Our Rights: Taking a Leave of Absence
As UAW-represented employees, we have an enforceable right to take unpaid and paid leave. Our leave balances must be accurate and our requests to take leave cannot be unreasonably denied. However, it can be tricky to understand the differences between our leave options. There are unpaid leave entitlements where our job is protected while we are on leave, like Family & Medical Leave, and there are paid leaves that can be used concurrently with unpaid leave to supplement pay, like Vacation Leave. Read on to learn more about commonly used types of leave.
Quick note on benefits coverage: generally, professional staff on a leave with pay will receive all benefits related to employment that are granted when an employee is on pay status.
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UAW-represented staff won a new right to six months of Childcaring Leave:
after the birth of a child as a birth parent (subject to 12 month limit on total leave);
after becoming a new parent whether biological, adoptive, foster, step-parent, or becoming a legal guardian by taking on the role of a parent for a child.
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UAW-represented staff have an enforceable right to our vacation (or paid time off).
Vacation requests cannot be unreasonably denied.
An approved vacation request cannot be unreasonably canceled.
We also gained one additional floating holiday per year that can be used any time, including during Winter Curtailment, but must be used during the calendar year. Total of two floating holidays.
How vacation leave is accrued:
Begins on the first day of the appointment.
A month on pay status at 50% time or more is counted as a month of qualifying service
Vacation credits are based on hours on pay status, including paid holidays.
Overtime hours are excluded when calculating vacation leave accrual.
See this page for accrual rates.
If you cannot schedule vacation within sixty (60) working days of reaching your maximum due to your work, you have the right to an additional four months to take vacation leave. During those additional four months, you would continue to accrue vacation.
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Through our union contract, newly hired UAW-represented staff can access 3 days of sick leave in advance of accrual within their first 3 months as a career employee at UC.
Sick leave can be used when you or a family member are in need of diagnosis, care, or treatment of a health condition or otherwise need medical care, regardless of whether you qualify for Family & Medical Leave (see below). In addition, sick leave can be used to receive pay and benefits during other leaves of absence which would otherwise be unpaid. If you have questions about using sick leave for these purposes, fill out our union’s Workplace Issue Reporting Form, and a peer union representative from your campus will then reach out to discuss the situation.
How sick leave is accrued:
Begins on the date of hire
Accrues at a factor of 0.046154 per hour on pay status.
Reminders for sick leave:
If you become ill while on vacation, you can switch to using sick leave.
Unused sick leave is not paid out upon termination of employment.
Accrued sick leave is maintained when changing positions within the University.
Staff who are rehired within 12 months of separation should have all unused sick leave reinstated from their previous employment.
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Death of a family member - per occurrence, 10 days, unpaid or paid if supplemented
Death of a household member - per occurrence, 10 days of paid sick leave
Death of any other person - can use 5 days of sick leave per year.
Additional unpaid bereavement leave is available if necessary
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Employees are eligible for paid jury duty by providing a copy of the summons prior to the date(s) of jury duty.
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In general, Family and Medical Leave (FML) is unpaid and up to 12 weeks per year. However, unpaid FML may be supplemented with available paid leaves. In certain cases, while on FML, professional staff will continue to have coverage under UC health plans (medical, dental, and vision) as if on pay status. To access FML, staff must be employed for at least the past 12 months with at least 1,250 service hours before the original start of a leave.
FML can be used in many situations including:
Due to personal health conditions where time off is medically necessary
To care for family member’s or a designated person’s health conditions
When acting as a Military Caregiver (leave increases to 26 weeks total)
When on Pregnancy Disability Leave (PDL) (leave increases to four months total)
After exhausting all FML, professional staff can use Supplemental FML, an additional 12 weeks, as long as the total time on leave does not exceed 7 months.
Link to parental leave + logistics of taking leave
Logistics of taking leave
These are general recommendations. Talk with a coworker or reach out to organize@uaw4811.org for advice on or questions about how to best tailor the rights secured in the contract to your situation.
Before Your Leave Begins
Consider:
What type of leave will you be taking?
Is the leave unpaid or paid?
As soon as possible, notify your supervisor and department that you will be taking a leave, and discuss when you are likely to stop and return to work. If applicable, discuss modified duties or reassignment.
Make arrangements with Human Resources regarding the mix of leaves you will be using.
You can also reach out to your campus’s disability management services to receive reasonable accommodations in conjunction with your leave. You are entitled to engage in the interactive process for reasonable accommodations.
Keep an eye out for requirements of advance notice. Let your supervisor know as far in advance as possible when you need to take a leave, including the expected length of the leave. If that isn’t possible, you may need to provide evidence of the treatment, reason, situation, or event that is the basis for needing to take a leave.
During Your Leave
Notify your department and supervisor when you start your leave.
Inform your department and supervisor of any changes in your leave plans.
If you need an extension of your leave, make a request orally or in writing from your supervisor in advance of your expected date of return.
Returning to Work
Notify your department and supervisor that you are back.
If necessary, have your physician certify your return to work.
If you are on a modified work schedule, complete the appropriate paperwork.
If you are unable to return to work before the expiration of the approved leave, you should notify your supervisor as soon as practicable to explain the reason for the absence before your scheduled start time. Failure to return to work after a leave without approval for extension is considered an unauthorized absence.