Leaves of Absence
FOR SCHOOL EMPLOYEES
DECEMBER 2013
YOUR RESPONSIBILITIES
• Monitor Attendance – process leave of absence requests
• Identify qualifying leave types
• Requesting appropriate leave forms/documentation
• Notifying employee of the status of leave type
• Determine whether leave of absence is paid or unpaid
THE RIGHT MINDSET
• No two leaves are identical
• It is often a question of: Leave Time versus Pay
• Definition of Family Members – vary by leave type
• Always check your district policy and contract language
General Advice
• Anticipate Change
• Calendar and watch for the following:
•
•
•
•
Exhaustion of paid leave (paid/unpaid)
Exhaustion of available leave (FMLA, CFRA, PDL, 100 days)
Anticipated return dates
Notification timelines (i.e. FMLA, CFRA, catastrophic leave)
WHAT TRIGGERS A LEAVE?
• Absence of less than three days?
• Absence of greater than three days?
• Absence of one full workweek?
Common Paid Leaves for School Employees
Common Term
Certificated
Ed Code
Classified
Ed Code
Illness and Injury
Sick Leave
§44978
§45191
Extended Illness
Sub /Differential
Leave
§44977, 44978.1,
44983
§45196
Work Comp
§44984
§45192
§44965
§45193
Legal Term
Industrial Accident and Illness
Pregnancy Leave
Personal Necessity
Maternity
§44036
§45027
CBA Article
(Local
Contract)
Other Leaves Out There……
• Association Leave (Union Business)
• School Business Leave
• Bereavement Leave
• Child Rearing Leave
• Catastrophic Leave
• Administrative Leave
• Jury Duty
• Vacation
• Discretionary Leave
• Comp Time
• Sabbatical Leave
• Legislative Leave
Other Leaves Out There……
Check your District’s
Collective Bargaining Agreements
Union Contracts
Illness and Injury Leave
“SICK LEAVE”
COUNTING THE DAYS………
Full Paid Sick Leave
• Certificated Staff receive 10 sick days per fiscal year
• Classified Staff receive 1 sick day for each month they work
• Pro-rated for part time, hourly, etc.
• Used on a day-for-day basis
• Can be used in full day or partial day (hourly) increments
• Sick leave accumulates year to year and cannot be lost
• Sick leave is transferable to other California school district, COEs and
Community colleges
Extended Illness (Sub/Differential Sick Leave)
CERTFICATED STAFF EC §44977
• 5 School Months including holidays but NOT summers or “off
track” non-school days
• Applied consecutively* to annual and accumulated sick leave
• Can only be used once per school year regardless of number of
illnesses/accidents
• Pay is regular salary MINUS the amount actually paid to a
substitute OR the amount a substitute would have been paid.
*Consecutively = AFTER all sick leave is exhausted
Extended Illness (Sub/Differential Sick Leave)
CERTFICATED STAFF – OPTIONAL METHOD EC §44983
• Same amount of time as EC §44977, however,
salary deducted is 50%.
• District Board of Trustees must adopt this
alternative and it must be applied to the
entire classification (i.e., all certificated
employees)
• Collective bargaining agreements may or may
not have language regarding Extended Illness
leave; may need to negotiate with District
Teachers’ Association to change policy.
Most districts use the
§44977 formula for
certificated staff.
“Sub Pay Leave”
Example: Certificated Sub/Differential Calendar
5 month Sub/Differential Leave
begins 08/13/12
When does 5 months end?
January 13?
What if Sub Leave begins 10/1?
March 1?
March 12
How do you count “months”
when there are holidays in
some months and not in
others?
5 months = 100 work days
Extended Illness (Sub/Differential Sick Leave)
CLASSIFIED STAFF
TWO OPTIONS EC §45196 (DISTRICT SPECIFIC)
• OPTION ONE:
• 5 Months at the difference between
regular salary and amount actually
paid to a substitute.
• 1. Sub must be hired from “outside”;
• 2. specifically for the position he is
subbing for
• OPTION TWO: (Most Common)
• Not less than 100 Days, including
annual sick leave under EC §45191,
at not less than 50% of regular
salary.
• Commences upon the exhaustion
of accrued sick leave, comp time,
and any and all other leaves to
which the employee is entitled.
Application of the 5 months or 100 days is not discussed in Ed Code as it is with Certificated
(count holidays, don’t count summer break, etc.) BEST PRACTICE: Don’t count holidays or
other non-work days based on the employee’s work calendar.
Example: Classified Option 1 – Five Months Sub Pay
5 month Sub/Differential Leave
begins 08/13/12
When does 5 months end?
January 31
What if Sub Leave begins 10/1?
March 1?
March 22
How do you count “months”
when there are holidays in
some months and not in
others?
5 months = 100 work days
Example: Classified Option 2 – 100 Days 50% Pay
100 Days begins 08/13/12
When is leave exhausted?
January 31
What if 100 days begins 10/1?
March 22
Industrial Illness and Injury Leave
“WORKERS COMPENSATION”
THINGS THAT MAKE YOU GO HMMMMM…….
Industrial Illness and Injury Leave – Work Comp
• Both Certificated and Classified Staff are
entitled to 60 Days of full-paid industrial
accident leave in one fiscal year per illness or
accident
Calculation of WC
combined with sick
leave can be tricky. Sick
leave is used at .33 per
day.
• The 60 days do not accumulate year to year
Differential Pay is
calculated as a full day…
• Upon exhaustion of 60 days, sick leave and
extended sick leave can be used
• Employee is entitled to 100% salary when
combined with temporary disability
Additional Leaves
HOW FMLA / CFRA / PDL INTERTWINE
WITH
SICK LEAVE, EXTENDED LEAVE AND WORK COMP
HERE IS WHERE THINGS GET INTERESTING……… ?
Additional Leaves for School Employees
• Family Medical Leave Act
• California Family Rights Act
FMLA
•
•
•
•
Employee’s injury/illness
Own pregnancy
Care for Family Member
Qualifying Exigency
CFRA
• “Bonding Leave”
• Registered Domestic Partner
• Pregnancy Disability Leave
PDL – Gov’t. Code 12945
• Four months of UNPAID leave
FAMILY MEDICAL LEAVE ACT LEAVE
• Up to 12 workweeks of unpaid leave in a 12 month period
for specific reasons
• Can be used in a “lump sum” or weekly or daily or hourly
– intermittent basis
• Must meet eligibility requirements
• Request for leave includes a qualifying event
FAMILY MEDICAL LEAVE ACT LEAVE
• Qualifying Event:
• Serious health condition of the EMPLOYEE
• Serious health condition of the EMPLOYEE’S CHILD
• Must be a minor or an adult suffering from a disability and
incapable of self-care
• Serious health condition of the EMPLOYEE’s SPOUSE
• BIRTH of a child or placement of a child in the family for
ADOPTION or FOSTER CARE
• Qualifying Exigency
SERIOUS HEALTH CONDITION
• Inpatient care (hospitalization)
• Incapacity more than 3 days and
treatment
• Pregnancy & Prenatal care
• Chronic conditions (e.g. Asthma,
Diabetes, Migraines)
• Permanent or long term
conditions (e.g. Stroke)
• Conditions requiring multiple
treatments (e.g. chemotherapy)
• Not common ailments (cold)
• Flu can be covered if meets
definition
• Chicken Pox
• Mental conditions
FAMILY MEDICAL LEAVE ACT LEAVE
• Eligibility:
1. Employee has been employed by the employer for at
least 12 months prior to starting the leave; AND
2. Employee has actually worked 1,250 hours in the 12
months prior to commencing the leave; AND
3. Employee has not taken 12 workweeks of FMLA and/or
CFRA leave during the appropriate 12-month period
prior to the present request
INTERMITTENT LEAVE
• A change in the employee’s schedule for a period time while recovering
from a serious health condition.
• Leave schedule that reduces the number of hours worked per
workweek or per day.
• Leave taken in separate periods of time due to a single illness or injury.
PREGNANCY DISABILITY LEAVE
• Medically Necessary
• Up to 16 weeks (medically necessary)
• Immediate eligibility
• Runs concurrent with FMLA
• CFRA, if eligible, runs after PDL - Bonding
• If disabled more than four months, consider other laws (CFRA & ADA)
EMPLOYEE ILLNESS / INJURY
1
2
Sick leave
FMLA / CFRA
3
4
5
6
7
8
100 Days Sub Differential / 50% pay
9
10
11
12
EMPLOYEE ILLNESS / INJURY
1
2
Sick leave
FMLA/CFRA
3
4
5
6
7
8
9
10
11
12
13
14
100 Days Sub Differential Pay / 50% pay
No FMLA
coverage
CARE FOR FAMILY MEMBER
1
PN
2
3
4
5
6
7
8
Vacation/Comp Time/ Catastrophic Donations
FMLA / CFRA
9
10
11
12
PDL / FMLA / CFRA / SICK LEAVE
REVIEW HYPOTHETICAL
SCENARIOS
• Allison is pregnant with her first child.
• John is preparing to adopt a child in two months.
• Sara’s mother had a stroke.
• Molly’s son has food allergies.
• Peter’s girlfriend is going to have a baby.
• Bill’s partner has cancer.
QUALIFYING EXIGENCY
• FMLA Only
• Service Member Caregiver Leave
• Up to 26 weeks leave
• To care for an armed forces member who is injured while on active duty
• Spouse, son, daughter, parent or next of kin
• Single 12-month period only
• California Only
• Family Military Leave Act
• Up to 10 days
• Spouse on leave from deployment or being ordered to active duty during a time of
military conflict
RESOURCES
• Employee Request for Leave Checklist
• Leaves At A Glance
• PDL/FMLA/CFRA/Sick Leave - hypothetical
• Pocket Guide to the Family and Medical Leave Acts, Oct 2009
http://cper.berkeley.edu