Note:

This policy addresses leaves in general. For provisions regarding the Family and Medical Leave Act (FMLA), including family and medical leave for an employee seeking leave because of a relative’s military service, see DECA. For provisions addressing leave for an employee’s military service, see DECB.

The governing board of each college or university supported in whole or in part by state funds shall issue regulations concerning the authorized and unauthorized absence from duty of faculty members, as defined by Education Code 51.101(3) [see Development Leaves of Absence, below], including teaching assistants and research assistants. Each governing board shall file a copy of these regulations concerning employee absences with the Coordinating Board. Each governing board shall file any amendment to its regulations with the Coordinating Board not later than 30 days after the effective date of the amendment.

Education Code 51.108

Pregnancy and

Related Conditions

Title VII

Disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, for all job-related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment. 29 C.F.R.1604.10(b)

Title IX

Comparable

Treatment

A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom and any temporary disability resulting therefrom as any other temporary disability for all job related purposes, including commencement, duration, and extensions of leave. 34 C.F.R. 106.57(c)

Voluntary Leaves

of Absence

In the case of a recipient which does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status which she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment. 34 C.F.R. 106.57(d)

Pregnant Workers

Fairness Act

It is an unlawful employment practice for a covered entity to require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee that does not result in an undue hardship for the covered entity; but nothing in 29 C.F.R.

1636.4 prohibits leave as a reasonable accommodation if that is the reasonable accommodation requested or selected by the employee, or if it is the only reasonable accommodation that does not

cause an undue hardship.

The reasonable accommodation of leave includes, but is not limited to:

1. The ability to use paid leave, whether accrued, short-term disability, or another employer benefit, or unpaid leave, including, but not limited to, leave during pregnancy; to recover from childbirth, miscarriage, stillbirth, or other related medical conditions; and to attend health-care appointments or receive healthcare treatments related to pregnancy, childbirth, or related medical conditions;

2. The ability to use paid leave, whether accrued, short-term disability, or another employer benefit, or unpaid leave for a known limitation under the Pregnant Workers Fairness Act (PWFA); and

3. The ability to choose whether to use paid leave, whether accrued, short-term disability, or another employer benefit, or unpaid leave to the extent that the covered entity allows employees using leave for reasons not related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions to choose between the use of paid leave and unpaid leave.

42 U.S.C. 2000gg-1(4); 29 C.F.R. 1636.3(i)(3), .4(d)

Definitions

‘‘Pregnancy’’ and ‘‘childbirth’’ refer to the pregnancy or childbirth of the specific employee in question and include, but are not limited to, current pregnancy; past pregnancy; potential or intended pregnancy, which can include infertility, fertility treatment, and the use of contraception; labor; and childbirth, including vaginal and cesarean delivery.

‘‘Related medical conditions’’ are medical conditions relating to the pregnancy or childbirth of the specific employee in question, as described by 29 C.F.R. 1636.3(b).

29 C.F.R. 1636.3(b)

Religious

Observances

An employer, including a college district, shall reasonably accommodate an employee’s request to be absent from duty in order to participate in religious observances and practices, so long as it does not cause undue hardship on the conduct of the employer’s business. An employer has met its obligation when it demonstrates that it has offered a reasonable accommodation to the employee. The employer need not further show that each of the employee's alternative accommodations would result in undue hardship.

42 U.S.C. 2000e(j), 2000e-2(a); 29 C.F.R. 1605.2; Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60 (1986)

Religious Holy Days

An institution of higher education, including a college district, may not discriminate against or penalize in any way a faculty member who is absent from work for the observance of a religious holy day and gives proper notice of that absence if the customary and generally applicable educational practices of the institution permit general personal absence by faculty members. If personal absence is customarily penalized, the penalty for absence due to observance of a religious holy day under this section shall be forfeiture of one day’s pay equivalent for each day of absence.

“Proper notice” means that the faculty member shall provide a listing of religious holy days to be observed during the semester to the chairman of the department and shall provide notice of such days in advance to all students whose class would be canceled due to the faculty member’s absence. This notice shall be in writing and shall be personally delivered to the chairman of the department, receipt therefore being acknowledged and dated by the chairman, or shall be sent by certified mail return receipt requested, addressed to the chairman.

A “religious holy day” shall be defined as a holy day observed by a religion whose places of worship are exempt from property taxation under Tax Code 11.20.

Education Code 51.925

Leave for Certain

Law Enforcement

and EMS Personnel

Mental Health

Leave

Each law enforcement agency, and each agency of the state or of a political subdivision of the state that employs a full-time telecommunicator as defined by Occupations Code 1701.405, shall develop and adopt a policy allowing the use of mental health leave by the peace officers and full-time telecommunicators employed by the agency who experience a traumatic event in the scope of that employment.

A mental health leave policy adopted under this section must:

1. Provide clear and objective guidelines establishing the circumstances under which a peace officer or telecommunicator is granted and may use mental health leave;

2. Entitle a peace officer or telecommunicator to mental health leave without a deduction in salary or other compensation;

3. Enumerate the number of mental health leave days available to a peace officer or telecommunicator; and

4. Detail the level of anonymity for a peace officer or telecommunicator who takes mental health leave.

A mental health leave policy adopted under this section may provide a list of mental health services available to peace officers and telecommunicators in the area of the law enforcement or employing agency.

Gov’t Code 614.015