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Disability And Other Leave Benefits

Note: Employees should read the following information in conjunction with their Collective Bargaining Agreement language. Contact the Benefits Office with any questions.
http://www.calstate.edu/LaborRel/Contracts_HTML/contracts.shtml

Leave Requests Procedures

An employee should provide at least a 30-day notice to the campus before commencement of any paid or unpaid leave; however, if the leave must begin in less than 30 days, the employee must provide as much notice as possible. An employee should complete a Leave of Absence Request Form (available in the HRM office). After all department signatures are acquired, the form is submitted to Human Resources Management for approval. Employees are advised to meet with Benefits prior to taking a medical/disability leave, and physician certification of disability is required.

Non-Industrial Disability Leave (NDI)

Non-industrial Disability Insurance (NDI) is a wage continuation program paid for by the state. There are no employee contributions, enrollment fees or medical examinations required in order to be eligible. NDI provides up to 26 weeks of benefits to eligible employees who are unable to work due to a non-work-related illness or injury including pregnancy. This plan is in lieu of State Disability Insurance (SDI) benefit that is also administered through the Employment Development Department. 

Before applying for NDI benefits, eligible employees should first apply for and receive an approved leave of absence. To apply for NDI, employees must contact the Benefits Office.

NDI Eligibility Requirements

Before NDI payments begin, the employee must first exhaust all accrued sick leave credits. If any vacation time is used, all vacation accrued must be exhausted before NDI benefits can be paid. While on NDI employees will not receive PERS service credit, and NO retirement contributions will be deducted from NDI benefits. Additionally employees will not accrue sick or vacation leave.

NDI Payment Process

The Employment Development Department determines the period of eligibility and authorizes claims. Once the Payroll Department receives authorization from the Benefits Office, the request for payment is made to the State Controller. Payment is then prepared on a monthly basis through the Payroll Office and distributed by the employee’s department.

Continuation of Employee Benefits While on NDI

Voluntary deductions for employee benefits plans including health/dental/vision insurance, credit union, parking fees, etc. will be automatically deducted from the NDI benefits. However, an employee may cancel voluntary deductions.

Catastrophic Leave Donation Program

Any CSU employee who accrues vacation or sick leave credits may voluntarily donate either of those credits (refer to the applicable Collective Bargaining Agreement for the maximum hours you can donate) to any other CSU employee on the same campus. The recipient employee must have exhausted all accrued leave credits, i.e., sick leave, vacation and CTO due to a catastrophic illness or injury. For further information, please contact the Benefits Office.

Family and Medical Leave (FML)

Employees are entitled to take Family and Medical Leave if they have been employed for at least 12 months in the 12 months preceding the leave. FML is provided to employees in accordance with state and federal laws, which grant up to 12 weeks of leave during a 12-month period to care for themselves, children, spouses, or parents with a serious medical condition. Medical certification is required.

FML runs concurrently with all paid leaves used during the FML period. FML ensures that, if an employee happens to not have enough paid leave time to cover the FML absence, the employer continues to pay the benefits premiums for the FML period. Additionally, FML entitles the employee to reinstatement to the same or comparable position with equivalent benefits, pay and conditions of employment upon the employee’s return to work at the end of the FML period.

Paid Maternity/Paternity/Adoption Leave

Paid maternity/paternity/adoption leave benefits are paid to certain employee groups, subject to restrictions. This leave runs concurrently with Family and Medical Leave.

California Pregnancy Disability Leave (CPDL)

This provides a female employee with up to four months of leave if the employee is disabled due to pregnancy. This is a separate entitlement from the CSU FML entitlement and is exhausted prior to employee’s being placed on CSU FML.
See below link about CPDL:

Department of Fair Employment and Housing Notice A and B:
http://www.dfeh.ca.gov/res/docs/publications/DFEH-100-20.pdf
http://www.dfeh.ca.gov/res/docs/publications/DFEH-100-21.pdf

Education Code 89519 Maternity Leave (ECML)

This is a leave of absence without pay for the purposes of pregnancy, childbirth or the recovery there from of a female employee as determined by the employee, but not to exceed one year. ECML tracks with CPDL and FML so, for a normal pregnancy, the female employee would be out for six weeks of CPDL and up to 12 weeks of FML for a total of 4 ½ months of leave which meets the legal requirements under these three leave provisions. The maximum leave of absence (combining unpaid leave and utilization of leave credits) for permanent employees subject to CPDL, CSU FML, and ECML is one year.               

Leave of Absence Without Pay

A full or partial leave of absence without pay may be granted to eligible employees. Formal leaves of absence without pay are requested of the appropriate administrator in writing by the employee and may be granted for satisfactory reasons. (Forms for this purpose may be obtained in Human Resources.) Leaves of absence provide two primary protections for employees:

EARNED OR USAGE-ONLY LEAVE BENEFITS

Sick Leave

Sick leave is an accrued benefit, which may be used by the employee to care for him/herself, an ill “immediate” family member, or for the death of a family member. To be entitled to use sick leave, an employee must be in active employment status. Sick leave is earned at the rate of eight hours for each full-time qualifying pay period of service. Part-time employees earn sick leave on a pro-rata basis.

Vacation

Vacation is an accrued benefit, which provides time off with pay, and is accrued following completion of a qualifying month of service. A qualifying month of service consists of 11 days or more of pay in a pay period for full-time and part-time employees.

Holidays

There are 13 holidays and one personal holiday each calendar year. Yearly, Payroll distributes calendars containing the schedule of holiday observances and payroll information. In order to receive pay for the holiday, employees must be on pay status at the time the holiday is observed by the University.

Personal Holiday

An employee is entitled one Personal Holiday that must be taken on one day during the calendar year (January 1 – December 31). Part-time employees earn Personal Holiday on a pro-rated basis.

Bereavement

Bereavement leave is granted upon the death of an immediate family member or a “significantly close relative” as defined by University Policy and the Collective Bargaining Agreement. Refer to the collective bargaining agreement for the number of bereavement days allowed.

Jury Duty

Employees are granted time to serve on jury duty. Employees will receive full salary while absent to perform jury duty provided the University is reimbursed for monies employees receive for serving as jurors. (Unlimited days allowed).

Military Leave

Emergency, temporary and indefinite military leaves are provided in compliance with federal and state regulations and collective bargaining provisions.

Voting

If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which when added to the voting time available outside of working hours will enable the voter to vote. No more than two hours of the time taken off for voting shall be without loss of pay.

 

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Last Update: 08/29/2012