Overview
Qualifying exigency leave provides protected leave to eligible employees to attend to qualifying activities or events when their family member is on covered active duty or called to covered active duty.
Criteria for qualified exigency leave
- Your spouse, domestic partner, son, daughter, or parent is a member of the Armed Forces (including the National Guard and Reserves) who has been notified of an impending call or order to covered active duty.
- For members of the regular armed forces, covered active duty is duty during deployment of the member with the armed forces to a foreign country. For members of the reserve components of the armed forces (members of the National Guard and Reserves), covered active duty is duty during deployment of the member with the armed forces to a foreign country under a call or order to active duty in a contingency operation.
- Leave is needed to support the military member's active duty, including:
- Short-notice deployment to address issues that arise due to a military member being notified of an impending call to active duty seven or fewer calendar days prior to the date of deployment.
- Military events and activities
- Childcare and school activities
- Financial and legal arrangements
- Counseling
- Rest and recuperation
- Post-deployment activities to attend ceremonies sponsored by the military for a period of 90 days following termination of the military member’s active duty
- Parental care
- Additional activities related to the military member’s active duty or call to active duty status
Job protections and pay options
Job protections
- Military exigency is covered under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
- Federal law (FMLA) and California law (CFRA) allow you to take up to 12 weeks of job-protected leave during a rolling 12-month period for all eligible leaves of absence combined.
Pay options
- FMLA and/or CFRA are not paid; however, the Paid Family Care and Bonding (PFCB) will provide a pay option allowing eligible UC employees to elect to use income replacement, calculated at 70% of eligible earnings, for up to eight workweeks while unable to work during an FMLA- and/or CFRA-qualifying leave. PFCB must be taken in increments of at least one week.
- Your balance of job-protected leave
- Accrued vacation, paid time off (if applicable), and/or compensatory time off can be taken in place of unpaid time off; please see relevant policies below.
Provisions
Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for specific qualifying family and medical leave reasons. Eligible employees may take up to 12 workweeks of FMLA per calendar year.
In general, to be eligible for FMLA, you must meet the following eligibility criteria:
- Must have 12 cumulative months of UC employment and
- Must have worked at least 1,250 productive hours immediately preceding the 12 months before your FMLA leave starts. Productive hours do not include time away used for vacation/PTO, sick/extended sick time, and compensatory time off.
The California Family Rights Act (CFRA) is a state law that provides eligible employees with unpaid, job-protected leave for specific, qualifying family and medical reasons. Eligible employees may take up to 12 workweeks of leave per calendar year. Please note, depending on the type of leave, CFRA may run concurrently with FMLA.
In general, to be eligible for CFRA, you must meet the following eligibility criteria:
- Must have 12 cumulative months of UC employment and
- Must have worked at least 1,250 productive hours immediately preceding the 12 months before your CFRA leave starts. Productive hours do not include time away used for vacation/PTO, sick/extended sick time, and compensatory time off.
Please note that the eligibility criteria for CFRA are the same as for FMLA.
Pay for Family Care and Bonding (PFCB) is a pay option for eligible employees to receive up to 70% of their eligible earnings for up to eight workweeks per calendar year for leaves taken under the FMLA and/or CFRA for one of the following reasons:
- Parental bonding
- To care for a family member with a serious health condition
- Military caregiver leave
- Qualifying exigency leave
Steps for taking a qualifying exigency leave
Step1
Review details for taking a leave
Review Taking a Leave of Absence on UCnet to review your rights and available options.
Step2
Inform your manager
Inform your manager of your need for a leave of absence. You should include your anticipated dates out of the office as far in advance as possible.
- Details related to your medical condition or your family member’s medical condition do not need to be shared with your manager.
Step3
Submit your leave request
Submit your leave of absence request with Sedgwick using your personal email address. Once submitted, Sedgwick will partner with you to:
- Return completed Health Care Provider Certification in order to certify your leave.
- Determine the dates you will be on paid and unpaid status, and your obligations while on unpaid status.
- Review your options for pay with Sedgwick.
- Use of accrued leave is guided by your policy or collective bargaining agreement, related to the type of leave you are taking.
- If you are on unpaid status, personal payments will need to be submitted to continue your benefits coverage. You will receive a Benefits Billing Election Form to complete and submit.
Staff employees should contact Sedgwick using one of the following three methods:
- mySedgwick Portal: Access via MyAccess, or at www.Sedgwick.ucsf.edu
- Sedgwick’s Interactive Voice Response System (IVR) at 844-601-8448; absences can be reported 24/7/365
- Call Sedgwick at 844-601-8448 and report the absence with a Sedgwick Representative during normal operating hours, 5 a.m.–5 p.m. Pacific, Monday-Friday.
Step4
Confirm your return-to-work date
As early as possible, contact your supervisor and Sedgwick to confirm your return-to-work date.
Sedgwick will contact you 14 days before your return to confirm that you are coming back to work. Before returning:
- Notify your manager to confirm your return and schedule.
It's important to ensure all your mandatory department compliance is completed before or upon your return to work. Talk with your immediate supervisor or manager regarding any compliance actions you may need to complete.
It is your responsibility to ensure that you are compliant with UC COVID-19 policy as well as any other required immunization and health screenings before returning to work. All relevant UC COVID-19 policy information, FAQs, and forms are included in UC's COVID-19 vaccination policy.
If you will not be returning to work as expected, you must submit timely documentation to Sedgwick outlining the additional leave period requested. You will be required to provide new, complete and updated documentation before your expected return-to-work date.
Step5
Return to work
Upon your return to work, you should:
- Submit your benefit enrollment forms or enroll via UCPath online to reinstate benefit coverage.
- Review your benefit enrollments and benefits summary within 31 days after your return.
- Go to the UCPath portal or phone 855-982-7284.
- Review your first several earnings statements on UCPath.
- Contact Campus Life Services to reinstate any voluntary deductions, such as parking, pre-tax transit, gym, vanpool, etc.