Leave of Absence

A medical leave of absence occurs when an employee takes time off work for a medical condition or illness or to care for an immediate family member with a serious health condition. Medical leaves of absence may be covered under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Discrimination Act (PDL). During a medical leave of absence, the employee may be entitled to certain benefits, such as continued health insurance coverage, job protection, and use of their accrued paid leave. The employee must provide medical documentation of the need to take time off 30 days in advance or as soon as possible if the illness or injury occurs suddenly.

The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid job-protected medical leave for up to 12 work weeks in a 12-month rolling period without fear of losing their jobs or health insurance coverage. The employee must use their available paid leaves (sick, vacation, extended, or differential) to be paid during this time off. FMLA and CFRA run concurrently.

Conditions covered under FMLA include:

• the employee's own serious health condition that makes them unable to perform their job,
• the birth and care of a newborn child,
• the placement of a child for adoption or foster care,
• to care for an immediate family member (a child of any age, spouse, domestic partner, parent, grandparent, grandchild, or sibling) with a serious health condition, or
• handle qualifying exigencies arising out of a family member's military service.

Eligibility:  Employees are eligible for FMLA leave if they have worked for the District for at least a year and 1,250 hours during the previous year. The employee must submit a Certification of Serious Health Condition form completed by their treating medical provider. Contact Risk Management to receive the certification form.

The California Family Rights Act (CFRA) is a state law that provides eligible employees with job-protected leave rights similar to those of FMLA. CFRA allows eligible employees to take unpaid leave for medical reasons and to care for family members with medical conditions without the fear of losing their jobs or health insurance coverage. The employee must use their available paid leaves (sick, vacation, extended, or differential) to be paid during this leave. CFRA allows eligible employees to take up to 12 work weeks of leave in a rolling 12-month period. CFRA and FMLA run concurrently.

Conditions covered under FMLA include:

• the birth and bonding with a new child,
• the placement of a child for adoption or foster care,
• caring for a seriously ill family member (child, spouse, parent, or domestic partner), or
• for the employee's own serious health condition.

Eligibility: Employees are eligible for FMLA leave if they have worked for the District for at least a year and 1,250 hours during the previous year. The employee must submit a Certification of Serious Health Condition form to provide medical documentation from their treating medical provider.

Pregnancy Disability Leave (PDL) is a California law that provides job-protected leave for employees disabled by pregnancy, childbirth, or related medical conditions. PDL allows eligible employees to take up to 16 weeks of leave for actual pregnancy-related disabilities. The employee must use their available paid leaves (sick, vacation, extended, or differential) to be paid during this leave. The employee's healthcare provider determines the PDL duration based on the employee's medical condition. PDL runs concurrently with FMLA but not CFRA.

Disabling conditions include pre- and post-delivery bed rest, prenatal care, severe morning sickness, pregnancy-induced hypertension, gestational diabetes, childbirth, recovery from childbirth, and other related medical conditions.

Eligibility: Employees are eligible for PDL leave immediately upon hire by the District. Part-time and full-time employees may qualify. The employee must submit a Certification of Serious Health Condition form completed by their treating medical provider. Contact Risk Management to receive the certification form.

Employees NOT eligible for medical leave coverage under FMLA, CFRA, or PDL may qualify for a medical leave of absence based on their union contract or other applicable laws (Americans With Disabilities Act, Fair Housing and Employment Act). The employee must submit a Medical Leave Request form and provide certification of their or a family member’s illness or injury from their treating medical provider. 

The employee must use their available paid leaves (sick, vacation, extended, or differential) to be paid during this leave. Extended and differential leave can only be used for the employee’s illness or injury.

HOW TO REQUEST A MEDICAL LEAVE OF ABSENCE

To request a medical leave of absence or to receive information, contact Risk Management in Building C221A or call (626) 585-7177.

1.     Notification:  Notify your supervisor and Risk Management at least 30 days in advance of your need to take a medical leave of absence. If the need for leave is unforeseeable, provide notice as soon as possible.

2.     Certification Form:  Request an FMLA/CFRA/PDL certification form or Medical Leave Request form from Risk Management, who will complete the employer’s Section I. Ask your healthcare provider to complete Section II of the certification form or provide a note to support your request for leave due to your health condition. 

3.     Submit Form:  Submit the certification form completed by your medical provider to Risk Management.

4.     Approval:  Risk Management will approve FMLA/CFRA/PDL medical leave requests with appropriate certification based on qualifications outlined in the state and federal laws and union contracts.

5.     Follow-Up:  Communicate with your supervisor and Risk Management throughout the medical leave process. If your situation changes, causing you to stay off work longer, additional documentation from your medical provider will be needed. With your medical provider's authorization, you may return to work sooner.

After a medical leave of absence, you are expected to return to work on the date designated by your medical provider. You will return to your regular job and shift. 

Depending on the circumstances of your medical condition, Risk Management may ask you to provide a release from your medical provider before you are permitted to return to work.

If your circumstances change and you cannot return to work as planned, inform your supervisor and Risk Management as soon as possible.

More information regarding Return To Work.

In accordance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), once the District is notified that an employee may need reasonable accommodations to perform their essential job functions, it must begin an interactive process to determine the availability of such accommodations. This process, managed by Risk Management, involves communication between the employee, their medical provider, and their supervisor.

The goal is to identify reasonable accommodations that will enable the employee to perform their essential job functions. These accommodations may include specialized office equipment like a chair, footrest, or ergonomic keyboard or mouse; schedule adjustments such as flexible working hours, part-time schedules, or breaks for medical needs; job modifications like temporary reassignment of non-essential tasks or alternative assignments; or technology and tools such as assistive technology, specialized equipment, or software that aids in performing specific job functions.

More information regarding Workplace Accommodation

Employees on a medical leave of absence covered by FMLA, CFRA, PDL, and Other Medical Leave are paid by using their accrued leaves (sick, vacation, extended, or differential). When an employee has exhausted all accrued sick leave, they become eligible for extended sick leave, which is paid at fifty (50) percent of the employee's regular rate of pay for up to 100 working days, excluding 12 paid sick days (88 days total). They may use their vacation days instead of extended sick leave pay to achieve fully paid days.  Each day of extended sick leave shall be applied for 100% of an employee’s scheduled hours.

Certificated employees may also be eligible for differential leave pay, which is the difference between the employee’s salary and the amount paid a temporary employee employed to fill their position, or if no temporary employee was employed, the amount that would have been paid to the temporary employee had someone been employed. Differential leave pay is for up to five school months less the number of days of current and accumulated sick leave previously used in that school year.

See your applicable union contract for more information about paid time off.