Leave Programs

Generally, full-time or part-time Faculty, Staff and Administrators (MPP) may be granted full or partial leaves of absence with and without pay depending on the circumstances and duration of the leave request. Eligibility guidelines are subject to appropriate Collective Bargaining Agreements, specific policies, applicable legal agreements, and current state and federal legislation. There are several types of leave of absences that may be granted to employees depending on the circumstances of the leave and the appropriate collective bargaining unit of the employee.

Faculty, Staff and Administrators (MPP) who are in need of an extended leave from the university should review the types of leave programs available below.

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Catastrophic Leave

The CSU Catastrophic Leave Donation Program allows employees to voluntarily donate sick and/or vacation leave credits to employees that are totally incapacitated due to a catastrophic illness or injury, and have exhausted all leave credits, including any sick, vacation, personal holiday or CTO credits. Family illnesses that are deemed catastrophic, requiring an employee to be absent to care for an immediate family member, are also eligible for the CSU Catastrophic Leave Donation Program.

Depending on the employee category, an employee who accrues vacation or sick leave credits, may voluntarily donate a certain number of accrued hours to another employee deemed eligible for catastrophic leave. The amount of hours that can be donated during a fiscal year vary per employee category.

Catastrophic leave donations are not transferable between campuses. An employee can donate to or receive credits from employees at his/her respective campus only.

The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation, for a period of up to three months. Donated leave credits may also be used to supplement Industrial Disability Leave (IDL), Nonindustrial Disability Insurance (NDI) or Temporary Disability (TD) payments upon the application for these benefits(s) by an eligible employee. An employee cannot receive Catastrophic Leave in lieu of benefits through a disability program.


Disability

Each Benefit is Subject to Approval

For additional information, please contact the CSU, Stanislaus Benefits Administrator at (209) 667-3353

Catastrophic Leave Donation Program (CLDP)

  • 6-month maximum benefit period
  • Benefit period begins when all leave credits are exhausted
  • Benefit payment depends on number of leave credits donated
  • May supplement NDI

CSU Family Care & Medical Leave (FML)

Combines benefits of the Federal & State Laws:

  • Family Care & Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
  • 12 weeks in a 12-month period
  • Intermittent absences of 480 hours in a 12-month period
  • May be paid or unpaid leave depending on other available benefits
  • Runs concurrently with all other disability benefits (i.e., leave credits, donated leave credits, NDI, IDL)
  • University continues contribution toward health insurance premiums

Disability Retirement with California Public Employees' Retirement System (CalPERS)

  • If less than age 54, Disability Retirement provides a higher benefit
  • Lifetime benefit available as provided by CalPERS

Industrial Disability Leave (IDL)

  • Benefit for Accepted Worker's Compensation Claims Only
  • 1-year maximum benefit period
  • Full pay for 1st 22 work days
  • 2/3rds pay for extended disability period

Long Term Disability Insurance (LTD)

Available only to the following units:

  • Unit 1, Physicians
  • Unit 3, Faculty
  • Unit 4, Academic Support
  • Management Personnel Plan (MPP)
  • Benefits as stated in the Standard Insurance Company Policy

Leave Without Pay (LOA)

Nonindustrial Disability Insurance (NDI)

26-week maximum benefit period. Benefit period begins when sick leave credits are exhausted

  • Benefit payment depends on bargaining unit:
  • E99, Excluded: $125/week
  • Unit 1, Physicians: $135/week
  • Units 2, 5, 7, 9, CSUEU: $250/week
  • Unit 3, Faculty: $125/week
  • Unit 4, Academic Support: $125/week
  • Unit 6, Skilled Crafts: $125/week
  • Unit 8, Public Safety: $125/week
  • Unrepresented: $250/week


Family Medical Leave

The CSU Family Medical Leave (FML) provides eligible employees up to twelve (12) weeks leave to care for self or eligible family members. The CSU FML incorporates both the Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave entitlements.

The CSU FML 12 week entitlement is calculated on a forward rolling basis, within a 12-month period, from the date the employee's FML leave begins. CSU FML tracks concurrently with most leave programs except the California Pregnancy Disability Leave.

CSU FML is available to eligible employees who become seriously ill; need to care for a newborn or a child placed in the home through adoption or foster care; or need to be away from work to care for a seriously ill family member. Eligible family members under CSU FML include a child, parent, spouse or a registered domestic partner.

Employees requesting CSU FML for self are required to exhaust existing sick leave, vacation, personal holiday and CTO prior to being placed on unpaid FML. (Treatment of vacation for represented employees may differ. Please refer to the appropriate collective bargaining agreement.)

Employees requesting FML to care for an eligible family member must exhaust existing vacation, personal holiday and CTO. Existing sick leave credits may be used by mutual agreement as defined in the CSU leave policy and appropriate collective bargaining agreement.

While on paid CSU FML, benefit premiums, including health, dental, vision, group life and long term disability continue to be paid by the CSU without a lapse in coverage. During periods of unpaid CSU FML, only health, dental and vision premiums will continue to be paid by the CSU.

The following legislation is incorporated into the CSU FML leave:

  • Family Medical Leave Act - 29 United States Code, Sections 2601 et seq;
  • California Family Rights Act - California Government Code SSSS12945.1,.2 and 19702.3; and
  • California Code of Regulations, Title 2, Division 4, SSSS7297 et seq

Resources


Industrial Disability Leave

The Industrial Disability Leave (IDL) Program is a wage continuation program, in lieu of Workers' Compensation Temporary Disability (TD) benefits for CSU employees who have suffered a work related injury or illness. Employees deemed eligible for this benefit also must be members of the California Public Employees' Retirement System (CalPERS) or the State Teachers Retirement System (STRS).

The IDL benefit will be equivalent to the full amount of the injured employee's salary for the first 22 days of the work related injury or illness (a three day waiting period may apply). Thereafter, IDL benefits will be equivalent to two-thirds of the employee's salary, payable for the next eleven months of disability.

IDL payments are based on the actual number of workdays the disabled employee is absent. An eligible employee may receive IDL payments for a period not to exceed 52 weeks within two (2) years from the first day of disability. The 52-week eligibility period is equivalent to 365 calendar days.


Maternity & Paternity Leave

Family Care & Medical Leave (FML) 

Entitles eligible employee up to 12 weeks of time off, in a 12-month period, for a serious health condition or to care for a new child. In the case of pregnancy/childbirth, FML does not require the mother be disabled or that the child be ill.

  • Must have been employed for at least one academic year or 12 months preceding leave.
  • For pregnancy/childbirth, the FML 12 weeks cannot commence until the Government Code pregnancy disability entitlement ends.
  • This period of time may be paid or unpaid, depending upon other benefits available.
  • This provision guarantees the employee time off from work and a right to return to the same/comparable position.

Nonindustrial Disability Insurance (NDI)

Provides paid benefits for eligible female employee up to 6 weeks for normal pregnancy/delivery and up to 26 weeks for complications of pregnancy/delivery or other extended disabilities.

  • This benefit begins when sick leave credits are exhausted. Employee may elect to use other leave credits in addition to sick leave prior to applying for NDI benefit.
  • This program runs concurrently with other programs.
  • This provision guarantees the female employee time off from work and a right to return to her same/comparable position.

Adoption Leave (MP)

Provides paid leave for eligible employee commencing with the first workday concurrent with, or next following, the arrival of a new child. This paid leave is not charged against employee's leave credits. It applies to the birth of an employee's own child or the placement of a child with the employee in connection with adoption or foster care.

  • Refer to CSU policy/Memorandum of Understanding for appropriate number of days of full pay.
  • This leave runs concurrently with FML and/or pregnancy leave under the Education Code.

Sick Leave

May be used according to CSU policy/Memorandum of Understanding.

Pregnancy Disability Leave- Government Code

Entitles female employee up to 6 weeks of time off for normal pregnancy/delivery and up to 4 months for extended disability related to pregnancy and/or childbirth.

  • This period of time may be paid or unpaid, depending upon other benefits available.
  • This provision guarantees the female employee time off from work and a right to return to her same/comparable position.

Pregnancy Leave - Education Code

Provides permanent female employee up to 12 months of time off due to pregnancy/childbirth.

This time off is not predicated upon disability.

  • This period of time may be paid or unpaid, depending upon other benefits available.
  • This program runs concurrently with other leave programs.


Non-Industrial Disability (NDI)

The CSU Catastrophic Leave Donation Program allows employees to voluntarily donate sick and/or vacation leave credits to employees that are totally incapacitated due to a catastrophic illness or injury, and have exhausted all leave credits, including any sick, vacation, personal holiday or CTO credits. Family illnesses that are deemed catastrophic, requiring an employee to be absent to care for an immediate family member, are also eligible for the CSU Catastrophic Leave Donation Program.

Depending on the employee category, an employee who accrues vacation or sick leave credits, may voluntarily donate a certain number of accrued hours to another employee deemed eligible for catastrophic leave. The amount of hours that can be donated during a fiscal year vary per employee category.

Catastrophic leave donations are not transferable between campuses. An employee can donate to or receive credits from employees at his/her respective campus only.

The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation, for a period of up to three months. Donated leave credits may also be used to supplement Industrial Disability Leave (IDL), Nonindustrial Disability Insurance (NDI) or Temporary Disability (TD) payments upon the application for these benefits(s) by an eligible employee. An employee cannot receive Catastrophic Leave in lieu of benefits through a disability program.


Leave Programs - FAQs

What is the maximum amount of leave I can take?

A permanent female employee may take up to one year of leave for pregnancy, childbirth or recovery. This leave may be paid or unpaid depending on benefits available and is not predicated upon disability. (Ed Code 89519)

What is the maximum amount of PAID leave I can take?

This will depend on several things such as how much sick leave you have accrued; whether you choose to apply for Non-Industrial Disability Insurance (NDI); how many days of paid maternity leave are available to you; and how much vacation you have accrued.

Below is an example of a typical maternity leave:

Sick Leave NDI Paid Maternity Vacation Non-paid Leave
5 weeks 3 weeks 6 weeks 4 weeks varies
Employee Category Number Of
Eligible Paid Days
Timeframe Guidelines for the Paid Maternity/Paternity/Adoption Leave
Unit 1
(Physicians)
20 Days Commences with the arrival of the employee's new child, and days run consecutively.
Units 2, 5, 7, 9
(CSEA)
30 Days Commences within 60 days of the arrival of the new child. Once the leave begins, the days run consecutively. Leave may only be taken in daily increments
Unit 3
(Faculty)
30 Days Commences within 60 days of the arrival of the new child, and days run consecutively.
Unit 4
(Academic Support)
20 Days Must be initiated within one year of the new child's arrival. Days do not have to be taken consecutively.
Unit 6*
(Skilled Trades)
30 Days Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement.
Unit 8
(Public Safety)
30 Days Commences with the arrival of the employee's new child, and days run consecutively.
Unit 10
(IUOE)
none Not available to employees within this employee category.
Confidential
(C99)
30 Days Commences within 60 days of the arrival of the new child, and days run consecutively. Leave may only be taken in daily increments.
Management Personnel Plan
(MPP) (M80)
30 Days Commences within 60 days of the arrival of the new child, and days run consecutively.
Executive
(M98)
30 Days Commences within 60 days of the arrival of the new child, and days run consecutively.
Excluded (E99, including TAs) none Not available to employees within this employee category.

*Effective July 1, 2004
References: Represented Employees - Appropriate C/B agreement C99, M80 – HR 2002-21; HR 1999-09 M98 – HR 2002-32

Is my job protected while I am on leave?

There are federal and state laws that protect a woman's right to take maternity and family leave. There are also provisions in the CSU Collective Bargaining Agreement and CSU Policies regarding maternity and family leave. Since the application of these laws, provisions & policies can be complex, it is best to make an appointment with Kelly Mode to discuss your specific situation.

Do I need to request my leave in writing?

Yes, you should put your anticipated leave dates in writing to your supervisor and cc Human Resources. You should include your anticipated last day of work and return to work date. Of course, if your doctor should take you off work early for medical reasons, these dates may need to be adjusted.

Do I need a note from my doctor?

When your doctor takes you off work, you must provide Human Resources a written statement from him/her excusing you from work.

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

In most cases you must indicate your return to work date when you begin your leave. Generally your leave may be extended beyond your original return to work date for medical necessity only.

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

A newborn is covered under his/her mother's health plan for the first 30 days. You must provide your child's name & birthday to Human Resource (staff & management employees) or Faculty Affairs (faculty employees) within 30 days of birth in order to maintain continuous coverage.

How will I get my paycheck while I am on leave?

You may make arrangements with your department or contact payroll to have your paycheck mailed to your home while you are on leave.