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    Title:

    Sick Leave

    Publication date:

    7/23/2021

    Effective date:

    7/1/2020

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides paid sick leave to continue the salary of eligible employees who are absent from work because of their own illness or injury, medical appointments, for parental bonding, for family illness, for bereavement leave, or while on specified other leaves outlined within this policy. For additional information on bereavement leave, see the Bereavement Leave policy.

    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 their division's Human Resources (HR) Center.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].


    Title:

    Sick Leave

    Publication date:

    7/23/2021

    Effective date:

    7/1/2020

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides paid sick leave to continue the salary of eligible employees who are absent from work because of illness or injury, for medical appointments, for parental bonding, for family illness, for bereavement leave, or while on specified other leaves as outlined within this policy. For additional information on bereavement leave, see the Bereavement Leave policy.

    For information regarding the following leaves applicable to Berkeley Lab that may utilize sick leave, see the University of California Personnel Policies for Staff Members (PPSM) 2.210, Absence from Work policy:

    • Leave for Bone Marrow or Organ Donation.
    • Victims of Domestic Violence, Sexual Assault, or Stalking.
    • Victims of Serious or Violent Felonies.
    • Rehabilitation Leave.

    B. Persons Affected

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

    C. Exceptions

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

    D. Policy Statement

    1. Eligibility for Sick Leave
      1. Berkeley Lab provides sick leave to non-represented employees who:
        1. Hold Career, Term, Visiting Researcher, Limited, and Postdoctoral Fellow appointments, and
        2. Are on pay status at least one-half of the working hours of a month or quadriweekly cycle in which it is earned.
      2. Sick leave eligibility and accruals for Senior Management Group (SMG) members holding dual academic appointments are determined by this policy rather than by the Academic Personnel Manual Policy 710.
    2. Accrual of Sick Leave
      1. An employee accrues sick leave based on hours on pay status. Eligible employees who are on full-time pay status (40 hours a week) accrue approximately one day (eight hours) of sick leave per month. See the Factor Leave Accrual Tables.
      2. Eligible employees appointed at less than full-time status accrue sick leave on a prorated basis.
      3. On-call and overtime hours are not included for purposes of computing the amount of sick leave accrued.
    3. When Sick Leave Is Credited. Accrued sick leave is credited and available for use on the next working day following each month or quadriweekly pay cycle in which it is earned. Eligible separating employees earn proportionate sick leave credit through their last day on pay status.
    4. Sick Leave Accrual During Leaves of Absence
      1. 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.
      2. An employee on leave without pay and receiving temporary disability payments under the California Workers' Compensation Act accrues sick leave on the same basis as if actually working, but accrued sick leave is credited to the employee only upon return to work.
      3. An employee continues to accrue sick leave while on a paid leave of absence, except during professional research or teaching leave in accordance with the Employee Development Leaves of Absence policy.
    5. Maximum Sick Leave Approval Limit. There is no maximum limit on the amount of sick leave that can be accrued.
    6. Use of Accrued Sick Leave
      1. Subject to certain limitations, an employee may use accrued sick leave as follows:

        If you need time away from work

        You may be eligible to use the following amount of accrued sick leave:

        For your own illness, injury, or medical appointments

        All accrued sick leave

        As Family and Medical Leave for your own serious health condition

        Up to 12 workweeks in a calendar year

        As Family and Medical Leave to care for a family member with a serious health condition

        Up to 12 workweeks in a calendar year

        As Pregnancy Disability Leave

        Up to four months per pregnancy

        As Family and Medical Leave to bond with your child after the child’s birth or placement for adoption or foster care, and to attend to matters related to the birth, adoption, or placement of the child

        Up to 30 days per Parental Bonding Leave in a calendar year

        When required to attend to or care for ill family members when leave is not designated as Family and Medical Leave, or to attend to or provide care for other persons residing in your household who are ill

        Up to 30 workdays in a calendar year. An exception beyond the 30-day limit, including the exhaustion of all sick leave in the event of catastrophic illness in the employee’s family or household, may be requested.

        As Family and Medical Leave taken as Military Caregiver Leave to provide care for a family member who is a covered servicemember undergoing medical treatment, recuperation, or therapy

        Up to 12 workweeks in a calendar year

        As Supplemental Family and Medical Leave

        If underlying Family and Medical Leave (FML) was due to your own serious health condition, up to 12 additional workweeks in a calendar year

        If underlying FML was to care for a family member with a serious health condition, parental bonding, or Military Caregiver Leave, up to 30 days in a calendar year only to the extent that the 30 day allotment was not used during the underlying FML

        For a work-related injury or illness

        Up to an amount commensurate with the difference between workers' compensation payment received and the employee’s salary

        To donate bone marrow or an organ

        Up to five workdays for bone marrow donation and 30 workdays for organ donation in a calendar year

        Note: If leave for this purpose qualifies as Family and Medical Leave for a serious health condition, refer to that entry above.

        Because you are a victim of domestic violence, sexual assault, or stalking

        All accrued sick leave

        Because you are a victim of a serious or violent felony

        All accrued sick leave

        For Bereavement Leave

        Up to 10 days for the death of a family member or person residing in your household

        Up to five days in a calendar year for the death of an individual who is not a family member or a person residing in your household

        For additional information, see the Bereavement Leave policy.

        Rehabilitation Leave

        All accrued sick leave

      2. An employee may not use accrued sick leave:
        1. After a predetermined date of separation, retirement, or indefinite layoff;
        2. In excess of their scheduled hours of work (e.g., an employee who is scheduled to work six hours a day would not take eight hours of sick leave a day) up to a maximum of eight hours per day and 40 hours per week, including extended workweek situations;
        3. During work deferment or leave without pay;
        4. On an intermittent basis for purposes of eligibility for holiday pay and employer-paid contributions towards benefits. However, if the employee is taking Family and Medical Leave on an intermittent or reduced schedule basis, refer to the Family and Medical Leave policy for further details; or
        5. As a personal day off. Employees must use their accrued vacation for a personal day off.
      3. Advance Notice of Need for Leave. Before using sick leave, an employee may be required to:
        1. Provide at least 30 days advance notice of foreseeable medical needs (e.g., a planned medical treatment) or as soon as possible; and
        2. Submit satisfactory proof of the inability to work, illness in the family, or bereavement.
      4. Use of Sick Leave during Vacation. An employee who becomes ill while on vacation will be permitted to use sick leave based upon satisfactory verification of the employee's illness or injury. Upon returning to work, an employee may be required to provide a medical release to return to work in accordance with Section D.10.d of this policy.
      5. Use of Sick Leave during Berkeley Lab Holidays. During a Berkeley Lab holiday, employees may not use sick leave. During Berkeley Lab's annual winter shutdown, employees may use sick leave only if they are on an approved Family and Medical Leave and/or workers' compensation leave.
    7. Sick Leave Pay
      1. Pay during a sick leave is at the employee's rate of pay in effect at the time the leave is taken, not the rate of pay in effect when the sick leave was accrued.
      2. Accrued sick leave is not paid out upon termination of employment.
    8. Transfer of Accrued Sick Leave
      1. Any accrued sick leave will be transferred upon an employee's transfer, promotion, or demotion within Berkeley Lab or to/from another University of California (UC) location.
      2. If an employee is transferred to a position in which sick leave does not accrue, the sick leave will not transfer, but a record of the accrued sick leave will be maintained so that the sick leave may be reinstated if the employee later transfers to a position in which sick leave accrues.
    9. Separation from Employment and Reinstatement of Sick Leave
      1. An employee does not receive pay for sick leave upon separation from Berkeley Lab employment.
      2. An employee who is reemployed after a separation from employment (break in service) will have their sick leave from the employee's prior service reinstated as follows. For purposes of this subsection only, service with the State of California (including Hastings College of the Law) and the California State University will be treated as University service.
        1. With a break in service less than 90 calendar days, the full sick leave balance is reinstated;
        2. With a break in service of 90 or more calendar days but less than six months (180 days), up to 80 hours of accrued sick leave will be reinstated;
        3. With a break in service of six months (180 days) or more, accrued sick leave will not be reinstated.
      3. However, a career employee who is laid off and subsequently reemployed during the period of recall and preferential rehire status will have all accrued sick leave reinstated.
      4. An employee who retires within four months of separating from Berkeley Lab employment and elects monthly retirement income will have accrued but unused sick leave converted to UC Retirement Plan (UCRP) service credit under the terms and conditions of UCRP. Accrued but unused sick leave is not converted to service credit in a lump sum cash out of retirement benefits.
    10. Return to Work
      1. An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of the approved sick leave. If an extension is desired, the employee must request and receive approval from their supervisor in advance of the expected date of return.
      2. An employee who unexpectedly cannot return to work on the next regularly scheduled workday following the expiration of the approved sick leave must notify their supervisor as soon as possible to explain the reason for the absence.
      3. Failure to return to work after an approved sick leave without supervisory approval is considered an unauthorized absence. Five consecutive workdays of unauthorized absence constitute job abandonment and may lead to disciplinary action. See the Unauthorized Absences & Job Abandonment policy.
      4. Medical Clearance to Return to Work
        1. After a work-related injury or illness, or an absence due to any injury or illness lasting five or more consecutive workdays (or an equivalent time period for those individuals on an alternative work schedule), the employee must report to Health Services for a return to work evaluation to determine the individual's physical and psychological capacity to perform work and return to duty.
        2. If the employee receives medical services during their absence from work, the employee is required to provide Health Services a medical release to return to work. This release must include any information regarding medical restrictions that may affect the employee's ability to perform their job, as certified by the treating physician.
    11. Misuse of Sick Leave
      1. Misrepresenting reasons for requesting time off, including but not limited to misrepresentations that could lead to concerns of conflict of interest and/or fraud, may result in disciplinary action, suspension without pay, and/or termination from employment.
      2. Individuals using sick leave to cover a leave for which a medical certification is required may jeopardize their right to leave benefits and/or their continued employment by engaging in activities that are incompatible with the medical certification submitted in support of the leave.

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief Human Resources Officer (CHRO)

    Has the functional responsibility for this policy

    Employees

    Have the responsibility to adhere to the provisions of this policy

    Health Services

    Has the responsibility to advise division management on recommended restrictions on an employee's work assignment or activities

    HR Division

    Has the responsibility to advise management and employees on how to comply with this policy

    LETS timekeepers

    Have the responsibility to follow procedures in support of this policy

    Managers and supervisors

    Have the responsibility to adhere to the provisions of this policy

    Payroll

    Has the responsibility to develop procedures in support 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

    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.

    Domestic Partner

    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 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 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 and Medical Leaves

    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 members

    Except for purposes of Family and Medical Leave, an employee's spouse, domestic partner, children (including children of the employee's domestic partner), parents, siblings, grandparents, and grandchildren. Step-relatives, in-laws, and relatives by adoption are included on the same basis as the above-listed blood relatives. If an employee was raised by persons other than their biological parents, these individuals also are included in this category. Likewise, if an employee is raising a child who is not their biological child, that child is included in this category.

    Family members 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 of the Family and Medical Leave policy 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.

    Pay Status

    Includes any period of time for which an employee receives pay for time worked 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.

    Quadriweekly Pay Cycle

    A payroll term denoting two biweekly pay periods, used by Berkeley Lab to be considered as a unit for the purpose of leave accrual

    Senior Management Group (SMG) Employees

    Individuals whose career appointment is in the SMG personnel program. Employees with a dual academic appointment at 0% and an appointment to an SMG position will be considered to possess a career appointment in the SMG.

    G. Recordkeeping Requirements

    Role

    Responsibility

    Health Services

    Is responsible for the confidentiality and maintenance of medical records as they pertain to the employees' medical leave requests

    H. Implementing Documents

    Factor Leave Accrual Tables

    I. Contact Information

    For more information, employees may contact their division's Human Resources (HR) Center.
    For more information regarding medical leaves see the Integrated Disability & Absence Management Services website.
    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

    Reformat for the wiki (brief)

    All

    Minor

    3/2/2012

    1

    M. Bello

    Reformatted policy for wiki-RPM. Revised policy initially implemented through html site: increased sick balance reinstatement period, allow sick leave to be used for parental bonding leave. 

    All

    Major + 30 days

    7/23/2021

    2

    W. Crosson

    • Rewrite to align with UC policy. Changes include: (1) reordering of Section D; (2) removing language prohibiting limited variable-time employees from accruing sick leave; (3) changing advance notice for sick leave from one week to 30 days; and (4) holding unused sick leave balance as credit for employees no longer eligible to accrue sick leave.
    • Moved eligibility requirements from Section B to Section D.1
    • Removed sidebars. Added other leaves of interest to Section A.
    • Updated and added definitions for California Family Rights Act, Family and Medical Leave Act, Family and Medical Leaves, Family Members, and Family Members for purposes of Family and Medical Leave
    • Removed gender pronouns
    • Removed obsolete implementing documents
    • Updated links

    All

    Major

    DOCUMENT INFORMATION

    Title:

    Sick Leave Policy

    Document number

    02.07.002.000

    Revision number

    2

    Publication date:

    7/23/2021

    Effective date:

    7/1/2020

    Next review date:

    7/1/2025

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.09

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.09

    Source Requirements Documents

    Source

    Document Number & Effective Date

    Document title

    Department of Energy (DOE)

    DE-AC02-05CH11231, Sec. J, App. A

    Advanced Understandings on Human Resources

    Department of Energy (DOE)

    10 CFR 851

    Worker Safety and Health Program

    University of California (UC)

    Personnel Policies for Staff Members (PPSM) 2.210

    Absence from Work

    Implementing Documents

    New terms that need to be added to Glossary/Acronym list:

    • California Family Rights Act (CFRA) – remove existing "CFRA" definition and replace with the definition in Section F
    • Domestic Partner – revise existing definition with the definition in Section F
    • Family Members – revise existing "Family Member" definition with the definition in Section F
    • Family Members for purposes of Family and Medical Leave – revise existing definition with the definition in Section F
    • Quadriweekly Pay Cycle – revise existing definition with the definition in Section F
    • Senior Management Group (SMG) Employees – revise existing definition with the definition in Section F
    • Servicemember (Covered Servicemember) – delete definition
    • (list items not found and context (Policy Area name) – full definition would be included in Policy)

    • No labels