FAQ - Employee Relations

To protect the campus community and its assets, the University needs to ensure that individuals assigned to certain campus positions (cash handlers, police officers, child care workers, and data managers with access to personal information, to name a few) have no history of criminal behavior relevant to their employment. Although this is no guarantee against criminal acts, it does reduce the likelihood of crime, and may reduce the campus' liability in the event a crime occurs. It also helps protect hiring departments from the possibility of lawsuits, which exact a heavy cost in time and morale, and from the cost of embezzlement (the University's Employee Dishonesty Insurance Policy has a deductible of $1 million, meaning anything less than that is paid by the department). You are invited to read the full text of the policy.
 

The policy provides guidance on the criteria for determining when positions are sensitive and require criminal background checks. It articulates the responsibilities of the department and other campus units, describes the process for criminal background checks, including the notification process, and provides for the confidentiality of information gathered and the protection of privacy of individuals undergoing criminal background checks.
 

No. The background checks authorized by this policy are for criminal convictions only. However, some positions may require additional background checks, including checking into a person's credit rating.

Current employees do not have to undergo criminal background checks unless a transfer, promotion, reclassification, or change in their job duties moves their position into a sensitive category, as defined by the new criteria.

Criminal background checks are required for any personnel actions involving sensitive positions, including new hires, transfers, promotions, reclassifications, or changes in job duties that move a position into a "sensitive" category. This includes career, limited, contract, per diem, student, and volunteer positions.

Where policies and contractual provisions related to background checks for specific personnel programs currently exist, it is intended that the provisions of this policy be applied in conjunction with those provisions. Employees in the Clerical unit will remain covered by the relevant contractual provisions and the previous policy pertaining to background checks while collective bargaining obligations are completed. See Unions, Bargaining Agreements, and Labor Relations for more information.

The hiring department, in consultation with the Office of Human Resources, will determine which positions should be designated as "sensitive," based on the duties and responsibilities of each position.

The University of California Police Department (UCPD) will maintain the results of criminal background checks. If there are no criminal convictions, UCPD will notify the department to complete the personnel transaction (e.g., hire). The original report will remain in the Police Department. If there are criminal convictions, the UCPD will notify the Criminal Background Check Review Committee, which will review the results and make final determinations regarding the suitability of subjects for specific positions. In accordance with California law AB655, the UCPD will also provide a summary of the criminal background check to the subject of the investigation, regardless of the results.

UCPD conducts criminal background checks under the supervision of the Chief of Police. The UCPD will serve as the Office of Record for all criminal background check results and will maintain confidentiality. Departments will not receive any details of a criminal background check, only a notification of whether the background check has revealed any criminal convictions. UC policy and state and federal laws recognize a subject's right to privacy and prohibit campus employees and others from seeking out, using, or disclosing personal information except within the scope of their assigned duties.

The UCPD will keep the criminal background check results on file at their office indefinitely or until they are notified by a department that an individual has left campus employment. When an employee leaves the campus and is not expected to return, departments can send an email to UCPD notifying them that the individual has left University employment. The UCPD Records Unit will destroy records after an employee leaves and notify DOJ to discontinue the updates. Departments can send the email to this UCPD address: fingerprints@lists.berkeley.edu.

Criminal background check information should not be kept in an individual's personnel file. For current employees, this information should be kept in a separate file. For applicants who are hired, criminal background check information should be kept in the recruitment file for that position. If someone is not hired, it is ok to keep all of the information in one file. Visit the following HR web site for other questions and answers about staff employee personnel files including a list of items that do not belong in the personnel files of an employee: Personnel Files.

UCPD conducts criminal background checks under the supervision of the Chief of Police. The UCPD will serve as the Office of Record for all criminal background check results and will maintain confidentiality. Departments will not receive any details of a criminal background check, only a notification of whether the background check has revealed any criminal convictions. UC policy and state and federal laws recognize a subject's right to privacy and prohibit campus employees and others from seeking out, using, or disclosing personal information except within the scope of their assigned duties.

The University of California Police Department (UCPD) will maintain the results of criminal background checks. If there are no criminal convictions, UCPD will notify the department to complete the personnel transaction (e.g., hire). The original report will remain in the Police Department. If there are criminal convictions, the UCPD will notify the Criminal Background Check Review Committee, which will review the results and make final determinations regarding the suitability of subjects for specific positions. In accordance with California law AB655, the UCPD will also provide a summary of the criminal background check to the subject of the investigation, regardless of the results.

The policy places the responsibility on the department to determine which of their positions should be designated sensitive. Additionally, there can be financial consequences for a department when a crime is committed in that department. For financially sensitive positions: the University has an insurance policy for employee dishonesty, but the deductible is $1,000,000. The department would have to pay for losses under that amount. For other sensitive positions: although it is true that the General Liability Self-Insurance Program would pay for many of these liabilities, under certain circumstances the General Liability Program could compel departments to pay for the first $50,000 of any loss. The most common reason the General Liability Self-Insurance Program asks for department contributions is "violation of University or campus policy." Failure to conduct a criminal background check when appropriate would fit under that category. Currently, there are no central campus funds available to help off-set this expense. The responsibility and cost of criminal background checks may provide an incentive to some departments to structure their internal business processes with needed checks and balances to avoid the need for the background checks.

The current rate (October 2004) for criminal background checks is $82 for the combined Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) reports. The UCPD is responsible for coordinating the criminal background checks and will recharge the department for this service. The rates were established and approved by the campus Recharge Committee, and are subject to annual review and may be modified in accordance with campus recharge policy.

The current rate (October 2004) for criminal background checks is $82 for the combined Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) reports. The UCPD is responsible for coordinating the criminal background checks and will recharge the department for this service. The rates were established and approved by the campus Recharge Committee, and are subject to annual review and may be modified in accordance with campus recharge policy.
 

UCPD should receive the DOJ criminal background check information in three to seven days and the FBI information in approximately 30 days.

New hires (individuals who are not currently employees in the UC Berkeley system) can be provisionally hired before the criminal background check has cleared. This is because new hires serve a probationary period and can be released if they don't clear the criminal background check.

Criminal background checks are to be initiated and completed before an individual is assigned to a sensitive position.

To find out if an individual has already had a criminal background check, departments can inquire by calling UC Police Department 642-6760 for instructions.

This is because there is no provision in the policy to hold or guarantee the old job if an employee gives notice and the criminal background check subsequently precludes that individual from accepting the new sensitive position. The principle here is to preserve an individual's job rights.

This will depend on the situation:

• If students will be donating time and effort to the campus in a manner that benefits the campus (UC sponsored program, event or activity), and the responsibilities are of a sensitive nature, a criminal background check is required.
• If students will be donating time and effort in a manner that benefits others (non-UC sponsored opportunity), the agency or institution accepting the volunteer is liable. In this case, campus departments are not responsible for obtaining the criminal background check. The Office of Legal Affairs states that liability for actions of volunteers would reside with the organization using the volunteers, not the organization supplying the volunteers, unless there is an agreement to the contrary.
• If a student volunteers to host a high school senior for a night as part of Cal's Senior Weekend activities, departments should transfer liability to the parents of the senior coming to campus. If this is done, a criminal background check of that student volunteer would not be required. (Departments can call the Office of Risk Management to obtain a waiver of liability, agreement, or memo of understanding.)
• If a student volunteers to work for a campus sponsored event or program which involves minors (individuals under 18 years of age), a criminal background check is required, unless the students' interaction with these minors is supervised at all times.

If you have questions about whether you need a criminal background check for work-study students or student volunteers, consult with your assigned Employee Relations Consultant.

As long as the student returns to the same sensitive position or one that is similar, criminal background checks are not required each time students leave the campus and return to start a new position. If the employee has already cleared the criminal background check for a particular sensitive position, the UC Police Department (UCPD) will continue to receive automatic updates from DOJ/FBI notifying them of any subsequent criminal convictions. Subsequently, there is no need to obtain additional background checks unless the nature of the sensitive job duties change. These automatic updates will continue to come to UCPD until a department notifies them that the employee no longer works for the University. UCPD then has to notify DOJ/FBI to discontinue the updates.

Since both student employees and limited employees can be terminated at will if the criminal background check reveals relevant criminal convictions, a department may at their discretion choose to let such employees begin working in some positions before completion of the background check. It depends upon the kinds of sensitive duties the employee would perform and the potential consequences of criminal behavior. For example:

• For a position that has been designated sensitive because of access to cash, the department may carefully weigh the University's business need against risk management considerations and decide that a student or limited employee whose job duties would include, e.g., part-time operation of a cash register in a low-volume gift-shop operation does not pose a significant financial risk of theft or embezzlement, and can allow the employee to begin performing the duties before the criminal background check results have been received.
• For a position that has been designated sensitive because of duties involving contact with children, the potential consequences of even a single act that caused harm to children would outweigh any business need considerations, and the individual should not be allowed to start working in the job before being cleared
• For a position that has been designated sensitive because of access to keys, the decision of when a student or limited employee can begin work should take into account the nature of the theft or harm that could result from misuse of the keys. For instance, if the employee would possess keys to an office supplies storeroom, the department may consider that this does not represent a risk of significant theft. But if the employee possesses keys to dormitory rooms or to laboratories with hazardous materials, the consequences of misuse of the keys may represent too great a risk of harm.

Departments have the option of using the Fleet Services Pull Notice Program to order periodic DMV checks and be recharged, or Sacramento's DMV Pull Notice Program at no cost (UC is exempt from charges). To use the Sacramento Pull Notice Program, departments will need to apply for their own user codes and maintain their own records for audit purposes. For information about the Sacramento DMV Pull Notice Program, call the DMV Employee Pull Notice Unit at (916) 657-6346.

Fingerprint information and perpetual updates from DOJ/FBI cannot be transferred between campuses when a career UC employee in a sensitive position transfers from one campus to another. The UC Police Department (UCPD) has clarified that the agency that submits the fingerprints is required to use a unique identifying number issued by the DOJ; information cannot be transferred from one agency to another. (For example, if a person is transferred from UC Berkeley to UC San Francisco [UCSF], UCPD would drop him/her from their database. If UCSF wanted to track that individual, they would need to submit a new set of fingerprints to DOJ/FBI). Protection of privacy and confidentiality issues prohibit agencies from sharing data. Consequently, criminal background checks should be obtained before hiring/promoting career employees who are transferring from another UC campus to fill sensitive positions, when there will be no break in service.

If there will be a break in service, in most cases this individual may begin work (provisionally) before the criminal background check is complete, since s/he will serve a new probation period and can be released if s/he does not clear the criminal background check.

The intent of the policy is that it will apply to represented as well as non- represented employees. For the policy to apply to represented employees, the union and the University must first negotiate an agreement. The policy will apply to CUE employees once the union negotiates an agreement with the University. The collective bargaining agreement between the University and CUE expired September 30, 2004, however, the basic terms and conditions of employment for CUE employees continue. Although CUE positions are not presently covered by the new policy, this does not mean that CUE positions are exempt from criminal background checks altogether. Certain CUE positions will continue to require criminal background checks for "critical" positions (similar to the "sensitive" positions in the policy). Departments should read and follow UC-CUE Agreement, Article 48 (Work Rules) until such time as the union agrees to the provisions of the new Criminal Background Check policy.

Departments considering actions that may change employee terms and conditions of employment including reorganizations or changes in work rules, should consult with their assigned Employee Relations Consultant regarding a possible bargaining obligation.

The Criminal Background Check policy criteria states that criminal background checks are required of those who have authority to commit financial resources of the University through contracts greater than the Low Value Purchase Authority. Therefore, if the Procurement Card user is only authorized for purchases up to the Low Value Purchase Authority maximum of $2,500 per transaction, no criminal background check is required. Departments should make sure that the appropriate audit procedures are in place.

No. The UC- issued photo ID (Cal 1 Card) cannot be used as identification for criminal background check/live scan service. The UC Police Department has clarified that the State of California DOJ and the FBI only accept the following types of ID to conduct a fingerprint scan: driver's license, passport, or birth certificate with a picture ID.

The Committee will complete its review within seven days of receiving notification of a DOJ/FBI background check with convictions.

Individuals with criminal convictions for theft, embezzlement, identity theft or fraud cannot be hired into positions with fiduciary responsibilities. Convictions for child molestation and other sex offenses will automatically preclude an individual from employment that involves direct unsupervised contact with students, outreach programs, or access to residence facilities. Workplace or domestic violence, or other convictions for behaviors that would be inappropriate for specific jobs may also be grounds for denial of employment/promotion. This list is not inclusive, but serves to illustrate the decision-making criteria.

No. If there is a criminal conviction, the Criminal Background Check Review Committee will review the results and make the final determination regarding the individual's suitability for employment in the position. The Review Committee may recommend additional controls that a department would need to implement before employing, promoting, or reclassifying a person convicted of a crime. Consideration will be given to the specific duties of the position, the number of offenses and circumstances of each, and whether the convictions were disclosed on the application.

Yes. The Committee reviews all criminal background checks in which convictions are found and makes the final determinations regarding the suitability of individuals for specific positions.

The DOJ will report on conviction results in the State of California, and the FBI will report on national criminal convictions. Criminal background checks automatically report all past criminal convictions in a person's history, unless restricted by contract or law. Only convictions within the past seven years will be considered by the Review Committee.

The following forms can be found on the UCPD website:

• Request for Live Scan Service  (PDF)
• Employee/Applicant Release and Disclosure Form  (PDF)

Sample Letters of Notification (to inform an individual that employment in a particular sensitive position is conditional upon the results of a criminal background check) are available on the Criminal Background Check: Forms & Sample Letters page.

Please contact your supervisor or the appropriate HR representative for your department to find out if your department is offering ERIT.

Eligibility for represented employees is subject to agreement by the applicable union. CUE-IBT, UTPE-TX, UPTE-RX, UPTE-HX and ACBCTC-KB are the only unions that have approved ERIT at this time. Updated information will be posted here as it becomes available.

Employees whose regular appointments are part-time appointments may participate in ERIT, provided that they reduce their time under ERIT at least 5% of full-time and that their appointment percentage under ERIT is at least 50%.

Employees who participate in ERIT will receive holiday pay in proportion to their reduced time, in accordance with the applicable personnel policy or collective bargaining agreement, applicable to part-time employees.

ERIT is a program that allows employees to voluntarily reduce their time in exchange for a commensurate reduction in pay. Like similar programs previously offered, it is an optional tool the University can use during the current budget crisis to save salary costs.

ERIT is being offered as a means to assist the University with salary savings in response to the current budget crisis. It is an option that locations and organizational units may or may not choose to offer employees. Interested employees should check with their appropriate HR representative to find out if ERIT will be offered in their department.

Senior managers are not eligible to participate in ERIT because their efforts are needed full time to guide the University through the current budget crisis. Academic appointees are not eligible because alternative options are being considered for them.

You should have the same reduction in time and pay in each pay period of your ERIT contract. However, with your department head’s approval, your work schedule within a pay period may be flexible from week to week as long as the total time reduced during the pay period is the same as the percentage time reflected in your ERIT contract.

Yes, based on a 40-hour week, 5% of full-time would be 2 hours per week, regardless of whether your previous appointment was 100% or some other percentage.

Yes, if you have a temporary voluntary reduction in time commencing on or after January 1, 2012 and prior to the starting date of ERIT, you may request to participate in ERIT prospectively. If your request is granted, you may enter into an ERIT contract and you need not increase to your regular appointment prior to ERIT in order to reduce your time under ERIT. However, your appointment percentage under ERIT may not be less than 50%. In such case, the department will need to adjust the appointment to its prior FTE before submitting the ERIT request.

Yes, you may participate in ERIT by reducing your time at least 5% of full-time. However, your appointment percentage under ERIT may not be less than 50%.

Department heads may offer ERIT any time between July 1, 2012 and June 30, 2014. Some departments may elect to offer the program for the entire period; others may elect to offer the program only during certain months (such as the summer months); while some may elect to not offer ERIT at all. Check with your department head regarding the availability of the program in your department during the period of time you are interested in reducing your time.

For employees who are paid monthly, an ERIT contract must begin on the first day of a month and end on the last day of a month. For employees who are paid semi-monthly, an ERIT contract would begin on the first day of the month and terminate at the end of the month.

For contracts to be effective July 1, 2012, contract forms for employees paid semi-monthly or monthly must be received by HR-Records Management unit by 5:00 pm on July 9, 2012. For subsequent months, contract forms for all pay schedules must be received by HR-Records Management unit by the 1st of the month in which the ERIT schedule is to be effective. For example, ERIT contracts to be effective on August 1st must be received by 5:00 pm on August 1st.

If the relevant department head approves, and your new position is covered by the ERIT program, you may continue your participation in ERIT for the term of your ERIT contract when you accept another position in the same or a different department.

ERIT participants should review their assigned workloads with their supervisors to work out a corresponding reduction in workload or assignments.

An exempt employee may reduce his or her time and corresponding pay from 5% to 50% of full-time under ERIT. An appropriate workload reduction and a focus on working to meet job responsibilities rather than working a specified period of time are the intended approaches to ERIT for exempt employees. Because time records for purposes of pay cannot be kept for exempt employees who receive the same salary each pay period regardless of hours worked, exempt employees who participate in ERIT may find a schedule involving full days off useful. However, this would not preclude occasionally working some time on those days if necessary to meet a deadline.

No, unfortunately variable appointments by their nature are flexed according to departmental need and is not aligned with this program.

Yes, employees who work these alterative schedules can participate in ERIT.  For example, an employee on a 4/10 schedule who wants to reduce to 90 percent time could work a 4/9 schedule by reducing each work day by 10% (an hour each day); while an employee on a 9/80 schedule can work a 9/72 schedule by working 8 hours per day (a 10% reduction).

No. This is one of the advantages of ERIT. You will continue to accrue vacation and sick leave at your pre-ERIT appointment percentage.

Under ERIT, UCRP service credit will accrue in accordance with your ERIT appointment percentage, so if you reduce your appointment from 100% to 75%, you will accrue 75% service credit. Your retirement contributions under ERIT will be based on the reduced salary.

Buyback of UCRP service credit applies to leaves of absence. There is no provision in UCRP for buying back service credit for reductions in time.

No, your eligibility for health and welfare benefits will not be affected by ERIT because your percentage of time on pay status under ERIT cannot be reduced below 50% time.

Disability benefit payments for both the Short-term Plan and the Supplemental Plan will be based on your pre-ERIT salary and your premiums will continue to be based on your pre-ERIT salary.

Supplemental and Dependent Life insurance will not be impacted by participation in ERIT– premiums and coverage will continue to be based on your full-time salary rate. Basic Life insurance will be calculated using your full-time salary rate and your pre-ERIT appointment percentage.

Highest Average Plan Compensation (HAPC), which is used to calculate UCRP Monthly Retirement Income or Lump Sum Cashout, is based on monthly Full-Time Equivalent Compensation and does not change as a result of participation in the ERIT Program.

Final Salary, which is used to calculate Preretirement Survivor Income, Death Benefits for Members who became active before October 1, 1990, and Disability Income, will be adjusted to reflect the average percent of time on pay status during the preceding 36 months if an employee dies or becomes disabled while, or within 12 months of, participating in the ERIT program.

If your 403(b) or 457(b) contributions are deducted as a percentage of your compensation, your contributions will be reduced if you participate in ERIT.

In addition, your maximum annual contribution to the 403(b) Plan or 457(b) Plan may be affected by your participation in ERIT because it is based on the lesser of your adjusted gross salary or a fixed amount based on age. For example, your maximum annual contribution for 2011 would be based on the lesser of:

• your adjusted gross salary; or
• $16,500 if you are under age 50 as of December 31, 2011 or $22,000 if you are age 50 or older anytime during 2011.

The DCP requires contributions as a specific percentage of eligible salary, therefore, contributions will be lower.

Refer to the list of "Important Considerations" in the ERIT contract.

Deciding to participate in ERIT represents a commitment. However, an unforeseen change of circumstances during your participation may occur that requires you to end your contract. If you wish to return to your pre-ERIT percentage of time, you may do so provided that you give your supervisor at least 30 days advance notice. Advance notice of termination may be waived if your request to terminate your contract is due to an emergency situation. You must complete the ERIT contract amendment and return it in accordance with local ERIT procedures.

ERIT is intended to be two-way commitment between the employee and his or her department for the benefit of both. However, when there is a business need, a department head may end an ERIT contract with 30 days advance notice.

Since ERIT commitments will be used to project departmental savings and for planning purposes during fiscal years 2013-2014, percentages of time should not be changed.

However, if circumstances beyond your control warrent an increase or decrease in your percentage reduction, you may change it once during the ERIT contract with 30 days advance notice. To change your ERIT percentage after initial approval, you must complete the ERIT contract amendment  (PDF) and return it in accordance with the ERIT procedures by the established deadline.

With programs like ERIT, the University hopes to minimize layoffs. However, the current budget uncertainties make it impossible to guarantee protection from a permanent or temporary layoff for employees who volunteer for ERIT.

No, you will retain recall and preferential rehire rights to positions at the same or lesser percentage of time as your position prior to the ERIT reduction in time, in accordance with applicable personnel policies or collective bargaining agreements.

Your seniority for the purpose of indefinite layoff will be treated the same as if you had not participated in ERIT. When calculating seniority for the purpose of layoff, departments will need to be sure ERIT participants are credited appropriately.

Procedures for ERIT signup and relevant forms can be found in Employee Initiated Reduction in Time (ERIT) Program section of this website.

For additional details about the ERIT program, please contact your appropriate HR representative or Employee Relations.

Yes. Campus departments may review your personnel file before making a selection. It's a good idea to request a review of your personnel file so you'll know what is in it, so you can be better prepared for job interviews. You want to be able to give your perspective on anything that is in your personnel file, since the department may not review your personnel file until after the interview.

PPSM and many of the labor agreements (CUE, UPTE Research, UPTE Technical, AFSCME) provide for reasonable release time with pay for job interviews on campus (and comparable time for interviews on other campuses). Paid release time is provided for you to meet with a campus Employment Analyst to work on your job search efforts (including resume preparation). Talk to your supervisor about the possibility of working on your resume or doing other job search activities that are not disruptive during work time.

If several employees apply for the same position under preferential rehire rights, the hiring department will review the resumes in the order in which they were received.

You may be able to work in temporary assignments during this period, depending on your skills, the type of assignments available, and other eligibility criteria, based on current policies and contractual agreements.

You should refer to the appropriate contract or Personnel Policies for Staff Members (PPSM) to determine your rights to severance pay in a layoff. (See Policies and Contracts for links.)

Trial employment applies to preferential rehire, but not to recall. The difference between trial employment and probation is that if you are released during trial employment, you are placed back on layoff status without any loss of time towards your preferential rehire eligibility period.

Recall rights are rights back to the same department and same classification title held at time of layoff.  The responsibilities and requirements could vary but if the department has a need for the classification title, it will refer to their recall list.

If you accept a job off campus, you can still exercise your preferential rehire and recall rights during your eligibility period. Be sure to verify your eligibility period with your recruiter in Employment Services or your Department Personnel Manager.

You can apply for as many jobs as you wish, as long as they meet the eligibility requirements for preferential rehire under the contract or policies that govern your employment and as long as you meet the qualifications of the job.

Refusing a job offer while you're on preferential rehire or recall status may cause you to lose your preferential rehire and recall rights. The number of refusals allowed varies by policy and union contract, so you should check the contract or policy that governs your employment for details. The recruiter in Employment Services will also give you a layoff checklist that will include this information.

Preferential rehire covers any open, vacant position for which you are qualified and which is at the same salary or lower salary range midpoint as your former position. If you are covered by a bargaining unit, preferential rehire rights only apply to positions within that bargaining unit.

All University employees have certain rights in relation to layoff, unless they are Managers and Senior Professionals in Salary Grades VIII and IX or in the Executive Management Program. Your rights may vary depending upon the union contract or personnel policy that governs your position. These rights may include preference for reemployment and recall to the job from which you are laid off. You may be eligible for severance pay. To learn what you are eligible for, read the union contract or Personnel Policies for Staff Members that covers your position, in the section(s) relating to layoff or reductions in time.

If you believe your layoff violates the union contract or personnel policy covering your position, you may file a grievance (under union contracts) or a complaint (under Personnel Policies for Staff Members). The grievance and complaint procedures are included in the union contracts and in Personnel Policies for Staff Members.

The UCRP retirement calculation is based on your age and total service credit at time of retirement and your highest average plan compensation (HAPC), the full-time salary rate over any consecutive 36-month period. Therefore, accepting an appointment at a lower compensation level will not reduce your HAPC.

If you meet eligibility requirements, (a University of California Plan member who is age 50 or more with 5 years or more of retirement service credit or a member of a reciprocal retirement plan) the University may continue to contribute toward the cost of your University-sponsored medical and dental coverage when you retire from the University. To be eligible, you must begin receiving monthly retirement income within 120 days of your separation from employment (your coverage in the medical and dental plan must be uninterrupted during this period). Your eligibility for this benefit also depends on the date you were hired and your years of service credit in UCRP or other retirement plan to which the University contributes. For more information, see the Retirement Handbook  (PDF), also available from your Department Benefits Counselor.

UC's health plans do have mental health coverage. For more information on how to access this coverage, contact your health plan directly or go to CARE Services, who can assist you with a referral.

Some benefits can be continued through the Consolidated Omnibus Reconciliation Act (COBRA). You and/or your eligible family members may be eligible to continue your UC-sponsored medical, dental, vision, and Health Care Flexible Spending Account (Health FSA) through COBRA continuation. Note: All payments under COBRA, including those for the Health FSA, are with after-tax dollars; you must apply within 60 days of receiving a COBRA notice or your layoff date, whichever is later.

Some coverage can be maintained for four months by paying premiums, and then converted: You may continue your Supplemental Life, Dependent Life, Accidental Death, and Dismemberment for up to four months after the month your layoff begins. To make arrangements, contact Angela Dizon (adizon@berkeley.edu or 642-0684) in the Central Payroll Office.

Some coverage can be converted: You may convert your Basic Life, Supplemental Life, and/or Dependent Life (each plan converts from group life to an individual policy) within 31 days of your coverage end date without proof of insurability. For more information, contact the Prudential Life Insurance Conversion Office at 1-877-889-2070, 9:00 am to 5:00 pm, EST.

Some coverage stops: Group disability insurance, Business Travel Accident, and Workers' Compensation end on your last day actively at work.

Generally, you are eligible for unemployment insurance if you are laid off. Contact your local Employee Development Department (EDD) or look on the EDD website to file a claim and locate Unemployment Insurance benefits information.

The EDD Unemployment Insurance booklet is located on the EDD website as follows:

1. Go to the EDD website.
2. Click on Forms & Publications in the left column under General Information.
3. Find Unemployment Insurance Publications and click on Forms and Publications in this section.
4. Scroll down to the DE2320 publication, For Your Benefit-California's Programs for the Unemployed, available in English, Spanish, Chinese, and Vietnamese.

The Indefinite Layoff Benefits Checklist  (PDF) and Benefits Checklist Supplement, provide full information about how benefits are affected when an employee is laid off.

Yes. If a career employee's time is reduced, it is considered a layoff, and the employee is entitled to layoff rights. If an employee has a 100% appointment and it is reduced by 20% to an 80% appointment, the employee has layoff rights to a 100% position. This is true no matter what percentage of time this job is reduced to.

A reduction of time is a layoff only if the University tells the employee he must reduce his time. If the employee requests a reduction, it is not a layoff.

A furlough is that portion of a partial year career appointment during which an employee does not work, planned in advance as part of the schedule. For example, a unit may not need certain staff during the summer months and every year these employees are scheduled to be off for the months of July and August. Furloughs may not exceed a total of three months in a calendar year.

A temporary layoff, however, is usually due to unexpected loss of funding. Staff is laid off for a short period of time (not more than four months) and is then returned to work. Check the applicable contract or PPSM policy for details.

The notice procedure for laying off a group of employees at the same time, when they are covered under the same contract, may differ depending on the provisions of the contract. For example the UC CUE agreement specifies that for five or more full time equivalent (FTE) CUE employees being laid off at the same time, the University must notice the union at least 45 days before the layoff date. The union may use this time to meet with the department to discuss the impact of the layoff. Any meeting would be coordinated through the Labor Relations Unit.

Because contracts have different provisions, it is best to talk to your Employee Relations Specialist about exact requirements for your situation. However, usually the following is required: proposed layoff date, the reason for the layoff, budget information and other information used by management in reaching the decision, names, classification, seniority points for employees in the same classification, rationale for out-of-seniority layoffs, and "before" and "after" organization charts.

The Labor Relations unit provides the notice to the unions after you provide the information to your Employee Relations Specialist, who will coordinate with Labor Relations. The process for the final notice may take up to a week.

Generally, a layoff is by seniority, which means that the least senior person (amount of service with the University) in the classification is laid off. In some situations certain positions require very "special skills," which may require the retention of the employees in these positions. If this occurs, a more senior person may be laid off first. This is an out-of-seniority layoff. Please see Seniority Provisions Calculations for detailed information.

"Special skills" are considered in out-of-seniority layoff actions. There may be situations where a position requires special licensing that the senior person cannot acquire. Or the position may require a credential that cannot be obtained in a reasonable amount of time (3-6 months). The same would hold true if special skills were needed that the senior person could not acquire within a reasonable period of time (3-6 months). Rationales for out-of-seniority layoffs should state that specific skills are required and why the senior person cannot acquire them in a reasonable amount of time.

Your first contact when contemplating a layoff action should be with your Employee Relations Consultant. He/she will help you develop a time line for layoff notice to the employee and the union. In general, we want the employee to be informed as soon as the layoff date has been set.

It's important that you communicate with employees early and often. When you believe layoffs may be possible, keep the staff informed. When you are ready to provide information to the union about specific individuals, tell the employee(s) who are the most likely to be laid off that their position/work is targeted, but that it is in the proposal state. Employees should find out from you, not from the union, that they may be laid off. More detailed information about communications related to layoff may be found in the Communication Guidelines for Departments.

Funding for severance payments when a layoff occurs will be made available through department funds. Departments will want to consider the potential obligation to make severance payments as a part of the budget planning process.

Most contracts and policies specify whether or not severance pay is appropriate. For example the UC CUE agreement specifies that severance pay can be given in lieu of preferential rehire and recall rights. First, read the appropriate contract or policy. Then if you have questions, contact your Employee Relations Specialist to determine whether severance pay can be offered in your layoff situation.

The department that is rehiring an employee needs to ask whether the employee has received severance from the University. If the employee has, and is still receiving severance, the department that originated the layoff calculates the amount to be refunded to the University. To determine repayment policy, consult the appropriate contract or policy.

In PPSM, for example, if an employee received 12 weeks of severance pay and returned to a career position two weeks after being laid off, at the same or higher salary and at the same percentage of time as the position held at the time of layoff, he would owe the University back pay for 10 weeks. The amount would be calculated based on gross earnings and would be submitted to payroll for processing.

The department and employee work out an arrangement for the payback. Payment can either be made in a lump sum or through payroll deduction. Lump sum payments should be made out to UC Regents. If payroll deduction is chosen, a reasonable payback schedule should be determined. For example, it may be reasonable to ask the employee to have one week of severance deducted from his paycheck for each upcoming month. This agreement should be in writing. Individuals should confer with their personal tax consultants regarding tax implications.

The FMLA time off ends immediately upon the death of the employee's seriously ill family member. However, the employee may be entitled to take time off for bereavement leave under policy or contract.

Although in most cases a health condition that qualifies an employee for disability payments under UPD/EPD will also qualify as a serious health condition under FMLA/CFRA, it cannot be assumed that eligibility for disability payments under UPD/EPD automatically entitles an employee to family and medical leave. To qualify for family and medical leave due to the employee's serious health condition, the following three tests must be met:

• The employee must satisfy the employment eligibility requirements under FMLA/CFRA;
• The employee's health condition must satisfy the definition of a serious health condition under FMLA/CFRA; and
• The employee must not have already exhausted his or her entitlement to family and medical leave.

Yes, a supervisor may require an employee to provide reasonable documentation such as a birth certificate or court document of a family relationship or a statement from the employee concerning the relationship.

It will not always be possible to know if a request for vacation should really be considered as family and medical leave and covered under the FMLA and CFRA. However, since vacation is granted based on the department’s operational needs, a department may postpone an employee's request for vacation due to staffing requirements if the employee has not specifically requested vacation for a family and medical leave qualifying reason.

The employee will need to provide sufficient information to establish a qualifying reason under FMLA/CFRA so that the supervisor is aware of the employee's potential entitlement (i.e., that the leave may not be denied). The employee's request can then be reviewed as a potential family and medical leave and eligibility under FMLA/CFRA assessed.

GSIs, GSRs, per diems, and contract employees are entitled to family and medical leave if they meet the eligibility requirements; however, leave need not be granted beyond a predetermined separation date. Under FMLA, University-paid health care coverage is required only if the employee has an entitlement to health care coverage at the time the leave is requested. For the purpose of administering family and medical leave for GSIs and GSRs, the graduate student health insurance premiums paid by the University are considered "employer-provided" health care benefits.

Employees may be eligible for up to 12 workweeks in a calendar year. If and employee has a 100% appointment, this translates to 60 work days or 480 hours. A part-time employee if eligible, also receives 12 workweeks pro-rated according to their established schedule.

Faculty holding joint appointments or without salary appointments will be eligible for family and medical leave only if:

• The "12 months of University service" requirement is met;
• It cannot be clearly demonstrated that the faculty member did not work at least 1,250 hours for the University during the previous 12-month period; and The University is the "primary employer."

Academic appointees must meet the same "12 months of service" criteria as any other employee to be eligible for family and medical leave. In addition, full-time faculty are deemed to have worked the requisite 1,250 hours unless the University can clearly demonstrate that the faculty member has not worked the requisite hours.

No it is not. Although it is harder for part-time and partial year employees to satisfy this requirement, most part-time employees appointed at 75 percent or more time will meet the "1,250 hours worked" requirement, provided that paid and unpaid absences during the previous 12-month period have not been excessive.

You should assume that an exempt appointee with at least 12 months of University service is eligible for family and medical leave unless your written records indicate that the employee has worked less than the required 1,250 hours.

The "1,250 hours worked" requirement means 1,250 hours of actual work, including overtime; it does not include periods of paid leave (including all observed holidays, vacation, and sick leave) and unpaid leave. Service need not be continuous.

In the event that both you and your spouse are eligible for leave under FMLA/CFRA, you may receive 12 weeks each if leave is taken for your own serious health condition or that of a child, spouse or parent.

If both you and your spouse are employed by the University, and you both qualify for leave under the FMLA, you may receive a combined total of 12 weeks of leave for the birth, adoption or placement of a child. Leave can be taken consecutively or simultaneously. Intermittent leave granted for the care of a newborn or placement of a new child can only be granted where business needs permit.

Grandparents, grandchildren, in-laws, domestic partners as well as other persons, who may not be related but are residing in the employee’s household, are not covered by FMLA and/or CFRA. There may be provisions in other policies and contract articles that allow use of leave to care for these individuals, so refer to PPSM, APM or the appropriate union contract.

A family member is a parent, spouse, or child of the employee. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee who stands in place of a parent (that is, who is charged with a parent's rights, duties, and responsibilities) to that child who is either under 18 years of age or is an adult dependent child. An adult dependent child is an individual who is incapable of self-care because of a mental or physical disability within the meaning of Government Code section 12926.

Under federal regulations, a "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, or a clinical social worker who is authorized to practice by the State and performing within the scope of their practice as defined by State law, or a Christian Science practitioner. A health care provider also is any provider from whom the University or the employee's group health plan will accept medical certification to substantiate a claim for benefits.

A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:

• Hospital Care

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

• Absence Plus Treatment

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

• Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care. [NOTE: an employee's own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA.]

• Chronic Conditions Requiring Treatment

A chronic condition which:

1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

• Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

• Multiple treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

You cannot request a diagnosis or description of the condition. Medical certification is limited to the following information:

• Confirmation that the employee (or the employee's family member) has a serious health condition as defined by Federal and State law;
• The date of the onset of the serious health condition;
• The probable duration of the serious health condition;
• A written statement that the employee is not able to perform the essential functions of his or her job; and
• If intermittent leave or a reduced work schedule is being considered, a statement that it is medically necessary.

Although the University is not permitted to request additional information from the employee's health care provider if the employee has submitted a complete certification signed by the health care provider, a health care provider that represents the University may contact the employee's health care provider, with the employee's permission, for the purpose of clarifying and authenticating the medical certification.

The University may require medical re-certification of employees who are completely off work or on a reduced schedule leave once the originally specified leave period has ended. In cases where the leave period is indefinite, a request for re-certification may be made every 30 days.

An employee who is returning from an intermittent family and medical leave cannot be required to obtain a return-to-work medical certification. However, the University can seek re-certification of the underlying illness or injury once the leave period specified on the medical certification has come and gone or prior to that time if:

1. The circumstances have changed (e.g., the employee is absent more
   frequently than the certification indicated); or
2. The University obtains information casting doubt upon the stated
   reasons for the absence.

Under law, medical certification is discretionary for both staff and academic appointees. Leave may be designated by the Department as falling under FMLA/CFRA if you know, or have reason to believe, a serious health condition exists (e.g., the employee is hospitalized). However, University policies and union contracts for staff and academic personnel differ on whether medical certification is mandatory in order to document a FMLA/CFRA qualifying event. Check the applicable policy or union contract, or consult with your Employee Relations Specialist or Office of Academic Personnel.

Yes, under the following circumstances:

Certification of medical release to work may be obtained from staff employees who are not covered by a collective bargaining agreement if the department has a uniformly applied policy requiring all employees who take medical leaves for similar purposes to obtain medical certification of their ability to perform the essential functions of their position.

Certification of medical release must be obtained from employees who are covered by system-wide collective bargaining agreements where family and medical leave has been negotiated, if the employee has been granted a medical leave for any reason except pregnancy-related disability.

Certification of medical release to work may be required from academic employees in accordance with local procedures.

Failure to provide a medical release to return to work when requested by the University may result in denial of reinstatement until after the employee submits the required medical release.

Generally, leaves cannot be retroactively designated as falling under FMLA/CFRA. Any request to retroactively designate time off as FMLA/CFRA leave should be carefully reviewed with your Employee Relations Consultant. If an employee wishes to request that time off be considered as FMLA/CFRA leave, he/she should make the request within 2 days of returning to work.

Yes. Departments must provide the employee with notice of eligibility and designation of the leave as qualifying under FMLA/CFRA. The University's initial notice to an employee that a request for leave will be designated as family and medical leave must be given verbally or in writing within two business days of the date the leave was requested. If the notice is verbal, it must be confirmed in writing no later than the following payday (unless the payday is less than one week after the verbal notice, in which case the notice must be given no later than the subsequent payday). The written notice may be given in any form, including the "Leave of Absence Form."

Grandparents, grandchildren, in-laws or other persons that are not related but are residing in the employee’s household are not covered by FML.

An eligible employee may take FMLA covered leave in order to care for a seriously ill spouse, child, or parent as defined by the law, policy or contract. The health care provider must either certify that third party care is required or that the employee’s presence would be beneficial to the patient. Certification will be sufficient to satisfy this requirement and entitle the employee to FMLA time off. This provision is intended to accommodate needs for leave to provide psychological comfort for a seriously ill eligible family member, and to arrange “third party” care for an eligible family member.

Because health premiums are paid in advance for the entire month (e.g., August earnings generate September UC contributions for September coverage), premiums would have already been paid for the entire month even if the leave began in the middle of the month. If the leave lasted the full twelve weeks, it would also end in the middle of a month. UC contributions for Health insurance coverage would have already been generated at the beginning of that month for the entire month. As a result, the UC contribution may be generated for up to four months, although the actual entitlement is only 12 workweeks.

Yes, in most cases:

• Staff employees who are not covered by a collective bargaining agreement must exhaust all accrued vacation prior to taking an unpaid leave unless otherwise requested by the employee and approved by the department head, provided that the leave is not running concurrently with pregnancy disability or work-incurred illness or disability leave. At the employee's option, accrued sick leave may be used in the event that the employee is taking leave due to his or her own serious health condition or up to 30 days sick leave in the event that the leave is being used to care for the employee's family member.
• The use of paid leave varies by collective bargaining agreement for staff employees who are covered by contracts. You should consult the applicable contract for details.
• Academic appointees may exhaust accrued vacation and sick leave prior to an unpaid family and medical leave. Under no circumstance may the University require that an employee use accrued compensatory time off during family and medical leave. However, if the University allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted against the employee's entitlement to 12 workweeks of family and medical leave.

If an employee receives temporary disability payments under the Workers' Compensation Act and the employee has a serious health condition as defined by Federal and State family and medical leave statutes, the first 12 workweeks of the leave should be designated as family and medical leave, provided that the employee meets the eligibility requirements and has not already exhausted his or her 12 workweek entitlement.

The employer is responsible for designating the FML, not the employee. Leave may be designated by the university as FML if you have knowledge or reason to believe a serious health condition exists (e.g., the employee is hospitalized or off work due to an occupational injury or has communicated to you that the need for leave is to care for a seriously ill family member that is medically documented). It is critical that the University designate qualifying leave as family and medical leave for a number of reasons:

1. to ensure that the employee gets the benefit and protection of the law
2. to establish that we have complied with our notice and designation obligations
3. to make sure that we are not obligated to give additional family and medical leave during that leave year simply because of a failure to properly designate the original leave

No. If the university allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted toward the employee’s entitlement to workweeks of family and medical leave. Further, under no circumstances may the University require that an employee use accrued compensatory time off during family and medical leave.

No. The fact that a holiday may occur within the week taken as family and medical leave has no effect; the week is counted as a week of family and medical leave. However, if employees generally are not expected to report for work for one or more weeks (e.g., winter holiday closure), the days of the closure do not count against the employee's entitlement to family and medical leave.

ASMD does not affect FML. ASMD is not a leave, therefore FML is not affected.

Under the FMLA, employers are allowed to dock the leave banks and pay of FLSA exempt employees for partial day absences without affecting the employee’s qualification for exemption under FLSA. Records of actual hours worked by FLSA exempt staff and faculty who are granted family and medical leave on either a reduced work schedule or on an intermittent basis must be kept to ensure that the employee or member of the faculty receives his or her complete entitlement to 12 workweeks of leave and so that the department knows when the family and medical leave ends.

When an employee takes leave by working a reduced work schedule (e.g., reducing from 100% to 80%) or on an intermittent basis (e.g., a day here and there in different weeks), only the amount of leave actually taken is counted toward the 12 weeks leave entitlement.

If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period should be used to calculate the employee's normal workweek.

An eligible part-time employee is entitled to family and medical leave for a period not to exceed 12 of his or her scheduled workweeks. For example, an employee who has a scheduled workweek of four hours a day (five days a week) is entitled to leave for 12 workweeks each comprised of four hour days.

The 12-month period is a calendar year, January – December.

The University is required to keep such records for Department of Labor inspections for a period of no less than three years. Failure to maintain records is a violation of FMLA and subjects the University to applicable sanctions. If complete records are not kept of all qualified family and medical leaves, the University may find itself in the position of granting additional time off (i.e., up to 12 workweeks) with health care benefits coverage for a qualified family and medical leave because records do not exist showing that family and medical leave had already been taken. Additionally, failure to properly document leave as covered by FMLA could result in disciplinary action being taken against an employee based on absences that were for protected family and medical leave purposes.

The employee's family and medical leave records must be transferred to the new department or campus.

FMLA paperwork should be maintained in a separate file like medical records. [Note: Medical records should not be kept in the employee's personnel file.]

FML generally cannot be retroactively designated/ therefore, it is important to provisionally designate leave as family and medical leave. According to the federal regulations, failure to designate a leave as family and medical means that the person may enjoy the protection of the Act for the period of the leave not properly designated and is still entitled to the 12 workweeks of FML form the date the leave is finally designated.

The home department is the Office of Record and therefore, responsible for determining and documenting eligibility.

Local procedures may vary, but in most cases, the home department has been designated the Office of Record, and therefore, has the responsibility for maintaining all documentation and records pertaining to the family and medical leave. It is also the department’s responsibility to keep the local employee relations, human resources, or academic personnel office updated regarding the status of a given employee’s family and medical leave.