Leave Programs
For questions and inquiries regarding medical leave, please contact leaves@sfsu.edu
CSU Disability Leaves Programs
A variety of leaves programs are available to employees at San Francisco State. The Office of Human Resources – Leave programs coordinate the following leave programs: Catastrophic Leave, Family Medical Leave, Maternity/Paternity Leave, Military, Bereavement, and Non-Industrial Disability Insurance (NDI), Jury Duty, Organ Donor Leave.
Eligibility guidelines are subject to appropriate Collective Bargaining Agreements (CBAs), specific policies, applicable legal agreements, and current state and federal legislation. Approval for these programs may be granted to employees depending on the circumstances of the leave and the appropriate collective bargaining unit of the employee.
CSU Family Medical Leave
Overview
Under CSU Family Medical Leave (FML) eligible employees may take job-protected leave for up to twelve (12) weeks in a 12-month period for specified reasons relating to the employee’s or a qualified family or service members’ serious health condition, in connection with at the birth or placement of a child, or for a qualified military exigency. CSU FML incorporates both the Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave entitlements, which normally run concurrently.
Entitles eligible employee up to twelve (12) weeks of time off, in a twelve (12)-month period for specified reasons relating to the employee’s or a qualified family or service members’ serious health condition, in connection with at the birth or placement of a child, or for a qualified military exigency
- Must have been employed for at least one academic year or twelve (12) months (not necessarily continuously) preceding leave.
- This period of time is unpaid but the law permits the employees to use their leave accruals to be paid.
- This provision guarantees the employee job protection, time off from work, continuing benefits, and a right to return to the same/comparable position.
- The CSU incorporates both the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave entitlements and runs concurrently.
|
Pregnancy Disability Leave Time |
CFRA Leave Time |
Interaction of PDL and CFRA |
Interaction of CFRA and FMLA |
Interaction of PDL and FMLA |
|
4 months |
twelve (12) weeks in twelve (12) mo. |
Employees are entitled to CSU FML leave under a variety of circumstances:
- Birth or placement for a child, to bond with a newborn or newly placed child for adoption or foster care; or to care for a child with a serious health condition.
- Care for the employee’s spouse registered domestic partner or parent with a serious health condition.
- Employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his/her job.
- Qualifying Military Exigency Leave (MEL)
- Service Member Care Leave (SMCL) for a covered servicemember with a serious injury or illness, if the employee is the spouse, registered domestic partner, son, daughter, parent, or next of kin of the service member.
CSU policy requires that when an employee is placed on CSU FML for their own serious health condition, the employee must use his/her sick leave, vacation credits, Personal Holiday, and CTO (unless specifically excluded by collective bargaining agreement) prior to going on any unpaid portion of CSU FML.
Leaves for the employee’s own, family member's, or covered service member’s serious health condition can be permitted on either an intermittent or reduced work schedule when medically necessary. For intermittent leave or leave on a reduced work schedule, there must be a medical requirement for that type of leave (as distinguished from voluntary treatments and procedures) and such medical need must best be accommodated through an intermittent or reduced work schedule. Employees needing intermittent CSU FML or a reduced work schedule must make a reasonable effort to schedule leave to avoid disrupting campus operations
While an employee is on CSU FML, the CSU pays its normal share of any medical premiums pursuant to law. In addition, CSU will continue to pay its normal share of any premiums for dental insurance and vision coverage. The employee continues to be responsible for his or her share (if any) of such benefits. Accounts receivable will be set up for the employee’s share of the premium if any.
To request leave covered under CSU FML, please contact the Leaves department at leaves@sfsu.edu upon receiving notification of a request/need for leave, the Leaves Office will provide to the requesting employee the documentation required. Employees must provide 30 days’ advance notice for foreseeable leave or as much advance notice as is practicable. When 30 days’ notice is not possible, the employee must give notice to the employer on the same day that s/he learns of the need for leave, or the next business day, after the need arises for unforeseeable leave, unless it is impracticable.
The Leaves unit will require a Leave of Absence Request Form and Certification of Health Care Provider (CHCP) from an employee seeking leave for his/her or a qualified family or service members’ serious health condition. It is important that your family member’s health care provider answer fully and completely all applicable parts of the CHCP. Responses should be the provider’s best estimate based upon the provider’s medical knowledge, experience, and examination. Terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine eligibility for CSU FML. CHCP’s that are incomplete or insufficient will be returned to the employee and the employee will be directed to obtain the missing information from their health care provider. Failure to timely provide the required information may result in a delay or non-approval of leave.
Maternity/Paternity/Adoption Leave
Pregnancy disability leave permits a female employee up to four months of leave for the disability period due to pregnancy, childbirth, or a related medical condition. An employee is considered disabled if she is unable to perform one or more essential functions of her job due to pregnancy or related health conditions. The employee is required to provide medical verification from her doctor. This leave is without pay, but the employee may use vacation, personal holiday, CTO, or sick leave during the period of disability.
The Maternity/Paternity/Adoption leave is a paid leave associated with the birth of an employee's own child or the placement of a child with the employee in connection with the adoption or foster care. This type of absence is not charged against the employee's leave credits, and the amount of paid days is based on the employee’s Bargaining category.
Paid Maternity/Paternity/Adoption leave runs concurrently with any other related leaves for which the employee is eligible. The chart below is a reference that can be used to determine the amount of paid maternity/paternity/adoption leave an employee is entitled to under this program.
|
Bargaining Unit |
Number of Eligible Paid Days |
Timeframe Guidelines for the Paid Maternity/Paternity/Adoption Leave |
|---|---|---|
|
Unit 1, 2,5,7,9 (CSUEU), 4,6,8 |
30 Days |
Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus. |
|
Unit 3 (Faculty) |
50 Days or 60% RWS / semester |
Days run consecutively and shall commence within a 135 day period, which begins 60 days prior to the anticipated arrival of a new child, and ends 75 days after the arrival. In lieu of 50 days, Unit 3 employees can take a 60% reduced work schedule for the semester. |
|
Unit 10 (IUOE) |
15 Days |
Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement. |
|
Unit 11 (Academic Student Employees) |
None |
Not available to employees within this employee category. |
|
Confidential (C99) |
30 Days |
Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus. |
|
Management Personnel Plan (MPP) (M80) |
30 Days |
Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus. |
|
Executive (M98) |
30 Days |
Days are consecutive and shall commence within 60 days of the arrival of a new child. |
|
Excluded (E99, including TAs) |
None |
Not available to employees within this employee category. |
|
Paid Leave Entitlements |
San Francisco State Lactation Room(s)
Lactation Room locations: https://wellness.sfsu.edu/lactation-rooms
Lactation Guide
1.- PURPOSE:
To establish best practices for lactation support and accommodations and to ensure continued compliance with all applicable federal and state laws and regulations.
2.- REFERENCES:
California Senate Bill (SB), Section 142
California Labor Code Sections 1030-1034
San Francisco State University (SFSU) recognizes the importance and benefits of providing lactation support and accommodations to faculty and staff who need to express milk. In compliance with federal and state law, SFSU will provide all lactating employees with adequate break time and private lactation rooms to express milk.
Reasonable Amount of Break Time
Lactating employees have the right to a reasonable amount of break time each time the employee has the need to express milk. If possible, the break time shall run concurrently with the break time already provided to the employee. Break time that does not run concurrently with an employee’s authorized break time will be determined in accordance with the employee’s respective Collective Bargaining Agreement.
A reasonable amount of break time is typically twenty (20) to thirty (30) minutes, two (2) to three (3) times per day. However, the necessary amount and frequency of required break time are impacted by individual needs and proximity to lactation spaces. As such, a reasonable amount of break time for a lactating employee should be determined on a case-by-case basis.
The break schedule should be based on the employee’s needs and the operational needs of the department.
Location to Express Milk
SFSU shall provide appropriate, private space, in close proximity to a lactating employee’s work area, for the employee to express milk. The private space shall:
- Not be a restroom.
- Be shielded from view and free from intrusion while the employee is expressing milk.
- Be safe, clean, and free of hazardous materials.
- Contain a surface to place a breast pump and other personal items.
- Contain a place to sit, and Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations needed to operate an electric or battery-powered breast pump.
SFSU shall provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s work area.
A lactating employee may choose to use the place where the employee normally works, such as the employee’s private office if it meets the above requirements for such space.
Where a multipurpose room (such as a conference room or vacant office) is used for lactation, the use of the room for lactation shall take precedence over the other uses, but only for the time, it is in use for lactation purposes.
Alternative temporary lactation spaces may be designated by Human Resources (HR), as needed, on a case-by-case basis.
3.- PROCESS FOR REQUESTING LACTATION ACCOMMODATION:
Employees have the right to request a lactation accommodation.
To request a lactation accommodation, an employee shall discuss their accommodation needs with their appropriate administrator as soon as possible. Such discussions should include a mutual agreement regarding the frequency and timing of breaks, typically two (2) to three (3) times per day for twenty (20) to thirty (30) minutes, and the availability of lactation spaces in close proximity to the employee’s workspace. Employees’ lactation needs may vary, and accommodations should be determined on a case-by-case basis.
If an employee and their appropriate administrator are unable to reach an agreement, the employee shall reach out to HR for assistance.
Employees who wish to use the designated lactation rooms on campus should register online to gain access to the calendar and lactation rooms available on campus.
If the designated lactation rooms on campus are not in close proximity to an employee’s work area, then the employee may work with HR to find a temporary lactation location on campus.
If SFSU is unable to comply with an employee’s request for a lactation accommodation, HR will provide a written response to the employee’s request.
4.- RESPONSIBILITIES:
SFSU shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise their right to a lactation accommodation.
Employees
Employees are responsible for initiating the lactation accommodation process with their appropriate administrator.
Employees are encouraged to discuss their lactation accommodation needs with their appropriate administrator, both upon return to work and as needs change.
Employees who store breast milk in shared refrigerators shall place the milk in a personal cooler bag with their name on it. Employees may bring their own cooler bag. All breast milk should be removed from shared refrigerators by the end of each day.
Appropriate Administrators
Appropriate administrators shall meet with an employee who requests a lactation accommodation within five (5) Working Days of the employee’s request, to discuss the employee’s accommodation needs and respond to the employee’s accommodation request.
Appropriate administrators are encouraged to allow flexible scheduling, if possible, to accommodate lactation breaks.
Appropriate administrators shall keep a record of all employee lactation accommodation requests, including the employee’s name, steps taken to accommodate the employee, and the accommodation the appropriate administrator granted to the employee, for three (3) years.
Appropriate administrators shall consult with HR before denying an employee requested lactation space or break time to express milk.
Appropriate administrators shall not take any negative employment action against an employee who requests an accommodation.
Human Resources
HR shall maintain a list of designated lactation rooms on campus and ensure that the list is available to all employees online.
HR shall help employees access designated lactation rooms on campus upon request.
5.- SPACE USE AND CLEANING
- If you find the Space is not clean prior to use, please contact the Facilities Services at 415- 338-1568 / 415-405-0579 or email at facilities@sfsu.edu.
- No other individuals are permitted in the space at any time unless space was scheduled.
- Please remove your trash from the space.
- Please ensure the door closes to secure the space before and after each use.
- Please do not share the lock code with others.
- The University is not responsible for lost or stolen items left in the space.
- To conserve energy, please turn off the lights after each use.
6.- COMPLAINTS:
Discrimination, harassment, or retaliation towards a lactating employee or any employee who requests an accommodation under this guide is prohibited and will be addressed in accordance with the procedures set forth in Executive Order 1095, 1096, and 1097 (or their successor orders).
Employees also have the right to file a complaint with the Labor Commissioner for any violation of a right provided under California Labor Code Sections 1030-1034.
THE LACTATION ROOMS ARE STRATEGICALLY LOCATED IN THE FOLLOWING AREAS:
- J. Paul Leonard Library - LIB267
- Marcus Hall - T336
- Mashouf Wellness Center - MWC115
- Student Advising Center - ADM 229
Nursing mothers can register to use the Lactation Room by making a room request by clicking on the link below and entering their SF State Credentials:
Lactation Room Locations Map - Interactive map
Staff/Faculty
Human Resources Leaves Programs - leaves@sfsu.edu / HR Client Services Center
Students
Health Promotion & Wellness- hpw@sfsu.edu / https://wellness.sfsu.edu/lactation-rooms
Other Disability Programs
Provides paid benefits for eligible employees up to twenty-six (26) weeks for their own illness / Injury.
- This benefit begins when sick leave credits are exhausted. An employee may elect to use other leave credits in addition to sick leave prior to applying for NDI benefit.
- This program runs concurrently with other programs.
- This provision guarantees the employee time off work, continuing benefits, and a right to return to her same/comparable position.
The CSU Catastrophic Leave Donation Program allows employees to voluntarily donate sick and/or vacation leave credits to employees that are totally incapacitated due to a catastrophic illness or injury, and have exhausted all leave credits, including any sick, vacation, personal holiday, or CTO credits. Family illnesses that are deemed catastrophic, requiring an employee to be absent to care for an immediate family member, are also eligible for the CSU Catastrophic Leave Donation Program. Depending on the employee category, an employee who accrues vacation or sick leave credits may voluntarily donate a certain number of accrued hours to another employee deemed eligible for catastrophic leave.
The maximum number of hours you can donate in a fiscal year (July 1-June 30), is determined by your collective bargaining identification unit (CBID):
|
CBID |
1 Physicians |
2, 5, 7, 9 CSEA |
3 Faculty |
4 Academic Support |
6 Trades |
8 Public Safety |
11 UAW (TA’Only) |
12 CSUEU |
MPP CONF |
E99 Excluded |
|---|---|---|---|---|---|---|---|---|---|---|
|
MAX HRS |
1-40 |
1-40 |
1-40 |
1-40 |
1-40 |
1-16 |
1-16 |
1-40 |
1-40 |
1-40 |
To donate Catastrophic Leave Credits, complete the Catastrophic Leave Donor Form and submit it to the Office of Human Resources. Catastrophic leave donations are not transferable between campuses. An employee can donate to or receive credits from employees at his/her respective campus only.
For additional questions on the catastrophic leave program, please contact the Leaves Office at leaves@sfsu.edu
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.
Please review the CSU Benefit's Summary for additional information. Remember to view your CSU Bargaining Unit for specific guidelines.
The Industrial Disability Leave (IDL) Program is a salary continuation program, in lieu of workers' compensation temporary disability (TD) benefits, for CSU employees who are CalPERS members and who have suffered a work-related injury or illness.
Employees are granted time to serve on jury duty. Employees will receive a full salary while absent to perform jury duty provided the University is reimbursed for monies employees receive for serving as jurors. (Unlimited days allowed).
The Organ Donor Leave (ODL) Program, in accordance with Assembly Bill (AB) 1825, allows CSU employees, who have exhausted all available sick leave, to take a paid leave of absence of up to 30 continuous calendar days in any one-year period when donating his or her organ to another person or a paid leave of absence of up to five continuous calendar days in any one-year period when donating his or her bone marrow to another person.
Emergency, temporary, and indefinite military leaves are provided in compliance with federal and state regulations and collective bargaining provisions. To request the use of military leave, contact the Human Resources Employment Services unit.