ARTICLE 15

LEAVES OF ABSENCE WITHOUT PAY

15.1

A full-time employee or part-time permanent employee may be granted a full or partial leave of absence without pay for up to one (1) year for the following purposes/reasons:

  1. loan of an employee to another governmental agency;
  2. family leave;
  3. outside employment that would lessen the impact of a potential layoff or a layoff;
  4. temporary incapacity due to illness or injury;
  5. other satisfactory reasons.

Leaves without pay granted for d. above shall also be subject to Article 10, Leaves of Absence With Pay. Periods of disability related to pregnancy are subject to the provisions of Article 14, Leaves of Absence With Pay.

15.2

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 President. The President or designee shall determine if such a leave shall be granted and the conditions of such a leave, and shall respond to the application within forty-five (45) days.

15.3

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 President or designee.

15.4

Service credit shall not be granted to an employee on a leave of absence without pay.

15.5

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.

15.6

When requested by the President or designee, an employee granted a leave of absence without pay shall provide verification that the conditions of the leave were met.

15.7

An employee on a leave of absence without pay for more than thirty (30) 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 19, 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 an 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 coverages lapsing unless the employee makes other arrangements.

15.8

The granting or denial of leaves of absence without pay pursuant to Provisions 15.1 through 15.7 shall not be subject to the Grievance Procedure.

Family Care and Medical Leave

15.9

An employee who has at least twelve (12) months of service is entitled to a family care and medical leave without pay.

15.10

Eligible employees may take up to a total of twelve (12) weeks of family care and medical leave in a 12-month period, including any periods of absence with pay for family care and medical leave purposes.

15.11

An employee may be granted family care and medical leave for the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, to care for a child, parent, domestic partner, or spouse of the employee who has a serious health condition, or for the employee's own serious health condition.

15.12

For family care and medical 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 a child with the employee in the case of adoption/foster care.

The period of family care and medical 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.

15.13

The amount of family care and medical leave that may otherwise be granted under this Article may be reduced by the amount of family care and medical leave granted to an employee for reasons set forth under Provisions 15.9 through 15.12.

15.14

Before granting a family care and medical leave for the serious health condition of a child, parent, spouse, or domestic partner, the President or designee may require certification of the serious health condition from the health care provider.

15.15

Upon expiration of the period which the health care provider originally estimated that the employee needed to care for the child, parent, spouse, or domestic partner, the President or designee may require the employee to obtain recertification if additional leave is requested.

15.16

Family care and medical leave shall be leave without pay except that an employee must utilize all accrued personal holidays and vacation that he/she is otherwise eligible to take during the otherwise unpaid period of the family leave.

15.17

An employee may use accrued sick leave during the period of family care and medical leave upon mutual agreement between the employee and the appropriate administrator. Such requests for sick leave shall be made in accordance with Article 14 of this Agreement.

15.18

Family care and medical 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 care and medical leave for reason of the birth of her child, or due to her own serious medical condition. Family care and medical leave and pregnancy disability leave shall run concurrently with the period of leave available under the provisions of Education Code Section 89519. Family care and medical leave shall not run concurrently with pregnancy disability leave under Government Code Section 12945.

15.19

An employee shall provide the President with written notice of the need for family care and medical leave as soon as the event necessitating the leave becomes known to the employee. In general, as much advance notice as is reasonably possible shall be provided and normally shall not be less than five (5) working days of the event giving rise to the need for leave.

15.20

If the employee's need for family care and medical 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 President with not less than fourteen (14) days notice of the need for the leave. The employee shall consult with the appropriate administrator regarding the scheduling of the treatment or supervision so as to minimize disruption of the operations of the campus.

15.21

A family care and medical leave so granted assures to the employee a right to return to his/her former position or an equivalent position upon expiration of the family care and medical leave. If the former position and any equivalent position has ceased to exist due to legitimate business reasons unrelated to the leave, the campus shall make reasonable accommodation by alternative means that will not cause undue hardship to the campus. Such alternative means shall include, but not be limited to, offering the employee any other position which is available and for which the employee is qualified. The family care and medical leave shall not constitute a break in service for the purposes of length of service and/or seniority under this Agreement.

15.22

An employee on family care and medical leave shall retain employee status pursuant to this Agreement during the period of the family care and medical leave. During a family care and medical 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, except that if any paid portion of the family care and medical leave is less than twelve (12) weeks, unless canceled by the employee, 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 care or medical leave, the CSU may require repayment of insurance premiums paid during the unpaid portion of the leave. The CSU shall not require repayment of 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.

15.23

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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