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Pay for Family Care and Bonding

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    Title:

    Pay for Family Care and Bonding

    Publication date:

    8/25/2021

    Effective date:

    7/1/2021

    BRIEF

    Policy Summary

    This policy describes a partial income replacement option for employees who take a Family and Medical Leave (FML) for family care or parental bonding.

    Who Should Read This Policy

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

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, employees may contact the Lawrence Berkeley National Laboratory (Berkeley Lab) Integrated Disability and Absence Management (IDAM) team at [email protected].

    Title:

    Pay for Family Care and Bonding

    Publication date:

    8/25/2021

    Effective date:

    7/1/2021

    POLICY

    A. Purpose

    This policy describes a partial income replacement option for employees who take a Family and Medical Leave (FML) for family care or parental bonding.

    B. Persons Affected

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

    C. Exceptions

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

    D. Policy Statement

    1. General
      1. In order to support employees' need to take leave to care for their family members, Lawrence Berkeley National Laboratory (Berkeley Lab) offers eligible employees Pay for Family Care and Bonding (PFCB), which is a partial income replacement option for up to eight workweeks per calendar year.
      2. To be eligible for PFCB, an employee must be on an approved block Family and Medical Leave (FML) taken for one of the qualifying reasons below, and the employee must be taking that leave in a block of a minimum of one workweek.
      3. Family and Medical Leaves that qualify for the PFCB option are those leaves taken under the Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) for parental bonding, to care for a family member with a serious health condition, for Military Caregiver Leave, or for Qualifying Exigency Leave. Section D.1.c of the Family and Medical Leave policy outlines the eligibility requirements for FMLs. PFCB is not an option available during any other type of leave, including Supplemental FML.
      4. If an employee elects to use PFCB for a particular qualifying FML block leave rather than using paid leave accruals or taking the leave without pay, the employee must continue to use PFCB until they either exhaust their full eight workweeks of PFCB for the calendar year or that qualifying FML block leave ends. If their leave ends before they have used the full eight workweeks of PFCB for the calendar year, the remainder is available to use during a qualifying FML block leave later in the calendar year.
      5. An employee may not use paid leave accruals (vacation, sick leave) while receiving PFCB.
    2. PFCB Calculation. The PFCB option provides pay calculated at 70 percent of an employee's eligible earnings.
      1. Eligible Earnings. Eligible earnings include an employee's base salary payable through Berkeley Lab. Eligible earnings do not include (if applicable) bonuses, perquisites, overtime pay, administrative stipends, shift differentials, uniform allowances, certification pay, specialty pay, emergency response pay, charge differentials, on-call differentials, or any pay that is received in addition to that of the employee's regular appointment, including "by agreement" payments, and any other additional cash compensation received that is more than 100 percent of the base salary of the full-time equivalent of the employee's regular position. However, if the employee's only appointment is a "by agreement" appointment, and the employee meets all other PFCB eligibility criteria, those earnings are considered eligible earnings.
      2. Appointments Established at a Fixed Percentage. If the employee has an appointment established at a fixed percentage, PFCB is based on the salary rate in effect during the employee's leave.
      3. Appointments Established at a Variable Percentage
        1. If the employee has an appointment established at a variable percentage, eligible earnings are an average of the employee's eligible earnings for the three calendar months (for an employee paid on a monthly basis) or six pay periods (for an employee paid on a biweekly basis) immediately prior to the period in which the leave begins, excluding approved leave without pay. This average is calculated as follows:
          1. For an employee paid on a biweekly basis, the sum of hours paid in the six pay periods immediately prior to the period in which the leave begins is divided by 12 to determine the average hours worked per week. The average hours worked per week is then multiplied by 0.7 to determine the number of hours per week the employee is to be paid while receiving PFCB.
          2. For an employee paid on a monthly basis, the sum of the time paid in the three calendar months immediately prior to the period in which the leave begins is divided by three to determine the average time worked per month. The average time worked per month is then multiplied by 0.7 to determine the time per month the employee is to be paid while receiving PFCB.
        2. If the consecutive three months or six biweekly pay periods immediately preceding the beginning of the leave cannot be used due to approved leave without pay, the look-back period may be extended up to, but no longer than, one year prior to the beginning of the leave, using the most recent applicable pay periods.
      4. Pay and Benefit Considerations. Because an employee is paid 70 percent of eligible earnings when receiving PFCB, accruals and service credit are calculated as if the employee is on pay status for 70 percent of their normal hours.
        1. Taxability and Deductions. PFCB is considered taxable wages. An employee's normal deductions are taken from PFCB.
        2. Vacation and Sick Accruals. Per the Vacation Leave policy, an employee accrues vacation leave based on type of appointment, years of qualifying service, and hours on pay status. Per the Sick Leave policy, an employee accrues sick leave based on hours on pay status. A full-time career employee on an approved leave without pay accrues full sick leave credits for the month or quadriweekly cycle if the employee is on pay status at least one-half the working hours of the month or quadriweekly cycle.
        3. Employment Service Credit. Employment service credit is used to determine years of qualifying service for an employee's vacation accrual rate and for eligibility for service awards. Employees accrue one month of employment service credit for each month in which they are on pay status at least 50 percent time. If receiving PFCB results in a pay status of less than 50 percent in a given month, an employee will not receive employment service credit for that month.
        4. Retirement Service Credit. Retirement service credit (i.e., service earned as a UCRP member or UC Defined Contribution Savings Choice participant) is earned based upon an employee's covered compensation and their full-time equivalent compensation from a UCRP-eligible appointment. While receiving PFCB, an employee will continue to make required contributions to retirement plans. An eligible employee who is receiving PFCB will receive 70 percent of the retirement service credit they would have earned in their regular and normal appointment.
        5. Benefits. Health and welfare benefits deductions will be taken from PFCB in accordance with the employee's benefit elections. Receiving PFCB does not, in itself, affect benefits status or eligibility. However, benefits regulations affecting return to pay status after a leave without pay will apply if an employee returns to pay status by receiving PFCB.

    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

    Family and Medical Leave (FML)

    Leaves that the University offers employees for specified family and medical reasons, consistent with the federal Family and Medical Leave Act (FMLA), 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

    Full-time

    Full-time status is fixed time at 40 hours per workweek

    Part-time

    Part-time status is fixed time up to 39 hours per workweek

    Pay status

    Includes any period of time for which an employee receives pay for time worked, including compensatory time off, or for time on paid leave. Paid leave time includes sick leave, extended sick leave, vacations, administrative leave with pay, holidays, or military leave with pay.

    Variable time

    A schedule with no fixed percentage of time or schedule. Hours worked will vary depending on operational needs.


    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    None

    I. Contact Information

    For more information, employees may contact the Berkeley Lab Integrated Disability and Absence Management (IDAM) team at [email protected].

    J. Revision History


    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    7/1/2021

    0

    W. Crosson

    New policy: local adoption of UC systemwide policy

    All

    New

    DOCUMENT INFORMATION

    Title:

    Pay for Family Care and Bonding

    Document number

    02.07.027.000

    Revision number

    0

    Publication date:

    8/25/2021

    Effective date:

    7/1/2021

    Next review date:

    7/1/2026

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    none

    Functional Division

    Human Resources

    Source Requirements Documents

    University of California Personnel Policies for Staff Members (PPSM) 2.21, Absence from Work

    Implementing Documents

    None



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