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

Legal Term Common Term Certificated Ed Code

Illness and Injury Extended Illness Industrial Accident and Illness Pregnancy Leave Sick Leave Sub /Differential Leave Work Comp Maternity § 44978 § 44977, 44978.1, 44983 § 44984 § 44965

Classified Ed Code CBA Article (Local Contract)

§ 45191 § 45196 § § 45192 45193 Personal Necessity § 44036 § 45027

Other Leaves Out There…… • Association Leave (Union Business) • Bereavement Leave • Catastrophic Leave • Jury Duty • Discretionary Leave • Sabbatical Leave • School Business Leave • Child Rearing Leave • Administrative Leave • Vacation • Comp Time • 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 salary.

§45191, at not less than 50% of regular • 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 • The 60 days do not accumulate year to year • 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 Calculation of WC combined with sick leave can be tricky. Sick leave is used at .33 per day.

Differential Pay is calculated as a full day…

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 FMLA • Employee’s injury/illness • Own pregnancy • Care for Family Member • Qualifying Exigency • California Family Rights Act 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)

1 2

Sick leave FMLA / CFRA

3

EMPLOYEE ILLNESS / INJURY

4 5 6 7 8

100 Days Sub Differential / 50% pay

9 10 11 12

1 2

Sick leave FMLA/CFRA

3 4

EMPLOYEE ILLNESS / INJURY

5 6 7 8 9 10

100 Days Sub Differential Pay / 50% pay

11 12 13 14

No FMLA coverage

1

PN

2 3

CARE FOR FAMILY MEMBER

4 5 6 7 8

Vacation/Comp Time/ Catastrophic Donations

9 10

FMLA / CFRA

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