BRIEF

Policy Summary

This policy provides direction for the accrual, use, and recording of paid sick leave. For additional information on Bereavement Leave and Reproductive Loss Leave, see the Bereavement Leave and Reproduction Loss 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 HR Field team.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

POLICY

A. Purpose

This policy provides direction for the accrual, use, and recording of paid sick leave. For additional information on Bereavement Leave and Reproductive Loss Leave, see the Bereavement Leave and Reproductive Loss Leave policy.

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

• Leave for Bone Marrow or Organ Donation
• Victims of Qualifying Acts of Violence
• Leave to Attend Judicial Proceedings for 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. General.
   1. Berkeley Lab provides paid sick leave to continue the salary of eligible employees who are absent from work due to illness or injury; diagnosis, care, or treatment of an existing physical or mental health condition of the employee or the employee’s family member; preventative care for the employee or the employee’s family member; medical appointments; parental bonding; or while on Reproductive Loss Leave; Bereavement Leave; Victim Leave; or specified other leaves as outlined within this policy. 
   2. Sick leave may be requested orally or in writing.
2. Eligibility for Sick Leave
   1. Berkeley Lab provides sick leave to employees who are in Career, Term, Visiting Researcher, Limited, and Student Assistant appointments.
   2. If a staff employee also holds an academic title, the employee may be eligible for sick leave in their academic title, as provided by Academic Personnel Manual Section 710, Leaves of Absence/Paid Sick Leave/Paid Medical Leave (APM – 710) or the applicable collective bargaining agreement. For Senior Management Group (SMG ) members who also hold academic appointments, their sick leave eligibility in the SMG title is determined by this policy rather than by APM – 710.
3. Accrual Calculation
   1. An eligible employee accrues sick leave based on hours on pay status.  Sick leave is accrued at a factor of 0.46154 per hour (approximately eight hours of sick leave per month for an employee on full-time pay status). see the Factor Leave Accrual Tables.
   2. Eligible employees begin to accrue sick leave at the start of their appointments.
4. 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, except that eligible separating employees earn proportionate sick leave credit through their last day on pay status.
5. Sick Leave Accrual During Leaves of Absence
   1. An eligible 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 eligible 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.
6. Maximum Sick Leave Approval Limit. There is no maximum limit on the amount of sick leave that can be accrued.
7. Use of Sick Leave

   1. Subject to certain limitations, an eligible 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 available sick leave:
      For your own illness; injury; diagnosis, care, or treatment of an existing physical or mental health condition; preventive care; or medical appointments	All available sick leave As described in section D.8 of this policy, six days may be designated as protected
      As Family and Medical Leave (FML) for your own serious health condition	Up to 12 workweeks in a calendar year
      As FML to care for a family member with a serious health condition	Up to 12 workweeks in a calendar year
      For Pregnancy Disability Leave	Up to four months per pregnancy
      As FML 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 FML; for the diagnosis, care, or treatment of a family member’s existing physical or mental health condition not designated as FML; for a family member’s preventive care; or to attend to or provide care for other persons residing in your household who are ill. (“Family member” includes a designated person.)	Up to 30 days in a calendar year. An exception beyond the 30-day limit may be requested. As described in section D.8 of this policy, six days may be designated as protected
      As FML 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 preceding FML was due to your own serious health condition, up to 12 additional workweeks in a calendar year If preceding 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 preceding FML)
      For a work-related injury or illness	The difference between workers' compensation payment received and the employee’s salary
      To donate bone marrow or an organ	Up to five days for bone marrow donation and 30 days for organ donation in a calendar year Note: If leave for this purpose qualifies as FML for a serious health condition, refer to that entry above.
      Because you or a family member are a victim of a qualifying act of violence	All available sick leave As described in section D.8 of this policy, six days may be designated as protected
      Because you or a family member are a victim of a serious or violent felony	All available sick leave
      As Reproductive Loss Leave (failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction)	Up to total of 20 days within a calendar year (up to five days for each reproductive loss) For additional information, see the Bereavement Leave and Reproductive Loss Leave policy.
      For Bereavement Leave	Up to a total of 10 days per occurrence for the death of a family member or person residing in your household Up to a total of 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 and Reproductive Loss Leave policy.
      To participate in an alcohol or drug rehabilitation program	All available sick leave
      To appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding	All available sick leave

   2. An employee may not use accrued sick leave:
      1. Before it is accrued or otherwise available;
      2. After a predetermined date of separation, retirement, or indefinite layoff;
      3. 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);
      4. During work deferment or leave without pay;
      5. 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
      6. As a personal day off. Employees must use their accrued vacation for a personal day off; or 
      7. During a Berkeley Lab holiday.
   3. Advance Notice of Need for Leave. Before using sick leave, an eligible employee may be required to:
      1. Provide reasonable  advance notice if the need for sick leave is foreseeable (e.g., a planned medical treatment) or provide notice as soon as practicable if the need for sick leave is unforeseeable
      2. Indicate when providing notice whether the employee is designating the sick leave as protected; and
      3. Submit documentation supporting the need for sick leave when appropriate.
   4. Use of Sick Leave during Vacation. An eligible employee who becomes ill while on vacation will be permitted to use sick leave but may be required to provide satisfactory verification of the employee's illness or injury. 
   5. Use of Sick Leave during the Annual Winter Shutdown. During Berkeley Lab's annual winter shutdown, employees may use sick leave in lieu of vacation leave only if they are on an approved Family and Medical Leave and/or workers' compensation leave.
   6. Eligible employees who accrue sick leave may only use that accrued sick leave in a position that accrues sick leave.
8. Designating Sick Leave as Protected
   1. An eligible employee may choose to designate up to six days per calendar year of available sick leave as protected sick leave if the employee uses the sick leave for any of the below purposes and complies with applicable notice requirements:
      1. The diagnosis, care, or treatment of an existing physical or mental health condition of an employee or an employee’s family member;
      2. Preventive care for an employee or an employee’s family member; or,
      3. For an employee who is a victim of a qualifying act of violence or who has a family member who is a victim of a qualifying act of violence.
   2. The definition of “Family members” in Section F (Definitions/Acronyms) provides additional information about these relationships.
   3. Berkeley Lab prohibits any form of discrimination or retaliation against an employee for using or attempting to use sick leave designated as protected; for making a complaint or alleging a violation of the protected sick leave provisions in this policy; for cooperating in an investigation regarding the same; or for opposing any policy, practice, or act that is prohibited by the protected sick leave provisions of this policy.
9. 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.
   2. Any unused sick leave is not paid out upon termination of employment.
10. Availability of Sick Leave Upon Change in Position
    1. Any unused accrued sick leave will remain available when an eligible employee changes positions within Berkeley Lab or to/from another University of California location from a position in which sick leave accrues to another position in which sick leave accrues.
    2. If an eligible employee changes positions from a position in which sick leave accrues to a position in which sick leave does not accrue, any unused accrued sick leave will no longer be available, but a record of that accrued sick leave will be maintained so that the sick leave may be reinstated: 1) if the employee later changes to a position in which sick leave accrues; or 2) for conversion to University of California Retirement Plan (UCRP) service credit and/or retiree health service credit if the employee retires, in accordance with UCRP and University of California Group Insurance Regulations (GIR) provisions.
11. Recording Sick Leave Use 
    1. Non-Exempt Employees. Non-exempt employees will record used sick leave to the nearest quarter hour.
    2. Exempt Employees. Exempt employees in full-time and part-time pay status will record used sick leave in half-day increments. The foregoing does not apply when an employee is taking FML on an intermittent or reduced schedule basis. See the Family and Medical Leave policy. 
       
12. 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 separates from UC or Berkeley Lab and is rehired into a position eligible for sick leave within 12 months from the date of separation will have all unused  sick leave from the employee's prior service reinstated and available for use unless the leave balance was previously converted to UCRP service credit and/or retiree health service credit upon retirement. If the separation is for more than 12 months, any unused sick leave will not be reinstated.
    3. For purposes of this section only, service with the State of California (including UC  Law San Francisco) and the California State University will be treated as Berkeley Lab service.
    4. A career employee who is laid off and subsequently reemployed during the period of recall and preferential rehire status will have all accrued and unused sick leave reinstated.
    5. An employee who retires from UCRP within four months of separating from Berkeley Lab employment and elects monthly retirement income will have any unused sick leave converted to UC Retirement Plan (UCRP) service credit under the terms and conditions of UCRP. Savings Choice participants who establish a retirement date and elect UC retiree health coverage will also have any unused sick leave converted to retiree health service credit under the terms and conditions of the GIRs. Unused sick leave is not converted to service credit in a lump sum cash-out of retirement benefits.
13. 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 should request this orally or in writing 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 practicable, but preferably no later than an hour before the employee’s scheduled start time to explain the reason for the absence.
    3. Failure to return to work after an approved sick leave without supervisory approval for the extension of leave 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 (and their expected duration) that may affect the employee's ability to perform their job, as identified by the employee’s health care provider.
14. 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

F. Definitions/Acronyms

G. Recordkeeping Requirements

H. Implementing Documents

Factor Leave Accrual Tables

I. Contact Information

For more information, employees may contact their division's HR Field team.
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 hrpolicies@lbl.gov.

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents