Leaves of Absence — University of California RNs (UCSF, UC Davis & all UC)

If applicable state or federal law requires that the University offer any leave in a manner that is more generous to nurses than is currently provided in this Article, the University will comply with the law. 1. Definition – The provisions of this Section (A.1.a.-g.) are for general descriptive purposes only, and are not subject to the grievance or arbitration provisions of this Agreement. The remainder of the Article is subject to the provisions of Article 27, Grievance Procedure, and Article 28, Arbitration. a. The term Family and Medical Leave (FML) is used when referring to a leave under the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and/or the California Pregnancy Disability Leave Law (PDLL). b. If a nurse who is eligible for FML takes such a leave for their own serious health condition (as defined in §C.1.a., below), the absence from work …

or legal proceedings, authorized emergencies, and some military leaves, as provided in this Article. 2. Cumulative/Concurrent Nature of Leaves of Absence – To the extent that leaves under this provision are for a covered FMLA, CFRA or PDLL purpose, those leaves shall run concurrently with FMLA, CFRA or PDLL as appropriate, and shall not be cumulative. 3. Requests for Leave – Except for FML, requests for leaves of absence including extensions to leaves shall be submitted in writing in accordance with departmental procedures. a. Requests for leaves of absence and extensions to leaves, both in paid and unpaid status - except for leaves covered under FML (see §C.1.d.) shall be submitted sufficiently in advance of the requested leave date to provide the University time to assess the operational impact of granting the request, except as otherwise provided below. b. All requests for leaves of a …

the University prior to returning to work. Failure to provide a medical release to return to work may result in the delay of reinstatement until the nurse submits the required medical release certification. 2) Placement on Return to Work – A nurse who has been granted FML for any reason other than Pregnancy Disability shall be reinstated to the same position in the same department upon return from FML If the position has been abolished or otherwise affected by layoff, and an equivalent position is not available, the nurse shall be afforded the same considerations under Article 23, Layoff and Reduction in Time, which would have been afforded had the nurse actually been working rather than on leave when the position was abolished or affected by layoff. The University shall not grant a leave of absence beyond the ending date of the nurse's appointment or predetermined date of separation. Fo …

assistant, nurse practitioner, nurse mid-wife or clinical social worker performing within the scope of their practice as defined under State law; Christian Science practitioner; or any health care provider that the nurse's health plan carrier recognizes for purposes of payment. 7) "1,250 Hours Of Actual Service", used for the purposes of determining FMLA/CFRA eligibility, means time actually worked and does not include any paid time off including, but not limited to, a nurse's use of accrued vacation, compensatory time, or sick leave, nor does it include time paid for holidays not worked or time spent in unrestricted on- call status. However, for nurses granted military leave, all hours that would have been worked had the nurse not been ordered to military duty shall be used to calculate the 1,250 hours of actual service requirement. b. Eligibility 1) Nurses who have at least twelve (12) …

shall not be counted toward a nurse's entitlement of up to four (4) months of Pregnancy Disability Leave, unless the nurse is also on a reduced work schedule or an intermittent leave schedule. When the nurse’s health care provider certifies that the reassignment is no longer medically advisable, the University shall return the nurse to the nurse’s same position or a comparable position in accordance with §D.5., below. 2) If the nurse’s health care provider certifies that reasonable accommodations other than reassignment and/or leave on an intermittent or reduced schedule basis are medically advisable, the University shall engage in the interactive process with the nurse to identify and implement the reasonable accommodation(s) that are appropriate under the circumstances. 2. Childcaring Leave The University shall grant a nurse’s request for a total of up to six (6) months of Childcaring …

Disability Leave of Absence, the nurse is eligible to receive up to six (6) months of Childcaring Leave upon request. b. In addition, once the nurse has exhausted the leaves described in §D.3.a., above, the nurse may be granted a Personal Leave of Absence. Requests for a Personal Leave of Absence under this section shall not be unreasonably denied. 4. Continuation of Health Benefits – See §C.1.i.(4)., above. 5. Return to Work a. The University shall reinstate a nurse who has been given an alternate assignment and/or Pregnancy Disability Leave of Absence to the same position in the same department, provided: 1) the nurse returns to work immediately upon termination of the Pregnancy Disability Leave, and 2) the aggregate duration of all Pregnancy Disability Leaves granted for a given pregnancy does not exceed four (4) months. b. When a nurse returns from Pregnancy Disability Leave, if the …

is exhausted, the nurse may elect to use accrued vacation time or accrued compensatory time prior to taking Pregnancy Disability Leave without pay. All time off taken as Pregnancy Disability Leave, whether the nurse is using accrued paid leave or taking unpaid leave, shall be deducted from the nurse’s PDLL entitlement and also from her FMLA entitlement if the leave is running concurrently under the FMLA. c. Intermittent and Reduced Schedule Leave 1) When medically advisable and supported by medical certification, the University shall grant a nurse Pregnancy Disability Leave on a reduced work schedule or on an intermittent basis including absences of less than one day. Only the time actually spent on the intermittent or reduced leave schedule shall be counted towards the nurse’s entitlement of up to four (4) months of Pregnancy Disability Leave. 2) When the nurse’s health care provider st …

has a family-related need to be absent from work, but who does not meet the eligibility requirements of FML. However, such nurse shall not be eligible for any of the rights or benefits attached to FML. d. Notice 1) If the nurse learns of the event giving rise to the need for leave more than thirty (30) days in advance of the leave’s anticipated initiation date, the nurse shall give the University at least thirty (30) calendar days notice of the need for leave. A nurse who fails to give thirty (30) calendar days' notice for a foreseeable leave with no reasonable basis for the delay, may have the FML delayed until thirty (30) days after the date on which the nurse provides notice. 2) If the need for leave is foreseeable due to the planned medical treatment of the nurse or their family member, the nurse shall make reasonable efforts to schedule the treatment so as to avoid disruption to the …