Eligibility

Who is eligible to participate in the July 1, 2014 Step Increase Implementation?

Range Adjustment:

On July 1, 2014, all employees in CX, PA and SX will be receiving a 3% range adjustment.

Step Increase for eligible, career employees in CX and SX

ELIGIBILITY – CX

Who is eligible to participate in the CX July 1, 2014 Seniority Based Step Increase?

Individuals appointed to career appointments covered by the above mentioned bargaining   contract, CX :

 

1.       who is on a non-probationary, career status in a position covered by CX on July 1, 2014, and

2.       who has a status of (a) active or (b) leave of absence, and

3.       who has a documented performance evaluation of “Satisfactory”, and

4.       who has more than 10 years of University Service without break in service, and

5.       whose current step is below the maximum step rate for the title

 

What determines the step increase?

 

Employee with 10-19.99 years of University service moves 1 step within range

Employee with 20+ years of University service moves 2 steps within range

 

 

 

ELIGIBILITY – SX

 

Who is eligible to participate in the SX July 1, 2014 Step Increase Implementation?

Individuals appointed to career appointments covered by the above mentioned bargaining   contract, SX :          

 

1.       who is on a non-probationary, career status in a position covered by SX on July 1, 2014, and

2.       who has a status of (a) active or (b) leave of absence

Who is considered a "Career" employee?

Employees with an appointment type 2 (Career) and appointment type 7 (Partial-Year Career) are considered a "career" employee.

Is a career employee who goes below .50 FTE still eligible?

Yes, if the total number of hours worked in the prior 12 months is 1,000 hours or more.

Are employees on leave status eligible?

Yes, assuming they meet all other eligibility criteria. However, the step increase for employees on leave cannot be processed by the automatic roster upload to HCM, but by the department when the employee returns from leave.

When does FMLA end following the death of an employee's seriously ill family member?

The FMLA time off ends immediately upon the death of the employee's seriously ill family member. However, the employee may be entitled to take time off for bereavement leave under policy or contract.

Can it be assumed that an employee who is eligible for Employee-Paid (EPD) and/or University-Paid Disability (UPD) is automatically eligible for family and medical leave?

Although in most cases a health condition that qualifies an employee for disability payments under UPD/EPD will also qualify as a serious health condition under FMLA/CFRA, it cannot be assumed that eligibility for disability payments under UPD/EPD automatically entitles an employee to family and medical leave. To qualify for family and medical leave due to the employee's serious health condition, the following three tests must be met:

  • The employee must satisfy the employment eligibility requirements under FMLA/CFRA;
  • The employee's health condition must satisfy the definition of a serious health condition under FMLA/CFRA; and
  • The employee must not have already exhausted his or her entitlement to family and medical leave.

Can a supervisor require an employee to provide proof of a family relationship?

Yes, a supervisor may require an employee to provide reasonable documentation such as a birth certificate or court document of a family relationship or a statement from the employee concerning the relationship.

How can a supervisor determine if a request for vacation qualifies as family and medical leave without invading an employee's privacy?

It will not always be possible to know if a request for vacation should really be considered as family and medical leave and covered under the FMLA and CFRA. However, since vacation is granted based on the department’s operational needs, a department may postpone an employee's request for vacation due to staffing requirements if the employee has not specifically requested vacation for a family and medical leave qualifying reason.

The employee will need to provide sufficient information to establish a qualifying reason under FMLA/CFRA so that the supervisor is aware of the employee's potential entitlement (i.e., that the leave may not be denied). The employee's request can then be reviewed as a potential family and medical leave and eligibility under FMLA/CFRA assessed.

Are teaching and research assistants eligible for family and medical leave? What about per diem and contract employees?

GSIs, GSRs, per diems, and contract employees are entitled to family and medical leave if they meet the eligibility requirements; however, leave need not be granted beyond a predetermined separation date. Under FMLA, University-paid health care coverage is required only if the employee has an entitlement to health care coverage at the time the leave is requested. For the purpose of administering family and medical leave for GSIs and GSRs, the graduate student health insurance premiums paid by the University are considered "employer-provided" health care benefits.

How is eligibility determined for academic appointees?

Academic appointees must meet the same "12 months of service" criteria as any other employee to be eligible for family and medical leave. In addition, full-time faculty are deemed to have worked the requisite 1,250 hours unless the University can clearly demonstrate that the faculty member has not worked the requisite hours.

Are faculty who hold joint appointments with affiliated entities (e.g., the VA Hospital) or without salary appointments eligible for family and medical leave?

Faculty holding joint appointments or without salary appointments will be eligible for family and medical leave only if:

  • The "12 months of University service" requirement is met;
  • It cannot be clearly demonstrated that the faculty member did not work at least 1,250 hours for the University during the previous 12-month period; and The University is the "primary employer."

How much time is available to eligible employees for leave taken under the FMLA and CFRA?

Employees may be eligible for up to 12 workweeks in a calendar year. If and employee has a 100% appointment, this translates to 60 work days or 480 hours. A part-time employee if eligible, also receives 12 workweeks pro-rated according to their established schedule.

How is eligibility determined for FLSA exempt staff? How does the University determine whether the "1,250 hours worked" requirement has been met?

You should assume that an exempt appointee with at least 12 months of University service is eligible for family and medical leave unless your written records indicate that the employee has worked less than the required 1,250 hours.

Does the "1,250 hours worked" requirement mean 1,250 hours of actual work or 1,250 hours on pay status?

The "1,250 hours worked" requirement means 1,250 hours of actual work, including overtime; it does not include periods of paid leave (including all observed holidays, vacation, and sick leave) and unpaid leave. Service need not be continuous.

Is the "1,250 hours worked" requirement pro-rated for part-time or partial year non-exempt staff?

No it is not. Although it is harder for part-time and partial year employees to satisfy this requirement, most part-time employees appointed at 75 percent or more time will meet the "1,250 hours worked" requirement, provided that paid and unpaid absences during the previous 12-month period have not been excessive.

Who is considered a "family member"?

A family member is a parent, spouse, or child of the employee. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee who stands in place of a parent (that is, who is charged with a parent's rights, duties, and responsibilities) to that child who is either under 18 years of age or is an adult dependent child. An adult dependent child is an individual who is incapable of self-care because of a mental or physical disability within the meaning of Government Code section 12926.

Who would not be considered a family member for purposes of leave?

Grandparents, grandchildren, in-laws, domestic partners as well as other persons, who may not be related but are residing in the employee’s household, are not covered by FMLA and/or CFRA. There may be provisions in other policies and contract articles that allow use of leave to care for these individuals, so refer to PPSM, APM or the appropriate union contract.

What if my spouse also works for U.C. Berkeley?

In the event that both you and your spouse are eligible for leave under FMLA/CFRA, you may receive 12 weeks each if leave is taken for your own serious health condition or that of a child, spouse or parent.

If both you and your spouse are employed by the University, and you both qualify for leave under the FMLA, you may receive a combined total of 12 weeks of leave for the birth, adoption or placement of a child. Leave can be taken consecutively or simultaneously. Intermittent leave granted for the care of a newborn or placement of a new child can only be granted where business needs permit.

Who is considered a Health Care Provider/Practitioner?

Under federal regulations, a "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, or a clinical social worker who is authorized to practice by the State and performing within the scope of their practice as defined by State law, or a Christian Science practitioner. A health care provider also is any provider from whom the University or the employee's group health plan will accept medical certification to substantiate a claim for benefits.

What is a "serious health condition"?

A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:

  • Hospital Care

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

  • Absence Plus Treatment

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

  1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
  2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
  • Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care. [NOTE: an employee's own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA.]

  • Chronic Conditions Requiring Treatment

A chronic condition which:

  1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
  2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

  • Multiple treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Performance Ratings/Appraisals

An employee recently transferred to my department. How do I conduct a performance evaluation?

The current department will need to contact the old department for an assessment of the employee's performance for the time period the employee was in the old department in order to determine eligibility.

How do we treat an employee who does not have a performance evaluation?

Employees who do not have a written, documented performance evaluation during the recent twelve month, evaluation period will be deemed to be "Satisfactory".

An employee works 50% time in my department and 50% time in another control unit. How will this employee's increase be handled?

The employee will appear on two rosters – your department roster and the roster in the other control unit. Each 50% appointment will be handled separately.

Other

Do we need to submit signed hard copies of the merit rosters to HR?

No, when the rosters are submitted electronically, the campus e-policy holds that whoever submits the roster has obtained the internal approvals necessary to generate the salary increases. However, departments are encouraged to maintain signed hard copies of their rosters.