Leave Programs

FAQs

General Leave Information

• What leave programs am I eligible for?

  • Please contact the leaves team at up-leaves@sjsu.edu to discuss your options for leave. CSU Employees can determine which leave programs they are eligible for by visiting the CSU Time off/Leave of Absence Programs webpage.

• When should I apply for a leave of absence?

  • If you have an upcoming medical need (i.e., medical treatment, surgery, paternity, maternity, adoption, or caring for an eligible family member), you should notify your department and contact the Leave Program Manager 30 days prior to the effective date of the requested medical leave. If circumstances prevent a 30 day advance notice, you must contact the Leave Program Manager as soon as learning of the medical need.

    If your total time away from work would equal 3 consecutive days or more for a serious medical condition, or if you are caring for a family member with a serious medical condition please contact the Leave Program Manager to discuss leave programs you may be eligible for.

• How do I apply for a medical leave of absence?

  • The first step is to contact the Leave department and set up a meeting to plan your leave of absence. You will need to complete a Leave of Absence Request Form [pdf] (staff)/ Faculty Unit 3 Leave of Absence Request (for) Medical/Parental [DocuSign]  (Faculty) and notify your manager. The only other required form is the Medical Certification Form [pdf] which is to be completed by your or your family members treating physician.

• Am I still be eligible for benefits while on a leave of absence?

  • Eligibility requirements differ depending on your classification and type of leave. Employees are eligible for benefits while on approved Family Medical Leave (FML). If an employee is approved for NDI, benefits will be continued regardless of classification or FTE. Leave without pay may impact benefits.

    • Faculty, Teaching Associates and Staff- Requires an appointment with a time base of at least 0.5 (equivalent to 7.5 weighted teaching units) for at least six months and one day.
      • If a Faculty or Teaching Associates paid leave drops below 0.5 time base, benefits will automatically be canceled. When you meet the eligibility requirements at a future date, you will automatically be reenrolled.
      • If a staff member takes an entire month of leave without pay, benefits will automatically be canceled. When you meet the eligibility requirements at a future date, you will automatically be reenrolled.
    • Lecturers and Coaches- Requires an appointment with a time base of at least 0.4 (equivalent to 6 weighted teaching units) for at least one semester.
      • If the paid leave drops below 0.4 time base, benefits will automatically be canceled. When you meet the eligibility requirements at a future date, you will automatically be reenrolled.
• Will I earn state service while on a leave of absence?

  • Employees earn state service while on a full paid leave. They do not earn state service while on a leave without pay (LWOP) or Non-Industrial Disability Insurance (NDI).

• Is my job protected while I am on leave?

  • Yes , if you have been placed on a formal leave of absence which may incorporate a period of paid and unpaid time. Your job protection is governed by the CSU Collective Bargaining Agreement, CSU Policies and federal and state regulations. Additional information will be provided by the Leave Program Manager.

• What should I do with any doctor’s notes or forms signed by my physician?

  • All medical notes or forms associated with a medical leave of absence should be sent or delivered to the Leave Program Manager in University Personnel. It is not necessary to provide copies of these documents to your manager/department chair or to your department as the Leave Program Manager will keep your department informed of your leave status.

• Can I change my return to work date once I've started my medical leave?

  • Please notify the Leave department as soon as practicable if the dates of your leave change or are extended. The return to work date may be extended or changed to an earlier date based on a Return to Work Certification [pdf] from your doctor. The return to work certification must be provided to the Leave Program Manager 2-3 days prior to reporting to work in order to discuss accommodations with your manager, if applicable.

• How do I return from leave? What if my doctor gives me temporary work restrictions?

  • If an employee is absent for their own illness or injury, they must provide a Return to Work Certification [pdf] from their doctor 2-3 days prior to their return date. If the doctor indicates temporary work restrictions on the return to work certification, the Leave Program Manager will coordinate with the employee’s manager to determine if they are able to accommodate the restrictions temporarily.

• What if I need to take leave intermittently?

  • Leaves for the employee’s own, family member's, or covered service member’s serious health condition can be permitted on either an intermittent or reduced work schedule when medically necessary. For intermittent leave or leave on a reduced work schedule, there must be a medical requirement for that type of leave (as distinguished from voluntary treatments and procedures) and such medical need must best be accommodated through an intermittent or reduced work schedule. Employees needing intermittent CSU FML or a reduced work schedule must make a reasonable effort to schedule leave to avoid disrupting campus operations.

• Can I take leave during my probationary period?

  • Yes, you may apply for leave during your probationary period; however, your probationary period may be extended per your specific collective bargaining agreement. Please refer to the appropriate collective bargaining agreements page for more information.

• Do I still need to pay for my parking pass while on an extended leave of absence?

  • If your leave duration is more than 1 month, you may return your parking pass to Parking Services and they will suspend your parking deduction until you reenroll once you return from leave.

Absence Management

• How do I report my medical leave time in Absence Management while I am on leave?

  • The Leave department will enter any leave credits (sick, vacation, personal holiday, etc.) taken during an approved full or partial leave of absence on your behalf. Since Absence Management is available through the web, you can log into your Employee Self Service and verify the time has been entered for you. If you have been approved for an intermittent leave of absence under the CSU FML, it will be your responsibility to report the FML absences before the end of each month to the Leave department.

• Can I use vacation credits if I am on a medical leave of absence?

  • Faculty, staff or administrators out ill on an approved medical leave through Human Resources are able to use their available sick leave, vacation, Personal Holiday, etc. based on the appropriate leave program. If an employee has exhausted all sick leave credits and is not on an approved medical leave of absence, they may not be able to use their vacation, Personal Holiday, etc. in lieu of unpaid sick leave. Usage of such leave credits are governed by Collective Bargaining Agreement, CSU Policy and Title 5.

• How will I get my paycheck while I am on a medical leave?

  • While on a medical leave using your leave credits, your pay will issue in the same form as your regular pay. When participating in the Non-Industrial Disability Insurance (NDI) program, your pay warrant may not issue from the State Controller's Office on a timely basis. Once your NDI is authorized by EDD, Payroll will have your pay warrant/statement mailed during your leave of absence or issued via direct deposit.

• Do I continue to accrue sick and vacation credit while on a leave of absence?

  • You will continue to earn sick and vacation accruals as long as you receive 11 days of full pay for the pay period.

Medical Leave Programs

• Am I Eligible for Family Medical Leave?

  • The California State University Family and Medical Leave (CSU FML) incorporates both the federal Family and Medical Leave Act (FMLA) and the state California Family Rights Act (CFRA). An employee is eligible for up to 12 weeks in a 12-month period of leave under FMLA/CFRA when the employee has worked for at least one year or AY. Bargaining unit R01, R06, R08, R10, non-represented and student employees need to also have physically worked at least 1,250 hours in the past year. Employees must provide a medical certification [pdf] from their doctor. Additional information may be obtained on the Leave Programs website.

• What circumstances apply to Family Medical Leave (FML)?

  • Qualifying reasons include:

    • Birth, care of and bonding with a newborn child or children of the employee within one year of birth;
    • Placement of a child(ren) with the employee for adoption or foster care and care for the child(ren) within one year of placement;
    • To care for a spouse, son, daughter, parent, sibling, grandparent, grandchild or designated person with a serious health condition
    • A qualifying exigency relating to a close family member’s military service (FMLA only)
• What is a serious health condition?

  • An illness, injury, impairment, or physical or mental condition of the employee or covered family member that includes any period of incapacity or treatment or incapacity requiring absence from work requiring continuing treatment by a healthcare provider.

• When do I need to apply for Family Medical Leave (FML)?

  • CSU designates FML leave following a 3-5 day absences (according to the employee’s bargaining unit)

• Are exempt (salaried) employees able to use intermittent leave or reduced work schedule FML?

  • Yes, FML is an exception to FLSA rules. FLSA allows for partial day docks or use of leave credits (sick, vacation, personal holiday, etc.) for partial absences designated as FML.

• Can I use the State Disability Insurance (SDI) program?

  • The California State University does not participate in the State Disability Insurance (SDI) program, which is administered through the Employment Development Department. Instead, the CSU uses Non-Industrial Disability Insurance (NDI) as the short-term disability program for its employees.

    However, employees who have contributed to SDI through a recent (within 2 years) or concurrent employer may be eligible for this benefit. This can be verified by contacting the Employment Development Department at: (866)758-9768 or through their website at www.edd.ca.gov for more information.

• Am I eligible for the California Paid Family Leave (PFL)?

  • California State University employees are not eligible for the California Paid Family Leave. This benefit is paid through State Disability Insurance (SDI) deductions. California State University employees do not participate or contribute to this program. However, employees who have contributed to PFL through a recent (within 2 years) or concurrent employer may be eligible for this benefit. This can be verified by contacting the Employment Development Department at: (866) 758-9768 or through their website at www.edd.ca.gov for more information.

• What is NDI and when can I use it?

  • NDI is Non-Industrial Disability Insurance, and is administered through the Employment Development Department (EDD). It is a short-term disability program provided by the California State University system for the majority of its employees that have suffered a loss of wages due to a disability or injury that is non-work related. NDI must be certified by a doctor and can only be used for an employee's own illness. An application for NDI can be requested through the Leave Program Manager. For each absence, there is a 7 day unpaid waiting period before benefits begin. The amount you will receive while on NDI varies by collective bargaining agreement.

    • Must be a member of CalPers
    • Must exhaust all available sick leave
    • Maximum benefit is 26 weeks (182 calendar days)
    • Deductions taken are Social Security & Medicare taxes, Union Dues, Parking Fees and Health benefit premiums (voluntary benefit premiums if applicable)
    • Employees do not earn sick/vacation accruals or state service credit while on NDI

    Additional information about this program can be found at the Leave Programs website under the link Non-Industrial Disability Insurance (NDI).

• How do I become eligible for Industrial Disability Leave?

  • A CSU employee who suffers a disability arising out of or in the course of CSU employment may receive IDL benefits if they are an active CalPERS or STRS member and has a disability which has been verified and accepted by the CSU's third party administrator (TPA) for workers' compensation insurance as industrially caused.

• What is the maximum amount of leave I can take for maternity?

  • A female with permanent status may be eligible to take up to one year of unpaid leave for pregnancy, childbirth and recovery. This leave is normally paid for several months and the remaining time is unpaid.

    Eligibility is based on the employee’s Collective Bargaining Agreement or ED Code 89519 for MPPs. Additional information regarding maternity leave may be obtained by scheduling an appointment with the Leave Program Manager.

• How soon do I need to enroll my new child in health benefits?

  • You can add your dependent through self-service. You will need to provide your child's birth certificate record and Social Security number to your University Personnel benefits representative within 30 days of birth. A newborn is covered under your/the employee’s health plan for the first 30 days. Please contact Your UP Representatives for benefits assistance.

• What kind of accommodations for lactation/breastfeeding are available to me?

  • The State of California passed AB 1025, the Lactation Accommodation Law, which provides workplace support for mothers who are breastfeeding. We encourage you to work directly with your appropriate administrator for assistance. If further assistance is needed, contact the Leave Program Manager.

    Women’s Resource Center, located next to Hoover Hall in Modular bldg B, has a lactation room available for the campus community. The Student Health Center also has this accommodation. For additional information, please call the Women’s Resource Center at (408) 924-6500, or the Student Health Center at (408) 924-6122.

For additional information contact up-leaves@sjsu.edu.