Time Off and Leave of Absence Policies and Regulations

Time Off and Leave of Absence Policies & Regulations Sections
Section	Section	Section	Section
Holidays Observed	Vacation Policy for Staff in Exempt Positions	Vacation Policy for Staff in Non-Exempt Positions	Sick leave for Regular Full- and Part-Time and Interim Staff
Sick Leave for Temporary Staff and Regular Staff Working 1-19 Hours per Week	Sick Leave for Student Employees	Sick Leave for Faculty Members	Federal Family and Medical Leave Act (FMLA)
Family and Medical Leave Under the California Family Rights Act (CFRA)	Federal Families First Coronavirus Response Act	Pregnancy Disability Leave (PDL) of California	Relationship Between the Pregnancy Disability Leave and Family Medical Leave Under FMLA and CFRA
Primary Caretaker Leave Policy for Staff	Primary Caretaker Leave Policy for Faculty	Personal Leave of Absence	Return to Work Policy
Bereavement Leave	Bone Marrow Donation Leave	Domestic Violence or Sexual Assault Leave	Jury Duty and Witness Leave
Military Duty Leave	Military Leave of California	Organ Donor Leave	School or Day Care Activity Leave
Victims of Crime Leave	Volunteer Firefighters, Reserve Police Officers and Emergency Rescue Personnel Leave	Voting Leave

Holidays Observed

Eligibility: Eligible staff members are immediately eligible to receive paid holidays. Pitzer College observes the following as paid holidays for regular and interim, benefits-eligible staff members:

**Observed Holidays and Campus Closures**
Spring Semester	Fall Semester
New Year’s Day	Labor Day (1^st Monday in September)
Martin Luther King, Jr. Day (3^rd Monday in January)	Thanksgiving Day (4^th Thursday in November)
Cesar Chavez Day (last Friday in March)	Friday following Thanksgiving Day
Memorial Day (4^th Monday in May)	Christmas Eve and Christmas Day
Juneteenth (June 19)	Days between Christmas Day & New Year’s Day (Campus Closure)
Independence Day (July 4)

College Designated Holidays: Two observed holidays are designated by the College on an annual basis.

Campus closure days will be treated as paid school closure days and not paid as holidays. Benefits eligible employees who are required to work on any of the campus closure days will be paid at their regular rate for each straight-time hour worked.

Working on the Holiday – Non-Exempt (Hourly) Staff: Nonexempt employees who are required to work on any of the holidays listed above will be given alternative time off at the rate of 1½ hours for each holiday hour worked. (This is not the same as “comp time” which is not permissible since no overtime is worked.) This time must be used prior to the end of the next pay period and approved by the supervisor. If such time off cannot be granted, employees will be paid time and one half for each holiday hour worked in addition to the normal holiday pay.

Part-Time Proration: Part-time employees working less than 40 hours per week will receive a reduction in their work hours for the week equivalent to their daily rate multiplied by the number of holidays observed in the week. The daily rate is calculated by dividing the regular hours worked in a week by five weekdays.

For any questions about the holiday schedule including eligibility, call the Human Resources office at (909) 621-8254 or HR@jmswierski.com.

Last updated: 12/18/20

Vacation Policy for Staff in Exempt Positions

(Salary Grades 5 and Above)

Eligibility: Vacation benefits are available to regular or interim, benefits-eligible staff members (not temporary or student employees), working at least 20 hours per week.

Vacation Earning Rate: Vacation is earned for time worked, up to a maximum amount (see “Maximum Balances” below). Vacation time does not accumulate during a leave of absence or periods of non-active status.

Full time staff members earn vacation at the rate of 14.67 hours (1.83 days) per month.
Part-time staff members earn a corresponding pro-rated amount based on their regularly scheduled work hours.

Maximum Balances: No staff member may accrue more than 264 vacation hours at any time. Once this maximum balance is reached, eligible staff members will not accumulate more time until some is used up. The maximum balance is pro‐rated for eligible part‐time staff members.

Usage: Usage is in no less than half-day (4.0-hour) increments. Vacation time off must be arranged in advance with the supervisor. Vacation time cannot be taken in advance of accruing actual time off, unless approved by the supervisor. If time off is approved where insufficient vacation time is available in the staff member’s balance, time in excess of the available balance will be unpaid. Staff members may elect to use vacation hours if sick time has been depleted.

Record Keeping: Staff members are responsible for tracking their own earnings and usage and reporting it on a monthly basis into the electronic time and attendance system. Please contact Human Resources for assistance.

Annual Audit: The Human Resources office conducts an audit every June and requests balances for all employees as part of the end of the year closing process. Staff members should be prepared to submit up‐to‐date vacation balances to Human Resources every June.

Vacation Policy for Staff in Non-Exempt Positions

(Grades A thru J)

Eligibility: Vacation time benefits are available to regular or interim, benefits-eligible staff members (not temporary or student employees), working at least 20 hours per week.

Earning Rates: Eligible staff members accumulate vacation as they work and it is granted on the first day of each pay period, up to a maximum amount (see “Maximum Balances” below). Vacation time does not accumulate during a leave of absence or periods of non-active status.

Vacation Earning Schedule for Full-Time Employees

(Part-Time Earning Schedule is Prorated Accordingly)

Time of Continuous Employment Earning Rate Annual Totals*

12 months or less 3.08 hours per pay period 80 hours per year (10 days)

13 -24 months 3.69 hours per pay period 96 hours per year (12 days)

25 – 36 months 5.54 hours per pay period 144 hours per year (18 days)

37 months or more 6.77 hours per pay period 176 hours per year (22 days)

*Usage is in no less than 0.25 hour increments.

Usage: Usage is in no less than 0.25 hour increments. Vacation time cannot be taken in advance of accruing actual time off and will be taken as unpaid, if granted by the supervisor. Vacation time off must be arranged in advance with the direct supervisor. A staff member may elect to use vacation hours if sick time has been depleted.

Record Keeping: Staff members are responsible for tracking their own earnings and usage and reporting it on a bi-weekly basis into the electronic time and attendance system along with actual hours worked. Staff members who use time clocks must request vacation in advance with their supervisor according to their department procedures.

Annual Audit: The Human Resources office conducts an audit every June and request balances for all staff members as part of the end of the year closing process. Staff members should be prepared to submit up‐to‐date vacation balances to Human Resources every June.

Accruals Rates – Returning Employees

Staff members who have departed from Pitzer College and returned to work for the college within 12 months will accrue at the same rate at the time of departure. Employees who have previously worked for the college 10 or more years may accrue at the maximum rate upon return.

For any questions, call the Human Resources Office at ext. 18254 (909-621-8254) or hr@jmswierski.com.

Last Updated 10/09/2020

Sick leave for Regular Full- and Part-Time and Interim Staff

Eligibility

All eligible staff members (regular or interim staff working 20 hours or more per week) per year will be granted paid sick leave to use for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, a staff member, staff member’s family member or a designated person.
1. “Family member” means any of the following:
  1. A child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
  2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the staff member’s spouse or registered domestic partner, or a person who stood in loco parentis when the staff member was a minor child
  3. A spouse.
  4. A registered domestic partner.
  5. A grandparent.
  6. A grandchild.
  7. A sibling.
If the staff member is a victim of domestic assault, sexual violence, and/or stalking.

Earning Rates

Eligible staff members will be granted 8.0 hours (pro-rated for part-time staff accordingly) every month.

Exempt staff accrues the eight hours on the first of the month.
Non-exempt staff accrues the eight hours on the first pay period of the month.

“Paid sick days” means time that is compensated at the same rate as the employee normally earns during regular work hours.

Maximum Balances

Eligible staff members may not accrue more than 120 days (960 hours) of sick leave at any time. Accrued unused sick time will not be paid at the time of termination.

Usage

Eligible staff members may use sick leave as earned, however, sick leave cannot be taken in advance of being earned. Should a staff member need to take sick time and does not have accrued time available, the staff member may use accrued vacation time to cover the absences.

Kincare: When using sick leave to care for an eligible family member, staff members may use up to 6 days of sick leave (or the amount earned in 12 months of employment for part-time employees) per fiscal year.

If the need for paid sick leave is foreseeable, the staff member shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the staff member shall provide notice of the need for the leave as soon as practicable to the staff member’s direct supervisor.

Non-exempt, eligible staff members may use sick time as needed with no minimum increment.
Exempt staff members may use sick time in no less than half-day (4-hour) increments.

If you have any questions about your own time accounting, call the Human Resources Office at ext. 18254.

Last Updated 1/1/24

Sick Leave for Temporary Staff and Regular Staff Working 1-19 Hours per Week

Eligibility

All eligible staff members (temporary staff and regular staff working less than 20 hours per week) working 30 or more days per year will be granted paid sick leave to use for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, a staff member, staff member’s family member or a designated person.
1. “Family member” means any of the following:
  1. A child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
  2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the staff member’s spouse or registered domestic partner, or a person who stood in loco parentis when the staff member was a minor child
  3. A spouse.
  4. A registered domestic partner.
  5. A grandparent.
  6. A grandchild.
  7. A sibling.
If the staff member is a victim of domestic assault, sexual violence, and/or stalking.

Earning Rates

Eligible staff members will be granted five (5) days (40 hours) of sick time after completing 30 days of employment or immediately upon rehire if the 30 days have been met previously and every July 1 thereafter, following their date of hire.

“Paid sick days” means time that is compensated at the same rate as the employee normally earns during regular work hours.

Maximum Balances

Eligible staff members may not accrue more than 5 days (40 hours) of sick leave at any time. Accrued unused sick time will not be paid at the time of termination of employment.

Usage

Eligible staff members may use sick leave beginning on the 90^th day of employment or immediately if the 90 days have been previously met. Eligible nonexempt staff members may use sick time as needed with no minimum increment. Eligible exempt staff members may use sick time in no less than half-day (4-hour) increments.

Kincare: When using sick leave to care for an eligible family member, staff members may use up to 5 days of sick leave per fiscal year.

For any questions contact the Human Resources Office at extension 18254 (909-621-8254) or hr@jmswierski.com.

Last Updated 1/1/24

Sick Leave for Student Employees

(Applies to all students of The Claremont Colleges working for Pitzer College)

Eligibility

All eligible student employees working 30 or more days within a year are entitled to paid sick days.

Unpaid volunteers are not eligible for this benefit.

Paid sick days may be taken for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, a student employee, student employee’s family member or a designated person.
- “Family member” means any of the following:
  1. A child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the student employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
  2. A biological, adoptive, or foster parent, stepparent, or legal guardian of a student employee or the student employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the student employee was a minor child.
  3. A spouse.
  4. A registered domestic partner.
  5. A grandparent.
  6. A grandchild.
  7. A sibling.
If the student employee is a victim of domestic assault, sexual violence, and/or stalking.

Earning Rates

Eligible student employees shall accrue paid sick days at the rate of one (1) hour per every thirty (30) hours worked, beginning on the date of hire or July 1, 2015, whichever is later.

“Paid sick days” means time that is compensated at the same rate as the student employee normally earns during regular work hours.

Maximum Balances

The accrual of paid sick days cannot exceed ten (10) days or eighty (80) hours. Accrued unused sick time will not be paid upon termination of employment.

Usage

Student employees shall be entitled to use accrued paid sick time beginning on the 90^th day of employment, after which the student may use paid sick time as it accrues.

A student employee’s use of paid sick days is limited to five (5) days or forty (40) hours in each year of employment, based on the effective date of the initial California sick leave law (July 1, 2015), the original hire date if the student was employed after July 1, 2015, or the rehire date (if the rehire was more 12 months from the separation from the College).

Last Updated on 1/1/24

Sick Leave for Faculty Members

Eligibility

All eligible faculty members working 30 or more days per year will be granted paid sick leave to use for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, a faculty member, faculty member’s family member or a designated person.
1. “Family member” means any of the following:
  1. A child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
  2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the staff member’s spouse or registered domestic partner, or a person who stood in loco parentis when the staff member was a minor child
  3. A spouse.
  4. A registered domestic partner.
  5. A grandparent.
  6. A grandchild.
  7. A sibling.
If the member of the faculty is a victim of domestic assault, sexual violence, and/or stalking.

Earning Rates

Tenured/Tenure-Track Faculty: All tenure and tenure-track faculty receive sick time in accordance with the Faculty Handbook. Please refer to the Faculty Handbook for specific policies on long-term leaves of absence and coordination with disability benefits. The minimum amount of sick days required by law to be provided, five (5) days, will be displayed on the monthly pay statement.

Adjunct Faculty: Adjunct faculty will be granted five (5) days (40 hours) of sick time after completing 30 days of employment or immediately upon rehire if the 30 days have been met previously and at the beginning of the semester hired thereafter.

“Paid sick days” means time that is compensated at the same rate as the faculty normally earns during regular work hours.

Maximum Balances

Adjunct Faculty may not accrue more than 10 days (80 hours) of sick leave at any time. Accrued unused sick time will not be paid upon termination of employment.

Usage

Tenure and Tenure-Track Faculty may begin using sick time immediately upon hire and in accordance with the Faculty Handbook.

Adjunct Faculty may use sick leave beginning on the 90^th day of employment or immediately upon hire if the 90 days have been previously met. An Adjunct Faculty use of paid sick days is limited to five (5) days or forty (40) hours in each fiscal year of employment

If the need for paid sick leave is foreseeable, the faculty member shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the faculty member shall provide notice of the need for the leave as soon as practicable to the Dean of Faculty.

For any questions regarding this policy, please contact the Human Resources Office at extension 18254 (909-621-8254) or hr@jmswierski.com.

Last Updated 1/1/24

Federal Family and Medical Leave Act (FMLA)

Note: This policy supersedes and replaces all prior federal family and medical leave related policies. Notwithstanding the above, an employee seeking leave benefits under this Policy must also satisfy all eligibility requirements as set forth below and required by applicable federal law. This Policy does not create any rights (contractual or otherwise) not already provided under federal, state or local law.

Under the Family and Medical Leave Act of 1993, as amended (“FMLA” or “the Act”), The College provides, as set forth below, unpaid family and medical leaves of absence to “eligible employees.”

FMLA leave may be taken for the following purposes:

the birth of an employee’s child or to care for the newborn child;
the placement of a child with the employee for adoption or state-approved foster care;
the care of an employee’s spouse, child or parent (“family member”) who has a serious health condition;
the employee’s serious health condition which prevents the employee from performing any one essential function of the employee’s position;
“qualifying exigency leave”: the employee’s responding or attending to a “qualifying exigency,” as defined below per applicable law, arising out of a covered military member’s covered active duty or notification of an impending call or order to covered active duty in the Armed Forces, National Guard or Reserves. A “covered military member” for purposes of this leave includes a spouse, son, daughter or parent of the employee; and
“covered servicemember leave”: the employee’s care of a “covered servicemember” who has incurred a serious illness or injury.

A “covered servicemember” means a member of the Armed Forces, National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in out-patient status, or is on the temporary disability retired list for serious injury or illness. Here a “serious injury or illness” is defined as an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank or rating.
A “covered servicemember” also includes a veteran who was a member of the Armed Forces (including National Guard or Reserves) at any point in time within five (5) years preceding the date on which the veteran undergoes medical treatment. For purposes of veterans, a “serious injury or illness” is defined as an injury or illness that was incurred by the veteran in line of duty on active duty in the Armed Forces (or existed before the active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and “that manifested itself before or after the member became a veteran.”

For purposes of family and medical leave, a “serious health condition” as set out in (3) and (4) above is defined as an illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Subject to certain conditions and applicable law, the continuing treatment requirement is met where an employee suffers an incapacity of more than three (3) consecutive, full calendar days and two (2) or more visits to a health care provider, or one (1) visit to a health care provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal care; a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment. For purposes of this policy, “incapacity” means the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment thereof or recovery therefrom.

For purposes of qualifying exigency leave, a “qualifying exigency” includes the following, provided the need for such leave arises out of the active duty or call to active duty status of a covered military member:

short-notice deployment where, if a covered military member is notified of an impending call or order to active duty in support of a contingency operation seven (7) or less calendar days prior to the date of deployment; leave based on this exigency is restricted to a total of seven (7) calendar days beginning on the applicable notification date;
military events and related activities sponsored by the military, including family support or assistance programs sponsored by the military, military service organizations or the American Red Cross;
childcare and school activities, where it is necessary to arrange for alternative childcare, provide childcare on an urgent or immediate need basis and not a routine or regular basis, enroll in or transfer to a new school or day care facility or attend meetings with school officials;
financial and legal arrangements to address the covered military member’s absence;
counseling of eligible individuals by someone other than a health care provider, where the need for counseling is directly related to the active duty or call to active duty status of a covered military member;
rest and recuperation, for purposes of spending time with a covered military member where that individual is on short-term, temporary, rest and recuperation leave during the period of deployment; up to five (5) days of such leave may be taken for each instance of rest and recuperation;
post-deployment activities, including attendance at arrival ceremonies, reintegration briefings and events, and other programs sponsored by the military for a period of ninety (90) days following the termination of the covered military member’s active duty and attending to issues that arise from the death of a covered military member; and
additional activities, provided that both the employee and Pitzer College agree that such activities constitutes a qualifying exigency and both agree to the timing and duration of the leave.

For purposes of covered servicemember leave, the employee seeking leave must be related to the covered servicemember as his/her spouse, son, daughter, parent or next of kin. “Next of kin,” for purposes of this policy, is defined as the nearest blood relative of a covered servicemember, other than the covered servicemember’s spouse, parent, son or daughter, in the following order of priority: blood relatives with legal custody, siblings, grandparents, aunts and uncles, and first cousins, and that person is needed to care for the covered servicemember. A veteran is “a person who served in the active military, Naval or Air Service, and who was discharged or released therefrom under conditions other than dishonorable.”

Eligible Employee

An active full-time or part-time employee is eligible for FMLA leave under any of the above leave categories provided that on the date the employee’s leave is to commence:

The employee has been employed for at least twelve (12) months in the preceding seven (7) years; and
The employee has worked 1,250 hours during the 12-month period immediately preceding the commencement of leave.

In determining FMLA eligibility, an employee re-employed following military service will be given credit for (i) the period of uniformed service towards the months-of-employment eligibility requirement, and (ii) the hours of service that would have been performed but for the period of uniformed service.

Length of Family and Medical Leave and Qualifying Exigency Leave

An eligible employee is entitled to a combined total of twelve (12) workweeks of unpaid leave within a 12-month period. The amount of leave available to an employee will be calculated by looking backward at the amount of leave taken within the 12-month period immediately preceding the first date of leave. Leave taken for the care of a newborn child or placement for adoption or foster care must be taken within twelve (12) months of the birth or placement of the child. The leave may be taken as an uninterrupted, continuous leave of absence or as an intermittent leave or a reduced schedule for these reasons.

If both a husband and wife are employed by the College, and are eligible for leave, except for leave due to the serious health condition of the employee or employee’s child, the two (2) may take a combined total of twelve (12) weeks.

Intermittent leave or a reduced schedule may be approved for the employee’s serious health condition or a family member’s serious health condition where medically necessary and where the need for such leave is best accommodated through such scheduling. Intermittent leave or a reduced scheduled leave is also available for qualifying exigency leave. An employee requesting intermittent leave/reduced schedule may be transferred temporarily to an available alternative position with equivalent pay and benefits, or to a part-time position with an equivalent hourly rate and benefits, if such a position better accommodates the need for intermittent leave/reduced schedule.

These types of leave run concurrent with other leave entitlements provided under federal, state and local law to the extent covered and permitted by those laws.

Length of Covered Servicemember Leave

An eligible employee is entitled to a combined total of twenty-six (26) workweeks of unpaid leave within a single 12-month period for covered servicemember leave. Leave to care for an injured or ill servicemember, whether or not combined with other FMLA-qualifying leave, may not exceed twenty-six (26) weeks in a single 12-month period. In that single 12-month period, the employee is entitled to no more than twelve (12) weeks of leave for any of the other types of FMLA leaves. If both a husband and wife are employed by the College, and are eligible for covered servicemember leave, the two (2) may take a combined total of twenty-six (26) weeks. Intermittent leave or a reduced schedule may be approved for covered servicemember leave where medically necessary and where the need for such leave is best accommodated through such scheduling. An employee requesting intermittent leave/reduced schedule leave may be transferred temporarily to an available alternative position with equivalent pay and benefits, or to a part-time position with an equivalent hourly rate and benefits, if such a position better accommodates the need for intermittent leave/reduced schedule leave.

Covered servicemember leave runs concurrent with other leave entitlements provided under federal, state and local law to the extent covered and permitted by those laws.

Substitution of Paid Leave

Family/medical leave is unpaid. However, the employee may use his/her accrued vacation or other personal time while on a family medical leave. If the employee is on leave due to his/her own illness, the employee must use available paid sick leave in lieu of unpaid leave status. Vacation, sick days, and other personal time will not accrue while the employee is on a leave.

Any family and medical leave, qualifying exigency leave, whether paid, unpaid or a combination thereof, will be counted toward the 12-week leave entitlement. Any covered servicemember leave, whether paid, unpaid or a combination thereof, either taken by itself or together with any other family and medical leave and/or qualifying exigency leave, whether paid, unpaid or a combination thereof, will be counted toward the 26-week leave entitlement.

Employee Notification Requirements

If the need for a leave is foreseeable, the employee must provide 30 days’ written notice of the need for the leave. If the need for a leave is not foreseeable, or if it is otherwise not possible to provide 30 days’ notice, notice must be provided as soon as practicable.

Medical Certification

In order to be granted FMLA leave, the employee must provide certification to the CUC Disability Office from the appropriate health care provider:

If the leave is needed to care for an ill family member or for a covered servicemember, the certification must contain the following information: (i) date of commencement of the serious health condition; (ii) probable duration of the condition; (iii) estimated amount of time the employee will be needed to provide care; and (iv) that the serious health condition warrants the participation of a family member to provide care. If additional information is required by the College in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.”

If the leave is needed for the employee’s own serious health condition, the certification must contain the following information: (i) date of commencement of the serious health condition; (ii) probable duration of the condition; and (iii) that the employee is unable to perform the function of his/her position because of the serious health condition or must be absent from work for medical treatment. If additional information is required by the College in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.”

Failure to provide timely and complete medical certification may result in denial of a family/medical leave.

If the leave is due to the employee’s own illness, Pitzer College may require the employee to obtain a second medical certification from a health care provider selected by the College. In the event the first and second opinions differ, Pitzer College may require the employee to obtain a third medical certification from a mutually agreed upon health care provider. The third opinion will be binding on the employee and on Pitzer College. The second and third medical opinions, if required by the College, will be at Pitzer’s expense.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of employees or their family members. In order to comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. `Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”

“Qualifying Exigency” Leave Certification

An employee who takes a qualifying exigency leave must submit to the Human Resources office written certification of an impending call or order to covered active duty within fifteen (15) calendar days of the request to provide the certification. An employee seeking such leave will be asked to submit a certification form detailing the reason(s) for the leave. An employee may also be required to submit appropriate supporting documentation in the form of a copy of the covered military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status. Failure to supply the requested certification or other papers may result in a delay or denial of the requested leave, and time off taken by the employee will be subject to the Attendance and Absenteeism policy, with violation of the same resulting in possible disciplinary action, up to and including termination.

Reinstatement upon return from a FMLA Leave

An employee who is on approved FMLA leave is expected to return to work upon release by the appropriate health care provider, whether or not the periods of time permitted under FMLA have expired.

If the leave was for the employee’s own health condition, then prior to returning to work, the employee must provide the Pitzer Human Resources Office with a signed note from her/his medical provider indicating that the employee is cleared to return to work.

An employee who does not return when released by the medical provider, will be considered to have voluntarily resigned and will be terminated from employment.

With some exceptions, an employee who returns from an approved FMLA leave on or before the expiration of the period of time required by law, will be restored to the same or an equivalent position. If, however, due to business reasons, the same or equivalent position ceased to exist during the employee’s leave, and, had the employee not taken the leave, the employee would not otherwise have been employed at the time reinstatement is requested, the College may not be required to reinstate the employee. In certain circumstances, the College may deny reinstatement to an employee, who is among the highest paid 10 percent of the employees working for Pitzer within 75 miles of the employee’s worksite, if necessary to prevent substantial and grievous economic injury to the employer’s operation.

Benefit Continuation

Pitzer College will continue the employee’s medical/dental coverage while the employee is on family/medical leave under the same terms and conditions as was provided while the employee was working. The employee is responsible for the same premiums for her/his medical/dental coverage as if he/she were at work. If the employee is on an unpaid leave of absence, or is receiving insufficient pay while on leave, she/he will need to make arrangements with the CUC Benefits Specialist to pay for his/her portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of medical/dental coverage.

If the employee fails to return from the leave, or returns to work for less than 30 days, the College may recover from the employee, the premiums it paid for maintaining medical coverage during the leave period.

Certain “key employees” as defined under the FMLA may not be eligible to be restored to the same or an equivalent position after leave if doing so would cause substantial and grievous economic injury to the operations of the assigned company. The College will notify such employees of their “key employee” status and the conditions under which job restoration will be denied, if applicable.

FMLA Leave and Short-Term Disability (VDI)

FMLA leave is considered to run concurrently with short-term disability periods (other than those that qualify for California Pregnancy Disability Leave). Available sick leave must be coordinated with Short-Term Disability (VDI benefits) to approximate regular wages. Available vacation and/or personal holiday benefits may be coordinated with VDI benefits at the employee’s option.

Positions may be held open for up to four months during a disability leave. If a disability lasts for more than four months Pitzer is not obligated to hold the position open. The four-month period will run concurrent with the FMLA period. The four-month period is available on one occasion per year and commences on the same continuing period from the beginning of the medical leave. Should the supervisor need to fill a position after the four-month period expires, the employee will be notified. Elected benefits may be continued by contacting the Benefits Office to make the appropriate arrangements.

FMLA Leave and Workers Compensation Disability

FMLA/CFRA leave is considered to run concurrently with Workers Compensation disability periods. Available sick leave must be coordinated with Workers Compensation benefits to approximate regular wages. Accrued vacation and/or personal holidays may be coordinated at the employee’s option.

After one year of being continuously off work, the College will evaluate whether the employee is likely to return to work and whether the College can continue to hold the position open, based on its bona fide business needs and whether to do so would result in an undue hardship. If the College believes that the position can no longer be held open, the College will contact the employee and attempt to determine whether there is some other reasonable accommodation which would enable the employee to return to work in their former position or another vacant position. If the position cannot be held open and there is no other reasonable accommodation that will enable the employee to return to work, employment with the College will be terminated. This determination will be made on a case by case basis.

Temporary Modified Duty and/or Regular Alternative Work

Pitzer College is committed to providing work, when possible, for employees who have been restricted by a physician due to a work-related injury or illness. Such work will be provided when possible. Work will be assigned in accordance with the limitations set forth by the treating physician. Every effort will be made to place the employee in a position within their own department, but, if necessary, an employee will be placed wherever an appropriate position is available.

FMLA Leave – Non-Disability

When an FMLA leave is taken for the birth (when not eligible for Pregnancy Disability Leave) or adoption of a child, placement of a foster child, or care of a child, spouse or parent with a serious health condition, the employee may, at her/his option, use accumulated vacation and personal holidays. In addition, the employee may use up to six days of accumulated sick leave each year for the care of an ill spouse, child or parent. Other than these six days, the employee may not use accumulated sick leave during a non-disability FMLA leave.

Last updated: 6/1/12

Family and Medical Leave Under the California Family Rights Act (CFRA)

NOTE: This Policy supersedes and replaces all prior combined federal and state and state-specific family and medical leave related policies with respect to leaves sought under the California Family Rights Act (“CFRA”) or California’s Pregnancy Disability Leave (“PDL”) law. Notwithstanding the above, an employee seeking leave benefits under this Policy must also satisfy all eligibility requirements as set forth below and required by applicable state law. This Policy does not create any rights (contractual or otherwise) not already provided under federal, state or local law.

Under the California Family Rights Act (“CFRA”), Pitzer College grants “eligible employees,” as defined below, family and medical leave for:

the birth of an employee’s child or to care for the newborn child;
the placement of a child with the employee and/or the employee’s registered domestic partner for adoption or state-approved foster care to care for or bond with the child;
the care of an employee’s spouse, child (all ages), parent, registered domestic partner, child or foster child of a registered domestic partner, grandparent, grandchild or sibling (“immediate family member”) who has a serious health condition;
the employee’s serious health condition which prevents the employee from performing any one essential function of the employee’s position;
the birth of a registered domestic partner’s child or to care for such newborn child.
for “a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the Unemployment Insurance Code.”

A “serious health condition” as set out in (3) and (4) above, is defined as an illness, injury, impairment, or, physical or mental condition that involves either inpatient care or continuing treatment by a health care provider; provided, however, that pregnancy-related illnesses, health conditions or disabilities are not included in the definition of serious health condition under the CFRA; such conditions are covered instead under California Pregnancy Disability Leave (“PDL”) leave (see below) and/or leave under the Family and Medical Leave Act (“FMLA”), where applicable.

Eligible Employee

An active full-time or part-time employee is eligible for CFRA leave under any of the above leave categories provided that on the date the employee’s leave is to commence:

The employee has been employed by the College for at least twelve (12) months; and
The employee has worked 1,250 hours during the 12-month period immediately preceding the commencement of leave.

Length of Leave

An eligible employee is entitled to a total of twelve (12) weeks of unpaid leave within a 12-month period. The amount of leave available to an employee will be calculated by looking backward at the amount of leave taken within the 12-month period immediately preceding the first date of leave. Leave taken for the care of a newborn child or placement for adoption or foster care must be taken within twelve (12) months of the birth or placement of the child and it must also be taken as an uninterrupted, continuous leave of absence unless the College allows intermittent leave or reduced schedule for these reasons. CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two (2) weeks. The College, however, will grant a request for a CFRA leave (for birth/placement of a child) of less than two (2) weeks duration on any two (2) occasions. If both parents of a new child work for the same employer, each parent is entitled to up to 12 weeks of leave.

Intermittent leave or a reduced schedule may be approved for the employee’s serious health condition or an immediate family member’s serious health condition where medically necessary and where the need for such leave is best accommodated through such scheduling. An employee requesting intermittent leave/reduced schedule may be transferred temporarily to an available alternative position with equivalent pay and benefits, or to a part-time position if such a position better accommodates the need for intermittent leave/reduced schedule.

Leaves taken under the CFRA run concurrent with other leave entitlements provided under federal, state and local law to the extent covered and permitted by those laws, with the specific exception of leave taken under the Family and Medical Leave Act for disability on account of pregnancy, childbirth or related medical conditions. Additional exceptions of leave running concurrently to care for a domestic partner, grandparent, grandchild or sibling (not covered by FMLA), and caretaker leave in certain circumstances.

Substitution of Paid Leave

Medical Certification

In order to be granted CFRA leave, the employee must provide certification to the TCCs Disability Office from the appropriate health care provider:

If the leave is needed to care for an ill family member, the certification must contain the following information: (i) date of commencement of the serious health condition; (ii) probable duration of the condition; (iii) estimated amount of time the employee will be needed to provide care; and (iv) that the serious health condition warrants the participation of a family member to provide care. If additional information is required by the College in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.”

Failure to provide timely and complete medical certification may result in denial of a family/medical leave.

If the leave is due to the employee’s own illness, the College may require the employee to obtain a second medical certification from a health care provider selected by the College. In the event the first and second opinions differ, the College may require the employee to obtain a third medical certification from a mutually agreed upon health care provider. The third opinion will be binding on the employee and on the College. The second and third medical opinions, if required by the College, will be at the College’s expense.

Reinstatement upon return from CFRA Leave

An employee who is on approved CFRA leave is expected to return to work upon release by the appropriate health care provider, whether or not the periods of time permitted under CFRA have expired.

An employee who does not return when released by the medical provider, will be considered to have voluntarily resigned and will be terminated from employment.

With some exceptions, an employee who returns from an approved CFRA leave on or before the expiration of the period of time required by law, will be restored to the same or an equivalent position. If, however, due to business reasons, the same or equivalent position ceased to exist during the employee’s leave, and, had the employee not taken the leave, the employee would not otherwise have been employed at the time reinstatement is requested, the College may not be required to reinstate the employee.

Benefits during CFRA Leave

The College will continue the employee’s medical/dental coverage while the employee is on family/medical leave under the same terms and conditions as was provided while the employee was working. The employee is responsible for the same premiums for her/his medical/dental coverage as if he/she were at work. If the employee is on an unpaid leave of absence, or is receiving insufficient pay while on leave, she/he will need to make arrangements with the CUC Benefits Specialist to pay for his/her portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of medical/dental coverage.

CFRA Leave and Short-Term Disability (VDI)

CFRA leave is considered to run concurrently with short-term disability periods (other than those that qualify for California Pregnancy Disability Leave). Available sick leave must be coordinated with Short-Term Disability (VDI benefits) to approximate regular wages. Available vacation accruals may be coordinated with VDI benefits at the employee’s option.

Positions may be held open for up to four months during a disability leave. If a disability lasts for more than four months the College is not obligated to hold the position open. The four-month period will run concurrent with the CFRA period. The four-month period is available on one occasion per year and commences on the same continuing period from the beginning of the medical leave. Should the supervisor need to fill a position after the four-month period expires, the employee will be notified. Elected benefits may be continued by contacting the Benefits Office to make the appropriate arrangements.

CFRA Leave and Workers Compensation Disability

CFRA leave is considered to run concurrently with Workers Compensation disability periods. Available sick leave must be coordinated with Workers Compensation benefits to approximate regular wages. Accrued vacation may be coordinated at the employee’s option.

Temporary Modified Duty and/or Regular Alternative Work

The College is committed to providing work, when possible, for employees who have been restricted by a physician due to a work-related injury or illness. Such work will be provided when possible. Work will be assigned in accordance with the limitations set forth by the treating physician. Every effort will be made to place the employee in a position within their own department, but, if necessary, an employee will be placed wherever an appropriate position is available.

CFRA Leave – Non-Disability

When a CFRA leave is taken for the birth (when not eligible for Pregnancy Disability Leave) or adoption of a child, placement of a foster child, or care of a child, spouse or parent with a serious health condition, the employee may, at her/his option, use accumulated vacation. In addition, the employee may use up to six days of accumulated sick leave each year for the care of an ill spouse, child or parent. Other than these six days, the employee may not use accumulated sick leave during a non-disability CFRA leave.

Last updated: 01/01/2020

Federal Families First Coronavirus Response Act

Click to view the Federal Families First Coronavirus Response Act (FFCRA) information from the Department of Labor.

Excerpt from the Department of Labor:

Eligible Employees: All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.[2]

Notice: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving paid sick time.

Qualifying Reasons for Leave

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
has been advised by a health care provider to self-quarantine related to COVID-19;
is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Duration of Leave

For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

Calculation of Pay:[3]

For leave reasons (1), (2), or (3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).

For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).

For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). [4]

[1] Certain provisions may not apply to certain employers with fewer than 50 employees. See Department FFCRA regulations (expected April 2020).

[2] Under the Act, special rules apply for Health Care Providers and Emergency Responders.

[3] Paid sick time provided under this Act does not carryover from one year to the next. Employees are not entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment.

[4] An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.

Pregnancy Disability Leave (PDL) of California

In accordance with federal and California law, female employees may be eligible for unpaid pregnancy disability leave while unable to work due to pregnancy, childbirth or related medical conditions. A female employee is disabled by pregnancy if, in the opinion of her health care provider, she is unable because of pregnancy, childbirth or a related medical condition to perform one or more of the essential functions of her job, or to perform those functions without undue risk to herself, the successful completion of her pregnancy, or to other persons. A physician will determine the duration of a pregnancy disability leave, but the leave is not to exceed the maximum of four months allowed by law. (Also refer to Pitzer’s Primary Caretaker Leave policy in the appendix of this handbook.)

Employees must provide at least 30 days’ advance notice before pregnancy disability leave is to begin if the need for the leave is foreseeable. If the need for a pregnancy disability leave is not foreseeable, employees must give notice as soon as practicable.

Employees who are disabled due to pregnancy may be transferred to a less strenuous position provided that: (1) the employee requests a transfer; (2) the transfer is medically necessary; and (3) the College can reasonably accommodate the transfer.

An employee who requests a pregnancy disability leave must provide a medical certification from her attending physician. The certification must include the first date of disability and the estimated duration of the disability. This certification must also contain a statement that the disability renders the employee unable to perform one or more of the essential functions of the position. If additional information is required by the College in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.” A physician’s statement that the employee is able to return to work at the end of the leave is required. Failure to return to work at the end of a pregnancy disability leave will be considered a voluntary resignation of employment.

Available sick leave must be used and coordinated with short-term disability (VDI) benefits. Vacation and/or personal holidays may be coordinated with VDI benefits at the employee’s option.

The College will continue the employee’s medical/dental coverage while the employee is on Pregnancy Disability Leave under the same terms and conditions as was provided while the employee was working. The employee is responsible for the same premiums for her medical/dental coverage as if she were at work. If the employee is on an unpaid leave of absence, or is receiving insufficient pay while on leave, she will need to make arrangements with the CUC Benefits Specialist to pay for her portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of medical/dental coverage.

To the extent required by applicable law, The College will reinstate an employee returning from a pregnancy disability leave that did not exceed her approved leave period, or four months, whichever is shorter, to the same position or to a comparable position.

Last updated: 6/1/12

Relationship Between the Pregnancy Disability Leave and Family Medical Leave Under FMLA and CFRA

Leave from work because of an employee’s disability due to pregnancy, childbirth or related medical condition is not counted as time used for CFRA leave, but is counted as time used for FMLA leave. Pregnant employees may also have the right to take a pregnancy disability leave (PDL) under state law in addition to family or medical leave under the FMLA (see Pregnancy Disability Leave section below). An employee who qualifies for and exhausts their PDL leave and related pregnancy disability leave under the FMLA also is entitled to twelve (12) weeks of CFRA (care of newborn child) unless the employee has not given birth or the other parent is also an employee of the College and has already exhausted their CFRA leave (please refer to “Length of Leave” section above).

Last updated: 6/1/12

Primary Caretaker Leave Policy for Staff

Purpose/Overview: This primary caretaker leave policy is designed to provide time off with pay to regular staff employees who are responsible for the primary care of a child immediately following birth or adoption or the placement of a foster child. The maximum duration of this leave is 18 weeks in any twelve-month period and no more than one leave per child.

It is expected that the employee taking this leave will return to work at Pitzer College after the end of the leave. If the employee does not return to work after the leave and work at least six (6) months after the return date, the employee will be responsible for reimbursing the College the salary received during the leave. The employee will be required to sign an agreement accepting responsibility for such repayment prior to taking the leave.

Details of the leave will be arranged by the immediate supervisor so as to minimize disruption to the department’s responsibilities, with final review and approval by the Director of Human Resources to ensure compliance with this policy and applicable regulations.

Definitions

Primary Caretaker: A primary caretaker is defined as the person who assumes the principal role of caretaker during the period of the leave.

Regular staff employee: an employee of the College in a non-academic, on-going position. Referred to here forward as “employee”.

Immediate supervisor: refers to the administrator to whom the employee is directly accountable. Referred to here forward as “supervisor”.

Procedure/Policy

Eligibility: Available to all regular staff employees working at least 20 hours per week, after completing one year of service. Temporary employees are not eligible. If both parents are employed by Pitzer they are jointly eligible for one 18-week period. Either parent may request the leave or they may choose to split the 18-week period, (i.e. one parent uses 12 weeks and returns to work, then the other parent uses the remaining 6 weeks).

This policy exceeds both federal and state requirements for employers to provide up to 12 weeks of unpaid Family Medical Leave in any twelve-month period, in connection with the birth or adoption of a child, to employees with 12 months of employment and at least 1,250 hours of service worked.

Notification: In order to facilitate adequate planning, the staff member will notify her/his supervisor as soon as possible to request the leave. The supervisor will inform and consult with the Director of Human Resources on all requested leaves.

Leave Requirements: The leave requires the use of the employee’s available balances of vacation, personal and sick time for the duration of the leave. The employee will be paid according to leave option selected (see options below), even if the employee has no available balances of sick, vacation or personal time, or if the balances run out during the leave.

For birth mothers, available balances will be coordinated with short-term disability while under a physician’s care and a reserve of up to five (5) sick days may be saved in her balance. In the event of a difficult pregnancy and a need for early departure, disability pay will be used and leave arrangements will be negotiated with the supervisor and the Director of Human Resources.

The start date for the leave is assumed to be near the child’s date of birth or dateof placement in the case of adoption.

Leave Options: The employee may select either option 1 or 2 below.

Option 1: 18 Weeks at 75% Pay: The employee will receive 75% of his/her regular salary for a period of 18 weeks.

Option 2: 6 Weeks at 100% Pay: The employee will receive 100% of his/her regular salary for a period of 6 weeks. The employee may request an additional 6 weeks of unpaid leave in accordance with federal and state regulations regarding Family Medical Leave.

Temporary Replacements: Supervisors may replace up to 75% time when needed. For example, 6 hours per day for 18 weeks; 8 hours a day for 13 weeks; or 30 hours per week instead of 40. Supervisors will keep in mind that savings incurred by one department may help cover costs in another and will work with the Director of Human Resources in determining replacement wages. Option 1 provides 25% salary savings, and in the case of birth mothers an additional amount as covered by short-term disability. Option 2 provides savings only in the case of birth mothers while they are on short-term disability. It is expected that a temporary employee will be hired at a lower pay rate than the employee on leave. Efforts will be made to equalize replacement costs with savings.

Last updated: 9/9/15

Primary Caretaker Leave Policy for Faculty

Purpose: The primary caretaker leave policy is designed to provide partial paid time off for faculty members in the first six months after the birth or adoption of a child. The maximum duration of the compensated leave is one semester. It is expected that the faculty member receiving a primary caretaker leave will return to teach at Pitzer College in the semester following the leave. If the faculty member does not return to teach after the leave, that faculty member will be responsible for reimbursement to the college of the leave semester salary. The faculty member will be required to sign an agreement accepting responsibility for such repayment prior to taking the leave. In the case of circumstances beyond a faculty member’s control, the requirement of repayment will be waived. Details of the leave should be arranged so as to minimize disruption to the academic program (see notification section below).

Definition: A primary caretaker is defined as the person who assumes the principal role of caretaker during the period of the leave.

Eligibility: Available to all full-time faculty members on tenure-track or tenured appointments, after completing one year of service. Female or male faculty members may apply. The person taking the leave must be the only primary caretaker, and if both parents are employed by Pitzer they are eligible for one leave period, which may be shared, or used by either parent. The person applying for the leave must apply in writing to the Dean.

Notification: In order to facilitate adequate planning, the faculty member should notify the Dean of Faculty as soon as possible to arrange for the appropriate leave. The leave is arranged between the Dean and the faculty member to determine the best type of leave, or most appropriate semester to be designated for the leave, based on the timing of the birth or adoption. The following guidelines will inform these discussions. The Dean will keep the Faculty Executive Committee informed about the details of all requested leaves.

Guidelines for Choosing a Leave Option

The faculty member may select option 1 or 2 below, with option 3 available if a continuation of the leave is desired.

A full, 2-course, semester’s leave would be compensated at three-fourths of the faculty member’s semester salary with full benefits. The Academic Retirement Plan benefit would be based on actual salary paid during that semester.
A six-week leave would be compensated at a faculty member’s full salary with full benefits. The six-week leave would be coordinated with the short-term disability program (VDI) when appropriate. (Neither adoptive parents nor males are covered by the short-term disability program.)
Unpaid Leave: The College will also consider requests for an unpaid leave that would extend beyond the semester of the compensated leave.

Contract Renewal, Promotion and Tenure: Faculty members may request that the leave semester not be counted in the number of semesters of College employment prior to a contract renewal, tenure or promotion review. The faculty member will not receive credit toward a sabbatical leave during a primary caretaker leave.

Last updated: 9/9/15

Personal Leave of Absence

Leaves of absence for personal reasons may, at the College’s sole discretion, be granted for such purposes as career development, public service, or special family needs. In some cases, it is possible to grant a leave and to hold the position open for the employee’s return. In other cases, it is not possible to hold the position open. There is no guarantee that the employee will be returned to her/his former position. It is important that the supervisor and employee discuss a request for personal leave and that it is clearly understood whether or not the position will be held open for the employee’s return. Each request is considered on its own merit and must meet the following conditions:

An employee must be on regular status and must have completed at least one year of continuous service.
The employee’s supervisor and the College’s Director of Human Resources must approve the request for leave. Consideration will be given to the employee’s reason for requesting the leave and the effect of the employee’s absence on the operation of the department and/or college.
The maximum duration of a personal leave is one year. Leaves of absence for a period longer than 30 days normally are granted only to employees who have completed at least two years of continuous service.
A leave of absence will not be granted to an employee who has accepted employment elsewhere. If an employee on leave accepts employment elsewhere, the leave and employment at the College will be terminated immediately.
Failure to return to work at the end of a leave will be considered a voluntary resignation of employment.
When a leave is granted, there is no break in service. Employee benefits are discontinued during periods of leaves of absence for personal reasons.

Last updated: 6/1/12

Return to Work Policy

Purpose/Overview: Pitzer College (“the College”) has instituted a return-to-work program to offer employees who are recovering from a work-related injury or illness the opportunity to resume work as soon as they are able in accordance with restrictions prescribed by the employee’s treating provider. The program‘s goal is to identify temporary work assignments that will facilitate an employee’s transition to regular duties.

This “return-to-work” program shall not be construed as recognition by Pitzer’s administration, or its employees that any employee who participates in the program has a disability as defined by the Americans with Disabilities Act (ADA) of 1990 and/or California Fair Employment Housing Act (FEHA). If an employee sustains an injury or illness that results in a disability under the ADA/FEHA, it is the employee’s responsibility to inform his or her supervisor or the Director of Human Resources when an employee has a disability as defined by ADA/FEHA and that a reasonable accommodation is necessary to perform the essential functions of his or her job.

Eligibility: Employees who sustain a work-related injury or illness are eligible to participate in the Return-to-Work Program when their treating provider releases the employee to active employment subject to temporary work restrictions or limitations. The treating provider must give a clear and complete written description of the restrictions so as to enable the College to consider the feasibility of a temporary assignment within the College. An employee no longer qualifies to participate in the Return-to-Work program if the employee’s medical condition becomes “permanent” (a duration of twelve months or longer).

Nothing in this Policy entitles an employee to a temporary work assignment. These assignments are temporary; such assignments do not create an entitlement to the position to which the employee is temporarily assigned. The College reserves the right to reassess, modify and/or eliminate the temporary assignment at its sole discretion. This is not an employment contract and does not entitle an employee to employment for any period of time. Employees continue to be employed “at-will”, which means that his/her employment may be terminated at any time, with or without notice, and with or without cause, at the discretion of the College or Employee.

Definitions

Regular staff employee: an employee of the College in a non-academic, on-going, non-temporary position. Referred to as “employee”.

Immediate Supervisor: refers to the administrator to whom the employee is directly accountable. Referred to as “supervisor”.

Temporary Assignment: A temporary assignment may be a modification to an employee’s current job duties that accommodate the employee’s restrictions or alternative work either in the employee’s department or elsewhere on Campus. A temporary assignment should be productive and consist of needed functions and be structured to adhere to an employee’s medical restrictions. The College cannot guarantee that an assignment will be scheduled during the employee’s regular work hours or in the employee’s department or for the same number of total hours worked in employee’s regular assignment. No overtime is allowed for temporary assignments.

Length of Assignment: An employee may initially participate in the Return-to-Work Program for up to 90 days. An assignment may be extended for up to a total of 12 months when it is determined that the additional time would facilitate the employee’s return to full regular duties and there is no adverse impact on College operations. The length of a temporary work assignment may be shorter if the College determines that the employee’s restrictions cannot be reasonably accommodated or if the employing department/institution/treating provider determines that continuation of the assignment is not feasible, for any reason, including a determination that the job duties exceed the employee’s work restrictions or that the temporary assignment no longer exists.

Rate of Pay: Based on the nature of the temporary assignment, an employee who participates in the program may be offered up to his/her regular hourly rate/monthly salary but no less than 85% of the employee’s regular rate/salary.

Procedure/Policy

Once an employee has been approved to return to work subject to restrictions, the College will determine if a temporary assignment is feasible and available based on the limitations and restrictions outlined by the treating provider to the Workers’ Compensation and Disability Administration Office. The Human Resources Office will contact the employee to ascertain the employee’s qualifications for temporary assignment. The identification of a temporary assignment will be made collaboratively and involve the College’s Human Resources Office, the employee’s supervisor/department, and the Workers’ Compensation and Disability Administration Office.

The College will contact an employee by phone to offer a temporary assignment and will send the employee a letter describing the temporary assignment, its location, work schedule and rate of pay. The employee must comply with all organizational policies, procedures, and the requirements of the temporary work assignment for the duration of the assignment. The assignment may or may not be within the employee’s home department, or during their regular scheduled work hours.

After the written offer of temporary assignment is extended, the employee will have 72 hours to respond to the offer. When a temporary assignment is identified that meets the employee’s restrictions, the employee is required to accept the assignment or risk loss of workers’ compensation insurance benefits.

The Human Resources Department is responsible for communicating with the Workers’ Compensation and Disability Administration Office regarding an employee’s work status.

Last updated: 6/1/12

Bereavement Leave

Regular full-time and part-time employees may be excused for up to three days with pay, following the death of a:

Child, including grandchild or stepchild;
Current spouse or domestic partner or his/her child;
Parent, including grandparent, step-parent or in-law;
Brother or sister, including step-brother or step-sister or in-law; or
Any other person living in the employee’s immediate household.

Regular full-time and part-time employees may be excused for an additional two days, without pay, for bereavement leave. Employees may use other available paid time off such as vacation time or sick leave during their unpaid leave.

Employees in temporary, interim, or on-call positions, who have been employed for 30 days, may be excused for up to five days without pay for bereavement leave. Employees may use other available paid time off such as vacation time or sick leave during their unpaid leave.

Whenever possible, arrangement for such an absence should be made in advance with your supervisor. You may be required to furnish satisfactory evidence to support the bereavement leave.

Reproductive Loss Leave

Employees, who have been employed for 30 days, may be excused for up to five days without pay, when they suffer a reproductive loss event, of one of the following: failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.

Employees may use other available paid time off such as vacation time or sick leave during their unpaid leave. Employees may complete their reproductive loss leave within three months of the end of any other leave entitlement (e.g. PDL, CFRA, etc.).

Last updated: 1/1/24

Bone Marrow Donation Leave

Employees may take up to five (5) days of paid leave annually to donate bone marrow. The leave can be taken intermittently if needed. Employees will be required to use accrued sick or vacation time during the leave. Certification from a medical provider will be required. Vacation and sick time will continue to accrue during the leave and employees will be returned to the same or equivalent position upon their return.

Last updated: 6/1/12

Domestic Violence or Sexual Assault Leave

An employee who is a victim of domestic violence will be granted leave from work to:

seek medical attention for injuries caused by domestic violence or sexual assault;
obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault;
obtain psychological counseling related to an experience of domestic violence or sexual assault; or
participate in safety planning and take other actions to increase safety from future domestic violence or sexual assault including temporary or permanent relocation, in accordance with state law.

Leave will be granted provided that the employee gives the employer reasonable advance notice of the employee’s intention to take time off unless advance notice is not feasible. When an unscheduled absence occurs, the College shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the College, including the following:

a police report indicating that the employee was a victim of domestic violence or sexual assault;
a court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee appeared in court; or
documentation from a medical professional, domestic violence advocate, advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence or sexual assault.

An employee may use accrued unused vacation or personal leave and paid time off before continuing leave on an unpaid basis.

To the extent allowed by law, the College shall maintain the confidentiality of any employee requesting domestic violence leave.

Last Updated: 6/1/15

Jury Duty and Witness Leave

It is the policy of Pitzer College to grant to regular* employees paid leave for up to ten (10) days of jury service or to serve as a witness, when summoned by a court. Upon receipt of a proposed juror questionnaire or summons to serve as a witness, notify your immediate supervisor. If you are required to report for jury duty or to serve as a witness, you must provide documentation from the court of your participation and you will continue to receive your salary for the period of the court proceedings up to the 10-day period. During your leave, you will continue to accrue those benefits (such as vacation and sick time), if any, to which you were entitled before your leave began. In addition, during the leave, Pitzer will continue to make those benefit contributions, if any, that it was making before the leave began.

* “Regular” employees excludes student, temporary, on-call and interim employees.

Last updated: 11/27/18

Military Duty Leave

Staff employees who must fulfill a military obligation, either by active duty or training, shall, by law, be granted military duty leave without pay. Upon return, the employee will be reinstated, if possible, to his/her former position or to a comparable one with no loss of seniority.

An employee, who is called to temporary duty in a reserve unit of the U.S. Armed Forces, will be granted the necessary leave without pay. Before going on military leave, the employee must notify her/his supervisor, the Pitzer Director of Human Resources and the CUC Benefits Specialist. During the first 30 days of Military Duty Leave, the employee will continue to accrue those benefits (such as vacation, holidays and sick time), if any, to which entitled before the military leave began. In addition, during the approved military leave, the College will continue the same medical and dental benefit contributions, if any that it was making on the employee’s behalf before the military leave began. The employee on military leave must make arrangements with the CUC Benefits Specialist to continue to pay her/his premiums while on leave, otherwise coverage will stop.

In accordance with California law, a member of the National Guard or Reserves is entitled to a temporary leave of absence without pay, not to exceed 17 days annually, for required training or similar duty. If you require time off for this purpose, inform your supervisor and the Pitzer Human Resources Office.

Last updated: 6/1/12

Military Leave of California

An employee is eligible to take leave under California Family Leave law for spouses of military members, if he or she works an average of twenty (20) or more hours per week and is a spouse or registered domestic partner of a “qualified” member of the military. The employee will be granted up to ten (10) days of unpaid family military leave during a “qualified leave period.” A “qualified leave period” means the period during which the qualified military member is on leave from deployment during a period of military conflict.

The employee must provide notice of his or her intention to take leave within two (2) business days of receiving official notice that the military spouse will be on leave from deployment. The employee may be required to submit certification from the proper military authority to verify the employee’s eligibility for the family military leave requested.

Last updated: 6/1/15

Organ Donor Leave

Employees may take up to thirty (30) days of paid leave annually to donate an organ. The leave can be taken intermittently if needed. Employees will be required to use accrued sick or vacation time during the first two weeks of the leave. Certification from a medical provider will be required. Vacation and sick time will continue to accrue during the leave and employees will be returned to the same or equivalent position upon their return.

Last updated: 6/1/12

School or Day Care Activity Leave

An employee who is the parent or guardian or grandparent of a child in kindergarten or grades one (1) through twelve (12), or of a child attending a licensed day care facility, may take up to forty (40) hours of leave per calendar year for the purpose of participating in activities of the school or licensed day care facility. This leave is limited to no more than eight (8) hours per calendar month. Prior to taking school or day care activity leave, employees must give reasonable advance notice to their supervisor of the need for the leave.

Employees taking school or day care activity leave shall utilize any accrued vacation. If no paid leave is available, the employee may take the time off without pay. Employees shall be required to submit documentation from the school or licensed day care facility as proof that the employee did attend the school or day care activity on a specific date and time.

Last updated: 6/1/12

Victims of Crime Leave

All employees who are victims of a violent or serious felony, or felonious theft or embezzlement are eligible for leave in order to attend judicial proceedings related to that crime. Immediate family members, registered domestic partners, and children of registered domestic partners of a victim of such crimes are similarly eligible. An “immediate family member” for purposes of this policy is a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.

You must give advance notice to your supervisor, if feasible, with appropriate documentation. If notice is not feasible, or an unscheduled absence does occur, you must provide appropriate documentation substantiating the need for leave within a reasonable time after the absence. Such documentation includes notice of a scheduled proceeding provided by the relevant agency, or other evidence of a judicial proceeding from a court or government agency, prosecuting attorney’s office or a victim/witness advocate’s office.

Any absence from work to attend judicial proceedings will be unpaid, unless you choose to take paid time off, such as accrued vacation or sick leave.

Last updated: 9/25/15

Volunteer Firefighters, Reserve Police Officers and Emergency Rescue Personnel Leave

Employees are eligible to take unpaid leave for emergency duty as a volunteer firefighter, reserve peace officer or emergency rescue personnel as set forth in applicable state law. In addition, all volunteer firefighters are permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire or law enforcement training. Although such leave is unpaid, employees may use available vacation pay. If you require such leave, please contact Pitzer Human Resources Office for additional information.

Last updated: 6/1/12

Voting Leave

Employees who are eligible to vote in state and federal elections (of voting age and registered to vote), are encouraged to exercise their voting privileges. In accordance with Section 14000 of the California Election Code, employees who do not have sufficient time to vote outside their working hours, will be allowed to take up to two hours off, with pay, for this purpose. In order to receive time off for voting, the employee must notify the supervisor of the need to be off, two days prior to the day of election, and present proof of voter registration. Unless otherwise agreed, this time must be taken at the beginning or end of the shift, whichever will minimize the disruption. An employee’s supervisor or the Human Resources Office may require proof of having voted.

Last Update: 6/1/12