Supervisor Resource: Leaves of Absence

To qualify for a family or medical leave, an employee must have at least 12 months of employment with the University. In addition, the employee must have worked at least 1,250 hours (an average of about 24 hours per week) during the prior 12 month period and be employed at a worksite where the company employs 50 or more employees within 75 miles.

The Family and Medical Leave Act (FMLA) is a federal law allowing a qualifying employee to take up to 12 weeks of time off work due to a birth of an employee’s child, to their own serious medical condition, a serious medical condition of an eligible dependent, or to bond with a new child. FMLA protects an eligible employee's right to return to their same or similar job upon their return from a FMLA protected leave. California has a similar law called the California Family Rights Act (CRFA) that extends provisions for family leave to include care for grandparent, grandchild, sibling, or designated person. In most cases, these two laws cover the same type of absences and run concurrently (see Maternity Leave Resource page for the exceptions).

Below is a list of steps a supervisor should follow when you have an employee who may be eligible for an FMLA and/or CFRA leave of absence.

Preparing for an Employee's Leave

If you are aware that an employee will be absent for an extended period of time or if the reason for an employee's absence from work qualifies under FMLA or CFRA, refer them to Human Resources immediately. Supervisors should do this even if the employee does not request an FMLA/CFRA leave by name. You should also notify Human Resources of the absence.

Supervisors and Employees should contact:

Merica Sin, Benefits Specialist

(310) 506-4208 or benefits@pepperdine.edu

Human Resources will contact the employee and request the appropriate leave of absence intake paperwork. Once all of the paperwork is received, Human Resources will send you an email indicating the employee's status, expected return to work date, and other important details.

If your department requires temporary staffing support during an employee's leave of absence, please contact Human Resources at employment@pepperdine.edu for assistance in obtaining a temporary employee.

During an Employee's Leave

Human Resources will manage the employee's timesheet for the duration of their leave of absence and record any paid absence hours in KRONOS on your behalf in coordination with State Disability Insurance and Paid Family Leave benefits.

If you wish to replace the position if the leave extends beyond the FMLA, CFRA, and/or PDL protection period, please notify Human Resources at least 20 days prior to the end of the job-protection period. Human Resources will work with you on the necessary steps to notify the employee and post the position at the appropriate time.

Re-Boarding an Employee from Leave

For maternity, parental, and caregiver leave: Human Resources will notify you of the confirmed return to work date. No action will be needed from supervisors upon confirmation.
Lactation Accommodations: Under the California Labor Code Section 1030-33, employers shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee.
For medical leaves only: Human Resources will notify you if a "Release to Return to Work" from the employee's medical provider has been provided on or before the day they return from the leave. If no release has been provided and the employee reports to work, please request a doctor’s note from the employee authorizing them to a working status with an effective date and forward the note to HR immediately. If the employee cannot provide such documentation, do not allow them to perform any work on behalf of the University. Send the employee home and notify Human Resources immediately.

Notes for Supervisors

It is prohibited by the California Family Rights Act (CFRA) for an employer to ask for a "diagnosis" on the medical certification form. Supervisors should refrain from asking for any medical details from an employee on leave.
There are no specific rules or regulations that preclude employer contact with employees who are out of the workplace on FMLA, CFRA, and/or PDL leave. However, an employee on leave must be fully relieved of responsibilities and should not be asked to perform work while on leave. One quick phone call to ask a general question (the location of a file, for example) is generally allowed, but constant calls and requests for the employee to respond to emails or perform work tasks is not permissible.
Supervisors can contact employees on a periodic basis to find out how they are doing. This is a recommended practice.
Supervisors may not take disciplinary action (due to absenteeism) against an employee with an absence that would qualify under the FMLA, CFRA, and/or PDL.
If an employee continues to be disabled by their provider at the end of the job-protection period, they will be continued on a Supplemental Sick Leave of Absence with benefits coverage until the medical provider releases them to return to work or for a maximum period of six months (180 days) from their last day of work. Departments will be responsible for benefit charges during this extended Sick Leave period even if the employee on leave has been replaced in their position by another employee.