ARTICLE 16
LEAVES OF ABSENCE WITHOUT PAY
Unauthorized Leaves of Absence
16.1
Automatic Resignation
- The President shall have the right to terminate an employee who
is absent for five (5) consecutive workdays without securing authorized
leave from the President. Such a termination shall be considered
to be an automatic resignation from CSU employment as of the last
day worked. All unauthorized absences, whether voluntary or involuntary,
shall apply to the five (5) consecutive workday limitation. The
five (5) day period referred to above shall commence at the beginning
of the first shift of such absence and shall be deemed to have been
completed at the end of the employee's scheduled work hours on the
fifth consecutive date of unauthorized absence.
- The President shall notify the employee that the University will
be terminating him/her by automatic resignation under this Article.
This notification requirement shall be satisfied either by service
in person or by certified mail to the employee's last known address
and shall include:
- the dates the employee was absent without leave;
- the intended effective date of the employee's resignation; and
- the employees appeal rights under this Article.
- If the employee responds to the President by certified mail, return
receipt requested, within twenty-one (21) calendar days of notification
as defined above, the employee will be provided with the opportunity
for a pre-termination review in accordance with the current campus
practice for State Personnel Board hearing appeals. The President
may agree to extend the employee's time to respond. This pre-termination
review will be conducted by a campus administrative officer designated
by the President. No termination shall be final until a decision
is made by the administrative officer. This decision shall be transmitted
by certified mail to the employee's last known address and shall
state:
- whether the employee was absent for five (5) consecutive work
days;
- whether the employee had proper authorized leave to be absent;
and
- whether the employee should be or is being terminated by automatic
resignation. If an action other than automatic resignation is
proposed, it shall be stated along with the reasons for its use.
- Any employee who is terminated by the President under this provision
may, within twenty-one (21) days after mailing of the President's
decision, request a hearing of the matter by the State Personnel
Board as provided in Section 89539 of the Education Code. A request
for a hearing by the State Personnel Board must be filed with the
State Personnel Board with a copy to the President within the twenty-one
(21) day time requirement noted above.
- Any employee who is reinstated under this provision shall not
be paid salary for the period of unauthorized absence.
- Provision 16.1 of this Article shall supersede Section 89541 of
the California Education Code.
Other Leaves of Absence Without Pay
16.2
A permanent employee is entitled to a maternity leave
without pay of up to twelve (12) months upon her written request. At
least thirty (30) days prior to the ending date of the leave, the employee
shall inform the appropriate administrator in writing of her intention
to return from leave. Changes in the terms of the leave may be made
by mutual agreement of the appropriate administrator and the employee.
A full-time or part-time permanent employee may be granted
a full or partial leave of absence without pay for up to one (1) year.
Leaves of absence without pay may be granted in accordance
with this Article for the following purposes or reasons:
- loan of an employee to another governmental agency;
- outside employment that would lessen the impact of a potential
layoff or a layoff;
- temporary incapacity due to illness or injury;
- Family Leave; and
- other satisfactory reasons.
Leaves without pay granted for "c" above shall also be subject
to Article 15, Leaves of Absence with Pay. Periods of disability related
to pregnancy are subject to the provisions of Article 15, Leaves of
Absence With Pay.
16.5
A written application for a leave of absence without pay or an extension
of a leave of absence without pay shall be submitted to the appropriate
administrator. The appropriate administrator shall determine if such
a leave shall be granted and the conditions of such a leave.
16.6
An employee who is on a leave of absence without pay shall not return
to active pay status prior to the expiration of such a leave without
written approval of the appropriate administrator.
16.7
Service credit shall not be granted to an employee on a leave of absence
without pay.
16.8
A leave so granted assures to the employee a right to return to his/her
former position or a position within his/her classification upon expiration
of the leave and the time lost shall not constitute a break in service.
16.9
When requested by the appropriate administrator, an employee granted
a leave of absence without pay shall provide verification that the conditions
of the leave were met.
16.10
An employee on a leave of absence without pay for more than fifteen
(15) days may opt to continue his/her fringe benefits at his/her own
expense. Upon written request of an eligible employee as defined in
Article 25, Benefits, the CSU shall provide a system for the continued
payment of his/her insurance premiums including health, dental, and
vision benefits during the period of unpaid leave of absence. During
this period, such an employee shall pay both the employee's and the
CSU's contributions. The CSU shall not advance such payments. Such an
employee shall pay all contributions prior to the date each payment
is due. Failure to pay such premiums will result in coverage lapsing
unless the employee makes other arrangements.
Family Leave
16.11
An employee who has at least one (1) year of service is entitled to
a family leave without pay.
16.12
Eligible employees may take up to a total of twelve (12) weeks of
family leave in a twelve (12) month period.
16.13
An employee may be granted family leave for the birth of a child of
the employee, the placement of a child with an employee in connection
with the adoption/foster care of the child by the employee; or to care
for a child, parent or spouse of the employee who has a serious health
condition; or for the employee's own serious health condition.
16.14
For family leave taken for reason of the birth of a child or adoption/foster
care of a child by an employee, any leave taken shall be initiated within
one (1) year of the birth of a child or placement of child with the
employee in the case of adoption/foster care.
The period of the family leave granted to an employee for the birth
of a child shall run concurrently with the period of leave available
to an employee under Education Code Section 89519 or provision 19.2.
16.15
The amount of family leave that may otherwise be granted under this
Article may be reduced by the amount of family leave granted to an employee
for reasons set forth under provisions 19.11 through 19.19.
16.16
Before granting a family leave for the serious heath condition of a
child, parent or spouse, the employer may require certification of the
serious health condition from the health care provider.
16.17
Upon expiration of the period, which the health care provider originally
estimated the employee needed to care for the child, parent or spouse,
the employer may require the employee to obtain re-certification if
additional leave is requested.
16.18
Family leave shall be leave without pay except that an employee must
utilize all accrued vacation and CTO that he/she is otherwise eligible
to take during the otherwise unpaid period of the family leave.
16.19
An employee may use accrued sick leave during the period of family
leave upon mutual agreement between the employee and appropriate administrator.
Such requests for sick leave shall be made in accordance with Article
15 of this Agreement.
16.20
Family leave is separate and distinct from the right of a female employee
to take a pregnancy disability leave under Government Code Section 12945,
subdivision (b) (2). If a female employee takes part or all of the maximum
four (4) months of pregnancy disability leave, she may request up to
twelve (12) weeks additional family leave for reason of the birth of
her child, or due to her own serious medical condition. Any combination
of family leave and pregnancy disability leave shall run concurrently
with the period of maternity leave available to a permanent employee
pursuant to provision 16.2 of this Article.
16.21
An employee shall provide the employer with written notice of a need
for family leave within five (5) working days of the date the event
necessitating the leave becomes known to the employee.
16.22
If the employee's need for family leave is foreseeable due to the
planned medical treatment or planned supervision of a child, parent
or spouse with a serious health condition, the employee shall provide
the employer regarding the scheduling of the treatment or supervision
so as to minimize disruption of the operations of the employer.
16.23
Family leave may be deferred until the employee complies with the provisions
of this Article.
16.24
A family leave so granted assures to the employee a right to return
to his/her former position or a comparable position upon expiration
of the family leave. If the former position and any comparable position
has ceased to exist due to legitimate business reasons unrelated to
the leave, the employer shall make reasonable accommodation by alternative
means only if such alternate means would not cause an undue burden on
the campus. The family leave shall not constitute a break in service
for the purposes of length of service and/or seniority under this Agreement.
16.25
An employee on family leave shall retain employee status and shall
continue to accrue seniority points pursuant to this Agreement during
the period of the family leave care. During a family leave an employee
may continue to participate in benefits to the same extent and under
the same conditions as would apply to any other personal leave of absence
without pay pursuant to this Agreement. However, if any paid portion
of the family leave is less than twelve (12) weeks, upon request of
the employee to continue coverage, the CSU shall continue to make employer
contributions toward health, dental and vision coverage for the unpaid
remainder of the twelve (12) week period. If an employee fails to return
at the end of the family leave, the CSU may require repayment of the
insurance premiums if the employee's failure to return is due to his/her
serious health condition or due to circumstances beyond the employee's
control.
16.26
The leave of absence of a temporary employee eligible for such leave
pursuant to this Article shall terminate upon the expiration of that
employee's temporary appointment.
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