Glossary: FMLA

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Actual Hours Worked	The hours actually worked by an employee, including overtime, but excluding paid time off, vacation leave, sick leave, holidays or compensatory time off. Used to determine an employee's eligibility for FMLA.
California Family Rights Act (CFRA)	Provides the same coverage as the federal FMLA, with one exception: it does not provide leave for a disability due to pregnancy, childbirth or related medical conditions. The California legislature specifically exempted pregnancy disability from the CFRA because pregnancy disability leave (PDA) was already provided through the California Fair Employment and Housing Act. CFRA and FMLA run concurrently.
Disability Insurance	Income replacement for an employee unable to work due to a pregnancy/childbirth, disabling injury, or illness. The employee must be under a doctor's direct and continuous care. UC offers two plans: see Short-Term Disability and Supplemental Disability.
Extended Sick Leave	For a work incurred illness, if an employee has exhausted accrued sick leave, remains disabled, and continues to receive temporary disability payments, the employee shall receive extended sick leave payments in an amount equal to the difference between the temporary disability payments and 80% of the employee's basic salary plus any shift differential which the employee would have received. Total extended sick leave payments shall not exceed twenty-six weeks for any one injury or illness.
Family and Medical Leave Year	The FMLA leave year begins on January 1 of every year and ends on December 31 of each year. Under current policies and collective bargaining agreements applicable to staff and academic personnel, the University of California grants eligible employees up to 12 workweeks of Family and Medical Leave during the leave year. During the leave year, employees who have at least 12 months of University service and who have actually worked at least 1,250 hours during the 12-month period immediately preceding the commencement date of the requested leave shall be granted up to 12 workweeks of Family and Medical Leave for certain family and medical reasons during the 12-month period that begins each January 1. An employee who has the need to continue a Family and Medical Leave that is in progress on December 31 for the same qualifying family or medical reason or to request new FMLA for a new qualifying family or medical reason will be required to be re-certified for Family and Medical Leave in the new calendar year. This means that the employee must have actually worked 1,250 hours as of January 1 (if re-certifying) or as of the date of the new leave onset and a new medical certification from the health care provider. All eligible employees are entitled to continuation of health benefits (i.e., medical, dental, and vision), as provided in the applicable policy or collective bargaining agreement, for all periods of time on approved Family and Medical Leaves. Questions regarding the FMLA leave year designation may be directed to your Employee Relations Consultant or to Academic Personnel.
Family Medical Leave Act (FMLA)	The FMLA provides up to twelve workweeks of leave in a calendar year for the following reasons: An employee’s own serious health condition; The serious health condition of the employee’s child, spouse (domestic partner – see applicable contract or policy) or parent; The birth of a child; or Bonding with the employee’s newborn, newly adopted child, or a child newly placed in the employee’s foster care. Leave taken for this purpose must be completed within a year of the birth or placement in the adoptive or foster home.
Health Care Provider	Under federal regulations, 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.
In Loco Parentis	Describes those with day-to-day responsibilities to care for and financially support a child who is other than biological, adopted, foster, step or legal ward.
Incapacity	The inability to work, attend school or perform other daily activities due to the serious health condition, treatment or recovery.
Inpatient Care	An overnight stay (other than in the emergency room) in a hospital, hospice, or residential medical care facility.
Intermittent Leave	Leave taken in separate periods of time due to a single illness or injury as determined by the health care provider of the individual, rather than for one continuous period of time. Leave may include periods from a quarter hour to several weeks. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy.
Reduced Work Schedule	Reduction of the usual number of hours per workweek, or hours per workday, of an employee for reasons outlined under intermittent leave.
Serious Health Condition	According to federal regulations, is an illness, injury, impairment, or physical or mental condition that involves: Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity related to inpatient care, or any subsequent treatment in connection with inpatient care; Any period of incapacity for three consecutive calendar days or longer that also involves treatment two or more times by a health care provider; Any period of incapacity for three consecutive calendar days or longer that also involves treatment by a health care provider and a regimen of continuing treatment under his or her supervision; Any period of incapacity due to pregnancy or prenatal care; Any period of incapacity due to a chronic serious health condition which is under the supervision of a health care provider; Any period of incapacity which is permanent or long term due to a condition which treatment may not be effective. A serious health condition does not include minor illnesses, such as the common cold, flu, earaches, upset stomach, or routine dental problems, orthodontic treatments, or periodontal disease. Of course, complications, if they arise, could convert a minor illness into a serious health condition. If you have a question about whether a particular illness or injury qualifies as a serious health condition, please contact your Department Personnel Manager, Employee Relations Consultant, or the Academic Personnel Office. The medical certification provision that an employee is “needed to care for” a family member encompasses both physical and psychological care. It includes situations where, for example, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, or is unable to transport himself or herself to the doctor, etc. The term also includes providing psychological comfort and reassurance, which would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care. The term also includes situations where the employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care, such as transfer to a nursing home.
Short-Term Disability	Income replacement for an employee who is unable to work due to a pregnancy/childbirth, disabling injury, or illness. UC pays the premiums and coverage is automatic. To be eligible to receive benefits, the employee must be under a doctor's direct and continuous care and the illness or injury must not be work related. After the waiting period is met, the plan pays 55% of the eligible earnings, up to $800.00 a month maximum for up to 6 months.
Spouse	A husband or wife as defined or recognized under state law for purpose of marriage (domestic partner – see applicable contract or policy).
Supplemental Disability	Employee-paid Income replacement plan for an employee who is unable to work due to pregnancy/childbirth, disabling injury, or illness. To be eligible to receive benefits, the employee must be under a doctor's direct and continuous care. If the disability is not work-related, benefits from this plan are coordinated with benefits from Short-Term Disability. After the waiting period is met, the plan, combined with all other sources of disability or retirement, pays 70% of the employee earnings up to $10,000 a month, for up to 12 months of temporary disability. If the employee is still disabled after 12 months, the employee may be eligible for plan's provision that pays long-term disability benefits. Note: UC does not participate in the employee-paid California State Disability Insurance (SDI) plan because the UC offers its own plans to employees.
Temporary Disability	A physical incapacity that is expected to be completely cured or improved with proper medical attention. Temporary disability benefits provide a partial wage replacement benefit during weeks in which the employee actually sustains a wage loss. Temporary total disability produces a total loss of weekly earnings. A temporary partial disability produces a partial loss of earnings.