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Family Care and Medical Leave Policy


Purpose/Background

University of the Pacific endeavors to support employees who experience injury or illness themselves or provide care to an immediate family member experiencing injury or illness. The university further supports members of the military and their families, providing a leave of absence under this policy as required for employees.

Applicability/Responsibility

This policy applies to University of the Pacific employees.

ContactResponsible Items
Office of Human Resources- Employee BenefitsAdministers leave programs for the university


Definitions

TermDefinition
Serious medical conditionA condition that prevents the employee from either being able to work at all or able to perform one or more essential functions of his or her job
Qualifying exigencyEmployee's spouse, child, or parent is on active duty or called to active duty status in support of a contingency operation as a member of the National Guard or Reserves OR for a serious illness or injury suffered by a spouse, child, parent, next of kin, or registered domestic partner while in the line of duty on active duty.

 

Policy Statement

University of the Pacific shall comply with all applicable federal and state laws providing protection of employment for employees who have an injury or illness or who are caring for an immediate family member with an injury or illness.

Eligibility
Employees who have been employed for at least twelve (12) months and have worked 1,250 hours during the past 12 months from when the leave begins.

Length of Leave

Eligible employees may take a family care and/or medical leave of absence under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave provisions of up to twelve (12) weeks in a twelve (12) month rolling period. However, if the employee's leave is due to a serious illness or injury of a spouse, child, parent, next of kin or registered domestic partner sustained while in the line of duty on active military duty, then the employee is entitled to 26 work weeks of unpaid leave in a 12‐month period.  The 26 weeks of leave is based on a per‐covered service member, per‐injury basis.

This rolling 12‐month period begins on the date the employee's leave begins and ends twelve (12) months after that date. FMLA and CFRA leaves may run concurrent in some instances.

Leave Reasons

Under Family Medical Leave Act (FMLA)

  • To care for the employee's own Serious Medical Condition that prevents the employee from either being able to work at all, or able to perform one or more essential functions of his or her job; or Birth of a child or the child of a domestic partner or after a child or child of a domestic partner is placed with him or her for adoption or foster care within the twelve (12) months following birth or placement (documentation required); or To care for a spouse, domestic partner, son or daughter (minor), or parent
  • A "Qualifying Exigency" arising if the employee's spouse, child, or parent is on active duty or called to active duty status in support of a contingency operation as a member of the National Guard or Reserves; or
  • For a serious illness or injury suffered by a spouse, child, parent, next of kin, or registered domestic partner while in the line of duty on active duty.

Under California Family Rights Act (CFRA)

  • To care for the employee's own serious medical condition that prevents the employee from either being able to work at all, or able to perform one or more essential functions of his or her job; or To care for a spouse, domestic partner, son or daughter (minor or adult), siblings, grandparents, grandchildren and parents-in-law; or
  • Birth of a child or the child of a domestic partner or after a child or child of a domestic partner is placed with him or her for adoption or foster care within the twelve (12) months following birth or placement (documentation required); or
  • For a serious illness or injury suffered by a spouse, child, parent, next of kin, or registered domestic partner while in the line of duty on active duty.

Pay During Leave FMLA/CFRA leaves are unpaid, however eligibility for other benefits will determine compensation. Employees will be required to apply for VSDI/SDI/PFLI benefits upon commencement of leave and will be required to use their accrued sick time. Employees may opt to use their accrued vacation during this time after their sick leave accrual is exhausted.

Return to Work

When employees are ready to return to work after a FMLA/CFRA leave, the employee must provide certification from his or her health care provider that he or she is able to safely perform all of the essential functions of his or her position with or without reasonable accommodation. Except as otherwise allowed by law, an employee is entitled, upon return from leave, to be reinstated in the position he or she held before the leave, or to be placed in a comparable position with comparable benefits, pay, and terms and conditions of employment.

Violations

Failure to comply with this policy could result in termination of employment.

Contact Information
 

SubjectDepartment Phone/Email/WebpagePhone/Email/Webpage
Requests for Leave of Absence, InformationEmployee Benefits-Office of Human Resources209-946-7452Employee_benefits@pacific.edu​

Related Information

ItemDescription

University Links

 

FMLA & Other Leave Information (pacific.edu)

Forms

 

FMLA/CFRA/PFL/PDL Request Form, Notice of Eligibility and Right and Responsibilities, Medical Certification-FMLA/CFRA

Related Links

 

Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

Big Changes to the California Family Rights Act | Employment Advisor | Davis Wright Tremaine (dwt.com)

 

Procedures 
 
There are no external facing procedures other than to apply

 



About This Policy
Last Updated
6/29/2021
Original Issue Date
7/2/2015

Responsible Department
Human Resources