2019-2020 Policy Library 
    
    Dec 11, 2019  
2019-2020 Policy Library

Chapter 7 Leaves


7.1 Academic Leaves: Sabbaticals, Leaves of Absence and Junior Research Leaves

7.2 Family and Medical Leave Policies for Faculty


7.1 Academic Leaves: Sabbaticals, Leaves of Absence and Junior Research Leaves

7.1.1 Applying for Leaves

Applications for all sabbatical and junior research leaves are typically submitted to the Dean of the Faculty (and copied to the department chair) by October 15 preceding the academic year during which the leave will commence.

Applications for sabbaticals and enhanced sabbaticals are reviewed by the Faculty Research Committee. Recommendations that are unanimously in favor of approval of sabbaticals and enhanced sabbaticals are forwarded by the FRC to the President and Board of Trustees for final approval. Applications that are unanimously approved by the FRC are forwarded to the APT Committee for their information, but not their review. All other recommendations regarding sabbaticals and enhanced sabbaticals are forwarded by the FRC to the APT Committee for review. The recommendations of the APT Committee are reported back to the FRC by the Dean of the Faculty and forwarded to the President and Board of Trustees. Final approval is made by the Board.

Applications for junior research leaves and for unpaid leaves of absence are reviewed by the Dean of the Faculty, who makes recommendations to the President to submit to the Board of Trustees. Final approval is made by the Board.

See the Keck Science Faculty Handbook  for procedures governing Keck Science faculty.

7.1.2 Sabbaticals

Sabbaticals are supported by the College to sustain and encourage its tenured faculty as teachers and scholars and to benefit the College. Sabbatical plans must thus involve scholarly research, substantial time investment in preparation for teaching in a new area or discipline, or other experiences intended to contribute to professional growth. Applications must demonstrate the relevance of the proposed sabbatical plans to one’s research, teaching, and/or service to the College. Approval is based on the merits of the proposal, on past performance in research, teaching, and service to the College, and on the effectiveness of previous sabbaticals in fulfilling proposed goals.

All full-time tenured members of the CMC faculty are eligible to apply for a sabbatical leave. Faculty members undergoing a tenure review are eligible to apply for a sabbatical leave; approval is contingent upon the successful outcome of the tenure review. Faculty may apply for either:

  1. Full sabbatical leaves of one semester at full salary or one year at half salary after at least twelve semesters of full time employment at CMC since the applicant’s last sabbatical leave or since joining the faculty (excluding any semester spent on any type of full-time leave except one semester of junior research leave), or
  2. Half sabbatical leaves of one semester at half salary after at least six semesters of full-time employment at CMC since the applicant’s last sabbatical leave or since joining the faculty (excluding any semester spent on any type of full-time leave except one semester of junior research leave).

7.1.2.1 Rules Governing Sabbatical Leaves

Unless they notify the Dean of the Faculty, faculty members are expected to adhere to the plans proposed in their application and approved by the Board. Sabbatical leaves shall not count toward semesters of service required for future sabbatical leaves. Overload teaching does not accrue additional sabbatical time.

Time accumulated toward a sabbatical at another institution prior to appointment at CMC may be counted toward either a full or half sabbatical leave at CMC, with approval from the Dean of the Faculty at the time of hiring. The accrued time must have been accumulated within the five years preceding appointment to CMC. Time accumulated may only be applied toward the first CMC sabbatical. In such cases, faculty members are expected to complete one year of service to the College prior to beginning a sabbatical leave.

Deans of the Faculty who serve five or more years are entitled to a one-year sabbatical at full pay after leaving the deanship. Associate Deans of the Faculty who serve three or more years are entitled to a one semester sabbatical at full salary or a one year sabbatical at half salary (the half salary for one year may be enhanced to 80% for the year through the enhanced sabbatical application procedures below) after leaving the associate deanship. Applications for one-year sabbaticals for Deans and for one-semester sabbaticals for Associate Deans at full pay go directly to the President for recommendation to the Board. Applications for enhanced one-year sabbaticals for Associate Deans at 80% pay must be submitted to the Faculty Research Committee. The purpose of the sabbatical is to provide the opportunity for the former Deans and Associate Deans to re-establish their research programs.

For those with a non-four course teaching load, one-semester leaves will be granted only for the semester of the academic year in which the faculty member will have the lighter course load.

7.1.2.2 Sabbatical Reports

By September 1 following the academic or calendar year during which a sabbatical took place, faculty are expected to submit to the Dean of the Faculty a final report about their activities and accomplishments. This report will be required for any future sabbatical applications and will be used in future reviews (e.g. post-tenure reviews).

7.1.2.3 Enhanced Sabbaticals

To encourage faculty members to devote themselves fully to scholarship and research while on their sabbatical leaves, the College will, depending upon the quality of the applications, enhance the funding of full sabbatical leaves of one year at half pay to one year at 80% and enhance the funding of half sabbatical leaves of one semester at half pay to one semester at 80% pay for tenured faculty. Faculty members seeking this additional level of support must:

Demonstrate in their applications the significance and likelihood of success of the research they are proposing to undertake while on sabbatical leave, and they must attach evidence that they have also applied for external support from a foundation, governmental agency, or other appropriate funding sources if such sources are available. Faculty may submit evidence of current external funding or application for external funding within 18 months prior to the sabbatical deadline.

Approval is based on the merits of the research proposal, on past performance in research, teaching, and service to the College, and on the effectiveness of previous sabbaticals in fulfilling proposed goals. In those cases where a faculty member is successful in securing external funding for sabbatical pay, the College will fund only that portion of the enhanced sabbatical leave that, when combined with external support, equals 100% of full salary.

7.1.2.4 Sabbatical Leaves Not Automatic

Sabbatical leaves are not granted automatically. The APT Committee or the Board of Trustees may postpone or refuse proposals. During any year or semester they may establish priorities and defer leaves, after considering the effects of such leaves upon the instructional program, the availability of competent replacements, the leaves previously granted each applicant, and the length and continuity of service. The Dean of the Faculty will consult with applicants’ department chairs to determine whether there are any concerns regarding staffing needs in light of department members’ proposed sabbatical plans. Any replacements of faculty who are granted sabbatical leaves must be negotiated between the Department and the Dean of the Faculty.

If a sabbatical is postponed, either by the College or by the faculty member, the additional semesters of full service will be counted as a part of the accumulated service required for the following sabbatical. (For example, if the first sabbatical is not taken until the 8th or 9th year of service, the faculty member will still be eligible for a second sabbatical in the 14th year.)

7.1.3 Non-Sabbatical Leaves (Including Junior Research Leaves)

Tenured faculty may be granted up to a two-year leave from CMC in order to try out faculty, research, or administrative positions. They must notify CMC of their intentions to return to the College upon completion of their leave by October 1 of the second year of their leave. Untenured faculty on a tenure-track contract may be granted a one-year leave from CMC in order to try out faculty, research, or administrative positions. They must notify CMC of their intentions to return to the College upon completion of their leave by March 15 of the year of their leave. Failure to notify the College by the specified date is tantamount to resignation. The notification deadline and the consequences of failure to meet that deadline will be spelled out in a letter from the College formally approving the leave request, which the faculty member will be asked to countersign. Such leaves should be requested in writing by March 15 of the academic year before the leave would take place. While faculty members are on unpaid leave, they may be asked to relinquish their offices and may not use CMC services such as IFAs and Faculty Support Centers.

With the exception of the one-semester junior research leave, non-sabbatical leaves shall not count toward semesters of service required for sabbatical leaves. Faculty members may request that one semester of unpaid leave immediately follow a one semester sabbatical or junior research leave for which they are eligible. If external funding is received for compensation during this unpaid leave, the external funding may be processed through CMC and paid to the faculty member up to full salary for the second semester. If a one-semester junior research leave is followed by a one-semester unpaid leave, only the junior research leave shall count toward semesters of service required for future sabbatical leaves. If a one-semester sabbatical is followed by a one-semester unpaid leave, neither semester shall count toward semesters of service required for future sabbatical leaves.

Normally two years of continuous service are required after a non-sabbatical leave before an applicant is eligible for a sabbatical leave.

7.1.3.1 Junior Research Leaves

Junior research leaves are normally taken by non-tenured tenure-track faculty after a successful third-year review. Junior research leaves are for one semester and are fully paid; they may not be accompanied with full-time paid employment elsewhere. The one semester of junior research leave counts toward semesters of service required for sabbatical leaves. Tenure-track faculty undergoing a third-year review are eligible to apply for junior research leaves; approval is contingent upon the successful outcome of the third-year review.

7.1.4 Returning to CMC

Faculty members receiving a paid sabbatical or other paid leave from CMC are required to return to employment at CMC upon completion of their leave. Faculty members are required to complete at least one full academic year after the completion of their sabbatical or paid leave. Failure to do so may result in required repayment of compensation, including benefits, received from CMC during the period of the leave.

Section 7.1 Revised April 27, 2018

7.2 Family and Medical Leave Policies for Faculty

7.2.1 Parental Leave Policies

I. CMC’S Paid Pregnancy Disability and Paid Parental Leave Policies for Faculty

A. Background

The following CMC Paid Pregnancy Disability and Paid Parental Leave policies (the Policies) describe categories of paid leave that may be available to CMC faculty members in connection with the birth, adoption, or foster placement of a new child.

Because the College is committed to providing a “family friendly” work environment for its faculty and staff, the following Policies meet and, in certain respects, significantly exceed relevant statutory leave requirements.

Indeed, in ordinary circumstances, these Policies are designed to provide eligible faculty members with up to a single semester leave at full pay.

At the same time, it is also important to recognize that all forms of leave, including pregnancy and parental leaves, result in a disruption of instructional programs and in the faculty member’s overall contribution to the College. As a result, within a framework that is consistent with applicable statutory requirements, the following Policies are intended to provide faculty members with the flexibility that they need in circumstances related to the birth, adoption, or foster placement of a new child, while at the same time minimizing the impact on the College’s instructional program.

B. Effective Dates

These Policies are effective beginning July 1, 2007.

C. CMC Paid Pregnancy Disability Leave

The College’s Paid Pregnancy Disability Leave Policy is administered in coordination with the College’s Voluntary Disability Insurance (short-term disability) and Long Term Disability Programs. Full-time or part-time faculty members may be eligible for a CMC Paid Pregnancy Disability Leave as follows:

Duration & Pay

The total length of the leave will be governed by the length of your medically certified, pregnancy related disability. In normal circumstances, the pregnancy leave period will be approximately six to eight weeks.

During the pregnancy disability leave, the faculty member remains on the regular CMC payroll at full salary but is required to apply for any short-term disability benefits for which the faculty member is eligible under CMC’s Voluntary Disability Plan. To the extent that the authorized pregnancy disability period is no longer than one year (i.e., the period of time covered by CMC’s Voluntary Disability Plan), CMC will coordinate its salary payments with short term disability benefits to provide the faculty member with approximately 100% of regular salary.

In the event that the authorized pregnancy disability period exceeds the one-year coverage period of the Voluntary Disability Plan, and if you are enrolled in the College’s Long Term Disability Plan, your salary and benefits will be limited to the benefits provided under the Long Term Disability Plan.

Notification

In order to facilitate planning, the faculty member should notify the department chair and the Dean of the Faculty as soon as possible and, where foreseeable, at least four months prior to the expected beginning of the pregnancy disability leave. If it is not possible to provide a four months notice, notice must be provided as soon as practicable - within one or two days of learning of the need for the leave.

Medical Certification

Faculty members requesting a pregnancy disability leave must provide a medical certification from their attending physicians. The certification must include the date the disability began, the probable duration of the disability, and a statement that the disability renders the employee unable to perform one or more of the essential functions of the employee’s position.

Questions

Faculty who have questions regarding CMC’s Paid Pregnancy Disability Leave Policy should contact The Claremont Colleges Services Office of Risk Management and Benefits Administration at:

TCCS Workers’ Compensation & Disability Office
TCCS Administrative Campus Center
101 S. Mills Avenue
Office Hours: Monday - Friday 8:00 am to 5:00 pm
Phone (909) 621-8847
Fax (909) 607-9688

D. CMC Paid Parental Leave

The College’s Paid Parental Leave Policy is intended to provide faculty members who become new parents with additional flexibility in their work schedule at the time of the birth, adoption, or foster placement of a child.

Eligibility

Regular, full-time tenured or tenure-track faculty members with one year or more of service at CMC will be eligible for benefits under the CMC Paid Parental Leave Policy. Faculty members on a leave of absence not provided under federal or state law are not eligible for this paid benefit. Parental leave may be taken by either parent. However, if both parents are employed by CMC, they are requested to take their parental leaves at different times so that both are not on leave simultaneously.

Limitation on CMC Paid Parental Leaves

CMC Paid Parental Leaves for the birth, adoption, or foster placement of a child are limited to one leave per “event” for each full-time CMC faculty member. Multiple births (e.g. twins, triplets) and the adoption of more than one child through a single adoption proceeding, in each case, is deemed to be one “event”. Similarly, the placement for foster care of more than one child through a single foster placement proceeding is deemed to be one “event.”

CMC Paid Parental Leaves for the birth, adoption, or foster placement of a child are limited to no more than 2 birth, adoption, or foster placement events during a person’s employment with CMC.

Parental leaves taken on or before July 1, 2007 will not apply to this 2 event limitation.

Standard CMC Paid Parental Leave

Faculty members experiencing a birth, adoption, or foster placement event are eligible to receive a one-course teaching reduction with full pay in order to bond with the new child.

Standard Paid Parental Leave will be coordinated with other paid and unpaid leaves (if any) as determined by CMC and consistent with applicable law.

Enhanced CMC Paid Parental Leave

Faculty members experiencing a birth, adoption, or foster placement event and who have substantial and sustained childcare responsibilities (defined below) are eligible to receive a two-course teaching reduction with full pay in order to bond with the new child and fulfill those childcare responsibilities.

Enhanced Paid Parental Leave will be coordinated with other paid and unpaid leaves (if any) as determined by CMC and consistent with applicable law.

An Enhanced Parental Leave is intended for eligible faculty members who have “substantial and sustained childcare responsibilities,” which means that the faculty member requesting an enhanced parental leave is required to be the primary caregiver for the new child for at least thirty hours during the work week during the hours from 8 a.m. to 7 p.m., Monday through Friday.

When Taken

The Standard or Enhanced Parental Leave provided by this Policy shall normally be taken

  • During the semester in which the child is born or placed for adoption when such birth or adoption event occurs during the first six weeks of a teaching semester;
  • During the semester following the birth or adoption event when such event occurs during the last six weeks of a teaching semester or during a semester break; or
  • At the option of the faculty member, during the semester of the birth or adoption event or the subsequent semester when such birth or adoption event occurs more than six weeks after the beginning of a teaching semester and more than six weeks prior to the end of a teaching semester

For the purposes of this Policy, each “teaching semester” shall run from the first day of classes through the last day of examinations.

The College recognizes that, depending on the circumstances or timing of a particular birth, adoption or foster placement event, alternative arrangements may be appropriate. In these circumstances, faculty members are encouraged to consult with the Dean of the Faculty to determine an appropriate alternative leave arrangement for the mutual convenience of the faculty member and CMC. Although an alternative arrangement is subject to approval by the Dean of the Faculty, it is understood and expected that the Dean of the Faculty will work cooperatively and in good faith to reach a comparable, mutually convenient alternative with the faculty member.

Notification

In order to facilitate planning, the faculty member should notify the department chair and the Dean of the Faculty as soon as possible to arrange for the appropriate paid parental leave under this Policy, but not later than three months prior to the expected beginning of the leave or as soon as the date of adoption or foster placement is known, when it is less than three months.

Application for Paid Parental Leave

To apply for a paid parental leave, faculty members should complete the form entitled “Paid Parental Leave Application Form for Faculty.”

Relationship to Statutory Unpaid Leave Rights and Paid Family Leave Insurance Benefits

Faculty members who have exceeded the foregoing limit of two Paid Parental Leaves may be eligible to take an unpaid parental leave for up to 12 weeks pursuant to the College’s Family and Medical Leave Policy, which is set forth in Section II below. Although a Family and Medical Leave is unpaid, the faculty member may also be eligible to receive Paid Family Leave insurance benefits through the College’s Voluntary Disability Insurance Plan , which provides partial payment for up to 6 weeks during a 12-month period to bond with a newborn child, adopted or foster child, stepchild, legal ward, a child of a registered domestic partner, or a child of a person standing in loco parentis (guardian) who is under age 18 or over age 18 and disabled.

Faculty members who have questions regarding Paid Family Leave insurance benefits should contact the Office of Risk Management and Benefits Administration at The Claremont Colleges Services by visiting their website.

E. Concurrent Leave Requirement

Where applicable, a faculty member’s leave under the CMC Pregnancy Disability Leave Policy shall run concurrently with leave under the CMC Paid Parental Leave Policy beginning with date of the birth event.

Consistent with applicable law, a faculty member’s leave under the CMC Pregnancy Disability Leave Policy and/or the CMC Paid Parental Leave Policy shall also run concurrently with any exercise of statutory leave rights pursuant to the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and/or California Pregnancy Disability Leave (PDL)(which are described in Section II, below).

F. Benefits and Taxes

Compensation received from Voluntary Disability Insurance, the CMC Paid Pregnancy Disability Leave policy, the Paid Family Leave benefits and/or the Faculty Paid Parental Leave policy will attempt to match the individual’s normal rate of pay and will be subject to all standard withholdings and authorized deductions. Health and welfare benefits will continue throughout the leave and the faculty member will  continue to be responsible for the faculty member’s portion of the premium payment. Premium payments can be deducted from disability and paid leave benefits by authorizing such deductions at the time of your disability leave through either the Human Resources Office or the Disability Office. Compensation received in the form of Voluntary Disability Insurance, CMC Paid Pregnancy disability leave benefits, the Paid Family leave benefits and/or the Faculty Paid Parental leave benefits are not considered eligible earnings for purposes of retirement plan employer contributions or employee elective deferrals.

Therefore, there are no employer contributions or employee deferrals made on these benefits.

G. Reinstatement

To the extent required by applicable law or College policy, the College will reinstate a faculty member returning from a CMC Pregnancy Disability Leave or a CMC Paid Parental Leave to the same position or to a comparable position.

H. Return to Work

Faculty members, who are reinstated after their leave, are required to resume their regular teaching load upon completion of their pregnancy disability and/or paid parental leave and are expected to serve at the College for at least one year following completion of a CMC Paid Parental Leave in order to retain the benefits of the leave including salary paid.

I. Tenure and Sabbatical Considerations

The tenure clock for an untenured faculty member will be delayed for a period of one year in connection with the untenured faculty member’s first CMC Pregnancy Disability Leave and/or CMC Paid Parental Leave. An untenured faculty member may waive this one-year delay, or request a shorter delay, by submitting a written request to the Dean of the Faculty prior to the leave commencing. Except in very unusual circumstances, the tenure clock cannot be stopped for more than one year during a faculty member’s employment at CMC.

With respect to sabbaticals, any leave in which the faculty member does not have teaching or administrative obligations to CMC will not ordinarily count toward time of service for a sabbatical leave. When partial leaves are taken which constitute less than a 50% reduction in workload, time of service shall count as if there had been no leave. When special arrangements are negotiated, sabbatical credit shall be allocated under the principle that when a 50% or greater workload is carried, the faculty member has reason to expect that there will be no delay in the normal sabbatical clock because of the leave, although it is understood that faculty members may be asked to delay taking a sabbatical for other reasons.

J. Service Considerations

Faculty members on a Standard Paid Parental Leave are normally expected to continue meeting their regular service responsibilities.

Service expectations for faculty members on an Enhanced Paid Parental Leave generally correspond to when faculty members are on sabbatical. In particular, faculty members will not be expected to perform any College service during the Enhanced Parental Leave Period. However, faculty members are welcome to participate in College service to the extent that they are willing and able to do so.

K. Teaching Considerations

In circumstances in which faculty members who are teaching begin pregnancy disability leave once the semester is already in progress, they are normally expected to provide their Department Chair with a course syllabus (including a list of assigned readings) and a record of grades assigned to that point. Faculty members are not responsible for any course planning or grading during the pregnancy disability leave; in particular, faculty members are not expected to provide any lesson plans or lecture notes for the remainder of the semester.

L. Examples

The following chart sets out a series of examples illustrating the application of the Paid Pregnancy Disability and the Paid Parental Leave Policies.

Examples: Application of Pregnancy and Parental Leave Policies:
1. Birth mother with certified disability from May 1 through June 30; birth event on May 3; has substantial and sustained child-care responsibilities.
  • Pregnancy: Eligible for paid pregnancy leave from May 1 through June 30.
    • Faculty member must apply for VDI.
    • VDI benefits coordinated with CMC salary to provide approximately 100% of regular salary.
  • Enhanced Parental: Because birth event occurred with less than six weeks remaining in the spring semester, the faculty member is eligible to request a two-course reduction at full-pay for the fall semester.
    • Faculty member must complete appropriate forms with Human Resources / DOF’s office.
2. Birth mother with certified disability from October 10 through December 10; birth event is on October 15; has substantial and sustained child-care responsibilities.
  • Pregnancy: Eligible for paid pregnancy leave from October 10 through December 10.
    • Faculty member must apply for VDI.
    • VDI benefits coordinated with CMC salary to maintain approximately 100% of regular salary.
  • Enhanced Parental: Because birth event occurs more than six weeks after the beginning of the semester and with more than six weeks remaining in the semester, the faculty member is eligible to request a two-course reduction at full-pay for the fall or spring semesters.
    • Faculty member must complete appropriate forms with Human Resources / DOF’s office.
3. Father with a birth or adoption event on Sept. 30; does not have substantial and sustained child-care responsibilities.
  • Pregnancy: Not eligible.
  • Standard Parental: Because birth event is within the first six weeks of the semester, the faculty member is eligible to request a standard one-course reduction at full-pay for the fall semester.
    • Faculty member must complete appropriate forms with Human Resources / DOF’s office.
4. Birth mother having a third child with a certified disability from July 1 through August 31.
  • Pregnancy: Eligible for paid pregnancy leave from July 1 through August 31.
  • Faculty member must apply for VDI.
  • VDI benefits coordinated with CMC salary to maintain approximately 100% of regular salary.
  • Unpaid Leave: Eligible to take an unpaid leave for up to 12 weeks pursuant to state and federal Family and Medical Leave Acts. Also eligible to apply for Paid Family Leave benefits (which provides partial compensation for wage loss) for up to six of these weeks pursuant to the College’s Voluntary Disability and Paid Family Leave Plan.

II. Other Statutory Unpaid Leaves

Described below are additional family and medical leaves that are provided for by state or federal law. Each of these leave entitlements will be run concurrently with each other and with any applicable paid leave benefits provided by the College – consistent with applicable law.

A. Family & Medical Leave
Eligibility

All full-time or part-time employees who have been employed for at least 12 months and worked at least 1,250 hours in the 12-month period prior to the leave request are eligible for a family/medical leave based on both the Family & Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) as follows:

Duration

Up to 12 workweeks in a 12-month period. The 12-month period is measured on a “rolling” system, backward from the date an employee uses any family/medical leave. Employees disabled by pregnancy may be eligible for additional leave.

Reason For Leave
  • Birth of a child.
  • Placement of a child with the employee for adoption/foster care.
  • To care for a spouse, domestic partner, child, or parent with a serious health condition.
  • Employee’s own serious health condition makes the employee unable to perform duties.

A “serious health condition” is an illness, injury, impairment, physical or mental condition that involves inpatient care or continuing treatment by a health care provider, as defined under state and federal law.

Leave taken for any of these reasons will be counted as family/medical leave under the federal Family and Medical Leave Act and applicable California laws. To the extent permitted by law, family/medical leave shall run concurrently with any other leave to which the employee is entitled.

Leave taken for the birth or placement of a child must be taken within one year of the birth or placement. Evidence of the birth, adoption or foster placement event will be required. This is commonly a birth certificate or appropriate court documents.

Intermittent Leave

In some circumstances, family/medical leave may be taken intermittently or on a reduced schedule.

Limitation If Both Parents Are Employees

If both parents work for the College and the leave requested is for the birth, adoption or foster care placement of a child, the College will not grant to the parents more than a combined total of 12 workweeks of family/medical leave within a 12-month period.

Notification

If the need for a leave is foreseeable, the employee must provide 30 days’ written notice of need for the leave. If the need for a leave is not foreseeable or if it is otherwise not possible to provide 30 days’ notice, notice must be provided as soon as practicable - within one or two days of learning of the need for the leave.

Medical Certification

If the leave is due to the employee’s illness or to care for an ill family member, the employee must provide certification from the health care provider. If the leave is needed to care for an ill family member, the certification must contain the following information:

  1. date of commencement of the serious health condition;
  2. probable duration of the condition;
  3. estimated amount of time the employee will be needed to provide care;
  4. that the serious health condition warrants the participation of a family member to provide care.

If the leave is needed for the employee’s own serious health condition, the certification must contain the following information:

  1. date of commencement of the serious health condition;
  2. probable duration of the condition;
  3. that the employee is unable to perform the function of the employee’s position because of the serious health condition or must be absent from work for medical treatment.

Certification must be provided within 15 calendar days of the date the College requests the certification unless the employee can demonstrate that, despite good faith efforts, obtaining certification during that period was not possible. Failure to provide a timely medical certification may result in denial of a family/medical leave.

Second and Third Medical Opinion

If the leave is due to the employee’s own illness, the College may require the employee to obtain a second medical opinion from a health care provider selected by the College. In the event the first and second opinions differ, the College may require the employee to obtain a third medical opinion from a mutually agreed upon health care provider. The third opinion will be binding on the employee and the College. The second and third medical opinions, if required by the College, will be at College’s expense.

Fitness For Duty Certificate

In addition, if the employee’s leave is due to the employee’s own serious health condition, the College will require certification by the employee’s health care provider that the employee is fit to return to their position before the employee will be restored to their job.

Reinstatement

With few exceptions, an employee who returns from an approved leave will be restored to the same or equivalent position. If, however, due to business reasons, the same or equivalent position ceased to exist during the employee’s leave, and, had the employee not taken the leave, the employee would not otherwise have been employed at the time reinstatement is requested, the College may not be required to reinstate the employee. In certain circumstances, the College may deny reinstatement to an employee who is salaried, and among the highest paid 10 percent of the employees working for the College within 75 miles of the employee’s work site, if necessary to prevent substantial economic injury. An employee who fails to return to work at the end of the approved leave period will be considered to have voluntarily resigned.

Benefits

Family/medical leave is unpaid.

Employees may be eligible to receive Short-Term Disability or Paid Family Leave insurance benefits, as provided under the College’s Voluntary Disability Insurance Program (VDI).

CMC will supplement the Disability income from the College’s Voluntary Disability Plan, to provide any benefits eligible faculty members with up to approximately 90% of their regular base salary during a medical leave for their own serious health condition, for the period of time employees are covered by CMC’s Voluntary Disability Plan or up to one year whichever is less.

In the event that the authorized disability period exceeds the one-year coverage period of the Voluntary Disability Plan, or if you are enrolled in the College’s Long Term Disability plan, your salary and benefits will be limited to the benefits provided under the Long Term Disability Plan.

The College will continue employees’ insurance coverage while employees are on family/medical leave under the same terms and conditions as were provided while the employees were working. The employees will still be responsible for the same premiums for their insurance benefits as if they were at work. If employees are on an unpaid leave of absence, they will need to send a check to the Benefits Office for their portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of coverage.

If an employee fails to return from the leave, or returns to work for less than 30 days, the College may recover from the employee the premiums it paid for maintaining insurance coverage during the leave period.

Approved by the Faculty December 14, 2012

If you have questions regarding Short-Term Disability or Paid Family Leave insurance benefits, please contact the Workers’ Compensation and Disability Administration at The Claremont Colleges Services by visiting their website.

B. California Pregnancy Disability Leave

Full-time or part-time employees may be eligible for California Pregnancy Disability Leave as follows:

Duration

Employees are entitled to a maximum four month unpaid leave for disabilities due to pregnancy. To the extent permitted by applicable law, for employees who work less than full-time, or on alternative work schedules, the maximum amount of leave will be adjusted on a proportional basis.

California Pregnancy Disability Leave will not run concurrently with any leave for the birth or placement of a child in foster care under the CFRA. California Pregnancy Disability Leave will run concurrently with leave under the FMLA and to the extent permitted by applicable laws, with any other leave to which the employee is entitled.

Transfer

Employees who are disabled due to pregnancy may be transferred to a less strenuous position, provided that: (1) the employee requests a transfer; (2) the transfer is medically necessary; and (3) the College can reasonably accommodate the transfer.

Leave Notice

Employees must provide at least 30 days’ advance notice before pregnancy disability leave or transfer is to begin if the need for the leave or transfer is foreseeable. If the need for a pregnancy disability leave or transfer is not foreseeable, employees must give notice as soon as practicable.

Medical Certification

Employees requesting a pregnancy disability leave must provide a medical certification from their attending physicians. The certification must include the date the disability began, the probable duration of the disability, and a statement that the disability renders the employee unable to perform one or more of the essential functions of  the employee’s position.

Benefits

California Pregnancy Disability Leave is unpaid.

The College will continue the employee’s insurance coverage under the same terms and conditions as were provided while the employee was working for the period of California Pregnancy Disability Leave that is also covered by FMLA. The employee will still be responsible for the same premiums for insurance benefits as if at work. If the employee is on an unpaid leave of absence, the employee will need to send a check to the Human Resources Director for the employee portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of coverage.

If the employee fails to return to work at the expiration of the leave, the College will consider the employee to have voluntarily resigned and may recover the premium cost the College incurred during the leave, unless the employee does not return due to a serious health condition or circumstances beyond the employee’s control. If the employee returns to work for less than 30 days following a pregnancy disability leave, the College may recover the premium cost it incurred to maintain the benefits during the period the employee was on leave.

Reinstatement

To the extent required by applicable law or College policy, the College will reinstate an employee returning from a California Pregnancy Disability Leave to the same position or to a comparable position.

Approved by the Faculty, December 7, 2007

7.2.2 Other Types of Leave

The following specific types of leave are mandated by the State of California. Due to the nature of Faculty contracts, CMC Faculty may not find all of the provisions in these policies to be relevant to their contractual relationship with the College. CMC encourages Faculty in these situations to contact the Office of Human Resources if they have any questions about these leaves and to reach out to the Dean of the Faculty’s Office for support, as each Faculty member deems appropriate.

7.2.2.1 Sick Leave

CMC will provide eligible faculty members time off from work with pay to recuperate from short-term illnesses and for other purposes, as defined in the Sick Time Policy .

7.2.2.2 School Visits Leave

Faculty members are eligible to take time off work to visit their child’s school if they are a parent or guardian of a child in kindergarten or grades 1-12, inclusive, and the child was suspended. Faculty members wishing to exercise their rights under this leave must give “reasonable notice” to the College that they are requested to appear in their child’s school because the child was suspended. Provided a faculty member meets the requirements set forth in this provision, the faculty member will be entitled to full compensation while on a School Visit Leave.

7.2.2.3 School Activities Leave

Faculty members are eligible to take leave to participate in school activities if they are a parent, guardian or grandparent of a child in kindergarten or grades 1-12, inclusive. Leave under this provision may not exceed 8 hours in any calendar month of the school year, or 40 hours each school year. Faculty members wishing to exercise their rights under this Leave must provide the College with reasonable notice of the planned absence. The College reserves the right to request documentation from the school as proof that the faculty member participated in the school activity on the specified date. Provided a faculty member meets the requirements set forth in this provision, the faculty member will be entitled to full compensation while on a School Activities Leave. Note that the College is not required by law to compensate employees who take a leave under this provision. In fact, the law provides that employees must use existing vacation, personal leave, or compensatory time off for this type of leave. In addition, if both parents are employed by the College, only one parent is entitled by law to take a leave under this provision.

7.2.2.4 Domestic Violence/Sexual Assault Victim Leave

All faculty members who are victims of domestic violence or sexual assault are eligible for leave to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of the victim or the victim’s child, including obtaining restraining orders or other forms of injunctive relief, medical, psychological and social services. Faculty members wishing to take a leave under this provision must give “reasonable advance notice” if feasible. If an unscheduled absence does occur, the College reserves the right to request certification in the form of a police report, court document or document indicating the faculty member is undergoing treatment for injuries from an act of domestic violence or sexual assault. Leave taken under this provision is unpaid; however, a faculty member may use available vacation, personal leave, or compensatory time off.

7.2.2.5 Crime Victims Leave

All faculty members who are victims of a violent or serious felony, or felonious theft or embezzlement are eligible for leave in order to attend judicial proceedings related to that crime. Immediate family members, registered domestic partners, and children of registered domestic partners of a victim of such crimes are similarly eligible. An “immediate family member” is defined as a spouse, child, stepchild, sibling, stepsibling, parent, or stepparent. Leave taken under this provision is unpaid; however, the faculty member may use vacation, personal time off, compensatory time off or available forms of paid leaves.

7.2.2.6 Jury Duty

In order to allow for an Employee to fulfill one’s civic obligation, Claremont McKenna College provides regular, full-time and part-time Employees pay for jury duty up to a maximum of ten (10) days during any calendar year. New Employees must satisfy their initial review period (180 days) in order to be eligible for jury duty pay. The College may require Employees to request a deferment of their jury duty if such time off results in an undue hardship on the department or the College. However, the court has the final say whether this deferment will be granted.

Employees who receive a notice to report for jury duty are to immediately notify their supervisor and submit a copy of the notice/summons to Human Resources. If Employees are required to report, they will continue to receive their regular base pay for the period of the jury duty up to the ten-day period. Every Employee serving jury duty must submit to Human Resources proof of service from the court. If such proof is not provided, the time off will be without pay or the Employee may request that the time off be deducted from accrued but unused vacation time. If Exempt Employees work any portion of a workweek in which they take time off without pay under this policy, they will receive their full salary for that workweek.

NOTE: Sections 7.2.2.1-7.2.2.6 are mandated by California State Law