Leave of Absence Without Pay (including Family and Medical Leave) Practice Directive P415

Request for Leave of Absence Without Pay form

PURPOSE:

(P415. 1) The Leave of Absence Without Pay program (LOA/WOP) is designed to grant a full or partial leave of absence without pay for up to one (1) year. Leaves of absence without pay may be granted for the following reasons:

1. Loan of an employee to another governmental agency;
2. Family leaves include childbirth, adoption or serious health condition of spouse, parent or child;
3. Outside employment that would lessen the impact of a potential layoff, or a layoffs,
4. Temporary incapacity due to personal illness or injury, including pregnancy;
5. Other satisfactory reasons.

Leaves without pay granted for periods of disability related to pregnancy are subject to leaves of absence with pay provision. In addition, medical verification may be required.

WHO IS COVERED?

(P415.2) The Leave of Absence Without Pay program shall apply to all eligible full-time, temporary, probationary and permanent staff employees and part-time employees who have permanent status.
Under the Family Medical Leave Act (FMLA), eligible employees include those who have worked for the CSU or other state agency for the past 12 months or longer and have worked 1,250 hours in the last twelve month period.

(P415.3) Where the provisions of the LOA/WOP procedure are in conflict with the collective bargaining agreements reached pursuant to Chapter 12 commencing with Section 3560 of Division 4 of Title I of the Government Code, the collective bargaining agreements shall take precedence.

AUTHORIZATION:

(P415.4) The president has delegated authority to the Director of Human Resources for granting a request for a leave of absence without pay (LOA/WOP).

(P415.5) Upon written application (use form P415A) by the employee and endorsement by the supervisor and Dean/Director of the area in which the employee works, the granting of the LOA/WOP shall be made by the Director of Human Resources in compliance with established criteria outlined in P415.1. Requests shall be submitted 30 days prior to the intended effective date. The 30 day request period may be waived in emergency situations including conditions requiring Family and Medical Leave.

(P415.6) Upon determination by the Director of Human Resources, the employee and the Dean/Director shall be notified in writing and the appropriate transaction forms shall be requested.

(P415.7) All accumulated vacation, CTO, holiday credit and personal holiday time must be exhausted prior to the effective date of the LOA/WOP. Other disability plans such as Nonindustrial Disability and Catastrophic Leave including accumulated sick time and vacation, may be coordinated with benefits under the Family Medical Leave Act (FMLA). Sick leave shall be exhausted prior to the implementation of a LOA due to personal illness or injury.

(P415.8) A LOA/WOP for less than 15 working days is considered an Informal Leave and may be granted by the Dean/Director with appropriate notification on the monthly attendance report. Submission of a written application is not necessary.

(P415.9) A request for an extension of a LOA/WOP shall be submitted in accordance with the procedure P415.5 outlined above. Authorization shall be based on the criteria outlined in P415.1. Requests for extensions beyond one year are not normally approved. Consideration of alternative work schedules including participation in the Reduced Work time program shall be made in reviewing requests for LOA/WOP beyond one year and in cases of family and medical leave.

BENEFITS:

(P415. I 0) A LOA/WOP so granted assures to the employee a right to return to his/her former position or a position (or comparable position and benefits) within his/her classification upon expiration of the leave. An employee may submit a request to the Dean/Director for return to active pay status prior to the expiration of such a leave. Verification that conditions of the leave were met, may be required.

(P415.1 1) Service credit shall not be granted to an employee on a LOA/WOP for the purpose of sick or vacation leave accrual, merit salary adjustment date, seniority, probationary period or the Public Employee's Retirement System except in the case of leave under the FMLA. Depending on the purpose of the LOA/WOP, an employee may "repurchase" service credit from the retirement system.

(P415.12) An employee on a LOA/WOP for more than one full pay period may elect to continue his/her fringe benefits at his/her own expense by completing Direct Pay Authorization form (HBD-21 Health, Dental Plan Request) and submitting payment directly to the plan carriers. Forms can be obtained from the Human Resources Department. For leaves under the FMLA, CSU benefit plan contributions for health, dental and vision coverage shall continue for a maximum of 12 weeks (including any paid period at the beginning of the leave).

For CSU voluntary insurance plans such as life, disability, auto and homeowners, employees may pay the premiums directly to continue the insurance by contacting the administrator of the plans. A tax deferred annuity (TDA) will be suspended during a leave of absence and will be automatically reinstated upon return to pay status. A TDA shall continue while on partial LOA/WOP. Employees must submit a written cancellation document to suspend the deduction while on a partial LOA. For other payroll deductions, arrangements for suspension or direct payment must be made with the organization involved.

(P415.13) An employee shall complete the campus clearance procedure before entering a full-time leave of absence. Clearance forms can be obtained from the individual department office manager or campus Payroll division of Human Resources.

REFERENCE:

(P415.14)
Unit 1, Article 17
Unit 2, Article 16
Unit 4, Article 16
Unit 5, Article 16
Unit 6, Article 19
Unit 7, Article 16
Unit 8, Article 23
Unit 9, Article 16
Govt. Code 20930(i) Retirement Service Credit
FSA 82012 Reduced Work time
Family Medical Leave Act of 1993