614. Family and Medical Leave
Statement
Under the Family and Medical Leave Act, as amended (FMLA) and the California Family Rights Act, as amended (CFRA), an employee will be granted a family or medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. Accordingly, this policy incorporates the FMLA and CFRA notices that are included as appendices A and B of the Staff Policy Manual. No greater or lesser leave benefits will be granted than those set forth in such state or federal laws. Employees will be eligible for the most liberal benefits available under either law. To the extent permitted by law, any leave of absence that is granted to an employee under this policy or any other policy for a purpose specified above shall be credited against the applicable 12-week or 26-week limit contained in this policy.
Eligibility
To be eligible for family and medical leave benefits, an employee must:
- have worked for a total of at least twelve (12) months; and
- have worked at least 1,250 hours in the previous 12 months prior to the start of the leave.
Qualifying Family and Medical leaves
Eligible employees may receive up to a total of 12 work weeks of leave during a rolling 12-month period for one or more of the following reasons:
- incapacity due to pregnancy, prenatal medical care or childbirth; the birth of a child, and to care for a new born child, during the first year of life; placement of a child for adoption or foster care, and to care for an adopted child or child in foster care, during the first year;
- care of a spouse or person who stands in substantially the same relationship, parent, son or daughter with a serious health condition; and/or anyone with whom the employee has an in loco parentis relationship; (note: if both parents, biological or adoptive are Santa Clara University employees working in the same department, leave will be granted to only one parent at a time);
- An employee's own serious health condition that renders the employee unable to perform the essential functions of the employee's job;
- A qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.
Eligible employees may receive up to 26 weeks in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty request.
Additional leave may be granted as an accommodation if required by the Americans with Disabilities Act, as amended. Under some circumstances, employees may take family and medical leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.
Pregnant employees may have the right to take a pregnancy disability leave (refer to the Pregnancy Disability) in addition to a family leave; such employees should contact Human Resources regarding their individual situations.
Qualifying Family and Medical leaves
Eligible employees may receive up to a total of 12 work weeks of leave during a rolling 12-month period for one or more of the following reasons:
Process
Notice and Certification Requirements
Employees seeking to use family and medical leave are responsible for providing their supervisor and the Department of Human Resources with at least 30 days advance notice when the need for the leave is foreseeable. Employees are also responsible for providing the required completed forms regarding their request for a family and medical leave to the Department of Human Resources, including medical certification (both prior to the leave and prior to reinstatement). Employees may also be required to provide periodic recertification and periodic reports during the leave, as applicable.
Employees requesting a family or personal medical leave should contact their Benefits Specialist in the Department of Human Resources regarding their individual situations and to get information regarding the specific notification and approval requirements for their leave. For purposes of short and/or long term disability, all medically related leaves are subject to approval by the appropriate plan provider. Family and medical leave request forms are available at Benefit Forms & Information.
Compensation During Leave
Family and medical leave is generally unpaid. When an employee is on an FMLA leave for their own serious health condition (including medical conditions relating to pregnancy) any accrued sick leave that the employee has, however, must be used concurrently. Thus, a family or medical leave will be paid only to the extent of the employee's accumulated sick leave, in coordination with either the State or Voluntary Disability Insurance, Worker' Compensation, Social Security Disability and the Santa Clara University Long term disability plan, as applicable. The use of accrued vacation, if sick leave has been exhausted, is at the discretion of the employee.
Notice and Certification Requirements
Employees seeking to use family and medical leave are responsible for providing their supervisor and the Department of Human Resources with at least 30 days advance notice when the need for the leave is foreseeable. Employees are also responsible for providing the required completed forms regarding their request for a family and medical leave to the Department of Human Resources, including medical certification (both prior to the leave and prior to reinstatement). Employees may also be required to provide periodic recertification and periodic reports during the leave, as applicable.
Compensation During Leave
Family and medical leave is generally unpaid. When an employee is on an FMLA leave for their own serious health condition (including medical conditions relating to pregnancy) any accrued sick leave that the employee has, however, must be used concurrently. Thus, a family or medical leave will be paid only to the extent of the employee's accumulated sick leave, in coordination with either the State or Voluntary Disability Insurance, Worker' Compensation, Social Security Disability and the Santa Clara University Long term disability plan, as applicable. The use of accrued vacation, if sick leave has been exhausted, is at the discretion of the employee.
Responsibility
Employees should inform supervisors whenever they believe their need for leave may be covered by the Family and Medical Leave Act or other local jurisdiction's laws. Supervisors are responsible for determining when a request for leave is covered by this policy, and if so, promptly informing the employee orally within 2 business days and in writing within the next pay period. In addition, supervisors are responsible generally for complying with the terms and conditions of this policy and the applicable federal, state, and local laws. The Department of Human Resources is responsible for the interpretation and administration of this policy.
Resource
Please refer to the Pregnancy Disability (622) and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources if you have questions or if you would like more information regarding this benefit.
Policy Approved: October 23, 1998
Last Updated: January 7, 2016
Last Reviewed: June 30 2022
Maintainer: Human Resources