include:
      1. Certification that the employee's family member has a serious health condition as defined in §B.1.d., above, and
      2. A statement that the family member's serious health condition warrants the participation of the employee to provide supervision or care during a period of the treatment or incapacity or psychological comfort, and
      3. Whether the employee's family member will need care intermittently or on a reduced work schedule and the probable duration that the employee is needed to provide care.
      4. In addition, the employee will be required to certify either on the form or separately the care s/he will provide the family member and the estimated duration of the period of care.
    3. CONFIRMATION OF FAMILY RELATIONSHIP. The University may, at its sole non-grievable discretion, require an employee requesting leave to care for a family member with a serious health condition or requesting Parental leave, to provide documentation of the familial relationship or proof of birth, placement for adoption or in foster care. The employee's failure to provide documentation within fifteen (15) calendar days of the University's request may, at the sole non-grievable discretion of the University, result in either:
      1. A delay of the leave until the required documentation is provided or
      2. If the leave has not begun, it will be denied. If the leave has begun, the leave will not be designated as Family and Medical Care Leave and may be discontinued by the University.
    4. QUESTIONED MEDICAL OPINIONS. Should the University question the validity of the employee's certification for her/his own serious health condition the University may, at its sole non-grievable discretion, require the employee to obtain a second medical opinion from a second health care provider selected by the University. Should the second medical opinion differ from the opinion of the employee's own health care provider, the University may, at its sole non-grievable discretion, require a third medical opinion from a third health care provider, jointly agreed to by the employee and the University. The University shall bear the cost of the second and third opinions, and the third opinion shall be final.
    5. ADDITIONAL CERTIFICATION AND/OR RECERTIFICATION. If additional leave is requested or should the circumstances of the leave change, the University may, at its sole non-grievable discretion, require the employee to obtain recertification. Such requests for subsequent certification and/or recertification may be either verbal or in writing.
      1. If certification and/or recertification is required, the employee shall return the certification within fifteen (15) calendar days of the University's request, where practicable.
      2. Failure to provide certification and/or recertification for a foreseeable leave within the requested time may result in delay of the leave until the required certification is received. Failure to provide certification for an unforeseeable leave within the requested time period may result in discontinuance of the leave until the required certification is provided. If the employee fails to provide certification, the leave is not Family Care/Medical Leave and will be denied as family care leave, in accordance with the provisions of §B.4.c.2.
    6. FAILURE TO PROVIDE COMPLETE CERTIFICATION AND/OR RECERTIFICATION. If the employee fails to provide a completed certification and/or recertification, the employee shall be given at least fifteen (15) calendar days to perfect the certification and/or recertification. Failure to perfect an incomplete certification and/or recertification within the requested time period may result in delay of the leave or discontinuance of the leave until the required certification and/or recertification is provided. If the employee fails to provide a complete certification and/or recertification, the leave is not Family Care/Medical Leave and will be denied in accordance with the provisions of §B.4.c.2.).
  5. RETURN FROM FAMILY CARE/MEDICAL LEAVE FOR OWN HEALTH CONDITION
    1. The employee shall provide her/his employing department at least ten (10) days notice of her/his anticipated return to work.
    2. An employee who has been granted a Family Care/Medical Leave for her/his own serious health condition, must provide a written medical release to return to work prior to returning to work.
    3. The employee who has been medically released to perform the essential assigned functions of her/his job, shall be returned in accordance with the provisions of §B.10.
    4. Failure to provide a medical release to return to work may result in the delay of reinstatement until the employee submits the required medical release certification.
  6. USE OF ACCRUED PAID LEAVE
    1. Family Care/Medical Leave is unpaid, except for the use of sick leave and/or the use of accrued vacation, as provided in this Article:
    2. An employee on leave for her/his own serious health condition:
      1. Shall use accrued sick leave in accordance with the University's disability plan requirements; or
      2. If not eligible for University disability benefits and not on leave as a result of a work-incurred injury or illness, shall use all accrued sick leave prior to taking leave without pay; or
      3. If on leave due to a work-incurred injury or illness, may use accrued sick leave as provided in Article 45, - Work Incurred Injury or Illness.
    3. An employee on leave for her/his own serious health condition shall use accrued vacation time prior to taking leave without pay, if all accrued sick leave has been exhausted.
    4. An employee on Family Care Leave for Family Illness may use sick leave in accordance with Article 36 - Sick Leave, §B.3., and shall use accrued vacation time prior to taking leave without pay.
  7. DURATION
    1. For the purposes of Family Care/Medical Leave, only, twelve (12) workweeks is equivalent to four-hundred eighty (480) hours of scheduled work for full-time career and floater employees who are normally scheduled for an eight (8) hours per day five (5) days per workweek (8/40) schedule. While the use of Family Care/Medical Leave need not be consecutive, in no event shall an employee's aggregate use of Family Care/Medical Leave exceed a total of twelve (12) workweeks within a calendar year.
    2. HOURLY CONVERSION FOR PART-TIME OR ALTERNATIVELY SCHEDULED EMPLOYEES. For employees who work part-time or a schedule other than an 8/40, the number of Family Care/Medical Leave hours to which the employee is eligible shall be adjusted in accordance with her/his normal weekly work schedule. An employee whose schedule varies from week to week is eligible for a pro-rated amount of Family Care/Medical Leave based on her/his hours worked over the previous twelve (12) weeks preceding the leave.
    3. EMPLOYEE REQUESTS FOR REDUCED WORK SCHEDULES. When medically necessary and supported by medical certification, the University shall grant an eligible employee's request for a reduced work schedule or intermittent leave including absences of less than one (1) day. When granted, the University will count only the time actually spent on the intermittent leave or reduced work schedule towards the employee's entitlement of four-hundred eighty (480) hours in a calendar year.
    4. ALTERNATE ASSIGNMENTS TO ACCOMMODATE INTERMITTENT LEAVE OR REDUCED WORK SCHEDULE. When the employee requests an intermittent leave or a reduced work schedule, the University may, at its sole, non-grievable discretion, require the employee to transfer temporarily to an available alternate position for which the employee is qualified and which better accommodates the employee's recurring period of leave. Such transfer shall have equivalent pay and terms and conditions of employment, but does not need to have equivalent duties.
  8. PARENTAL LEAVE
    1. Parental Leave is a form of Family Care/Medical Leave to care for the employee's newborn or a child placed with the employee for adoption or foster care. Such leave must be initiated and concluded within one (1) year of the birth or placement of the child. The University shall grant a Parental Leave subject to the limitations described below. If requested and taken immediately following a Pregnancy Disability Leave, an employee eligible for FMLA/CFRA at the beginning of her Pregnancy Disability leave shall be granted the unused portion of CFRA/FMLA leave for Parental Leave purposes, up to a maximum of twelve (12) workweeks. The amount available for use is determined by the amount which the employee has previously used under CFRA/FMLA in the calendar year.
    2. REQUESTS FOR PARENTAL LEAVE. The employee shall request Parental Leave sufficiently in advance of the expected birth date of the child or placement of a child for adoption or foster care to allow the University to plan for the absence of the employee. The anticipated date of return from Parental Leave shall be set at the time such leave commences, or if requested in conjunction with a Family Care/Medical Leave on account of the pregnancy/childbearing disability, shall be set at the time such Family Care/Medical Leave commences. Parental Leave, when taken for adoption or foster care, could commence prior to the date of placement.
    3. DURATION. Parental Leave, alone, shall not exceed twelve (12) workweeks within a calendar year as defined in §B.2.b.2). and B.7., above. However, when Parental Leave is combined with a leave for pregnancy-related and/or childbearing disability only, the total Family Care/Parental Leave shall not exceed seven (7) months in a calendar year.
      1. An employee on Parental Leave shall use accrued vacation time prior to taking leave without pay.
      2. The University shall grant a Parental Leave of at least two (2) weeks duration on any two (2) occasions during the leave year.
      3. The University, at its sole non-grievable discretion, may require that any additional Parental Leave requested during this same time period be for a minimum duration of two (2) weeks, unless otherwise required by law.
  9. CONTINUATION OF HEALTH BENEFITS
    An eligible employee who is on an approved Family Care and/or Medical Leave shall be entitled to continue participation in health plan coverage (medical, dental, and optical) as if s/he were on pay status for a period of up to twelve (12) workweeks in the calendar year. However, an employee on an approved Pregnancy Disability Leave who is dually eligible for leave under the federal Family and Medical Leave Act and the California Family Rights Act, shall be entitled for up to twelve (12) workweeks of health plan coverage for the combined Pregnancy Disability Leave/Parental Leave which runs concurrently with FMLA and/or CFRA. Other group insurance coverage and retirement benefits shall be continued in accordance with the provisions of the applicable group insurance and retirement system regulations.
  10. RETURN TO WORK
    When an employee has been granted an approved Family Care/Medical Leave of Absence and returns within twelve (12) workweeks of the initiation of the leave, s/he shall be reinstated to the same or an equivalent position upon expiration of the leave. If the position has been abolished or otherwise affected by layoff and an equivalent position is not available, the employee shall be afforded the same considerations that would have been afforded had the employee been on pay status when the position was abolished or affected by layoff. No employee with a predetermined appointment end date or predetermined date of separation shall be granted a leave of absence beyond her/his appointment end date or the predetermined date of separation. An employee who has been granted a Family Care/Medical Leave for her/his own health condition, may be required by the University to provide a written medical release to return to work prior to her/his return to work.

C. PREGNANCY DISABILITY LEAVE

  1. DURATION
    1. During the period of verified pregnancy-related and/or childbearing disability, an employee is entitled to and the University shall grant up to four (4) months of Pregnancy Disability Leave for pregnancy/childbearing disability purposes.
    2. DURATION. If the employee is eligible for Family Care/Medical Leave, pursuant to §B, above, such leave shall be deducted from an employee's federal Family and Medical Leave entitlement.
      1. If the pregnancy-related/childbearing medical disability continues beyond four (4) months, a medical disability leave of absence may be granted in accordance with §D., below, for a total medical absence not to exceed six (6) months.
      2. Additionally, the employee may be eligible for Parental Leave, pursuant to §B.8., above, to care for her newborn child. The total Family Care Leave, when combined with a Pregnancy Disability Leave, shall not exceed seven (7) months in the calendar year.
    3. PREGNANCY DISABILITY LEAVE MAY CONSIST OF leave with or without pay; however, an employee shall be required to use accrued sick leave in accordance with the University's Disability Plan. If sick leave is exhausted, the employee may elect to use accrued vacation time before taking leave without pay.
    4. ADDITIONAL FAMILY CARE LEAVE IN THE CALENDAR YEAR. Upon termination of the Pregnancy Disability Leave, which runs concurrently with federal Family Care/Medical Leave, an eligible employee shall also be entitled to the unused portion of CFRA/FMLA leave up to a maximum of twelve (12) workweeks for any covered reason except leave for a pregnancy-related medical condition. The amount available for use is determined by the amount that the employee has previously used under FMLA/CFRA in the calendar year.
  2. AS AN ALTERNATIVE TO OR IN ADDITION TO PREGNANCY DISABILITY LEAVE, the University shall temporarily transfer a pregnant employee to a less strenuous or hazardous position upon the request of the employee and with the advice of the employee's health care provider, if the transfer can be reasonably accommodated. For the purpose of this section, a temporary transfer includes a temporary modification of the employee's own position to make it less strenuous or hazardous. A temporary transfer under this section is considered time worked and shall not be counted toward an employee's entitlement of up to four (4) months of pregnancy disability leave, unless the employee is also on a reduced work schedule or an intermittent leave schedule.
  3. REDUCED WORK SCHEDULE - When medically necessary, and supported by medical certification, the University shall grant an employee Pregnancy Disability Leave on a reduced work schedule or on an intermittent basis including absences of less than one (1) day. Only the time actually spent on the intermittent or reduced leave schedule shall be counted towards the employee's entitlement of four (4) months in any twelve (12) month period.
  4. RETURN TO WORK - An employee who has been granted a temporary transfer and/or Pregnancy Disability Leave shall be reinstated to the same position, provided that the employee returns to work immediately upon termination of the Pregnancy Disability Leave and provided that the aggregate duration of all leaves granted for a given pregnancy does not exceed four (4) months. If the same job has been abolished or affected by layoff, the employee shall be reinstated to a similar job. If a similar position is not available, the employee shall be afforded the same considerations which would have been afforded had that employee been on pay status when the position was abolished or affected by layoff. The date of reinstatement is determined when the leave is granted.
  5. CONTINUATION OF BENEFITS
    An employee on Pregnancy Disability Leave who is also eligible for leave under the federal Family and Medical Leave Act and the State of California Family Rights Act, shall be entitled, if eligible, to continue participation in health plan coverage (medical, dental, and optical) as if on pay status for up to twelve (12) workweeks in the calendar year. Other group insurance coverage and retirement benefits shall be continued in accordance with the provisions of the applicable group insurance and retirement system regulations.

D. DISABILITY LEAVES OTHER THAN FMLA/CFRA/PREGNANCY DISABILITY ENTITLEMENT

  1. A disability leave of absence is the period(s) an eligible career employee is granted leave from work for medical reasons in accordance with §D.2., below. This leave includes the combined use of accrued sick leave and the disability leave of absence without pay in accordance with the provisions of this Article and Article 36 - Sick Leave. Disability leaves of absence with or without pay are provided for leaves due to non-work related illnesses or injuries.
  2. ELIGIBILITY
    1. An employee may be eligible for a disability leave of absence with or without pay when s/he has exhausted her/his twelve (12) workweek Family Care/Medical Leave entitlement in the calendar year, or s/he is not otherwise eligible for Family Care/Medical Leave, or the employee has exhausted her four (4) month entitlement under Pregnancy Disability Leave, and s/he:
    2. Is medically incapable of performing the essential assigned functions of her/his job due to a non-work related illness or injury; and
    3. Has furnished evidence of disability satisfactory to the University.
  3. DURATION
    1. When the use of accrued sick leave and a disability leave of absence without pay are combined, the University may grant a disability leave for a total period of verified disability not to exceed six (6) months.
    2. An employee granted a disability leave who is also applying for University disability for non-work related disability purposes shall use all accrued sick leave in accordance with the University's disability plan prior to taking leave without pay.
    3. In the event that the employee's accrued sick leave is greater than six (6) months, a disability leave of absence without pay in addition to the use of all accrued sick leave, shall not be granted.
    4. If an extension to a disability leave of absence within the total six (6) month period is not granted, an employee will be medically separated in accordance with Article 16, - Medical Separation of this Agreement.
    5. An employee who is receiving long term disability payments from a retirement system to which the University contributes will be medically separated on the basis of medical condition in accordance with Article 16 - Medical Separation of this Agreement.
  4. RETURN TO WORK
    The employee shall not be reinstated from a medically-related leave of absence until a medical release certification is provided to the University within the time limits specified by the department. A medical release certification shall include a statement by the employee's health care provider of the employee's ability to perform the essential functions of the position.

E. PERSONAL LEAVE OF ABSENCE WITHOUT PAY

  1. A non-probationary career employee may be granted a Personal Leave of Absence without Pay at the sole non-grievable discretion of the University. Such leave shall not exceed six (6) calendar months. Personal Leave without Pay shall not be considered a break in service and shall not determine eligibility for benefits except that the regulations of the retirement systems must be specifically checked to determine the effects of such leave without pay on retirement benefits.
  2. The University, at its sole non-grievable discretion, may approve extension of a personal leave of absence without pay. Total leave time is normally not more than twelve (12) months.

F. LEAVES OF ABSENCE WITH PAY

  1. JURY DUTY
    A full-time employee in a career position on any shift or work schedule shall be granted leave with pay for actual time spent on jury service and in related travel, not to exceed the number of hours in the employee's normal work day and the employee's normal workweek. A part-time employee in a career position shall be granted leave with pay for actual time spent on jury service and in related travel which occur during the employee's regularly scheduled hours of work.
  2. VOTING
    An employee shall be granted leave with pay, up to a maximum of two (2) hours, for voting in a statewide primary or general election if the employee is scheduled to work eight (8) hours or more on that day and does not have time to vote outside of working hours.
  3. BLOOD DONATIONS
    An employee may be granted leave with pay, up to a maximum of two (2) hours, for donating blood during regularly scheduled hours of work.
  4. ADMINISTRATIVE OR LEGAL PROCEEDINGS
    1. When an employee is attending administrative or legal proceedings as directed by the University or is subpoenaed by the University to appear as a witness in an administrative or legal proceeding, leave without loss of straight time pay will be granted for actual time spent in the proceedings and in related travel not to exceed the number of hours in the employee's normal work day and workweek.
    2. An employee subpoenaed by the State or a political subdivision thereof when the State or political subdivision is prosecuting a person for an offense which the employee, by virtue of being on University premises during scheduled work hours, witnessed, shall be granted leave without loss of straight time pay for actual time spent in the proceedings and in related travel time not to exceed the employee's normal work day and workweek.
    3. The granting of leave without loss of straight time pay status for other employment-related situations where an employee has been subpoenaed shall be at the sole non-grievable, non-arbitrable discretion of the University.
  5. EMERGENCIES
    In the event of natural or man-made emergencies, an employee may be granted leave with straight time pay during regularly scheduled hours of work for the period of time authorized by the University. The granting of such leave and the period of time shall be at the sole, non-grievable discretion of the University.
  6. UNIVERSITY FUNCTIONS
    At the sole, non-grievable discretion of the University and on a campus basis and within a campus basis, an employee may be granted leave during regularly scheduled hours of work to attend Commencement exercises, Charter Day exercises and other University meetings or functions as designated by the University. Such leave, when granted, shall be without loss of straight-time pay.

http://www.cueunion.org/bargaining/contract/art14.php        21-November-2008 13:38:19
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