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    Title:

    Family and Medical Leave

    Publication date:

    4/21/2021

    Effective date:

    1/01/2021

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory (Berkeley Lab) understands employees require time away from work for family and medical reasons and provides time off for this purpose. This policy explains the rights and responsibilities that employees have consistent with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the California Pregnancy Disability Leave Law (PDLL). This policy also describes two additional leaves available to Berkeley Lab employees: Supplemental Family and Medical Leave, and Military Spouse/Domestic Partner Leave. If applicable state or federal law requires Berkeley Lab to offer any leave in a manner that would be more generous to employees than is currently provided in this policy, Berkeley Lab will comply with the law.

    Who Should Read This Policy

    This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The Policy link on this page.

    Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    Title:

    Family and Medical Leave

    Publication date:

    4/21/2021

    Effective date:

    1/01/2021

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) understands employees require time away from work for family and medical reasons and provides time off for this purpose. This policy explains the rights and responsibilities that employees have consistent with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the California Pregnancy Disability Leave Law (PDLL). This policy also describes two additional leaves available to Berkeley Lab employees: Supplemental Family and Medical Leave, and Military Spouse/Domestic Partner Leave. If applicable state or federal law requires Berkeley Lab to offer any leave in a manner that would be more generous to employees than is currently provided in this policy, Berkeley Lab will comply with the law.

    B. Persons Affected

    This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer (CHRO).

    D. Policy Statement

    1. Family and Medical Leave (FML) — General Provisions
      1. FML is leave offered to eligible Berkeley Lab employees consistent with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the California Pregnancy Disability Leave Law (PDLL) for any of the following six reasons:
        • The employee's disability due to pregnancy, childbirth, or a related medical condition (Pregnancy Disability Leave) (see Section D.2),
        • Parental Bonding Leave (see Section D.3),
        • The employee's serious health condition (see Section D.4),
        • To care for a family member with a serious health condition (see Section D.5),
        • Military Caregiver Leave (see Section D.6), or
        • Qualifying Exigency Leave (see Section D.7).
      2. FML is unpaid leave, but employees have the option to use certain leave accruals to receive pay during FML as described in Sections D.2.b, D.3.d, D.4.c, D.5.c, D.6.d, and D.7.e.
      3. Eligibility for FML Other Than Pregnancy Disability Leave
        1. To be eligible for FML other than Pregnancy Disability Leave (see Section D.2), an employee must have
          • been employed by the University of California for at least a total of 12 months; and
          • worked at least 1,250 hours in the 12 months immediately preceding the start of the leave. (For employees granted military leave, all hours that would have been worked had the employee not been ordered to military duty are included for the purpose of calculating 1,250 hours of actual work.)
        2. An employee who does not use their full entitlement of FML does not need to have worked 1,250 hours in the 12 months immediately preceding any subsequent FML taken for the same qualifying reason in the same calendar year as the initial qualifying leave.
        3. There will be situations where the reason the employee is taking FML will qualify under the FMLA or the CFRA, but not both. Therefore, if the employee exhausts their entitlement under one statute, the employee may still be able to take additional FML under the other statute. For example, when an employee exhausts their FMLA entitlement during Pregnancy Disability Leave (which is not a CFRA-qualifying reason), the employee may later use their CFRA entitlement to take Parental Bonding Leave.
      4. Duration
        1. An eligible employee may take FML for up to 12 workweeks in a calendar year (except when it is used for Pregnancy Disability Leave, Military Caregiver Leave, and situations where the employee's FML does not run concurrently under the FMLA and CFRA) as described in the applicable FML sections below. If the employee is taking FML as Pregnancy Disability Leave, the employee may take such leave for the period of actual disability for up to four months per pregnancy. If the employee is taking FML as Military Caregiver Leave, the employee may take such leave for up to 26 workweeks in a single 12-month leave period. Furloughs and closures of one week or longer that occur during an employee's FML are not counted toward the employee's FML entitlement.
        2. An employee with a predetermined appointment end date or separation date will not be granted FML beyond that date.
      5. Forms in Which FML May Be Taken. FML may be taken as block leave. FML may also be taken on a reduced schedule or intermittent basis under certain circumstances as described in the applicable "Intermittent or Reduced-Schedule Leave" sections below.
      6. Designation. Any leave taken by an eligible employee that qualifies as FML will be designated as such and will be counted against the employee's leave entitlement whether the leave is paid or unpaid. Such deductions will be made in increments that correspond to the amount of leave time actually taken by the employee (which could be weeks, days, hours, and/or partial hours).
      7. Advance Notice
        1. An employee should inform their supervisor and the Integrated Disability and Absence Management team of the need for FML at least 30 days in advance of the anticipated start date of the leave if the leave is foreseeable. If the need for leave is not foreseeable, the employee should give notice to their supervisor as soon as practicable. Failure to comply with this notice requirement may result in postponement of leave.
        2. The employee should also provide notice to their supervisor and the Integrated Disability and Absence Management team as soon as practicable if the period(s) for which the employee needs FML changes.
      8. Documentation and Certification
        1. Berkeley Lab may require that the employee provide a complete and sufficient certification from a health care provider if the employee is requesting FML (1) due to the employee's own serious health condition, (2) as Pregnancy Disability Leave, (3) to care for a family member with a serious health condition, or (4) as Military Caregiver Leave. If the employee is taking Qualifying Exigency Leave, Berkeley Lab may require that the employee provide the certification pertaining to that form of FML. Berkeley Lab will provide the appropriate certification form to the employee based on the type of FML the employee is requesting.
        2. If the employee is requesting FML to care for a family member with a serious health condition or as Parental Bonding Leave, Berkeley Lab may require that the employee provide a Declaration of Family Relationship for Family and Medical Leave.
      9. Use of Paid Leave Accruals During Family and Medical Leave (FML)
        1. An employee may elect to use accrued vacation and/or sick leave during FML, which would otherwise be unpaid, in accordance with the policy provisions below governing each type of FML. If an employee wishes to take unpaid FML and the employee's vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave before taking unpaid FML. The foregoing requirement does not apply if the employee elects to take unpaid Pregnancy Disability Leave instead of using accrued vacation.
        2. If an exempt employee is taking FML on an intermittent or reduced-schedule basis and elects to use accrued vacation and/or sick leave, the deductions from the employee's leave accruals will be made in increments that correspond to the amount of leave actually taken by the employee (which could be weeks, days, hours, and/or partial hours).
        3. The use of paid leave accruals during FML does not extend the total duration of FML to which an employee is entitled.
      10. Reinstatement. When an employee takes FML for reasons other than Pregnancy Disability Leave, reinstatement will be to the same position, or at the division's discretion, to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, provided the employee returns to work immediately following FML. If the employee would have been laid off or terminated if the employee had actually been working during the leave period, the employee will be afforded the same considerations afforded to other employees who are laid off or terminated pursuant to the applicable provisions of Berkeley Lab policy. For reinstatement following a Pregnancy Disability Leave, see Section D.2.e of this policy.
      11. Return to Work
        1. An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of an approved FML. If an extension is needed, the employee should request this in advance of the expected date of return.
        2. An employee who is returning from FML taken (a) for their own serious health condition or (b) as Pregnancy Disability Leave may be required to provide written verification from the employee's health care provider of their ability to return to work in accordance with the Sick Leave policy. Such verification must include any applicable work restrictions (and their expected duration).
      12. Continuation of Health Benefits
        1. An employee on Family and Medical Leave (FML) will continue to have coverage under Berkeley Lab's health plans (medical, dental, and optical) as if on pay status as follows:
          1. When the employee is on a FML that runs concurrently under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA): Continued coverage for up to 12 workweeks in a calendar year.
          2. When the employee is on Military Caregiver Leave under the FMLA: Continued coverage for up to 26 workweeks in a single 12-month period. For the purposes of Military Caregiver Leave, the single 12-month period is the period beginning the first day the employee takes the leave and ending 12 months after that date.
          3. When the employee is on Qualifying Exigency Leave under the FMLA and/or CFRA: Continued coverage for up to 12 workweeks in a calendar year.
          4. When the employee is on a Pregnancy Disability Leave under the California Pregnancy Disability Leave Law, regardless of whether any of the leave runs concurrently with the FMLA: Continued coverage for up to four months in a 12-month period. If any of the Pregnancy Disability Leave runs concurrently under FMLA, the continued coverage provided for that portion of the leave will count toward the employee's FMLA entitlement for up to 12 workweeks of such coverage in a calendar year.
          5. When the employee is on a FML leave under the CFRA that does not run concurrently under the FMLA (e.g., Parental Bonding Leave taken after the employee has exhausted their entitlement under FMLA; CFRA leave taken to care for a family member, such as a sibling, who is not a qualifying family member under the FMLA): Continued coverage for up to 12 workweeks in a calendar year.
          6. When the employee is on a FML leave under the FMLA that does not run concurrently under the CFRA (e.g. Military Caregiver Leave): Continued coverage for up to 12 workweeks in a calendar year.
        2. For details regarding benefits provided during FML, refer to the Family and Medical Leave Fact Sheet (https://ucnet.universityofcalifornia.edu/forms/pdf/family-medical-leave.pdf). Additional information may be obtained by contacting the Berkeley Lab Benefits Office.
        3. To continue health coverage during an approved FML, an employee must continue to make any premium contributions made before taking leave. If an employee is using accrued vacation or sick leave during FML, the employee's premium contributions will continue to be deducted from the employee's paycheck. Failure of the employee to pay their cost share of the health insurance premium may result in loss of coverage. If the employee fails to return to work other than for reasons beyond their control (such as physically being unable to return to work), Berkeley Lab may elect to recover from the employee the portion of premiums it paid on the employee's behalf.
    2. Family and Medical Leave — Due to Pregnancy, Childbirth, or a Related Medical Condition (Pregnancy Disability Leave)
      1. Leave Entitlement. An employee who is disabled because of pregnancy, childbirth, or a related medical condition may take an unpaid Pregnancy Disability Leave for the period of actual disability of up to four months under the California Pregnancy Disability Leave Law (PDLL). Pregnancy Disability Leave may also be used for prenatal care.
      2. Eligibility. An employee may take Pregnancy Disability Leave under the PDLL whether or not the employee meets the FML eligibility requirements set forth in Section D.1.c of this policy. If the employee does meet those eligibility requirements, the Pregnancy Disability Leave will be counted against the employee's FML entitlement under the FMLA as well as the employee's entitlement under the PDLL. Therefore, up to 12 workweeks of Pregnancy Disability Leave will run concurrently under the FMLA and PDLL. Upon concluding a Pregnancy Disability Leave, an employee may be eligible for up to 12 workweeks of FML under the California Family Rights Act (CFRA) for any covered reason (parental bonding, the employee's own serious health condition, or to care for a family member with a serious health condition).
      3. Intermittent or Reduced-Schedule Leave. When medically advisable, an employee may take Pregnancy Disability Leave on an intermittent or reduced-schedule basis. Berkeley Lab may require an employee who is taking such leave on an intermittent or reduced-schedule basis to temporarily transfer to an alternative position if the alternative position better accommodates the required work schedule than the employee's own position. If the temporary transfer does not involve a reduction in hours worked, it will not be counted toward an employee's entitlement to up to four months of Pregnancy Disability Leave. At the conclusion of the Pregnancy Disability Leave (or earlier at Berkeley Lab's option) the employee will be reinstated in accordance with Section D.2.f of this policy.
      4. Use of Paid Leave Accruals During FML Taken as Pregnancy Disability Leave. An employee may elect to use accrued vacation and/or sick leave during FML taken as Pregnancy Disability Leave, which would otherwise be unpaid. For additional information regarding the use of paid leave accruals during FML, refer to Section D.1.i of this policy.
      5. Reasonable Accommodation, Modification of Job Duties, and/or Temporary Transfer. As an alternative to or in addition to Pregnancy Disability Leave, when requested by the employee and medically advisable according to the employee's health care provider, Berkeley Lab will provide (1) reasonable accommodation, (2) modified job duties, and/or (3) a temporary transfer to a less strenuous or hazardous position. If the reasonable accommodation, modification of job duties, or temporary transfer does not involve a reduction in hours worked, it will not be counted toward an employee's entitlement to up to four months of Pregnancy Disability Leave. When the employee's health care provider certifies that the reasonable accommodation, modified job duties, or temporary transfer is no longer medically advisable, the employee will be reinstated in accordance with Section D.2.f of this policy.
      6. Reinstatement. Reinstatement will be to the same position the employee had prior to the Pregnancy Disability Leave, provided that the employee returns to work within four months and immediately following the Pregnancy Disability Leave. If the same position is not available, reinstatement will be to a comparable position at the same location. If the employee would have been laid off or terminated if the employee had actually been working during the leave period, the employee will be afforded the same considerations afforded other employees who are laid off or terminated pursuant to the applicable provisions of Berkeley Lab policy.
      7. Lactation. In addition to Pregnancy Disability Leave, an employee is eligible for lactation breaks in accordance with the Lactation Accommodation policy. Lactation is also considered a pregnancy-related medical condition.
    3. Family and Medical Leave — Parental Bonding Leave
      1. Leave Entitlement. An eligible employee is entitled to FML to bond with their child after the child's birth or placement with the employee for adoption or foster care, and to attend to matters related to the birth, adoption, or placement of the child. Leave granted for such bonding purposes must be concluded within 12 months following the child's birth or placement with the employee.
      2. Intermittent or Reduced-Schedule Leave. The minimum duration of any Parental Bonding Leave is two weeks. However, Berkeley Lab will grant an employee's request for a Parental Bonding Leave for a period of less than two weeks' duration on any two occasions. Otherwise, the employee may only take Parental Bonding Leave for a period of less than two weeks or intermittently or on a reduced schedule at the discretion of the employee's supervisor and then only according to an agreed schedule. Supervisors must assess any such request in conjunction with existing Berkeley Lab needs.
      3. Paid Parental Leave. Eligible employees may take up to four weeks of Paid Parental Leave in accordance with the Berkeley Lab Paid Parental Leave policy.
      4. Use of Paid Leave Accruals During Family and Medical Leave (FML) Taken as Parental Bonding Leave. Employees may elect to use accrued vacation and/or up to 30 days of accrued sick leave during FML taken as Parental Bonding Leave, which would otherwise be unpaid. If an employee wishes to take unpaid FML as Parental Bonding Leave and the employee's vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation before taking unpaid FML as Parental Bonding Leave. For additional information on the use of paid leave accruals during FML, refer to Section D.1.i of this policy.
    4. Family and Medical Leave — For an Employee's Serious Health Condition
      1. Leave Entitlement. Eligible employees are entitled to FML when they are unable to perform one or more of the essential functions of their job due to their own serious health condition, as defined in Section F of this policy.
      2. Intermittent or Reduced-Schedule Leave. When medically necessary for the employee's own serious health condition, an employee may take FML intermittently or on a reduced-schedule basis. If the employee's need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment to minimize the disruption to Berkeley Lab's operations. In addition, if the need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment, Berkeley Lab may require the employee to transfer temporarily (during the period when intermittent or reduced-schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee's regular position.
      3. Use of Paid Leave Accruals During Family and Medical Leave (FML) Taken for an Employee's Serious Health Condition. An employee may elect to use accrued vacation and/or sick leave during FML taken due to their own serious health condition, which would otherwise be unpaid. If an employee wishes to take unpaid FML taken for their own serious health condition and the employee's vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave prior to taking unpaid FML. Supplemental and/or extended sick leave may be used if the employee is receiving temporary disability payments under the Workers' Compensation Act, subject to the Berkeley Lab Workers' Compensation Policy.
    5. Family and Medical Leave — To Care for a Family Member with a Serious Health Condition
      1. Leave Entitlement. An eligible employee is entitled to FML when the employee's assistance is required to care for a family member with a serious health condition. "Family member" and "serious health condition" are terms defined in Section F of this policy. The employee may be required to provide written confirmation of a family relationship for leaves requested for the purpose of caring for a family member with a serious health condition.
        1. When FML is taken to care for a spouse, domestic partner, child (under 18 years or incapable of self-care because of a mental or physical disability), or parent, this leave would use an employee's entitlement(s) under the FMLA and the CFRA to the extent the employee has such entitlement(s) available.
        2. When FML is taken to care for an adult child (18 years or older who does not have a disability that renders them incapable of self-care), grandparent, grandchild, or sibling, this leave would only use an employee's entitlement under the CFRA to the extent the employee has such entitlement available.
      2. Intermittent or Reduced-Schedule Leave. When medically necessary to care for a family member with a serious health condition, an employee may take FML intermittently or on a reduced-schedule basis. If the employee's need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment of the family member, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment to minimize the disruption to Berkeley Lab's operations. In addition, if the need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment of the family member, Berkeley Lab may require the employee to transfer temporarily (during the period when intermittent or reduced-schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee's regular position.
      3. Use of Paid Leave Accruals During Family and Medical Leave (FML) Taken to Care for a Family Member with a Serious Health Condition. An employee may elect to use accrued vacation and/or up to 12 workweeks of accrued sick leave during FML to care for a family member with a serious health condition, which would otherwise be unpaid. If an employee wishes to take unpaid FML taken to care for a family member with a serious health condition and the employee's vacation accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave prior to taking unpaid FML. For additional information on the use of accrued paid leave during FML, refer to Section D.1.i of this policy.
    6. Family and Medical Leave — Military Caregiver Leave
      1. Leave Entitlement
        1. An eligible employee may take FML as Military Caregiver Leave to care for a spouse, domestic partner, son, daughter, parent, or next of kin who is a covered servicemember undergoing medical treatment, recuperation, or therapy for a serious injury or illness. The above terms are defined in Section F of this policy.
        2. An eligible employee is entitled to up to 26 workweeks of Military Caregiver Leave during a single 12-month period. For purposes of this type of FML only, a single 12-month leave period is the period beginning the first day an employee takes leave to care for the covered servicemember and ends 12 months after that date.
        3. Leave is applied on a per-covered servicemember, per-injury basis. Eligible employees may take more than one period of 26 workweeks of leave if the leave is to care for a different covered servicemember or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any single 12-month period.
        4. If an eligible employee does not use all of their 26 workweeks of leave entitlement to care for a covered servicemember during this single 12-month leave period, the remaining part of the 26 workweeks entitlement to care for the covered servicemember for that serious injury or illness is forfeited.
      2. Intermittent or Reduced-Schedule Leave. Military Caregiver Leave may be taken intermittently or on a reduced-schedule basis. If the employee's need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment of the covered servicemember, the employee should consult with their supervisor and make a reasonable effort to schedule the treatment to minimize the disruption to Berkeley Lab's operations. In addition, if the need for intermittent or reduced-schedule leave is foreseeable based on planned medical treatment, Berkeley Lab may require the employee to transfer temporarily (during the period when intermittent or reduced-schedule leave is required) to an alternative position for which the employee is qualified and that better accommodates recurring periods of leave than the employee's regular position.
      3. Documentation and Certification. Employees may be required to provide a certification completed by an authorized health care provider of the covered servicemember that provides information necessary to establish entitlement to Military Caregiver Leave. In addition, employees may be required to provide certain information (or have the covered servicemember provide information) establishing that the servicemember is a covered servicemember for the purposes of Military Caregiver Leave, their relationship with the employee, and an estimate of the leave needed to provide care.
      4. Use of Paid Leave Accruals During Family and Medical Leave (FML) Taken as Military Caregiver Leave. An employee may elect to use accrued vacation and/or up to 26 workweeks of sick leave during FML taken as Military Caregiver Leave, which would otherwise be unpaid. If an employee wishes to take unpaid FML as Military Caregiver Leave and the employee's vacation leave accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave prior to taking unpaid Military Caregiver Leave. For additional information on the use of accrued paid leave during FML, refer to Section D.1.i of this policy.
    7. Family and Medical Leave – Qualifying Exigency Leave
      1. Leave Entitlement. An eligible employee may take FML as Qualifying Exigency Leave to attend to any qualifying exigency (as defined below) when their spouse, domestic partner, child, or parent is a military member who is on covered active duty or call to covered active duty status (or has been notified of an impending call or order to active duty). "Covered active duty or call to covered active duty status" is a term defined in Section F of this policy.
      2. Qualifying Exigency. A Qualifying Exigency is defined as any one of the following, provided that the activity relates to the military member's covered active duty or call to covered active duty status:
        • 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, including official ceremonies,
        • Childcare and school activities for a child of the military member who is either under the age of 18 or incapable of self-care,
        • Financial and legal arrangements to address the military member's absence or to act as the military member's representative for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status and for the 90 days after the termination of the military member's covered active duty status,
        • Counseling (provided by someone other than a health care provider) for the employee, the military member, or for a child of the military member who is either under the age of 18 or incapable of self-care;
        • Rest and recuperation (up to 15 days of leave for each instance) to spend time with a military member who is on short-term, temporary rest and recuperation leave during deployment;
        • Post-deployment activities to attend ceremonies sponsored by the military for a period of 90 days following termination of the military member's covered active duty and to address issues that arise from the death of a military member while on covered active duty status,
        • Parental care for the parent of the military member when the parent is incapable of self-care, or
        • Additional activities related to the military member's active duty or call to active duty status when Berkeley Lab and the employee agree that such activity qualifies as an exigency and agree to both the timing and duration of the leave.
      3. Intermittent or Reduced-Schedule Leave. Qualifying Exigency Leave may be taken intermittently or on a reduced-schedule basis.
      4. Documentation and Certification. Employees may be required to provide a copy of the military member's active duty orders. Employees may also be required to provide certification of (1) the reasons for requesting Qualified Exigency Leave, (2) the beginning and end dates of the qualifying exigency, and (3) other relevant information.
      5. Use of Paid Leave Accruals During Family and Medical Leave (FML) Taken as Qualifying Exigency Leave. An employee may elect to use accrued vacation leave during FML taken as Qualifying Exigency Leave, which would otherwise be unpaid. If an employee wishes to take unpaid FML as Qualifying Exigency Leave and the employee's vacation leave accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave prior to taking unpaid FML. For additional information on the use of accrued paid leave during FML, refer to Section D.1.i of this policy.
      6. Advance Notice. The employee will provide notice of the need for leave as soon as practicable, pursuant to Section D.1.g of this policy.
    8. Supplemental Family and Medical Leave (Supplemental FML)
      1. Eligibility and Use
        1. A regular status employee who has exhausted all FML is eligible for Supplemental FML for up to an additional 12 workweeks or until the end of the calendar year, whichever is less, if the need for the FML that is in progress continues beyond 12 workweeks.
        2. However, the aggregate absence from work for Pregnancy Disability Leave, other FML, and Supplemental FML may not exceed seven months during the calendar year, except as may be required by law.
      2. Benefits Coverage. For employees on Supplemental FML, health plan coverage (medical, dental, and optical) will continue in accordance with each plan's requirements.
      3. Use of Paid Leave Accruals. Supplemental FML is unpaid leave. However, an employee may elect to use accrued vacation and/ or sick leave during Supplemental FML if the underlying FML was taken because of (a) the employee's serious health condition or (b) disability due to the employee's pregnancy, childbirth, or a related medical condition. In addition, an employee may elect to use accrued vacation and/or up to 30 days of sick leave in a calendar year if the underlying FML is to care for a family member with a serious health condition, for Parental Bonding Leave, or for Military Caregiver Leave as provided for under the applicable provisions of this policy.
      4. Reinstatement. Reinstatement will be to the same or, at the division's discretion, a similar position in the same division, provided that the employee returns to work immediately following termination of the leave. If the employee would have been laid off or terminated had the employee actually been working during the leave period, the employee will be afforded the same considerations afforded other employees who are laid off or terminated pursuant to the applicable provisions of Berkeley Lab policy.
      5. Return to Work. An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of their approved Supplemental FML. If an extension is needed, the employee should request this in advance of the expected date of return. An employee who is returning from Supplemental FML for their own serious health condition or pregnancy disability may be required to provide written verification from the employee's health care provider of their ability to return to work. Such verification must include any applicable work restrictions (and their expected duration).
    9. Military Spouse/Domestic Partner Leave
      1. Leave Entitlement. An employee who is a spouse or domestic partner of a member of the Armed Forces, National Guard, or Reserves may take this leave during a qualified leave period when the employee's spouse or domestic partner is on leave from a Period of Military Conflict. A qualified leave period for this type of leave means the period during which the qualified member is on leave from deployment during a period of military conflict. An eligible employee will be entitled to up to a maximum of 10 days of unpaid leave during a qualified leave period. "Qualified member" and "period of military conflict" are terms defined in Section F of this policy.
      2. Eligibility. To be eligible for this leave, an employee must satisfy all of the following criteria:
        1. Be a spouse or domestic partner of a qualified member,
        2. Perform services for the University of California for an average of 20 or more hours per week,
        3. Provide Berkeley Lab with notice of the employee's intention to take the leave within two business days of receiving official notice that the qualified member will be on leave from deployment, and
        4. Submit written documentation certifying that the qualified member will be on leave from deployment during the time that the leave is being requested by the employee.
      3. Use of Paid Leave Accruals. An employee may elect to use accrued vacation leave for Military Spouse/Domestic Partner Leave, which would otherwise be unpaid. If an employee wishes to take unpaid Military Spouse/Domestic Partner Leave and the employee's vacation leave accrual balance is at the maximum, the employee will be required to use at least 10 percent of accrued vacation leave prior to taking unpaid Military Spouse/Domestic Partner Leave.

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    Term

    Definition

    California Family Rights Act (CFRA)

    The sections of the California Fair Employment and Housing Act that contain family care and medical leave provisions for California employees.

    Career appointment

    An appointment established at a fixed or variable percentage of time at 50 percent or more of full-time that is expected to continue for one year or longer.

    Covered active duty or call to covered active duty status

    For purposes of Family and Medical Leave – Qualifying Exigency Leave, "covered active duty or call to covered active duty status" is defined as (1) in the case of a member of the regular Armed Forces, duty during the deployment to a foreign country or (2) in the case of a member of the Armed Forces Reserve, duty during the deployment to a foreign country under a federal call or order to active duty in support of a contingency operation, during a war, or during a national emergency declared by the President or Congress so long as it is in support of a contingency operation.

    Covered servicemember

    For purposes of Family and Medical Leave – Military Caregiver Leave, a "covered servicemember" is a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list; or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

    Covered veteran

    For purposes of Family and Medical Leave – Military Caregiver Leave, a "covered veteran" is an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FML to care for the covered veteran.

    Domestic Partner

    A domestic partner means the individual designated as an employee's domestic partner under one of the following methods: (1) registration of the partnership with the State of California; (2) establishment of a same-sex legal union, other than marriage, formed in another jurisdiction that is substantially equivalent to a State of California-registered domestic partnership; or (3) filing of a Declaration of Domestic Partnership form with the University of California. If an individual has not been designated as an employee's domestic partner by any of the foregoing methods, the following criteria are applicable in defining domestic partner: each individual is the other's sole domestic partner in a long-term, committed relationship with the intention to remain so indefinitely; neither individual is legally married, a partner in another domestic partnership, or related by blood to a degree of closeness that would prohibit legal marriage in the State of California; each individual is 18 years of age or older and capable of consenting to the relationship; the individuals share a common residence; and the individuals are financially interdependent.

    Family and Medical Leaves (FML)

    Leaves that Berkeley Lab offers employees for specified family and medical reasons, consistent with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and/or California's Pregnancy Disability Leave Law (PDLL).

    Family and Medical Leave Act (FMLA)

    A federal law that allows an employee to take unpaid leave (1) due to the employee's serious health condition (including disability resulting from pregnancy, childbirth, or a related medical condition), (2) to care for certain family members if they have a serious health condition, (3) to bond with their new child after the child's birth or placement with the employee for adoption or foster care, (4) for Military Caregiver Leave, or (5) for Qualifying Exigency Leave.

    Family member for purposes of Family and Medical Leave

    An employee's spouse, domestic partner, children (including children of the employee's domestic partner), parents, grandparents, grandchildren, and siblings. (Section D.5 explains which statutory entitlement(s) would apply depending on the family member for whom an employee is taking Family and Medical Leave and the type of leave being taken.) Step-relatives and relatives by virtue of adoption, foster care, and legal ward/legal guardian relationships are included on the same basis as the above-listed blood relatives. "In loco parentis" relationships also qualify, which means that (a) "parent" includes a person who had day-to-day responsibilities to care for the employee or financially supported the employee when the employee was a child, and (b) "child" includes a person for whom the employee has day-to-day responsibilities to care for the child or financially supports the child. In-laws are not included.

    Next of kin

    For purposes of Family and Medical Leave – Military Caregiver Leave, "next of kin" is either (a) the nearest blood relative of the covered servicemember (other than the covered servicemember's spouse, domestic partner, parent, son, or daughter) or (b) the person who the covered servicemember has designated in writing as their nearest blood relative for purposes of Military Caregiver Leave.

    Outpatient status

    For purposes of Family and Medical Leave – Military Caregiver Leave, "outpatient status" is the status of a servicemember assigned to a military medical treatment facility as an outpatient, or assigned to a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

    Parent of a covered servicemember

    For purposes of Family and Medical Leave – Military Caregiver Leave, a "parent of a covered servicemember" is a covered servicemember's biological, adopted, step, or foster parent or any other individual who stood in loco parentis to the covered servicemember when the covered servicemember was a child. The definition does not include parents-in-law.

    Period of military conflict

    For purposes of Military Spouse/Domestic Partner Leave, a "period of military conflict" is a period of war declared by the United States Congress, or a period of deployment for which a member of a reserve component is ordered to active duty as defined in the California Military & Veterans Code Section 395.10.

    Pregnancy Disability Leave Law (PDLL)

    The sections of the California Fair Employment and Housing Act that contain pregnancy disability leave provisions for California employees.

    Qualified Member

    For purposes of Military Spouse/Domestic Partner Leave, a "qualified member" is a person who is (1) a member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, (2) a member of the National Guard who has been deployed during a period of military conflict, or (3) a member of the Reserves who has been deployed during a period of military conflict.

    Regular Status Employee

    A career employee who is not required to serve a probationary period, or who has successfully completed a probationary period and any extension thereof.

    Serious Health Condition

    For purposes of Family and Medical Leave, a serious health condition is an illness, injury (including, but not limited to, an on-the-job injury), impairment, or physical or mental condition that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse.

    • Inpatient Care means a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity. A person is considered an inpatient when a health care facility formally admits them to the facility with the expectation that they will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.
    • Incapacity means the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
    • Continuing Treatment means ongoing medical treatment or supervision by a health care provider.

      A serious health condition involves one or more of the following:
    • Inpatient Care (as defined above).
    • Absence Plus Treatment — A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves (a) treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or (b) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (e.g., a course of prescription medication, or therapy requiring special equipment, to resolve or alleviate the health condition). This does not include taking over-the counter medications or activities that can be initiated without a visit to a health care provider (e.g., bed rest, exercise, drinking fluids).
    • Pregnancy (which is covered as a serious health condition under the FMLA but not under the CFRA) — A period of incapacity due to pregnancy, childbirth, or related medical conditions. This includes severe morning sickness and prenatal care.
    • Chronic Conditions Requiring Treatment — A chronic condition that (a) requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
    • Permanent/Long-Term Conditions Requiring Supervision — A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. The person must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of disease.
    • Multiple Treatment (Non-Chronic Conditions) — Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

    Serious injury or illness of a covered servicemember

    For purposes of Family and Medical Leave – Military Caregiver Leave, a serious injury or illness of a covered servicemember is (a) for a current member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred or aggravated by the covered servicemember in the line of duty on active duty in the Armed Forces that may render the servicemember medically unfit to perform the duties of their office, grade, rank, or rating; and (b) for a veteran of the Armed Forces, an injury or illness that was incurred or aggravated in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran.

    Single 12-month leave period

    For purposes of Family and Medical Leave – Military Caregiver Leave, a "single 12-month leave period" means the period beginning on the first day the employee takes leave to care for the covered servicemember and ending 12 months after that date.

    Son or daughter of a covered servicemember

    For purposes of Family and Medical Leave – Military Caregiver Leave, a son or daughter of a covered servicemember is of any age and is a biological, adopted, or foster child, stepchild, or legal ward of a covered servicemember or someone for whom the covered servicemember stood in loco parentis when that person was a child.

    G. Recordkeeping Requirements

    Records related to leaves covered by this policy will be kept confidential and separate from other personnel records.

    H. Implementing Documents

    Additional information may be found on the Integrated Disability and Absence Management Services website.

    I. Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Re-write for wiki (brief)

    All

    Minor

    8/24/2015

    1

    L. Westphal

    Re-write for wiki (policy)

    All

    Major

    7/3/2020

    2

    W. Crosson

    Re-write to align with the UC Absence from Work policy. Berkeley Lab's Pregnancy Disability Leave policy has been incorporated into this policy.

    All

    Major/30 day

    4/21/2021

    3

    W. Crosson

    • Revision for compliance with the new legal requirements of CFRA, effective January 1, 2021, and corresponding updates to FML implementation parameters
    • Added section on lactation to align with UC policy
    • Stylistic edits to numerals per UC style guide
    • Added and updated definitions and content to align with UC policy
    • Updated links

    All

    Editorial

    DOCUMENT INFORMATION

    Title:

    Family and Medical Leave

    Document number

    02.07.003.000

    Revision number

    3

    Publication date:

    4/21/2021

    Effective date:

    1/01/2021

    Next review date:

    4/21/2024

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.13

    Functional Division

    Human Resources

    Prior reference information (optional)


    Source Requirements Documents

    • DOE Contract DE-AC02-05CH11231, Sec. J, App. A, Advance Understandings on Human Resources
    • University of California Absence from Work Policy

    Implementing Documents

    None

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