University of California, San Diego


October 5, 1999


SUBJECT:  Family and Medical Leave (FMLA)
                     Year Designation

The University of California proposes to change its Family and Medical Leave year designation to a calendar year effective January 1, 2000. The proposed change is in response to employee needs and to simplify the administration of Family and Medical Leave.

The effects on Family and Medical Leave entitlements resulting from the proposed change are:

Under the new leave year definition, employees who have at least 12 months of University service and who have worked at least 1,250 hours during the 12-month period immediately preceding the commencement date of the requested leave would be granted up to 12 workweeks of Family and Medical Leave for any qualifying reasons during the 12-month period that begins each January 1.

An employee who has the need to continue a Family and Medical Leave for the same qualifying reasons in progress on December 31 would not have to re-qualify to continue eligibility for Family and Medical Leave in the new calendar years. However, the portion of leave that continues into the new calendar would count against the employee's entitlement to 12 workweeks of leave for the new calendar year. If an employee in this circumstance requests leave for a different qualifying reason, that employee would be required to re-qualify to be eligible for Family and Medical Leave, subject to the maximum 12 workweeks allowed in that calendar year.

All eligible employees would be entitled to continuation of health benefits (i.e., medical, dental, and vision), as provided in the applicable policy or collective bargaining agreement, for all periods of time on approved Family and Medical Leaves. This would include Family and Medical Leave that exceed 12 workweeks as benefits continue from one calendar year into the next calendar year. However, different rules apply to continuation of health benefits during leaves other than Family Medical Leave.

Under current policies and collective bargaining agreements applicable to staff and academic personnel, the University of California grants eligible employees up to 12 workweeks of Family and Medical Leave during the 12-month period (leave year) that begins on the date the leave is first taken. Final regulations issued by the Fair Employment and Housing Commission, a State Agency, allow California employers, including the University of California, to chose any one of several alternate methods for defining the leave year. Therefore, the University's decision to change its Family Medical Leave year definition is based on these regulations.

Comments regarding the proposed changes to the University's Family and Medical Leave definitions should be submitted by October 26, 1999, to Jonnie Craig-Winston, Director of Policy Development and Quality of Work/Life, Human Resources Department, at jcraig@ucsd.edu or (858) 534-9659.

                                                Rogers Davis
                                                Assistant Vice Chancellor
                                                Human Resources