COVID-19 Benefits & Leaves Info

Systemwide COVID-19 Leaves Guidance (updated Feb. 2022)

Extended Emergency Paid Sick Leave (EPSL)

Effective February 19, 2022, through September 30, 2022, UC Berkeley is providing up to 80 hours of 2022 Emergency Paid Sick Leave (2022 EPSL) for our full-time employees and the two-week equivalent for our part-time employees. Employees will be allowed to use 2022 EPSL retroactively to January 1, 2022. In addition, 2022 EPSL also provides eligible employees until September 30, 2022, to use any remaining hours from their 2021 EPSL entitlement. There is no extension for the EPSL program after it ends on September 30, 2022, but you may use the EPSL retroactively after September 30, 2022, should you need to.

Who’s Eligible for 2022 EPSL?
All UC Berkeley employees (including represented) are eligible for 2022 EPSL if there is work for the employee and one or more of the six qualifying reasons below prevents the employee from being able to perform that work. Employees hired on or before September 30, 2021, who did not exhaust their 2021 EPSL entitlement are also eligible to use any remaining 2021 EPSL entitlement during the 2022 EPSL period if one or more of the six qualifying reasons apply. All new employees are eligible to access 2022 EPSL leave right away as needed for any of the qualifying reasons.

Qualifying Reasons

• Quarantine or Isolation Order: The employee is unable to work or telework because the employee is subject to a quarantine period related to COVID-19 as defined by an order or guidance of the California Department of Public Health (CDPH), the federal Centers for Disease Control and Prevention (CDC), or a local public health officer with jurisdiction over the workplace.
• Isolate or Self-Quarantine: The employee is unable to work or telework because the employee has been advised by a health care provider to isolate or self-quarantine due to COVID-19.
• Testing, Diagnosis, and/or Vaccination: The employee is unable to work or telework because of any of the following:
  • The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
  • The employee has been exposed to COVID-19 and is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19.
  • The University has requested that the employee obtain a diagnostic test for, or a medical diagnosis of, COVID-19, and the employee is seeking or awaiting those results.
  • The employee is attending an appointment for themselves or a family member to receive a vaccine or vaccine booster for protection against COVID-19.
  • The employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster.
• Caring for a Family Member: The employee is unable to work or telework because they are caring for a family member who is either subject to a quarantine or isolation period related to COVID-19 (as defined by an order or guidance of the CDPH, the CDC, or a local public health officer with jurisdiction over the workplace) or who has been advised by a health care provider to self-quarantine or isolate due to COVID-19.
• Closure of School/Child Care: The employee is unable to work or telework because the employee is caring for their child whose school, place of care, or child care provider is closed or otherwise unavailable for reasons related to COVID-19.
• Positive Test: The employee is unable to work or telework because the employee tests positive for COVID-19 or because the employee is caring for a family member who tests positive for COVID-19.

If you still have remaining EPSL from 2021 here’s what you need to know: 2022 EPSL provides all our employees with new leave, and it also provides those eligible with additional time to use any remaining hours from their 2021 EPSL entitlement.

Here are some examples:

• If you’re a full-time employee and you used 40 hours of your 80-hour 2021 EPSL entitlement, you may use 120 hours during the 2022 EPSL period (40 remaining 2021 EPSL hours + 80 new hours).
• If you’re a full-time employee and you did not use any of your 80-hour 2021 EPSL entitlement, you may use 160 hours during the 2022 EPSL period (80 remaining 2021 EPSL hours + 80 new hours).
• If you’re a full-time employee and you exhausted your 2021 EPSL entitlement or were never eligible for 2021 EPSL, you may use 80 hours of 2022 EPSL.

You can find the2022 Emergency Paid Sick Leave Notice and Request form here. If you’re not comfortable submitting the form directly to your supervisor you can instead submit it to your HR Business Partner, who will in turn relay that you are using EPSL for the specified dates without providing the reason.

Managers and supervisors can refer to the process map for guidance on how to submit requests to Berkeley Regional Services.

CalOSHA "Excluded Employee" Leave

For employees excluded from work and otherwise able and available to work, employees shall continue and maintain earnings, seniority and all other employee rights and benefits, including the employee's right to their former job status, as if the employee had not been removed from their job. Employees must use all available COVID-19 related leaves and any sick leave. Once such leaves are exhausted, employees will be placed on paid administrative leave subject to the following:

• Employees with “COVID-19 exposure” must be excluded from the workplace for at least 10 days after the last known “COVID-19 exposure” to a “COVID-19 case.”
• “COVID-19 cases” must be excluded from the workplace until the return-to-work requirements are met.
• Employees who have not been excluded or isolated by the local health department need not be excluded by the employer if they are temporarily reassigned to work where they do not have contact with other persons until the return-to-work requirements are met.

CalOSHA "Excluded Employee" Leave Timekeeping & Tracking

There is no special code in CalTime, just regular paid administrative leave.

According to responses to the Employee Morale Survey, one of the greatest challenges for employees right now is dependent care. The Back-Up Dependent Care Program aims to help. If you're planning to participate, make sure you understand the tax implications. This program offered care through June 30, 2021.

The Rec Sports Department has developed three unique youth program offerings for the children of essential UC Berkeley faculty and staff members. These engaging programs meet and adhere to City of Berkeley guidelines for camps and recreational programs, California Department of Public Health guidelines for day camps, guidelines of the American Camp Association, National Afterschool Association, USA Gymnastics, and USA Skateboarding. For specific program information and registration details, please see their website.

The California Family Rights Act (CFRA) was amended, effective January 1, 2021. The following changes to CFRA will affect FML administration at UC:

• CFRA is expanding the category of family members for whom an employee may take leave to provide care to include grandparents, grandchildren, siblings. 

• In addition, CFRA is expanding the category of children for whom an employee may take leave to provide care. The child no longer has to be under 18 or an adult-dependent child.

• CFRA is also expanding the reasons for which leave may be taken to include Qualifying Exigency Leave. Qualifying Exigency Leave is leave taken because of a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

In light of the above, here is guidance for implementation at UC for all represented and non-represented staff employees effective January 1, 2021: 

Leave to Care for a Family Member with a Serious Health Condition:FML-eligible employees who are requesting FML to care for a family member with a serious health condition, will be able to take leave to care for the following family members:

• Spouse

• Domestic partner

• Child (including adult children)

• Parent

• Grandparent

• Grandchild

• Sibling

The above relationships are broadly defined to include not just blood relatives but also step-relatives, and relatives by virtue of adoption, foster care, and legal ward/legal guardian relationships. In-laws are not included.

“In loco parentis” relationships also qualify, which means that (a) “parent” includes a person who had day-to-day responsibilities to care for the employee or financially supported the employee when the employee was a child, and (b) “child” includes a person for whom the employee has day-to-day responsibilities to care for the child or financially supports the child.  

If FML is taken to care for a spouse, domestic partner, child (under 18 years of age or incapable of self-care because of a mental or physical disability), or parent, this leave would use an employee’s entitlement(s) under the FMLA and CFRA to the extent that the employee has such entitlement(s) available.

If FML is taken to care for a non-disabled adult child (18 years of age or older), grandparent, grandchild, or sibling, this leave would only use an employee’s entitlement under the CFRA to the extent the employee has such entitlement available. 

Qualifying Exigency Leave: 

• The information in the Absence from Work Policy regarding what circumstances constitute qualifying exigencies for purposes of Qualifying Exigency Leave will apply for purposes of CFRA as well as FMLA. 

• If FML is taken as Qualifying Exigency Leave, this leave would use an employee’s entitlement(s) under the FMLA and CFRA to the extent that the employee has such entitlements available. 

Impact on FML Leave Entitlement:Given this expansion of CFRA, there will be more situations where the reason the employee is taking FML will qualify under the FMLA or CFRA, but not both. Therefore, if the employee exhausts their entitlement under one statute, the employee may still be able to take additional FML during the calendar year under the other statute. For example, when an employee exhausts their full CFRA entitlement (12 work weeks) during a leave to care for a sister with a serious health condition (which is not a qualifying family member under the FMLA), the employee still has up to 12 work weeks of FMLA entitlement remaining that they can use later in the calendar year for any FMLA-qualifying reason. 

Benefits:An employee who is on an approved FML leave under the FMLA and/or CFRA will continue to have coverage under the University’s health plans (medical, dental, and optical) as if on pay status. 

The Absence from Work Policy is in the process of being updated to reflect the changes to CFRA. The FML provisions in collective bargaining agreements will be updated to reflect the CFRA changes when successor agreements are negotiated.  The FML forms impacted by these changes are also being updated. We’ll let you know when the new forms are available.

As we start hybrid work either on-site, at home or a mix of the two, please refer to these resources:

Daily Symptom Screener - Paper Form

COVID-19 Safe Campus Initiative

Response to alleged COVID-19 cases: Staff & Faculty Flowchart Guide for Department Leads, Supervisors, Chairs, and more

What To Do If You Think You Were In Contact With A COVID-19 Case - Flowchart Guide (Students)

Our Voluntary Separation Program for Staff page has full details including Program Guide, FAQ's, Application Forms and more.

Layoff Information

Transition Services

If you're considering relocating due to or during COVID-19, read the Temporary Move FAQs.