AVSTA CSEA-CONTRACT-April 12, 2023

ARTICLE XIII

FAMILY CARE AND MEDICAL LEAVE

13. 0 Family Care and Medical Leave will be provided to eligible employees pursuant to, and as provided by, the Family Medical Leave Act and the California Family Rights Act. Currently, eligible employees are defined as an Agency employee with twelve (12) months of paid service and who has worked at least 1,250 hours with the Agency during the previous twelve (12) months.

13. 0.1 Except as set forth in this Article, Family Care and Medical Leave is an unpaid leave of absence.

13.0.2 Family Care and Medical Leave does not constitute a break in service for purposes of longevity, seniority or any employee benefit plan, and the employee remains in regular employee status with the Agency.

13. 1

An employee may request unpaid Family Care and Medical Leave for:

13. 1.1 The birth of a child of the employee, or the placement with the employee of a child in connection with adoption or foster care;

13. 1.2 The care of the employee's child, spouse, or parent who has a serious health condition; or

13.1.3 The employee's own serious health condition that makes the employee unable to perform the functions of the position held by the employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions.

13. 2 Family Care and Medical Leave taken under this Article may not exceed a total of twelve (12) workweeks within a 12-month period.

13. 2.1 The entitlement of leave for the birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement.

13.2.2 The entitlement to leave for a serious health condition shall expire at the end of the 12-month period beginning on the initial date of discovery or diagnosis of the serious health condition, whichever occurs first. 13. 3 An employee who requests leave to care for a child, spouse, or parent who has a serious health condition shall submit with the employee's Request for Leave, a certificate from the health care provider of the individual requiring care, certifying the individual's serious health condition. 13. 3.1 The certificate described in 13.3 shall verify the date on which the serious health condition commenced and the probable duration of the condition, and shall estimate the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. The certificate also shall contain a statement that the affected individual's condition warrants the participation of a family member to provide care. 13. 3.2 If additional leave time is needed after the time estimated by the health care provider in Section 13.3.1 expires, the employee shall provide recertification in the same manner specified in Section 13.3.1 above. 13. 4 An employee who requests leave for the employee's own serious health condition shall submit with the Employee's Request for Leave, a certificate from the employee's health care provider certifying the employee's serious health condition and need for leave. 13. 4.1 The certificate described in Section 13.4 shall verify the date on which the serious health condition commenced and the probable duration of the condition, and shall contain a statement that the employee is or will be unable to perform the functions of the employee's position due to the serious health condition.

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