Employee requests for this leave shall be kept confidential to the extent allowed by law or as necessary to protect the employee's safety in the workplace. The employee shall be given notice before any authorized disclosure (unless the disclosure authorization prohibits disclosure).
The leave can be of any length.
Records related to this leave shall be kept confidential.
5.8.4.9 Crime Victims' Rights Leave (Labor Code § 230.5)
Employees may 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 covered offenses are:
- Vehicular manslaughter while intoxicated
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
Felony stalking
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
The employee is required to provide reasonable advance notice, when possible, to the person in charge. If an employee cannot provide advance notice, 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 police report indicating that the employee was a victim of one of the covered offenses
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
The location must keep confidential any information or documentation identifying the employee (or others) as a victim, except as required by federal or state law or as necessary to protect the employee's safety in the workplace.
5.8.4.10 Domestic Violence Victim, Sexual Assault, and Stalking Leave (Labor Code § 230.1)
Employers may not terminate, discriminate against, or retaliate against victims of domestic violence, sexual assault, or stalking for taking time off from work:
- To seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking
To obtain services from a domestic violence shelter, program, or rape crisis center, or victims services organization or agency
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, to the person in charge. If the employee is unable to give advance notice, the location 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 location must maintain the confidentiality of any employee requesting leave as a victim of domestic violence, sexual assault, or stalking.
Locations 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. Because the range of potential accommodations is extensive, the person in charge must 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. This leave does not create a right for the employee to take unpaid leave that is longer than Family and Medical Leave.
5.8.4.11 Drug and Alcohol Rehabilitation
The 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.
5.8.4.12 Family and Medical Leave
Although 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. Locations should consult the Leave of Absence Guidelines for Managers on the procedures for managing this leave.
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, parent. sibling, grandparent or grandchild who has a serious health condition
For a designated person, which means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.
The employee's own serious health condition that makes the employee unable to perform his or her job
- Active participation in an ongoing drug or alcohol rehabilitation program
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.
Eligibility
Regular 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 Leave
The 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
vacation,
paid sick leave, and eligibility for Family and Medical Leave do not accrue while an employee is on leave. Holidays that fall during a leave of absence are not paid.
Required Certification for Leave
The 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 Schedule
If 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, registered domestic partner, siblings, grandparent or grandchild 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 Leave
The following conditions apply to Family and Medical Leave:
- The length of the leave is not to exceed four months
- A licensed health care provider must certify the medical necessity in writing
- The employee must keep the person in charge informed of any changes in the expected date of return
- Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations.
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. Employees of the Archdiocesan Catholic Center and Cemeteries and Mortuaries are covered by the California State Disability Insurance ("SDI") and Paid Family Leave ("PFL") programs for non-work related disability leave; they are not required to use accrued sick or vacation time during their leave, but they may request that their accrued sick or vacation time be used as a supplement to SDI or PFL leave payments.
Spouses Employed by the Archdiocese
When both parents are employed at the same archdiocesan location, Family and Medical Leave time of 12 weeks for each parent is available for the birth, adoption, or foster care of a child, or for the care of a seriously ill parent. For the policies specifically applicable to pregnant mothers see Pregnancy Disability Leave below.
Procedure to Request Leave
An 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, sibling, grandparent or grandchild an employee must submit a written statement from a licensed health care provider certifying the following information:
- Date of the onset of the serious health condition
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 Leave
All employees returning from Family and Medical Leave must present a licensed health care provider's note fully releasing them to return to work or other appropriate confirmation to the same effect. If a provider releases an employee to return to work with any restrictions, the person in charge 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 Year
A 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 at least three weeks long, begins more than five weeks before the end of the term, and return would occur during the three weeks before the end of the term.
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 Leave and Continuation of Benefits Eligibility
While 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. After four months, the employee will receive notice that he or she is eligible to continue group insurance coverage and will then be responsible for the full premium plus an administrative fee. For questions about premium payments or coverage call the Insurance Department.
Insurance Premium Reimbursement
The archdiocese may seek reimbursement of the employee's share of insurance premiums from an employee who has not paid and who fails to return from leave.
See the
Leave of Absence Guidelines for Managers (English version and
Spanish version), Leave of
Absence Request, Family and Medical Leave Eligibility and Rights and Responsibilities Notice and Family and Medical Leave Designation Notice.
5.8.4.13 Military Family Leave
The 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.
5.8.4.14 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.
5.8.4.15 Military Caregiver Leave
Eligible 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 Member
Covered 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.
Confirmation of Injury or Illness
An 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.
5.8.4.16 Military Spouse Leave
During 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.
5.8.4.17 Military Service Leave
The 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.
5.8.4.18 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:
- Organ donors are provided with a 30-day (workdays) leave of absence in any one-year period
Employees must provide written verification from a licensed health care provider to the person in charge 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. Locations may contact either the Insurance Department or Human Resources for guidance.
See the Leave of Absence Request.
5.8.4.19 Unpaid Time Off for Parents/Guardians: School Matters
Employees 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 School
When 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 Activities
Any 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 or grandparent.
5.8.4.20 Personal Leave
Full-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.
5.8.4.21 Pregnancy Disability Leave
The 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 Unpaid
Pregnancy Disability Leave is unpaid, but employees may use any accrued
vacation or
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.
Employees of the Archdiocesan Catholic Center and the cemeteries and mortuaries are eligible for State Disability Insurance and/or Paid Family Leave.
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 Leave
The 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: State Paid Family Leave is available only to employees of the Archdiocesan Catholic Center and the cemeteries and mortuaries.
5.8.4.22 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. See Workers Compensation Instruction Sheet (English and Spanish).
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 person in charge shall inform the employee that he or she is eligible for a leave of absence under the same terms and conditions as for Family and Medical Leave. However, an employee who is on workers compensation leave is not subject to the strict time limits that apply to Family and Medical Leave and, if the employee requires a longer leave, the location should consult with the Human Resources Department.
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 promptly 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 Insurance Department. Cemetery and mortuary persons in charge can contact the Safety, Compliance and Loss Prevention Manager at 213-864-8584.
Note that workers compensation claims are managed by an outside retained company, Sedgwick Claims Services, which assigns an adjuster to manage an injured employee's claim. The person in charge must take note of the assigned adjuster's contact information and communicate with the adjuster throughout the workers claim process. Employers are required to meet legally mandated deadlines in the workers compensation claim process; failure to meet these deadlines may result in penalties.
See
Reporting an Injury or Accident.
5-7-21, 8-10-21, 8-26-23, 2-10-2024