Childrearing Leave
Childreading leave consists of parental bonding leave and/or parental leave which is more fully described below.
a. Parental Bonding Leave
An academic appointee who is eligible for family and medical leave (see APM - 715-14) shall be granted un unpaid leave to bond with the appointee's child after the child's birth or placement with the appointee for adoption or foster care, and to attend to matters related to the birth, adoption, or placement of the child for up to twelve (12) workweeks ("Parental Bonding Leave").
Parental Bonding Leave must be concluded within twelve (12) months following the child's birth or placement. Such leave must be taken in increments of at least two (2) weeks; however, an appointee may take such leave in increments of less than two (2) weeks' durtion on any two (2) occasions.
b. Parental Leave
An academic appointee is eligible for a full-time or part-time parental leave without pay for up to one (1) year to care for a child ("Parental Leave"). The child may be the appointee's child or that of a spouse or domestic partner.
c. Interaction with the Family and Medical Leave Entitlement
Parental Bonding Leave under the FMLA and/or CFRA is a form of family and medical leave and shall run concurrently with Parental Leave taken pursuant to this policy. Parental Bonding Leave is more restrictive than Parental Leave. Parental Bonding Leave must be concluded within twelve (12) months following the child's birth or placement. Such leave must be taken in increments of at least two (2) weeks; however, an appointee may take such leave in increments of less than two (2) weeks duration on any two (2) occasions.
d. Pay Status
While both Parental Bonding Leave and Parental Leave are generally unpaid, an appointee may have the opportunity t use accrued leave or other available pay options to continue to receive compensation during such leave as outlined below.
1) Pay for Family Care and Bonding (PFCB)
i. General
In order to support academic appointees' need to take leave to care for their family members, the University offers eligible appointees PFCB, which is a partial income replacement option for up to eight (8) workweeks per calendar year. To be eligible for PFCB, an academic appointee must be on an approved block family and medical leave taken for one of the qualifying reasons below, and the appointee mus tbe taking that leave in a block of a minimum of one (1) workweek.
Family and medical leaves that qualify for the PFCB option are those leaves taken under the FMLA and/or CFRA for the following reasons: (i) to care for a family member with a serious health condition (see APM - 715-0-b for the list of qualifying family members); (ii) for Parental Bonding Leave (see APM - 715-0-d and AM - 760-27); (iii) for Qualifying Exigency Leave (see APM - 715-0-f); or (iv) for Military Caregiver Leave (see APM - 715-17). APM - 715-14 outlines the eligibility requirements for family and medical leaves. PFCB is not an option during any other type of leave.
If an appointee elects to use PFCB for a particular qualifying family and medical leave block leave rather than using paid leave accruals, other available pay options or taking the leave without pay, the appointee must continue to use PFCB until they either exhaust their full eight (8) workweeks of PFCB for the calendar year or that qualifying family and medical leave block leave ends. If their leave ends before they have used the full eight (8) workweeks of PFCB for the calendar year, the remainder is available to use during a qualifying family and medical leave block leave later in the calendar year. For an academic appointee holding an appointment with a definite end date, family and medical leave may not be approved beyond the end date of the appointment; therefore, the PFCB option is not available beyond the end date of that appointment.
An appointee may not use paid leave accruals (vacation, sick leave) or any other available pay option while receiving PFCB.
For participants in the Health Sciences Compensation Plan (HSCP), PFCB interacts with pay options available under the participant's specific School HSCP Implementing Procedures and/or department specific procedures as follows:
a. If an academic appointee is taking a family and medical leave that would qualify for the PFCB option and there is no HSCP pay option available for that leave, the appointee will have the option to use PFCB for that leave.
b. If an academic appointee is taking a family and medical leave that qualifies for the PFCB option and also an HSCP pay option and they would receive more pay with the PFCB option, PFCB will be the option available to the appointee for that leave. If the appointee elects to use that PFCB option for the leave, the appointee's PFCB entitlement would be decremented, and their HSCP entitlement would also be decremented.
c. If an academic appointee is taking a family and medical leave that qualifies for the PFCB option and also an HSCP pay option and the would receive more pay with the HSCP option, HSCP will be the option available to the appointee for that leave. If the appointee elects to use that HSCP option for the leave, the appointee's HSCP entitlement would be decremented, and their PFCB entitlement would also be decremented.
d. If an academic appointee is using an HSCP pay option during an intermittent or reduced schedule family and medical leave that would qualify for PFCB if taken in a block of one (1) workweek or more, the appointee's HSCP entitlement would be decremented, and their PFCB entitlement would also be decremented.
For academic appointees covered by a Memorandum of Understanding (MOU), the MOU governs whether PFCB is available to those appointees and, if so, the terms of PFCB.
ii. PFCB Calculation
The PFCB option provides pay calculated at seventy percent (70%) of an appointee's eligible earnings.
a. Eligible Earnings
Eligible earnings include an appointee's base salary payable through the University. Base salary includes on-scale, off-scale, and above-scale, and X and X-prime (X') components for Health Sciences Compensation Plan (HSCP) participants. Elgible earnings do not include pay that is received in addition to the appointee's regular appointment such as "by agreement" payments, administrative stipends, honoraria, compensation for extension teaching, summer session teaching, any negotiated Y and Z payments for HSCP participants, and any other cash compensation received that exceeds on-hundred percent (100%) of the base salary of the full-time equivalent of the appointee's eligible appointment(s). However, if the appointee's only appointment is for extension or summer session teaching or is a "by agreement" appointment, and the appointee meets all other PFCB eligibility criteria, those earnings are considered eligible earnings.
b. Appointments Established at a Fixed Percentage
If the academic appointee has an appointment established at a fixed percentage, PFCB is based on the salary rate in effect during the appointee's leave.
c. Appointees Reporting Time on a Variable Basis
If the academic appointee reports time on a variable basis, eligible earnings are an average of the appointee's eligible earnings for the three (3) calendar months (for an appointee paid on a monthly basis) or six (6) pay periods (for an appointee paid on a bi-weekly basis) immediately prior to the period in which the leave begins, excluding periods with approved leave without pay. This average is calculated as follows:
(1) For an appointee paid on a bi-weekly basis, the sum of hours paid in the six (6) pay periods immediately prior to the period in which the leave begins is divided by twelve (12) to determin the average hours worked per week. The average hours worked per week is then multiplied by 0.7 to determine the number of hours per week the appointee is to be paid while receiving PFCB.
(2) For an appointee paid on a monthly basis, the sum of the time paid in the three (3) calendar months immediately prior to the period in which the leave begins is divided by three (3) to determine the average time worked per month. The average time worked per month is then multiplied by 0.7 to determine time time per month the appointee is to be paid while receiving PFCB.
If the consecutive three (3) months of six (6) bi-weekly pay periods immediately proceeding the beginning of the leave cannot be used due to approved leave without pay, the look-back period may be extended up to, but no longer than, one (1) year prior to the beginning of the leave, using the most recent applicable pay periods not to exceed the term of the appointment.
iii. Pay and Benefits Considerations
a. Taxability and Deductions
PFCB is considered taxable wages. An appointee's normal deductions are taken form PFCB.
b. Vacation and Sick Accruals
Because an appointee is paid seventy percent (70%) of eligible earnings when receiving PFCB, sick accruals (see APM - 710-18), and vacation accruals (see APM - 730-20-f) are calculated as if the appointee is on pay status for seventy percent (70%) of their normal work effort. For accrual of sabbatical leave credit during PFCB, see APM 715-42.
c. Employment Service Credit
Employment service credit is used to determine years of qualifying service for an appointee's vacation accrual rate and for eligibility for service awards. Appointees accrue one (1) month of employment service credit for each month in which they are on pay status at least fifty percent (50%) time. If receiving PFCB results in a pay status of less than fifty percent (50%) in a given month, an appointee will not receive employment service credit for that month.
d. Retirement Service Credit
Retirement service credit (i.e., service earned as a UCRP member or UC Defined Contribution Savings Choice participant) is earned based upon an appointee's covered compensation and their full time equivalent compensation from a UCRP-eligible appointment. While receiving PFCB, an appointee will continue to make required contributions to retirement plans. An eligible appointee who is receiving PFCB will receive seventy percent (70%) of the retirement service credit they would have earned in the normal work effort.
e. Benefits
Health and welfare benefits deductions will be taken from PFCB in accordance with the appointee's benefit elections. Receiving PFCB does not, in itself, affect benefits status or eligibility. However, benefits regulations affecting return to pay status after a leave without pay will apply if an appointee returns to pay status by receiving PFCB.
2) Other Pay Options During a Childrearing Leave
Accrued sick or accrued vacation leave may be used, at the appointee's option, during a Parental Bonding Leave or Parental Leave that would otherwise be unpaid.
e. Effect on Benefits
An academic appointee on Parental Bonding Leave under the FMLA and/or CFRA, with or without pay, shall be entitled to continue participation in health coverage (medical, dental, and vision) as if on pay status. Other group insurance coverage and retirement benefits shall be administered in accordance with the provisions of the applicable group insurance and retirement sytem regulations.
An appointee on a Parental Leave that does not qualify as a Parental Bonding Leave under the FMLA and/or CFRA is responsible for the continuation of benefits during any unpaid portion of the leave.
Details on how to continue insurance coverage are available from local Benefits Office.