Job Protection & COVID-19 Related Paid Leaves

April 16, 2020
Gerry Bomotti
Vice Chancellor and CFO
April 16, 2020

Dear Campus Community:
 
First, I’d like to offer a sincere thank you for all you’re doing and for your patience as we work through the myriad of issues that are confronting the university at this unprecedented time.  We hope that this guidance on staffing is final and complete at this time, and at least will provide a clear direction through June 30, 2020.
 
As a follow on to the April 2, 2020, job protection letter from President Napolitano and the ten Chancellors, I write to provide additional job protection details and information on the three COVID-19 related leave options.  

This information below is based on details provided by the UC Office of the President. 
 
JOB PROTECTION
1.       The UC job protection provision applies to all policy-covered and represented career staff employees and results in no COVID-19 related layoffs through the fiscal year ending on June 30, 2020.
Note:  The UC job protection does not apply to Casual/Restricted, Contract, Floater, Limited, or Per Diem employees. 
2.       Employees with appointments or employment contracts that expire before June 30 will be subject to the current terms and conditions of their appointments or employment contracts.
3.       Employees on research contracts or grants will be subject to the current terms and conditions of their appointments or employment contracts if the contract or grant funding expires or is depleted before June 30, 2020.
4.       There may be reductions in hours, and in some cases staff, as a part of the University’s typical career employee summer staffing and clinical workforce adjustments. For example, if an employee’s work hours or pay are typically seasonally adjusted before June 30, 2020, those adjustments will still occur.
5.       Academic appointees should refer to the UCOP Academic Personnel & Programs Guidance Regarding COVID-19 Related Leaves and Job Protections.
 
COVID-19 RELATED PAID LEAVES
1.       Employees are expected to work to the fullest extent they can, whether working on-site or remotely in healthcare or other critical and essential operations.
Note:   If employees are unable to work, either because of illness or the need to care for others, they should talk with their supervisor for information regarding appropriate leave options.
2.       Standard leave options may include sick leave, vacation leave, and Family and Medical Leave (FMLA/CFRA), and depending upon the circumstances, an employee may qualify for special COVID-19 leaves.
3.       COVID-19 related leaves include:
a.       UC Expanded Paid Administrative Leave – Up to 128 hours (prorated by appointment percentage)
           i.      Exempt employees must track their time in full-day increments
           ii.      Non-exempt employees may track their time in hourly (or even 15 minute) increments
b.       FFCRA Emergency Paid Sick Leave (EPSL) – A new option from the Federal CARES legislation: Up to 80 hours (two-week equivalent for part-time employees)
           i.      Exempt employees must track their time in full-day increments
           ii.      Non-exempt employees may track their time in hourly (or even 15 minute) increments
c.       FFCRA Expanded Family and Medical Leave (EFML) – Up to 12 workweeks (first two weeks unpaid unless other available paid leaves are used) - A new option from the Federal CARES legislation.
            i.      Health care workers and emergency responders are not eligible for EFML
d.       Information on how to track the new leaves from the Federal CARES legislation in TARS is forthcoming
4.       For the most part, employees can choose the order in which they use UC Expanded Paid Administrative Leave, EPSL, EFML, and any other paid leave accruals.
5.       A current career staff employee not able to work remotely and not able to be assigned any specific duties on campus may be eligible for pay continuation through June 30, 2020, if they satisfy all of the necessary requirements listed below:
a.       The employee must not be able to work on site or remotely in any capacity, as verified by their supervisor; and
b.       The employee must have used all of the COVID-19-related paid leave options that may have been available to them (i.e., UC Expanded Paid Administrative Leave, EPSL, and EFML); and
c.       The employee has used 40 hours of their accrued vacation leave and/or similar leave accruals, such as PTO or CTO, but not accrued sick leave. If the employee has fewer than 40 hours remaining of such leave accruals, the employee must exhaust their remaining leave accruals.
d.       If a, b, and c above are satisfied, pay continuation through June 30, 2020, occurs. 

RESOURCES
·        Information on the University of California Leave Obligations under the Families First Coronavirus Response Act (FFCRA).
·        Forward any questions or concerns to your supervisor.