Leaves of Absence

For up to date information on leaves of absence, please contact the Benefits office, at 209-228-2363 or benefits@ucmerced.edu

• Family and Medical Leave (FMLA)
• Initiating FMLA Leave
• Use of Sick Leave and Vacation During Medical Leave
• Returning to Work Following Medical Leave
• Pregnancy Leave
• Parental Leave (Non-Pregnancy)
• Other Leaves
• Your Benefits While on Leave

Family and Medical Leave (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that grants an eligible employee up to 12 weeks of unpaid, job-protected leave in a calendar year when any of the following circumstances are present:

• Birth of a child and/or to care for a newborn child;
• Placement with the employee of a child for adoption or foster care;
• Employee's own serious health condition;
• Care for the employee's spouse, child, or parent with a serious health condition;
• FMLA leave is also granted to care for a domestic partner with a serious health condition under policy and certain collective bargaining agreements.

To be eligible for FMLA benefits, an employee must have:

• At least 12 months of University service (need not be continuous), and
• At least 1,250 hours of work in the 12 months immediately preceding the leave.

The Benefits Office will make the determination of whether an employee qualifies for FMLA leave. Whether an employee's leave is designated as FMLA is not a decision that the employee or supervisor can make independent of the Benefits office. Therefore, it is critical that all supervisors immediately report any medical leave to the Benefits Office to make this determination.

Under FMLA, an employee may go on intermittent leave taken in separate blocks of time. In addition to 12 weeks of unpaid leave, an eligible employee is entitled to continuation of health benefits during the leave period and restoration to the same or equivalent job if the employee returns within the period allowed under the FMLA. Although FMLA leave is unpaid, University policies and collective bargaining agreements may require or allow an employee to use accrued sick and vacation leave before the employee may go out on leave without pay.

An employee's rights under FMLA can run concurrently with other types of leave. For example, an employee may be eligible for both Workers' Compensation and FMLA benefits because a work-incurred injury could also be a serious health condition that qualifies under FMLA.

For more information regarding FMLA, please contact the Benefits Office

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Initiating FMLA Leave

If an employee informs the supervisor that s/he will need to take more than 3 continuous days off for medical purposes, the supervisor should immediately contact the Benefits Office to request a FMLA eligibility determination. Immediate action is critical because the University cannot retroactively designate FMLA leave. If the employee is eligible for FMLA, theBenefits Office will send the employee a FMLA packet within 2 days of notification. The FMLA packet includes:

·        A provisional designation letter notifying the employee that the leave has been temporarily designated as leave under FMLA until a conclusive determination is made.

• Leave of Absence Request form
• Medical Certification form
• Return to Work Certification form (if applicable)

The Leave of Absence Request and Medical Certification forms should be returned to the Benefits Office no later than 30 days prior to the expected leave begin date. When the FMLA forms are returned, the Benefits Office will work with the supervisor and Payroll to track the leave, including use of sick leave and vacation.
If the Benefits Office determines that the employee is not eligible for FMLA, the supervisor should immediately notify the employee and discuss other options that may be available, such as a personal leave. If the leave is not FMLA designated, the Benefits Office will track the use of sick leave, vacation, and leave without pay, so it is important to communicate all leaves with the Benefits Office.

Use of Sick Leave and Vacation During Medical Leave

During any FMLA leave, the use of sick and vacation time must be coordinated with the Benefits Office. Once the FMLA determination has been made, the Benefits Office will work with Payroll to initiate the appropriate payroll procedures. The Benefits Office will fill out a Leave of Absence Notice Form and forward it to the appropriate payroll processor, who will enter the leave information into the EDB. This may include placing the employee on leave without pay status if the employee does not have adequate sick leave or vacation for the entire leave period.
See Your Benefits While on Leave (below) for more information about your options for continuing benefits while on leave.
Payroll procedures during a leave resulting from an injury while at work vary slightly from other medical leaves. While on a Workers Compensation leave, the employee continues to accrue full vacation and sick leave proportionate to the appointment percentage, and is paid for all holidays while on leave. The employee may use sick leave and vacation leave to supplement the Workers Compensation payments. All payroll procedures during Workers Compensation leave will be coordinated by the Benefits Office in conjunction with Payroll.

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Return to Work Following Medical Leave

Prior to returning to work following a medical leave, written authorization from the employee’s healthcare provider is required. A Return to Work Certification form is included in the FMLA packet for this purpose. Please note that an employee may not return to work without first submitting a Return to Work Certification that states that the employee is able to work, listing any restrictions on normal duties. If an employee comes to work without providing the required documentation, please send the employee home until s/he provides medical certification that s/he is able to return to work.

The day the employee returns to work, please ask the employee to contact the Benefits Office to confirm the return to work, and fax a copy of the Return to Work Certification if the employee provided it on the day of return. If the employee has been out on an extended leave, the employee may be required to also fill out a UPAY 850 Enrollment Form to reinstate benefits.

An employee returning to work from a medical leave may need to work a modified schedule during the medical recovery period. It is usually in the unit’s best interest to provide transitional and modified work to reduce future lost workdays. The Benefits Office will work with the supervisor on the process of developing a plan for the employee’s return to work.

Pregnancy Leave

If an employee reports that she is pregnant, please direct her to contact theBenefits Office to receive important information regarding pregnancy leave. FMLA and Disability packets will be provided to the employee and the employee’s options for leave will be discussed.

Employee’s Rights While on Pregnancy Disability Leave

An employee going out on pregnancy leave may be eligible to take up to 7 months maximum for pregnancy and childbearing. Of this 7 months, 20 weeks are job protected, and the remainder must be approved by both the immediate supervisor and the MSO for the unit.

FMLA

• Under FMLA, an employee may take up to 12 weeks of leave for the birth of a child and/or to care for a newborn child.
• During the 12 week period, the employee’s job is protected.

California Pregnancy Disability

Under the California Fair Employment and Housing Act, an employee may take up to 4 months of medically necessary pregnancy disability leave. For a normal pregnancy, this timeframe is usually 2 weeks prior to the birth, and 6-8 weeks after the birth.

• PDL runs concurrently with FMLA.
• During the PDL period, the employee’s job is protected.

California Family Rights Act (CFRA)

In addition to FMLA, employees are also covered under the California Family Rights Act (CFRA), which provides up to 12 weeks of family and medical leave for reasons unrelated to pregnancy disability. This can include the employee’s own serious health condition, or that of a family member, but can also include care for a newborn child or recently placed adopted or foster child.

• CFRA begins when PDL ends and runs concurrent with any remaining FMLA leave.
• During the CFRA period, the employee’s job is protected.

For more information regarding pregnancy leave, see the Pregnancy and Newborn Child Factsheet. See the Family Changes Benefits Checklist for benefits enrollment options upon the birth of the baby. And don't forget to enroll your new baby in your insurance plans within 31 days of the birth!

Non-Pregnancy Parental Leave

An employee whose partner is expecting a baby or an employee who is adopting a child may be eligible for FMLA leave for bonding and newborn care purposes within 12 months of the birth or placement of the child. Please contact the Benefits Office to receive important information about options for taking leave. FMLA packets will be provided to the employee and the employee’s options for leave will be discussed.

Employee’s Rights While on Parental Leave

An employee going out on parental leave may be eligible to take a maximum of 12 weeks for bonding and newborn care purposes. The 12 weeks must be taken within 12 months of the birth or placement of the child.

FMLA

• Under FMLA, an employee may take up to 12 weeks of leave for bonding and care for a newborn child.
• During the 12 week period, the employee’s job is protected.

California Family Rights Act (CFRA)

In addition to FMLA, employees are also covered under the California Family Rights Act (CFRA), which provides up to 12 weeks of family and medical leave for reasons unrelated to pregnancy disability. This can include care for a newborn child or recently placed adopted or foster child.

• CFRA runs concurrent with any remaining FMLA leave.
• During the CFRA period, the employee’s job is protected.

For more information regarding parental leave, see the Pregnancy and Newborn Child Factsheet. See the Family Changes Benefits Checklist for benefits enrollment options upon the birth or placement of the baby. And don't forget to enroll your new baby in your insurance plans within 31 days of the birth or placement!

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Other Leaves

Personal Leave

All employees going on a personal leave of absence without pay must complete the following forms and return them to the Benefits Office:

• Leave of Absence Request Form, signed by your supervisor
• Benefits Continuation Election Form
• Your Benefits Office will provide the forms to you upon your request for leave.

See Your Benefits While on Leave for specific information about your options for continuing benefits while on leave. See the Leave Without Pay section of At Your Service for general information about taking a personal leave without pay.

Professional Development

All employees going on a Professional Development leave of absence without pay must complete the following forms and return them to theBenefits Office:

• Leave of Absence Request Form, signed by your supervisor
• Benefits Continuation Election Form

Your Benefits Office will provide the forms to you upon your request for leave.

See the Leave Without Pay Benefits Checklist for general information andYour Benefits While on Leave for specific information about your options for continuing benefits while on leave. See the Leave Without Pay section of At Your Service for general information about taking a personal leave without pay.

Furlough

While on furlough, you must take action in order to continue or cancel your University benefits. Your benefits deductions are normally taken out of your paychecks, but while you are on a furlough, your benefits can only continue if you arrange in advance to pay your benefits via personal check. All employees going on a furlough must complete a Benefits Continuation Election Form prior to the beginning of the furlough. Furloughing employees will receive the form and instructions in advance of the furlough.

See the Furlough Benefits Checklist for general information and Your Benefits While on Leave for specific information about your options for continuing benefits while on leave. See the Furlough section of At Your Service for more information about furlough leaves.

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Your Benefits While on Leave

General Information

While on leave without pay, you must take action in order to continue or cancel your University benefits. Your benefits deductions are normally taken out of your paychecks, but while you are on a leave without pay, your benefits can only continue if you arrange in advance to pay your benefits via check. The following explains the process of continuing or cancelling benefits while you are on leave without pay.

Benefits Continuation Election Form

Once the Benefits Office learns that you are going out on leave, you will receive a Benefits Continuation Election Form. The purpose of this form is to inform the Benefits Office of your intent to either continue or cancel your benefits while you are on leave.

If you fail to return the Benefits Continuation Election Form to Human Resources/Benefits prior to the beginning of your leave, your insurance is subject to cancellation. If coverage is cancelled, you will need to re-enroll if you wish to reinstate coverage upon return from leave. It is solely your responsibility to contact the Benefits Office upon return from leave to initiate re-enrollment.

Benefits Premium Payments

Your monthly benefit premium amounts can be found on At Your Service. In order to continue your benefits, you will owe a premium for each month that you will not receive a paycheck. You may pay the premiums for the entire leave in one lump sum or on a monthly basis. To ensure continued coverage, your Request to Continue/Cancel University Benefits Form must be received by the Benefits Office by the 10th of the month following the beginning of your leave without pay. For example, if your leave begins on June 15th, you will need to submit your payment by July 10th to cover your August benefits. If you elect to make payments on a monthly basis, it is your responsibility to ensure your payments reach the Benefits Office by the 10th of each subsequent month. If a payment is not received by the 10th of the month, coverage will be subject to cancellation. Note: Premiums are adjusted at the beginning of each calendar year. If your leave will extend beyond the end of the calendar year, you must contact the Benefits Office in November for an update on your new benefits premium amounts.

Type of Leave and Effect on Benefits

During Non-Work Related Disability: The University contribution to medical insurance will continue during your leave if you are receiving Short Term Disability benefits from Liberty Mutual (26 weeks maximum). You are responsible for the payment of the employee portion of your medical plan premium.

During FMLA: Medical, Dental, and Vision coverage will be maintained during any leave covered by FMLA (up to 12 work weeks) to the extent coverage would be maintained if you had been actively at work during the leave period. You are responsible for the payment of any employee portion of your medical plan premium. If your FMLA leave period ends and you are still out on unpaid leave, you are responsible for both the employee and the UC contribution for your Dental and Vision coverage, and your Medical coverage unless you are receiving Short Term Disability benefits from Liberty Mutual (26 weeks maximum).

During Other Leaves: To maintain any of your benefits, you are responsible for sending the entire premium amount (UC and employee contributions) to the Benefits Office by the 10th of every month preceding the month of coverage.

If Your Coverage is Cancelled

If coverage is cancelled, you will need to reenroll if you wish to reinstate coverage upon return from your leave. Please note that Supplemental Disability coverage must be cancelled while you are on leave without pay (unless the leave was an approved professional development leave). It is solely your responsibility to contact Human Resources/Benefits upon return from leave to initiate re-enrollment in any insurance that was cancelled during your leave. Your eligibility period for reenrollment ends on the last working day of the 31 day period following your return from leave. As long as the Benefits Office receives your enrollment forms before the end of this period, your coverage will be effective retroactive to the date you return from leave.

If coverage is cancelled, coverage will end on the last day of the month for which a premium has been paid. Medical, Dental, Vision, Legal, Supplemental Life, Basic and Expanded Dependent Life, and AD&D premiums are paid in advance. For example, if you choose to cancel these coverages and you receive a paycheck on July 1, you will be covered through the end of July.

Other Payroll Deductions

For information on other payroll deduction items such as Parking, Gym Memberships, Credit Union, Auto/Home Insurance, or any other deductions that come out of your paycheck automatically, contact the appropriate vendor or office directly. If you have a 403(b) loan, you must contact Fidelity Investments Tax Exempt Services Company (FITSCo) at 1-866-682-7787 to make arrangements for repayment of the loan while off pay status. If you do not take action, the outstanding amount may be reported as a taxable distribution. It may also be subject to federal and state early distribution penalties.

COBRA

The Consolidated Omnibus Reconciliation Act of 1985 (COBRA) requires the University of California to offer continuation of University sponsored medical, dental and optical insurance to qualified employees and family members enrolled in the plans at the time of certain qualifying events, such as a leave without pay. Except for approved FMLA leaves, the COBRA continuation period runs concurrently with, and not in addition to, any University continuation provisions. (For approved FMLA leaves, the COBRA continuation period begins when FMLA ends.) If you terminate employment at the end of the leave period, you may continue coverage for the remainder of the COBRA period by paying the entire premium plus 2% directly to the insurance provider. If you do not continue your insurance during a leave period, you will not be eligible for continued coverage under COBRA at the time of termination. If you wish to request a COBRA Continuation form or need assistance, please contact the Benefits Office

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