University of California, Riverside

Academic Personnel



Leave FAQs for Family Friendly Policies


Family Accommodations for Childbearing and Childrearing – FAQ

 

 

What is Childbearing Leave?
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Childbearing leave is granted for the purpose of childbirth and recovery.  It usually lasts about 6 weeks but may be extended due to medical reasons.  During a childbearing leave, no duties shall be required by the university.  In the quarter of a childbearing leave, there must be full relief from teaching duties.  Central funding for the purpose of providing ladder rank faculty teaching replacement is allocated to the affected academic department http://academicpersonnel.ucr.edu/family/Work-Life_Balance_Request_Form.doc.

I am a ladder rank faculty member and a birth mother.  I heard I can get childbearing leave for two quarters.  Is this true?
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Not exactly.  The total period of Childbearing Leave plus Active Service-Modified Duties (ASMD) for a birth mother (who has a full-time ladder rank faculty appointment of at least one full academic year) may not exceed two quarters for each birth.  So yes, you can have “2 quarters” but it’s a combination of childbearing leave and ASMD.   

What is Stop the Clock for the Care of a Child or Children?
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This is not a leave; it is a stoppage of the tenure clock for ladder rank faculty for purposes of childrearing. Mothers and fathers, adoptive or natural, who have 50% or more responsibility for care of an infant or newly adopted child under the age of five are eligible to request a Stop the Clock.  Such requests must be made within two years of the birth or adoption of the child and must be exercised before July 1 of the academic year in which a promotion review is to occur (no later than the second half of his/her actual fifth year).

How much time off can I have to be with my new baby or adopted child?
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Both mothers and fathers may be eligible under family leave laws for time off to bond with newborn or adopted children.  Additionally, birth mothers may be eligible for more time off under state pregnancy disability laws.  Leave for childbirth and recovery normally will be for at least 6 weeks; more time may be necessary for medical reasons. If an academic appointee is disabled because of pregnancy, childbirth, or related medical conditions she is eligible to take an unpaid childbearing leave (“pregnancy disability leave”) for up to 4 months during the period of actual disability. During a childbearing leave, no duties shall be required by the University.

Do I have to take it all at once?
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Childbearing leave need not be taken in one continuous period of time but may be taken on an intermittent or reduced schedule basis when medically necessary.  Whenever possible, UCR asks that you provide at least 30 days advance notice of your intentions.

What is Pregnancy Disability Leave?
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Under the California Fair Employment and Housing Act (FEHA), a faculty member who is disabled because of pregnancy, childbirth, or related medical conditions is eligible to take an unpaid childbearing leave ("pregnancy disability leave") for up to 4 months during the period of actual disability.  A faculty member may be eligible for Short-term Disability plan benefits and, if enrolled, Supplemental Disability plan benefits if she is unable to work because of her physical condition.

What is the Family Medical Leave Act (FMLA)? Top
Federal law provides for up to 12 weeks of unpaid leave in a calendar year for any of the following reasons:
• the employee’s own serious health condition
• the birth of a child or to care for a newborn, newly adopted child, or a newborn in foster care
• the care of a spouse, child or parent with a serious health condition
Any employee who has at least 12 months of University service and has worked at least 1250 hours during the 12 months immediately preced­ing the commencement of the leave is eligible.  A family and medical leave may, in certain circumstances, overlap or be combined with other types of leaves allowed under UC policies.

Is FMLA a paid leave?
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Per APM 715-20, Family and Medical Leave is normally unpaid leave except that:
a. Accrued sick leave may be substituted, at the appointee’s option, for unpaid family and medical leave granted for the appointee’s serious health condition or to care for the appointee’s child, parent, spouse, or domestic partner with a serious health condition. Accrued vacation leave may be substituted, at the appointee’s option, for unpaid family and medical leave granted for any covered reason.
b. For academic appointees who do not accrue sick leave, Chancellors may approve leave with pay for up to 12 workweeks.

What is Active Service-Modified Duties (ASMD)?
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This is a reduction of duties, not a leave.  The appointee remains in service to the University but with modified duties.  Duties to be assumed during this period shall be arranged between the Department Chairperson and the appointee. For ladder-rank faculty, the modification of duties normally will be either partial or full relief from teaching without the assignment of additional teaching duties before or after to offset the teaching relief. For other eligible faculty who primarily have teaching duties, the modification of duties normally will be partial teaching relief or the assignment of additional resources such as teaching assistants or readers, as appropriate. For all other eligible academic appointees, the modification of duties normally will be a reduced workload.* Eligibility for a period of Active Service-Modified Duties normally extend from 3 months prior to, to 12 months following, the birth or adoption of a child and may be granted to any faculty member who has 50% or more responsibility for the child. This means fathers can apply for Active Service-Modified Duties if they are ladder rank faculty.  The total period of Childbearing Leave plus Active Service-Modified Duties for a birth mother (who has a full-time ladder rank faculty appointment of at least one full academic year) may not exceed two quarters for each birth. If she gives birth during the summer she is eligible for a total period of active service-modified duties of two quarters during the academic year.   Central funding for the purpose of providing ladder rank faculty teaching replacement is allocated to the affected academic department on request http://academicpersonnel.ucr.edu/family/Work-Life_Balance_Request_Form.doc.

Who is eligible for Active Service-Modified Duties?
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To be eligible for active service-modified duties, the faculty member must be responsible for 50 percent or more of the care of a child. The child may be the appointee’s child or that of a spouse or domestic partner. An appointee is eligible for a period of active service-modified duties for each event of birth or placement (adoption). The birth or placement of one or more children at the same time constitutes a single event of birth or placement. Eligibility for a period of active service-modified duties shall normally extend from 3 months prior to 12 months following the birth or placement.

What is Parental Leave Without Pay?
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Parental Leave leave without salary can be granted for the purpose of child care.  Normally, this leave combined with Childbearing Leave and/or Active Service-Modified Duties may not exceed one year for each birth or adoption

How does Childbearing Leave interact with the Family and Medical Leave Act (FMLA)?
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If a faculty member on a childbearing leave also is eligible for family and medical leave, up to 12 workweeks of the childbearing leave shall run concurrently with family and medical leave under Federal law. At the end of a childbearing leave (which may extend up to 4 months if the individual is certified disabled by her health care provider), an eligible faculty member also is entitled to up to 12 workweeks of unpaid leave consistent with the CFRA (California Family Rights Act of 1991) to care for her newborn child, if the child has been born by this date, or for any other covered reason except pregnancy or pregnancy-related medical conditions, if the appointee has any remaining FMLA/CFRA leave entitlement.

Does the Family and Medical Leave Act apply to academic appointments?
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Yes.  The basic requirements and campus guidelines of the Family & Medical Leave (FML) Act apply to all UCR academic employees who meet the eligibility requirements. 

What is the expectation for service?  No classroom teaching or light to no service load?
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As an alternative to or in addition to a childbearing leave, the University shall temporarily modify a pregnant appointee’s position or transfer her to a less strenuous or hazardous position upon request if medically necessary and if the temporary modification or transfer can be reasonably accommodated (Accommodation of Pregnancy APM 760-25-c). This temporary modification or transfer shall not be counted against an eligible academic appointee’s entitlement to up to 4 months of childbearing leave (“pregnancy disability leave” under the FEHA) or family and medical leave unless the modification has taken the form of intermittent leave or a reduced work schedule.

If I am adopting a child, do the same rules apply?
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If you adopt a child, the rules about FMLA apply; however rules about disability benefits do not apply.  Also, only birth mothers get the 2 quarters of ASMD.  Adoptive parents are eligible for only 1 quarter of ASMD.

May a faculty member defer a merit for a year without penalty, in terms of salary, due to having or adopting a child?
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Yes. A faculty member who has extended the clock or deferred a merit due to childbirth/adoption will not be affected negatively in the review system.

What is Extension of the Eight Year Probationary Period?
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This is an automatic extension for faculty reporting childbearing leave and parental leave equal to or in excess of one quarter.  As a family accommodation, appointees who have substantial responsibility will receive a one year extension of the probationary period.  There is a maximum of two extensions for a year each (for two birth events).  The probationary period cannot be extended if notification of the event of birth or adoption occurs after the beginning of the sixth year of appointment.

I’d like to place my child in the UCR Child Development Center.  How long a wait is there, and is there help available for alternative arrangements if my child can’t get a spot right away?
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The UCR Child Development Center provides year-round daycare for infants and children up to 5 years of age, including a preschool program.  As of spring 2008, the wait to get a child into the Center varies, but it is shorter for older children (> 2 years) than for infants.  Children aged 2 and older typically can get admitted within a year.  The Center Director, Judith Wood, is happy to provide further information and help faculty with alternative arrangements for their children (Judith.wood@ucr.edu, www.childrenservices.ucr.edu, 951-827-3854).  A second center, currently scheduled to open June 2009, will increase capacity and help decrease the wait time.

If there are any questions with the process, who do I contact?
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Should you need further assistance or information, please call the Academic Personnel Office at (951) 827-5810 or send an email to sara.umali@ucr.edu.

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