PM 15-8 Paid Time Off for Non-Benefit Based Employees
Date: February 1, 2024
Approved by: Julia M. McCallin, Associate Vice President for Human Resources and Chief Human Resources Officer (CHRO)
(This supersedes Memo No. 15-8, dated 6/17/2022)
1.0 General Information
The Institute provides paid time off for sick leave to non-benefit based employees consistent with legal requirements. The Institute Personnel Memoranda, Other Leaves of Absence, Military Leaves, Employee Medical and Family Care Leaves, provide information about other types of leaves, some of which are paid.
2.0 Eligibility
Paid time off for sick leave as described in this policy applies to all non-benefit-based employees.
3.0 Sick Leave
3.1
The Institute provides sick leave for eligible employees to use during absence from work due to their own illness or injury or exposure to contagious diseases, or to care for family members, Authorized use is described in section 3.3 below.
3.2 Sick Leave Accrual
Staff on Bi-Weekly Payroll
Eligible employees will begin accruing sick leave upon their first day of employment. Sick leave will accrue at the rate of eight (8) hours per month for employees on a forty (40) hour a week work schedule and at a proportionate rate for employees on a work schedule of less than forty (40) hours per week provided that the employee will not earn less than 4 hours per month.
Accrual maximum: 80 hours
Sick leave will not accrue during the unpaid portion of a leave of absence from the Institute.
An employee cannot take sick leave in advance of accrual nor leave without pay when sick leave accruals are available
3.3
The use of sick leave is authorized in the following situations: When an employee requires time off from work for: diagnosis, care, or treatment of an employee's existing health condition; preventive care; when an employee has been exposed to a contagious disease which may endanger the health of others; Organ Donor Leave or Bone Marrow Donation. In addition, sick leave may be used by an employee who is a victim of domestic violence, sexual assault, or stalking, the following purposes:
(1) To seek medical attention for injuries caused by crime or abuse.
(2) 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.
(3) To obtain psychological counseling or mental health services related to an experience of crime or abuse.
(4) To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
(5) For judicial proceedings when the employee or their family member is a victim of, or witness to, a crime.
A written statement from a health care provider may be requested by the Institute to verify the employee's need to miss work or to confirm a release to return to work. In cases where the employee is off work for a period of five (5) or more workdays, or has a need for intermittent periodic absences, a statement from a health care provider will be required and the formal leave process will begin. Additional information is in the Employee Medical and Family Care Leaves Personnel Memorandum.
To adhere to state and/or federal regulations, all medical documentation should be forwarded to Human Resources and not retained in department files.
Sick leave may be charged when a campus overtime eligible employee or an hourly/overtime eligible employee at JPL takes a full or partial day absence for a medical or dental appointment. Exempt employees at Campus and weekly employees at JPL do not record partial day absences except while on leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
Sick leave may also be used to care for a family member who is ill or needs medical diagnosis, treatment or preventative care. A family member includes the employee's spouse, domestic partner, sibling, child (including any child of a registered domestic partner), parent, parent in-law, grandparent, grandchild or designated person*. Campus and JPL employees on the bi-weekly payroll may use accrued sick leave. Campus monthly employees are entitled to use half of their annual sick leave amount.
When an employee on the bi-weekly payroll qualifies for a family care leave under the Family Medical Leave Act/California Family Rights Act (FMLA/CFRA), the employee may use accrued sick leave.
The definition of family member under FMLA is limited to dependent children, employee's spouse, or parent. CFRA includes those defined under FMLA plus adult children and children of a registered domestic partner, registered domestic partner, siblings, parent in-law, grandparent, grandchild or designated person*.
Sick leave may be integrated with state disability insurance benefits, paid family leave benefits, short term disability or workers' compensation benefits to a combined amount of no more than the employee's weekly gross pay and to the extent allowed by law.
*Allowed once each rolling 12-month period
3.4
An employee retains their sick leave balance when transferring within the Institute, including between Campus and JPL.
3.5
An employee's sick leave balance is not payable when an employee changes status from non-benefit-based to benefit based, or upon termination.
3.6 Reporting Sick Time
An employee is responsible for reporting their sick leave absence to their manager or their designee before the start of their scheduled work shift or as soon as possible. When reporting the absence, the employee must distinguish whether absence is for themself, or that of a family member or designated person.
Employees are responsible for accurately recording sick time taken.
3.7 Payment Basis
Payment for sick leave will be based on the employee's regular rate of pay in effect at the time of sick leave usage. Pay will include any shift premium or allowances in effect at the time the leave is taken. Payment is based on the regularly scheduled number of hours per week, unless otherwise provided for in other Institute policies. Combined work time and paid sick leave cannot exceed the employee's regular daily schedule of hours, unless otherwise provided for under Institute policy. Paid sick leave cannot exceed an employee's regularly scheduled hours for any one (1) week or workday. For example, if an employee is scheduled to work ten (10) hours per week, sick leave usage will not exceed ten (10) hours per week or if an employee is scheduled to work six (6) hours per day, sick leave usage will not exceed six (6) hours in a day.
3.8 Termination and Unused Sick Leave
Unused sick leave will not be paid to the employee at the time of termination.
The sick leave balance for a former Institute employee, who completed the introductory period and is re-employed within twelve (12) months of their voluntary termination date will be restored to the balance at the time of termination. The sick leave balance for a former Institute employee who is laid off and re-employed within twenty-four (24) months will be restored to the balance at the time of termination.
4.0 Exceptions
Any exception to this Personnel Memorandum requires the approval of the Associate Vice President for Human Resources or designee for campus employees, or of the Director for Human Resources at JPL or designee for JPL employees.