1 Best Practices for Family and Medical Leaves Special thanks to: Leslie Van Houten – Office of...

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Best Practices for Best Practices for Family and Medical LeavesFamily and Medical Leaves

Special thanks to: Special thanks to:

Leslie Van Houten – Office of General CounselLeslie Van Houten – Office of General CounselStephanie Leider – Office of General CounselStephanie Leider – Office of General Counsel

April 15, 2009 April 15, 2009 (revised)(revised)

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Goals of this training:Goals of this training: Review how family and medical leaves should Review how family and medical leaves should

be handled.be handled. Provide guidance regarding the applicability of Provide guidance regarding the applicability of

the Department of Labor’s new FMLA the Department of Labor’s new FMLA regulations effective January 2009.regulations effective January 2009.

Answer questions you might have about this Answer questions you might have about this confusing area.confusing area.

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Caveat: In many areas our advice differs from what you Caveat: In many areas our advice differs from what you will see in the new FMLA regulations and may read in will see in the new FMLA regulations and may read in legal updates intended for a national audience. legal updates intended for a national audience.

Where the current California law – principally the California Where the current California law – principally the California Family Rights Act (CFRA) – is more generous to employees, we Family Rights Act (CFRA) – is more generous to employees, we are recommending that the California law be followed rather than are recommending that the California law be followed rather than the FMLA regulations. This means a “patchwork” approach.the FMLA regulations. This means a “patchwork” approach.

If and when the California Fair Employment & Housing If and when the California Fair Employment & Housing Commission issues new CFRA regulations and Pregnancy Commission issues new CFRA regulations and Pregnancy Disability Law (PDL) regulations, our advice may change.Disability Law (PDL) regulations, our advice may change.

As a result, we are issuing interim guidance, and forms are As a result, we are issuing interim guidance, and forms are being developed for use that are consistent with that guidance. being developed for use that are consistent with that guidance.

When we refer to “FML” we mean leave under federal When we refer to “FML” we mean leave under federal and state law, University policy, and applicable collective and state law, University policy, and applicable collective bargaining agreements.bargaining agreements.

Family and Medical Leaves: Family and Medical Leaves: Overview Overview

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FML OverviewFML Overview

The basic elements are still the same:The basic elements are still the same: An employee is eligible for family and medical An employee is eligible for family and medical

leave if he or she has at least leave if he or she has at least 12 months 12 months cumulative University servicecumulative University service and has and has worked worked 1,250 hours1,250 hours during the 12 months during the 12 months immediately preceding the commencement of immediately preceding the commencement of the leave.the leave.

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Leave may be takenLeave may be taken• For the employee’s serious health condition (SHC).For the employee’s serious health condition (SHC).• For employee’s pregnancy-related disability.For employee’s pregnancy-related disability.• To bond with the employee’s newborn, adopted, or To bond with the employee’s newborn, adopted, or

foster care child (within 12 months of the child’s foster care child (within 12 months of the child’s birth or placement, as applicable).birth or placement, as applicable).

• To care for employee’s child, spouse, same- or To care for employee’s child, spouse, same- or opposite-sex domestic partner, or parent who has opposite-sex domestic partner, or parent who has a SHC.a SHC.

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Leave may be taken (cont’d)Leave may be taken (cont’d) NewNew: To care for covered servicemember with a : To care for covered servicemember with a

serious injury or illness if servicemember is serious injury or illness if servicemember is employee’s parent, spouse, domestic partner, son, employee’s parent, spouse, domestic partner, son, daughter, or next of kin.daughter, or next of kin.

NewNew: Because of a qualifying exigency arising out of : Because of a qualifying exigency arising out of the fact that employee’s spouse, domestic partner, the fact that employee’s spouse, domestic partner, son, daughter, or parent is a covered military member son, daughter, or parent is a covered military member on active duty (or has been notified of an impending on active duty (or has been notified of an impending call or order to active duty in support of a contingency call or order to active duty in support of a contingency operation). operation).

• Note: “Covered military member” does Note: “Covered military member” does notnot include a include a member of the regular Armed Forces. member of the regular Armed Forces.

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The definition of “child” includes: The definition of “child” includes: Biological, adopted, or foster son or daughterBiological, adopted, or foster son or daughter Stepson or stepdaughterStepson or stepdaughter Legal wardLegal ward Child of an employee who stands Child of an employee who stands in loco parentisin loco parentis to that child to that child

The child must be under 18 or else incapable of self-care due to a mental or The child must be under 18 or else incapable of self-care due to a mental or physical disability.physical disability.

NoteNote: An employee may take Military Caregiver Leave if the employee is : An employee may take Military Caregiver Leave if the employee is the son or daughter of a covered servicemember. Also, an employee can the son or daughter of a covered servicemember. Also, an employee can take Qualifying Exigency Leave if the employee’s son or daughter is on take Qualifying Exigency Leave if the employee’s son or daughter is on active duty or call to active duty status. When the terms “son” and active duty or call to active duty status. When the terms “son” and “daughter” are used this way in the context of these two military FML leaves, “daughter” are used this way in the context of these two military FML leaves, the son or daughter may be of any age.the son or daughter may be of any age.

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The definition of “parent” includes:The definition of “parent” includes: A biological, foster, or adoptive parentA biological, foster, or adoptive parent A StepparentA Stepparent A legal guardianA legal guardian Someone who stood Someone who stood in loco parentisin loco parentis to the to the

employee when he or she was a child. employee when he or she was a child. ““Parent” does Parent” does notnot include a parent-in-law. include a parent-in-law.

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Leave may be taken Leave may be taken • In blocksIn blocks• IntermittentlyIntermittently• By working a reduced schedule By working a reduced schedule

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Leave is usually for up to 12 workweeks. But Leave is usually for up to 12 workweeks. But employees may be entitled to additional leave employees may be entitled to additional leave time in certain situations, including:time in certain situations, including:• If covered by PPSM and Supplemental Family and If covered by PPSM and Supplemental Family and

Medical Leave is granted (for up to an additional Medical Leave is granted (for up to an additional 12 workweeks).12 workweeks).

• Where leave is taken for a combination of Where leave is taken for a combination of pregnancy, childbirth, and baby bonding. (This is pregnancy, childbirth, and baby bonding. (This is due to the fact that pregnancy-related disability is due to the fact that pregnancy-related disability is not covered by CFRA but is covered by FMLA.)not covered by CFRA but is covered by FMLA.)

• NewNew Military Caregiver Leave (for up to 26 weeks). Military Caregiver Leave (for up to 26 weeks).

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Leave is unpaid except in certain Leave is unpaid except in certain circumstances. Be sure to check the circumstances. Be sure to check the relevant policy or collective bargaining relevant policy or collective bargaining agreement. agreement.

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Employee is entitled to continuation of Employee is entitled to continuation of health plan coverages (medical, dental, health plan coverages (medical, dental, and optical)and optical) For up to 12 workweeks in a calendar year if For up to 12 workweeks in a calendar year if

on an approved FML leave. on an approved FML leave. NewNew: For up to 26 workweeks in a single 12-: For up to 26 workweeks in a single 12-

month leave period if on an approved Military month leave period if on an approved Military Caregiver Leave.Caregiver Leave.

Otherwise, in accordance with each plan’s Otherwise, in accordance with each plan’s requirements.requirements.

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Employee is entitled to reinstatement to Employee is entitled to reinstatement to the same or, upon the Department’s the same or, upon the Department’s discretion, an equivalent position upon discretion, an equivalent position upon return. return.

Employee has no greater right to Employee has no greater right to reinstatement than if employee had been reinstatement than if employee had been actively working rather than on leave actively working rather than on leave during the FML period.during the FML period.

Eligibility IssuesEligibility Issues

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The requirement of 12 months of service. The requirement of 12 months of service. Does not need to be continuous.Does not need to be continuous. Time employees would have worked but for Time employees would have worked but for

leave due to National Guard or Reserve leave due to National Guard or Reserve military obligations is counted towards the 12 military obligations is counted towards the 12 months of service requirement.months of service requirement.

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The requirement of 1,250 hours of work in the 12 months The requirement of 1,250 hours of work in the 12 months preceding the leave.preceding the leave.

Time that employees would have worked but for leave due to Time that employees would have worked but for leave due to National Guard or Reserve military obligations is counted toward National Guard or Reserve military obligations is counted toward the 1,250 hour requirement. the 1,250 hour requirement.

Time spent on non-military leaves does Time spent on non-military leaves does notnot count towards the count towards the 1,250 requirement.1,250 requirement.

If employee is exempt, the burden is on UC to clearly If employee is exempt, the burden is on UC to clearly demonstrate that employee has not met the 1,250 hour demonstrate that employee has not met the 1,250 hour requirement if employee is going to be considered ineligible for requirement if employee is going to be considered ineligible for leave for that reason. leave for that reason.

Burden is also on UC to establish that a full-time faculty member Burden is also on UC to establish that a full-time faculty member is not eligible for FML as they often work outside the classroom. is not eligible for FML as they often work outside the classroom.

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Employee may take leave for an FML-Employee may take leave for an FML-qualifying reason when he or she is not yet qualifying reason when he or she is not yet eligible for FML but may become eligible eligible for FML but may become eligible during the leave. The portion of the leave during the leave. The portion of the leave that occurs after employee becomes that occurs after employee becomes eligible for FML is counted as FML. eligible for FML is counted as FML.

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Employees can take leave to care for a Employees can take leave to care for a child for whom they stand child for whom they stand in loco parentis in loco parentis or for a person who stood or for a person who stood in loco parentis in loco parentis to them when they were a child.to them when they were a child. Someone stands Someone stands in loco parentis in loco parentis to a child to a child

when they have day-to-day responsibilities to when they have day-to-day responsibilities to care for and financially support a child.care for and financially support a child.

UC’s UC’s Notice ObligationsNotice Obligations

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UC’s Notice ObligationsUC’s Notice Obligations

UC must give the following 4 types of notice:UC must give the following 4 types of notice:(1) (1) General NoticeGeneral Notice

• Explains the FMLA’s provisions Explains the FMLA’s provisions andand provides information provides information concerning the procedures for filing complaints of violations concerning the procedures for filing complaints of violations with the Wage & Hour Division of the DOL. with the Wage & Hour Division of the DOL.

• Must be posted Must be posted prominentlyprominently where employees and where employees and applicants for employment can see it. Because all UC applicants for employment can see it. Because all UC applicants apply online, this may be done electronically. applicants apply online, this may be done electronically.

• In addition, the General Notice must either beIn addition, the General Notice must either be Included in any employee handbook or other written guidance Included in any employee handbook or other written guidance

regarding employee benefits or leave rights regarding employee benefits or leave rights oror Distributed to all new employees upon hiring. Distributed to all new employees upon hiring. In either case, may be done electronically.In either case, may be done electronically.

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(2) (2) Eligibility NoticeEligibility Notice• When an employee requests FML leave or UC acquires When an employee requests FML leave or UC acquires

knowledge that the employee’s leave may be for an FMLA-knowledge that the employee’s leave may be for an FMLA-qualifying reason, UC must notify the employee of his/her qualifying reason, UC must notify the employee of his/her eligibility to take FML leave eligibility to take FML leave within 5 business within 5 business days, absent days, absent extenuating circumstances.extenuating circumstances.

Eligibility is determined (and this notice must be provided) when Eligibility is determined (and this notice must be provided) when the first instance of leave for each FMLA-qualifying condition the first instance of leave for each FMLA-qualifying condition begins.begins.

If there are multiple absences for the same FMLA-qualifying If there are multiple absences for the same FMLA-qualifying reason, it is considered a single leave and the employee’s reason, it is considered a single leave and the employee’s eligibility for that leave does not change during that applicable eligibility for that leave does not change during that applicable year (the calendar year). year (the calendar year).

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(2) (2) Eligibility NoticeEligibility Notice (cont’d) (cont’d)• The Eligibility Notice must state whether the The Eligibility Notice must state whether the

employee is eligible for leave. employee is eligible for leave. If the employee is If the employee is notnot eligible, the notice must state at eligible, the notice must state at

least 1 reason why he or she is not.least 1 reason why he or she is not. This notice should state, as applicable, the employee’s This notice should state, as applicable, the employee’s

number of months of UC service and the number of number of months of UC service and the number of hours worked in the preceding 12-month period. hours worked in the preceding 12-month period.

• The Eligibility Notice may be oral or in writing, The Eligibility Notice may be oral or in writing, but but we recommend that it be in writing.we recommend that it be in writing.

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(2) (2) Eligibility NoticeEligibility Notice (cont’d) (cont’d)• If an employee gives notice of a need for another If an employee gives notice of a need for another

FML during the same 12-month period (calendar FML during the same 12-month period (calendar year) due to a different FMLA-qualifying reasonyear) due to a different FMLA-qualifying reason

No additional Eligibility Notice needs to be provided if No additional Eligibility Notice needs to be provided if employee’s eligibility status has employee’s eligibility status has notnot changed. changed.

New Eligibility Notice must be provided to employee New Eligibility Notice must be provided to employee within 5 business days, absent extenuating within 5 business days, absent extenuating circumstances, if employee’s eligibility status circumstances, if employee’s eligibility status hashas changed. changed.

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(3) (3) Rights & Responsibilities NoticeRights & Responsibilities Notice• This This writtenwritten notice details the expectations and notice details the expectations and

obligations the employee must meet and the obligations the employee must meet and the consequences of failing to meet them. consequences of failing to meet them.

• This notice should be provided to the employee This notice should be provided to the employee each time the Eligibility Notice is provided. each time the Eligibility Notice is provided.

• If employee’s leave has already begun, this notice If employee’s leave has already begun, this notice should be mailed to the employee.should be mailed to the employee.

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(3) (3) Rights & Responsibilities NoticeRights & Responsibilities Notice (Cont’d) (Cont’d)• This notice must state:This notice must state:

That leave will be counted towards the employee’s That leave will be counted towards the employee’s annual FML leave entitlement if it’s a qualifying leave.annual FML leave entitlement if it’s a qualifying leave.

That the applicable 12-month period is the calendar yearThat the applicable 12-month period is the calendar year• ExceptionException: Where the employee is taking a Military : Where the employee is taking a Military

Caregiver Leave, the notice should indicate that the Caregiver Leave, the notice should indicate that the applicable 12-month period is the 12 months that applicable 12-month period is the 12 months that begins on the first day of the leave. begins on the first day of the leave.

Any requirements for employee to furnish certification of Any requirements for employee to furnish certification of SHC, serious injury or illness (for Military Caregiver SHC, serious injury or illness (for Military Caregiver Leave), or a qualifying exigency (for Qualifying Exigency Leave), or a qualifying exigency (for Qualifying Exigency Leave) Leave) andand the consequences of failing to do so. the consequences of failing to do so.

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(3) (3) Rights & Responsibilities NoticeRights & Responsibilities Notice (Cont’d) (Cont’d)• This notice must state (cont’d):This notice must state (cont’d):

Employee’s right to substitute paid leave, whether UC Employee’s right to substitute paid leave, whether UC will require substitution of paid leave, the conditions will require substitution of paid leave, the conditions related to any substitution, and employee’s entitlement to related to any substitution, and employee’s entitlement to take unpaid leave if he or she does not meet the take unpaid leave if he or she does not meet the conditions for paid leave. conditions for paid leave.

Any requirement for employee to make premium Any requirement for employee to make premium payments to maintain health benefits (e.g., if leave is payments to maintain health benefits (e.g., if leave is unpaid), the arrangements for doing so, and any unpaid), the arrangements for doing so, and any consequences of failure to do so on a timely basis. consequences of failure to do so on a timely basis.

Employee’s rights to maintenance of benefits during the Employee’s rights to maintenance of benefits during the FML leave and reinstatement to the same or equivalent FML leave and reinstatement to the same or equivalent job upon return to work.job upon return to work.

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(3) (3) Rights & Responsibilities NoticeRights & Responsibilities Notice (Cont’d) (Cont’d)• Any certification form(s) the employee must return Any certification form(s) the employee must return

should be provided along with the Rights & should be provided along with the Rights & Responsibilities Notice. Responsibilities Notice.

• If the specific information provided in the Rights & If the specific information provided in the Rights & Responsibilities notice changes, UC must advise Responsibilities notice changes, UC must advise the employee of the changes within 5 days of the the employee of the changes within 5 days of the employee’s first notice of the need for leave employee’s first notice of the need for leave thereafter.thereafter.

Example: If initial period of employee’s leave was paid Example: If initial period of employee’s leave was paid leave and subsequent portion will be unpaid, UC may leave and subsequent portion will be unpaid, UC may need to advise employee of the arrangements for making need to advise employee of the arrangements for making premium payments for health coverages.premium payments for health coverages.

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(4) Designation Notice(4) Designation Notice Should be provided Should be provided in writingin writing to employee within 5 to employee within 5

days of having enough information to make that days of having enough information to make that determination (e.g., after receiving certification from determination (e.g., after receiving certification from health care provider), absent extenuating health care provider), absent extenuating circumstances. May be given right when employee circumstances. May be given right when employee provides notice of need for leave if UC has sufficient provides notice of need for leave if UC has sufficient information to make designation then.information to make designation then.

• Advises employee of whether the leave will be designated Advises employee of whether the leave will be designated and counted as FML leave.and counted as FML leave.

• If employer determines leave will If employer determines leave will notnot be designated as be designated as FMLA-qualifying, the employer must advise the employee. FMLA-qualifying, the employer must advise the employee.

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(4) Designation Notice (4) Designation Notice (cont’d)(cont’d)• If UC will require substitution of paid leave for unpaid FML If UC will require substitution of paid leave for unpaid FML

leave, or that paid leave taken under an existing leave plan leave, or that paid leave taken under an existing leave plan will be counted as FML leave, this should be in the will be counted as FML leave, this should be in the Designation Notice.Designation Notice.

• If a return to work certification will be required, that should be If a return to work certification will be required, that should be stated in the Designation Notice. stated in the Designation Notice.

****AlsoAlso: If employee will be required to have the certification : If employee will be required to have the certification address employee’s ability to perform essential functions of job, address employee’s ability to perform essential functions of job, those essential functions should be listed.those essential functions should be listed.

• Only one Designation Notice is required for each FMLA-Only one Designation Notice is required for each FMLA-qualifying reason per applicable 12-month period (calendar qualifying reason per applicable 12-month period (calendar year except for Military Caregiver Leaves) even if leave is year except for Military Caregiver Leaves) even if leave is going to be taken intermittently or by reduced schedule. going to be taken intermittently or by reduced schedule.

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(4) Designation Notice (4) Designation Notice (cont’d)(cont’d)• Advises employee of the amount of leave (hours, days, or Advises employee of the amount of leave (hours, days, or

weeks) that will be counted against employee’s FML weeks) that will be counted against employee’s FML entitlement if the amount of leave needed is known at that entitlement if the amount of leave needed is known at that time.time.

• If amount of needed leave is If amount of needed leave is notnot known when Designation known when Designation Notice is provided (e.g., in cases of unforeseeable Notice is provided (e.g., in cases of unforeseeable intermittent leave), UC must provide notice of the amount of intermittent leave), UC must provide notice of the amount of leave counted against employee’s entitlement, leave counted against employee’s entitlement, at at employee’s requestemployee’s request, but not more often than once in a 30-, but not more often than once in a 30-day period and only if leave is taken within that period. day period and only if leave is taken within that period.

This notice may be oral or written. If oral, written confirmation This notice may be oral or written. If oral, written confirmation should follow promptly. should follow promptly.

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(4) Designation Notice (4) Designation Notice (cont’d)(cont’d)• If the specific information provided in the If the specific information provided in the

Designation Notice changes (e.g., if employee Designation Notice changes (e.g., if employee exhausts the FML leave entitlement), UC must exhausts the FML leave entitlement), UC must provide employee with provide employee with writtenwritten notice of the notice of the change(s) within 5 business days if the employee change(s) within 5 business days if the employee subsequently asks for additional leave or another subsequently asks for additional leave or another leave. leave.

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For all 4 types of Notice: For all 4 types of Notice: If significant portion of workers (10% or more) If significant portion of workers (10% or more)

are not literate in English, the notices should are not literate in English, the notices should be provided in their language. be provided in their language.

If employee is sensory-impaired, notice If employee is sensory-impaired, notice should comply with any applicable should comply with any applicable requirements under federal or state law. requirements under federal or state law.

Designating and Designating and Calculating the LeaveCalculating the Leave

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Making the DesignationMaking the Designation

Remember that, in all circumstances, UC Remember that, in all circumstances, UC is responsible for designating the leave as is responsible for designating the leave as FML.FML.

When designating leave as FML:When designating leave as FML: Rely only on information received from the Rely only on information received from the

employee (or employee’s spokesperson, if the employee (or employee’s spokesperson, if the employee is incapacitated). Usually that will employee is incapacitated). Usually that will be the information contained in the Medical be the information contained in the Medical Certification or other certification that the Certification or other certification that the employee submits. employee submits.

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Making the DesignationMaking the Designation

When designating leave as FML (cont’d):When designating leave as FML (cont’d): If information provided is not sufficient to If information provided is not sufficient to

make determination, request further make determination, request further information. information. • But be aware of privacy issues: Employee does But be aware of privacy issues: Employee does

not have to identify the SHC. This is true whether not have to identify the SHC. This is true whether leave is being taken for employee’s SHC or a leave is being taken for employee’s SHC or a family member’s SHC. family member’s SHC.

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Retroactive DesignationRetroactive Designation

UC may retroactively designate a leave as UC may retroactively designate a leave as FML with appropriate notice to employee – FML with appropriate notice to employee – but only if UC’s failure to timely designate but only if UC’s failure to timely designate the leave does not cause harm or injury to the leave does not cause harm or injury to employee. employee. Consult counsel first if you think there is any Consult counsel first if you think there is any

possibility employee could be harmed or possibility employee could be harmed or injured.injured.

UC and employee can mutually agree on a UC and employee can mutually agree on a retroactive designation.retroactive designation.

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Calculating LeaveCalculating Leave

The applicable workweek entitlement of The applicable workweek entitlement of leave (12 for most FML leaves and 26 for leave (12 for most FML leaves and 26 for Military Caregiver Leave) means that Military Caregiver Leave) means that number of the employee’s normally number of the employee’s normally scheduled workweeks.scheduled workweeks. For employees who work more or less than 5 For employees who work more or less than 5

days per week or who work alternative work days per week or who work alternative work schedules, the number of working days that schedules, the number of working days that constitutes the workweek entitlement is constitutes the workweek entitlement is calculated on a pro rata or proportional basis. calculated on a pro rata or proportional basis.

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Examples:Examples: If employee normally works five 8-hour days per If employee normally works five 8-hour days per

week, then 12 workweeks means 60 working and/or week, then 12 workweeks means 60 working and/or paid 8-hour days of leave entitlement.paid 8-hour days of leave entitlement.

If employee normally works half-time, then 12 If employee normally works half-time, then 12 workweeks means thirty 8-hour days or sixty 4-hour workweeks means thirty 8-hour days or sixty 4-hour days of leave entitlement – or 12 workweeks of days of leave entitlement – or 12 workweeks of whatever the employee’s normal half-time work whatever the employee’s normal half-time work schedule is.schedule is.

If employee normally works six 8-hour days, then 12 If employee normally works six 8-hour days, then 12 workweeks means 72 working and/or paid 8-hour workweeks means 72 working and/or paid 8-hour days of leave entitlement. days of leave entitlement.

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If employee takes leave on an intermittent If employee takes leave on an intermittent or reduced work schedule basis, only the or reduced work schedule basis, only the amount of leave actually taken may be amount of leave actually taken may be counted against employee’s leave counted against employee’s leave entitlement.entitlement. Example: If employee needs physical therapy Example: If employee needs physical therapy

that requires a 2-hour absence from work that requires a 2-hour absence from work each week, only those 2 hours are charged each week, only those 2 hours are charged against his or her leave entitlement.against his or her leave entitlement.

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If a If a holiday holiday falls within a week that employee is falls within a week that employee is on leave, the week is counted against on leave, the week is counted against employee’s FML leave entitlement.employee’s FML leave entitlement. Exception: If employee is taking leave in increments Exception: If employee is taking leave in increments

of less than one week, holiday will not count unless of less than one week, holiday will not count unless employee was scheduled to work on holiday.employee was scheduled to work on holiday.

But, if UC closes or does not expect its But, if UC closes or does not expect its employees to report to work employees to report to work for one or more for one or more weeksweeks, those closed days do not count against , those closed days do not count against an employee’s FML leave entitlement.an employee’s FML leave entitlement.

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Disputes Disputes

If there are any disputes regarding If there are any disputes regarding whether the leave qualifies as FML or whether the leave qualifies as FML or regarding the calculation or handling of regarding the calculation or handling of leave, such disputes should be resolved leave, such disputes should be resolved through through documenteddocumented discussions. discussions.

Employee’s Notice Employee’s Notice ObligationsObligations

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Employee’s Notice ObligationsEmployee’s Notice Obligations

What notice must the employee provide?What notice must the employee provide? Can be verbal or written.Can be verbal or written. Notice of need for leave at least 30 days in advance if Notice of need for leave at least 30 days in advance if

foreseeable. Otherwise, as soon as practicable.foreseeable. Otherwise, as soon as practicable.• When leave is unforeseeable, providing notice “as soon as When leave is unforeseeable, providing notice “as soon as

practicable” includes following any applicable UC call-in practicable” includes following any applicable UC call-in procedures for absences. procedures for absences.

If leave will be taken intermittently or on reduced If leave will be taken intermittently or on reduced schedule, employee only needs to give notice once. schedule, employee only needs to give notice once.

• But employee should advise as soon as practicable if dates But employee should advise as soon as practicable if dates of scheduled leave change or are extended.of scheduled leave change or are extended.

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Employee must provide sufficient information Employee must provide sufficient information for UC to determine whether leave would be for UC to determine whether leave would be FML-qualifying, as well as information FML-qualifying, as well as information regarding anticipated timing and duration of regarding anticipated timing and duration of the leave. the leave. • Calling in sick would not be sufficient notice if Calling in sick would not be sufficient notice if

employee doesn’t specifically reference an FML-employee doesn’t specifically reference an FML-qualifying purpose.qualifying purpose.

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If employee requests vacation or paid time off If employee requests vacation or paid time off (PTO) but does not indicate an FML-qualifying (PTO) but does not indicate an FML-qualifying purpose, UC should purpose, UC should notnot ask whether it is for ask whether it is for an FML-qualifying purpose. an FML-qualifying purpose. • If UC denies that request for vacation or PTO, If UC denies that request for vacation or PTO,

employee can then provide information to indicate employee can then provide information to indicate leave would be FML-qualifying. At that point, leave leave would be FML-qualifying. At that point, leave must be granted, but it can be charged against must be granted, but it can be charged against employee’s vacation accrual or treated as PTO.employee’s vacation accrual or treated as PTO.

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Where leave is for Where leave is for planned medical planned medical treatmenttreatment for the employee or family for the employee or family member, employee should consult with member, employee should consult with UC and make a “reasonable effort” to UC and make a “reasonable effort” to schedule treatment so as to minimize the schedule treatment so as to minimize the disruption to UC’s operations. Any disruption to UC’s operations. Any scheduling, however, shall be subject to scheduling, however, shall be subject to the approval of the health care provider of the approval of the health care provider of the employee or family member. the employee or family member.


If the employee needs to take more leave If the employee needs to take more leave than originally anticipated or does not than originally anticipated or does not need the full amount of leave originally need the full amount of leave originally requested, the employee should give UC requested, the employee should give UC reasonable notice of the changed reasonable notice of the changed circumstances when that is foreseeable.circumstances when that is foreseeable. Keep in mind: An employee may not be Keep in mind: An employee may not be

required to take more FML leave than is required to take more FML leave than is necessary to resolve the circumstances that necessary to resolve the circumstances that precipitated the need for leave. precipitated the need for leave.

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UC may also obtain information regarding an employee’s UC may also obtain information regarding an employee’s changed circumstances by requesting periodic status changed circumstances by requesting periodic status reports.reports.

There is a box on the Rights & Responsibilities Notice that can There is a box on the Rights & Responsibilities Notice that can be checked if you want to require the employee to furnish be checked if you want to require the employee to furnish periodic reports of his/her status and intent to return to work. periodic reports of his/her status and intent to return to work.

You will have to indicate how often the employee should provide You will have to indicate how often the employee should provide the status reports. the status reports.

• Make that determination based on the relevant facts and Make that determination based on the relevant facts and circumstances of the individual employee’s leave situation. circumstances of the individual employee’s leave situation.

• Be reasonable.Be reasonable. Be consistent regarding when employees on FML are required Be consistent regarding when employees on FML are required

to furnish status reports in order to avoid disparate treatmentto furnish status reports in order to avoid disparate treatment

4949

Certifications Certifications for FML Leavesfor FML Leaves

5151

CertificationsCertifications

UC can require certification of SHC when leave UC can require certification of SHC when leave is taken for employee’s own SHC or to care for is taken for employee’s own SHC or to care for family member with SHC.family member with SHC.

Request for certification should be madeRequest for certification should be made when employee gives notice of need for leave or when employee gives notice of need for leave or

within 5 business days thereafter within 5 business days thereafter oror within 5 business days of commencement of leave if within 5 business days of commencement of leave if

leave is unforeseeable.leave is unforeseeable. Request for certification may be made at a later Request for certification may be made at a later

date if UC later has reason to question the date if UC later has reason to question the appropriateness of the leave or its duration.appropriateness of the leave or its duration.

5252

Certifications Certifications

Employee must provide the requested Employee must provide the requested certification within 15 calendar days, unless it is certification within 15 calendar days, unless it is not practicable under the circumstances to do so not practicable under the circumstances to do so despite employee’s diligent, good faith efforts despite employee’s diligent, good faith efforts oror UC allows employee to take longer.UC allows employee to take longer.

Employee is obligated to provide a complete and Employee is obligated to provide a complete and sufficient certification. sufficient certification. Certification is Certification is notnot complete if applicable entries are complete if applicable entries are

left blank or the provided information is vague.left blank or the provided information is vague.

5353


What would constitute a “complete and What would constitute a “complete and sufficient” certification? sufficient” certification? For leave for employee’s own SHC: (a) For leave for employee’s own SHC: (a)

approximate date when SHC began, (b) approximate date when SHC began, (b) probable duration of the condition, and (c) probable duration of the condition, and (c) statement that, due to SHC, employee is statement that, due to SHC, employee is unable to perform one or more essential unable to perform one or more essential functions of his or her position.functions of his or her position.

5454


What would constitute a “complete and What would constitute a “complete and sufficient” certification (cont’d)? sufficient” certification (cont’d)? For leave for family member’s SHC: (a) approximate For leave for family member’s SHC: (a) approximate

date when SHC began, (b) probable duration of the date when SHC began, (b) probable duration of the condition, (c) estimate of frequency and duration of condition, (c) estimate of frequency and duration of the leave required to provide that care, and (d) the leave required to provide that care, and (d) statement that SHC warrants the employee providing statement that SHC warrants the employee providing carecare during a period of the family member’s during a period of the family member’s treatment. treatment.

• Note: Care includes Note: Care includes providing psychological comfort providing psychological comfort arranging for third party care arranging for third party care Directly providing or participating in medical careDirectly providing or participating in medical care

5555


What is a “complete and sufficient” certification? What is a “complete and sufficient” certification? (cont’d)(cont’d) If If intermittentintermittent or or reduced schedule reduced schedule leave due to leave due to

employee’s own SHC or family member’s SHC is employee’s own SHC or family member’s SHC is being requested, certification should state that being requested, certification should state that intermittent or reduced schedule leave is medically intermittent or reduced schedule leave is medically necessary. necessary.

If intermittent or reduced schedule leave is being If intermittent or reduced schedule leave is being requested for employee’s own SHC (including requested for employee’s own SHC (including pregnancy) that may result in pregnancy) that may result in periodic episodes of periodic episodes of incapacityincapacity, certification should state that intermittent , certification should state that intermittent or reduced schedule leave is medically necessary or reduced schedule leave is medically necessary andand estimate the frequency and duration of the episodes estimate the frequency and duration of the episodes of incapacity. of incapacity.

5656


What is a “complete and sufficient” What is a “complete and sufficient” certification? (cont’d)certification? (cont’d) If leave is for employee’s SHC or family If leave is for employee’s SHC or family

member’s SHC, certification need member’s SHC, certification need notnot identify identify the SHC (diagnosis) – but it may, at the SHC (diagnosis) – but it may, at employee’s option.employee’s option.

5757


Certifications from health care providers Certifications from health care providers outside the US:outside the US: UC must accept certifications (and second UC must accept certifications (and second

and third opinions) from such health care and third opinions) from such health care providers if employee or family member providers if employee or family member becomes ill or injured while outside the US or becomes ill or injured while outside the US or the employee’s family member lives abroad. the employee’s family member lives abroad.

If the certification is not in English, employee If the certification is not in English, employee must provide a written translation, upon must provide a written translation, upon request from UC. request from UC.

5858


If Certification is incomplete, advise the If Certification is incomplete, advise the employee in writing of what additional employee in writing of what additional information is necessary.information is necessary. Give employee at least 7 calendar days to cure the Give employee at least 7 calendar days to cure the

deficiency.deficiency. Give employee extra time if employee notifies UC that Give employee extra time if employee notifies UC that

he or she is unable to obtain the additional he or she is unable to obtain the additional information in spite of diligent, good faith efforts. information in spite of diligent, good faith efforts.

UC may deny leave if deficiencies are not fixed UC may deny leave if deficiencies are not fixed in resubmitted certification. in resubmitted certification.

5959


Employee can either Employee can either return the complete and sufficient certification return the complete and sufficient certification oror give the health care provider the necessary authorization to fill give the health care provider the necessary authorization to fill

out and return the certification to UC.out and return the certification to UC. Employee may Employee may choosechoose to comply with certification to comply with certification

requirement by providing an authorization, release or requirement by providing an authorization, release or waiver allowing appropriate UC representative to speak waiver allowing appropriate UC representative to speak directly to the health care provider of employee or the directly to the health care provider of employee or the family member. UC cannot require employee to do this.family member. UC cannot require employee to do this.

UC representative should not be the employee’s immediate UC representative should not be the employee’s immediate supervisor.supervisor.

6060


Second/third opinions:Second/third opinions: UC may request second opinion if has reason UC may request second opinion if has reason

to doubt the validity of medical certification for to doubt the validity of medical certification for employee’s own SHC – but employee’s own SHC – but notnot for SHC of for SHC of family member.family member.

UC can choose health care provider for UC can choose health care provider for second opinion. second opinion. • But can’t use a health care provider UC uses on a But can’t use a health care provider UC uses on a

regular basis.regular basis.

6161


Second and third opinions (cont’d)Second and third opinions (cont’d) If first and second opinions conflict, UC may If first and second opinions conflict, UC may

require third opinion.require third opinion.• UC and employee must jointly approve selection of UC and employee must jointly approve selection of

health care provider to provide third opinion. Good health care provider to provide third opinion. Good faith cooperation required.faith cooperation required.

• Third opinion is final and binding. Third opinion is final and binding.

6262


Second and third opinions (cont’d)Second and third opinions (cont’d) UC must cover cost for any second and third UC must cover cost for any second and third

opinions – including the cost of employee’s opinions – including the cost of employee’s travel expenses.travel expenses.

UC must provide employee with copies of the UC must provide employee with copies of the second and third opinions, at employee’s second and third opinions, at employee’s request, within 5 business days, absent request, within 5 business days, absent extenuating circumstances.extenuating circumstances.

6363


Second and third opinions (cont’d)Second and third opinions (cont’d) During this process, employee should be During this process, employee should be

treated as provisionally on a qualifying leave.treated as provisionally on a qualifying leave. If this process results in determination that If this process results in determination that

employee is employee is notnot entitled to a qualifying leave, entitled to a qualifying leave, the provisional leave period may be treated as the provisional leave period may be treated as paid or unpaid under the applicable UC leave paid or unpaid under the applicable UC leave policy or CBA provision.policy or CBA provision.

6464


Recertification may be required when the time Recertification may be required when the time period the health care provider originally period the health care provider originally estimated would be needed for leave – either for estimated would be needed for leave – either for employee’s own SHC or family member’s SHC – employee’s own SHC or family member’s SHC – has expired and employee is requesting has expired and employee is requesting additional leave. additional leave.

If health care provider indicated on certification If health care provider indicated on certification that estimated duration of leave was “indefinite,” that estimated duration of leave was “indefinite,” then a recertification may be requested every 30 then a recertification may be requested every 30 days in connection with an absence of an days in connection with an absence of an employee. employee.

6565


Note: Although new FMLA regulations Note: Although new FMLA regulations indicate that employers may require indicate that employers may require annual medical certifications if employee’s annual medical certifications if employee’s need for leave due to employee’s SHC or need for leave due to employee’s SHC or family member’s SHC lasts beyond 1 family member’s SHC lasts beyond 1 leave year, that does not appear to be leave year, that does not appear to be permissible under California law at this permissible under California law at this time. time.

6666


Certifications that employees must provide Certifications that employees must provide for Military Caregiver Leave or Qualifying for Military Caregiver Leave or Qualifying Exigency Leave are discussed in Exigency Leave are discussed in connection with those leaves below.connection with those leaves below.

Serious Health ConditionSerious Health Condition

6868

Serious Health Condition (SHC)Serious Health Condition (SHC)

A serious health condition is an illness, A serious health condition is an illness, injury (including on-the-job injury), injury (including on-the-job injury), impairment, or physical or mental impairment, or physical or mental condition that involves either:condition that involves either: Inpatient care in a hospital, hospice, or Inpatient care in a hospital, hospice, or

residential health care facility residential health care facility oror Continuing treatment or continuing Continuing treatment or continuing

supervision by health care provider. supervision by health care provider.

6969


What constitutes “inpatient care”?What constitutes “inpatient care”? Inpatient care (i.e. an overnight stay) in a Inpatient care (i.e. an overnight stay) in a

hospital, hospice, or residential medical care hospital, hospice, or residential medical care facility – including any period of incapacity facility – including any period of incapacity and any subsequent treatment in connection and any subsequent treatment in connection with such inpatient care.with such inpatient care.• Note: “Period of incapacity” means inability to Note: “Period of incapacity” means inability to

work, attend school or perform other regular daily work, attend school or perform other regular daily activities due to the SHC treatment or the recovery activities due to the SHC treatment or the recovery from it.from it.

7070


What constitutes “continuing treatment by What constitutes “continuing treatment by a health care provider”? a health care provider”?

• New FMLA regulations provide guidance regarding New FMLA regulations provide guidance regarding what the terms “health care provider” and what the terms “health care provider” and “continuing treatment” mean. “continuing treatment” mean.

7171


Health care provider can be: Health care provider can be: Doctor of medicine or osteopathy licensed to Doctor of medicine or osteopathy licensed to

practice in their state.practice in their state. Other health care professionals licensed to Other health care professionals licensed to

practice in their state and who are performing practice in their state and who are performing within the scope of their practice as defined within the scope of their practice as defined by that state’s law, including: by that state’s law, including: • PodiatristsPodiatrists• DentistsDentists• Clinical PsychologistsClinical Psychologists

7272


Health care provider can be (cont’d)Health care provider can be (cont’d)• OptometristsOptometrists• Chiropractors (for certain treatments)Chiropractors (for certain treatments)• Nurse practitionersNurse practitioners• Nurse-midwivesNurse-midwives• Clinical social workersClinical social workers• Physician assistantsPhysician assistants

7373


Health care provider can be (cont’d)Health care provider can be (cont’d) A health care provider from the list above who A health care provider from the list above who

practices in a country other than the US, is practices in a country other than the US, is authorized to practice in accordance with the authorized to practice in accordance with the law of that country, and is performing within law of that country, and is performing within the scope of his or her practice as defined the scope of his or her practice as defined under that country’s law. under that country’s law.

Christian Science Practitioners listed with the Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, First Church of Christ, Scientist in Boston, Mass.Mass.

7474


TreatmentTreatment Includes examinations to determine if SHC Includes examinations to determine if SHC

exists and evaluations of the condition.exists and evaluations of the condition. Does Does notnot include routine physical, eye, or include routine physical, eye, or

dental examinations.dental examinations.

7575


Regimen of Continuing TreatmentRegimen of Continuing Treatment Includes a course of prescription medication Includes a course of prescription medication

or therapy requiring special equipment to or therapy requiring special equipment to resolve or alleviate the health condition (e.g., resolve or alleviate the health condition (e.g., oxygen). oxygen).

Does Does notnot include taking over-the-counter include taking over-the-counter medications, bed-rest, drinking fluids, medications, bed-rest, drinking fluids, exercise, and other similar activities that could exercise, and other similar activities that could be initiated without a visit to health care be initiated without a visit to health care provider. provider.

7676


SHCs include SHCs include chronic conditionschronic conditions, which , which are conditions that are conditions that requirerequire periodic visits for treatment by health periodic visits for treatment by health

care providercare provider continue over an extended period of time continue over an extended period of time

(including recurring episodes of a single (including recurring episodes of a single underlying condition) underlying condition)

may cause episodic incapacity rather than a may cause episodic incapacity rather than a continuing period of incapacitycontinuing period of incapacity

7777


SHCs include conditions that SHCs include conditions that require require multiple treatments multiple treatments forfor restorative surgeryrestorative surgery a condition that would likely result in a period a condition that would likely result in a period

of incapacity of in the absence of medical of incapacity of in the absence of medical intervention or treatment, such as cancer, intervention or treatment, such as cancer, kidney disease, or severe arthritiskidney disease, or severe arthritis

7878


SHCs also include SHCs also include pregnancy-related incapacity pregnancy-related incapacity prenatal careprenatal care incapacity related to and following childbirth incapacity related to and following childbirth

7979


Conditions that are generally Conditions that are generally notnot considered considered SHCs (unless complications arise): common SHCs (unless complications arise): common cold, flu, upset stomach, minor ulcers, cold, flu, upset stomach, minor ulcers, headaches other than migraines, routine headaches other than migraines, routine dental or orthodontia problems, periodontal dental or orthodontia problems, periodontal disease.disease.

8080


Employee may take leave for SHC to Employee may take leave for SHC to undergo substance abuse treatment.undergo substance abuse treatment. Note: If employee violated an applicable Note: If employee violated an applicable

policy or collective bargaining provision that policy or collective bargaining provision that prohibits the use of alcohol or drugs in the prohibits the use of alcohol or drugs in the workplace, UC may nevertheless terminate workplace, UC may nevertheless terminate employee, provided that the applicable policy employee, provided that the applicable policy or CBA is applied in a non-discriminatory or CBA is applied in a non-discriminatory manner.manner.

Intermittent & Intermittent & Reduced Schedule LeavesReduced Schedule Leaves

8282

Intermittent andIntermittent andReduced Schedule LeavesReduced Schedule Leaves

Intermittent leave Intermittent leave is FML leave taken in is FML leave taken in separate blocks of time due to a single separate blocks of time due to a single qualifying reason. qualifying reason.

Reduced schedule leaveReduced schedule leave is a leave is a leave schedule that reduces the employee’s schedule that reduces the employee’s usual number of work hours per workweek usual number of work hours per workweek or per workday. Usually it is a change or per workday. Usually it is a change from full-time to part-time. from full-time to part-time.

8383


Leaves may be granted on an intermittent Leaves may be granted on an intermittent or reduced schedule basis when medically or reduced schedule basis when medically necessary:necessary: For planned and/or unanticipated medical For planned and/or unanticipated medical

treatment of a SHC.treatment of a SHC. For recovery from treatment or from SHC.For recovery from treatment or from SHC. To provide care or psychological comfort to To provide care or psychological comfort to

an immediate family member with a SHC.an immediate family member with a SHC.

8484


As noted earlier, where employee is requesting As noted earlier, where employee is requesting intermittent or reduced schedule leave due to intermittent or reduced schedule leave due to planned medical treatmentplanned medical treatment for the employee or for the employee or family member, employee should consult with family member, employee should consult with UC and make a “reasonable effort” to schedule UC and make a “reasonable effort” to schedule treatment so as to minimize the disruption to treatment so as to minimize the disruption to UC’s operations. Any scheduling, however, UC’s operations. Any scheduling, however, shall be subject to the approval of the health shall be subject to the approval of the health care provider of the employee or family member.care provider of the employee or family member.

8585

Intermittent and Intermittent and Reduced Schedule LeavesReduced Schedule Leaves

Also, if the need for intermittent or reduced Also, if the need for intermittent or reduced schedule leave is schedule leave is foreseeable based on foreseeable based on planned medical treatmentplanned medical treatment, UC may , UC may require employee to transfer temporarily require employee to transfer temporarily (during the period when the intermittent or (during the period when the intermittent or reduced schedule leave is required) to an reduced schedule leave is required) to an available alternative position for which the available alternative position for which the employee is qualified and which better employee is qualified and which better accommodates recurring periods of leave accommodates recurring periods of leave than the employee’s regular position. than the employee’s regular position.

8686

Intermittent and Intermittent and Reduced Schedule Leaves Reduced Schedule Leaves

If such a temporary transfer is done: If such a temporary transfer is done: Transfer may include altering an existing job to better Transfer may include altering an existing job to better

accommodate the employee’s need for intermittent or accommodate the employee’s need for intermittent or reduced schedule leave.reduced schedule leave.

Alternative position must have equivalent pay and Alternative position must have equivalent pay and benefits – but it does not have to have equivalent benefits – but it does not have to have equivalent duties.duties.

Can increase the pay and benefits of an existing Can increase the pay and benefits of an existing alternative position to satisfy equivalent pay and alternative position to satisfy equivalent pay and benefits requirement.benefits requirement.

8787

Intermittent and Intermittent and Reduced Schedule Leaves Reduced Schedule Leaves

If temporary transfer is done (cont’d): If temporary transfer is done (cont’d): Can transfer employee to a part-time job with Can transfer employee to a part-time job with

the same hourly rate of pay and benefits, the same hourly rate of pay and benefits, provided employee is not required to take provided employee is not required to take more leave than is medically necessary. more leave than is medically necessary.

It cannot be done to discourage employee It cannot be done to discourage employee from taking leave or otherwise impose a from taking leave or otherwise impose a hardship on employee. hardship on employee.

8888

Intermittent and Intermittent and Reduced Schedule LeavesReduced Schedule Leaves

If temporary transfer is done (cont’d): If temporary transfer is done (cont’d): When employee can resume working full-time, When employee can resume working full-time,

employee must be placed in same or employee must be placed in same or equivalent job as employee had before the equivalent job as employee had before the leave.leave.

Employee cannot be required to take more Employee cannot be required to take more leave than necessary to address the leave than necessary to address the circumstances that precipitated the need for circumstances that precipitated the need for the leave.the leave.

8989

Light DutyLight Duty

If an employee voluntarily accepts a light duty If an employee voluntarily accepts a light duty assignment in lieu of taking FML while assignment in lieu of taking FML while recovering from a SHC, employee has not recovering from a SHC, employee has not waived his or her FML rights, including the right waived his or her FML rights, including the right to job restoration. However, the right to job to job restoration. However, the right to job restoration ends with the leave year.restoration ends with the leave year.

Time an employee spends working on light duty Time an employee spends working on light duty should should notnot be counted towards an employee’s be counted towards an employee’s FML leave entitlement. FML leave entitlement.

Returning to Work Returning to Work After FMLAfter FML

9191

Reinstatement RightsReinstatement Rights

Employee has the right to reinstatement:Employee has the right to reinstatement: To the same position or, upon the To the same position or, upon the

Department’s discretion, to an equivalent Department’s discretion, to an equivalent position with equivalent benefits, pay, and position with equivalent benefits, pay, and other terms & conditions of employment. other terms & conditions of employment. • Exception: If the leave was for employee’s Exception: If the leave was for employee’s

pregnancy, the reinstatement must be to the pregnancy, the reinstatement must be to the samesame position.position.

9292

Reinstatement Rights (cont’d)Reinstatement Rights (cont’d)

Equivalent positionEquivalent position means a position that is means a position that is virtually identical to the former position in virtually identical to the former position in terms of pay, benefits, and working terms of pay, benefits, and working conditions, including privileges, perquisites, conditions, including privileges, perquisites, and status. and status. • Must entail substantially equivalent skill, effort, Must entail substantially equivalent skill, effort,

responsibility and authority.responsibility and authority.• If the employee is no longer qualified (e.g., if If the employee is no longer qualified (e.g., if

employee missed a course, failed to renew a employee missed a course, failed to renew a license, etc.), employee must be given reasonable license, etc.), employee must be given reasonable opportunity to fulfill those conditions upon return to opportunity to fulfill those conditions upon return to work.work.

9393


Equivalent payEquivalent pay means employee is entitled to means employee is entitled to • Any unconditional pay increases (e.g., COLA increases) that Any unconditional pay increases (e.g., COLA increases) that

occurred during the FML leave period. occurred during the FML leave period. • Other pay increases (e.g., due to seniority, length of service, Other pay increases (e.g., due to seniority, length of service,

or work performed) to the same extent as employees on an or work performed) to the same extent as employees on an equivalent status who did not take FML leave. equivalent status who did not take FML leave.

• Same or equivalent pay premiums, such as shift differentials. Same or equivalent pay premiums, such as shift differentials. • Same or equivalent opportunity to earn overtime.Same or equivalent opportunity to earn overtime.• Any unconditional bonuses made during the leave – whether Any unconditional bonuses made during the leave – whether

or not they are discretionary. or not they are discretionary.

9494


Equivalent benefitsEquivalent benefits means employee is means employee is entitled to same benefits as before the leave, entitled to same benefits as before the leave, subject to any changes made to benefit levels subject to any changes made to benefit levels that occurred during the leave and affected that occurred during the leave and affected the entire workforce, unless otherwise elected the entire workforce, unless otherwise elected by the employee. by the employee.

9595


Equivalent terms & conditionsEquivalent terms & conditions of of employment means employee is entitled to employment means employee is entitled to have similar duties, conditions, responsi-have similar duties, conditions, responsi-bilities, privileges and status as employee’s bilities, privileges and status as employee’s original position.original position.• Same or geographically proximate worksiteSame or geographically proximate worksite• Same or equivalent shift or work scheduleSame or equivalent shift or work schedule• Same or equivalent opportunity for bonuses and Same or equivalent opportunity for bonuses and

other nondiscretionary paymentsother nondiscretionary payments

9696


Employee is Employee is notnot entitled to reinstatement if entitled to reinstatement if Employee would have been laid off if employee had Employee would have been laid off if employee had

been working during the leave. In those been working during the leave. In those circumstances, employee is entitled to the same circumstances, employee is entitled to the same considerations as other employees laid off or considerations as other employees laid off or terminated pursuant to applicable policy or collective terminated pursuant to applicable policy or collective bargaining agreement. bargaining agreement.

Employee was hired for specific term that has ended Employee was hired for specific term that has ended and employee would not otherwise have been and employee would not otherwise have been retained.retained.

Employee was hired to work on a discrete project that Employee was hired to work on a discrete project that has ended and employee would not otherwise have has ended and employee would not otherwise have been retained.been retained.

9797


Employee is Employee is notnot entitled to reinstatement if entitled to reinstatement if (cont’d)(cont’d) Employee is unable to perform the essential functions Employee is unable to perform the essential functions

of the position due to a physical or mental condition of the position due to a physical or mental condition (including continuation of a SHC or an injury or illness (including continuation of a SHC or an injury or illness also covered by workers’ compensation).also covered by workers’ compensation).

• ImportantImportant: There will likely be obligations under the ADA : There will likely be obligations under the ADA and/or FEHA to reasonably accommodate such an employee and/or FEHA to reasonably accommodate such an employee (e.g., by providing an alternative job). (e.g., by providing an alternative job).

Employee acted fraudulently in obtaining the leave. Employee acted fraudulently in obtaining the leave.

9898

Return to Work CertificationReturn to Work Certification

Return to Work Certification Return to Work Certification Employee who took leave for his or her own SHC may Employee who took leave for his or her own SHC may

be required to present a medical certification prior to be required to present a medical certification prior to returning to work, if permissible under applicable returning to work, if permissible under applicable policy or collective bargaining agreement.policy or collective bargaining agreement.

• Be sure to treat similarly situated employees the same.Be sure to treat similarly situated employees the same.• If return to work certification is going to be required, that must If return to work certification is going to be required, that must

be stated in Designation Notice given to employee. be stated in Designation Notice given to employee. • Can ask the health care provider to certify that employee can Can ask the health care provider to certify that employee can

now do those essential functions that SHC rendered now do those essential functions that SHC rendered employee unable to do at the time certification was provided. employee unable to do at the time certification was provided.

Protections Protections for Employeesfor Employees

100100

Protections for employees Protections for employees

UC can’t interfere with, restrain, or deny employee’s UC can’t interfere with, restrain, or deny employee’s exercise of FML rights.exercise of FML rights.

Note: Failing to provide required notices is considered Note: Failing to provide required notices is considered interference.interference.

UC can’t discriminate against employee who exercises UC can’t discriminate against employee who exercises right to take FML leave (or attempts to exercise that right to take FML leave (or attempts to exercise that right).right).

Can’t discipline, penalize, terminate, or refuse to hire for that Can’t discipline, penalize, terminate, or refuse to hire for that protected conduct. protected conduct.

UC can’t retaliate against employee for taking FML UC can’t retaliate against employee for taking FML leave. leave.

Can’t discipline, penalize, terminate, or refuse to hire for that Can’t discipline, penalize, terminate, or refuse to hire for that protected conduct.protected conduct.

101101

Protections for employees (cont’d)Protections for employees (cont’d)

UC also can’t discriminate against or retaliate UC also can’t discriminate against or retaliate against any person (not just employees) whoagainst any person (not just employees) who Files a claim under the FMLA or CFRA in an agency Files a claim under the FMLA or CFRA in an agency

or court or an internal grievance. or court or an internal grievance. Testifies in any such proceeding.Testifies in any such proceeding. Opposes a practice (e.g., by filing a complaint about) Opposes a practice (e.g., by filing a complaint about)

any practice that is unlawful under the FMLA or the any practice that is unlawful under the FMLA or the CFRA or that the person CFRA or that the person reasonably believesreasonably believes to be to be unlawful under those Acts.unlawful under those Acts.

102102

New:New:Military Caregiver LeaveMilitary Caregiver Leave

103103

Military Caregiver Leave Military Caregiver Leave

Who is eligible? Who is eligible? An employee who is the spouse, domestic An employee who is the spouse, domestic

partner, son, daughter, parent, or next of kin partner, son, daughter, parent, or next of kin of a “covered servicemember” of a “covered servicemember” andand

Has at least 12 cumulative months of Has at least 12 cumulative months of University service University service andand

Has worked at least 1,250 hours during the 12 Has worked at least 1,250 hours during the 12 months immediately preceding the leave.months immediately preceding the leave.

104104

Military Caregiver LeaveMilitary Caregiver Leave

This group differs from the employees This group differs from the employees eligible for other types of family and eligible for other types of family and medical leave in several ways.medical leave in several ways. Employee can take leave to care for a son or Employee can take leave to care for a son or

daughter who is a covered servicemember daughter who is a covered servicemember regardless of age.regardless of age.

““Next of kin” is included in the eligible group. Next of kin” is included in the eligible group.

105105


Who is considered “next of kin”?Who is considered “next of kin”? The covered servicemember’s nearest blood The covered servicemember’s nearest blood

relative other than his or her spouse, relative other than his or her spouse, domestic partner, parent, son, or daughter; ordomestic partner, parent, son, or daughter; or

The person who the covered servicemember The person who the covered servicemember has designated in writing as his or her nearest has designated in writing as his or her nearest blood relative for purposes of Military blood relative for purposes of Military Caregiver Leave. Caregiver Leave.

106106


If the servicemember has not designated, the If the servicemember has not designated, the next of kin would be, in order: next of kin would be, in order: • Blood relatives who have been granted legal Blood relatives who have been granted legal

custody of the covered servicemember by court custody of the covered servicemember by court decree or statutory provisionsdecree or statutory provisions

• Brothers and sistersBrothers and sisters• GrandparentsGrandparents• Aunts and unclesAunts and uncles• First cousinsFirst cousins

107107


What if there are multiple family members at What if there are multiple family members at the same level of relationship?the same level of relationship?• All of them will be considered next of kin and would All of them will be considered next of kin and would

be eligible to take Military Caregiver Leave to care be eligible to take Military Caregiver Leave to care for the covered servicemember.for the covered servicemember.

108108


Who is a “covered servicemember”?Who is a “covered servicemember”? A current member of the Armed Forces (including the A current member of the Armed Forces (including the

National Guard and the Reserves) or a member of the National Guard and the Reserves) or a member of the Armed Forces, the National Guard or the Reserves Armed Forces, the National Guard or the Reserves who is on the temporary disability retired list who is on the temporary disability retired list andand

Who has a “serious injury or illness” incurred in the Who has a “serious injury or illness” incurred in the line of duty on active duty for which he or she is line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or undergoing medical treatment, recuperation, or therapy or is otherwise in “outpatient status” or on the therapy or is otherwise in “outpatient status” or on the temporary disability retired list.temporary disability retired list.

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What is a “serious injury or illness”?What is a “serious injury or illness”? An injury or illness incurred by the covered An injury or illness incurred by the covered

servicemember in the line of duty on active duty that servicemember in the line of duty on active duty that may render the servicemember medically unfit to may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or perform the duties of his or her office, grade, rank or rating.rating.

Note: If the covered servicemember’s serious injury or Note: If the covered servicemember’s serious injury or illness was illness was notnot incurred in the line of duty on active incurred in the line of duty on active duty, it’s possible the employee may still be eligible to duty, it’s possible the employee may still be eligible to take a regular family illness leave to care for the take a regular family illness leave to care for the servicemember. servicemember.

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What is “outpatient status”?What is “outpatient status”? The covered servicemember is in outpatient The covered servicemember is in outpatient

status when he or she is assigned either to (a) status when he or she is assigned either to (a) a military medical facility as an outpatient or a military medical facility as an outpatient or (b) a unit established for the purpose of (b) a unit established for the purpose of providing command and control of members providing command and control of members of the Armed Forces receiving medical care of the Armed Forces receiving medical care as outpatients. as outpatients.

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Leave is for up to 26 weeks during a “single 12-Leave is for up to 26 weeks during a “single 12-month leave period.”month leave period.” What is a “single 12-month leave period”?What is a “single 12-month leave period”?

• The period beginning on the first day the employee takes this The period beginning on the first day the employee takes this type of leave and ends 12 months after that date. type of leave and ends 12 months after that date.

• ImportantImportant: Note that for all other FML leaves, UC uses a : Note that for all other FML leaves, UC uses a calendar year to determine leave eligibility.calendar year to determine leave eligibility.

If covered servicemember is a spouse, child or parent If covered servicemember is a spouse, child or parent of employee and has a SHC, the first 12 of the 26 of employee and has a SHC, the first 12 of the 26 weeks would run concurrently with CFRA. weeks would run concurrently with CFRA.

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Leaves may be taken intermittently or on a reduced Leaves may be taken intermittently or on a reduced schedule.schedule.

As with other family leaves, if the need for intermittent or As with other family leaves, if the need for intermittent or reduced schedule leave is reduced schedule leave is foreseeable based on foreseeable based on planned medical treatmentplanned medical treatment, the employee may be , the employee may be required to transfer temporarily (during the period when required to transfer temporarily (during the period when the intermittent or reduced schedule leave is required) to the intermittent or reduced schedule leave is required) to an available alternative position for which the employee an available alternative position for which the employee is qualified and which better accommodates recurring is qualified and which better accommodates recurring periods of leave than the employee’s regular position.periods of leave than the employee’s regular position.

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Leave is applied on a per-covered-Leave is applied on a per-covered-servicemember basis servicemember basis andand a per-injury basis. a per-injury basis. Eligible employees may take more than one period of Eligible employees may take more than one period of

leave to care for a different covered servicemember leave to care for a different covered servicemember oror to care for the same covered servicemember who to care for the same covered servicemember who has a subsequent serious injury or illness.has a subsequent serious injury or illness.

ExceptExcept no more than 26 workweeks of leave can be no more than 26 workweeks of leave can be taken within any single 12-month leave period.taken within any single 12-month leave period.

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If the leave would qualify as either a If the leave would qualify as either a Military Caregiver Leave or a Family Military Caregiver Leave or a Family Illness Leave, it should be designated as a Illness Leave, it should be designated as a Military Caregiver Leave.Military Caregiver Leave.

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Employees may be required to provide a Employees may be required to provide a Certification completed by an authorized health Certification completed by an authorized health care provider of the covered servicemembercare provider of the covered servicemember Who can fill it out?Who can fill it out?

• A US Dept of Defense (DOD) health care providerA US Dept of Defense (DOD) health care provider• A US Dept of Veteran Affairs health care providerA US Dept of Veteran Affairs health care provider• A DOD TRICARE network authorized private health care A DOD TRICARE network authorized private health care

providerprovider• A DOD non-network TRICARE authorized private health care A DOD non-network TRICARE authorized private health care

providerprovider

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UC will be using the Department of Labor’s Certification UC will be using the Department of Labor’s Certification form, which request the following information:form, which request the following information:

Information to confirm that the servicemember is a “covered Information to confirm that the servicemember is a “covered servicemember.” servicemember.”

Approximate date when the servicemember’s condition Approximate date when the servicemember’s condition commenced.commenced.

Probable duration of the condition and/or need for care.Probable duration of the condition and/or need for care. Whether care will be needed for a single continuous period of Whether care will be needed for a single continuous period of

time, including any time for treatment and recovery.time, including any time for treatment and recovery. Whether periodic follow-up treatment will be required and Whether periodic follow-up treatment will be required and

whether there will be a medical necessity for care in connection whether there will be a medical necessity for care in connection with that treatment.with that treatment.

Whether there is a medical necessity for any other periodic care Whether there is a medical necessity for any other periodic care and, if so, the estimated frequency and duration of such care.and, if so, the estimated frequency and duration of such care.

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In addition, the employee may be asked to In addition, the employee may be asked to provide information (or to have the covered provide information (or to have the covered servicemember provide it) to establish that the servicemember provide it) to establish that the leave is for a qualifying purpose, including: leave is for a qualifying purpose, including: Name of the covered servicemember for whom Name of the covered servicemember for whom

employee is requesting leave to care. employee is requesting leave to care. Whether the covered servicemember is a member of Whether the covered servicemember is a member of

the Armed Forces, National Guard, or Reserves and the Armed Forces, National Guard, or Reserves and his or her military branch unit and current unit his or her military branch unit and current unit assignment.assignment.

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Additional information employee may be Additional information employee may be asked to provide (cont’d):asked to provide (cont’d): Whether the covered service member is in Whether the covered service member is in

“outpatient status” and the name of the “outpatient status” and the name of the medical treatment facility or unit.medical treatment facility or unit.

Whether the covered service member is on Whether the covered service member is on the temporary disability retired list.the temporary disability retired list.

A description of the care to be provided to the A description of the care to be provided to the covered service member and an estimate of covered service member and an estimate of the leave needed to provide the care. the leave needed to provide the care.

New: New: Qualifying Qualifying

Exigency LeaveExigency Leave

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Qualifying Exigency LeaveQualifying Exigency Leave

Eligible employees may take Qualifying Eligible employees may take Qualifying Exigency Leave while employee’s spouse, Exigency Leave while employee’s spouse, domestic partner, son, daughter, or parent domestic partner, son, daughter, or parent (the “covered military member”) is on (the “covered military member”) is on active duty or call to active duty status for active duty or call to active duty status for one or more of the activities described one or more of the activities described below. below.

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Who is a “covered military member”? Who is a “covered military member”? • The employee’s spouse, domestic partner, son, The employee’s spouse, domestic partner, son,

daughter, or parentdaughter, or parent• Who is on active duty or has been called to active Who is on active duty or has been called to active

duty status in support of contingency operations duty status in support of contingency operations pursuant to one of several specified provisions of pursuant to one of several specified provisions of lawlaw

• Because he or she isBecause he or she is A member of the Army or Air National Guard of the USA member of the Army or Air National Guard of the US A member of one of various specified Reserve forcesA member of one of various specified Reserve forces A retired member of the Armed Forces A retired member of the Armed Forces A member of the retired ReserveA member of the retired Reserve

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Important Notes: Important Notes: A member of the regular Armed Forces is not A member of the regular Armed Forces is not

a “covered military member” for purposes of a “covered military member” for purposes of Qualifying Exigency Leave. Qualifying Exigency Leave.

““Active duty” refers to Active duty” refers to federalfederal active duty only. active duty only. State calls to active duty are not covered State calls to active duty are not covered unless the President so orders. unless the President so orders.

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Important Notes (cont’d): Important Notes (cont’d): The active duty orders of a covered military The active duty orders of a covered military

member will usually indicate if he or she is member will usually indicate if he or she is serving in support of the kind of contingency serving in support of the kind of contingency operations contemplated by this statute.operations contemplated by this statute.• Contingency operations are typically operations in Contingency operations are typically operations in

which members of the armed forces are or may which members of the armed forces are or may become involved in military actions, operations, or become involved in military actions, operations, or hostilities against an enemy of the US or against hostilities against an enemy of the US or against an opposing military force. an opposing military force.

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As used in the following slides, “child” As used in the following slides, “child” meansmeans a biological, adopted, or foster child, a biological, adopted, or foster child,

stepchild, or legal ward of a covered military stepchild, or legal ward of a covered military member or a child for whom a covered military member or a child for whom a covered military member stands member stands in loco parentis.in loco parentis.

who is under 18 or else incapable of self-care who is under 18 or else incapable of self-care because of a physical or mental disability at because of a physical or mental disability at the time the leave commences.the time the leave commences.

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There are 7 categories of activities that There are 7 categories of activities that would entitle an employee to Qualifying would entitle an employee to Qualifying Exigency Leave. Exigency Leave.

UC and the employee may also agree to UC and the employee may also agree to treat other activities as qualifying treat other activities as qualifying exigencies in appropriate circumstances. exigencies in appropriate circumstances.

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(1) Short-notice deployment(1) Short-notice deployment• To address any issue arising from the fact that the To address any issue arising from the fact that the

covered military member is notified of an covered military member is notified of an impending call or order to active duty in support of impending call or order to active duty in support of a contingency operation a contingency operation 7 or less calendar days 7 or less calendar days prior to the date of deployment.prior to the date of deployment.

• Leave taken for this purpose can be used for a Leave taken for this purpose can be used for a period of 7 calendar days beginning on the date period of 7 calendar days beginning on the date the covered military member is notified of an the covered military member is notified of an impending call or order to active duty in support of impending call or order to active duty in support of a contingency operation.a contingency operation.

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(2) Military events and related activities(2) Military events and related activities• To attend any official ceremony, program, or event To attend any official ceremony, program, or event

sponsored by the military that is related to active sponsored by the military that is related to active duty or call to active duty status of a covered duty or call to active duty status of a covered military member.military member.

• To attend family support or assistance programs To attend family support or assistance programs and informational briefings sponsored or promoted and informational briefings sponsored or promoted by the military, military service organizations, or by the military, military service organizations, or the American Red Cross that are related to the the American Red Cross that are related to the active duty or call to active duty of a covered active duty or call to active duty of a covered military member.military member.

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(3) Childcare and school activities(3) Childcare and school activities• To arrange for alternative childcare when the To arrange for alternative childcare when the

active duty or call to active duty status of a covered active duty or call to active duty status of a covered military member necessitates a change in the military member necessitates a change in the childcare arrangement for a child of the covered childcare arrangement for a child of the covered military member. military member.

• To provide childcare on an urgent, immediate need To provide childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis (but not on a routine, regular, or everyday basis) when the need to provide such care arises basis) when the need to provide such care arises from the active duty or call to active duty status of from the active duty or call to active duty status of a covered military member for a child of a covered a covered military member for a child of a covered military member.military member.

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(3) Childcare and school activities (cont’d)(3) Childcare and school activities (cont’d)• To enroll or transfer a child of a covered military member to a To enroll or transfer a child of a covered military member to a

new school or day care facility when enrollment or transfer is new school or day care facility when enrollment or transfer is necessitated by the active duty or call to duty status of a necessitated by the active duty or call to duty status of a covered military member.covered military member.

• To attend meetings with staff at a school or a daycare facility, To attend meetings with staff at a school or a daycare facility, such as meetings with school officials regarding disciplinary such as meetings with school officials regarding disciplinary measures, parent/teacher conferences or meetings with measures, parent/teacher conferences or meetings with school counselors when such meetings are necessary due to school counselors when such meetings are necessary due to circumstances arising from the active duty or call to active circumstances arising from the active duty or call to active duty status of a covered military member. duty status of a covered military member.

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(4) Financial and legal arrangements(4) Financial and legal arrangements• To make or update financial or legal arrangements To make or update financial or legal arrangements

to address the covered military member’s absence to address the covered military member’s absence while on active duty or call to active duty status, while on active duty or call to active duty status, such as such as

Preparing and executing financial and healthcare powers Preparing and executing financial and healthcare powers of attorneyof attorney

Transferring bank account signature authorityTransferring bank account signature authority Enrolling in the Defense Enrollment Eligibility Reporting Enrolling in the Defense Enrollment Eligibility Reporting

System (DEERS)System (DEERS) Obtaining military ID cardsObtaining military ID cards Preparing or updating a will or living trustPreparing or updating a will or living trust

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(4) Financial and legal arrangements (cont’d)(4) Financial and legal arrangements (cont’d)• To act as the covered military member’s To act as the covered military member’s

representative before a federal, state, or local representative before a federal, state, or local agency for purposes of obtaining, arranging, or agency for purposes of obtaining, arranging, or appealing military service benefits while the appealing military service benefits while the covered military member is on active duty or call to covered military member is on active duty or call to active duty status active duty status andand for a period of 90 days for a period of 90 days following the termination of the covered military following the termination of the covered military member’s active duty status.member’s active duty status.

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(5) Counseling(5) Counseling• To attend counseling provided by someone other To attend counseling provided by someone other

than a healthcare provider for oneself, for the than a healthcare provider for oneself, for the covered military member, or for the child of a covered military member, or for the child of a covered military member, provided that the need covered military member, provided that the need for counseling arises from the active duty or call to for counseling arises from the active duty or call to active duty status of a covered military member. active duty status of a covered military member.

(6)(6) Rest & Recuperation Rest & Recuperation• To spend time with a covered military member who To spend time with a covered military member who

is on short-term, temporary, rest and recuperation is on short-term, temporary, rest and recuperation leave during the period of deployment.leave during the period of deployment.

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(7) Post-deployment activities(7) Post-deployment activities• To attend arrival ceremonies, reintegration To attend arrival ceremonies, reintegration

briefings and events, and any other official briefings and events, and any other official ceremony or program sponsored by the military for ceremony or program sponsored by the military for a period of 90 days following the termination of the a period of 90 days following the termination of the covered military member’s active duty status.covered military member’s active duty status.

• To address issues that arise from the death of a To address issues that arise from the death of a covered military member while on active duty covered military member while on active duty status, such as meeting and recovering the body of status, such as meeting and recovering the body of the covered military member and making funeral the covered military member and making funeral arrangements.arrangements.

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(8) Additional activities (as agreed)(8) Additional activities (as agreed)• To address other events that arise out of the To address other events that arise out of the

covered military member’s active duty or call to covered military member’s active duty or call to active duty status active duty status providedprovided thatthat UC and the UC and the employeeemployee

agree that such leave shall qualify as an exigency agree that such leave shall qualify as an exigency andand agree to both the timing and duration of such leave. agree to both the timing and duration of such leave.

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What documentation can UC require? What documentation can UC require? (1) Active duty orders(1) Active duty orders

• The first time an employee requests leave because of a The first time an employee requests leave because of a qualifying exigency arising out of the active duty or call to qualifying exigency arising out of the active duty or call to active duty status of a covered military member, UC may active duty status of a covered military member, UC may require that the employee provide a copy of the covered require that the employee provide a copy of the covered military member’s military member’s active duty ordersactive duty orders or other or other documentation issued by the military that indicates he or she documentation issued by the military that indicates he or she is on active duty or call to active duty status in support of a is on active duty or call to active duty status in support of a contingency operation.contingency operation.

• The employee only needs to provide this documentation The employee only needs to provide this documentation onceonce..

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(1) Active duty orders (cont’d) (1) Active duty orders (cont’d) • A copy of new active duty orders or other A copy of new active duty orders or other

documentation issued by the military should be documentation issued by the military should be provided by the employee if the need for leave provided by the employee if the need for leave because of a qualifying exigency arises out of a because of a qualifying exigency arises out of a different active duty or call to active duty status of different active duty or call to active duty status of the same or a different covered military member. the same or a different covered military member.

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(2) Certification (signed by employee) that (2) Certification (signed by employee) that includes:includes:• Appropriate facts regarding the qualifying exigency Appropriate facts regarding the qualifying exigency

for which FML leave is being requested. for which FML leave is being requested. Facts sufficient to understand the type of qualifying Facts sufficient to understand the type of qualifying

exigency for which leave is sought exigency for which leave is sought andand Any supporting documentation (e.g., meeting Any supporting documentation (e.g., meeting

announcement, document confirming appointment with a announcement, document confirming appointment with a counselor or school official). counselor or school official).

• Approximate date on which the qualifying exigency Approximate date on which the qualifying exigency commenced or will commence.commenced or will commence.

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(2) Certification that includes: (cont’d) (2) Certification that includes: (cont’d) • If leave is being requested for a single, continuous If leave is being requested for a single, continuous

period of time, the beginning and end dates of the period of time, the beginning and end dates of the absence.absence.

• If intermittent or reduced schedule leave is being If intermittent or reduced schedule leave is being requested, an estimate of the frequency and requested, an estimate of the frequency and duration of the qualifying exigency.duration of the qualifying exigency.

• If the qualifying exigency involves meeting with a If the qualifying exigency involves meeting with a third party, appropriate contact information for the third party, appropriate contact information for the individual or entity with whom the employee is individual or entity with whom the employee is meeting and a brief description of the purpose of meeting and a brief description of the purpose of the meeting. the meeting.

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While the facts of each request for a While the facts of each request for a Qualifying Exigency Leave are going to be Qualifying Exigency Leave are going to be unique, these requests should be handled unique, these requests should be handled as consistently as possible. as consistently as possible.

Questions?Questions?

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