Medical Leaves of Absence

The Family and Medical Leave Act (FMLA), a federal law, provides job protection when you take time off with an approved leave of absence. FMLA may apply in the following circumstances:

• the birth of a child and to care for the newborn child within one year of birth; 
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
•  serious health condition that makes the employee unable to perform the essential functions of his or her job;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” 

The College determines when to designate a leave as "FMLA" based on the facts of each individual situation.  The College is required to inform employees of your rights under the federal and state leave laws.  Employees are responsible for providing sufficient medical documentation to substantiate the need for a protected leave of absence.

AM I ELIGIBLE? 

Based on federal requirements, we determine eligibility by asking  these two questions:  

1) Have you worked for Mt. SAC for at least 12 months as of the start date of your requested time off or leave of absence? 

2) Have you worked for Mt. SAC for at least 1250 hours in the 12 months prior to your first day of leave? 

The 1250 hours must be actual worked hours, including overtime. However, paid and unpaid time off, except military leave do not count toward the 1250 hours. 

If the answer is yes to both of these questions, then you may be eligible for FMLA as long as: 

• Your absence is for an FMLA-qualifying reason 
• You have not exhausted your 12-week entitlement (as of the start date of your leave of absence within the previous 12 months)
  

I AM NOT ELIGIBLE FOR FMLA, WHAT NOW? 

If you are not eligible for FMLA, do not worry. You may still be eligible for leave under state law(s), College policies, or corresponding collective bargaining agreement. A Human Resources Analyst can help you assess your options. 

The California Family Rights Act (CFRA), a state law, provides job protection when you take time off with an approved leave of absence. CFRA may apply in the following circumstances: 

• The birth of a child or adoption or foster care placement of a child. 
• To care for an eligible family member with a serious health condition. An eligible family member may include a child of any age (including step and foster child), spouse, domestic partner, parent (including parent in-law), grandparent, grandchild, or sibling.
  
• When you are unable to work because of your own serious health condition (SHC). 

What are the differences between FMLA and CFRA? 

There are four major differences between the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA): 

1. Pregnancy as a “Serious Health Condition” (SHC): 
   FMLA: Covered as a serious health condition under the Family and Medical Leave Act (FMLA). 
   CFRA: Pregnancy itself is not covered as a SHC. Instead, in California, a pregnant employee is entitled to a Pregnancy Disability Leave (PDL). CFRA leave runs concurrent with Parental Leave.
2. Registered Domestic Partners
   FMLA: Not covered. 
   CFRA: Under CFRA registered domestic partners are covered just like spouses.
3. “Qualifying Exigency” because of employee’s or family member’s active military duty 
   FMLA: Eligible FMLA employees are entitled to up to 12 weeks (3 months) of leave for “any qualifying exigency” arising because the employee has a family member (spouse, child, parent) who is on active military duty or who has been notified of an impending call to active duty status, in support of a contingency operation. Health benefits are included. The family member must be a member of the Guard, Reserve or be a retired member of the Armed Services. 
   CFRA: Not covered under CFRA. 
4. Care for Ill or Injured Military Service Member 
   FMLA: Covered. An employee who is the spouse, child, parent, or next of kin of a covered service member may take a total of 26 weeks (6.5 months) of leave during a 12-month period to care for a covered service member who is ill or injured in the line of duty on active duty. Health benefits are included. 
   CFRA: Covered under CFRA if family member is a spouse, child, or parent.

I’m pregnant, what are my rights?  

PDL permits employees up to 17 1/3  weeks of unpaid disability leave due to pregnancy, childbirth, or a related illness, with sufficient certification from a health care provider.

1. Available to all pregnant employees with sufficient certification from a health care provider.
2. PDL will run concurrent with FMLA (for FMLA-eligible employees) up to the first 12 weeks 
3. Employers are required to maintain the health benefits of eligible employees.
   

Parental Leave under the California Education Code permits an employee to take up to 12 weeks of unpaid leave for the birth of a child or placement of a child with an employee for adoption or foster care within one year from the child's date of birth or placement of a child.

Are you eligible? 

Have you worked for the college for at least 12 months? If yes, then you are eligible for Parental Leave. If no, you are not eligible.

Have you become a parent to a child in the past 12 months? If yes, then you are eligible for Parental Leave. If no, you are not eligible. 

What are the differences between Parental Leave and FMLA/CFRA (baby bonding)? The California Education Code does not require 1250 hours worked to be eligible for parental leave.

An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. 

Coverage 

Any full-time Federal civilian employee whose appointment is not limited to 1 year is entitled to military leave. Military leave under 5 U.S.C. 6323(a) is prorated for part-time career employees and employees on an uncommon tour of duty. 

Types of Military Leave 

5 U.S.C. 6323 (a) provides 15 days per fiscal year for active duty, training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year. 

Inactive Duty Training is authorized training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. For further information, see Department of Defense Instruction Number 1215.6, March 14, 1997 

5 U.S.C. 6323 (b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. This leave is provided for employees who perform military duties in support of civil authorities in the protection of life and property or who perform full-time military service as a result of a call or order to active duty in support of a contingency operation* as defined in section 101(a)(13) of title 10, United States Code. 

5 U.S.C. 6323(c) provides unlimited military leave to members of the National Guard of the District of Columbia for certain types of duty ordered or authorized under title 49 of the District of Columbia Code. 

5 U.S.C. 6323(d) provides that Reserve and National Guard Technicians only are entitled to 44 workdays of military leave for duties overseas under certain conditions. 

* The term "contingency operation" means a military operation that- 

• (a) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or 
• (b) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of title 10, United States Code, chapter 15 of title 10, United States Code, section 712 of title 14, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress. 

For more information and frequently asked questions, you may visit https://www.opm.gov/faqs/topic/payleave/index.aspx?cid=f24794b1-dc27-41d8-b4e0-255cefc2c817. 

Catastrophic Leave Program  BP 7345  

Catastrophic Leave  provides employees the opportunity to voluntarily donate eligible leave credits to a “Catastrophic Leave Bank” and to apply for catastrophic leave credits, in accordance with the provisions of Education Code Section 87045.

CSEA 262

For eligibility and more detailed information, please refer to the CSEA 262 Collective Bargaining Agreement. 

• CSEA 262 Catastrophic Leave Donation and Application Form

CSEA 651

For eligibility and more detailed information, please refer to the CSEA 651 Collective Bargaining Agreement. 

• CSEA 651 Catastrophic Leave Donation and Application Form

 Faculty 

For eligibility and more detailed information, please refer to the Faculty Collective Bargaining Agreement.

• Faculty Catastrophic Leave Donation and Application Form

Confidential and Management 

• Confidential and Management Catastrophic Leave (CL) Procedures
• Confidential and Management Catastrophic Leave Donation Form
• Confidential and Management Catastrophic Leave Application Form

STAY HOME IF SICK: As a reminder, anyone with COVID-19 symptoms should stay home. COVID-19 symptoms include fever, chills, cough, shortness of breath, fatigue, body aches, headache, new loss of taste/smell, sore throat, runny nose, congestion, sneezing, nausea, and diarrhea.

FILL OUT A HEALTH CHECK: To report symptoms or exposure to COVID-19, fill out an Employee Health Check Form. This form is critical to trigger a campus response from Contract Tracers, Police and Campus Safety, Custodial Services and more. Employees should also notify their managers.

CONTACT TRACERS: To learn more about how to respond to symptoms and COVID-19 exposures, contact our Contact Tracing Department at (909) 274-6900 or email contacttracing@mtsac.edu.

**CONTACT TRACING WILL DETERMINE THE LENGTH OF TIME THAT AN EMPLOYEE MAY NEED TO ISOLATE/QUARANTINE. SHOULD A LEAVE OF ABSENCE GO BEYOND 10 CALENDAR DAYS, EMPLOYEES WILL NEED TO CONTACT HUMAN RESOURCES TO REQUEST ADDITIONAL LEAVE OF ABSENCE.