Academic Leaves of Absence

Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL) are unpaid forms of protected leaves that offer job and benefits protection.

It is the policy of the University of California to provide family care and medical leave to eligible employees in accordance with the federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the California Pregnancy Disability Leave Act (PDL).

An employee does not have to specifically mention "family medical leave" nor ask for such a leave in order for the leave to apply to the employee. It is incumbent on the academic leave specialist to make the determination and to classify the time as such, for the protection of both the employee and the University. It is not the employee's choice whether to use the leave, it is the responsibility of the academic leave specialist to designate the leave and allowing an employee to save the leave until some future date or event is not permitted under law and UC policy.

It may be necessary to provide an employee with information and forms regarding their rights under FMLA/CFRA/PDL when any of the following events occur:

• Inpatient care (i.e., an overnight stay) 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 (this does not include emergency room care).
• Any period of incapacity for three consecutive, full calendar days or longer that also involves treatment two or more times by a health care provider.
• Any period of incapacity for more than three consecutive calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment.
• Any period of incapacity due to pregnancy or prenatal care.
• Any period of incapacity or treatment for a chronic serious health condition that is under the supervision of a health care provider.
• Any period of incapacity which is permanent or long term due to a condition for which treatment may not be effective.
• Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.

While FMLA/CFRA/PDA leaves are unpaid leave, there are ways in which one may be paid while on such a leave.

It's important to note the following:

• UCSF administers FMLA/CFRA per calendar year
• A “rolling 12-month period” is used for calculating hours worked for determining if an employee is eligible to take a FMLA/CFRA leave
• Any FMLA/CFRA leave used in the calendar year will decrement your total FMLA/CFRA allotment for that calendar year
• FMLA/CFRA eligibility is re-calculated at the start of every calendar year, to include FMLA/CFRA leaves that are in process

Additional information

Per the contract or policy, the employee may have additional leave above state and federal laws.

It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA/CFRA.

The Family Medical Leave Act (FMLA) is a federal 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.

Eligibility for FMLA  

1. Employees must have 12 cumulative months of UC employment calculated at the time your leave is to start.
   • Part-time and temporary work count toward the 12 months of employment.
   • If employee is on payroll for any part of the week that week counts as a week of employment.
2. Employees must have worked at least 1,250 productive hours immediately preceding the 12 months before your FMLA leave starts.
   • Only time actually worked, including overtime hours, is counted.
   • Productive hours do not include time away used for personal reasons, vacation/PTO, sick/extended sick time, and compensatory time off (CTO).
   • Periods of unpaid leave or layoffs are not counted.
   • A “rolling 12-month period” is used for calculating hours worked for determining if an employee is eligible to take a FMLA leave.
   • A USERRA (Uniformed Services Employment and Reemployment Rights Act) covered military service obligation is credited with hours of service that would have been performed but for the period of military service.

FMLA/CFRA eligibility is re-calculated at the start of every calendar year, to include FMLA/CFRA leaves that are in process.

Federal law is intended for:

• For your own serious health condition
• Care of a newborn or adopted child
• Care for the serious health condition of an eligible family member:
  • Employee's spouse (including those in same-sex marriages)
  • Child (minor or dependent adult)
  • Parent
• Military caregiver leave
• Qualifying exigency leave

Protections:

• Provides job and benefits protection

Compensation

• Unpaid

Leave entitlement

• Up to 12 workweeks

Your rights & obligations: general notices

FMLA Fact Sheet

If an employee takes less than the full amount of leave allowed, they need not re-qualify in terms of the number of hours worked to take additional leave for the same reason as the first leave within the 12-month period.

If the additional leave is requested for a different reason than the original leave, the employee must re-qualify.

Upon return from FMLA/CFRA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA/CFRA leave cannot be counted against the employee.

Employee must submit a “Certification of Health Care Provider for Employee to Return to Work” form to Human Resources prior to their return-to-work date (except for baby bonding, leave to care for a family member, and military leave of absence).

If the employee is covered by the University's health benefits before leave, coverage continues for the duration of leave as if still at work. The employee continues to pays their share of premium.

An employee may choose not to retain group health plan coverage or coverage may lapse during FMLA/CFRA leave. However, when an employee returns from leave, the employee is entitled to be reinstated on the same terms as prior to taking the leave (if the leave was less than 120 days). If the leave was more than 120 days, the employee has a new period of initial eligibility (PIE) and can enroll in new benefits.

Overview

You may be eligible for job-protected leave under pregnancy disability leave (PDL) for time away due to your pregnancy. 

Pregnancy leave encompasses a wide range of pregnancy disability-related leave needs and may include parental/baby bonding time (if eligible) for expectant mothers. Length of time away, pay options, and benefits vary depending on your eligibility, leave situation and needs.

For UCSF Health Sciences Compensation Plan (HSCP) faculty members, PDL is referred to as childbearing leave.

Applicable leave regulation(s)

• California law (PDL) allows you take up to 4 months of job protected disability leave per pregnancy.
• If eligible:
  • Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave due to your own serious health condition (to include pregnancy).  
  • If eligible, PDL and FMLA will run concurrently first at the start of your pregnancy leave.
  • 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.

Additional information

Employees going on PDL may be eligible and/or qualify for leave protections under FMLA and/or CFRA (used for parental/baby bonding time). If eligible for FMLA/CFRA, FMLA will run concurrent with PDL at the start. If birthing parent is using parental/baby bonding time, the bonding period would fall under CFRA; FMLA and CFRA will run concurrently. Once FMLA exhausts, CFRA will continue to run until exhausted if the employee chooses.

Pay options

• Sick
• Vacation/paid time off
• Disability insurance
• HSCP faculty: childbearing leave

Additional resources

Lactation Accommodation Program: Learn about UCSF lactation rooms, UCSF program support services, lactation accommodation policies, and onsite resources and supplies. In addition, discover practical tips and postpartum advice on transitioning to work, creating and maintaining a milk supply, pumping schedules, safe collecting/storing/transporting of human milk, flange sizing, pumps, pump settings, bottle feeding, and more. The program offers a monthly workshop, Pumping & Returning to UCSF.

Overview

Time away to:

• Care for an eligible family member suffering from a serious health condition
• Bond with your newborn, foster child or adopted child

For UCSF Health Sciences Compensation Plan (HSCP) faculty members, the bonding period is referred to as childrearing leave.

• Birthing Parent & Parental/Baby Bonding: Leave is not part of the disability period for the birthing parent; the bonding period shall begin once their disability has concluded. Return to Work Certificate shall be completed by your health provider and returned to Human Resources to begin the bonding period.
• Non-Birthing Parent & Parental/Baby Bonding: For the non-birthing parent, the bonding period begins at time of delivery or after but not before.

Applicable leave regulation(s) (if eligible)

• Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave.
• 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.
• If eligible, FMLA and CFRA will run concurrently in most cases.
• FMLA/CFRA may be taken intermittently, and are most often taken in increments of at least two weeks each when used for bonding time.

If employee is not eligible for protected leave under FMLA/CFRA, leave will be according to respective parental leave policy/bargaining agreement (see Pay Options During Leave of Absence, Paid Parental Leave and/or Childbearing/Childrearing Leave (HSCP Faculty).

Pay options

• Paid parental leave according to bargaining agreement
• Vacation/paid time off
• Sick*
• PFCB (if eligible)
• HSCP faculty: childrearing leave

*Postdoctoral scholars may not apply sick time toward bonding time (see Pay options during leave of absence in this article)

Overview

Time away for the employee’s own qualifying serious health condition that makes the employee unable to perform essential functions of their job.

Applicable leave regulation(s) (if eligible)

• Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave.
• 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.
• If eligible, FMLA and CFRA will run concurrently in most cases.

If employee is not eligible for protected leave under FMLA/CFRA, leave will be considered personal medical leave.

Pay options

• Sick
• Vacation/paid time off
• Disability insurance

Per University policy, faculty members do not accrue sick leave but may be approved for leaves with pay during periods of personal illness or disability. The extended illness leave policy is intended for faculty in the Health Sciences Compensation Plan. Extended illness leave is defined as a health condition that results in an absence of more than two weeks or 10 business days.

Additional resources

For more information, visit UCSF Office of Faculty and Academic Affairs: Leaves and Accommodations

Academic leave is granted “to enable recipients to be engaged in intensive programs of research or study, thus to become more effective teachers and scholars and to enhance their services to the University.”

• Sabbatical: Ladder rank faculty (at or above 50 percent) are eligible for sabbatical leave.

• Professional development: Professional development leave applies to in-residence, Clinical X, adjunct, and HS clinical faculty (at/above 51 percent).

Additional resources

For more information, visit UCSF Office of Faculty and Academic Affairs: Leaves and Accommodations.

Overview

Time away for work related injury, illness, or exposure.

Applicable leave regulation(s) (if eligible)

• Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave.
• 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.
• If eligible, FMLA and CFRA will run concurrently in most cases.

Additional information

UCSF Workers' Compensation

Overview

You may apply to take a military leave in order to take time away from your job for uniformed service (including active duty), training for active or inactive duty, full-time National Guard duty, military training, or to be examined for military fitness. Leave may be with or without pay. If you need to be away from work for reasons related to military service, read on for more information, including eligibility and next steps.

• Military Leaves from UC
• Extended Military Leave Q&A

Applicable leave regulation(s)

Military leave is protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA provides reemployment rights, protects against service-related discrimination and retaliation, and provides health insurance protection for you and your dependents for up to 24 months. 

Read more about USERRA.

Pay options

Employees serving on active military duty in support of an ongoing overseas military mobilization campaign are eligible for supplements to their military pay, subject to terms found in the University's Supplement to Military Pay Policy.

Supplement to Military Pay Worksheet

For more information on military leaves, review the applicable policy/ contract below:

• Academic Personnel Manual: APM - 751 - Leaves of Absence/Military Leave
• Represented Academic Employees: Bargaining Units and Contracts
• GME Housestaff (Residents/Clinical Fellows): Housestaff Information Booklet
• Fresno Housestaff (Residents/Clinical Fellows): Fresno House Staff Handbook

Overview

Time away for eligible employees to attend to qualifying activities or events when their spouse, domestic partner, child parent, or parent-in-law is a military member who is on covered active duty or called to covered active duty or has been notified of an impending call or order to covered active duty. Leave may be taken intermittently or as a reduced schedule.

Criteria for qualified exigency leave

• Your spouse, 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 

Applicable leave regulation(s) (if eligible)

• Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave.
• 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.
• If eligible, FMLA and CFRA will run concurrently in most cases

Pay options

• Vacation/paid time off
• Sick
• PFCB (if eligible)

Overview

Time away for an eligible employee who is the spouse, son, daughter, parent, or “next of kin” of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of unpaid leave during a “single 12 month period” to provide care for the veteran.

Applicable leave regulation(s) (if eligible)

• Federal law (FMLA) allows you to take up to 12 weeks of job-protected leave.
• 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.
• If eligible, FMLA and CFRA will run concurrently in most cases.

Pay options

• Vacation/paid time off
• Sick
• PFCB (if eligible)

A personal leave of absence is unpaid and is at the discretion of departmental approval in coordination with Human Resources.  Personal leave is unprotected and may have impacts to the employee's benefits. Please review Leave without Pay Fact Sheet in its entirety.

For other leave types such as bereavement, jury duty, etc., please view the respective policy/contract according to your classification.

• Academic Personnel Manual: APM Leaves
• Represented Academic Employees: Bargaining Units and Contracts
• GME Housestaff (Residents/Clinical Fellows): Housestaff Information Booklet
• Fresno Housestaff (Residents/Clinical Fellows): Fresno House Staff Handbook

FMLA, CFRA and PDL are unpaid leave regulations that offer job and benefits protection. Employees going on an approved leave of absence may use one or more of the following (if applicable) as income replacement.

Use of any of the available pay options listed below is not mandatory; it is fully optional and requires the employee’s consent. The employee shall understand that leave is unpaid unless using available pay options.

Terms for use of sick leave is described in respective policy/bargaining agreements.

• Academic Personnel Manual: APM Leaves
• Faculty & Non-Faculty Academic: UCSF Office of Faculty and Academic Affairs: Leaves and Accommodations 
• Represented Academic Employees: Bargaining Units and Contracts
• Postdoctoral Scholars:
  • UAW, PX, Article 12, Leaves of Absence
  • UAW, PX, Article 23, Sick Leave
• Resident/Clinical Fellows (represented): CIR/SEIU, M2, Article 14, Sick Leave
• Residents/Clinical Fellows (GME): Housestaff Information Booklet
• Residents/Clinical Fellows (Fresno): Fresno House Staff Handbook

Terms for use of vacation/paid time off leave is described in respective policy/bargaining agreements.

• Academic Personnel Manual: APM Leaves
• Faculty & Non-Faculty Academic: UCSF Office of Faculty and Academic Affairs: Leaves and Accommodations 
• Represented Academic Employees: Bargaining Units and Contracts
• Postdoctoral Scholars:
  • UAW, PX, Article 12, Leaves of Absence
  • UAW, PX, Article 17, Personal Time Off (PTO)
• Resident/Clinical Fellows (represented): CIR/SEIU, M2, Article 13, Vacation
• Residents/Clinical Fellows (GME): Housestaff Information Booklet
• Residents/Clinical Fellows (Fresno): Fresno House Staff Handbook

Overview

Time away from work for the employee’s own qualifying serious health condition. University of California system does not participate in California state disability insurance (CA-SDI). If the employee worked for UC for less than 18 months and their previous employer was in California, they may be eligible for CA-SDI benefits under their previous employer. 

Employees may not apply for both, as it would be considered "double dipping" and would cause an overpayment with the state and/or the vendor.

Qualifying leave types

• Pregnancy disability
• Medical (own illness)

Resources

• Your Guide to UC Disability Benefits Fact Sheet
• Applying For Disability

Postdoctoral scholars

• PSBP Short Term Disability Plan
• The Standard How to File a Claim

Resident/clinical fellows

• Resident/Clinical Fellows New York Life Group Benefit Solution (NYL GBS)
• NYL GBS How to File a Claim

Terms for use of paid parental leave is described in respective policy/bargaining agreement.

• Academic Personnel Manual: APM Leaves
• Faculty & Non-Faculty Academic: UCSF Office of Faculty and Academic Affairs: Leaves and Accommodations 
• Represented Academic Employees: Bargaining Units and Contracts
• Postdoctoral Scholars UAW, PX, Article 12, Leaves of Absence
• Resident/Clinical Fellows (represented): CIR/SEIU, M2, Article 15, Parental Leave
• Residents/Clinical Fellows (GME): Housestaff Information Booklet
• Residents/Clinical Fellows (Fresno): Fresno House Staff Handbook

Residents/clinical fellows who are policy-covered are not afforded paid parental leave but may be eligible for pay for family care and bonding (PFCB).

Pay for family care and bonding (PFCB) offers eligible employees partial income replacement for a specified amount of time per calendar year. PFCB is available for FMLA and/or CFRA leaves taken for the purposes of:

• Caring for a family member with a serious health condition,
• Bonding with a newborn, recently placed adopted child, or foster child
• Military caregiver leave and/or
• Qualifying exigency leave

PFCB is not an available pay option for FMLA and/or CFRA leaves taken for the purposes of an employee's own serious health condition, pregnancy disability, or employee's work-related injury and/or illness. 

PFCB may be taken intermittently and are most often taken in increments of at least two weeks each when used for bonding time.

Not all are eligible for PFCB.

Read more about PFCB.

UCnet articles

Pay for Family Care and Bonding (PFCB)

PFCB FAQs

Childbearing leave is granted to a faculty member, who is a member of a UCSF Health Sciences Compensation Plan (HSCP), for the purpose of childbirth and recovery or related medical conditions. Childbearing leave is provided to a faculty member for the period of time before, during and after childbirth.

Childbearing Leave Factsheet

Childrearing leave is the time a UCSF Health Sciences Compensation Plan (HSCP) faculty member, who is a non-birth parent, is on leave to bond with or care for any child(ren) who becomes a member of their family through birth, adoption or foster care placement.

Childrearing Leave Factsheet