OFFICE OF THE VICE CHANCELLOR -
ACADEMIC AFFAIRS
OFFICE OF THE ASSISTANT VICE CHANCELLOR -
HUMAN RESOURCES
September 13, 1993
ALL AT UCSD
SUBJECT: Interim Family and Medical Leave Policy
The Interim Family and Medical Leave Policy is attached. This policy, which became effective on August 5, 1993, applies to eligible staff and academic appointees, and supersedes the Interim Family Leave Policy and Implementation Guidelines, issued
February 14, 1992. The attached policy implements the federal Family and Medical Leave Act of 1993 and will remain in effect until replaced by permanent personnel policies on family and medical leave. Given the significant differences between the federal and California state laws, legislation is now pending to revise the California Family Rights Act of 1991 so it is more closely aligned with the federal act. Until that time, where the law differs, eligible employees are entitled to the more generous provision of the two acts.
The interim policy applies to all employees except those covered by a Memorandum of Understanding. The family and medical leave rights of exclusively represented employees are covered by the terms and conditions of the applicable collective bargaining agreements. The effective date of the Family and Medical Leave Act for exclusively represented employees is February 4, 1994 unless an earlier date is agreed to through collective bargaining. The only exclusively represented unit with which the University has an agreement implementing the Family and Medical Leave Act as of this date is the Non-Senate Instructional Unit.
The policy entitles eligible staff, management personnel, and academic appointees to at least 7 months of unpaid leave in a 24- month period, with no more than 4 months granted in a 12-month period for their own serious health condition or to care for a newly born or adopted or foster child, or a seriously ill child, parent, or spouse. Eligibility requirements for the federal and state acts differ, but generally require employment of 12 months and sufficient hours of work to qualify them for core benefits.
A female employee who is disabled because of pregnancy or a pregnancy-related medical condition is entitled to up to 4 months eave for the period of actual disability. In addition, a new parent is entitled to family and medical leave to care for the newborn child.
A medical certification from a healthcare provider may be requested by the supervisor to support the request for family and medical leave. Accrued vacation, sick leave and compensatory time off may be substituted for unpaid family and medical leave to the extent permitted under the applicable personnel policies.
An employee's coverage under any group health plan (medical, dental, and vision) shall be maintained during the first 12 weeks of family and medical leave in a 12-month period under the same conditions as if the employee had been employed during the leave period. Non-health coverages (life, disability, etc.) will be maintained by the University during an unpaid family and medical leave to the extent that such benefits are maintained for leaves without pay for other reasons.
There are very specific employee notice and recordkeeping requirements specified in the law. Therefore, until final policies and guidelines are issued, it is strongly advised that you contact your Human Resources or Academic Personnel representative to discuss any requests for leave under these two acts. They will advise you and provide you with the necessary forms for completion.
Notices explaining the provisions of the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991 must be posted in conspicuous locations where they can be readily seen by employees. A copy of these notices will be mailed this week
to department office mail contacts with instructions to place them in your department on general purpose bulletin boards designated for such notice purposes.
Following review by affected employees in your department, individuals concerned with personnel matters are requested to retain a copy of this notice for use with applicable Academic, MAP, A&PS, and Staff Personnel leave of absence policies. Please discard the February 14, 1992 Interim Family Leave Policy and Implementation Guidelines.
Questions from academic employees regarding the Interim Family and Medical Leave Policy may be directed to the Academic Personnel Office. Questions from staff employees may be directed to the assigned Human Resources representative.
Nanette Caldararo Rogers Davis
Assistant Vice Chancellor - Assistant Vice Chancellor - Academic Personnel Human Resources
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Attachment
University of California
Office of the President
August 5, 1993
INTERIM FAMILY AND MEDICAL LEAVE POLICY
It is the policy of the University of California to provide family and medical leave to eligible employees in compliance with the California Family Rights Act of 1991 (Government Code 12945.2 and 19702.3) and the federal Family and Medical Leave Act of 1993 (Public Law 103-3). All eligible employees, except members of the Executive Program, shall be entitled, upon request, to at least seven months of unpaid leave in a 24-month period, with no more than four months granted in a 12-month period, for (1) the employee's own serious health condition; (2) to care for a newly born or adopted or foster child; or (3) to care for a child, parent, or spouse if the child, parent, or spouse has a serious health condition. Family and medical leave may be requested for one or more periods under certain circumstances, but shall not exceed a total of seven months in a 24-month period from the date the first leave commences unless otherwise provided by University personnel policies. All eligible members of the Executive Program shall be entitled to 12 weeks of family and medical leave in a 12- month period under the Federal Family and Medical Leave Act of 1993.
This interim Policy applies to employees not covered by a Memorandum of Understanding. The family and medical leave rights of employees covered by a Memorandum of Understanding are covered by the terms and conditions of the applicable collective bargaining agreements.