Family Medical Leave Act (FMLA)
Federal law provides for up to 12 weeks of unpaid leave to eligible employees in a calendar year for any of the following reasons:
- the employee’s own serious health condition;
- the birth of a child or to care for a newborn, newly adopted child, or a newborn in foster care; or
- the care of a spouse, child or parent with a serious health condition.
Any employee who has at least 12 months of University service and has worked at least 12501 hours during the 12 months immediately preceding the commencement of the leave is eligible. A family and medical leave may, in certain circumstances, overlap or be combined with other types of leaves allowed under UC policies.
According to APM 715-20, Family and Medical Leave is normally an unpaid leave except:
- Accrued sick leave may be substituted, at the appointee’s option, for unpaid family and medical leave granted for the appointee’s serious health condition or to care for the appointee’s child, parent, spouse, or domestic partner with a serious health condition.
- Accrued vacation leave may be substituted, at the appointee’s option, for unpaid family and medical leave granted for any covered reason
- For academic appointees who do not accrue sick leave, Chancellors may approve leave with pay for up to 12 workweeks.
When requesting this type of leave, the following should be submitted to the Department, the Dean’s Office, and the Office of Academic Personnel:
- Leave of Absence Form (UCI-AP-76)
- FML Medical Certification Form or a physician’s off work order containing relevant information including leave dates, anticipated return to work dates or any limitations as stated by the healthcare provider.
- FML Declaration of Relationship Form
Requesting a leave to care for a seriously ill family member who is the appointee’s child, parent, spouse, or domestic partner is covered under APM 715.
Leaves of Absence – General
|Length of total UC service in eligible title(s)||Maximum paid* sick leave for consecutive or intermittent paid medical leave within a ten-year period:|
|Less than 10 years||Up to two (2) quarters for academic-year appointee
Up to 6 months for fiscal-year appointee
|10 years or more||Up to three (3) quarters for academic-year appointee
Up to 12 months for fiscal-year appointee
Childbearing and Childrearing – Leaves
For more information on Disability Insurance go to Disability Management Services.
When requesting a parental leave, Leave of Absence Form (UCI-AP-76) as well as the Family Medical Leave request form and a FML Declaration of Relationship Form should be submitted via the Department Chair, via the Dean to the Office of Academic Personnel.
Parental Leave for child bonding is typically a leave without pay covered under APM 760-27. Because the purpose of this leave is to care for and bond with a newborn or newly adopted child, this is considered a type of family medical leave that provides certain benefits under University policies during the leave.
For faculty who accrues vacation, vacation accrual may be used to convert the applicable period of time to a paid leave.
A paternity leave request is considered a “parental leave” under APM 760-27. A parental leave is a full-time or part-time leave without pay for up to a year to care for a newborn or a newly adopted child. Accrued vacation may be substituted in lieu of unpaid parental leave.
Alternatively, this faculty member is also eligible for a quarter of Active Service Modified Duties (ASMD) within 12 months following the birth or placement of his child, if he has primary responsibility for the care of an infant or newly adopted child under the age of five.
Childbearing and Childrearing – General Questions
The female faculty member is eligible for childbearing leave for the period prior to, during, and after childbirth. Childbearing leave shall consist of time an appointee is temporarily disabled because of pregnancy, childbirth, or related medical conditions. For example, the faculty member who is the birth mother will have at least six weeks of paid leave; and may request for the remainder of the leave quarter as ASMD. In addition, she is also eligible for an additional 2 quarters of ASMD, which will provide release from full or partial teaching responsibilities or other assigned duties in accordance with APM 760-28 and established school practice.
The male faculty member is eligible for a quarter of parental leave for baby bonding under APM 760, which is normally an unpaid leave, up to one year. He is also eligible to request ASMD for a quarter if he has primary responsibility for the care of an infant or newly adopted child under the age of five.
Faculty who do not accrue vacation have two options:
- Request an ASMD for fall quarter, which will provide full pay with modified duties. This is normally partial or full release from teaching assignments, but can also include other assigned duties.
- Request a Parental Leave without Pay, which will mean no pay and no work requirement.
For non-faculty academic appointees, submit a request for Parental Leave which will mean no pay and no work requirement. This is normally without pay; but accrued vacation leave may be substituted, at the appointee’s option, if the leave is approved.
In this case, this faculty member has the option to take a childbirth leave during Spring quarter.
Another option for this faculty member is to request a six-week childbirth leave in the Spring and Active Service Modified Duties (ASMD) for the Fall and Winter quarter. In either situation, replacement teaching costs would be centrally covered for the quarter. Additionally, if no leave is taken in the Spring, she would be eligible for a subsequent quarter of ASMD, so long if this request is within 12 months of the birth.
Summer salary is only provided to those academic-year faculty who are carrying out their academic responsibilities during the summer month(s). In this situation, if the faculty member has just given birth, she would likely not be working, and if that is the case, summer salary would not be appropriate.
Childbearing and Childrearing – Active Service-Modified Duties (ASMD)
This is a reduction of duties, not a leave. The appointee remains in service to the University but with modified duties. Duties to be assumed during this period shall be arranged between the Department Chairperson and the appointee. Each School at UCI has established specific practice regarding how duties are modified for ASMD. For school-specific information regarding ASMD, please contact the dean’s office at each school.
For ladder-rank faculty, the modification of duties normally will be either partial or full relief from teaching without the assignment of additional teaching duties before or after to offset the teaching relief. Modified duties may be reduction of other duties as determined by the department and school.
For other eligible faculty who primarily have teaching duties, the modification of duties normally will be partial teaching relief or the assignment of additional resources such as teaching assistants or readers, as appropriate.
For all other eligible academic appointees, the modification of duties normally will be a reduced workload using sick accrual.
To be eligible for active service-modified duties, an academic appointee must have primary responsibility for the care of an infant or newly adopted child under the age of five. The child may be the appointee’s child or that of a spouse or domestic partner. An appointee is eligible for a period of active service-modified duties for each event of birth or placement (adoption). The birth or placement of one or more children at the same time constitutes a single event of birth or placement. Eligibility for a period of active service-modified duties shall normally extend from 3 months prior to and up to 12 months following the birth or placement.
Eligibility for a period of Active Service-Modified Duties normally extend from 3 months prior to, and up to 12 months following the birth or adoption of a child and may be granted to any faculty member who has primary responsibility for the child. This means fathers can apply for Active Service-Modified Duties.
The total period of Childbearing Leave plus Active Service-Modified Duties for a birth mother (who has a full-time appointment of at least one full academic year) may not exceed three quarters for each birth. If she gives birth during the summer she is eligible for a total period of active service-modified duties of three quarters during the academic year. Central funding for the purpose of providing ladder rank faculty teaching replacement is allocated to the affected academic department on request
Yes. Non-senate academic appointees may be eligible to request a ASMD. To be eligible for ASMD, an academic appointee must have primary responsibility for the care of an infant or newly adopted child under the age of five. Refer to APM 760-28 and APP 7-42 for eligibility criteria and ASMD entitlement.
At UCI, a Non-Senate faculty will normally receive a one-course reduction during his/her ASMD quarter. A Non-Senate academic appointee who has no teaching responsibilities will normally receive a 33% workload reduction during the ASMD quarter, using accrued sick leave credit in proportion to the reduced workload to substitute. When sick leave is exhausted or for non-faculty academics who do not accrue sick leave, pay will be reduced proportionately to workload reduction. The Non-Senate Appointee’s department will assume the cost of teaching or workload replacement during the ASMD quarter.
YES. Because Active-Service Modified Duties (ASMD) involves reduced academic duties, not the absence of academic duties, the quarter in which an academic appointee is approved for ASMD counts as one credit toward his/her sabbatical leave (see APM 740-11).
In contrast, when an academic appointee is on an approved leave of absence for more than 50% of a given quarter or semester, no sabbatical credit is counted for that quarter or semester.