900.700 - Leaves of Absence

UCSC:APO:CAPM rev:07/13

The department chair or division office has information on how to apply for a leave. Contact the Benefits Office for information concerning the effect of leaves on health, retirement, vision, dental and other benefit plans.

A. POLICY REFERENCES

Please refer to Section V., Benefits and Privileges, of the Academic Personnel Manual (APM) for University policy concerning the following types of leaves.

B. GENERAL

Because nine-month academic appointees are expected to be present from the beginning of the Fall quarter through the end of the Spring quarter, any appointee returning after the beginning of the Fall quarter or leaving before the end of the Spring quarter should apply for a leave of absence in accordance with the applicable leave policy.

C. AUTHORITY

Authority to approve leaves has been delegated as follows; however, the Campus Provost/Executive Vice Chancellor retains authority for all exceptions to the leave policies. (Refer to Sabbatical Leave, Section G and Authority to Approve Leaves Chart, Section H, for additional information.)

1 .Sick Leave for Academic Appointees Not Eligible to Accrue Sick Leave

  • Department chair for leaves that do not exceed 7 calendar days
  • Dean for leaves beyond 7 calendar days

2. Sick Leave for Academic Appointees Eligible to Accrue Sick Leave

  • Department chair or PI may approve sick leave up to 7 days of appointees accrued balance
  • Dean have authority for sick leaves greater than 7 days

3. Vacation for Fiscal Year Employees:

  • Department chair or PI may approve vacation up to the total of appointees accrued vacation balance as appropriate

  • **NOTE: Academic personnel appointed on a fiscal-year basis for 6 months or more at 50% time or more accrue vacation leave. An appointee, who is not eligible to earn vacation because the initial term of the appointment was less than 6 months, may become eligible if the term of the appointment is extended to a period of 6 months or more. In that situation, the vacation accrual would be retroactive to the beginning of the initial appointment.

4. Sabbatical Leave (See Also: Section G):

5. Leave for Service to Governmental Agencies: (See APM 750 for restrictions)

  • Department chair for leaves that do not exceed 7 calendar days; or 30 calendar days if delegated to department chair by the dean
  • Dean for leaves beyond 7 calendar days, if not delegated to department chair

6. Military Leave:

  • Department chair for leaves that do not exceed 7 calendar days
  • Dean for leaves beyond 7 calendar days

7. Leave to Attend Professional Meetings:

  • Department chair for leaves that do not exceed 7 calendar days; or 30 calendar days if delegated to department chair by the dean
  • Dean for leaves beyond 7 calendar days, if not delegated to department chair

8. Other Leaves with Pay:

  • Dean for leaves with pay that do not exceed 12 months
  • President for leaves with pay beyond 12 months

9. Other Leaves without Pay:

  • Department chair for leaves that do not exceed 7 calendar days
  • Dean for leaves beyond 7 calendar days

D. EXTENDING THE TENURE CLOCK

  1. Childbearing, Parental Leave, or a combination of both, which is equal to or exceeds one quarter and which is not greater than one year, whether with or without salary, is automatically excluded from service toward the eight-year period. The faculty member must inform the department chair in writing before, during, or within one quarter after the leave, if he/she wishes the time to be included as service toward the eight-year period.

  2. Upon written certification by a faculty member that he/she is responsible for 50 percent or more of the care of their infant or newly adopted child under age five, an automatic extension of the probationary period of one year shall be registered. Such certification must be made within two years of a birth or adoption and may not be made after the tenure review has begun. There is a limit of two such extensions during the probationary period.

  3. With the exceptions of Childbearing and Parental leaves, periods of leave, either with or without salary, are included as service toward the eight-year period. Exception may be granted only if requested in conjunction with the original leave request, or in the case of sick leave, within one quarter after the leave is taken. The Chancellor, after consultation with the Committee on Academic Personnel, may determine that the activity undertaken during the course of the leave is substantially unrelated to the individual’s academic career.

E. FAMILY ACCOMMODATIONS

The benefits discussed below are governed by the terms of the applicable Academic Personnel Manual policies. A reading of the relevant APM section should augment the following brief descriptions.

  • 1. Family and Medical Leave

    Policy Reference: APM 715

    a. Family and Medical leave shall be granted to eligible academic appointees for the purpose of caring for the appointee’s own serious health condition; to care for the appointee’s child, parent, spouse or domestic partner with a serious health condition; or to care for the appointee’s newborn child or a child newly placed with the appointee for adoption or foster care.

    • Eligible academic appointees are entitled to up to 12 workweeks of unpaid family and medical leave during the calendar year.

    • Appointees may be eligible under University policy to take other types of leave to care for other family members, including domestic partners, and other persons residing in the appointee’s household.

  • 2. Childbearing Leave

    Policy References: APM 710, 715, 760

    a. Childbearing leave shall be granted, on request, for the purposes of childbirth and recovery in accordance with the following provisions: (See APM 760-25 for compensation, duration and eligibility.)

    • Normally 6 weeks in duration (a doctor's statement that faculty member is unable to perform duties is required);

    • No duties are required by the university during childbearing leave;

    • Those appointees who accrue sick leave must use it; and

    • Non-senate academics: for those who do not accrue sick leave, leave with pay is granted if the individual has served in her title for at least one year. If service is less than one year, leave with pay will be granted for approximately the period which would be accrued during the appointment in accordance with the accrual rates listed in APM 710-18.

  • 3. Parental Leave without Pay

    Policy Reference: APM 715, 760-27

    a. Parental leave without pay may be granted for up to one year to any academic appointee for the purposes of caring for a child of the appointee, the appointee’s spouse, or the appointee’s domestic partner. Normally this unpaid leave, when combined with Childbearing Leave, Family and Medical Leave, and/or Active Service-Modified Duties, shall not exceed one year for each birth or placement of a child for adoption or foster care.

  • 4. Active Service-Modified Duties

    Policy Reference: APM 760-28

    a. Active-Service Modified Duties is not a leave but a period during which normal duties are reduced.

    b. Periods of Active Service-Modified Duties, with pay, shall be granted on request to any academic appointee who has 50 percent or more of the care of a newborn child or a child under age five newly placed for adoption or foster care. Active Service-Modified Duties is provided in order that the academic appointee can prepare and/or care for the appointee’s, appointee’s spouses, or appointee’s domestic partner’s newborn or newly placed child under the age of five. Eligibility for one quarter of Active Service-Modified Duties shall normally extend from 3 months prior to 12 months following the birth or placement and shall be concluded within 12 months following the birth or placement.

    An academic appointee who is a birth mother and who has a full-time appointment for at least one full academic year (three quarters) is eligible for a total period of Childbearing Leave plus Active-Service Modified Duties of two quarters to enable her to recover fully from the effects of pregnancy and childbirth and to prepare for and/or care for the newborn child. If she gives birth during the summer or an off-duty term, she is still eligible for a total period of Active-Service Modified Duties of two quarters.

    All other academic appointees are eligible for a total period of Childbearing Leave plus Active Service-Modified Duties of one quarter.

    An academic appointee shall provide notice to the department chair of the need for a period of Active-Service Modified Duties. The notice must include a written statement by the appointee certifying that he or she is responsible for 50 percent or more of the care of a newborn child or a child under age five newly placed for adoption or foster care.

F. MEDICAL CERTIFICATION

  1. Medical Certification -
    For all leaves of thirty (30) calendar days or more, medical certification documenting the need for leave due to an employee’s illness or, for an eligible family leave, a family member’s illness, is required and must be completed by the health care provider of the individual needing the care. Employees are responsible for obtaining this medical certification. Failure to provide the required documentation in a timely manner will result in delay or denial of the leave.

  2. Return to Work Certification -
    Employees granted a leave, paid or unpaid, of thirty (30) calendar days or more due to their own illness (other than pregnancy disability), must provide a return to work certification. An employee who fails to provide a return to work certification may have his/her reinstatement delayed until the required certification is provided.

  3. For a Work-Related Illness or Injury -
    If the need for leave arises from a work-related illness or injury, Worker’s Compensation laws require a medical certification and a return to work certification for all absences of three (3) days or more.

  4. See also, “UCSC Campus Leave of Absence Guidelines and Procedures” for information related to leaves of absence, including a description of the types of documentation that may be required of the employee: http://shr.ucsc.edu/shr-procedures/section-e/e9loa.pdf.

G. SABBATICAL LEAVE

Sabbatical leaves are not and have not been granted as a matter of individual right; rather they are and have been accorded to qualified members of the academic staff to enable them to be engaged in intensive programs of research and/or study so as to become more effective teachers and scholars and to enhance their service to the University. Please refer to APM 740 for statement of purpose, definition, concepts, types, qualifying service, exceptions, eligibility, restrictions, compensation, and special appendices.

There are two types of sabbatical leave and one exception to the sabbatical leave policy which are detailed below:

  1. Regular Sabbatical Leave:
    This is leave from all regular duties to enable to individual to devote their time fully to research and/or study. 9 sabbatical credits are required for each quarter of regular sabbatical leave at full salary. 6 sabbatical leave credits are required for each quarter of regular sabbatical leave at 2/3 salary. Where the faculty member applying for a regular sabbatical leave holds an administrative position and wishes to continue their service during their sabbatical leave (i.e. college provost), any stipend associated with their service shall be included in determination of their regular salary.

  2. In-Residence Sabbatical Leave:
    This is leave where the faculty member is 1) in physical residence during the quarter(s) and 2) teaching a regularly scheduled class that meets at least three hours per week. In rare instances, a faculty member may apply for an exception from the EVC to permit substitution of significant University service for some or the entire teaching/instructional requirement of the in residence sabbatical leave (APM 740-8(b)).

  3. Exception for Substitution of Significant University Service:
    As with a regular in-residence sabbatical leave, the faculty member is in physical residence during the quarter(s) of the leave but has instead chosen to substitute significant University service for some or all of the teaching requirements. The substituted service must be essential in nature to the continued mission of the campus or University, as determined by the EVC, and require a time commitment equal to or greater than that associated with teaching a five-unit course on the UCSC campus including class preparation time. Examples of such service include serving as college provost, chair of CAP, or chair of the Academic Senate. Service as department chair may qualify depending on the size of the department and the complexity of the issues facing the department at that time. However, in practice, granting sabbatical leave of any type to a department chair or college provost during the initial three-year period of service is usually not in the institution’s best interest. The “significant University service” requirement may also be met by a combination of essential service assignments. In no event may the applicant receive a stipend for their substituted service during the period of their sabbatical in residence.

Applications for a sabbatical leave or a sabbatical leave in residence shall be submitted to the appropriate dean via the department chairperson and will comply with all requirements of APM 740-94. Sabbatical leave reports must be submitted to the departmental chair within 90 days following return from the leave.

Applications for the exception substituting significant University service for some or all of the teaching requirements of the regular sabbatical leave in residence shall be submitted to the appropriate department chairperson who may add a recommendation and then shall forward the application to the dean for consideration and submission to the EVC for final approval. College provosts requesting a substitution of significant service exception shall submit their application to the VPDUE for recommendation. The VPDUE shall then forward the application to the dean for consideration and submission to the EVC. The application shall comply with all requirements of APM 740-94 and must include a written request for a substitution of significant service exception. The request must include a statement from the faculty member certifying that the service will meet the required time commitment.

H. PRESUMPTIVE RESIGNATION POLICY AND PROCEDURES

If any academic appointee is absent from academic duty for 30 calendar days or more without an approved leave, or does not return to academic duty for 30 calendar days or more after an approved leave expires, the University shall presume that the academic appointee has resigned from his or her University appointment and shall separate that appointee (subject to the conditions and timelines set forth below). In such cases, the department chair shall make appropriately diligent efforts to establish the starting date of the unexplained absence.

"Absent from academic duty" means a lack of physical presence coupled with a failure by an academic appointee to meet assigned or contractual responsibilities.

This presumptive resignation policy does not apply to absences due to intersession nor does it apply when it is established that an academic appointee is absent due to:

  • an approved medical leave (APM - 710, Sick Leave) in cases of a long term or serious disability that cannot be reasonably accommodated, or when a request for medical leave is no longer approved in anticipation of medical separation; in such cases APM - 080, Medical Separation is the applicable policy; or

  • discipline imposed by University APM - 015 (The Faculty Code of Conduct), APM - 016 (University Policy on Faculty Conduct and Administration of Discipline), APM - 150 (Non-Senate Academic Appointees/Corrective Action and Dismissal) and court action(s) including stay-away orders.

1.  Written Notice of Intent to Separate the Appointee
Following a 30-day absence as described above, and a documented effort during that interval to contact the appointee via phone, mail, email and internet search, the dean will send by registered mail to the appointee's home address on payroll file a written notice of intent to deem the appointee's unapproved absence as a presumed resignation with a copy to the Chair of the Committee on Privilege and Tenure.  The notice shall state that if the appointee has not (a) returned to academic duty or (b) sought and been granted an appropriate leave, the appointee will be deemed to have resigned from the University effective on the 61st day after the date of the letter, with a resulting cessation of pay and benefits.  The written notice of intent shall advise the appointee that s/he has a right to make an oral or written response, within 30 consecutive days of the date of the notice, to a named campus administrator at a specified address, and the date by which a response must be received.

2.  Response to Written Notice of Intent

  • a.  In order to terminate the effect of the notice of intent and subject to b.2. (below), an appointee’s oral or written response that s/he is not resigning must be followed by either (a) return to academic duty or (b) an approved leave.  An appointee’s failure to return to duty or to obtain an approved leave may result in a presumed resignation effective on the 61st day after the date of the notice of intent to deem the appointee’s absence as a presumed resignation, with a resulting cessation of pay and benefits.*

    *The fact that an appointee may return to academic duty or obtain an approved leave, after being absent without an approved leave, does not preclude the imposition of discipline for the absence without leave, pursuant to applicable policies and procedures.

  • b.  An appointee’s response may rebut the presumption of resignation in the judgment of the dean by establishing through the provision of reliable information that, through no fault of his/her own, the leave could not have been obtained prior to the first day of absence or during the intervening period. Thereafter, the appointee shall either (a) return to academic duty or (b) obtain an approved leave.

  • c.  An appointee's response that s/he is resigning constitutes an actual, not a presumptive, resignation.

3.  Written Notice of Action to Separate the Appointee
Following review of the appointee's response, if any, and following written notification to the chair of the Committee on Privilege and Tenure and the Committee's response, the dean will make a final determination whether a non-Senate appointee is deemed to have resigned and so notify the appointee in writing.  In cases involving Academic Senate members, the Chancellor will make the final determination and so notify the appointee in writing.  The written notice shall advise the appointee of a right to a hearing.

4.  Right to a Hearing
An appointee deemed to have resigned may grieve that decision in a hearing before the division Privilege and Tenure Committee as provided for in Academic Senate Bylaw 337, if a member of the Academic Senate, or otherwise in a Step III-B Hearing as provided for in APM - 140.  Such hearings may take place after a presumed resignation takes effect, pursuant to the provisions set forth above.*

*A presumed resignation does not constitute a "termination" within the meaning of Senate Bylaw 337 or Regents Standing Order 103.9, or a "dismissal" within the meaning of Regents Standing Order 101.1.

5.  Exceptional Circumstances
At any time, the Chancellor is authorized to reinstate an academic appointee for good cause, such as a showing that the appointee was unable to return to academic duty or obtain an approved leave due to circumstances beyond his/her control.

I. FORMS AND CHARTS

Family and Medical Leave of Absence Forms are available at the At Your Service website: http://atyourservice.ucop.edu/administrators/loa/fml.html

The following form was created by the Academic Personnel Office for Ladder-Rank Faculty and is also available at: http://ahr.ucsc.edu/forms_and_data/general_forms.htm

Charts

The following are charts for:


Authority Chart

LEAVE TYPE

Unit Head*

UniversityLibrarian

Dean

Other

Sabbatical-APM 740     A A = EVC (Substitution of Significant University Service)
Sick leave for those who do not accrue A (up to 7 calendar days) A A (8 calendar days or more)  
Sick leave for those who do accrue A (up to 7 calendar days) A (up to amount accrued) A (8 calendar days or more)  
Vacation for fiscal yr. appointees-APM 730 A A    
Leave for service to governmental agencies- see APM 750 for restrictions A (up to 7 calendar days; 30 if delegated) A A (unless redelegated) >30 days A = VPAA (UCOP)
Military leave-APM 751 A (up to 7 calendar days) A A  
Leave to attend professional meetings-APM 752 A (up to 7 calendar days; 30 if delegated) A A (unless redelegated) >1 yr with pay A = VPAA (UCOP)
Other leaves with pay-APM 758   A (up to 1 yr) A (up to 1 yr) >1 yr A = VPAA (UCOP)
Other leaves without pay- Acceptance of a fellowship of NSF career award - APM 759    

A

 
Leaves without pay- Assistant Professor Rank - APM 759     A for one quarter of leave at a time for a non-consecutive combined total of one year of leave without pay at the rank of Assistant Professor A = EVC for those leaves without pay which exceed the dean's authority
Leaves without pay-All other ranks of the Professor Series - APM 759     A for one year of leave without pay within a five year period A = EVC for those leaves without pay which exceed the dean's authority
Parental leave-APM 760 A (up to 7 calendar days) A A  
Active Service Modified Duties     A  
Extension of 8 yr. limit (APM 760-30 and APM 133-17-g)     A  
Extension of 8 yr limit by exception (APM 133-17-g)(e.g. medical)       A = Chancellor

* Unit Head includes: Department Chair, P.I., College Provost and Director of a MRU/ORU


Sabbatical Leave Credit for Academic-Year Appointees Quarter System

For Campus Use
Qualifying Service**
Sabbatical Leave Credit
  1 Qtr 2 Qtrs*** 3 Qtrs***
6 Quarters 0.67 Salary*    
7 Quarters 0.78 Salary    
8 Quarters 0.89 Salary    
9 Quarters Regular Salary    
12 Quarters   0.67 Salary*  
14 Quarters   0.78 Salary  
15 Quarters   0.83 Salary  
16 Quarters   0.89 Salary  
18 Quarters   Regular Salary 0.67 Salary*
21 Quarters     0.78 Salary
24 Quarters     0.89 salary
27 Quarters     Regular Salary

* Or regular salary if sabbatical leave is taken in residence.

** Academic-Year appointees accrue three quarters of sabbatical leave credit per calendar year, excluding period of leave of absence without salary

*** Salary is an average which may be paid unequally in different terms of leave.


Sabbatical Leave Credit for Fiscal-Year Appointees

For Campus Use
Qualifying Service**  Sabbatical Leave Credit  
  1 Qtr 2 Qtrs*** 3 Qtrs*** 4 Qtrs***
6 Quarters 0.67 Salary*      
7 Quarters 0.78 Salary      
8 Quarters 0.89 Salary      
9 Quarters Regular Salary      
12 Quarters   0.67 Salary*    
14 Quarters   0.78 Salary    
15 Quarters   0.83 Salary    
16 Quarters   0.89 Salary    
18 Quarters   Regular Salary or 0.67 Salary*  
21 Quarters     0.78 Salary  
24 Quarters     0.89 Salary or 0.67 Salary*
27 Quarters     Regular Salary or 0.75 Salary
30 Quarters       0.83 Salary
33 Quarters       0.92 Salary
36 Quarters       Regular Salary

* Or regular salary if sabbatical leave is taken in residence.

** Fiscal-year appointees accrue four quarters of sabbatical leave credit per calendar year, excluding period of leave of absence without salary.

*** Salary is an average which may be paid unequally in different terms of leave.