Other Leaves

An unpaid personal leave of absence may be granted if business conditions permit and provided there are sufficient reasons such as:

• An employee has an illness or injury that exceeds time eligible under FMLA/CFRA
• An employee must care for a family member not covered under FMLA/CFRA or has exceeded time eligible under FMLA/CFRA
• An employee requests to stay home with a newborn or newly adopted child beyond the period allowed by the Pregnancy Disability Leave (PDL) or FMLA/CFRA
• An employee is not eligible for FMLA/CFRA
• An employee’s personal reasons
• Other reasons as specified in a collective bargaining agreement

Per SMC Policy: 4-1. Personal Leave
If employees are ineligible for any other Saint Mary's College of California leave of absence, Saint Mary's
College of California, under certain circumstances, may grant a personal leave of absence without pay. A
written request for a personal leave should be presented to management at least two (2) weeks before
the anticipated start of the leave. If the leave is requested for medical reasons and employees are not
eligible for FMLA and CFRA, medical certification also must be submitted. The request will be considered
on the basis of staffing requirements and the reasons for the requested leave, as well as performance
and attendance records. Normally, a leave of absence will be granted for a period of up to eight (8)
weeks. However a personal leave may be extended if, prior to the end of leave, employees submit a
written request for an extension to management and the request is granted. During the leave, employees
will not earn vacation, personal days or sick days. We will continue health insurance coverage during the
leave if employees submit their share of the monthly premium payments to Saint Mary's College of
California in a timely manner, subject to the terms of the plan documents.
 

When the employees anticipate returning to work, they should notify management of the expected return
date. This notification should be made at least one week before the end of the leave.
 

Upon completion of the personal leave of absence, Saint Mary's College of California will attempt to
return employees to their original job or a similar position, subject to prevailing business considerations.
Reinstatement, however, is not guaranteed.
 

Failure to advise management of availability to return to work, failure to return to work when notified or a
continued absence from work beyond the time approved by Saint Mary's College of California will be
considered a voluntary resignation of employment.
 

Personal leave runs concurrently with any Saint Mary's College of California-provided Short-Term
Disability Leave of Absence.

Per SMC Policy: 4-16. Bereavement Leave
Employees who have been employed for at least 30 days may take bereavement leave of up to five (5)
days upon the death of a family member. For the purposes of this policy a family member includes a
spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

Bereavement leave need not be consecutive but must be completed within three (3) months of the family
member's death

Per SMC Policy: 4-6. Leave of Absence for Reproductive Loss Events

Following 30 days of employment, all employees are eligible for a bereavement leave following a
reproductive loss event, as defined below. Under this leave, employees will be entitled to five (5) unpaid
days of leave based upon their regularly scheduled hours in the event they suffer a reproductive loss.
These days may be taken at one time, or on an intermittent basis within 3 months of the date of the event. In
the event an employee experiences more than one reproductive loss event within a 12-month period, they
can receive another 5 days of unpaid leave. The maximum amount of time off under this leave within a
12-month period is 20 days. Any unpaid time may be supplemented with available vacation, PTO, or Paid
Sick Leave. This leave applies to both birthing and non-birthing parents.

A reproductive loss is defined as:
● Failed adoption
● Failed surrogacy
● Miscarriage
● Stillbirth
● Unsuccessful assisted reproduction
● Other occurrences required by law

Per SMC Policy: 3-5. Jury Duty
Saint Mary's College of California realizes that it is the obligation of all U.S. citizens to serve on a jury
when summoned to do so. All employees will be allowed time off to perform such civic service as required
by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and
verification of their service.
 

Employees also are expected to keep management informed of the expected length of jury duty service
and to report to work for the major portion of the day if excused by the court. If the required absence
presents a serious conflict for management, employees may be asked to try to postpone jury duty.
 

Employees on jury duty leave will be paid for their jury duty service in accordance with state law;
however, exempt employees will be paid their full salary for any week in which time is missed due to jury
duty if work is performed for Saint Mary's College of California

Per SMC Policy: 4-15. Voting Leave
In the event employees do not have sufficient time outside of working hours to vote in a statewide
election, employees may take off sufficient working time to vote. This time should be taken at the
beginning or end of the regular work schedule, whichever allows the most free time for voting and the
least time off from work. Employees will be allowed a maximum of two (2) hours of voting leave on
Election Day without loss of pay. Where possible, supervisors should be notified of the need for leave at
least three (3) working days prior to Election Day.

Per SMC Policy: 4-17. Time Off for Crime Victims
Employees who have been victims of serious or violent felonies, as specified under California law, or felonies relating to theft or embezzlement, may take time off work to attend judicial proceedings related to the crime. Employees also may take time off if an immediate family member has been a victim of such crimes and the employee needs to attend judicial proceedings related to the crime. "Immediate family member" is defined as spouse, registered domestic partner, child, child of registered domestic partner, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather.

Employees must give their supervisor a copy of the court notice given to the victim of each scheduled proceeding before taking time off, unless advance notice to Saint Mary's College of California of the need for time off is not feasible. When advance notice is not feasible, the employee must provide Saint Mary's College of California with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court or government agency setting the hearing, the district attorney or prosecuting attorney's office or the victim/witness office that is advocating on behalf of the victim.

Employees may elect to use accrued paid vacation time, paid sick leave time or other paid time off for the absence. If the employee does not elect to use paid time off, the absence will be unpaid. However, exempt employees will be paid their full salary for any workweek interrupted by the need for time off under this policy.

Per SMC Policy: 4-13. Leave for Victims of Crime or Abuse (Including Domestic Violence, Sexual Assault, or Stalking)

Employees who are victims of a crime or abuse, including domestic violence, sexual assault or stalking, may take unpaid leave for up to 12 weeks for the following reasons:

● to seek medical attention for injuries caused by crime or abuse;

● to obtain services from a domestic violence shelter, program, rape crisis center or victim services organization or agency as a result of the crime or abuse;

● to obtain psychological counseling or mental health services related to an experience of crime or abuse; or

● to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation

Employees are covered as victims and entitled to leave under this policy if they are:

● a victim of stalking, domestic violence or sexual assault;

● a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or

● a person whose immediate family member is deceased as the direct result of a crime. Saint Mary's College of California may require proof of the employee's participation in these activities. Whenever possible, employees must provide their supervisor reasonable notice before taking anytime off under this policy.

Employees may substitute any accrued vacation, sick or other time off for the leave under this policy. Leave under this policy does not extend the time allowable under the "Family and Medical Leave" policy in this handbook.

No employees will be subject to discrimination or retaliation because of their status as a victim of a crime or abuse, including crime or abuse related to domestic violence, sexual assault or stalking. Victims of a crime or abuse, including crime or abuse related to domestic violence, sexual assault or stalking, may request other accommodations in the workplace such as implementation of safety measures.

Per SMC Policy: 4-10. Time Off for Volunteer Firefighters, Reserve Peace Officers, and Emergency Rescue Personnel

Employees who are volunteer firefighters, reserve peace officers or emergency rescue personnel are
permitted unpaid time off, not to exceed 14 days per calendar year, for the purpose of engaging in fire,
law enforcement or emergency rescue training. If the employees request time off under the policy they
must notify their direct supervisor immediately after the need for the leave becomes known.

Per SMC Policy: 4-20. Time Off for School Related Activities
Employees that work at a location with 25 or more employees are provided unpaid time off up to 40 hours
in one (1) calendar year if they are parents (including individuals acting in the capacity of a parent under
the law), guardians, stepparents, foster parents or grandparents with custody of a child attending, or of
age to attend, a licensed child care provider or kindergarten through Grade 12. The unpaid leave must be
used for the following child-related activities:

1. to find, enroll or reenroll the child in a school or with a licensed childcare provider, or to participate
in activities of the school or licensed child care provider of the child.
2. to address a child care provider or school emergency, meaning that the child cannot remain in
school or with a child care provider due to one of the following:
     ● the school or child care provider has requested that the child be picked up or has an
        attendance policy, excluding planned holidays, that prohibits the child from attending or
        requires the child to be picked up from the school or child care provider;
     ● behavioral or discipline problems;
     ● closure or unexpected unavailability of the school or child care provider, excluding planned
        holidays;
     ● or a natural disaster, including, but not limited to, fire, earthquake or flood.
 

The amount of time off for reason #1 cannot exceed eight (8) hours in any calendar month of the year.
Prior to taking leave for reason #1 above, the employee must provide reasonable notice of the planned
absence to their Supervisor. The employee must give notice to their Supervisor when taking leave for
reason #2 above.
 

If more than one parent of a child is employed at the same worksite, leave for the reasons above apply, at
any one time, only to the parent who first gives notice, such that another parent may take a planned
absence simultaneously as to that same child for the reasons above, but only if the parent obtains
approval from their Supervisor for the requested time off.
 

Employees may be required to provide documentation of their participation in these activities. Parents,
guardians or grandparents with custody of schoolchildren who have been suspended also are allowed to
take unpaid time off to appear at the school pursuant to the school's request. Employees must use
accrued paid time off for purposes of the leave taken under this policy.
 

Per SMC Policy: 4-11. Bone Marrow Donation Leave
The employee who has been employed for at least 90 days may request a leave of absence for up to five
(5) business days in any one-year period to undergo a medical procedure to donate bone marrow.
Employees must provide a certification from their physician regarding the purpose and length of each
leave requested. The employee must use any accrued vacation time, sick leave or paid time off for this
leave, but the use of vacation accrual, sick leave or paid time off does not extend the term of this leave. If
accrued vacation, sick leave or paid time off is not available, the time off for such procedure shall be paid,
but the paid time off shall not exceed five (5) days. Bone marrow donation leave will not be designated as
FMLA or CFRA leave time. Employees will receive health benefits for the duration of their Bone Marrow
Donation Leave and upon returning from such leave will have a right to return to the same or equivalent
positions they held before such leave.
 

Per SMC Policy: 4-12. Organ Donation Leave
Employees who have been employed for at least 90 days may request a paid leave of absence for up to
30 business days in any one-year period to undergo a medical procedure to donate an organ. Employees
can request an additional 30 days of unpaid leave in any one-year period for this same purpose.
Employees must provide a certification from their physician regarding the purpose and length of each
leave requested. The one-year period is measured from the start of the leave.
For an initial request for organ donation leave, the employee must use up to two weeks of accrued
vacation, sick leave or paid time off for this leave, but the use of vacation accrual, sick leave or paid time
off does not extend the term of the leave. If accrued vacation, sick leave or paid time off is not available,
the time off for such procedure shall be paid; however the paid time off shall not exceed 30 days. Organ
donation leave will not be designated as FMLA or CFRA leave time. Employees will receive health
benefits for the duration of their organ donation leave and upon returning from such leave will have a right
to return to the same or equivalent positions they held before such leave. Absences due to organ
donation leave do not count as a break in service for the purpose of the employee's right to salary
adjustments, sick leave, vacation and paid time off or seniority.

Per SMC Policy: 4-14. Witness Leave
Employees called to serve as an expert witness in a judicial proceeding on behalf of the State will be
granted leave with pay. Employees summoned to appear in court as an expert witness, but not on behalf
of the State may use available vacation and personal time to cover the period of absence.
Employees subpoenaed for witness duty must notify their supervisor as soon as possible.

Per SMC Policy: 4-18. Literacy Assistance
Saint Mary's College of California is committed to providing assistance to employees who require time off
to participate in an adult education program for literacy assistance. If employees need time off to attend
such a program, they should inform their direct supervisor or the Office of Human Resources Department.
Saint Mary's College of California will attempt to make reasonable accommodations by providing unpaid
time off or an adjusted work schedule, provided the accommodation does not impose an undue hardship
on Saint Mary's College of California. Saint Mary's College of California will attempt to safeguard the
privacy of employees' enrollment in an adult education program.

Per SMC Policy: 4-19. Rehabilitation Leave
Saint Mary's College of California is committed to providing assistance to our employees to overcome
substance abuse problems. Saint Mary's College of California will reasonably accommodate any
employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program.
This accommodation may include time off without pay or an adjusted work schedule, provided the
accommodation does not impose an undue hardship on Saint Mary's College of California. Employees
may also use accumulated sick days, if applicable, for this purpose.
 

Employees should notify the Office of Human Resources if they need such accommodation. Saint Mary's
College of California will take reasonable steps to safeguard privacy with respect to enrollment in an
alcohol or drug rehabilitation program.

Per SMC Policy: 4-7. Military Leave
If employees are called into active military service or enlist in the uniformed services, they will be eligible
to receive an unpaid military leave of absence. To be eligible for military leave, employees must provide
management with advance notice of service obligations unless they are prevented from providing such
notice by military necessity or it is otherwise impossible or unreasonable to provide such notice. Provided
the absence does not exceed applicable statutory limitations, employees will retain reemployment rights
and accrue seniority and benefits in accordance with applicable federal and state laws. Employees should
ask management for further information about eligibility for Military Leave.
 

If employees are required to attend yearly Reserves or National Guard duty, they can apply for an unpaid
temporary military leave of absence not to exceed the number of days allowed by law (including travel).
They should give management as much advance notice of their need for military leave as possible so that
Saint Mary's College of California can maintain proper coverage while employees are away.