| 22.1 |
A full-time faculty unit employee or less than full-time tenured
faculty unit employee shall be eligible for a leave of absence
without pay in accordance with this Article. A less than full-time
temporary faculty unit employee may also be granted a leave
of absence of a short duration, not to exceed one semester or
one quarter. |
| 22.2 |
A temporary faculty employee who is granted a leave under
this provision shall maintain any rights under provisions 12.3,
12.7, 12.9, and 12.10 in the same manner as if that employee
had taught his or her scheduled courses rather than taking a
leave. Faculty who replace the temporary faculty member during
the leave period will not accrue rights under provisions 12.3,
12.7, 12.9, and 12.10 for work performed as a replacement for
the temporary faculty employee on leave. |
| 22.3 |
An eligible faculty unit employee may be granted a leave of
absence without pay for a specific purpose and length of time,
such as one (1) quarter, two (2) quarters, one (1) semester,
or one (1) year. Leaves of absence without pay may be granted
for up to two (2) years. An extension of such leave may be granted
for up to one (1) year at a time. |
| 22.4 |
A written application for a leave of absence without pay or
an extension of a leave of absence without pay shall be submitted
to the appropriate administrator. The eligible faculty unit
employee shall receive a written response regarding granting
or denial of the leave. If a professional leave is granted,
the response shall include the reason(s) for granting the leave
and any conditions of such a leave. If a professional leave
is denied, the response shall include the reason(s) for the
denial. |
| 22.5 |
A faculty unit employee on a leave of absence without pay
for more than fifteen (15) working days may opt to continue
his/her health and dental benefits at his/her own expense. An
employee on a leave of absence without pay for fifteen (15)
working days or less shall receive health and dental benefits
as provided by the CSU in the same manner as when the employee
was on pay status provided that if the employees' paycheck,
for any reason, should at any time be insufficient to cover
payroll deductions necessary for a choice of health and dental
insurance with premiums above the CSU contribution, the employee
shall be responsible for direct payment of the total premium
(including CSU share) amount to the carrier in accordance with
the existing PERS procedure for direct payment. |
| 22.6 |
A faculty unit employee who is on a leave of absence without
pay shall not return to active pay status prior to the expiration
of such a leave without written approval of the President. |
| 22.7 |
A faculty unit employee on a leave of absence without pay
shall notify the appropriate administrator no later than April
1 of his/her intention to return to duty at the beginning of
the academic year or no later than October 1 of his/her intention
to return to duty at the beginning of the spring term or winter
quarter. |
| Personal
Leaves of Absence Without Pay |
| 22.8 |
Personal leaves of absence without pay may be granted by the
President. A personal leave of absence without pay may be for
purposes of unpaid sick leave, outside employment, maternity/paternity,
family care leave, or other purposes of a personal nature. Faculty
unit employees on a personal leave without pay shall not accrue
service credit toward probation, sabbatical eligibility, difference
in pay eligibility, service salary increase eligibility, or
seniority except as provided in provisions 22.22 and 22.23 of
this Article. |
| 22.9 |
Family care and medical leave shall refer to a leave for reason
of the birth of a child of the employee, the placement of a
child with an employee in connection with the adoption or foster
care of the child by the employee, to care for a child, parent,
spouse or domestic partner of the employee who has a serious
health condition, or for the employee's own serious health condition.
Family care leave shall be pursuant to provisions 22.13 through
22.23 of this Article. |
| 22.10 |
Maternity/paternity leave shall refer to a leave for the purpose
of a parent preparing for the arrival of a new infant and the
care of a new infant. A maternity/paternity leave shall not
constitute a break in service. |
| 22.11 |
A tenured faculty unit employee shall be entitled to a maternity/paternity
leave without pay for up to twelve (12) months, subject to the
conditions of provision 22.19 of this Article. This leave shall
satisfy the family care leave requirements of tenured faculty
unit employees for reason of the birth of a child of the employee,
the placement of a infant child with an employee in connection
with the adoption or foster care of the child by the employee,
or to care for an infant child who has a serious health condition.
Upon request of the employee, the President may grant an extension
of maternity/ paternity leave. |
| 22.12 |
The President shall determine whether a personal leave of
absence without pay constitutes a break in service, except for
such leaves granted pursuant to provisions 22.9, 22.10 and 22.11
of this Article. The President shall inform the faculty unit
employee of his/her determination at the time the leave is granted. |
| 22.13 |
An employee who has at least twelve (12) months or two (2)
semesters or three (3) quarters of service is entitled to a
family care or medical leave without pay. |
| 22.14 |
Eligible employees may take up to a total of twelve (12) weeks
of family care or medical leave in a twelve (12) month period,
including any periods of absence with pay for family leave purposes. |
| 22.15 |
For family leave taken for reason of the birth, adoption or
foster care of a child by an employee, any leave taken shall
be initiated within one (1) year of the birth of a child or
placement of a child with the employee in the case of adoption
or foster care. |
| 22.16 |
Before granting a family leave for the serious health condition
of a child, parent or spouse, the President may require certification
of the serious health condition from the health care provider. |
| 22.17 |
Upon expiration of the period which the health care provider
originally estimated that the employee needed to care for the
child, parent or spouse, the President may require the employee
to obtain re-certification if additional leave is requested. |
| 22.18 |
An employee may use accrued sick leave during the period of
family leave upon mutual agreement between the employee and
appropriate administrator, and the use of such sick leave during
the period of family leave shall not be limited to forty (40)
hours as required in provision 24.12 of the Agreement. The use
of sick leave shall be in accordance with the appropriate provisions
of Article 24 of this Agreement. |
| 22.19 |
Family care or medical leave is separate and distinct from
the right of a female employee to take a pregnancy disability
leave under Government Code Section 12945, subdivision (b)(2).
If a female employee takes part or all of the maximum four (4)
months of pregnancy disability leave, she may request up to
twelve (12) additional weeks of family care or medical leave
for reason of the birth of her child, or due to her own serious
medical condition. Any combination of family care or medical
leave and pregnancy disability leave shall run concurrently
with the period of maternity/paternity leave available to a
tenured employee pursuant to provision 22.11 of this Article. |
| 22.20 |
An employee shall provide the President with reasonable written
notice of the need for family leave as soon as the event necessitating
the leave becomes known to the employee. In general, as much
advance notice as possible will be provided. In cases of emergency,
when no advance notice is possible, written notice of the need
for leave shall be provided within five (5) working days of
learning of the need for the leave. |
| 22.21 |
If the employee's need for family leave is foreseeable due
to the planned medical treatment or planned supervision of a
child, parent or spouse with a serious health condition, the
employee shall provide the President with not less than fourteen
(14) days notice of the need for the leave. The employee shall
consult with the appropriate administrator regarding the scheduling
of the treatment or supervision so as to minimize disruption
of the operations of the University. |
| 22.22 |
The granting of a family care or medical leave assures to
the employee a right to return to his/her former position or
a comparable position upon expiration of the family leave. If
the former position and any comparable position has ceased to
exist due to legitimate business reasons unrelated to the leave,
the University shall make reasonable accommodation by alternative
means only if such alternative means would not cause an undue
hardship on the campus. Such alternative means shall include,
but not be limited to, offering the employee any other position
which is available and for which the employee is qualified.
The University is not required, however, to create additional
employment which would otherwise not be created, discharge or
layoff another employee, transfer another employee, or promote
another employee who is not qualified to perform the job. The
family care or medical leave shall not constitute a break in
service for the purposes of length of service and/or seniority
under this Agreement. |
| 22.23 |
An employee on family care or medical leave shall retain employee
status and shall continue to accrue seniority points pursuant
to provision 38.23 of the Agreement during the period of the
family care or medical leave. During a family care or medical
leave an employee may continue to participate in benefits to
the same extent and under the same conditions as would apply
to any other personal leave of absence without pay pursuant
to the Agreement. However, if any paid portion of the family
care or medical leave is less than 12 weeks, upon request of
the employee to continue coverage, the CSU shall continue to
make employer contributions toward health, dental and vision
coverage for the unpaid remainder of the twelve (12) week period.
If an employee fails to return at the end of the family care
or medical leave, the CSU may require repayment of insurance
premiums paid during the unpaid portion of the leave. The CSU
shall not require repayment of premiums if the employee's failure
to return is due to his/her serious health condition or due
to circumstances beyond the employee's control. |
| Professional
Leaves of Absence Without Pay |
| 22.24 |
Professional leaves of absence without pay may be requested
by an employee and may be granted by the President. A professional
leave of absence without pay may be for purposes of research,
advanced study, professional development, or other purposes
of benefit to the campus. Such leaves shall be considered totally
voluntary, and for the purpose of workers compensation, the
time involved shall not be considered time worked. |
| 22.25 |
A faculty unit employee on a leave of absence without pay
for professional purposes shall, when otherwise eligible, accrue
service credit toward probation, sabbatical eligibility, difference
in pay eligibility, service salary increase eligibility and
seniority. Such accrual of service credit toward sabbatical
eligibility and difference in pay eligibility shall be for a
maximum of one (1) year per sabbatical eligibility period. Such
accrual of service credit toward probation shall be for a maximum
of one (1) year. Such accrual of service credit toward service
salary increase eligibility shall be for a maximum of one (1)
year per professional leave of absence without pay and extensions
thereof. Such accrual of service credit shall be forfeited whenever
the President has determined the conditions of the leave were
not met. |
| 22.26 |
An eligible faculty unit employee applying for a leave of
absence without pay for professional purposes shall provide
a copy of his/her application to the affected department. In
a timely manner, the department shall submit to the appropriate
administrator and the faculty unit employee its recommendation
regarding such a leave application. The department shall also
receive a copy of the President's response regarding the leave
application. |
| 22.27 |
The leave of absence of a temporary faculty unit employee
eligible for such leave pursuant to this Article shall terminate
upon the expiration of that employee's temporary appointment. |
