Santa Clara University

Human Resorces

Section 600: Benefits and Leave

601. Statutory Benefits

Statement

Santa Clara University offers a program of employee benefits designed to enhance the well-being of its employees. In compliance with Federal and State laws, the University provides the following statutory benefits to all of its eligible employees, as defined by Federal and State law.

Procedure
Social Security

Most employees participate in the Social Security Program through a mandatory payroll deduction. Social Security provides a retirement benefit for individuals who have worked the number of years required for eligibility. Other benefits may include disability income, survivor, dependent, and medical benefits. The amount contributed, which is matched by the University, is based on rates determined and established by the Social Security Administration.

Worker’s Compensation

The University provides a no-fault Worker’s Compensation insurance program. If an employee is unable to work because of on-the-job injury or illness, Worker’s Compensation covers medical expenses and pays a portion of lost wages based on the nature of the injury.

Unemployment Insurance

Most employees of the University are covered by the State Employment Security Law. Under the provisions of this law, employees of the University who become totally or partially unemployed, and who meet the eligibility requirements as set forth in the law, may be eligible to receive unemployment compensation.

Responsibility

Social Security: It is the responsibility of Human Resources to properly deduct social security contributions.

Worker’s Compensation: It is the responsibility of the employee to immediately notify the supervisor of any work related injury or illness in order to receive worker’s compensation.

Unemployment: It is the responsibility of the employee to notify the Employment Development Department in the event he/she may be eligible and seeks to receive unemployment compensation.

Resource

Social Security Administration: Contact the nearest SSA office for more information or Human Resources.

Worker’s Compensation: Contact Human Resources for additional information.

Unemployment: Contact the nearest Employment Development Department for more information or Human Resources.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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602. Health Care Benefits

Statement

The University values the health and well being of its employees and their families. Under this policy, the University provides a comprehensive healthcare benefit program available to all eligible employees and their families.

Procedure
Eligibility

All regular employees of the University working at least 20 hours a week are eligible for healthcare coverage provided by the University. Eligible family members, whose eligibility has been defined by the University's contract with the provider, may be covered by these plans provided the employee pays the required contribution.

These benefits become effective on the first day of the month coinciding with or following the date of hire provided the appropriate paperwork has been completed and submitted to Human Resources within the first 31 calendar days of employment. Employees who fail to submit paperwork within 31 calendar days of date of hire will be ineligible for coverage until the next plan year.

An employee or covered spouse or dependent who becomes ineligible for healthcare coverage may continue group health insurance coverage in accordance with federal and state COBRA guidelines.

Responsibility

It is the responsibility of the employee, as a new hire, to choose a health plan within 31 days of his/her date of hire. During the open enrollment period, the employee has the option of changing plans. It is the responsibility of Human Resources to notify employees of the open enrollment period, as well as changes to the health care insurance benefits.

Resource

Refer to the Comprehensive Benefits Guide (on the HR web site) for co-payment, deductible, claim filing, and coverage information. Contact Human Resources for questions about eligibility or more information regarding this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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603. Short Term Disability

Statement

Santa Clara University employees are covered by a mandatory short-term disability plan. This is in lieu of California State Disability Insurance and is approved by the Employment Development Department (EDD). This policy addresses procedures to follow in the instance of a non-work related short term disability of the employee.

Procedure
Definition

A disability is any non-job related illness or injury, either physical or mental, including pregnancy, childbirth or related medical condition, that prevents you from doing your regular work. A disability benefit period is the continuous period of unemployment and disability, beginning with the first day you are eligible for benefits. Two consecutive periods of disability due to the same or related cause or condition, and separated by a period of not more than 14 days shall be considered as one disability benefit period.

Eligibility

In the event an employee becomes disabled and is unable to work because of a non-job related injury or illness, short term disability replaces part of the employee’s income until he/she is able to return to work. All California employees of Santa Clara University are eligible for coverage under this plan. Individuals employed on or after the effective date of the plan are eligible for coverage on the date of their employment. Employees pay premiums for this coverage through automatic payroll deductions.

Waiting Period

Benefits will commence on the 8th day of disability (including the weekend). If you meet the waiting period, you are required to apply for the appropriate type of leave of absence. Contact Human Resources for assistance.

Amount of Benefit

The amount of benefit will be based on the Short Term Disability Plan Document in effect at the time of disability (please refer to the Human Resources web page for specific information regarding level of benefits).

Contribution

Employees covered under this policy shall make contributions in an amount equal to or less than the contribution rate established by the California Employment Development Department for the state SDI plan each year. Employees will be notified of the disability contribution rate for the following year no later than December 31 of the prior year.

Certification

The employee must produce medical documentation in cases of disability. The certificate must contain a statement of medical facts, including secondary diagnoses, within the physician’s knowledge, based on a physical examination and documented medical history. However when an employee is hospitalized in any medical facility, certification will be accepted from any authorized medical officer within that facility.

To insure the health and safety of the employee who plans to return to work after a short term disability leave of absence, a doctor’s release must be obtained and presented to Human Resources before the employee may resume work.

Responsibility

It is the responsibility of the employee to contact the supervisor, and Human Resources to notify them of a disability. Upon notification, it is the responsibility of the supervisor to provide the employee with information regarding the Family Medical Leave Act (FMLA). The employee must also provide proper documentation substantiating the disability. In the instance a leave is applied for, the proper request form must be submitted to the supervisor.

Human Resources monitors the administration of disability insurance, leaves, and benefits.

Resource

Refer to the Long Term Disability Plan Document found in the Comprehensive Benefits Guide (on the HR web site). Refer to the Family & Medical Leave (614), Pregnancy Disability (621), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for more information regarding this benefit.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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604. Long Term Disability

Statement

Santa Clara University employees are covered by a voluntary long term disability insurance plan provided by the University.

Procedure
Definition

Long term disability (within the first 24 months) is defined as the employee’s inability to perform the material duties of his or her own occupation with reasonable continuity, or the inability, because of decreased hours or reassignment, to earn more than 80% of pre-disability earnings. After the first 24 months, long term disability continues if the employee continues to be unable to perform with or without reasonable accommodation, the primary functions of any gainful occupation which is consistent with the skill, experience, and education of the employee or if the employee is unable to earn more than 80% of pre-disability earnings while working in the prior position or in any other position.

Eligibility

All Santa Clara University regular employees working at least 20 hours a week are covered under this policy. In order to receive benefits, the disability must be continuous for at least 360 days.

Amount of Benefits

Employees will receive 66 2/3% of prior monthly earning to a maximum of $6000 per month. Pre-disability earnings are determined by the last full day of active work prior to disability. Benefits will be reduced by any dollar amount received as worker’s compensation, social security, disability benefits from another insurance company, retirement plan, settlement agreements, and any wages earned. The benefits will be reduced so that the combined income does not exceed 100% of pre-disability earnings.

Monthly benefits for Total Disability caused by or contributed to by mental or nervous disorders will not be payable beyond an aggregate lifetime maximum duration of twenty-four (24) months unless the insured is in a hospital or institution at the end of the twenty-four (24) month period. The monthly benefit will be payable while so confined, but not beyond the Maximum Duration of Benefits.

Duration

See the chart below to determine maximum benefit periods.

Age When Disability Occurs Maximum Benefit Period
59 or younger To age 65
60 5 years
61 4 years
62 3 years, 6 months
63 3 years
64 2 years, 6 months
65 2 years
66 1 year, 9 months
67 1 year, 6 months
68 1 year, 3 months
69 or older 1 year
Certification

A claim form must be filed no later than 90 days after the 360 day waiting period of the occurrence of the disability. A completed Attending Physician Statement signed by the doctor and documentation from other benefits sources applied for must accompany the claim form.

Responsibility

It is the responsibility of the employee to contact the supervisor and Human Resources to notify them of the disability. In order to receive long term disability benefits, the employee must ensure that the proper certification has been filed with the plan administrator.

Resource

Refer to the Long Term Disability Plan Document found in the Comprehensive Benefits Guide (on the HR web site). Refer to the Family & Medical Leave (614), Pregnancy Disability (621), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for more information regarding this benefit.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

605. Life Insurance and Accidental Death and Dismemberment

Statement

Santa Clara University provides group term life insurance and accidental death and dismemberment protection in the amount of $75,000, respectively. Per IRS Regulations, the value of insurance coverage beyond $50,000 will be taxed as imputed income.

Procedure
Eligibility

All regular employees of the University working at least 20 hours a week are eligible for group term life insurance and accidental death and dismemberment coverage provided by the University. These benefits become effective on the first day of the month coinciding with or following the date of hire provided the appropriate paperwork has been completed and submitted to Human Resources. Under accidental death and dismemberment, the insurance company will pay a benefit if an employee sustains certain bodily injuries while insured under this policy. The injuries must result directly from an accident independent of all other causes.

Responsibility

It is the responsibility of Human Resources to administer this policy and insure that appropriate premiums are paid in a timely manner. It is the responsibility of the employee to designate a beneficiary of the insurance.

Resource

Refer to the Comprehensive Benefits Guide (on the HR web site) for claim filing and coverage information. Contact Human Resources for questions or more information regarding this policy.


Policy Approved: October 23, 1998
Last Updated: December 2013

Maintainer: Human Resources

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606. Flexible Benefits

Statement

Santa Clara University offers eligible employees a flexible benefits program. Under this program eligible health care premiums, as defined by the plan document, will automatically be taken from an employee's pay check on a pre-tax basis, unless the employee has designated these premiums be taken on an after-tax basis. In addition, an employee can establish a Flexible Spending account to tax shelter eligible medical and/or dependent care expenses. This plan is governed by Section 125 of the Internal Revenue Service Tax Code.

Procedure
Eligibility

Please refer to Health Care Benefits (602) for eligibility information.

Responsibility

Employees who do not wish to have premiums deducted on a pre-tax basis must sign a waiver form available in Human Resources. If an employee wishes to establish a flexible spending account, it is his/her responsibility to enroll either during the initial enrollment period (within 31 calendar days of the date of hire) or during the benefits open enrollment period. It is the responsibility of Human Resources to insure that the proper payroll deductions are made.

Resource

Please refer to the Comprehensive Benefits Guide (on the HR web site) for additional information. Contact Human Resources for more information on this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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607. University Retirement Plan

Statement

Santa Clara University provides a retirement plan for all eligible employees. The University offers its retirement plan through the Santa Clara University Defined Contribution Plan and provides investment options through designated fund sponsors.

Procedure
Eligibility

Any regular employee who works at least 1000 hours per calendar year is eligible for participation in the Santa Clara University Defined Contribution Plan. This plan has a two year vesting period. The vesting clock will continue as long as the employee meets the eligibility requirements and in accordance with the plan document.

The University makes a designated contribution based on an employee’s base pay. This contribution is made on a semi-monthly basis coinciding with the pay date. Plan contributions begin on the first day of the month coinciding with or next following the date of hire provided the appropriate paperwork has been completed and submitted to Human Resources.

An eligible employee can change his/her fund sponsor once a year during the open enrollment period.

Responsibility

It is the responsibility of the employee, as a new hire, to choose a retirement vehicle within 31 days of his/her date of hire. An employee who does not enroll within this time period will have his/her retirement defaulted. During the open enrollment period, the employee has the option of changing carriers. It is the responsibility of Human Resources to notify employees of the open enrollment period and of any changes to the retirement plan.

Resource

Contact Human Resources if you have any questions or if you would like more information regarding this policy. Specific information regarding designated fund sponsors may be found on the Human Resources web site or you can contact the appropriate fund sponsor.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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608. Supplemental Retirement Plan

Statement

Santa Clara University provides a supplemental retirement plan for all eligible employees. This plan allows participants to make tax-sheltered contributions to a retirement account. The University offers its supplemental retirement plan through the Santa Clara University Tax-Deferred Annuity Plan (403(b)) and provides investment options through designated fund sponsors.

Procedure
Eligibility

Any regular employee is eligible for participation in the Santa Clara University Tax-Deferred Annuity Plan on the first of the month coinciding with or immediately following the date of hire.

The amount of the contribution is determined by the employee, but must be an amount that does not exceed the employee’s statutory exclusion allowance under Section 403(b) or the limitations of Section 415 or 402(g) of the Internal Revenue Code, whichever is less. The tax-deferred contribution is made on a semi-monthly basis coinciding with the pay date. The contribution becomes effective on the first day of the pay period following the completion of a Salary Reduction Agreement, and an enrollment application.

Responsibility

It is the responsibility of the employee to complete the appropriate documentation to establish a Supplemental Retirement Account. It is also the responsibility of the employee to verify that he/she has not exceeded the annual contribution limits as allowed by the applicable laws. It is the responsibility of Human Resources to ensure that proper contributions are made and forwarded to the appropriate fund sponsor in a timely manner.

Resource

Contact Human Resources if you have any questions or if you would like more information regarding this policy. Specific information regarding designated fund sponsors may be found on the Human Resources web site or you can contact the appropriate fund sponsor.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

609. Education Benefits

Statement

The University grants education benefits to provide opportunities for personal and educational development for all benefits eligible employees taking Santa Clara University courses for credit. It also grants tuition remission for spouses and children of eligible employees. Spouses and children pursuing an academic degree (matriculating) will be granted tuition remission for one degree, graduate or undergraduate.

Procedure

Eligibility

Santa Clara University Courses

Current benefits eligible employees who have at least one year of continuous service with the University are eligible for tuition remission for themselves. Current employees who have at least three years of continuous service with the University are eligible for tuition remission for their spouses and children. Verification of dependent status is required for all undergraduate courses.

FACHEX

Eligible employees who have at least three years of continuous service with the University are eligible for tuition remission for their dependent children. Verification of dependent status is required. Participation in this program is in lieu of eligibility for enrollment at Santa Clara University.

Tuition Exchange Program

Eligible employees who have at least three years of continuous service with the University are eligible for tuition remission for their dependent children. Verification of dependent status is required. Participation in this program is in lieu of eligibility for enrollment at Santa Clara University.

The service requirement for all programs must be met within 15 calendar days of the close of late registration for the quarter/semester. Eligible children must be less than 25 years of age and claimed as a dependent for income tax purposes at the time of each and every registration for any undergraduate course and less than 30 years of age at the time of each and every registration for any graduate course. In the event that the employee resigns or is terminated, eligibility for this program will cease as of the end of the quarter/semester in which the employee leaves the University.

Eligibility for tuition remission continues for the spouse and/or dependent children of an eligible employee with ten years of continuous service who becomes disabled or dies during active employment or is on an approved leave.

Employees with twenty years of continuous service who resign or retire are eligible to receive tuition remission for themselves, their spouses and/or dependent children. All eligibility requirements as defined in the above programs must be met.

Eligibility for tuition remission continues for an employee, spouse and children when an employee is on an approved leave of absence.

Amount of Remission

Tuition remission covers 100% of tuition for employees and their dependents, provided the employee is working 30 hours or more per week. Employees working 20-29 hours per week will receive tuition remission on a pro-rated basis, and the benefit is not available to their dependents. Tuition remission does not include other costs such as books, laboratory, application, service, and other fees. All charges other than tuition must be paid to the University in the same manner as required of other students.

Requirements and Limitations

Courses Included

Santa Clara University

Tuition remission is available for all undergraduate and graduate courses offered in any term at the university, excluding ancillary or continuing education courses, and the executive MBA program. Employees will be granted tuition remission for up to a maximum of two undergraduate courses per academic year quarter, or six units for graduate courses per academic year quarter or semester, and one undergraduate course or three units for graduate courses per summer. For purposes of administering this policy, one undergraduate course will be defined by the offering department in the schedule of classes, e.g., one course may be a 3 credit lecture while another course may be a 4 credit lecture plus lab. The employee must pay tuition for any additional undergraduate courses or graduate units taken. All normal course prerequisites must be met. Dependent children attending the Young Scholars' program are also eligible for tuition remission.

FACHEX

The Faculty-Administrator’s children exchange program (FACHEX) is a program in which children of eligible employees of participating Jesuit colleges and universities may apply for undergraduate admission to one of the institutions and, if accepted, are eligible for tuition remission subject to the terms and conditions set by the accepting institution.

Tuition Exchange Program

The Tuition Exchange Program is a national scholarship exchange program for institutions of higher education. Children of eligible employees may apply for undergraduate admission to one of the participating institutions and, if accepted, are eligible for tuition remission subject to the terms and conditions set by the accepting institution.

Admission Requirement

The employee, spouse or children must qualify for admission under the standards required of other applicants for Santa Clara University, FACHEX, and Tuition Exchange Program admission.

Registration

Employees, spouses, and children are permitted to register for courses during the general or late registration periods. Payment of the applicable registration fees or tuition penalties resulting from withdrawing from a course after the formal add/drop period are the responsibility of the employee.

Time-off from work

Release time for class during regularly scheduled working hours may be granted to employees provided the employee and his/her supervisor arrange in advance for the employee to make up the lost time without creating overtime payment. The operational requirements of the department must be taken into consideration when granting such release time.

Satisfactory completion

Employees, spouses and children must maintain the same academic standards required of other students to remain eligible for tuition remission.

Application Procedure

Tuition remission application forms are available from Human Resources. The applicant must meet eligibility requirements each quarter/semester. An applicant who is a full-time student or an employee taking classes need complete only one application per academic year. The application should be completed in the Winter or Spring quarter/semester of the prior academic year. Applicants who are employees and taking classes during work hours are required to have their supervisor sign the application, however the supervisor's signature does not guarantee release time. Employees must notify Human Resources immediately if they, their spouse or children become ineligible for the benefit.

Taxability

Courses taken under the tuition remission program may be subject to federal and/or state income tax. Verification of dependent status is required. In the event that benefits under this plan are deemed to be taxable income, the University may be required to withhold the applicable taxes from the employee’s paycheck(s). The employee will not be reimbursed by the University for any taxes owed.

Responsibility

It is the responsibility of the employee to conform with the requirements outlined in this policy, in order to remain eligible for and receive these benefits. Human Resources is responsible for the interpretation and administration of this policy.

Resource

Contact Human Resources if you have questions regarding this policy, including any questions relating to the taxation of the benefit. Questions regarding FACHEX can be addressed by the Financial Aid Office.


Policy Approved: October 23, 1998
Last Updated: February 7, 2002

Maintainer: Human Resources

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610. University Facilities and Benefits

Statement

Santa Clara University has implemented certain special services and programs for the comfort and convenience of its employees.

Procedure
ATMs

Interlink banking cards may be used to withdraw cash; an ATM is located in the east end of the basement of the Benson Memorial Center and the west end of the Campus Bookstore.

Access Cards

Santa Clara has its own debit card for members of the University community: ACCESS. This card is acquired upon hire, and can be used for purchases within the bookstore, and various other vendors within the Benson Center.

Athletics and Recreational Facilities

The Leavey Activities Center is a two-acre facility that encompasses a variety of intercollegiate activities as a multi-use facility. The arena seats 5,000 for men’s and women’s basketball, and women’s volleyball matches. The activity center has regularly scheduled events and classes, which are open to employee participation. All staff are able to receive free passes or purchase reduced rate tickets to certain sporting events.

Buck Shaw Stadium is home to the men’s and women’s soccer programs. The surrounding outdoor facilities are practice fields for the other intercollegiate and intramural athletic programs.

Credit Union

Santa Clara University employees are eligible to join the Mission City Federal Credit Union. The credit union offers many services, such as: savings accounts, interest-bearing checking accounts, low interest loans, discounts, travelers’ checks and low-interest Visa cards.

Library Privileges

Library privileges are extended to the employees of the University. The employee can use his/her ACCESS card to borrow books from the Orradre Library. Staff employees may borrow for up to a period of 6 months; however, the publications may be recalled after 3 weeks if needed by another user.

Parking Permits

Parking privileges on campus are designated with the use of parking permits. Employees may purchase a "Staff/Faculty" permit at the Public Safety Office which is open 24 hours a day, everyday. Valid staff ID must be presented to purchase these permits.

"Staff/Faculty" permits allow parking in lots designated "Staff/Faculty" or "all permits". These lots are located in various places around the campus and are designated in Santa Clara University’s Parking Regulations pamphlet, available in the Human Resources lobby.

Lost and Found

The information booth within the Benson Memorial Center maintains lost and found articles.

Responsibility

It is the responsibility of the employee to comply with the regulations pertaining to the specified University program, benefit, or facility. Any abuse may result in loss of privileges. It is the responsibility of the University to inform employees of new programs or facilities that are available.

Resource

Contact the sponsoring office or Human Resources for more information on this policy.


Policy Approved: October 23, 1998
Last Updated: August 28, 2007

Maintainer: Human Resources

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611. General Leave Benefits

Statement

The University provides leaves of absence to enable employees to attend to personal and professional obligations and for periods of disability. The policy for workers covered by a collective bargaining agreement is contained in that agreement.

Procedure
Eligibility

All staff employees are eligible for leaves of absence in accordance with the specific provisions of each type of leave.

Length of Leave

All leaves of absence must be requested and granted in writing for a definite period of time with specific starting and ending dates. If an employee is absent from work for 3 work days without a written request and approval for a leave of absence his or her employment may be terminated.

Extension of Leave

The supervisor, and department heads have the discretion to grant a personal leave (please see Personal Leave policy #617), if no other leave is legally mandated. The Personal Leave policy grants the employee up to a maximum of 6 months unpaid leave. If recovery is made by the end of the six months, the employee may return to work in the previous position.

Santa Clara University is not required to grant personal leave in excess of legal mandates. In the instance that an extension to leave is not granted and the employee does not return to work, the employee will be terminated. A terminated employee would continue to receive disability benefits as long as the appropriate disability carrier continues to authorize benefits.

Return to Work

To ensure the health and safety of the employee who plans to return to work after a short-term disability leave of absence, a doctor's release must be obtained and presented to the Supervisor and Human Resources before the employee may resume work.

Reinstatement Requirement

A department granting a leave is generally obligated to reinstate the employee in the same or a similar position at the end of the leave. The department can be relieved of this obligation by the employee, in consultation with Human Resources. If an employee returning from either a medical, pregnancy, or industrial leave has either a physical or mental disability but is able to perform the essential functions of the job with or without reasonable accommodation, the University’s obligations to that employee may be governed by the Americans with Disabilities Act. Please see Personal Leave Policy #617.

In addition, an employee returning from a medical or industrial leave will be required to provide medical certification and/or undergo a fitness for duty exam verifying that the employee is able to return to work. Furthermore if an employee becomes eligible for long term disability, and is unable to provide reasonable assurance of his or her ability to return to work, the employee will be terminated. In addition, a leave is not appropriate, and will not be granted when the employee cannot provide reasonable assurance of intention to return to University employment at the end of the leave.

Termination of Leave

When an employee does not return to work at the end of the approved leave or when the employee's physician cannot provide reasonable assurance that the employee will return, the department in consultation with Human Resources will terminate the leave and the person's employment by written notification to the individual.

Benefit Coverage During Leave

Paid Leave

The employee remains eligible for all benefit programs and University contributions to those plans as though actively at work. An employee on a paid leave will continue to accrue vacation and sick leave based on hours paid.

Unpaid Leave

An employee remains eligible to participate in Santa Clara University’s medical/dental, life, long-term disability and retirement provided the employee pays 100% of all required premiums or contributions or with the following exceptions:

If an employee has been placed on a Santa Clara University Emergency Leave for purposes of a bona fide emergency as defined by the University’s Emergency Communication Plan, employees will remain eligible for participation in the group health insurance plans in which they are enrolled.

Employees on leave who do not receive continued University paid health coverage may continue their group health insurance coverage in conjunction COBRA guidelines.

The employee is responsible for any additional payroll deducted premiums. This may include dependent health care premiums, medical expense reimbursement contributions, or voluntary cancer premiums. This coverage will only be provided if the employee pays the University for the monthly cost within the first ten (10) calendar days of the month for which the coverage is requested.

If an employee is no longer in pay status and short term disability payments are applicable, employees may authorize premium payments to be deducted directly from the short-term disability payments (received from the plan administrator.) If this option is not chosen, payments must be paid as referenced above.

Upon the cessation of salary continuation, all retirement contributions will cease, and vacation and sick leave will no longer continue to accrue.

Responsibility

Employees are responsible for notifying their supervisor of leave intent as soon as possible, according to the notification and certification requirements of this policy. Supervisors and department heads are responsible for ensuring proper administration of paid leave and leave scheduling. Employees are responsible for providing leave status change information as directed by Human Resources. Employees who fail to follow these established leave processes will be subject to disciplinary action, up to, and including termination.

Resource

Contact Human Resources if you have questions or if you would like more information about this policy.


Policy Approved: October 23, 1998
Last Updated: August 22, 2000

Maintainer: Human Resources

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612. Vacation Pay

Statement

The University grants paid vacation for the purpose of rest and relaxation.

Procedure
Accrual Periods

Vacation leave accrues from the first of the month following the date of hire as a regular or academic staff member and continues during periods of work, sick leave, vacation and other periods of paid leave. Vacation does not accrue for hours worked on an overtime basis.

Maximum Vacation Accumulation

The maximum amount of vacation that staff members can accumulate is the amount they would accrue in one and one-half years at their current annual accrual rate. For instance, if a staff member has 10 years of service the maximum number of vacation hours which can be accrued is 264 hours; the staff member will not accrue any additional vacation hours until the available balance falls below 264 hours.

Eligibility

Regular staff members are eligible to accrue and use vacation if they are assigned to work twenty (20) hours a week or more for six (6) months or more.

Accrual of Vacation

Full-Time Regular Staff
Length of Service* Days per year Hours per pay period Max Accrual (hours)
0-3rd year 15 5.00 180
Start of 4th-8th 20 6.67 240
Start of 9th-18th 22 7.33 264
Start of 19th-24th 25 8.33 300
25 years and over 30 10.00 360

*Length of service for vacation accrual purposes means years of service counted from the staff member’s date of hire as a regular staff member. However staff hired on a temporary basis who are subsequently hired into a regular position for twenty (20) hours a week or more, will have an accrual rate based on their initial date of hire as a temporary.

Full Time Regular Academic Staff-

Librarians and other full-time regular academic staff, as defined by the Faculty Handbook, will accrue vacation at the following rates:

Length of Service** Days per year Hours per pay period Max Accrual (hours)
0-8th year 20 6.67 240
Start of 9th-18th 22 7.33 264
Start of 19th-24th 25 8.33 300
25 years and over 30 10.00 360

**Academic staff hired on July 1, 1993 or after will accrue vacation based on years of service as a full time regular academic staff member at SCU. Librarians hired prior to July 1, 1993 who had been accruing vacation based on credit for professional experience prior to coming to Santa Clara University will continue to accrue vacation based on their total years of professional experience.

Administrative Officers of the University

Administrative officers identified by the Vice Presidents and approved by the President will accrue vacation at the following rates:

Length of Service** Days per year Hours per pay period Max Accrual (hours)
0-18th year 22 7.33 264
Start of 19th-24th 25 8.33 300
25 years and over 30 10.00 360
Part Time Regular Staff/Academic Staff

Staff who are paid on a semi-monthly salary basis working less than forty (40) hours per week (less than 1.0 FTE) will receive pro-rated leave accrual based on the number of hours regularly scheduled to work.

Accrual Adjustment

Vacation accrual rates will increase in the pay period following a staff member's anniversary date following completion of the specified length of service period as defined above.

Accruals During Leaves of Absence

  1. Paid Leave: Vacation will accrue while a staff member is on paid leave status.
  2. Unpaid Leave: Vacation will not accrue for hours reported as unpaid leave.
  3. Medical Leave: Vacation will accrue as long as the staff member is on paid status (i.e., receiving sick leave or vacation pay). Vacation accruals will cease once sick leave and vacation have been exhausted. (Use of vacation while on medical leave is optional. Vacation may not be integrated with short term disability.)
Donation of Vacation to Other Staff

Staff who have run out of vacation and sick leave due to the continuing requirement to be absent from work because of illness or family emergency may be authorized additional vacation time from a pool of vacation donated by other staff. Staff may donate vacation time, in eight (8) hour increments, to the pool or for specific individuals. Staff must retain a balance of at least eighty (80) hours of vacation after making a donation to the pool. Staff who wish to donate vacation should contact Human Resources to obtain the Vacation Request Form.

Staff who wish to request additional vacation hours from the pool for use in cases of long term illness or family emergency should complete Section III of the Vacation Request Form, discuss their request with their supervisor, and submit the approved Vacation Request Form to Human Resources. Human Resources will consult with the supervisor and authorize additional vacation hours from the pool as appropriate.

Scheduling of Vacations

Departments are responsible for providing opportunities for staff to take vacations each year. Staff members should make specific vacation requests in writing to their supervisors at least two weeks prior to the requested time-off. The policy and practice of the University is to grant staff members the opportunity to use accrued vacation with some discretion, so long as the scheduling of vacation does not interfere with the operational needs of the department. In all circumstances, management must approve the time off before it is taken.

If a staff member is not utilizing accrued vacation, it is the prerogative of the department manager to schedule time off for the staff member. It is hoped that a mutually agreeable schedule can be developed, but management does have the discretion to require that vacation time be utilized.

Staff members are discouraged from using more vacation than they have currently accrued. However, in exceptional cases the supervisor may request through the departmental manager with budget authority that Human Resources approve the advance of vacation hours to a staff member. Departments are liable for the cost of vacation which has been advanced to a staff member and not covered by accruals prior to the time the staff member terminates.

Use of Vacation by Part-Year Staff

Part-year staff should schedule their vacation to be used during the pay periods they are scheduled to be at work. Part-year staff may not use vacation during the non-work periods. Part-year staff will not accrue vacation during non-work periods.

Use of Vacation for Non-Vacation Absences

Vacation can be used for other absences (e.g., disability, family, and personal leaves) when requested by the staff member and approved by the supervisor.

Pay in Lieu of Vacation

Vacation may not be converted to cash except upon termination of employment or upon change to an employment status with the University which makes the individual ineligible for vacation accrual or use. When there is a change in employment status the individual will be paid for accrued vacation and a record will be kept of any sick leave balance so that it can be recredited if the individual becomes eligible for leave at a later time.

Payment of Vacation at Termination

Staff who terminate regular employment will receive on their last day of employment a lump-sum payment of their accumulated vacation at their current rate of pay.

Transfer of Vacation

When a staff member transfers from one department to another within the University, the staff member's unused vacation balance transfers to the new department.

Holidays During Vacation

If a paid holiday falls within a staff member's vacation, it will be recorded as a holiday rather than a vacation day.

Illness During Vacation

If a staff member becomes ill while on vacation the period of illness may be charged to accumulated sick leave rather than to vacation, at the staff member's request and with the supervisor's approval. Supervisors may require a physician's verification when such periods of illness exceed three days.

Records and Reporting of Vacation

All staff members will record vacation usage on timesheets provided every pay period. The University will report vacation accruals and usage on the staff member's pay check each pay period.

Exceptions to the Policy

If, under rare circumstances, exceptions to this policy are necessary they may be made by a Vice President in consultation with the chief Human Resources officer.

Responsibility

Employees are responsible for following established department scheduling and call-in procedures. Department heads are responsible for ensuring proper administration of paid leave and leave scheduling. Human Resources is responsible for the interpretation and administration of this policy.

Resource

Contact Human Resources if you have questions or if you would like more information about this policy.


Policy Approved: October 23, 1998
Last Updated: June 13, 2001

Maintainer: Human Resources

613. Sick Leave

Statement

The University’s sick leave program provides salary continuation for eligible employees during periods of illness, injury, or medical disability such as maternity or periods of post-surgical recuperation. In the event employees are medically disabled for extended periods of time and a medical leave of absence is required, available sick leave will be coordinated with Short Term Disability Insurance, Workers’ Compensation, Santa Clara University’s Long Term Disability plan, and/or Social Security.

Procedures
Eligibility

All regular and fixed term staff employees are eligible to accrue sick leave. Sick leave is credited each pay period and is reflected on the employee's pay stub. Sick leave may be accrued to a maximum of 80 work days or 640 hours.

Accrual Amounts
Accrual Periods

Sick leave accrues from the first of the month following the date of hire as an eligible employee and continues during periods of work, sick leave, vacation, and other periods of paid leave. Sick leave does not accrue for hours worked on an overtime basis or during an unpaid leave of absence.

Use of Sick Leave

Sick leave may be used when an employee's illness, medical disability (e.g., maternity, post-surgical recuperation) or injury prevents the employee from working. Employees may use sick leave when it is necessary to be away from work for less than one full day due to medical or dental appointments scheduled during the employee's working hours.

Sick leave may also be used when illness, injury, medical or dental appointments in the employee's close family require the employee's absence from work. Close family is limited to the employee's spouse or person who stands in substantially the same relationship, children of the employee or spouse, parents and parents-in-law, parent surrogate, brothers and sisters of the employee, grandparents and grandchildren of the employee, and any other dependent family members living in the employee's residence. Use of sick leave for this purpose may not exceed 10 working days per calendar year.

Holidays and Sick Leave

If a University holiday falls during a period of paid sick leave, it will be paid as a holiday rather than a day of sick leave.

Illness or Injury During Vacation

If an employee becomes ill or is injured while on scheduled vacation, this period of time may be charged to accumulated sick leave.

Coordination with Disability Plan Benefits

An employee who has met the disability waiting period is required to apply for the appropriate disability benefits. During disability periods for which benefits are payable from the Short Term Disability Insurance Plan, Workers' Compensation, Social Security Disability or Santa Clara University's Long Term Disability plan, accumulated sick leave must be used to supplement such disability plan benefits up to the employee's regular pre-disability net pay. If all accumulated sick leave has been paid, an employee may elect to use accumulated vacation to supplement these plans.

Approval of Sick Leave

In most instances, a conversation between employee and supervisor is sufficient for the approval of sick leave pay. The supervisor who approves the use of sick leave by an employee is responsible for determining if the conditions for use of sick leave are met. In some circumstances, medical certification may be required.

Doctor’s Release/Medical Certification

To insure the health and safety of the employee who plans to return to work after an approved short or long-term disability leave of absence, an employee will be required to provide medical certification and/or undergo a fitness for duty exam verifying that the employee is able to return to work. This verification must be provided by the attending physician or a University-designated physician. The employee must present the verification to the supervisor and Human Resources. Certifications must include the capacity in which the employee can return to work.

Termination

Upon termination of employment, the employee's accrued sick leave balance will not be paid to the employee. When there is a change in employment status affecting eligibility for sick leave a record will be kept of any sick leave balance so that it can be recredited if the individual becomes eligible for leave within one year of the change in status.

Responsibility

Employees should inform supervisors whenever their need for leave may be covered by the Family and Medical Leave Act or other local jurisdiction’s laws. Supervisors are responsible for determining when a request for leave is covered by this policy, and if so, promptly informing the employee. In addition, supervisors are generally responsible for complying with the terms and conditions of this policy and the applicable federal, state, and local laws.

Human Resources is responsible for interpretation and administration of this policy.

Resource

Refer to the Family & Medical Leave (614), Pregnancy Disability (622), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for more information regarding this benefit.


Policy Approved: October 23, 1998
Last Updated: May 19, 2000

Maintainer: Human Resources

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614. Family and Medical Leave

Statement

Under the Family and Medical Leave Act, as amended (FMLA) and the California Family Rights Act, as amended (CFRA), an employee will be granted a family or medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. Accordingly, this policy incorporates the FMLA and CFRA notices that are included as appendices A and B of the Staff Policy Manual. No greater or lesser leave benefits will be granted than those set forth in such state or federal laws. Employees will be eligible for the most liberal benefits available under either law. To the extent permitted by law, any leave of absence that is granted to an employee under this policy or any other policy for a purpose specified above shall be credited against the applicable 12-week or 26-week limit contained in this policy.

Eligibility

To be eligible for family and medical leave benefits, an employee must:

Qualifying Family and Medical leaves

Eligible employees may receive up to a total of 12 work weeks of leave during a rolling 12-month period for one or more of the following reasons:

Eligible employees may receive up to 26 weeks in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty request.

Additional leave may be granted as an accommodation if required by the Americans with Disabilities Act, as amended. Under some circumstances, employees may take family and medical leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

Pregnant employees may have the right to take a pregnancy disability leave (refer to the Pregnancy Disability policy) in addition to a family leave; such employees should contact Human Resources regarding their individual situations.

Process
Notice and Certification Requirements

Employees seeking to use family and medical leave are responsible for providing their supervisor and the Department of Human Resources with at least 30 days advance notice when the need for the leave is foreseeable. Employees are also responsible for providing the required completed forms regarding their request for a family and medical leave to the Department of Human Resources, including medical certification (both prior to the leave and prior to reinstatement). Employees may also be required to provide periodic recertification and periodic reports during the leave, as applicable.

Employees requesting a family or personal medical leave should contact their Benefits Specialist in the Department of Human Resources regarding their individual situations and to get information regarding the specific notification and approval requirements for their leave. For purposes of short and/or long term disability, all medically related leaves are subject to approval by the appropriate plan provider. Family and medical leave request forms are available here.

Compensation During Leave

Family and medical leave is generally unpaid. When an employee is on an FMLA leave for their own serious health condition (including medical conditions relating to pregnancy) any accrued sick leave that the employee has, however, must be used concurrently. Thus, a family or medical leave will be paid only to the extent of the employee's accumulated sick leave, in coordination with either the State or Voluntary Disability Insurance, Worker' Compensation, Social Security Disability and the Santa Clara University Long term disability plan, as applicable. The use of accrued vacation, if sick leave has been exhausted, is at the discretion of the employee.

Responsibility

Employees should inform supervisors whenever they believe their need for leave may be covered by the Family and Medical Leave Act or other local jurisdiction's laws. Supervisors are responsible for determining when a request for leave is covered by this policy, and if so, promptly informing the employee orally within 2 business days and in writing within the next pay period. In addition, supervisors are responsible generally for complying with the terms and conditions of this policy and the applicable federal, state, and local laws. The Department of Human Resources is responsible for the interpretation and administration of this policy.

Resource

Please refer to the Pregnancy Disability (622) and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources if you have questions or if you would like more information regarding this benefit.


Policy Approved: June 2013
Last Updated: June 2013

Maintainer: Human Resources

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615. Industrial Disability

Statement

Employees who are unable to work due to an injury that arises out of and in the course of their employment may be entitled to benefits and leave under the California Worker’s Compensation Act.

Procedure
Employee Eligibility

Santa Clara University will grant a worker's compensation disability leave to all employees with occupational illnesses or injuries in accordance with state law. Leave taken under the worker's compensation disability policy runs concurrently with family and medical leave under both federal and state law. In the event a recovering employee is released under "limited duty", a "workplace needs assessment" will be performed to ascertain whether or not the employee may return to work. Any change to the job limitations will trigger an additional "workplace needs assessment."

Leave Availability

Any regular or temporary employee who is receiving temporary disability payments under the Worker's Compensation Act shall be entitled to an industrial leave of absence. Temporary and fixed-term employees' leaves will not continue beyond the end of the assignment. When the employee is deemed "permanent and stationary", the University may terminate the worker if the worker and his/her treating physician cannot provide reasonable assurance that the employee can return to work with or without reasonable accommodation in accordance with the Americans with Disabilities Act.

Compensation During Leave

Worker's compensation disability leaves are without pay. However, employees may utilize accrued sick or vacation pay during the leave. All such payments will be coordinated with any worker's compensation payments. At no time shall an employee receive a greater total payment than the employee's regular net pay. While on an industrial leave of absence the employee shall accrue service credit (seniority) for the purposes of vacation accruals and retirement vesting only.

Notification and Certification Requirements

Employees must report all accidents, injuries and illnesses no matter how small to their immediate supervisor. In addition, an injured worker who is deemed unable to work by the treating physician, must keep his/her supervisor informed of changes in his/her status within a reasonable time. A release to return to work from the treating physician must be provided to the Supervisor within a reasonable time prior to returning to work. The release must include the capacity in which the individual can return to work.

Responsibility

It is the employee's responsibility to coordinate all leave time with the supervisor or department head. It is the responsibility of the department head or supervisor to administer the leave provisions detailed in this policy.

Resource

Please refer to the Family and Medical (614), Short Term Disability (603) and Injury on the Job (701) policies for procedures related to specific leave applications. Contact Human Resources for questions or more information regarding this benefit.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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616. Holidays

Statement

It is the policy of the University to grant its employees certain paid holidays.

Procedure
Eligibility

All regular and fixed term staff employees whose full time equivalency is at least 50% (20 hours per week) are eligible for paid holidays from their date of hire.

Days Designated as Paid Holidays
New Year’s Day Memorial Day Friday after Thanksgiving
Martin Luther King Day Independence Day Christmas Eve Day
President’s Day Labor Day Christmas Day
Good Friday Thanksgiving Day New Year’s Eve Day

At the discretion of the President of the University, other paid days off may be declared on a one time basis.

Saturday or Sunday Holidays

When a holiday falls on a Saturday or Sunday, the University reserves the right to declare either the previous Friday or the following Monday as the paid day off for observation of the holiday. The University reserves the right to observe any holiday on a certain date based on requirements of the University calendar.

Holiday Pay

All holiday pay is based on an employee’s regular base pay unless otherwise noted.

When the day of the holiday observance falls on a scheduled work day and the employee does not work on that day:

When the day of holiday observance falls on the employee’s normally scheduled day off:

When the employee is required to work on the day of holiday observance:

When the day of holiday observance occurs while an employee is on an approved leave (vacation, sick leave, or other paid leave from which the employee is expected and scheduled to return to work,) the time shall be charged as paid holiday rather than as a vacation, sick leave or other paid leave. An employee on an unpaid leave of absence does not receive pay for the holiday.

Responsibility

Each department must inform its employees about the department’s holiday schedule and holiday leave policy.

Resource

Contact Human Resources if you have questions or if you would like more information about this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

617. Personal Leave

Statement

The University may provide leave with or without pay under certain circumstances at the discretion of the supervisor or department head. Reasons for leave may include educational pursuits, service or civic activities, or personal situations.

Procedure
Eligibility

All regular and fixed term employees are eligible for personal leave.

Leave Availability
Compensation During Leave

Records of use of personal time off are maintained in the department, and hours to be paid are reportable on time sheets as sick leave.

Notification and Certification Requirements

Employees requesting to take a personal leave must submit a Request for Leave of Absence form to the supervisor and Human Resources at least 30 days prior to the start of the leave.

Responsibility

Employees are responsible for notifying their supervisor of a leave as soon as possible, and according to notification and certification requirements of this policy. Supervisors are responsible for ensuring proper administration of paid leave and leave scheduling.

Resource

Refer to the Family & Medical Leave (614), Pregnancy Disability (622), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for more information about this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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618. Bereavement Leave

Statement

The University provides leaves of absence in situations of bereavement for employees to attend to personal obligations.

Procedure
Eligibility

All regular and fixed term employees are eligible for bereavement leave.

Leave Availability

An employee may be paid for up to five (5) working days when there is a death of an employee’s spouse or person who stands in substantially the same relationship, son, daughter, child’s other parent, father, mother, brother, sister, father-in-law, mother-in-law, grandchild or grandparents, and/or anyone with whom the employee has an in loco parentis relationship. This paid leave is for attending funerals, memorial services and for discharging responsibilities related to the death of the family member. Days of leave may be taken consecutively or split as needed. If additional time off is needed, a supervisor may approve use of accrued vacation or time off without pay.

Compensation During Leave

A bereavement leave will be paid based on the employee’s normally scheduled hours at the regular straight time hourly rate.

Notification and Certification Requirements

The employee’s immediate supervisor should be notified within a reasonable amount of time.

Responsibility

Employees are responsible for notifying their supervisor of leave as soon as possible and for following the notification and certification requirements of this policy. Supervisors are responsible for ensuring proper administration of paid leave and leave scheduling.

Resource

Contact Human Resources if you have questions or if you would like more information about this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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619. Civic Leave

Statement

The University grants paid leave to employees summoned to serve jury duty or appear in court as a state witness (to testify on behalf of the federal, state or local government in a criminal case.) Employees who are summoned to appear in court for other reasons may use paid leave or leave without pay.

Procedure
Voting

When a regular, full-time, non-exempt employee is not able to vote outside of regularly scheduled work hours, the employee will be granted up to two hours leave with pay to vote.

Jury Duty

An employee called for jury duty will receive time off with pay for the necessary period of absence from scheduled work. The employee may retain any payment received from the court. The jury verification notice must be attached to the time sheet and initialed by the supervisor to verify required time off.

Court Appearances

An employee who is subpoenaed as a State witness will receive time off with pay for the necessary period of absence from scheduled work; however, absences to appear as a plaintiff or defendant must be charged to vacation leave, personal time off, or taken as a personal leave without pay.

Dependents’ School Activities

An employee who is a parent, guardian, or grandparent with custody of a child in kindergarten through grade 12 is eligible to take up to 40 hours unpaid leave annually to participate in his or her children’s school activities. Eligible employees are required to give reasonable advance notice of anticipated absences for school activities and can use accrued vacation, if available.

Responsibility

Employees must promptly notify their supervisors and departments regarding absences related to jury duty or other court appearances. Employees must stay in regular contact with their supervisor during civic duty assignments. In cases of court appearances, supervisors must secure a copy of the summons when an employee is unable to report for work due to jury duty or court appearance. In addition, supervisors are responsible for monitoring eligible time off.

Resource

Contact Human Resources if you have questions or if you would like more information about this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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620. Military Leave

Statement

The University grants leaves of absence for military duty to employees who are members of the National Guard or the Military Reserves. The University also reemploys veterans in compliance with the Veteran Reemployment Rights Law.

Procedure
Eligible Employee

All regular and fixed term employees are eligible for military leave.

Leave Availability

Leaves are available to any eligible employee to fulfill voluntary or involuntary military obligations. Additional leaves of absence may be authorized by Human Resources in the event of a national or state emergency.

Compensation During Leave

An employee required to perform annual active duty for training purposes will be paid the regular straight time rate of pay coordinated with military pay received for a maximum of two (2) calendar weeks. Pay shall be calculated on the basis of an employee's normally scheduled hours at the regular straight time hourly rate. Employees will not be paid for weekend drills. At no time shall the employee receive a total payment greater than the employee's regular net pay.

Notification and Certification Requirements

Employees needing to request a military leave must submit a "Request for Leave of Absence" form to the supervisor who must submit it to Human Resources at least 30 days prior to the start of the leave or at the earliest reasonable time. The appropriate military orders requiring such service should be submitted at this time. The employee must present his/her military orders and military pay voucher to Human Resources in order to be eligible for coordinated payment.

Reinstatement Requirement

Both the employee and the employer have obligations under the Veteran’s Reemployment Rights Act (VRRA). Employees returning from active duty who request reemployment within the time limits provided by law will be reinstated to the former positions or to a position of like status and pay for which they are qualified.

Responsibility

Employees called to military service or training are responsible for providing all requested documentation in a timely manner. The supervisor and Human Resources will process each request in a timely manner and must comply with all federal reemployment rights.

Resource

All questions about leaves of absence for military duty and related reemployment rights should be directed to the Affirmative Action Office or Human Resources.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

621. Emergency Leaves

Statement

The University may provide emergency leave in the event of a bona fide emergency as defined by the Santa Clara University Emergency Communication Plan.

Procedure
Eligibility

Employees in on-going regular positions are eligible for an Emergency Leave.

Leave Availability

Emergency Leave is available for those staff who are unable to work due to a bona fide emergency as defined by the Santa Clara University Emergency Communication Plan (e.g., earthquake).

Compensation During Leave

Regular employees will receive their normal base pay for a period of thirty days while on an approved Emergency Leave. If the leave goes beyond the 30-day period, an employee may utilize any accrued vacation leave.

Notification and Certification Requirement

The employees' immediate supervisor, or second level supervisor, should notify the employees as to their work status in the event of a bona fide emergency. If an employee’s services are not required for the duration of the emergency recovery period, they will be placed on an Emergency Leave until they are able to return to their work assignment. Employees not required to return to their position will be eligible for any rights and benefits provided through the Layoff Policy.

Responsibility

It is the responsibility of the employee to coordinate all leave time with the supervisor or second-level supervisor. It is the responsibility of the supervisors to administer the leave provisions detailed in this policy.

Resource

Contact Human Resources for questions or more information on this policy. Contact Public Safety for information on the Santa Clara University Emergency Communication Plan.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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622. Pregnancy Disability

Statement

Employees who are disabled due to pregnancy-related conditions are entitled to a leave of absence under the California Fair Employment and Housing Act (FEHA).

Procedure
Employee Eligibility

All regular and temporary employees are eligible to receive a pregnancy disability leave due to their pregnancy, childbirth, or related medical conditions.

Leave Availability

An employee disabled due to pregnancy, childbirth, or related medical condition may take up to a maximum of four months leave. As an alternative, the University may transfer the employee to a less strenuous or hazardous position if the employee so requests with the advice of her physician, if a workplace needs assessment allows such a transfer. Fixed-term and temporary employees' leave will not extend beyond the end of their assignment.

Leave taken under the pregnancy disability policy is in addition to the 12 weeks allowed under the Family Medical Leave Act (FMLA). Temporary employees are not eligible for an FMLA leave.

Compensation During Leave

Upon the start of an approved pregnancy disability leave, any accrued sick leave will be coordinated with any short term disability payments. At no time shall an employee receive a greater total payment than the employee's regular net pay. The use of accrued vacation, once the sick leave is exhausted, is at the discretion of the employee and will not be integrated with any other type of payment being received. Once authorized accruals have been exhausted, the paid leave will end.

Notification and Certification Requirements

Employees requesting to take a pregnancy disability leave must submit an approved Request for Leave of Absence form to the Human Resources at least 30 days prior to the start of the disability or at the earliest reasonable time.

In addition, employees must provide an initial physician's certification of disability indicating the expected duration of the disability. The certification must be updated to reflect changes in the employee's condition. Disability approval is also required by the Short Term Disability insurer.

Responsibility

It is the employee's responsibility to coordinate all leave time with the supervisor. It is the responsibility of the supervisor to administer the leave provisions detailed in this policy.

Resource

Refer to Family & Medical (614), Personal (617), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for questions or more information about this policy.


Policy Approved: October 23, 1998
Last Updated: October 28, 1998

Maintainer: Human Resources

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