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ARTICLE 23 LEAVES OF ABSENCE WITHOUT PAY 23.1 The CSU may provide leave(s) without pay for an employee who has exhausted his/her accumulated sick leave. The President may authorize the use of vacation leave when the employee has exhausted his/her accumulated sick leave. 23.2 Other leaves of absence without pay shall be granted to a requesting employee at the sole discretion of the President for purposes and lengths of time the President deems appropriate. The employee may be required to provide verification that the conditions of the leave were met. Family Care or Medical Leave 23.3 Family care or medical leave shall refer to a leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption of the child by the employee; or 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. Family care leave shall be pursuant to provisions 23.5 through 23.15 of this Article. 23.4 "Maternity/paternity/adoption leave" shall refer to a leave for the purpose of a parent preparing for the arrival of a new infant and the care of a new infant. A permanent employee is entitled to a maternity/paternity/ adoption leave without pay of up to twelve (12) months upon his/her written request, subject to the conditions of provision 23.11 of this article. This leave shall satisfy the family care leave requirements of permanent employees for reason of the birth of a child of the employee, the placement of an infant child with an employee in connection with the adoption of the child by the employee; or to care for an infant child who has a serious health condition. At least thirty (30) days prior to the ending date of the leave, the employee shall inform the appropriate administrator in writing of his/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. 23.5 An employee who has at least twelve (12) months of service, is entitled to a family care or medical leave without pay. 23.6 Full-time employees may take up to a total of twelve (12) weeks of family care or medical leave in a twelve (12) month period, including any periods of absence with pay for family care or medical leave purposes. Employees who work less than full-time may take family leave on a pro rata basis. 23.7 For family leave taken for reason of the birth of a child or adoption 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. 23.8 Before granting a family leave for the serious health condition of a child, parent or spouse, the President may require certification of the serious health condition from the health care provider. 23.9 Upon expiration of the period which the health care provider originally estimated that the employee needed to care for the child, parent or spouse, the President may require the employee to obtain re-certification if additional leave is requested. 23.10 23.10 An employee may use sick leave during the period of family leave upon mutual agreement between the employee and appropriate administrator, and the use of such sick leave during the period of family leave shall not be limited to forty (40) hours as required in provision 22.2d of this Agreement. The use of sick leave shall be in accordance with the appropriate provisions of Article 22 of this Agreement. 23.11 Family care and medical leave are 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 or medical leave for reason of the birth of her child, or due to her own serious medical condition. Any combination of family care or medical leave and pregnancy disability leave shall run concurrently with the period of maternity/ paternity/adoption leave available to a permanent employee pursuant to provision 23.4 of this Article. 23.12 An employee shall provide the President with reasonable written notice of the need for family leave as soon as the event necessitating the leave becomes known to the employee. In general, as much advance notice as possible will be provided. In cases of emergency, when no advance notice is possible, written notice of the need for leave shall be provided within five (5) working days of learning of the need for the leave. 23.13 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 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 University. 23.14 The granting of a family care or medical leave 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 University shall make reasonable accommodation by alternative means only if such alternative means would not cause an undue hardship on 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 University is not required, however, to create additional employment which would otherwise not be created, discharge or layoff another employee, transfer another employee, or promote another employee who is not qualified to perform the job. The family care or medical leave shall not constitute a break in service for the purposes of length of service and/or seniority under this Agreement. 23.15 An employee on family care or medical leave shall retain employee status and shall continue to accrue seniority points pursuant to Article 25 of the Agreement during the period of the family care or medical leave. During a family care or 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. However, if any paid portion of the family care or medical leave is less than 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 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 23.16 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. 23.17 Upon the expiration of an authorized leave of absence without pay, an employee has the right to return to his/her former position or an equivalent position within his/her classification and the time lost shall not constitute a break in service. 23.18 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. 23.19 Service credit shall not be granted to an employee on a leave of absence without pay, except when the President determines that the purpose of the leave is of benefit to the campus and expressly grants such service credit. 23.20 When requested by the President, an employee granted a leave of absence without pay shall provide verification that the conditions of the leave were met. 23.21 An employee on a leave of absence without pay for more than fifteen (15) working days may opt to continue his/her benefits at his/her own expense. An employee on a leave of absence without pay for fifteen (15) working days or less shall receive benefits only if the employee earns a sufficient amount to cover his/her share of any benefit costs. |
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