§2.09
Sick Leave

Responsible Manager


Rev. 1/09

  1. Policy
  2. Rate of Earning Sick Leave
  3. Accrual of Sick Leave
    1. Career Employees
    2. Limited Employees
    3. Employees Working Variable Time
    4. Accrual During Leave with Pay
    5. Accrual for Terminating Employees
    6. Accrual for Overtime
    7. Limitations on Accrual and Use of Sick Leave
    8. Accrual During Leave Without Pay
  4. Use of Sick Leave
    1. Termination
    2. Proof of Illness, Injury, Disability, or Bereavement
    3. Use of Sick Leave for Childbearing
    4. Use of Sick Leave for Illness in Employee's Family
    5. Use of Sick Leave During Vacation Periods
    6. Use of Sick Leave for Death in Family
    7. Full-Time Employees
    8. Part-Time Employees
    9. Employees Working Variable Time
    10. Sick Leave Beyond Current Credit
    11. Medical Clearance to Return to Work
  5. Illness During Working Hours
  6. Transfer and Reinstatement of Sick Leave
    1. Transfer of Sick Leave
    2. Reinstatement of Sick Leave

A.  POLICY

Sick leave is provided to continue the salary of eligible Laboratory employees who would otherwise be on pay status but who are unable to work because of illness or disability; for medical, dental, and optical appointments; and on a limited basis in the event of death or illness of a family member. Sick leave accrues each month, based on the percentage of time or number of hours the employee is on pay status during that month. Supervisors are responsible for administering the sick-leave policy to prevent abuses and inequities. Questions concerning the intent of sick-leave policy should be referred to the Human Resources Department.

B.  RATE OF EARNING SICK LEAVE

Sick leave accrues at the rate of eight hours per month for full-time employment.

C.  ACCRUAL OF SICK LEAVE

An employee accrues full or proportionate sick-leave credit each month as shown in Table 2.09(C), below. Sick-leave accrual is based on a maximum eight-hour workday and a forty-hour work week, including extended workweek situations. Part-time employees cannot accrue sick leave for more than an eight-hour workday or for more than the number of hours of work normally scheduled. The following additional criteria also apply to sick-leave accrual.

1.  Career Employees

An employee must be on pay status at least half the working hours of the month to accrue sick leave for that month:

Exception. A half-time biweekly employee who works a normal half-time schedule will be credited with four hours of sick leave even if the employee was in pay status less than half the working hours of a particular month.

2.  Limited Employees

Limited employees working a 50% or more time schedule accrue sick-leave credit in accordance with the provisions of Table 2.09(C) below.

3.  Employees Working Variable Time

Employees who work variable time schedules do not accrue sick-leave credit. (See RPM §3.01(C)(3).)

Table 2.09(C)
Sick-Leave Credit for Part-Time Employees

Number of hours for which hourly
paid employee receives pay (including
leave and holiday time)


Percentage of time for which monthly paid employee receives pay


Hours of sick-leave credit earned
160-hour month
168-hour month
176-hour month
184-hour month
0–79 0–83 0–87 0–91 0–49 0
80–89 84–94 88–98 92–103 50–55 4
90–109 95–115 99–120 104–126 56–68 5
110–129 116–136 121–142 127–149 69–80 6
130–149 137–157 143–164 150–172 81–93 7
150–160 158–168 165–176 173–184 94–100 8

4. Accrual During Leave with Pay

Sick leave accrues during leave with pay, except for professional research or teaching leave.

5. Accrual for Terminating Employees

Sick leave for each month accrues at the end of the month, except that an eligible terminating employee accrues proportionate sick leave through the last day on pay status.

6. Accrual for Overtime

Sick leave does not accrue for time on pay status in excess of 40 hours in any work week.

7. Limitations on Accrual and Use of Sick Leave

There is no maximum on the amount of sick leave that may be accrued or the amount that may be used in any year.

8. Accrual During Leave Without Pay

An employee who is on approved leave of absence without pay, but who was in pay status at least half the working hours of a month (including holidays), earns sick leave at the normal accrual rate. An employee in pay status less than half the working hours of a month earns no sick leave credit for that month.

D. USE OF SICK LEAVE

Accumulated sick-leave credit may be used only when an employee is unable to work due to sickness, injury, or quarantine; for medical, dental, or optical appointments; or for family illness or death in the family. Sick leave for medical, dental, or optical appointments is limited to reasonable travel and appointment times only. An employee cannot use sick leave before the time it is accrued.

1. Termination

An employee may not use sick leave beyond a predetermined date of separation, including retirement or layoff or any leave without pay.

2. Proof of Illness, Injury, Disability, or Bereavement

An employee may be required to submit satisfactory proof of illness or disability in the form of a physician's statement or other administratively acceptable evidence. Proof of illness or bereavement in the family may also be required.

3. Use of Sick Leave for Childbearing

Employees are strongly encouraged to contact Health Services for confidential counseling regarding their pregnancy status as well as any work-related issues.

4. Use of Sick Leave for Illness in Employee's Family

An employee may use up to 30 days of accrued sick leave in any calendar year (i.e., January 1 through December 31) when required to be in attendance or to provide care because of the illness of the employee's spouse, domestic partner, parent, child (including the child of a domestic partner), sibling, grandparent, grandchild, in-law, or step-relative in the same relationship; or any other person who is residing in the employee's household for whom there is a personal obligation. This privilege is not intended to cover baby-sitting. Sick leave charged for this purpose should be shown by the symbol "F" (for Family Leave) instead of the normal symbol "E." See Paragraph (D)(6), below, for additional sick leave allowance for death in the family.

An eligible employee who has requested vacation-leave donations from other employees for the purpose of caring for a catastrophically ill person shall first exhaust his or her accrued sick-leave balance even when doing so results in exceeding the 30-day limit otherwise imposed on the use of sick leave for family illness. See RPM §2.26 (Catastrophic Leave Sharing).

5. Use of Sick Leave During Vacation Periods

Any time charged to sick leave included within or immediately following a vacation period is acceptable as a charge against sick-leave credit as long as specific approval is given by the employee's supervisor. Specific approval will be based on a physician's statement or other administratively acceptable evidence. If such approval is not given, the absence will be charged to vacation leave or leave without pay if the employee has no accrued vacation credit.

6. Use of Sick Leave for Death in Family

An employee is permitted to use not more than five days of accrued sick leave when the employee's presence is required because of the death of the employee's mother, father, husband, wife, son, daughter, brother, or sister; grandparent, grandchild, in-law, or step-relative in the same relationship; or any other person who is residing in the employee's household for whom there is a personal obligation. In addition, an employee is permitted to use not more than five days of sick leave in any calendar year in the event that he or she has a personal obligation with regard to funeral attendance or bereavement because of the death of any other person. This is in addition to the sick leave allowance for illness in the employee's family. See Paragraph (D)(4), above.

7. Full-Time Employees

Use of sick leave is limited to a maximum of eight hours per day and forty hours per week, including extended workweek situations.

8. Part-Time Employees

Sick-leave charges that would result in a part-time employee's being paid for more than eight hours per day or for more than the number of hours per week formally scheduled are not allowed.

9. Employees Working Variable Time

Employees who work variable time do not accrue sick-leave credit, but sick-leave credit previously earned while an employee works a definite schedule may be charged as long as the employee was scheduled to work the days and hours for which sick leave is claimed. Use of sick leave is limited to the number of hours the employee was scheduled to work.

10. Sick Leave Beyond Current Credit

When sick-leave credit is exhausted, vacation-leave or leave-without-pay rules apply unless the employee qualifies for, and receives, catastrophic leave-sharing credits (RPM §2.26).

11. Medical Clearance to Return to Work

On returning to work after any lost time due to illness or injury occurring at work, employees must report to Health Services for an evaluation of their condition and ability to resume customary work. When an employee has been absent for five or more consecutive workdays because of his or her own serious illness or injury unrelated to work, he or she must provide Health Services with a release to return to work. This release must include any information regarding medical restrictions that may affect the employee's ability to perform his or her job, as certified by the treating physician. For more information on the Lab’s Return-to-Work Program, go to http://www.lbl.gov/ehs/health_services/pp/index.shtml.

E. ILLNESS DURING WORKING HOURS

When an employee becomes ill during working hours, advice may be sought from Health Services.

F. TRANSFER AND REINSTATEMENT OF SICK LEAVE

1. Transfer of Sick Leave

An employee who terminates from a position in which sick-leave credit is accrued at another part of the University for the purpose of accepting employment in a position at the Laboratory will have all such credit transferred. If the Laboratory position is one in which sick-leave credit is not accrued, however, the employee's prior credit is not transferable. If the employee later changes to a position in which sick-leave credit is accrued, the previously accrued credit will be reinstated.

2. Reinstatement of Sick Leave

Sick-leave credit accumulated in previous employment with the University or the state of California may be reinstated on the following basis:

  1. An employee who is re-employed after a break in service of less than 15 calendar days will have all sick leave from the immediate prior service reinstated.
  2. An employee who is re-employed after a break in service of 15 or more calendar days but less than 6 months will have sick leave accrued in prior service reinstated not in excess of 80 hours.
  3. An employee who is re-employed from recall status or preferential-rehire status will have all accrued sick leave from prior service reinstated.

 

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