When May a Family & Medical Leave Apply?

When may a Family and/or Medical Leave apply?

It is the policy of the University of California to provide family care and medical leave to eligible employees in accordance with the federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the California Pregnancy Disability Leave Act (PDL).

An employee does not have to specifically mention "family medical leave" nor ask for such a leave in order for the leave to apply to him/her. It is incumbent on the manager/supervisor to make the determination and to classify the time as such, for the protection of both the employee and the University. It is not the employee's choice whether to use the leave, it is the responsibility of the manager to assign the leave, and allowing an employee to save the leave until some future date or event is not permitted under law and UC policy.

It may be necessary to provide an employee with information and forms regarding their rights under FMLA/CFRA/PDL when any of the following events occur:

  • Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity related to inpatient care, or any subsequent treatment in connection with inpatient care (this does not include emergency room care).
  • Any period of incapacity for three consecutive, full calendar days or longer that also involves treatment two or more times by a health care provider.
  • Any period of incapacity for more than three consecutive calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment.
  • Any period of incapacity due to pregnancy or prenatal care.
  • Any period of incapacity or treatment for a chronic serious health condition that is under the supervision of a health care provider.
  • Any period of incapacity which is permanent or long term due to a condition for which treatment may not be effective.
  • Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.

FMLA/CFRA/PDA leaves are unpaid leave; however, there are ways in which one may be paid while on such a leave.