Personnel Policies

Family and Medical Leave (FMLA/CFRA/PDL) Definitions

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.

Child

Biological, adopted or foster child, stepchild, legal ward, or a child of an employee who is standing in loco parentis, who is either under 18 years of age or an adult dependent child.  An adult dependent child is an individual who is 18 years of age or older and incapable of self-care because of a mental or physical disability.

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, below.

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 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.

Incapacity

The inability to work, attend school or perform other daily activities due to the serious health condition, treatment or recovery.

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.

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.

Parent

The biological, foster or adoptive parent, a stepparent or a legal guardian of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child.  Parent does not include “parent-in-law.”

Pregnancy Disability Leave (PDL)

The California Fair Employment and Housing Act provides up to four months (88 work days) leave during the time a woman is actually disabled and unable to perform her job due to pregnancy, childbirth, or related medical conditions.

Upon the documented advice of her health care provider, a pregnant employee may request temporary reassignment to a less strenuous or hazardous position.  If the employer can reasonably accommodate such a request, it must be granted.

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 Specialist, 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 case.  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.