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An Introductory Note on Policies
UC Berkeley has a variety of policies and programs that are deemed family
friendly. This section is designed to help you familiarize yourself with
leave policies for circumstances that may be family-related. The benefits
section that follows covers the benefits you may be eligible for during
family-related leave. It also covers additional benefits for dependents
and same-sex domestic partners.
The policy discussion in this section applies specifically to faculty,
other academic employees, and staff on the Berkeley campus. This information
is current only as of the date of publication. Before taking any action,
refer to updated relevant policy manuals and contracts. Contact your Department
Employee Relations Specialist or the Academic Personnel Office at 642-5626
with any questions. Keep informed of changes as they are announced in
the Berkeleyan, the campus paper for Berkeley faculty and staff. HR Links,
a campus newsletter for supervisors and managers, is another valuable
resource.
Staff can also refer to the Human Resources Web Site at http://hrweb.berkeley.edu/
for more information. Faculty and other academic employees wishing to
obtain more detailed information on the web regarding leave definitions
and eligibility requirements should see the 700 series of the Academic
Personnel Manual at the following link. For better viewing, some users
may need to copy the link and paste it directly into their browser. http://www.ucop.edu/acadadv/acadpers/apm/sec5-pdf.html
ON THIS PAGE:
These policies are in accordance with the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Pregnancy Disability
Leave Act (PDLA), the Family School Partnership Act, current University
policies and collective bargaining agreements.
SECTION I: Family and Medical Leave Policies
Family and Medical Leave
To be eligible for Family and Medical Leave, you must have at least 12
cumulative months of University service and have worked at least 1,250
actual hours during the 12 months immediately preceding the commencement
date of the leave.
Family and Medical Leave provides up to 12 weeks of unpaid leave for your serious health condition, the serious health condition of your child, spouse, or parent, or to bond with the your newborn, adopted, or foster care child in accordance with State and Federal law in effect at the time the leave is granted. Family and Medical Leave may also be taken to care for a domestic partner or the child of a domestic partner.
Leave granted for bonding purposes shall be concluded within 12 months following the child's birth or placement for adoption or foster care.Family and Medical Leave is normally unpaid leave; however you may request or be required to substitute paid leave (i.e. accrued vacation and/or sick leave) for all or a portion of the unpaid leave, in accordance with the appropriate policies and collective bargaining agreements. Family and Medical Leave normally requires 30 days advance notification for forseeable circumstances.
You may be eligible for FMLA leave related to caring for a child, even if you have no biological or legal relationship with the child. In keeping with federal family and medical leave regulations, UC Human Resources has recently clarified that UC's policy extends to "a child of a person standing in loco-parentis"- that is, when you assume "a day-to-day responsibility for and financially support a child." The financial responsibility does not have to be yours alone. The relationship in loco parentis also extends to caring for an adult who acted in loco parentis to you when you were a child, and who now has a serious health condition.
Family and Medical Leave need not be taken all at once. It can also be used in hourly or daily increments. For the complete University of California description of Family and Medical Leave, go to http://hrweb.berkeley.edu/policy/fmla.htm
Pregnancy Leave
In general, Pregnancy Leave entitles you to up to four months of leave
for pregnancy. Pregnancy Leave may consist of leave without pay (during
which you may be able to receive disability benefits, if eligible) and/or
paid leave such as accrued sick leave, accrued vacation leave and compensatory
time off. If the period of disability continues beyond four months, employees
must request additional time off available through other applicable leave
policies or collective bargaining agreements.
-
Phase 1-- Paid Leave
You are on pay status from the time you leave work until the time you use up any accrued sick leave and/or vacation leave you choose to use. If you are applying for disability benefits, you must use your sick leave up to 22 working days, not including holidays. After that, the decision to use additional sick leave is voluntary. You receive your full regular pay during Phase 1. -
Phase 2--Disability Benefits
Once you have used up the required sick leave and any additional sick and/or vacation leave you choose to, you are eligible, upon application, for disability benefits income. For a normal pregnancy, this period is typically two weeks before and six weeks after delivery. Your eligibility lasts for the amount of time it is medically determined and certified that you are unable to work. -
Phase 3--After Disability Ends
Phase 3 begins once it is medically determined that you are no longer disabled. At that time disability benefits income stops. If you want to continue to stay home with your child, you are eligible for an additional 12 weeks under CFRA to bond with your child. During this extension, you may be required to use vacation leave, in accordance with the applicable policy or collective bargaining agreement.
Parental Leave
Parental Leave is leave for a mother or father to care for a newly born
or newly adopted child, or placement of a foster child. It is available
through the Family and Medical Leave Act. To be eligible for parental
leave you must have been employed by the University for at least 12 months,
and have at least 1,250 hours of service during the 12-month period immediately
preceding the beginning of the leave. Parental leave shall be granted
for up to 12 work weeks in a 12-month period. When Parental Leave (up
to 12 weeks) is taken in conjunction with Pregnancy Leave (up to four
months), the total time shall not exceed seven months. Any extension of
the Parental Leave shall be requested in accordance with the applicable
policy or collective bargaining agreement. Parental Leave and Family and
Medical Leave are normally unpaid leave; however, you may request or be
required to substitute paid leave (i.e., accrued vacation and/or sick
leave) for all or a portion of the unpaid leave, in accordance with the
appropriate policies and collective bargaining agreements. You will receive
University-paid benefits while you are on paid leave, such as sick leave
and vacation leave.
SECTION II: Catastropic Leave-Sharing Program
The Catastrophic Leave-Sharing Program is available to an eligible staff
person who is suffering from a severe illness or injury that has incapacitated
him/her and which has created a financial hardship because the employee
has exhausted his/her sick, vacation, and compensatory time off leave
credits.The University developed this program to give staff employees
a chance to support their colleagues who are facing a major health crisis,
whether their own or that of a family member. UCB staff employees who
are eligible to accrue and use vacation may request approval to participate
as a donor of leave credits (vacation time to a designated recipient).
For more information on this program, please read the UC HR Department's
policy description at http://hrweb.berkeley.edu/POLICY/Lvshare.htm
SECTION III: Sick Leave and Family Illness
Sick leave accrual is in proportion to the percentage of time you work—full-time
staff earn an 8 hour day each month (up to 12 days maximum per year) with
no overall limit. Sick leave is provided to continue the salary of eligible
employees who are absent from work because of their own illness, disability,
medical appointments and, on a limited basis, in the event of illness
in the family or bereavement.
SECTION IV: Bereavement
You may use up to 5 days of sick leave when your absence is required due
to the death of any of the persons listed above. In addition, you may
use up to 5 days of sick leave in any calendar year for bereavement or
funeral attendance due to the death of any other person. For more details,
follow this link. For better viewing, some users may need to copy the
link and paste it directly into their browser.
SECTION V: Leave for Day Care and School Functions
The California Family School Partnership Act provides for time off for
employees to participate in school activities such at PTA meetings, parent/teacher
conferences, or field trips. The child must be in a licensed day care
facility or kindergarten through grade 12 and the employee is the child's
parent, guardian, or custodial grandparent. Leave may be for up to eight
hours per calendar month, not to exceed 40 hours per year. For more information,
see http://hrweb.berkeley.edu/policy/school.htm
SECTION VI: Vacation
UC Berkeley staff enjoy generous vacation accrual in proportion to the
percentage of time they work—for most full-time staff, at least
15 working days per year when they begin, with the amount increasing based
on years of service to a maximum of 24 days annually. For more information,
follow this link. For better viewing, some users may need to copy the
link and paste it directly into their browser.
SECTION VII: Holidays
Employees are eligible for holiday pay for the holidays that are in accordance
with the nature of their appointment. For a list of holidays, please go
to the Academic Calendar at http://opa.vcbf.berkeley.edu/AcademicCalendar/calendar.cfm
SECTION VIII: Personal Leave
Your department can approve up to six months of personal leave. Under
some policies or collective bargaining contracts, you may be required
to use your vacation leave before using time without pay. Some staff can
request an extension of personal leave for up to a year. For more information,
follow this link. For better viewing, some users may need to copy the
link and paste it directly into their browser.
LEAVE POLICIES FOR FACULTY AND OTHER
ACADEMIC EMPLOYEES
NOTE: Please go to http://www.ucop.edu/acadadv/family/policies.html for most current description of family friendly academic policies. Please go to http://ucfamilyedge.berkeley.edu for current information on faculty work/family initiatives.
The following time off is available to faculty and other academic employees.These policies are in accordance with the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Pregnancy Disability Leave Act (PDLA), the Family School Partnership Act, current University policies and collective bargaining agreements.
A note for faculty/academic employees on leave
for pregnancy, adoption, fostering, and the first period of time with
a child.
Academic personnel policy stipulates that academic appointees may be granted
leave and/or modification of duties to prepare for and care for infants
or children placed for adoption or foster care. Requests for such leave
must be submitted in writing through the department chair or appropriate
administrative officer to the dean and the Vice Chancellor and the Provost
for approval. Requests should be submitted in advance. Policies related
to leave are contained in the 700 series of the Academic Personnel Manual.
For more detailed information, follow this link. For better viewing, some
users may need to copy the link and paste it directly into their browser.
http://www.ucop.edu/acadadv/acadpers/apm/sec5-pdf.html.
Contact the Academic Personnel Office at 642-5626 for further information
on any of these policies.
Childbearing
leave with or without pay
Childbearing leave with or without pay Women faculty may take at least
six weeks of paid childbearing leave for the time before, during, and
after the birth of a child (non-Senate faculty with less than 1 year of
UC service are not eligible for paid leave). The leave does not have to
be taken all at once, but can be used on an intermittent basis when medically
necessary. (If medically necessary, women are eligible for up to four
months of leave during the period of disability, according to state law.)
In accordance with federal and state laws, for a normal pregnancy and
delivery, eligible faculty may use family and medical leave for a total
of six months during a 12-month period following the childbirth (if family
and medical leave is used for the pregnancy, all of some may be used prior
to childbirth).
See APM - 760-25 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf) for a description of the childbearing leave policy and accompanying laws, and effects on pay status and benefits.
Accommodation
of pregnancy
Pregnant women are also eligible for a temporary modification of their
position or transfer to a less strenuous or hazardous position if it is
medically necessary and it can be reasonably accommodated. This accommodation
does not count against paid and unpaid leave time unless the modification
has taken the form of intermittent leave or a reduced work schedule.
See APM - 760-25-c (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ) for a complete description of the accommodation of pregnancy policy.
Parental
leave without pay
Women and men are eligible for full-time or part-time parental leave without
pay for up to one year for the purpose of caring for their child, or a
child of their spouse or domestic partner. Up to 12 workweeks of the unpaid
parental leave runs concurrently with family and medical leave when eligible
and provides health coverage benefits.
See APM - 760-27 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ) for a description of the parental leave without pay policy, including eligibility, and interaction with family and medical leave under Federal and State law.
Active
service-modified duties
Active service-modified duties (ASMD) is a period during which normal
duties are reduced to prepare and/or care for a newborn or a child under
age 5 newly placed for adoption or foster care. Eligibility normally extends
from 3 months prior to 12 months following the birth or placement. In
order to use ASMD, faculty must be responsible for 50 percent or more
of the child's care. Non-birth mothers and fathers may take ASMD for one
semester. Birth mothers may take a total period of childbearing leave
plus active service-modified duties for two semesters (though it is necessary
to have a full-time appointment for at least one full academic year to
be eligible). During ASMD faculty are expected to meet some portion of
their normal duties - it is not a leave of absence. For ladder-rank faculty
the modification of duties is normally partial or full relief from teaching,
without the assignment of additional teaching duties before or after to
offset the teaching relief.
See APM - 760-28 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ) for a description of the active service-modified duties policy.
Part-time
appointment and reduction in percentage of appointment to accommodate
family needs
Faculty may be eligible for an appointment to a part-time position or
may be eligible to reduce their percentage of time of an appointment from
full-time to part-time, temporarily or permanently to accommodate family
needs. However, for faculty at the Assistant level, the eight-year limitation
of service (APM-133) still applies.
See APM - 760-29 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ), and 220-10, 220-16-c , 220-16-d, 220-18-b, and 220-Appendix B (http://www.ucop.edu/acadadv/acadpers/apm/apm-220.pdf , for a description of the part-time policy.
Stopping
the clock for the care of a child or children
Faculty may stop the clock at the Assistant level to care for a newborn
child or a child under age five newly placed for adoption or foster care.
The child may be the faculty member's child or that of their spouse or
domestic partner. To be eligible, faculty must be responsible for 50 percent
or more of the care of the child. Faculty are eligible to stop the clock
for up to one year during the probationary period for each event (up to
a maximum of two years), and do not have to take a formal leave or use
ASMD to stop the clock.
See APM - 133-17-h (http://www.ucop.edu/acadadv/acadpers/apm/apm-133.pdf) and APM 760-30 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ) for a description of the stopping the clock policy.
Personnel
reviews
Faculty at the Associate level or above may request a deferral of a personnel
review to accommodate family needs in accordance with campus policies.
Faculty who have taken a childbearing or parental leave, stopped the clock,
or used ASMD may request a deferral of a personnel review. Personnel reviews
that are deferred due to the use of family accommodation policies should
be treated the same as personnel reviews conducted at the normal period
of service and evaluated without prejudice.
See APM - 133-17-j (http://www.ucop.edu/acadadv/acadpers/apm/apm-133.pdf) and APM 760-31 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf ) for a description of the personnel review policy.
Family
Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA) allows faculty to take unpaid
leave for the birth and care of a new child, for the placement of a child
for adoption or foster care, to care for a sick child, parent, spouse,
or themselves during a serious health condition (UC family and medical
leave policy also allows leave for the care of a domestic partner). The
FMLA permits academics to take leave on an intermittent basis, within
a 12-month period (Under UC policy, the 12-month period is a calendar
year). The university maintains group health insurance coverage during
the leave.
See APM - 715 (http://www.ucop.edu/acadadv/acadpers/apm/apm-715.pdf) for a description of the family and medical leave policy. Go to: http://www.dol.gov/esa/regs/compliance/whd/1421.htm for a complete description of the Family and Medical Leave Act.
California
Pregnancy Disability Law
Pregnancy disability leave permits a female faculty member up to four
months leave for the period during which she is disabled due to childbirth
or a related medical condition.
See APM - 760-25 (http://www.ucop.edu/acadadv/acadpers/apm/apm-760.pdf) for a description of the childbearing leave policy. Go to: http://www.dpa.ca.gov/benefits/health/workcomp/pubs/Disability/page8.shtm for a complete description of the California Pregnancy Disability Law.
California
Family Rights Act
The California Family Rights Act (CFRA) is the California equivalent of
FMLA, except that the 12 workweeks of unpaid leave may be taken at the
end of a period of pregnancy disability leave, rather than being used
concurrently. For non-birth parents, CFRA runs concurrently with FMLA.
If both parents are eligible for CFRA leave but are employed by the same
employer, that employer may limit leave to 12 weeks in a 12-month period
between the two parents (however, under UC policy, parents who are both
employed by UC could each take up to 12 workweeks CFRA leave to care for
their child).
See APM - 715 (http://www.ucop.edu/acadadv/acadpers/apm/apm-715.pdf) for a description of the family and medical leave policy. Go to: http://dfeh.ca.gov/Statutes/cfrabenefits.asp for a complete description of the California Family Rights Act.
Leave for Day Care and School Functions
The California Family School Partnership Act provides for time off for
employees to participate in school activities such at PTA meetings, parent/teacher
conferences, or field trips. The child must be in a licensed day care
facility or kindergarten through grade 12 and the employee is the child's
parent, guardian, or custodial grandparent. Leave may be for up to eight
hours per calendar month, not to exceed 40 hours per year. For more information,
see http://hrweb.berkeley.edu/policy/school.htm
Sick Leave and Family Sick Leave
Eligible fiscal-year academic employees accrue sick leave if appointed
50% time or more. The full time rate of accrual is one working day
per month, with no overall limit. Part-time employees accrue at a rate
proportionate to the full time rate. Academic employees who do not accrue
sick leave may receive leave with pay, approved by the divisional dean
if the leave is for a period longer than 7 days.
Accrued sick leave may be used for care of a parent, spouse, domestic
partner, child, grandparent, grandchild, sibling, in-law or step-relative
in any one of these relationships, or any member of your household.
For more information, see APM 710 at the following link. For better viewing,
some users may need to copy the link and paste it directly into their
browser. http://www.ucop.edu/acadadv/acadpers/apm/s5-710.html.
Catastrophic Leave-Sharing Program
The Catastrophic Leave-Sharing Program is available to an eligible academic
employee who is suffering from a severe illness or injury that has incapacitated
him/her and which has created a financial hardship because the employee
has exhausted his/her sick, vacation, and compensatory time off leave
credits. The University developed this program to give staff and academic
employees a chance to support their colleagues who are facing a major
health crisis, whether their own or that of a family member. UCB staff
or academic employees who are eligible to accrue and use vacation may
request approval to participate as a donor of leave credits (vacation
time to a designated recipient). Detailed information regarding the program
can be found on the Human Resources web site at http://hrweb.berkeley.edu/POLICY/Lvshare.htm
Holidays
Academic employees are eligible for holiday pay for the holidays listed
below in accordance with the nature of their appointment. For a list of
holidays, please check the academic calendar http://opa.vcbf.berkeley.edu/AcademicCalendar/calendar.cfm
Vacation
Academic personnel appointed on a fiscal-year basis for 6 months or more
at 50% time or more accrue vacation leave. Vacation is accrued at
the rate of two working days per month for full time service. Part-time
employees accrue at a rate that is proportional to the full-time rate.
Vacation credit may accumulate to a maximum of 48 working days for full-time
employees. The maximum accumulation for appointees working half-time or
over is the same maximum number of hours as that of full-time employees.
Academic personnel appointed on an academic-year basis are expected to be in residence from the day designated in the University Calendar as the opening of the Fall semester through the end of the Spring semester. The summer break between Spring and Fall semesters is the vacation period for academic employees serving on an academic-year basis.
For more information on vacation policy, see APM 730 at the following link. For better viewing, some users may need to copy the link and paste it directly into their browser. http://www.ucop.edu/acadadv/acadpers/apm/apm-730.pdf.
Please do not make decisions and take actions based solely on the information in this section without verifying its current accuracy with your departmental human resources and benefits staff or central campus OHR or Academic Personnel.
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