5.8.4 Leaves of AbsenceThe archdiocese provides a wide range of leaves for employees. Each kind of leave has its own particular preconditions and requirements; therefore, locations should consult the Leave of Absence Guidelines for Managers (en Espanol) and the
Human Resources Department when necessary.18.104.22.168 Bereavement LeaveIf a person considered to be a member of an employee's immediate family (e.g., spouse, parent, spouse's parent, sibling, child, registered domestic partner, grandparent, spouse's grandparent, or grandchild) dies, the employee may take up to three days' leave of absence with pay. If more than three days are required, the employee shall use accrued
vacation hours. Employees who have no vacation time available may request an unpaid
personal leave of absence.22.214.171.124 Jury DutyThe archdiocese considers participation in the judicial system a civic responsibility and encourages staff to perform jury duty when called. Except if locations provide otherwise, employees will receive full pay for five consecutive workdays over any one-year period when performing jury duty. Employees who are called to serve more frequently shall use accrued
vacation hours. Employees who have no vacation time available may request an unpaid
personal leave of absence for jury duty service.
Staff members may ask the court to be excused from jury duty or postpone jury duty if in their opinion their absence would create serious operational difficulties. However, the court, not the employer, reviews and responds to such requests.Teachers and other 10-month employees should request to defer jury duty service to periods when they are not on work assignment for their location.While performing jury duty, staff members have certain responsibilities to the archdiocese including:
Notifying the person in charge of work availability when not actually serving on a jury and reporting to work whenever work time would exceed two hours
Being available for consultation during or after regular working hours if not serving as a juror during these hours;
non-exempt employees must be paid accordingly
Reporting jury duty absences on
time sheets or attendance reports, as applicable
126.96.36.199 VotingPolls are open from 7:00 a.m. until 8:00 p.m. on Election Day. An employee who finds it difficult to get to the normal voting place during these hours may write to the Registrar of Voters seven days or more before the Election Day and request an absentee ballot. Or if necessary, the staff member may take up to two hours of paid time off to vote at the beginning or end of the work day if there is no other way to vote because of an extended work schedule. The employee must notify the person in charge three days before Election Day if it is necessary to take this time off to vote.
188.8.131.52 Witness DutyStaff members must notify the person in charge immediately upon receiving notification to serve as a witness. If required by law to be a witness in court in a personal matter, an employee shall use accrued
vacation time. An employee who has no vacation time available may request unpaid time off. The time off will be paid if the employee is called to testify on behalf of the archdiocese or in a matter related to work in which the employee is not the complaining party.184.108.40.206 Civil Air Patrol LeaveVolunteer members of the California wing of the civilian auxiliary of the U.S. Air Force ("Civil Air Patrol") are provided with up to 10 days per year of unpaid time off to respond to emergency operation missions. The leave for a single emergency operation mission cannot exceed three days, unless the emergency is extended by the entity in charge of the operation and the person in charge of the employee's location approves the leave extension.Exempt employees who
do no work at all during the entire day while they are on leave may have their time off deducted from their accrued
vacation time. Non-exempt employees who require a civil air patrol leave may, but are not required to, use their accrued
vacation time for their leave. Non-exempt employees may also
request make-up time (see Make-Up Time Request Form for Non-Exempt Employees). Employees who elect to not use vacation time will receive unpaid leave.A call or summons to service and proof of service must be provided to the person in charge.220.127.116.11 Volunteer Civil Service LeaveEmployees who are volunteer firefighters, reserve peace officers, or emergency rescue personnel are provided with time off to perform emergency duties. In addition, such employees are provided with up to 14 calendar days off per year for fire, law enforcement, or emergency rescue training. A call or summons to service and proof of service must be provided to the person in charge.Exempt employees who do no work at all during the entire day while they are on leave shall have their time off deducted from their accrued
vacation time. Non-exempt employees who require a civil service leave shall use their accrued
vacation time for their leave. Non-exempt employees may also request make-up time (see Make-Up Time Request Form for Non-Exempt Employees). Employees who have no vacation time available may request unpaid time off.18.104.22.168 Victims, Witnesses, and Advocates LeaveEmployees and paid staff who are victims, witnesses, or advocates for victims of crimes may take time off to attend proceedings related to the criminal process or to seek medical care. The employee can take this leave after providing notice of the scheduled proceeding to the person in charge; such notice is provided to victims by the courts, prosecuting offices, or victim advocate offices. Employees who require leave for medical reasons may use up to three (3) paid sick days before using accrued
vacation time. For all other types of leave the following rules apply:
Non-exempt employees who require a crime-related leave shall use their accrued
vacation time for their leave. Non-exempt employees may also request make-up time (see Make-Up Time Request Form for Non-Exempt Employees).
Employees who have no vacation time available may use any accrued paid
sick time. In the event no time-off benefits are available, the employee may request unpaid time off.
22.214.171.124 Crime Victim LeaveEmployees who are victims of crime or whose immediate family member (spouse, child or stepchild, sibling or stepsibling, parent or stepparent, guardian) is a crime victim may take time off to appear in court to attend judicial proceedings related to the crime. The employee can take this leave after providing notice of the scheduled proceeding to the person in charge; such notice is provided to victims by the courts, prosecuting offices or victim advocate offices.
The leave can be of any length. However, the time off from work must be used to attend judicial proceedings related to a:
Felony theft or felony embezzlement
126.96.36.199 Crime Victims' Rights LeaveEmployees may also take time off to appear in court or attend any proceeding where their rights as a victim of a covered offense are at issue. The employee is requested to provide reasonable advance notice, when possible. The covered offenses are:
Felony child abuse likely to produce great bodily harm or a death
Assault resulting in the death of a child under eight years of age
Felony domestic violence
Felony physical abuse of an elder or dependent adult
Solicitation for murder
A serious felony, such as kidnapping, rape, or assault
Hit-and-run causing death or injury
Felony driving under the influence causing injury
Specified sexual assault
If an employee cannot provide advance notice of the need to take leave to appear in court or attend any judicial proceeding or proceeding where the rights of the victim are at issue, the employee must provide the person in charge as soon as possible with the required documentation to confirm the court appearance or proceeding. Acceptable documentation may be:
A court order protecting or separating the employee from the perpetrator of a covered offense
Other evidence from the court or prosecuting attorney that the employee has appeared in court
Documentation from a health care provider or counselor that the employee was undergoing treatment resulting in victimization from a covered offense
To the extent allowed by law, the employer must keep the information provided confidential.An employee who is absent to attend proceedings related to a crime may not be terminated, discriminated against, or retaliated against. This protection extends to compensation or other terms, conditions, or privileges of employment. It also includes protection of seniority.
188.8.131.52 Domestic Violence Victim, Sexual Assault, and Stalking LeaveEmployers may not terminate, discriminate against, or retaliate against victims of domestic violence, sexual assault, or stalking for taking time off from work:
To obtain services from a domestic violence shelter, program, or rape crisis center
To obtain psychological counseling for domestic violence, sexual assault, or stalking
To participate in safety planning, including obtaining pertinent court orders or arranging for and becoming relocated
To qualify, employees must give advance notice, if feasible. If the employee is unable to give advance notice, the employer may request certification of the circumstances requiring time off in the form of a police report, a court order of protection, or documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse.To the extent allowed by law, the employer must maintain the confidentiality of any employee requesting leave as a victim of domestic violence, sexual assault, or stalking.Employers are required to provide reasonable accommodations for employees who are victims of domestic violence, sexual assault, or stalking, and who request an accommodation for their safety while working. The person in charge shall consult with the
Human Resources Department if he or she is notified by an employee that the employee is a victim of domestic violence, sexual assault, or stalking and seeks accommodation.184.108.40.206 Drug and Alcohol RehabilitationThe archdiocese will reasonably accommodate any employee who voluntarily enters an
alcohol or drug rehabilitation program as part of the archdiocesan
Family and Medical Leave policy. Reasonable accommodation includes allowing time off or an adjustment of hours for participation in the rehabilitation program. The location is not required to provide time off with pay. However, at their option, employees may use accumulated
sick leave or
vacation. Employees who have no sick leave or vacation available are entitled to unpaid time off.
220.127.116.11 Family and Medical LeaveAlthough the archdiocese is not covered by most laws pertaining to Family and Medical Leave, in accordance with the Church's teachings on social justice, the archdiocese as a matter of policy has chosen to extend this benefit to all locations and all staff members. The archdiocesan policy is patterned after state and federal rules and regulations.Family and Medical Leave is a leave of absence without pay for incapacity due to:
Pregnancy, prenatal medical care, or childbirth
Care for a child after birth (also known as baby bonding leave) or placement for adoption or foster care with the employee
Care for a spouse, registered domestic partner, son, daughter, or parent who has a serious health condition
The employee's own serious health condition that makes the employee unable to perform his or her job
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a licensed health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
An employee with a serious health condition involving a period of incapacity of more than three consecutive calendar days may take a leave of absence, provided eligibility requirements are met.
EligibilityRegular full-time and regular part-time employees who are regularly scheduled to work at least 20 hours per week in any job classification and have been employed by the archdiocese at any location for at least 12 months preceding the leave are eligible for Family and Medical Leave. The 12 months of employment need not be consecutive provided that the continuous break in service is not more than seven years. However, employees are eligible for
Pregnancy Disability Leave at any time after the date of hire, regardless of the minimum hours worked or length of service. Eligibility for Family and Medical Leave for the birth of a child, adoption, or placement of a foster child expires 12 months from the birth, adoption, or placement date.Maximum Length of LeaveThe maximum length of Family and Medical Leave is 4 months (16 weeks) of leave within any 12-month period. The 12-month period for Family and Medical Leave is measured forward from the date the employee begins his or her Family and Medical Leave. For example, an employee whose initial leave of absence begins on May 1 may take up to 4 months of Family and Medical Leave during the 12-month period between May 1 and April 30, with eligibility for another 4 months of Family and Medical Leave effective May 1 of the next year.Time-off benefits such as
paid sick leave, and eligibility for Family and Medical Leave do not accrue while an employee is on leave.Required Certification for LeaveThe length of the leave is determined and certified in writing by a licensed health care provider and is not to exceed the leave maximum designated for the type of leave taken. The employee is required to inform the person in charge promptly if the health care provider changes the expected return to work date. The person in charge should notify the appropriate administrator or the
Human Resources Department of any changes in the employee's return date. Employees not returning to work on the date in the provider's release may be considered to have
voluntarily resigned unless other arrangements have previously been made.Intermittent Leave or Reduced Work ScheduleIf medically necessary, intermittent leave or a reduced work schedule is permitted for a serious health condition of oneself or to take care of a parent, child, spouse, or registered domestic partner with a serious health condition. A licensed health care provider must certify the illness. Only the amount of time the employee takes off can be counted as Family and Medical Leave. An employee on an intermittent leave or a reduced work schedule may be transferred temporarily to a different job that could better accommodate recurring periods of leave. The job should offer equivalent pay and benefits.Conditions of LeaveThe following conditions apply to Family and Medical Leave:
Leave Is Unpaid
Family and Medical Leave is unpaid, but employees may use any accrued
sick time or
vacation, where applicable, during their leave. This paid time off will be counted against the Family and Medical Leave entitlement. Employees who have elected
voluntary disability insurance coverage may choose to apply for their disability benefit if they are taking a leave for their own illness. Employees receiving disability payments cannot simultaneously receive sick or vacation pay.Spouses Employed by the ArchdioceseWhen both parents are employed at the same archdiocesan location, Family and Medical Leave time is limited to a total of four months for both parents together for the birth, adoption, or foster care of a child, or for the care of a seriously ill parent.Procedure to Request LeaveAn employee requiring Family and Medical Leave must:
Submit it to the person in charge and the appropriate administrator for approval at least 30 days in advance of a foreseeable leave (i.e., birth of child, adoption, etc.) or with as much advance notice as is possible
Employees are required to provide certification and periodic recertification supporting the need for the leave. For leave to care for oneself or an ill parent, spouse, registered domestic partner, or child, an employee must submit a written statement from a licensed health care provider certifying the following information:
Duration of the condition
Pertinent medical facts
Verification of the need for the employee to care for the seriously ill individual or of the employee's inability to perform his or her job functions
Estimate of the amount of time required to care for the ill family member or for the employee's return to good health
If requesting leave to take care of a service member (Military Caregiver Leave), an employee must provide a written statement from a U.S. Department of Defense authorized health provider or Veterans Affairs health care provider confirming that the covered service member's injury or illness was incurred in the line of duty on active duty and requires care
Return to Work and Extension of LeaveAll employees returning from Family and Medical Leave must present a licensed health care provider's note fully releasing them to return to work. If a provider releases an employee to return to work with any restrictions, the employee's location administrator will give the employee a list of his or her essential job duties to help the provider evaluate the employee's ability to return to work. Employees must present their provider's written certification confirming their fitness for duty and ability to perform the essential functions before being allowed to return to work.Employees on Family and Medical Leave of up to four months, and up to 26 weeks for Military Caregiver Leave, are assured of reinstatement in their former position or in a job of equivalent status and pay upon their return to work.
An employee who has exhausted the four-month Family and Medical Leave may request and be granted an extension of leave as a reasonable accommodation for a qualified disability. Note however, that an employer is not required to provide an indefinite leave of absence if another reasonable accommodation is available. An employer's decision to extend leave may be based on the needs of the location and its budget constraints. If an extension of leave is granted, the person in charge should send a written notice of approval to the employee.Employees who are absent for more than four months and whose leave of absence is not extended as a reasonable accommodation for a qualified disability cannot be assured of return to their position and their employment may be terminated. An employee who does not return to work on the date given in the licensed health care provider's release and for whom no other accommodation is made is considered to have
voluntarily resigned.Leave at the End of the School YearA school may require an employee employed principally in an instructional capacity to continue a leave until the end of a school term under the following conditions:
The leave is more than two weeks long, begins less than five weeks before the end of the term, and return would occur during the two weeks before the end of the term.
The leave is more than five working days and begins less than three weeks before the end of the term.
If a school is considering an extension of leave, it must consult with the
Department of Catholic Schools or the archdiocesan
Office of the Legal Counsel.Insurance Coverage During LeaveWhile on Family and Medical Leave, the employee's
group insurance coverage will continue at the regular premium cost for a period of four months. Employees are responsible for making their payments to the employer; the employer continues to pay the employer's share of the cost.Insurance Premium ReimbursementThe archdiocese may seek reimbursement of insurance premiums from employees who fail to return from leave, unless their failure to return is the result of continuing or recurring serious health conditions that would entitle them to Family and Medical Leave or other circumstances beyond their control.Continuation of Benefits EligibilityAccording to the archdiocese continuation of benefits process, employees who are still disabled after four months or who do not return to work after four months may continue their
group insurance coverage for 18 months, but they are responsible for the cost of the entire premium plus an administrative fee. Premium payments should be mailed directly to the health insurance administrators.
Leave of Absence Guidelines for Managers (English version and
Spanish version – HR intranet; username and password required)[update form required],
Absence Request (HR intranet; username and password required)[update form], Family and Medical Leave Notice of Eligibility and Rights and Responsibilities Notice (HR intranet; username and password required)[update form], and
Family and Medical Leave Designation Notice (HR intranet; username and password required).18.104.22.168 Military Family LeaveThe archdiocese provides various types of leave for current and former members of the Armed Forces, National Guard, and Reserves. The rules that apply to each of the leaves can be complicated; therefore, if an employee requests military-related leave, consult the
Human Resources Department for guidance. Additional information is available from the U.S. Department of Labor in
The Employer's Guide to Military Family Leave Under the Family and Medical Leave Act.22.214.171.124 Military Qualifying Exigency Leave
Eligible employees with a spouse, son, daughter, or parent in the regular Armed Forces, National Guard, or Reserves who is on active duty or call or order to active duty status in support of a contingency operation in a foreign country may take a leave of absence to address certain qualifying exigencies, which may include:
Attending certain military events
Arranging for alternative childcare
Addressing certain financial and legal arrangements
Attending certain counseling sessions
Attending post-deployment reintegration briefings
Exigency leave is an additional qualifying reason available to an employee to take Family and Medical Leave of up to 4 months in a 12-month period as defined by archdiocesan policy. An employee requesting Military Qualifying Exigency Leave must provide written documentation confirming the military member's active duty status or call to active duty status in support of a contingency operation.126.96.36.199 Military Caregiver LeaveEligible employees may take up to 26 weeks of leave to care for a covered service member during a single 12-month period. The employee must be a spouse, son, daughter, parent, or next of kin of the covered service member.
Covered Service MemberCovered service members include:
A current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy; is in outpatient treatment; or is on the temporary disability retired list for a serious injury or illness
A veteran of the Armed Forces (including a member of the National Guard or Reserves) discharged within the five-year period before the family member first takes Military Caregiver Leave to care for the veteran and who is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness
A veteran who was dishonorably discharged is not a covered service member.
The period between enactment of the legislation on October 28, 2009, and the regulations' effective date of March 8, 2013, is excluded in determining the five-year period for covered veteran status.Confirmation of Injury or IllnessAn employee requesting Military Caregiver Leave must provide a written statement from a U.S. Department of Defense authorized health provider or Veterans Affairs health care provider confirming that the covered service member's injury or illness was incurred in the line of duty on active duty and requires care.188.8.131.52 Military Spouse LeaveDuring a period of military conflict, a spouse of a member of the Armed Forces who has been deployed to a combat zone, or of a member of the National Guard or Reserves who has been deployed, is entitled to take up to 10 days of unpaid leave during the time that the member of the Armed Forces, National Guard, or Reserves is on leave from deployment. The employee must be employed for more than 20 hours a week, provide notice of at least two business days after receiving official notice of the deployment leave, and submit written documentation certifying that the member of the Armed Forces, National Guard, or Reserves is actually on deployment leave during the requested time off.See the
Leave of Absence Request. 184.108.40.206 Military Service LeaveThe archdiocese provides leaves of absence without pay for all
regular full-time or part-time employees who enter military service for active duty. If an employee is returning from military service and meets the eligibility requirements for reemployment as defined by the Uniformed Services Employment and Reemployment Rights Act (USERRA), he or she will be restored to the job and benefits the service member would have attained if he or she had not been absent due to military service or, in some cases, a comparable job.
For employees fulfilling a six-year Reserve obligation, the archdiocese pays the difference between the military base pay and the employee's base salary for two weeks a year. For absence owing to military duty over the paid two weeks, the employee will be placed on unpaid leave without loss of employment or service time.See the Leave of Absence Request. 220.127.116.11 Organ and Bone Marrow Donors' Leave
An employee who chooses to donate organs or bone marrow to another person is provided with the following leaves that can be paid if the employee has accrued sick time or vacation available:
Bone marrow donors are provided with up to a 5-day (workdays) leave of absence in any one-year period
Employees must provide written verification to their supervisor and the
Human Resources Department of the need for the leave, stating they are an organ or bone marrow donor and that there is a medical necessity for the donation. The employee must use
sick time and
vacation if available. In the event no time-off benefits are available, the employee may request unpaid time off. Leave for the purpose of donating bone marrow or an organ may not run concurrently with
Family Medical Leave.
18.104.22.168 Unpaid Time Off for Parents/Guardians: School MattersEmployees who are the parents/guardians of a child have the right to take time off from work in order to handle matters related to the child's education.
Non-exempt employees who require parental time off shall use their accrued
vacation time for their leave. Non-exempt employees may also
request make-up time (see Make-Up Time Request Form for Non-Exempt Employees). Exempt employees who do no work at all during the entire day while they take parental time off shall have their time off deducted from their accrued
vacation. Employees who have no vacation time available may use any accrued paid
sick time or may request unpaid time off.Suspension from SchoolWhen an employee who is the parent/guardian of a student who has been suspended from school receives a request to appear at the student's school, the employee is entitled to take the unpaid time off for the school appearance. The employee must provide reasonable notice to the employer.Participation in School ActivitiesAny employee who is the parent/guardian or grandparent having custody of a child is entitled to time off from work in order to participate in the activities of the child's school or day care facility.The employee must provide reasonable notice to the employer. Such employees are entitled to take up to 8 hours off each month, up to a maximum of 40 hours per year, in order to participate in the child's school or day care activities.The employer may request that the employee provide documentation verifying that the time was actually spent participating in the stated activities. However, the employer must accept whatever documentation the school or day care provides the parent/guardian.22.214.171.124 Personal LeaveFull-time employees may apply for an unpaid, personal leave of up to four months if they have used up all their
vacation time and either have exhausted all other time off or are not eligible for any other leave. Employees may be reinstated to their former or similar position
only if they return to work within 60 calendar days. The archdiocese may consider granting a maximum of 12 months for educational purposes. Employees may continue
insurance coverage while on approved personal leave of up to four months, but they are responsible for the entire cost of the premium.Personal leaves require written approval from the person in charge; at the
Archdiocesan Catholic Center, personal leaves of more than 30 days require written approval of the moderator of the curia.See the Leave of Absence Request. 126.96.36.199 Pregnancy Disability LeaveThe archdiocese provides Pregnancy Disability Leave for up to 18 weeks per pregnancy for pregnancy-related conditions. Pregnancy disability leave must be certified by a physician's note. After completing her Pregnancy Disability Leave, a woman may take up to three months (12 weeks) of additional
Family and Medical Leave to stay home and care for her child (baby bonding leave).
A woman may take up to 18 weeks leave for pregnancy disability based on the number of days or hours she is normally scheduled to work. For example, for a full-time, 40-hour/week employee, 18 weeks is equivalent to 720 hours or 18 weeks x 40 hours. For a part-time, 20-hour/week employee, 18 weeks is equivalent to 360 hours or 18 weeks x 20 hours.Covered pregnancy conditions include pregnancy, childbirth, or related medical conditions including but not limited to "morning sickness," lactation-related medical conditions such as mastitis, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, loss or end of pregnancy, or recovery from loss or end of pregnancy.Pregnancy disability leave must be certified by a note from the woman's physician or other appropriate health care provider.Leave Is UnpaidPregnancy Disability Leave is unpaid, but employees may use any accrued
sick time, where applicable, during their leave. This paid time off will be counted against the Pregnancy Disability Leave entitlement. Employees who have elected
voluntary disability insurance coverage may choose to apply for their disability benefit if they are taking a leave for their own pregnancy. Employees receiving disability payments cannot simultaneously receive sick or vacation pay.Benefits During Pregnancy Disability Leave
An employee is eligible for up to 18 weeks of benefits coverage during Pregnancy Disability Leave and up to 12 additional weeks of benefits coverage during Family and Medical Leave for a maximum of up to 30 weeks. The employee is responsible for her regular premium cost and must make arrangements with her administrator to pay premiums.Reinstatement After Pregnancy Disability Leave and Family and Medical LeaveThe employee returning from Pregnancy Disability Leave or a combined Pregnancy Disability/Family and Medical Leave is guaranteed a right to the same position or, under certain circumstances, to a comparable position.Note: Because the archdiocese is
exempt from California Unemployment Insurance and Disability Insurance programs, Paid Family Leave is not available to employees.188.8.131.52 Workers' Compensation Leave
Employees of the archdiocese are covered under a self-insured plan approved by the state, which guarantees that work-related injuries or illnesses that cause employees to be unable to work are covered under
Workers' Compensation, pursuant to the laws of the State of California.If an employee is injured on the job and a physician certifies that he or she is unable to perform the essential functions of the job, the employee is eligible for a leave of absence equivalent in length and conditions to
Family and Medical Leave.
If an employee is released to return to work with restrictions, the location may not automatically assume the employee cannot perform his or her job duties. The location is required to engage in a discussion with the employee and, where necessary, the employee's physician, about potential accommodations to determine whether the qualified injured worker can perform the essential functions of the job without creating an undue hardship for the location or creating a significant risk to the health and safety of the individual or others. Additional information can be obtained by contacting the
Human Resources Department at the Archdiocesan Catholic Center.See
Reporting an Injury or Accident.