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Policy 614 - Family and Medical Leave

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:

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:

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

Maintainer: Human Resources

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