Common use of Family Care Leave Clause in Contracts

Family Care Leave. In accordance with the provisions of Government Code Section 12945.2 and the Federal Family and Medical Leave Act (FMLA) of 1993, each Faculty Member shall be eligible for an unpaid leave of absence, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in a twelve (12) month period for the following purposes and under the enumerated conditions: (a) Leave because of: (1) the birth of a child of the Faculty Member, (2) the placement of a child with the Faculty Member in connection with the adoption of that child by the Faculty Member, or (3) the serious health condition of a child, parent, spouse or domestic partner of the Faculty Member, (4) the placement of a son or daughter of the employee for xxxxxx care, (5) a serious health condition that makes the Faculty Member unable to perform the functions of the position; or 6) a qualifying exigency as defined by the law; and 7) a military caregiver as provided by law. (b) Faculty Member shall retain all employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position at the end of the leave period. (c) Family Care Leave is to be used in conjunction with and coordinated with the "Personal Necessity Leave" provided in this Article, Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Article, shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, of the Agreement. If the Faculty Member fails to return to work when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leave. (f) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Faculty Member is requesting leave because of a serious medical condition. (g) If the need for the leave is foreseeable, Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her service to the College. Requests for leave should be submitted with as much advance notice as possible.

Family Care Leave. In accordance with the provisions Section 1. After completing one (1) year of Government Code Section 12945.2 and the Federal Family and Medical Leave Act (FMLA) of 1993service, each Faculty Member permanent employees shall be eligible for an unpaid granted, upon written request, up to six (6) months of family care leave of absencewithout pay with benefits, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in on a rolling twelve (12) month period year basis, for the following purposes and under purpose of attending to the enumerated conditions: (a) Leave because of: (1) the birth medical needs of a child of the Faculty Member, (2) the placement of a child with the Faculty Member in connection with the adoption of that child by the Faculty Member, or (3) the serious health condition of a childspouse, parent, spouse or domestic partner of the Faculty Member, (4) the placement of a son or daughter of the employee for xxxxxx care, (5) or other person qualifying as a dependent who has a serious health condition that makes the Faculty Member unable to perform the functions of the position; or 6) a qualifying exigency condition, as defined by the law; Family and 7Medical Leave Act, provided the employee has at least 1250 hours of actual work time within the last twelve (12) a military caregiver months preceding the commencement of the leave (900 hours for permanent part-time employees). Section 2. Employer-paid coverage for life insurance and for health benefits as provided by lawin Articles 23 and 24 will continue for the period of time the employee is on family care leave under Section 1 of this Article. Section 3. Upon request of the employee, an extension of up to an additional six (b6) Faculty Member months of leave without pay shall retain all employment rights during be granted provided the leave period employee provides proof of the family member’s continuing illness or disability. The extension shall be without benefits and shall be guaranteed contiguous to the termination of the initial six (6) months of leave without pay with benefits. It shall not be used on an intermittent or reduced-time basis. a. If eligible for paid sick leave, an employee shall be required to use all applicable paid sick family and additional sick family leave upon commencement of family care leave without pay. Such sick leave used will run concurrently with and reduce the six (6) month entitlement to leave without pay with benefits. Employees shall not be required to use annual, personal, compensatory or holiday leave upon the commencement of leave without pay; however, if annual, personal, compensatory or holiday leave is used, it also will run concurrently with and reduce such entitlement. b. Subsection 4.a. applies except that employees may choose to retain up to ten (10) days of accrued sick leave to be used as sick family and/or additional sick family, in accordance with Article 13, Sections 4 and 5. The choice to retain or not retain sick leave cannot be made retroactively, and saved days will be measured based on accrued sick leave available at the commencement of the absence. Saved days may be used by employees for absences appropriate for the use of such leave at any time during the first twelve (12) weeks of the six (6) month entitlement to leave without pay with benefits. Such sick leave used will run concurrently with and reduce the six (6) month entitlement to leave without pay with benefits. Days saved and requested for intermittent or reduced-time absences for periods less than two (2) consecutive weeks after the first twelve (12) weeks of the six month entitlement to leave without pay with benefits will be reviewed for approval under the provisions of Article 13. Such use will not be counted against the six (6) month entitlement to leave without pay with benefits. Section 5. An employee shall have the right to return to the same position in the same classification held before going on family care leave, or a similar to an equivalent position at the end with regard to pay and skill for absences under Section 1 of the leave period. (c) Family Care Leave is to be used in conjunction with and coordinated with the "Personal Necessity Leave" provided in this Article, . After commencing the extension period under Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 3 of this Article, and upon receipt of a written request to return to work, the employee shall exhaust her be offered a position in the same classification and seniority unit for which a vacancy exists and to which there are no seniority claims and which the university intends to fill. If such a position is not available, the employee shall be offered, during the remainder of the six (6) month period, any position in the same classification, in a lower classification in the same classification series, or a position previously held, within the same geographical/organizational limitation as the seniority unit, for which a vacancy exists and to which there are no seniority claims and which the university intends to fill. If the employee refuses an offer of a position in the same classification, the employee’s rights under this Section shall terminate. If the employee accepts a position in a lower classification or a position previously held, the employee will be offered a position in the same classification if there is a vacancy in that classification during the remainder of the six (6) month period in the seniority unit, provided there are no seniority claims to the position, and the university intends to fill the position. Section 6. For the purpose of this Article, parent shall be defined as the biological, adoptive, step or xxxxxx parent of the employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. a. under eighteen (18) years of age; or b. eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability. Section 7. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Care Leave concurrently Act of 1993, 29 USC Section 2601 et seq. Section 8. Effective with the Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, beginning of the Agreement. If 2020 leave calendar year, this Article shall expire and be replaced by the Faculty Member fails to return to work when the leave expires for a reason other than the continuationprovisions of Article 17, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leaveSections 10 through 17. (f) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Faculty Member is requesting leave because of a serious medical condition. (g) If the need for the leave is foreseeable, Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her service to the College. Requests for leave should be submitted with as much advance notice as possible.

Family Care Leave. In accordance with the provisions of Government Code Section 12945.2 (CFRA) and the Federal Family and Medical Leave Act (FMLA) of 1993, each Faculty Member shall be eligible for an unpaid leave of absence, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in a twelve (12) month period for the following purposes and under the enumerated conditions: (a) Leave because of: (1) the birth of a child of the Faculty Member, within one year of the child’s birth; (2) to enable the placement of faculty member to care for a child with within one year of the Faculty Member in connection with the child’s adoption of that child by the Faculty Member, or receipt into xxxxxx care; (3) the serious health condition of a child, parent, spouse or domestic partner of the Faculty Member, ; (4) the placement of a son or daughter of the employee for xxxxxx care, (5) a serious health condition that makes the Faculty Member unable to perform the functions of the position, except that CFRA leave shall not apply to medical leave related to the pregnancy of a member; or 6(5) a qualifying exigency as defined by the law; and 7(6) a military caregiver as provided by law. (b) Faculty Member shall retain all employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position at the end of the leave period. (c) Family Care Leave is to be used in conjunction with and coordinated with the "Personal Necessity Leave" provided in this Article, Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Article, shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. However, CFRA leave shall not run concurrently with Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, of the Agreement. If the Faculty Member fails to return to work when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leave. (f) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Faculty Member is requesting leave because of a serious medical condition. (g) If the need for the leave is foreseeable, Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her service to the College. Requests for leave should be submitted with as much advance notice as possible.

Family Care Leave. In accordance with A unit member who has served the provisions of Government Code Section 12945.2 and the Federal Family and Medical Leave Act (FMLA) of 1993, each Faculty Member shall be eligible District for an unpaid leave of absence, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in a twelve (12) month period for the following purposes and under the enumerated conditions: (a) Leave because of: at least one (1) continuous year in a full-time capacity shall be granted a Family Care Leave for the purpose of the birth of his/her child, adoption of a child of the Faculty Memberchild, (2) the xxxxxx care placement of a child with the Faculty Member in connection with the adoption of that child by the Faculty Memberunit member, or (3) the serious health condition care of a child, parent, spouse or domestic partner of the Faculty Member, (4) the placement of a son or daughter of the employee for xxxxxx care, (5) with a serious health condition that makes or the Faculty Member unable to perform unit member's own serious health condition, in accordance with the functions following: a. With the exception of the position; or 6) a qualifying exigency as defined by the law; and 7) a military caregiver as provided by law. (b) Faculty Member shall retain all employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position at the end of the leave period. (c) Family Care Leave is to be used leave taken for purposes of parental leave as set forth in conjunction with and coordinated with the "Personal Necessity Leave" provided in this Article, Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Articlebelow, shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall be without pay; however, the District shall continue to be eligible provide the health benefits specified in Article 6 for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, duration of the Agreementleave. If In addition, the Faculty Member fails Family Care Leave shall not be considered a break in service. b. Family Care Leave may be of any duration at the discretion of the unit member, up to return a maximum of twelve (12) workweeks within a twelve (12) month period. c. Family Care Leave, when related to work when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle of the Faculty Member to leave under existing lawunit member or his/her child, parent, spouse or domestic partner, may be taken intermittently or on a reduced workload schedule when medically necessary. d. Family Care Leave taken for the birth, adoption, or other circumstances beyond xxxxxx care placement of a child must be initiated within one (1) year of the Faculty Memberchild's controlbirth, adoption, or xxxxxx care placement. 1. A unit member may use sick leave for purposes of parental leave for a period of up to twelve (12) workweeks. 2. When the unit member has exhausted all sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to the California Family rights Act (CFRA), the District will recover unit member shall receive fifty percent (50%) differential pay for the premium which was paid for maintaining health coverage during the Faculty Member's remaining period of up to twelve (12) workweeks of parental leave. 3. This leave is available to both full-time and part-time unit members who have completed twelve (f12) The District will require certification which indicates months of employment with the medical necessity for requesting District. 4. This paid leave runs currently with unpaid parental leave under the CFRA and the expected duration federal Family and Medical Leave Act (FMLA) for a total of such leave if the Faculty Member is requesting leave because of a serious medical conditiontwelve (12) workweeks during any twelve (12) month period. (g) If the need for the leave is foreseeable, Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her service to the College. Requests for leave should be submitted with as much advance notice as possible.

Family Care Leave. In accordance 11.6.1 It is the intent of this provision to be consistent with Government Code section 12945.2, and it shall be interpreted so that there is no violation of that law. 11.6.2 An employee with more than one year of continuous service with the provisions of Government Code Section 12945.2 and the Federal Family and Medical Leave Act (FMLA) of 1993District, each Faculty Member who is eligible for other leave benefits, shall be eligible for granted an unpaid family care leave up to a total of absenceone year pursuant to the requirements of this provision. For purpose of this provision, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver the term “family care leave) in a twelve (12) month period for the following purposes and under the enumerated conditions: ” means either (a) Leave because of: (1) leave for reason of the birth of a child of the Faculty Memberemployee, (2) the placement of a child with the Faculty Member an employee in connection with the adoption of that the child by the Faculty Memberemployee, or (3) the serious health condition illness of a child, parent, spouse or domestic partner child of the Faculty Member, employee; or (4b) the placement of leave to care for a son parent or daughter of the employee for xxxxxx care, (5) spouse who has a serious health condition that makes the Faculty Member unable to perform the functions of the position; or 6) a qualifying exigency as defined by the law; and 7) a military caregiver as provided by lawcondition. (b) Faculty Member 11.6.3 An unpaid family care leave shall be granted independently of any other leave pursuant to this article. 11.6.4 An unpaid family care leave shall be treated as any other unpaid leave. During an unpaid family care leave an employee shall retain all employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position at the end of the leave period. (c) Family Care Leave is to be used in conjunction with and coordinated employee status with the "Personal Necessity Leave" provided District, and such leave shall not constitute a break in this Article, Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Article, service. An employee returning from an unpaid family care leave shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, of the Agreement. If the Faculty Member fails to return to work have no less seniority than when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leavecommenced. (f) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Faculty Member is requesting leave because of a serious medical condition. (g) 11.6.5 If the an employee’s need for the an unpaid family care leave is foreseeable, Faculty Member the employee shall provide the District with reasonable advance notice. If the employee’s need for such leave is required due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the District. 11.6.6 The District requires that an employee’s request for an unpaid family care leave for the purpose of caring for a child, spouse or parent who has a serious health condition be supported by a written certification issued by the health care provider of the individual family member requiring care. This written certification must include the date on which the serious health condition commenced, the probable duration of the condition, an estimate of the amount of time the health care provider believes the employee needs to care for the individual requiring care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. If additional leave is required upon expiration of the time estimated by the health care provider, the employee must request such additional leave again supported by a written certification consistent with the requirements for an initial certification. 11.6.7 For the purposes of this provision and consistent with current law, the term “child” means a biological, adopted, or xxxxxx child, a step-child, a legal xxxx, or a child of an employee standing in loco parentis who is either under eighteen years of age or an adult dependent child. For purposes of this provision and consistent with current law, the “parent” means biological, xxxxxx, or adoptive parent or step-parent, or a legal guardian. For purposes of this provision and consistent with current law, the term “serious health condition” means an illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of the treatment or supervision, and involves either of the following: 11.6.7.1 Inpatient care in a hospital, hospice, or residential health care facility; or 11.6.7.2 Continuing treatment or continuing supervision by a health care provider. For purposes of this provision and consistent with current law, the term “health care provider” means an individual holding either a physician’s or surgeon’s certificate issued pursuant to applicable law, or a osteopathic physician’s Page22 and/or surgeon’s certificate issued pursuant to applicable law. 11.6.8 The District, within its discretion, may allow an employee upon written request to utilize accumulated illness and accident leave for the purpose of family care leave. 11.6.9 An employee taking unpaid family care leave pursuant to this provision shall continue to be entitled to participate in health plans or other benefits to the same extent and under the same conditions as apply as if the employee were not on leave. 11.6.10 The District may refuse to grant an employee’s request for unpaid family care leave under this provision even though all requirements of this provision have been satisfied (a) if the refusal is necessary to prevent undue hardship to the operations of the District, (b) if the employee and the other parent would receive unpaid family care leave exceeding four (4) months in any twenty-four (24) month period, or (c) if the other parent is also taking family care leave at a the same time which would least disrupt his or her service is unemployed. 11.6.11 Any employee returning from an unpaid family care leave shall be assigned to the Collegesame or comparable position. Requests for leave should For purposes of this provision and consistent with current law, the term “same or comparable position” means a position that has the same or similar duties and pay which can be submitted with performed at the same or similar geographic location as much advance notice as possiblethe position held prior to the leave.

Family Care Leave. In accordance with the provisions of Government Code Section 12945.2 and the Federal Family and Medical Leave Act (FMLA) of 1993, each eligible Adjunct Faculty Member shall be eligible for an unpaid leave of absence, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in a twelve (12) month period for the following purposes and under the enumerated conditions: (a) . Eligible Adjunct Faculty Members shall be defined as those who have worked in a paid status during the twelve month period immediately preceding the first day the employee will be absent on Family Care Leave. Reasons for Family Care Leave may include: Leave because of: (1) the birth of a child of the Adjunct Faculty Member, (2) the placement of a child with the Adjunct Faculty Member in connection with the adoption of that child by the Adjunct Faculty Member, or (3) the serious health condition illness of a child, parent, spouse or domestic partner child of the Adjunct Faculty Member, (4) the placement of a son or daughter of the employee for xxxxxx care, and (5) because of a serious health condition that makes the Adjunct Faculty Member unable to perform the functions of the position; or (6) Leave to care for a qualifying exigency as defined by the law; and 7) parent or a military caregiver as provided by lawspouse who has a serious health condition. (ba) During the leave period, Adjunct Faculty Member shall retain all those employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position which he/she was entitled at the end of the time leave periodis begun. (cb) Family Care Leave is to be used in conjunction with and coordinated with the "“Personal Necessity Leave" ” provided in this Article, Section 11.4 2. Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Article, shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, of the Agreement. If the Faculty Member fails to return to work when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leave. (fc) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Adjunct Faculty Member is requesting leave because of a serious medical condition. (gd) If the need for the leave is foreseeable, Adjunct Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her service to the College. Requests for leave should be submitted with as much advance notice as possible.

Family Care Leave. In accordance with the provisions of Government Code Section 12945.2 (CFRA) and the Federal Family and Medical Leave Act (FMLA) of 1993, each Faculty Member shall be eligible for an unpaid leave of absence, not to exceed twelve (12) working weeks (60 working days) (26 weeks for military caregiver leave) in a twelve (12) month period for the following purposes and under the enumerated conditions:for (a) Leave because of: (1) the birth of a child of the Faculty Member, within one year of the child’s birth; (2) to enable the placement of faculty member to care for a child with within one year of the Faculty Member in connection with the child’s adoption of that child by the Faculty Member, or receipt into xxxxxx care; (3) the serious health condition of a child, parent, spouse or domestic partner of the Faculty Member, ; (4) the placement of a son or daughter of the employee for xxxxxx care, (5) a serious health condition that makes the Faculty Member unable to perform the functions of the position, except that CFRA leave shall not apply to medical leave related to the pregnancy of a member; or 6(5) a qualifying exigency as defined by the law; and 7(6) a military caregiver as provided by law. (b) Faculty Member shall retain all employment rights during the leave period and shall be guaranteed the right to return to the same or a similar position at the end of the leave period. (c) Family Care Leave is to be used in conjunction with and coordinated with the "Personal Necessity Leave" provided in this Article, Section 11.4 Personal Necessity Leave. (d) A Faculty Member who uses Pregnancy Disability Leave pursuant to Section 11.9 of this Article, shall exhaust her Family and Medical Care Leave concurrently with the Pregnancy Disability Leave. However, CFRA leave shall not run concurrently with Pregnancy Disability Leave. (e) Faculty Members on Family Care Leave shall continue to be eligible for membership in the District health and welfare plans as those plans are described under ARTICLE 10: HEALTH AND WELFARE BENEFITS, of the Agreement. If the Faculty Member fails to return to work when the leave expires for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the Faculty Member to leave under existing law, or other circumstances beyond the Faculty Member's control, the District will recover the premium which was paid for maintaining health coverage during the Faculty Member's leave. (f) The District will require certification which indicates the medical necessity for requesting leave and the expected duration of such leave if the Faculty Member is requesting leave because of a serious medical condition. (g) If the need for the leave is foreseeable, Faculty Member is required to make a reasonable effort to schedule the leave at a time which would least disrupt his or her their service to the College. Requests for leave should be submitted with as much advance notice as possible.