UCI Information Packet: Family Medical Leave Act (FMLA)
and California Family Rights Act (CFRA)
B. Authority and Responsbility
An employee is responsible for notifying the supervisor as soon as possible
when use of sick leave is being requested.
The supervisor is responsible for notifying the employee when sick leave usage
may qualify for Family and Medical Leave and/or Supplemental
Family and Medical Leave. Refer to Policy
43, Leave of Absence, for information regarding these leaves.
C. Definitions
Eligible Employee - An employee who has worked one-half the working
hours of the month or four-week cycle regardless of percentage of appointment.
(Example: a 49 percent limited appointment employee who works 51 percent of
the month is eligible to accrue sick leave proportionally). Note: Up to three
work days of a curtailment leave without pay will be considered time on pay
status for the purpose of accruing sick leave (see Policy
43, G.).
For non-exempt professionals and support staff, sick leave is
provided for medical appointments.
Family Member - An employee's spouse, domestic partner, parent, child,
sibling, grandparent or grandchild. In-laws and step-relatives in the relationships
listed above are also covered, as are persons residing in the employee's household.
Medical Appointments - Any professional appointment that
promotes the physical and/or mental well-being of the employee
(i.e., dental, eye, psychiatrist, physical therapy, etc.).
Quadriweekly Cycle - Two biweekly pay periods designated by the University
as a unit for the purpose of leave accrual.
Sick Leave Usage - May be used for illness, disability,
and, on a limited basis, in the event of illness in the family
or bereavement.
D. Guidelines
Employees should refer to Policy
42, Sick Leave, before following these guidelines.
An employee who becomes ill while on vacation may be required to submit
a certification of illness or injury prior to being permitted use of sick
leave.
Sick leave is not to be used prior to accrual, except that an employee may
be eligible for extended sick leave payments if unable to work due to a work-incurred
illness or injury. Refer to Policy
44, Work-Incurred Illness and Injury.
Sick leave is not to be used in excess of the employee's scheduled hours
of work. Example: An employee who has a 50 percent appointment may not use
sick leave which would enable the employee to be paid over 50 percent for
the week in which sick leave is taken.
Sick leave is not to be used in lieu of vacation.
Sick leave is not to be used beyond a predetermined date of separation,
retirement or indefinite layoff.
An employee is required to notify the supervisor as soon as possible when
use of sick leave is being requested. Preferably, notice should be given before
scheduled work begins.
Abuse of sick leave is determined on a case by case basis. Abuse is considered
improper use or use considered excessive without professional certification.
Employees who are determined to abuse sick leave should be counseled by the
supervisor and may be required to provide certification from a health care
practitioner.
If sick leave used for one event of personal or family illness exceeds three
days, an employee may be put on a Family Medical Leave. Refer to Policy
43, Leave of Absence.
Sick leave used for family illness is limited to 30 days per calendar year.
Exceptions to policy, due to catastrophic illness, may be approved by the
Chancellor.
Sick leave used for bereavement is limited to 5 days per occurrence for
a family member and 5 days per calendar year for bereavement or funeral attendance
due to the death of any other person.
An employee who is transferred, promoted or demoted to a position in which
sick leave does not accrue may not use sick leave in the new position. If
the employee later transfers, is promoted or demoted to a position in which
sick leave does accrue, sick leave accrued in the prior position will be transferred
to the new position.
Upon retirement, accrued sick leave is applied toward service credit.
E. Procedures
Employee notifies supervisor of the need to use accrued sick leave and the
expected length of absence. Employee may be required to provide the notification
in writing.
Supervisor notifies employee that use of sick leave is approved or disapproved
and any conditions placed on the absence.
If a conflict of scheduling occurs for a planned use of sick
leave (i.e., medical appointments, planned surgery), the supervisor should
work with the employee to reschedule the request at a time that does not
produce a scheduling conflict.
If the employee is required to provide professional certification
to verify use of sick leave before returning to work, the supervisor should
inform the employee.
If the use of sick leave exceeds 3 days consecutively, the
supervisor should inform the employee that the absence may qualify for
Family Medical Leave. Refer to Policy
43, Leave of Absence.
Sick leave use is recorded on the employee's timesheet and reported to the
University's payroll system.
Non-exempt employees - Sick leave use is maintained to the nearest
quarter hour.
Exempt employees - Sick leave use is maintained in one-day increments
only or in increments not less than the portion of a day during which an
employee on less than full-time pay status normally is scheduled to work.
Exception: Exempt employees who are on a reduced work
schedule or intermittent leaves may have accrued sick leave use reported
to the nearest quarter hour. Refer to Policy
43, B. 3 and C.5.
F. Applicability
All staff members, except employees who are in a bargaining unit that has
an exclusive representative (union) and are covered by the applicable provisions
of the collective bargaining agreement. Contract employees may be covered by
this policy; refer to the individual's contract to determine applicability.