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 [email protected].

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 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. General. Berkeley Lab provides paid sick leave to continue the salary of eligible employees who are absent from work due to mental or physical illness, injury, medical appointments, parental bonding, family illness, or while on Reproductive Loss Leave,  Bereavement Leave, or specified other leaves as outlined within this policy.
2. 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.
3. 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.
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. Eligible separating employees earn proportionate sick leave credit through their last day on pay status.
5. 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.
6. Maximum Sick Leave Approval Limit. There is no maximum limit on the amount of sick leave that can be accrued.
7. 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 mental or physical 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 (including designated persons) 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
      As Reproductive Loss Leave (failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction)	Up to total of 20 days within a 12-month period (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 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 and Reproductive Loss Leave policy.
      For 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; or 
      6. During a Berkeley Lab holiday.
   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.12.d of this policy.
   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.
8. 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.
9. 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.
10. 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 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. 
       
11. 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.
12. 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.
13. 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 [email protected].

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents