Workplace Bullying Prevention Policy
If I want to make a report of bullying, who do I contact? Can my conversation about the process be kept confidential?
A report of bullying can be made to your supervisor, another manager, Employee and Labor Relations (firstname.lastname@example.org(link sends e-mail) and email@example.com(link sends e-mail)), your HR Partner/Representative (find yours at sharedservices.berkeley.edu(link is external)), or your union representative. HR is a compliance office that cannot guarantee confidentiality. However, HR will only disclose information on a “need to know” basis. For complete confidentiality contact the Staff Ombuds Office (510-642-7823).
The University will take steps to address the matter. Individuals making reports will be informed about options for resolving potential violations of this policy. These options may include facilitated early resolution or formal investigation.
No. It may be helpful to provide information in writing, but you may make an oral report. If the oral report contains sufficient information the University will respond as it would for a written report. “Sufficient information” will differ from case to case. Generally, it is important to try to include the name of the individual alleged to have engaged in bullying behavior, the target(s) of the conduct, any witnesses to the conduct, and specific examples of the conduct.
“Managers and supervisors who observe bullying behavior or receive a report of bullying are required to address such behavior immediately and notify their HR Partner/Representative.” If a manager or supervisor observes bullying behavior they are required to address/report the behavior even if an employee has not labeled an incident as “bullying.” However, if a manager or supervisor has not observed the behavior, they are only required to address/report the behavior if they receive a report of bullying.
If the behavior continues or gets worse, contact your supervisor or the office to which you made the original complaint. If this is not effective or if you feel that you are being retaliated against for reporting or being a witness to a report, contact Employee/Labor Relations (firstname.lastname@example.org(link sends e-mail) and email@example.com(link sends e-mail)).
An employee who files a bullying complaint is entitled to the same protections as an employee who files any other type of complaint (e.g., discrimination, whistleblower, etc.). The Workplace Bullying Prevention Policy prohibits retaliation against any person who reports bullying, assists someone with a report of bullying or participates in an investigation or resolution of a bullying complaint.
Not necessarily. The policy requires a “pattern of repeated behavior that a reasonable person (a person in the same or similar circumstances) would find hostile, offensive and unrelated to the University’s legitimate business interests.” A single physical, verbal or written act or behavior generally will not constitute bullying, unless it is especially severe and egregious.
Examples of severe and egregious bullying behavior may vary; however, case law examples include:
- Placing a dead mouse in a soda can from which someone is drinking
- Telling someone that their child or spouse has died even though the speaker knows this is untrue
Possibly. Targeting multiple people through one-time incidents may constitute bullying if the incidents represent a pattern of repeated behavior that reasonable people would find hostile, offensive and unrelated to the University’s legitimate interests. Establishing a pattern does not necessarily require that all of the offensive behavior be directed at one individual.
Can a supervisor be found in violation of the Bullying Policy even when a complainant has performance issues?
Yes. At issue is whether the supervisor engaged in a pattern of repeated behavior that a reasonable person would find hostile, offensive and unrelated to the University’s legitimate business interests. Depending on the circumstances, a complainant’s performance might be relevant to the analysis but it does not disprove bullying. It is important for both sides to understand that performance management is a legitimate part of working relationships, and that feedback, performance evaluation and direction must be given in a professional and respectful fashion.
Can I still disagree with someone or suggest an alternative way of proceeding on a project without violating the Bullying Policy?
Yes. Bullying behavior must be distinguished from behavior that may be unpleasant or unwelcome by the recipients yet is appropriate in order to carry out workplace responsibilities. Differences of opinion, interpersonal conflicts, and occasional problems in working relations are an inevitable part of working life and do not necessarily constitute workplace bullying.
Cyber Security Awareness Training
All active employees on payroll at all UC campuses and Medical Centers are required to take the training.
The course will take approximately 35 minutes to complete. Upon completion of the modules, you will be asked to complete a very brief quiz to check your knowledge.
I’m having difficulty finding the UC Cyber Security Awareness Fundamentals course in the UC Learning Center.
If you are having difficulty locating the course in your list of required and recommended training, you may search the UCLC site for the course by using the course code “SECURITY-BE-ECO” followed by an asterisk (“SECURITY-BE-ECO*”).
Non-computer users are exempted from the training. If an employee has absolutely no computer contact, then the manager may make a request for this exemption by sending name(s) to firstname.lastname@example.org
The alternate language versions (Spanish, Cantonese, and Mandarin) are still under review, and we will get those out as soon as possible.
The online UC Cyber Security Awareness Fundamentals course is not fully accessible, so we have an accessible PDF that can be provided upon request. Contact the UC Learning Center at email@example.com.
Yes, the training will be required annually based on anniversary date of your last completion. A refresher course will no longer be offered.
I received a system notification from firstname.lastname@example.org. Is this a legitimate email or a phishing email?
This is a legitimate notice. Sumtotalsystems.com is a learning management system that UC Berkeley partnered with to run our training for various courses that we offer. We understand that while the notice doesn't come directly from an @berkeley.edu address and might be viewed as suspicious, please consider the notice valid. You may login to the UC Learning Center and check to see if the training course has been added to your account under the "Required Training" button.
Who do I contact regarding any questions or concerns on information security or access to the training?
You can contact Campus Shared Services Helpdesk by one of the three following methods:
Telephone: (510) 664-9000, option 1
Create a service ticket: https://berkeley.service-now.com/ess/create_incident
Diversity and Inclusion
This page is a list of all frequently asked questions for the Diversity and Inclusion section. Please click on the appropriate question to view its answer.
What's the difference between an affirmative action goal and a quota? Does the University of California have a quota system?
An affirmative action goal provides a target to strive for and to measure the success of your recruitment efforts.
A quota indicates that the result is pre-determined and inflexible.
The University does not set quotas. Rather, the University sets affirmative action recruitment goals with the expectation that hiring managers conduct inclusive recruitment when there is a job opening. It is the University's policy to select the best qualified person for the job and to document recruitment/selection efforts.
Can the University ask applicants to self-identify their status as a covered veteran or as an individual with disabilities?
Yes. Beginning in 2014, the University will begin to ask applicants to self-identify their status in these categories, following regulatory changes initiated by the Office of Federal Contract Compliance Programs (OFCCP).
In many cases, the work force numbers would be too small to be interpretable.
Why aren't American Indians or Blacks considered underutilized in Senior Management Group-Executives job group?
Utilization analysis (in the affirmative action sense) compares the percentages of minorities or women qualified and available for a given job group against their representation in the actual job group; when the representation is less than the availability, underutilization exists. The numbers of minorities or women in the actual job group is not compared against the numbers of women or minorities in the general population. Occupational parity is the criteria used for determining underutilization, not population parity. The availability for American Indians and Blacks in the Senior Management Group is 0.8 and 9.4 percent, respectively.
No. It is neither a finding of discrimination nor a finding of a lack of good faith affirmative action efforts. Rather, underutilization is a technical targeting term used exclusively by affirmative action professionals to measure affirmative action programs.
Do you still have to target recruitment for an underutilized position if there is good representation of that group otherwise?
Yes. Because there is underutilization, good faith efforts must be made to ensure that a diverse pool will be available.
Can recruitment advertisements for campus positions encourage minorities, women, veterans and individuals with disabilities to apply?
Yes. Advertisements must continue to state that the University is an "Equal Opportunity/Affirmative Action Employer." It is also recommended for advertisements to state that "all qualified applicants are encouraged to apply, including minorities, women, veterans, and individuals with disabilities."
No central funds are available. However, in many cases, inclusive recruitment does not mean the need for more money, but more creativity. For example, departments may send the posting to professional organizations or affinity groups. Or, departments with similar occupational job openings can share advertising costs. Contact your Employment Recruiter for ideas.
How can good faith efforts toward meeting affirmative action goals be achieved without considering race, ethnicity, or sex?
In hiring, departments may only consider Affirmative Action goals when recruiting for positions. Race, ethnicity and gender cannot be used during the selection process once the applicant pool has been developed. Affirmative Action goals are displayed in Talent Acquisition Manager (TAM) after the job title and department are input. When there are openings, departments can make good faith efforts by noting the affirmative action placement goals that are displayed in TAM, and supplementing general outreach efforts with inclusive recruitment to underutilized minorities and women. This helps ensure that a diverse applicant pool will be available. When there is underutilization, race, ethnicity and gender can be used in the recruitment process without violating Proposition 209. In training and development, departments can make career advancement/promotional opportunities available to interested and qualified employees, including minorities, women, protected veterans, and individuals with disabilities.
No. As a federal contractor, the University is obligated to comply with federal laws and regulations regarding affirmative action and nondiscrimination in employment. These obligations include ensuring diverse pools of applicants for campus positions; developing and implementing affirmative action plans that identify areas of underutilization of minorities and women; developing and disseminating annual placement goals and demonstrating good faith efforts to eliminate underutilization. California Proposition 209 both contain provisions that require continued compliance with federal regulations to keep the University eligible to receive federal funds.
Yes. Managers are responsible for making good faith efforts toward achieving affirmative action goals and objectives and should be evaluated on their performance in this area.
Disability Status Self-Reporting
UC Berkeley is a federal government contractor and is legally obligated to comply with a number of requirements and regulations. The information collected is used for statistical reporting to the federal government, accreditation bodies and grant-awarding agencies, as well as for internal benchmarking and review.
The disability data is considered confidential employee information. It is maintained by the Staff Equal Employment Opportunity (EEO) Compliance unit in Central Human Resources. Your name and employee number is removed when used for reporting purposes.
Each year the University is required to conduct various analyses of its workforce as part of its Affirmative Action Plans. The information being requested is critical to these analyses.
The invitation to self-identify your disability status is voluntary, and every employee has the option of choosing the "I DO NOT WISH TO ANSWER" option. Selecting this option will not affect your employment status.
The disability information you provide is confidential and will not be used as the basis for any employment decision affecting you.
Employee Initiated Reduction In Time (ERIT) Program
PDF version of this FAQ list can be found at http://hr.berkeley.edu/sites/default/files/erit_faq_2014-2017_renewal_6-...
The ERIT program allows eligible employees to voluntarily reduce their appointment percentage and corresponding pay for a specified period of time.
ERIT is being offered as an optional tool the University can be used as a temporary cost savings resource. Check with your Human Resources Office and department head to find out if your location and department are offering ERIT.
The cost savings will be retained by the departments of the employees who participate in ERIT.
Participation in ERIT by exclusively represented employees is subject to agreement by the applicable union. Check with your local Human Resources Office regarding your eligibility to participate.
Does the reduced percentage of time need to be the same during each month of my ERIT contract or can it vary as long as the average percentage reduction over the entire period of my participation in ERIT is the same as the percentage reduction reflected..
Full Question: Does the reduced percentage of time need to be the same during each month of my ERIT contract or can it vary as long as the average percentage reduction over the entire period of my participation in ERIT is the same as the percentage reduction reflected on my ERIT contract?
You should have the same reduction in time and pay in each pay period of your ERIT contract. However, with your department head’s approval, your work schedule within a pay period may be flexible from week to week as long as the total time reduced during the pay period is the same as the percentage time reflected in your ERIT contract.
Yes, based on a 40-hour week, 5% of full-time would be 2 hours per week, regardless of whether your previous appointment was 100% or some other percentage.
If I am already on a temporary reduction in time (voluntary or involuntary) before I have the chance to sign up for ERIT, can I still participate in the program?
Yes, if you have a temporary voluntary or involuntary reduction in time prior to the starting date of ERIT, you may request to participate in ERIT prospectively. If your request is granted, you may enter into an ERIT contract and you need not increase to your regular appointment prior to ERIT in order to reduce your time under ERIT. However, your appointment percentage under ERIT may not be less than 50%.
Yes, you may participate in ERIT by reducing your time at least 5% of full-time. However, your appointment percentage under ERIT may not be less than 50%.
I would like to enroll in a class next September. Can I sign up for ERIT beginning in September or must my ERIT contract begin on July 1, 2014?
Department heads may offer ERIT any time between July 1, 2014 and June 30, 2017. Some departments may elect to offer the program for the entire period; others may elect to offer the program only during certain months (such as the summer months); while some may elect to not offer ERIT at all. Check with your department head regarding the availability of the program in your department during the period of time you are interested in reducing your time.
Must an ERIT contract begin only on the first day of a month and end only on the last day of the month?
For employees who are paid monthly, an ERIT contract must begin on the first day of a month and end on the last day of a month. For employees who are paid bi-weekly, time reductions are to be made in two bi-weekly increments, so an ERIT contract would begin on the first day of the bi-weekly pay period and end on the last day of the second bi-weekly pay period.
Can I continue my participation in ERIT if I transfer or if I am promoted to another position in the same or different department?
If the relevant department head approves, you may continue your participation in ERIT for the term of your ERIT contract when you accept another position in the same or a different department.
ERIT participants should review their assigned workloads with their supervisors to work out a corresponding reduction in workload or assignments.
Employees with variable appointments are not specifically excluded from participating in ERIT; however, because of the fluctuating nature of variable appointments, it would be difficult to determine the pre-ERIT appointment percentage on which time reductions and benefits under the program would be based.
Yes, employees who work these alterative schedules can participate in ERIT. For example, an employee on a 4/10 schedule who wants to reduce to 90 percent time could work a 4/9 schedule by reducing each work day by 10% (an hour each day); while an employee on a 9/80 schedule can work a 9/72 schedule by working 8 hours per day (a 10% reduction).
How can an exempt (salaried) employee participate in ERIT, since the employee works whatever time it takes to get the job done?
An exempt employee may reduce his or her time and corresponding pay from 5% to 50% of full-time under ERIT. An appropriate workload reduction and a focus on working to meet job responsibilities rather than working a specified period of time are the intended approaches to ERIT for exempt employees. Because time records for purposes of pay cannot be kept for exempt employees who receive the same salary each pay period regardless of hours worked, exempt employees who participate in ERIT may find a schedule involving full days off useful. However, this would not preclude occasionally working some time on those days if necessary to meet a deadline.
No, you will continue to accrue vacation and sick leave at your pre-ERIT appointment percentage.
Under ERIT, you will receive holiday pay in proportion to your reduced time, in accordance with the applicable personnel policy or collective bargaining agreement.
Under ERIT, UCRP service credit will accrue in accordance with your ERIT appointment percentage, so if you reduce your appointment from 100% to 75%, you will accrue 75% service credit. Your retirement contributions under ERIT, they will be 75% of the prior 100% contribution.
No, your eligibility for health and welfare benefits will not be affected by ERIT because your percentage of time on pay status under ERIT cannot be reduced below 50% time.
Can I buy back the additional UCRP service credit that I would have accrued if I didn’t participate in ERIT?
Buyback of UCRP service credit applies to leaves of absence. There is no provision in UCRP for buying back service credit for reductions in time.
What effect will a lower salary under ERIT have on my current pre-tax contributions to the Defined Contribution Plan (DCP)?
The DCP requires contributions as a specific percentage of eligible salary; therefore, contributions will be lower.
Will my ERIT reduction in time affect my Highest Average Plan Compensation (HAPC) used for calculating my retirement benefit or my Final Salary used for calculating Pre-retirement Survivor Income or Disability Income benefits?
Highest Average Plan Compensation (HAPC), which is used to calculate UCRP Monthly Retirement Income or Lump Sum Cashout, is based on monthly Full-Time Equivalent Compensation and does not change as a result of participation in the ERIT Program.
Final Salary, which is used to calculate Preretirement Survivor Income, Death Benefits for Members who became active before October 1, 1990, and Disability Income, will be adjusted to reflect the average percent of time on pay status during the preceding 36 months if an employee dies or becomes disabled while participating in the ERIT program.
Disability benefit payments for both the Short-term Disability Plan and the Supplemental Disability Plan will be based on your pre-ERIT salary and your premiums will continue to be based on your pre-ERIT salary.
Supplemental and Dependent Life Insurance will not be impacted by participation in ERIT– premiums and coverage will continue to be based on your full-time salary rate. Basic Life Insurance will be calculated using your full-time salary rate and your pre-ERIT appointment percentage.
Deciding to participate in ERIT represents a commitment. However, an unforeseen change of circumstances during your participation may occur that requires you to end your contract. If you wish to return to your pre-ERIT percentage of time, you may do so provided that you give your supervisor at least 30 days advance notice. Advance notice of termination will be waived if your request to terminate your contract is due to an emergency situation. You must complete the ERIT Contract Amendment (page 2) and return it in accordance with local ERIT procedures.
ERIT is intended to be two-way commitment between the employee and his or her department for the benefit of both. However, when there is a business need, a department head may end an ERIT contract with 30 days advance notice.
Since ERIT commitments will be used to project departmental savings and for planning purposes during the fiscal year, percentages of time should not be changed. However, circumstances beyond your control may warrant an increase or decrease in the percentage reduction. ERIT participants may change their percentage reduction once during the ERIT contract with 30 days advance notice. You must complete the ERIT contract amendment and return it in accordance with local ERIT procedures.
With programs like ERIT, the University hopes to minimize layoffs. However, the current budget uncertainties make it impossible to guarantee protection from a permanent or temporary layoff for employees who volunteer for ERIT.
If I am laid off while on ERIT, are my recall and preferential rehire rights limited to positions at the same or lesser percentage of time as the ERIT position?
No, you will retain recall and preferential rehire rights to positions at the same or lesser percentage of time as your position prior to the ERIT reduction in time, in accordance with applicable personnel policies or collective bargaining agreements.
What happens to my seniority for purposes of determining the order of indefinite layoff while I am on ERIT?
Your seniority for the purpose of indefinite layoff will be treated the same as if you had not volunteered for ERIT. When calculating seniority for the purpose of layoff, departments will need to be sure ERIT participants are credited appropriately.
After you have worked out an appropriate work schedule which has been approved by your department head, you and your department head must sign the ERIT Contract (U280) and return it, keeping a copy for yourself, in accordance with local ERIT procedures.
The ERIT program will be sunsetting June 30th due to the low number of staff participating in the program as well as the complexity of administering the program.
Effective July 1, 2017 your vacation and sick accrual will be accrued based on your FTE.
The supervisor should work with HR to ensure the reduction in time policy is followed. Any agreement that allows an employee to voluntarily reduce their percentage of time worked should be documented and the agreement placed in the employee’s personnel file. The agreement should include the agreed upon work schedule percentage and the length of time the agreement will be in place. It should also note that the department may end the agreement at any time based on business need. If the employee’s pay schedule is impacted by the DOL FLSA salary threshold, that should also be noted. Please contact HR with any questions.
Since the ERIT program is ending June 30th, your FTE will automatically be returned back to your pre-ERIT FTE. Effective July 2017 you should start working your pre-ERIT work schedule. If your ERIT contract ends prior to June 30, 2017 no further action is necessary.
The employee should notify the supervisor that they would like to voluntarily reduce their percentage of time and follow up the request with an email. The supervisor will assess the request, based on the needs of the business, and determine whether the request can be granted. If your supervisor determines the request can be granted they will work with HR to ensure the reduction in time policy is followed and the appropriate documentation occur.
No. Your accruals (sick leave, vacation leave, seniority, retirement) will be based on the percent of time you work.
Yes. For example, an employee may want to reduce their time from 80% to 50% during the months of July through December. They would make the request with their supervisor and follow up with an email. The supervisor will determine if the request can be granted based on the needs of the business. If the request cannot be granted the supervisor will notify the employee verbally and in writing.
Yes. The supervisor will assess the request, based on the needs of the business, and determine whether the request can be granted. Note: Once the supervisor grants the request to reduce the percentage of time on a permanent basis, the approval may be rescinded at any time based on the needs of the business.
You may make the request to increase your percentage of time with your supervisor who will determine if the request can be granted.
No. If a career employee’s time is involuntarily reduced it is considered a layoff, and the employee is entitled to layoff rights.
Flexible Work Arrangements: Myth/Reality
Myth: Adequate communications (with supervisors, co-workers, and those whom the unit serves) will be difficult, if not impossible, if people are on a variety of schedules.
Reality: With proper planning, communications problems can be minimized. Some techniques and tools include sign-out boards, clear procedures regarding check-in times and hours of availability, emergency coverage, provisions for availability of and security for materials, and use of electronic tools (i.e., voice mail, e-mail, fax machines, and dedicated phone lines).
Reality: Flexible work arrangements can function as a no-cost benefit that actually increases productivity. Most of the literature on flexible work arrangements indicates that morale and productivity improve when employees are permitted even a small degree of flexibility. Recruitment capability and retention rates improve as well, and absenteeism is often reduced.
For example, a 1995 survey of 200 'Fortune 1000' companies regarding telecommuting indicated that 58% of employers reported increased productivity (on the order of 20% more productive); 61% reported reduced absenteeism; 63%, improved retention; 64%, reduced costs for office space; 63%, reduced stress; and 79%, improved morale. (Source: Bureau of National Affairs, 11/6/95.) In a 1991 study of six major Bay Area corporations conducted by this campus's Institute for Transportation Studies, "Managers reported that flexible scheduling improved productivity, morale, and punctuality, and that absenteeism declined when workers exercised some choice in their work schedules."
Reality: Assignment of schedules and work locations is a basic management right. Employees may request consideration, but they do not have a right to any particular arrangement. Employees requesting changes in work arrangements should use the attached checklist, "Developing a Proposal: Checklist for a Flexible Work Arrangement," to try to address management's concerns before making a formal request.
Myth: If employees are not at work when I'm at work, I won't know how hard the employees I supervise are working--or even whether they're working at all. It will be difficult to evaluate performance.
Reality: It is not effective - nor really even possible - to know how hard employees are working by watching them work. Employees who are closely observed often resent it and work less well as a result; it's not possible to stand over someone's shoulder anyway. Unless you are eavesdropping on phone conversations or staring at someone's computer screen, you can't know whether what they are doing is work-related. Thus, eyeball management is not useful, and needs to be replaced with a focus on results--regardless of what arrangement anyone has.
Reality: Supervisors can set reasonable parameters for flexible schedules (for example, core periods are strongly advised, and employees can be required to come in for emergencies). Also, attendance records must be kept, just as for employees on more traditional schedules. Finally, overtime compensation requirements remain in effect for employees who are non-exempt from the Fair Labor Standards Act (FLSA), and overtime policies under personnel policies and contracts must be followed. (For example, non-exempt employees must still request approval in advance before working overtime.)
Myth: If I approve flexible work arrangements for my staff, I will lose control of operations, and the workplace will become chaotic.
Reality: Flexible work arrangements are not a right; supervisors retain control. No supervisor is required to--and no supervisor should--approve any arrangement that will have a negative impact on the unit's ability to meet its responsibilities. (However, the supervisor should certainly keep an open mind in reviewing requests, and should make reasonable efforts to determine ways in which disruptions to operations can be avoided. As stated above, Human Resources staff and workshops are available to help you make this determination.)
Myth: If I approve a flexible work arrangement for one employee, I'll have to approve them for everyone.
Reality: Flexible work arrangement decisions must be fair; however, fairness is not the same as equality. It is true that all employees should have an equal right to request consideration for a flexible work arrangement. However, whether a particular flexible work arrangement is feasible for a particular employee depends on a variety of factors, including the nature of the work assignment and characteristics of the employee.
- Work which demands physical presence (for example, receptionist, maintenance, or food service) cannot be done while telecommuting.
- An employee who needs close personal supervision (for example, someone in the probationary period, or someone with a poor performance record) may be required to be at work only when the supervisor is present.
- An employee who needs to have constant, easy access to materials or to equipment may be required to be present when those materials or pieces of equipment are accessible.
- No employee should be permitted to work in situations that are potentially dangerous, due to equipment or security concerns.
There are, however, ways to work around some of the above concerns. The Police Department, for example, can help address security concerns for employees working unusual hours; supervision can be exercised by means other than direct observations; and employees with duties requiring physical presence can sometimes share these duties with other employees, so that some of their job, some of the time, does not require physical presence. Your Employee Relations Consultant can help you determine what might be feasible.
Reality: With inadequate planning, this can indeed happen. However, well-planned flexible work arrangements sometimes enable departments to extend their service hours, and to make more effective use of space and equipment. In addition, flexible work arrangements can facilitate flexible staffing patterns that lead to real cost savings.
Reality: Flexible work arrangements have been around in one form or another since the University was founded. What is new is the rapid expansion of their use for staff. A great many campus employees are already working in flexible arrangements of some sort - and most employees are happy with only very minor variations in the "old 8 to 5."
In other words,
- These arrangements are not new, and
- Small changes can produce big results in terms of retention, morale, and productivity.
Myth: Personnel policies and contracts (collective bargaining agreements) don't permit flexible work arrangements.
Reality: All of the flexible work arrangement possibilities described in this Guide are possible under personnel policies and contracts. (There may, however, be union notice requirements in some situations, so supervisors should contact their Employee Relations Consultant when proposing changes for employees covered by contracts, to determine whether notice is necessary.)
Notice and Certification
What information can the University request in the medical certification of a serious health condition?
You cannot request a diagnosis or description of the condition. Medical certification is limited to the following information:
- Confirmation that the employee (or the employee's family member) has a serious health condition as defined by Federal and State law;
- The date of the onset of the serious health condition;
- The probable duration of the serious health condition;
- A written statement that the employee is not able to perform the essential functions of his or her job; and
- If intermittent leave or a reduced work schedule is being considered, a statement that it is medically necessary.
Under law, medical certification is discretionary for both staff and academic appointees. Leave may be designated by the Department as falling under FMLA/CFRA if you know, or have reason to believe, a serious health condition exists (e.g., the employee is hospitalized). However, University policies and union contracts for staff and academic personnel differ on whether medical certification is mandatory in order to document a FMLA/CFRA qualifying event. Check the applicable policy or union contract, or consult with your Employee Relations Specialist or Office of Academic Personnel.
The University may require medical re-certification of employees who are completely off work or on a reduced schedule leave once the originally specified leave period has ended. In cases where the leave period is indefinite, a request for re-certification may be made every 30 days.
An employee who is returning from an intermittent family and medical leave cannot be required to obtain a return-to-work medical certification. However, the University can seek re-certification of the underlying illness or injury once the leave period specified on the medical certification has come and gone or prior to that time if:
- The circumstances have changed (e.g., the employee is absent more
frequently than the certification indicated); or
- The University obtains information casting doubt upon the stated
reasons for the absence.
Can an employee be required to provide a return-to-work medical certification when leave has been taken due to the employee's serious health condition?
Yes, under the following circumstances:
Certification of medical release to work may be obtained from staff employees who are not covered by a collective bargaining agreement if the department has a uniformly applied policy requiring all employees who take medical leaves for similar purposes to obtain medical certification of their ability to perform the essential functions of their position.
Certification of medical release must be obtained from employees who are covered by system-wide collective bargaining agreements where family and medical leave has been negotiated, if the employee has been granted a medical leave for any reason except pregnancy-related disability.
Certification of medical release to work may be required from academic employees in accordance with local procedures.
Failure to provide a medical release to return to work when requested by the University may result in denial of reinstatement until after the employee submits the required medical release.
Is there provision for a second (and possibly a third) medical opinion if the University questions the adequacy of an employee's medical certification?
Although the University is not permitted to request additional information from the employee's health care provider if the employee has submitted a complete certification signed by the health care provider, a health care provider that represents the University may contact the employee's health care provider, with the employee's permission, for the purpose of clarifying and authenticating the medical certification.
Is the University required to give written notice to an employee that his or her request for leave has been designated as family and medical leave?
Yes. Departments must provide the employee with notice of eligibility and designation of the leave as qualifying under FMLA/CFRA. The University's initial notice to an employee that a request for leave will be designated as family and medical leave must be given verbally or in writing within two business days of the date the leave was requested. If the notice is verbal, it must be confirmed in writing no later than the following payday (unless the payday is less than one week after the verbal notice, in which case the notice must be given no later than the subsequent payday). The written notice may be given in any form, including the "Leave of Absence Form."
Generally, leaves cannot be retroactively designated as falling under FMLA/CFRA. Any request to retroactively designate time off as FMLA/CFRA leave should be carefully reviewed with your Employee Relations Consultant. If an employee wishes to request that time off be considered as FMLA/CFRA leave, he/she should make the request within 2 days of returning to work.
Pay and Benefits Status
Grandparents, grandchildren, in-laws or other persons that are not related but are residing in the employee’s household are not covered by FML.
If an employee's unpaid family and medical leave begins in the middle of the month, what is the employee's benefits entitlement?
Because health premiums are paid in advance for the entire month (e.g., August earnings generate September UC contributions for September coverage), premiums would have already been paid for the entire month even if the leave began in the middle of the month. If the leave lasted the full twelve weeks, it would also end in the middle of a month. UC contributions for Health insurance coverage would have already been generated at the beginning of that month for the entire month. As a result, the UC contribution may be generated for up to four months, although the actual entitlement is only 12 workweeks.
An eligible employee may take FMLA covered leave in order to care for a seriously ill spouse, child, or parent as defined by the law, policy or contract. The health care provider must either certify that third party care is required or that the employee’s presence would be beneficial to the patient. Certification will be sufficient to satisfy this requirement and entitle the employee to FMLA time off. This provision is intended to accommodate needs for leave to provide psychological comfort for a seriously ill eligible family member, and to arrange “third party” care for an eligible family member.
Is an employee required to exhaust paid leave (i.e., accrued vacation and sick leave) prior to using unpaid leave during a family and medical leave?
Yes, in most cases:
- Staff employees who are not covered by a collective bargaining agreement must exhaust all accrued vacation prior to taking an unpaid leave unless otherwise requested by the employee and approved by the department head, provided that the leave is not running concurrently with pregnancy disability or work-incurred illness or disability leave. At the employee's option, accrued sick leave may be used in the event that the employee is taking leave due to his or her own serious health condition or up to 30 days sick leave in the event that the leave is being used to care for the employee's family member.
- The use of paid leave varies by collective bargaining agreement for staff employees who are covered by contracts. You should consult the applicable contract for details.
- Academic appointees may exhaust accrued vacation and sick leave prior to an unpaid family and medical leave. Under no circumstance may the University require that an employee use accrued compensatory time off during family and medical leave. However, if the University allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted against the employee's entitlement to 12 workweeks of family and medical leave.
How does family and medical leave interact with leave granted for an illness or injury compensable under the Workers' Compensation Act?
If an employee receives temporary disability payments under the Workers' Compensation Act and the employee has a serious health condition as defined by Federal and State family and medical leave statutes, the first 12 workweeks of the leave should be designated as family and medical leave, provided that the employee meets the eligibility requirements and has not already exhausted his or her 12 workweek entitlement.
No. If the university allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted toward the employee’s entitlement to workweeks of family and medical leave. Further, under no circumstances may the University require that an employee use accrued compensatory time off during family and medical leave.
The employer is responsible for designating the FML, not the employee. Leave may be designated by the university as FML if you have knowledge or reason to believe a serious health condition exists (e.g., the employee is hospitalized or off work due to an occupational injury or has communicated to you that the need for leave is to care for a seriously ill family member that is medically documented). It is critical that the University designate qualifying leave as family and medical leave for a number of reasons:
- to ensure that the employee gets the benefit and protection of the law
- to establish that we have complied with our notice and designation obligations
- to make sure that we are not obligated to give additional family and medical leave during that leave year simply because of a failure to properly designate the original leave
Is an employee entitled to an additional day of leave if a holiday falls during the employee's family and medical leave?
No. The fact that a holiday may occur within the week taken as family and medical leave has no effect; the week is counted as a week of family and medical leave. However, if employees generally are not expected to report for work for one or more weeks (e.g., winter holiday closure), the days of the closure do not count against the employee's entitlement to family and medical leave.
How is a workweek counted for employees who take leave on a reduced work schedule or intermittent basis?
When an employee takes leave by working a reduced work schedule (e.g., reducing from 100% to 80%) or on an intermittent basis (e.g., a day here and there in different weeks), only the amount of leave actually taken is counted toward the 12 weeks leave entitlement.
How should a supervisor or department chair report leave taken in less than full-day increments for FLSA exempt employees?
Under the FMLA, employers are allowed to dock the leave banks and pay of FLSA exempt employees for partial day absences without affecting the employee’s qualification for exemption under FLSA. Records of actual hours worked by FLSA exempt staff and faculty who are granted family and medical leave on either a reduced work schedule or on an intermittent basis must be kept to ensure that the employee or member of the faculty receives his or her complete entitlement to 12 workweeks of leave and so that the department knows when the family and medical leave ends.
How do periods of Active Service-Modified Duties (ASMD) interact with family and medical leave for academic appointees?
ASMD does not affect FML. ASMD is not a leave, therefore FML is not affected.
An eligible part-time employee is entitled to family and medical leave for a period not to exceed 12 of his or her scheduled workweeks. For example, an employee who has a scheduled workweek of four hours a day (five days a week) is entitled to leave for 12 workweeks each comprised of four hour days.
If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period should be used to calculate the employee's normal workweek.
Under FMLA and CFRA, an eligible employee is entitled to 12 workweeks of family and medical leave during a 12-month period. How do you determine the 12-month period?
The 12-month period is a calendar year, January – December.
FMLA paperwork should be maintained in a separate file like medical records. [Note: Medical records should not be kept in the employee's personnel file.]
What happens to an employee's family and medical leave records when the employee transfers to another department or campus?
The employee's family and medical leave records must be transferred to the new department or campus.
What is the significance of keeping complete and accurate records of all absences designated as family and medical leave?
The University is required to keep such records for Department of Labor inspections for a period of no less than three years. Failure to maintain records is a violation of FMLA and subjects the University to applicable sanctions. If complete records are not kept of all qualified family and medical leaves, the University may find itself in the position of granting additional time off (i.e., up to 12 workweeks) with health care benefits coverage for a qualified family and medical leave because records do not exist showing that family and medical leave had already been taken. Additionally, failure to properly document leave as covered by FMLA could result in disciplinary action being taken against an employee based on absences that were for protected family and medical leave purposes.
Local procedures may vary, but in most cases, the home department has been designated the Office of Record, and therefore, has the responsibility for maintaining all documentation and records pertaining to the family and medical leave. It is also the department’s responsibility to keep the local employee relations, human resources, or academic personnel office updated regarding the status of a given employee’s family and medical leave.
Which office is responsible for determining and documenting eligibility for and usage of FMLA leave?
The home department is the Office of Record and therefore, responsible for determining and documenting eligibility.
How should the notification to employees be handled if the area responsible for producing the notice is not informed until several days (or weeks!) have passed?
FML generally cannot be retroactively designated/ therefore, it is important to provisionally designate leave as family and medical leave. According to the federal regulations, failure to designate a leave as family and medical means that the person may enjoy the protection of the Act for the period of the leave not properly designated and is still entitled to the 12 workweeks of FML from the date the leave is finally designated.
Information for Employees: Employment Rights
Yes. Campus departments may review your personnel file before making a selection. It's a good idea to request a review of your personnel file so you'll know what is in it, so you can be better prepared for job interviews. You want to be able to give your perspective on anything that is in your personnel file, since the department may not review your personnel file until after the interview.
You may be able to work in temporary assignments during this period, depending on your skills, the type of assignments available, and other eligibility criteria, based on current policies and contractual agreements.
How does the preferential rehire process work if several laid-off employees apply for the same position?
If several employees apply for the same position under preferential rehire rights, the hiring department will review the resumes in the order in which they were received.
PPSM and many of the labor agreements (Teamsters 2010, UPTE Research, UPTE Technical, AFSCME) provide for reasonable release time with pay for job interviews on campus (and comparable time for interviews on other campuses). Paid release time is provided for you to meet with a campus Employment Analyst to work on your job search efforts (including resume preparation). Talk to your supervisor about the possibility of working on your resume or doing other job search activities that are not disruptive during work time.
Recall rights are rights back to the same department and same classification title held at time of layoff. The responsibilities and requirements could vary but if the department has a need for the classification title, it will refer to their recall list.
Is there a trial period for jobs I accept through recall or preferential rehire? Is this the same as the standard probationary period?
Trial employment applies to preferential rehire, but not to recall. The difference between trial employment and probation is that if you are released during trial employment, you are placed back on layoff status without any loss of time towards your preferential rehire eligibility period.
If I refuse a job offer, how will that affect my eligibility for recall and preferential rehire rights?
Refusing a job offer while you're on preferential rehire or recall status may cause you to lose your preferential rehire and recall rights. The number of refusals allowed varies by policy and union contract, so you should check the contract or policy that governs your employment for details. The recruiter in Employment Services will also give you a layoff checklist that will include this information.
You can apply for as many jobs as you wish, as long as they meet the eligibility requirements for preferential rehire under the contract or policies that govern your employment and as long as you meet the qualifications of the job.
If you accept a job off campus, you can still exercise your preferential rehire and recall rights during your eligibility period. Be sure to verify your eligibility period with your recruiter in Employment Services or your Department Personnel Manager.
What types of jobs does preferential rehire cover? Do they need to be at the same level, hours, salary, etc.?
Preferential rehire covers any open, vacant position for which you are qualified and which is at the same salary or lower salary range midpoint as your former position. If you are covered by a bargaining unit, preferential rehire rights only apply to positions within that bargaining unit.
All University employees have certain rights in relation to layoff, unless they are Managers and Senior Professionals in Salary Grades VIII and IX or in the Executive Management Program. Your rights may vary depending upon the union contract or personnel policy that governs your position. These rights may include preference for reemployment and recall to the job from which you are laid off. You may be eligible for severance pay. To learn what you are eligible for, read the union contract or Personnel Policies for Staff Members that covers your position, in the section(s) relating to layoff or reductions in time.
If you believe your layoff violates the union contract or personnel policy covering your position, you may file a grievance (under union contracts) or a complaint (under Personnel Policies for Staff Members). The grievance and complaint procedures are included in the union contracts and in Personnel Policies for Staff Members.
Information for Employees: Benefits
The UCRP retirement calculation is based on your age and total service credit at time of retirement and your highest average plan compensation (HAPC), the full-time salary rate over any consecutive 36-month period. Therefore, accepting an appointment at a lower compensation level will not reduce your HAPC.
If I am eligible to retire, what steps should I take to maintain eligibility for health and dental insurance as a retiree?
If you meet eligibility requirements, (a University of California Plan member who is age 50 or more with 5 years or more of retirement service credit or a member of a reciprocal retirement plan) the University may continue to contribute toward the cost of your University-sponsored medical and dental coverage when you retire from the University. To be eligible, you must begin receiving monthly retirement income within 120 days of your separation from employment (your coverage in the medical and dental plan must be uninterrupted during this period). Your eligibility for this benefit also depends on the date you were hired and your years of service credit in UCRP or other retirement plan to which the University contributes. For more information, see the Retirement Handbook (PDF), also available from your Department Benefits Counselor.
Some benefits can be continued through the Consolidated Omnibus Reconciliation Act (COBRA). You and/or your eligible family members may be eligible to continue your UC-sponsored medical, dental, vision, and Health Care Flexible Spending Account (Health FSA) through COBRA continuation. Note: All payments under COBRA, including those for the Health FSA, are with after-tax dollars; you must apply within 60 days of receiving a COBRA notice or your layoff date, whichever is later.
Some coverage can be maintained for four months by paying premiums, and then converted: You may continue your Supplemental Life, Dependent Life, Accidental Death, and Dismemberment for up to four months after the month your layoff begins. To make arrangements, contact Angela Dizon (email@example.com or 642-0684) in the Central Payroll Office.
Some coverage can be converted: You may convert your Basic Life, Supplemental Life, and/or Dependent Life (each plan converts from group life to an individual policy) within 31 days of your coverage end date without proof of insurability. For more information, contact the Prudential Life Insurance Conversion Office at 1-877-889-2070, 9:00 am to 5:00 pm, EST.
Some coverage stops: Group disability insurance, Business Travel Accident, and Workers' Compensation end on your last day actively at work.
Generally, you are eligible for unemployment insurance if you are laid off. Contact your local Employee Development Department (EDD) or look on the EDD website to file a claim and locate Unemployment Insurance benefits information.
The EDD Unemployment Insurance booklet is located on the EDD website as follows:
- Go to the EDD website.
- Click on Forms & Publications in the left column under General Information.
- Find Unemployment Insurance Publications and click on Forms and Publications in this section.
- Scroll down to the DE2320 publication, For Your Benefit-California's Programs for the Unemployed, available in English, Spanish, Chinese, and Vietnamese.
Information for Departments
If someone is rehired after receiving severance pay from the University, what are the guidelines for the severance payback?
The department that is rehiring an employee needs to ask whether the employee has received severance from the University. If the employee has, and is still receiving severance, the department that originated the layoff calculates the amount to be refunded to the University. To determine repayment policy, consult the appropriate contract or policy.
In PPSM, for example, if an employee received 12 weeks of severance pay and returned to a career position two weeks after being laid off, at the same or higher salary and at the same percentage of time as the position held at the time of layoff, he would owe the University back pay for 10 weeks. The amount would be calculated based on gross earnings and would be submitted to payroll for processing.
What kind of an agreement should there be between the employee returning severance and the department?
The department and employee work out an arrangement for the payback. Payment can either be made in a lump sum or through payroll deduction. Lump sum payments should be made out to UC Regents. If payroll deduction is chosen, a reasonable payback schedule should be determined. For example, it may be reasonable to ask the employee to have one week of severance deducted from his paycheck for each upcoming month. This agreement should be in writing. Individuals should confer with their personal tax consultants regarding tax implications.
What is the source of funding for severance payments when a layoff occurs and the employee elects severance pay?
Funding for severance payments when a layoff occurs will be made available through department funds. Departments will want to consider the potential obligation to make severance payments as a part of the budget planning process.
Most contracts and policies specify whether or not severance pay is appropriate. For example the UC - Teamsters 2010 agreement specifies that severance pay can be given in lieu of preferential rehire and recall rights. First, read the appropriate contract or policy. Then if you have questions, contact your Employee Relations Specialist to determine whether severance pay can be offered in your layoff situation.
"Special skills" are considered in out-of-seniority layoff actions. There may be situations where a position requires special licensing that the senior person cannot acquire. Or the position may require a credential that cannot be obtained in a reasonable amount of time (3-6 months). The same would hold true if special skills were needed that the senior person could not acquire within a reasonable period of time (3-6 months). Rationales for out-of-seniority layoffs should state that specific skills are required and why the senior person cannot acquire them in a reasonable amount of time.
Your first contact when contemplating a layoff action should be with your Employee Relations Consultant. He/she will help you develop a time line for layoff notice to the employee and the union. In general, we want the employee to be informed as soon as the layoff date has been set.
It's important that you communicate with employees early and often. When you believe layoffs may be possible, keep the staff informed. When you are ready to provide information to the union about specific individuals, tell the employee(s) who are the most likely to be laid off that their position/work is targeted, but that it is in the proposal state. Employees should find out from you, not from the union, that they may be laid off. More detailed information about communications related to layoff may be found in the Communication Guidelines for Departments.
Generally, a layoff is by seniority, which means that the least senior person (amount of service with the University) in the classification is laid off. In some situations certain positions require very "special skills," which may require the retention of the employees in these positions. If this occurs, a more senior person may be laid off first. This is an out-of-seniority layoff. Please see Seniority Provisions Calculations for detailed information.
Because contracts have different provisions, it is best to talk to your Employee Relations Specialist about exact requirements for your situation. However, usually the following is required: proposed layoff date, the reason for the layoff, budget information and other information used by management in reaching the decision, names, classification, seniority points for employees in the same classification, rationale for out-of-seniority layoffs, and "before" and "after" organization charts.
The Labor Relations unit provides the notice to the unions after you provide the information to your Employee Relations Specialist, who will coordinate with Labor Relations. The process for the final notice may take up to a week.
A furlough is that portion of a partial year career appointment during which an employee does not work, planned in advance as part of the schedule. For example, a unit may not need certain staff during the summer months and every year these employees are scheduled to be off for the months of July and August. Furloughs may not exceed a total of three months in a calendar year.
A temporary layoff, however, is usually due to unexpected loss of funding. Staff is laid off for a short period of time (not more than four months) and is then returned to work. Check the applicable contract or PPSM policy for details.
Is there a different notice procedure for laying off a group of employees (five or more) at the same time compared to laying off one or two employees at a time?
The notice procedure for laying off a group of employees at the same time, when they are covered under the same contract, may differ depending on the provisions of the contract. For example the UC Teamsters 2010 agreement specifies that for five or more full time equivalent (FTE) Teamsters 2010 employees being laid off at the same time, the University must notice the union at least 45 days before the layoff date. The union may use this time to meet with the department to discuss the impact of the layoff. Any meeting would be coordinated through the Labor Relations Unit.
Yes. If a career employee's time is reduced, it is considered a layoff, and the employee is entitled to layoff rights. If an employee has a 100% appointment and it is reduced by 20% to an 80% appointment, the employee has layoff rights to a 100% position. This is true no matter what percentage of time this job is reduced to.
A reduction of time is a layoff only if the University tells the employee he must reduce his time. If the employee requests a reduction, it is not a layoff.
For new employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to revoke an offer of employment. For current employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to prohibit the employee’s contact with children. Under the UC Policy on Reporting Child Abuse and Neglect, this can lead to disciplinary action up to and including dismissal.
The current CANRA acknowledgement forms state that an employee must be advised about their reporting requirements prior to employment. How can an existing employee sign this if they weren’t advised?
OGC is aware of this and is working on revising the acknowledgment forms. In the meantime, OGC advises that current employees note the date when they received the acknowledgment form right on the form itself.
No. Employees are asked to sign forms acknowledging their responsibility to report known or suspected abuse in compliance with CANRA. The acknowledgement forms provide employees with a link the complete statute (California Penal Code sections 11164-11174.4) available at Official California Legislative Information.
All current employees who are in mandated reporter positions must sign statements acknowledging that they have knowledge of CANRA and will comply with its provisions. If such statements are not on file, the department must obtain them from the employee.
A department’s HR administrator should indicate on HCM when an employee has signed and completed mandated reporter forms.
Steps to Track Mandated Reporter Form Completion in HCM:
- Navigate to Workforce Administration > Job DataBring up the employee's record.
- Do NOT click to add a new row. (This is the ONLY action in the Job Data section of Workforce Administration that does not require a new row.)
- Click on the Employment Data link at the bottom of the page.
- In the Mandatory Reporting Signature Date field, enter the appropriate date.
- Click the Save button.
- Place the form in the employee’s personnel file.
All new employees who are in mandated reporter positions must sign statements that they have knowledge of CANRA and will comply with its provisions. Campus departments will determine which positions are mandated reporters and obtain the signed forms as a prerequisite to employment. The HR administrator should enter the date the employee signed the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT CHILD ABUSE and the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT SUSPECTED ABUSE OF DEPENDENT ADULTS AND ELDERS (PDF), then place the forms in the employee’s personnel file.
No. The UC Policy on Reporting Child Abuse and Neglect defines "children" as anyone under 18. A mandated reporter has the obligation to report abuse or suspected abuse of a minor. There is no added requirement that a mandated reporter has to be certain the person involved is a minor. The requirement if that the mandated reporter report the suspected abuse.
By UC policy, all University employees, contractors, volunteers or students who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a University facility or at official University activities are encouraged to promptly report their concern. The concern may be reported to their supervisor, to a University official, to the campus police department, or through the University’s compliance hotline.
UC policy currently does not give a definition of what constitutes a "regular basis." Departments should identify job classifications or individual academic or staff employees who are or may be mandated reporters by virtue of their required job qualifications or their University duties or activities.
Do departments need to determine which of their staff members work with minors and designated those employees or administrators as mandated reporters?
Yes. Effective January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. They are required to report child abuse or neglect occurring on the University's premises or at official University activities or programs.
An employee is considered a mandated reporter even if he/she is a minor if an employee's duties require contact with children on a regular basis or if their duties require direct contact and supervision of children.
Yes. Effective January 1, 2013, athletic coaches are considered mandated reporters. This includes, but is not limited to, an assistant coach or a graduate assistant involved in coaching.
UC Berkeley faculty members are not generally considered Mandated Reporters under CANRA, even when students under the age of 18 enroll in their classes. However, some faculty members may be Mandated Reporters under other provisions of the Act. The following are some examples of situations in which a faculty member would be considered a Mandated Reporter:
- Physicians, nurses, and other health professionals;
- Faculty members and other academic personnel who have responsibility for instruction at the preschool, elementary, or high school level such as those who teach high school seminars or who serve as mentors in on-campus high school internship programs;
- Individuals whose University duties require direct contact and supervision of children are Mandated Reporters. This group may include faculty members who hire children under age 18 to assist with scholarship, research, or other academic activities as volunteers or interns.
To determine if a faculty member is considered a Mandated Reporter as of January 1, 2013, the department would need to consider the following:
- Do the faculty member's duties require direct contact and supervision of children?
- Do their duties require contact with children on a regular basis?
- Do they supervise others with such duties?
- If so, they would be considered Mandated Reporters for child abuse or neglect occurring on the University's premises or at official University activities or programs.
What about positions that work in an environment where there are a lot of children, but whose responsibilities do NOT interact with children under 18 (e.g. gardener at University Village, where residents have family members under 18)?
As of January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. A gardener who works in an environment that puts him or her around children would not be considered a Mandated Reporter if he/she is not in direct contact with them, does not supervise them, is not in contact with them on a regular basis, or does not supervise someone who is a mandated reporter.
Do volunteers (non-employees) have to sign the acknowledgement forms if they work for programs that are run or sponsored by the University?
Volunteers in University sponsored programs are generally not considered mandated reporters. However, departments must consider the qualifications or services provided by the volunteer to determine if he or she meets the criteria of a mandated reporter.
Volunteers who direct or manage official University programs could be considered mandated reporters. For example, a volunteer who is a University "official," such as a volunteer who runs a retreat program for kids on behalf of the University, would be considered a mandated reporter.
Does there need to be a statement in the job posting letting prospective applicants know the job falls under the status of a CANRA Mandated Reporter?
Yes, there has to be a statement in the job posting if a position is classified as a Mandated Reporter. A department's HR administrator should indicate in the TAM job posting system when a position falls within mandated reporter requirements. The following language is now stored in the Job Posting Library and, when selected, will populate and be made visible to all applicants subject to reporting requirements:
"This position has been identified as a mandated reporter required to report the observed or suspected abuse or neglect of children, dependent adults, or elders to designated law enforcement or social service agencies. We reserve the right to make employment contingent upon completion of signed statements acknowledging the responsibilities of a mandated reporter."
Steps to Indicate Mandated Reporter Status in TAM:
- Navigate to Job Details > Job Descriptions
- Click on Description Type Mandated Reporter > Description ID Mandated Reporter
- Click on the OK button
This page is a list of all frequently asked questions for the Time Reporting and Leave Accrual Guidelines section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.
Time is reported to the nearest quarter hour only for employees in non-exempt positions. When a non-exempt employee takes time off for sick leave and vacation leave (if it is less than a full day), it is recorded to the nearest 15-minute increment.
For example, if an employee returns from a medical appointment at 17 minutes past the hour, you would record 15 minutes. If the employee returns at 24 minutes past the hour, you would record 30 minutes.
Employees in non-exempt positions accrue vacation leave and sick leave depending on percentage of appointment and time worked, and/or duration of appointment. They can earn overtime and may be paid for it or take compensatory time. Time off and time worked are recorded to the nearest quarter hour. Note: Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding any holidays).
Employees in exempt positions also accrue vacation and sick leave; however, they do not earn overtime or compensatory time. Time off and time worked are recorded in whole-day increments for purposes of pay. A "whole day" may be less than eight hours if an employee’s appointment is less than 100% time.
Time Off (Vacation, Sick, FMLA)
What about a 100% (non-exempt or exempt) employee who works an alternate schedule of 4 (10) hours days (M – Th) and Friday is the day off?
- How many vacation or sick leave hours does the employee take per day?
For both the non-exempt and exempt employees, the sick or vacation hours taken reflect the hours scheduled for the day. In this case it would be 10 hours vacation, or 10 hours sick leave.
- If a holiday falls on Monday, what then?
The non-exempt employee gets the holiday (8 hours), but would need to add 2 hours of vacation (or could work or use comp time to make up the 2 hours). The exempt employee gets the holiday, but would not have to make up the two hours.
- If a holiday falls on Friday, what then?
Both the non-exempt and exempt employees may take another day off.
If an exempt employee has a 90% appointment, how many vacation or sick leave hours does the employee earn for the month?
Looking at the last two columns in the appropriate vacation leave tables, find the row that includes 90% time on pay status. The adjacent row will tell you how many hours of vacation that employee earns.
For example, looking at the PSS vacation leave table, a PSS employee who has less than 10 years of qualifying service on 90% pay status would earn 9 hours of vacation leave per month.
Likewise, looking at the last two columns of the sick leave table, the row that includes 90% time on pay status corresponds to 7 hours earned for sick leave each month.
If an exempt employee has a 90% appointment, how many vacation or sick leave hours does the employee take per day?
It would depend on the exempt employee’s schedule for the particular day of sick or vacation leave. If on one of the sick or vacation days, the exempt employee was scheduled to work 8 hours – it would be 8 hours of sick or vacation leave reported. If on one of the sick or vacation days, the exempt employee was scheduled to work 4 hours – it would be 4 hours of sick or vacation leave.
No. These employees are not hourly workers; therefore, it is contrary to University policy to track time in this way for pay purposes. It would also constitute a falsification of time sheets to deliberately record whole-day absences that had not occurred.
For employees in non-exempt positions, Family and Medical Leave Act (FMLA) leave is recorded in the same way as any leave without pay, sick leave, or vacation leave: to the nearest quarter hour. Compensatory time is not counted toward FMLA leave.
For employees in exempt positions, FMLA leave will normally be recorded in whole day increments. The exception is that if the employee takes FMLA leave as a reduced schedule or as intermittent leave, you should record the time hour-for-hour. Please see the appropriate FMLA section of the Absence from Work Policy (PDF) for a full explanation.
An exempt employee is given holiday pay according to his/her percentage of time. A 50% exempt employee would receive 4 hours for the holiday and get the full day off. (Refer to the Holiday Pay Table percentage column). If the holiday was one in which the exempt employee was scheduled to work 8 hours, the exempt employee does not have to add additional vacation hours, or make up the time that week. However, the exempt employee is still expected to complete the work required for that week; less emphasis is placed on working a specified number of hours.
What if the employee is a non-exempt part-time 70% variable appointment? How are holidays determined?
A non-exempt part-time 70% variable appointment means the employee will generally work at least 50% each month and no more than 70%. (Note: the employee could work more than 70% time if the supervisor required it). Since the employee’s appointment is variable, accrual of holiday time will vary, depending upon the hours worked, which may vary each month.
Example: if the employee worked 102 hours in January 2010, January has 168 hours and 2 holidays (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
At 102 hours, the employee will have accrued 5 hours of holiday pay.
A non-exempt part-time (fixed 70%) employee works 28 hours a week, with the following schedule: M (8 hours), Tu (8 hours), W (8 hours), Th (4 hours) and Friday is the day off. How are holidays determined?
Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding the holiday).
Example:In January 2010, there were 168 working hours, including holidays. (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
To meet a 70% appointment, the employee needs to work 70% of 152 hours, which is 102 hours.
At 102 hours, the employee would accrue 5 hours of holiday pay.
Depending upon hours in a particular month, the employee may have to add comp or vacation time to be sure he/she meets the fixed 70% appointment.
- If a holiday falls on Friday, the employee’s day off, does the employee get the holiday?
Yes. Because the employee is on a fixed percentage of 70%, the employee would get paid for the holiday. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.
- If the employee works on the holiday, what happens?
The employee would get paid for the hours worked. In addition, with supervisory approval, the employee may take another day off - perhaps in the same week. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.
With the exception of certain holidays listed in each contract, an employee required to work on a holiday shall be paid at the employee's regular rate of pay for the hours actually worked. In addition, at the option of the University, an eligible employee shall receive either compensatory time off or holiday pay at the regular straight time rate, including any shift differential. To determine exactly how specific holidays are to be paid, please review Personnel Policies for Staff Members or the correct contract.
Does a non-exempt employee get paid premium overtime for working on Saturday in the following example? A non-exempt employee who normally works 40 hours a week (M – F) takes off 5 sick leave hours in a week, then works on Saturday for 8 hours.
The employee must work more than 40 hours of actual work in a work week to receive premium overtime. This employee should receive 5 hours of overtime straight (OTS) and 3 hours of premium overtime (OTP) for the Saturday work.
Yes, but overtime is based on time on pay status in excess of 40 hours in a work week. If a part-time employee works more than his/her usual hours in a week, but less than 40 hours, it would not constitute overtime. It would simply be additional regular time to be paid. A part-time non-exempt employee can, however, earn more vacation, holiday and sick leave if he/she works over the hours of his/her tandard work week.
Vacation Accrual Maximums
Depending on the contract or policy covering the specific employee, the department is responsible for notifying employees a specific number of calendar or working days before they are due to reach maximum vacation accrual. Employees can also review their accrual by logging into UCPath or checking in CalTime.
Will department budgets be charged when they make a vacation leave adjustment that pushes an employee’s balance over the maximum?
Yes, the system will automatically charge the department budget any time there is a vacation leave adjustment that increases the leave balance.
What happens when someone is at maximum accrual and doesn't accrue vacation leave for the month since no vacation leave was taken in the previous month? Where's the linkage between accrual and usage?
UCPath is programmed to let eligible employees accrue up to their maximum vacation leave amount (two times their annual accrual, prorated for part-time employees). The system will not automatically accrue leave for an employee once the maximum has been reached. Employees can review their accrual balances via UCPath, as well as CalTime. Departments should notify employees 60 days prior to approaching maximum leave accrual and make sure leave is used in a timely manner.
Departments are responsible for managing their workforce with regard to leave balances and workload issues, and must take all pertinent factors into consideration when making business decisions. Sometimes managers and supervisors believe that due to workload they cannot allow employees to take time off, even when the maximum vacation accrual has been reached. It is the supervisor’s responsibility to allow the employee to take time off. The University gives vacation time as a benefit, and employees should be encouraged to use this time to their own advantage. Managers who believe they can never let employees take vacation time need to review departmental priorities and work flow.
Managers are encouraged to be proactive in communicating with employees who are approaching maximum accrual the need to use their vacation time. The policies and contracts state that employees stop accruing leave once they reach the maximum. For further help on workload issues, contact your Employee Relations Consultant.
What if we find ourselves on an accrual reduction “merry-go-round?” That is, some employees like to stay near the maximum and we are always dealing with moving in and out of the four-month extension period (where that extension is allowed by policy or contract).
This type of extension should happen rarely, or only once per employee. The extension should only come into play when the operation cannot allow an employee to take time off. The extension is not automatic. Managers and supervisors have a responsibility to work with employees to schedule time off. The key is to give the employee a range of time during which vacation leave can be taken.
What if we have provided employees with a monthly record of their accruals but have allowed the accruals to accumulate over the stated maximum? Will employees lose what they have accrued?
While no one should ever be allowed to accrue beyond the maximum stated in policy or negotiated in the contracts, if it has been allowed and recorded, it may not be taken away, because it is not legal to do so. The policies and contracts state that employees stop accruing leave once they reach the maximum.
The PPSM, the APM, and the union contracts are available in print and on the web and are available to all employees. Employees and the department know a vacation benefit exists and both share responsibility for knowing the associated rules.
The maximum or accrual cap is the amount designated for the employee’s category, pay status, and years of qualifying service by Personnel Policies for Staff Members, the Academic Personnel Manual, or the union contract. In most cases the maximum allowable accrual is two times the employee’s accrual for one year.
The maximum accruals (caps) have been set by policy for employees covered under PPSM or the APM and negotiated into union contracts for represented employees. It is a violation of the policy or contract to permit employees to accrue beyond the designated maximums.
In almost all cases, departments are to inform employees 60 days in advance of when their accruals will reach the maximum. This gives the employee the opportunity to use enough vacation to remain below the maximum after new monthly accruals are added. The "extension period" of four months, according to individual contracts and Personnel Policies for Staff Members (PPSM), is to be utilized on a one-time-only basis only in the case of a department being unable to let the employee take the vacation that is necessary to bring the accrual below the maximum. The extension period is not to be repeatedly used, nor is it to be used when an employee does not wish to schedule and take vacation as required to bring the balance below the maximum.
Example: Employee covered by PPSM:
A PPS employee will reach maximum on May 1. In the 60 working days prior to May 1, his/her department should work with him/her to reduce his/her vacation balance so that the maximum is not reached.
If there is absolutely no way his/her department can allow him/her to take vacation leave during the 60 working days prior to May 1, then an employee covered by the PPSM potentially has four additional months in which to reduce the balance. The only reason an employee may be allowed an extension period is if the department cannot allow him/her time off due to operational demands. If an “extension period” is considered necessary due to operational reasons, the employee will continue to accrue time.
At the end of the four-month extension, however, time accrual stops. The employee will not accrue additional vacation leave until he/she brings his/her balance below the stated maximum. This means the employee must not only take enough time to get below the maximum, but also use any time accrued during the "extension period." It is important to consult each union contract and PPSM for specifics.
Factor Leave Accruals
All Non-‐exempt and Exempt employees have transitioned to Factor Leave Accruals, with the exception of Exempt Academic titles. Exempt employees in Academic titles will continue to accrue vacation and sick time as they have in the past.
To find out if you hold an Exempt or Non-‐exempt position, do one of the following:
- Login into blu.berkeley.edu with your CalNet ID, and the top left corner of the webpage will display “Non-‐exempt” or “Exempt.”
- If you know your title code, you can go to https://tcs.ucop.edu/tcs/jsp/nonAcademicTitlesSearch.htm.
- If you don’t have online access or are still unsure, please check with your supervisor.
Your accruals are based on your hours on pay status. If the time you are paid for varies, then so will your accruals. Therefore, a full-‐time employee should expect to see the same accruals over the course of the year, while part-‐time employees’ accruals will vary depending on the above.
Note: Leave Without Pay does not count toward sick and vacation accruals.
You can view your accrued vacation and sick leave balances in CalTime or UCPath.
Employees accrue sick and vacation leave as follows:
- Exempt employees accrue leave on the 1st of each month, following the close of each calendar month cycle.
- Non-‐exempt employees accrue leave after the conclusion of every two biweekly pay periods if eligible.
Sick and vacation leave accrual balances are then immediately updated in CalTime and UCPath.
How are factor leave accruals rates assigned? How are my vacation and sick leave accruals calculated?
Vacation and sick leave factor rates are assigned to an employee based on current UC policy and agreed upon union contract terms.
The number of hours you are on pay status is multiplied by your vacation and sick leave factor rate to determine how much leave you have accrued.
Calculation: Factor rate X number of hours on pay status = Amount of vacation or sick leave accrued
For example, if your vacation factor rate =0.057692 and your sick leave factor rate = 0.046154 and you worked 100 hours, you would accrue the following:
Vacation Leave: 0.057692 x 100 = 5.769200 hours
Sick Leave: 0.046154 x 100 = 4.615400 hours
Pay status includes a period of time for which an employee receives pay, such as time worked and paid leave (including compensatory time, vacation, or sick leave).
Your sick and vacation leave accruals are calculated based on factor leave accrual rates. Non-exempts will accrue leave every two biweekly pay periods (quadra‐weekly). The employee’s factor leave accrual rate is multiplied by the number of hours on pay status during a quadra-weekly cycle (160 hours in the case of a full‐time Non‐exempt employee).
Vacation Leave Factor Rate: 0.057692
Sick Leave Factor Rate: 0.046154
Sick Leave Accrued
For Exempt employees, the factor leave accrual rate is multiplied by the number of hours on pay status during a calendar month cycle.
Each calendar month has a different number of working hours. The total number of working hours in a month is calculated by multiplying the number of business days (e.g. Monday to Friday) in that month and by the number of hours in a workday (e.g. 8).
The number of working hours for each month (assuming a full-‐time work schedule) can be found on the Central Payroll website: http://controller.berkeley.edu/number-‐working-‐hours-‐month.
Example of a full-‐time Exempt employee who works the total number of working hours in each calendar month.
Note: Factor rates may vary depending on employee’s eligibility. The following rates are an example only.
Vacation Leave Factor Rate: 0.057692
Sick Leave Factor Rate: 0.046154
Sick Leave Accrued
You can reach out to your Human Resources contact. They should be able to assist you.
Employees in an Exempt academic titles will not accrue leave based on a factor leave accrual rate and will continue to accrue leave as they do currently. Non-exempt academic employees will accrue leave based upon factor accrual rate.
Note: Being an employee who works in an academic department is not the same as being an employee who has an academic job title. Some employees work in academic departments but do not have an academic job title, in which case, they will be subject to the factor leave accrual method.
Your Human Resources contact should be able to inform you of your job title classification.