HR - Parental and Family Care Leave - Non FMLA - CA

Policy Statement and Reason

For the purpose of this policy, employees include California staff only. All provisions of this policy apply unless otherwise stipulated by an applicable collective bargaining agreement.

Emerson College recognizes that its staff employees may need time away from work due to the birth, adoption of a child, the placement of foster children with staff employees or to care for staff employees’ children during the first 12 months after birth, adoption or placement of children pursuant to court orders.  In addition, staff employees may need time away from work to tend to the serious health conditions of staff employees’ spouses, children or parents.

This policy provides specific information about Parental and Family Care Leave (Non-FMLA/Non-CFRA) that may be available to staff employees who do not meet Family and Medical Leave Act (FMLA) and/or California Family Rights Act (“CFRA”) eligibility requirements or who have exhausted their FMLA and/or CFRA time. (See: FMLA – General Information for All FMLA Leaves and California Family Rights Act Leave (CFRA)).

Policy Guidelines

Eligibility

Regular full-time and part-time staff employees working 20 hours or more per week with 90 days of employment. 

Leave Purpose and Duration

Parental and Family Care Leave (Non-FMLA/Non-CFRA) provides eligible staff employees with up to twelve (12) weeks of unpaid time away from work in a 12-month period (measured backward on a rolling basis) due to:

  • Birth, adoption or placement of children pursuant to court orders
  • The need to care for employees’ children during the first 12 months after birth, adoption or placement of children pursuant to court orders
  • The need to tend to the serious health condition of the employee’s spouses, children or parents (not parents-in-law)

When both spouses work for the College, the amount of leave permitted under this policy for child bonding purposes is limited to an aggregate of sixteen (16) weeks.

To the extent any other College leave policy may apply, leave under any other policy shall run at the same time as leave under this policy. If an employee becomes eligible for FMLA and/or CFRA leave while out on leave under this policy, the employee’s leave under this policy will run concurrently with leave under the College’s FMLA and/or CFRA policies.

Applying for Parental and Family Care Leave (Non-FMLA)

  • Employees must provide thirty (30) days advance written notice for foreseeable Non-FMLA and must comply with the College’s Leave of Absence (LOA) procedures.
  • If the need for leave is not foreseeable (e.g., an emergency medical situation), employees must notify the College as soon as practicable and should comply with the College’s normal call-in procedures for an absence or tardiness (see:  Sick Time Policy). To initiate the LOA process employees must notify their supervisors and Human Resources as soon as possible.  
  • Employees must provide an appropriate completed medical certification form as part of the leave of absence process. 
  • These Non-FMLA certification forms must be accurately completed and returned to the Leave Administrator within fifteen (15) days after the College’s request unless it is not practicable for an employee to do so under the circumstances despite the employees diligent, good faith efforts.
  • Employees who fail to submit the required Non-FMLA certification accurately and completely within the 15-day time frame may be denied Non-FMLA unless they provide a reasonable explanation to the College in advance that it is not practicable to provide the completed certification within the 15-day time frame despite their diligent, good faith efforts.  If Non-FMLA is not granted, employees’ absences may not be considered excused, and their employment may be ended. 
  • Employees also may be required to provide a periodic certification and re-certification supporting the need for leave.
  • Employees must provide sufficient information for the College to determine if the leave may qualify for Non-FMLA and the anticipated timing and duration of the leave.
  • While out on Non-FMLA leave, employees are required to continue paying their portion of relevant benefit plans on the same terms as if they had continued to work.

Pay During Parental and Family Care Leave (Non-FMLA)

Pay Continuation for Faculty Employees

Parental and Family Leaves (Non-FMLA) under the “unpaid” periods of time eligible faculty employees may take from work for the reasons described above.

For information about any applicable pay continuation for faculty employees, please see the applicable collective bargaining agreement.

Pay Continuation for Staff Employees

Parental and Family Leaves (Non-FMLA) are “unpaid” periods of time eligible employees may take from work for the reasons described above.

Unless otherwise stipulated by applicable collective bargaining agreement sick time, personal time, vacation time, California Disability Insurance and California Paid Family Care Leaves are ways in which eligible employees may be compensated during applicable leaves.

Employees must use sick time, vacation time and personal time when not receiving income replacement by the state; use of vacation time is optional in the case of pregnancy disability. However, employees may hold up to five (5) total days of sick, personal and vacation time in reserve.

The use of sick time, personal time, and/or vacation is optional, not required during periods the employee is receiving any kind of income replacement benefits, such as California Disability Insurance and California Paid Family Care Leaves

Return from Leave

The College grants Parental and Family Care Leave (Non-FMLA/Non-CFRA) to staff employees with the intention of returning them to their positions at the conclusion of the leave. However, the job protections available under FMLA and/or CFRA do not apply to Parental and Family Care Leaves (Non-FMLA/Non-CFRA) unless required by applicable law and the College cannot guarantee staff employees’ positions when they are out on Parental and Family Care Leave (Non-FMLA/Non-CFRA).

Staff employees must notify Human Resources and their supervisors at least one (1) week in advance of their intention to return to work.   

Depending on the nature of staff employee’s job and the reasons for which staff employees went on leave, the College may request that staff employee’s health care providers complete fitness for duty forms before staff employees return to work.

Failure to Return from Leave

Employees are considered to have resigned voluntarily if:

  • They do not return to work on their scheduled return date without a valid excuse or leave extension; 
  • They fail to notify the College that they will not be returning from an FMLA and/or CFRA leave or other approved leave of absence;  
  • They do not return to their original positions or equivalent positions as soon as they are able; or
  • They have accepted other employment during the leave period that renders them unable to return to their previous position.

Other Information

NON-FMLA Family Care and Parental Leave:  Married Spouses, Domestic Partners or Parents

(both work at Emerson but are not married spouses or domestic partners)

Non-FMLA Unpaid Family Care Leave 

Eligible married spouses, domestic partners or parents are each entitled to up to 12 work weeks of unpaid Non-FMLA leave to care for a child, parent or married spouse or domestic partner with a serious health condition.

Non-FMLA Unpaid Parental Leave 

Eligible married spouses, domestic partners or parents are each entitled to up to 12 work weeks of unpaid Non-FMLA leave to care newborn or newly adopted child or child placed for foster care. 

Related Policies

Responsible Officer

The AVP/Chief of Human Resources is responsible for this policy

Key Offices to Contact

Please contact the Leave of Absence Administrator (Human Resources) for further information regarding this policy and its implementation.  The Office of Human Resources is responsible for this policy.

Key Offices to Contact 

Please contact the Leave of Absence Administrator (Human Resources) for further information regarding this policy and its implementation.  

Links to Procedures or Forms

Please contact the Leave of Absence Administrator (Human Resources) for further assistance.

Definitions

Serious Health Condition: For this policy, a “serious health condition” is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that prevents the qualified family member from going to work, participating in school or other daily activities.  Subject to certain conditions, the “continuing treatment” requirement may be met by:

  • a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider;
  • one (1) visit to a health care provider and a regimen of continuing treatment;
  • incapacity due to pregnancy or a chronic condition, or
  • Other conditions may meet the definition of “continuing treatment.”  

Spouse:  A “spouse” includes same sex-spouses as well as domestic partners.

Child: “Child” means any child under the age of eighteen (18) years-old who is the biological child of an employee, who has been adopted by an employee, or who is placed with the employee by pursuant to a court order. “Child” also includes any child over the age of eighteen (18) years- old who is incapable of self-care because of a mental or physical disability. 

The contents of this policy are informational only and are not conditions of employment. This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.

 

Policy Information

Policy Name

Personal Medical Leave (Non-FMLA/Non-CRFA)

State

California

Policy Owner

Shari Stier,  Sr. Associate VP/CHRO

Department

Human Resources

Date Approved

April 15, 2019