Leaves of AbsenceFOR SCHOOL EMPLOYEES

DECEMBER 2013

YOUR RESPONSIBILITIES

• Monitor Attendance – process leave of absence requests

• Identify qualifying leave types

• Requesting appropriate leave forms/documentation

• Notifying employee of the status of leave type

• Determine whether leave of absence is paid or unpaid

THE RIGHT MINDSET

• No two leaves are identical

• It is often a question of: Leave Time versus Pay

• Definition of Family Members – vary by leave type

• Always check your district policy and contract language

General Advice

• Anticipate Change

• Calendar and watch for the following:• Exhaustion of paid leave (paid/unpaid)• Exhaustion of available leave (FMLA, CFRA, PDL, 100 days)• Anticipated return dates• Notification timelines (i.e. FMLA, CFRA, catastrophic leave)

WHAT TRIGGERS A LEAVE?

• Absence of less than three days?

• Absence of greater than three days?

• Absence of one full workweek?

Common Paid Leaves for School Employees

Legal TermCommon

TermCertificated

Ed CodeClassifiedEd Code

CBA Article(Local

Contract)

Illness and Injury Sick Leave §44978 §45191

Extended IllnessSub

/Differential Leave

§44977, 44978.1,

44983

§45196

Industrial Accident and Illness Work Comp §44984 §45192

Pregnancy Leave Maternity §44965 §45193

Personal Necessity §44036 §45027

Other Leaves Out There……

• Association Leave (Union Business)

• Bereavement Leave

• Catastrophic Leave

• Jury Duty

• Discretionary Leave

• Sabbatical Leave

• School Business Leave

• Child Rearing Leave

• Administrative Leave

• Vacation

• Comp Time

• Legislative Leave

Other Leaves Out There……

Check your District’s

Collective Bargaining Agreements

Union Contracts

Illness and Injury Leave

“SICK LEAVE”

COUNTING THE DAYS………

Full Paid Sick Leave

• Certificated Staff receive 10 sick days per fiscal year

• Classified Staff receive 1 sick day for each month they work

• Pro-rated for part time, hourly, etc.

• Used on a day-for-day basis

• Can be used in full day or partial day (hourly) increments

• Sick leave accumulates year to year and cannot be lost

• Sick leave is transferable to other California school district, COEs and Community colleges

Extended Illness (Sub/Differential Sick Leave)

CERTFICATED STAFF EC §44977

• 5 School Months including holidays but NOT summers or “off track” non-school days

• Applied consecutively* to annual and accumulated sick leave

• Can only be used once per school year regardless of number of illnesses/accidents

• Pay is regular salary MINUS the amount actually paid to a substitute OR the amount a substitute would have been paid.

*Consecutively = AFTER all sick leave is exhausted

Extended Illness (Sub/Differential Sick Leave) CERTFICATED STAFF – OPTIONAL METHOD EC §44983

• Same amount of time as EC §44977, however, salary deducted is 50%.

• District Board of Trustees must adopt this alternative and it must be applied to the entire classification (i.e., all certificated employees)

• Collective bargaining agreements may or may not have language regarding Extended Illness leave; may need to negotiate with District Teachers’ Association to change policy.

Most districts use the §44977 formula for certificated staff.

“Sub Pay Leave”

Example: Certificated Sub/Differential Calendar

5 month Sub/Differential Leave begins 08/13/12

When does 5 months end?

January 13?

What if Sub Leave begins 10/1?

March 1?

March 12

How do you count “months” when there are holidays in some months and not in others?

5 months = 100 work days

• OPTION ONE:• 5 Months at the difference

between regular salary and amount actually paid to a substitute.• 1. Sub must be hired from

“outside”;

• 2. specifically for the position he is subbing for

• OPTION TWO: (Most Common)

• Not less than 100 Days, including annual sick leave under EC §45191, at not less than 50% of regular salary.

• Commences upon the exhaustion of accrued sick leave, comp time, and any and all other leaves to which the employee is entitled.

Extended Illness (Sub/Differential Sick Leave) CLASSIFIED STAFF

TWO OPTIONS EC §45196 (DISTRICT SPECIFIC)

Application of the 5 months or 100 days is not discussed in Ed Code as it is with Certificated (count holidays, don’t count summer break, etc.) BEST PRACTICE: Don’t count holidays or other non-work days based on the employee’s work calendar.

Example: Classified Option 1 – Five Months Sub Pay

5 month Sub/Differential Leave begins 08/13/12

When does 5 months end?

January 31

What if Sub Leave begins 10/1?

March 1?

March 22

How do you count “months” when there are holidays in some months and not in others?

5 months = 100 work days

Example: Classified Option 2 – 100 Days 50% Pay

100 Days begins 08/13/12

When is leave exhausted?

January 31

What if 100 days begins 10/1?

March 22

Industrial Illness and Injury Leave

“WORKERS COMPENSATION”

THINGS THAT MAKE YOU GO HMMMMM…….

Industrial Illness and Injury Leave – Work Comp

• Both Certificated and Classified Staff are entitled to 60 Days of full-paid industrial accident leave in one fiscal year per illness or accident

• The 60 days do not accumulate year to year

• Upon exhaustion of 60 days, sick leave and extended sick leave can be used

• Employee is entitled to 100% salary when combined with temporary disability

Calculation of WC combined with sick leave can be tricky. Sick leave is used at .33 per day.

Differential Pay is calculated as a full day…

Additional Leaves

HOW FMLA / CFRA / PDL INTERTWINE WITH

SICK LEAVE, EXTENDED LEAVE AND WORK COMP

HERE IS WHERE THINGS GET INTERESTING……… ?

Additional Leaves for School Employees

FMLA

• Employee’s injury/illness• Own pregnancy• Care for Family Member• Qualifying Exigency

CFRA

• “Bonding Leave”• Registered Domestic Partner

PDL – Gov’t. Code 12945

• Four months of UNPAID leave

• Family Medical Leave Act

• California Family Rights Act

• Pregnancy Disability Leave

FAMILY MEDICAL LEAVE ACT LEAVE

• Up to 12 workweeks of unpaid leave in a 12 month period for specific reasons

• Can be used in a “lump sum” or weekly or daily or hourly – intermittent basis

• Must meet eligibility requirements

• Request for leave includes a qualifying event

FAMILY MEDICAL LEAVE ACT LEAVE

• Qualifying Event:

• Serious health condition of the EMPLOYEE

• Serious health condition of the EMPLOYEE’S CHILD• Must be a minor or an adult suffering from a disability and

incapable of self-care

• Serious health condition of the EMPLOYEE’s SPOUSE

• BIRTH of a child or placement of a child in the family for ADOPTION or FOSTER CARE

• Qualifying Exigency

SERIOUS HEALTH CONDITION

• Inpatient care (hospitalization)

• Incapacity more than 3 days and treatment

• Pregnancy & Prenatal care

• Chronic conditions (e.g. Asthma, Diabetes, Migraines)

• Permanent or long term conditions (e.g. Stroke)

• Conditions requiring multiple treatments (e.g. chemotherapy)

• Not common ailments (cold)

• Flu can be covered if meets definition

• Chicken Pox

• Mental conditions

FAMILY MEDICAL LEAVE ACT LEAVE

• Eligibility:

1. Employee has been employed by the employer for at least 12 months prior to starting the leave; AND

2. Employee has actually worked 1,250 hours in the 12 months prior to commencing the leave; AND

3. Employee has not taken 12 workweeks of FMLA and/or CFRA leave during the appropriate 12-month period prior to the present request

INTERMITTENT LEAVE

• A change in the employee’s schedule for a period time while recovering from a serious health condition.

• Leave schedule that reduces the number of hours worked per workweek or per day.

• Leave taken in separate periods of time due to a single illness or injury.

PREGNANCY DISABILITY LEAVE

• Medically Necessary

• Up to 16 weeks (medically necessary)

• Immediate eligibility

• Runs concurrent with FMLA

• CFRA, if eligible, runs after PDL - Bonding

• If disabled more than four months, consider other laws (CFRA & ADA)

EMPLOYEE ILLNESS / INJURY

1 2 3 4 5 6 7 8 9 10 11 12

Sick leave 100 Days Sub Differential / 50% pay

FMLA / CFRA

EMPLOYEE ILLNESS / INJURY1 2 3 4 5 6 7 8 9 10 11 12 13 14

Sick leave 100 Days Sub Differential Pay / 50% pay

FMLA/CFRA No FMLA coverage

CARE FOR FAMILY MEMBER1 2 3 4 5 6 7 8 9 10 11 12

PN Vacation/Comp Time/ Catastrophic Donations

FMLA / CFRA

PDL / FMLA / CFRA / SICK LEAVE

REVIEW HYPOTHETICAL

SCENARIOS

• Allison is pregnant with her first child.

• John is preparing to adopt a child in two months.

• Sara’s mother had a stroke.

• Molly’s son has food allergies.

• Peter’s girlfriend is going to have a baby.

• Bill’s partner has cancer.

QUALIFYING EXIGENCY

• FMLA Only• Service Member Caregiver Leave• Up to 26 weeks leave

• To care for an armed forces member who is injured while on active duty

• Spouse, son, daughter, parent or next of kin

• Single 12-month period only

• California Only• Family Military Leave Act• Up to 10 days

• Spouse on leave from deployment or being ordered to active duty during a time of military conflict

RESOURCES

• Employee Request for Leave Checklist

• Leaves At A Glance

• PDL/FMLA/CFRA/Sick Leave - hypothetical

• Pocket Guide to the Family and Medical Leave Acts, Oct 2009http://cper.berkeley.edu