|
|
A full-time
employee or a less than full-time permanent employee may be
granted a full or partial leave of absence without pay. Leaves
of absence without pay shall normally be limited to one (1)
year. |
|
|
|
Leaves of absence without pay may be granted in accordance
with this Article for the following purposes or reasons:
|
| A. |
loan
of an employee to another governmental agency; |
| B. |
outside employment
that would lessen the impact of a potential layoff or
a layoff; |
| C. |
temporary incapacity
due to illness or injury; |
| D. |
family care
or medical leave; |
| E. |
to care for
a "significantly close person" as defined in
provision 20.11 with a serious health condition; and/or |
| F. |
other satisfactory
reasons. |
Leaves of absence without pay granted for C and D above
shall also be subject to Article 19, Sick Leave. Periods of
disability related to pregnancy are subject to the provisions
of Article 19, Sick Leave. Leaves under E above to care for
a "significantly close person" other than a child,
parent, domestic partner, or spouse of the employee shall not be considered
a family care or medical leave under provisions 22.4 and 22.6
though 22.16.
|
|
|
A written
application for a leave of absence without pay or an extension
of a leave of absence without pay shall be submitted to the
President. The President shall determine if such a leave shall
be granted and the conditions of such a leave. The applicant
shall receive a written response regarding granting or denial
of the leave. |
|
|
Family care or medical leave shall refer to a leave for reason
of the birth of a child of the employee, the placement of
a child with an employee in connection with the adoption or
foster care of the child by the employee, or to care for a
child, parent, domestic partner, or spouse of the employee who has a serious
health condition, or for the employee's own serious health
condition. Family care leave shall be pursuant to provisions
22.6 through 22.16 of this Article.
|
|
|
Parental leave shall refer to a leave for the purpose of a parent
preparing for the arrival of a new infant and the care of a
new infant.
A permanent employee is entitled to parental
leave without pay of up to twelve (12) months upon his/her
written request, subject to the conditions of provision 22.12
of this Article. This leave shall satisfy the family care
leave requirements of permanent employees for reason of the
birth of a child of the employee, the placement of an infant
child with an employee in connection with the adoption or
foster care of the child by the employee, or to care for an
infant child who has a serious health condition. At least
thirty (30) days prior to the ending date of the leave, the
employee shall inform the appropriate administrator in writing
of his/her intention to return from leave. Changes in the
terms of the leave may be made by mutual agreement of the
appropriate administrator and the employee. |
| Family Care or Medical Leave |
|
|
An employee
who has at least one (1) academic year or twelve (12) months of
service is entitled to a family care or medical leave without
pay. |
|
|
Eligible
employees may take up to a total of twelve (12) weeks of family
care or medical leave in a twelve (12) month period, including
any periods of absence with pay for family care or medical leave
purposes. |
|
|
For
family care or medical leave taken for reason of the birth of
a child or adoption/foster care of a child by an employee, any
leave taken shall be initiated within one (1) year of the birth
of a child or placement of a child with the employee in the
case of adoption/foster care. |
|
|
Before
granting a family leave for the serious health condition of
a child, parent, domestic partner, or spouse, the President may require certification
of the serious health condition from the health care provider. |
|
|
Upon
expiration of the period which the health care provider originally
estimated that the employee needed to care for the child, parent, domestic partner,
or spouse, the President may require the employee to obtain
re-certification if additional leave is requested. |
|
|
An employee
may use sick leave for the care of the immediate family as defined in provision 19.11 during the period of family leave upon mutual
agreement between the employee and appropriate administrator,
and the use of such sick leave during the period of family leave
shall not be limited to forty (40) hours as required in provision
19.12 of this Agreement. The use of sick leave shall be in accordance
with the appropriate provisions of Article 19 of this Agreement. |
| 22.12 |
Family
care and medical leave are separate and distinct from the right
of a female employee to take a pregnancy disability leave under
Government Code Section 12945, subdivision (b) (2). If a female
employee takes part or all of the maximum four (4) months of
pregnancy disability leave, she may request up to twelve (12)
weeks additional family care or medical leave for reason of
the birth of her child, or due to her own serious medical condition.
Any combination of family care or medical leave and pregnancy
disability leave shall run concurrently with the period of parental leave available to a permanent employee pursuant to
provision 22.5 of this Article. |
| 22.13 |
An employee
shall provide the President with reasonable written notice of
the need for family leave as soon as the event necessitating
the leave becomes known to the employee. In general, as much
advance notice as possible will be provided. In cases of emergency,
when no advance notice is possible, written notice of the need
for leave shall be provided within five (5) working days of
learning of the need for the leave. |
| 22.14 |
If the
employee's need for family leave is foreseeable due to the planned
medical treatment or planned supervision of a child, parent, domestic partner
or spouse with a serious health condition, the employee shall
provide the President with not less than fourteen (14) days
notice of the need for the leave. The employee shall consult
with the appropriate administrator regarding the scheduling
of the treatment or supervision so as to minimize disruption
of the operations of the University. |
| 22.15 |
The
granting of a family care or medical leave assures to the employee
a right to return to his/her former position or a comparable
position upon expiration of the family leave. If the former
position and any comparable position has ceased to exist due
to legitimate business reasons unrelated to the leave, the University
shall make reasonable accommodation by alternative means only
if such alternative means would not cause an undue hardship
on the campus. Such alternative means shall include, but not
be limited to, offering the employee any other position which
is available and for which the employee is qualified. The University
is not required, however, to create additional employment which
would otherwise not be created, discharge or lay off another
employee, transfer another employee, or promote another employee
who is not qualified to perform the job. The family care or
medical leave shall not constitute a break in service for the
purposes of length of service and/or seniority under this Agreement. |
| 22.16 |
An employee
on family care or medical leave shall retain employee status
and shall continue to accrue seniority points pursuant to Article
33 of the Agreement during the period of the family care or
medical leave. During a family care or medical leave an employee
may continue to participate in benefits to the same extent and
under the same conditions as would apply to any other personal
leave of absence without pay pursuant to this Agreement. However,
if any paid portion of the family care or medical leave is less
than twelve (12) weeks, upon request of the employee to continue coverage,
the CSU shall continue to make Employer contributions toward
health, dental and vision coverage for the unpaid remainder
of the twelve (12) week period. If an employee fails to return
at the end of the family care or medical leave, the CSU may
require repayment of insurance premiums paid during the unpaid
portion of the leave. The CSU shall not require repayment of
premiums if the employee's failure to return is due to his/her
serious health condition or due to circumstances beyond the
employee's control. |
| 22.17 |
The
leave of absence of a temporary employee eligible for such leave
pursuant to this Article shall terminate upon the expiration
of that employee's temporary appointment. |
| 22.18 |
Upon
the expiration of an authorized leave of absence without pay,
an employee has the right to return to his/her former position
or an equivalent position within his/her classification and
the time lost shall not constitute a break in service. |
| 22.19 |
An employee
who is on a leave of absence without pay shall not return to
active pay status prior to the expiration of such a leave without
written approval of the President. |
| 22.20 |
Service
credit shall not be granted to an employee on a leave of absence
without pay, except when the leave is granted pursuant to provision
8.13, Article 8, Union Rights, or when the President determines
that the purpose of the leave is of benefit to the campus and
expressly grants such service credit. |
| 22.21 |
When
requested by the President, an employee granted a leave of absence
without pay shall provide verification that the conditions of
the leave were met. |
| 22.22 |
An employee
on a leave of absence without pay for more than fifteen (15)
working days may opt to continue his/her benefits at his/her
own expense. An employee on a leave of absence without pay for
fifteen (15) working days or less shall receive benefits only
if the employee earns a sufficient amount to cover his/her share
of any benefit costs. |
