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Leaves of Absence
We understand that "life happens" and employees may need to take time off work. Human Resources is here to assist you! Use the arrows to the right of each topic below to view more detailed information to help you plan your leave of absence.
This process should be used for time off related to a FMLA/CFRA/PDL qualifying reason(i.e. birth, placement, own illness, family illness, etc.) and any unpaid leaves that exceed 2 weeks for any reason. For extended time off that is not related to a qualifying reason and results in less than 2 weeks of unpaid time should go through departments' regular time off request process.
Leave of Absence Requests are submitted via eWay.
The link to the Leave of Absence Request can be found in the “Time and Attendance” section under “Employee Quick Links” or Main Menu->Self Service->Leave of Absence Request. Simply, click the “Leave of Absence Request” link to get started.
If possible, please have any medical certification and/or leave schedule saved to your computer and available to upload during the submission process. If not, please upload as soon as possible after submitting your request. See Document Upload Guide for instructions.
Please refer to the following guides to assist you in navigating the new process:
GUIDES(for employees/supervisor)
- Employee Guide: Leave of Absence Request in eWay
- Document Upload in eWay
- Leave of Absence Frequently Asked Questions
- Changing or Extending a Leave of Absence Request in eWay
- Supervisor/Reviewer Guide
GUIDES(FOR department LIAISONS)
- Department Liaison Guide
- eWay Workflow Overview
- Department Discussion Guide
- Pre-Launch Presentation and Recording (password: yp3%7K.r )
FORMS
The forms below may be submitted via Document Upload in eWay or sent to HRBenefits@sanjoseca.gov
- Leave of Absence Medical Certification
- Leave Schedule
- VOYA Deferred Compensation Loan Leave of Absence Request
Planning Tools
- Use of Accruals by Extended Leave Reference Chart
- Beta Testing: "Smart" Leave Schedule Tool
For more complicated or lengthy leaves, the following timecard forecasting tool may be helpful. Please note there is a version for employee self-service or for department/HR use. If this tool is used, the last page may be saved as a PDF and submitted as the "Leave Schedule".
"Smart" Leave Schedule Tool- use to forecast earned and used paid leave balances leading up to and through your extended leave. (For Employee Use)
"Smart" Leave Schedule Tool- use to forecast earned and used paid leave balances leading up to and through extended leave. (For Department/HR Use) - Review the "Where do I start" by leave types for step by step guidance on the main LOA web page.
Please email the team at HRBenefits@sanjoseca.gov with questions, suggestions, or concerns.
STEP 1: Notify your Supervisor/HR Liaison/Timekeeper of your need to take a Leave of Absence and submit a Leave of Absence Request via eWay. Review the employee guide for detailed instructions.
If you are taking time off due to pregnancy, work with your doctor to determine your disability start date; generally, 4 weeks prior to expected due date and 6-8 weeks post-partum (6 weeks for natural and 8 weeks for cesarian) but may be longer based on individual medical circumstances. When submitting your Leave of Absence Request, you will be prompted to upload a Leave of Absence Medical Certification or doctor’s note. Your doctor’s note should indicate disability start date or 1st day off work.
The amount of bonding you request is up to you and you can use that all at once immediately following the birth or use in 2-week increments* within 12 months of the birth, adoption, or placement. If you have worked for the City for at least 1 year, worked 1250 or more hours in the past year, and have not used any protected leave time in the past 12 months, you may be entitled to up to 12 work weeks or 480 hours of bonding time.
*On 2 occasions, the increments can be less than 2 weeks.
STEP 2: Prior to or immediately following submitting the Leave of Absence Request, download and complete your Leave Schedule. Refer to the Use of Accruals by Extended Leave Reference Chart to determine what paid leave you are required to/allowed to use while on leave and complete the Leave Schedule. You must submit the Leave Schedule to your department HR, timekeeping, and/or supervisor prior to your leave. This will help to ensure your timecard is completed bi-weekly according to City policy.
STEP 3: If you’re eligible for Paid Parental Leave you can receive City paid time off and use up to 120 hours of your available Sick Leave for the purpose of bonding with your newborn child. You must submit documentation that shows the date of birth/placement and parent(s) name. Amount of City-paid leave is dependent on your union.
Note: IAFF, OE3, and IBEW take effect pending final MOU agreements effective July 1, 2024.
STEP 4: If you are taking time due to your own pregnancy and enrolled in a Long-Term Disability Plan you can file a claim for LTD benefits. Unless there are other medical diagnosis, condition, or treatments that Standard agrees to be deemed “disabled”, pregnant employees are deemed disabled 28 days before the expected due date. Once you know what date you will begin missing work due to your disability, call Standard Insurance toll free at (855) 579-1879 to file a claim over the phone It is important for you to update Standard on changes to the estimated and report the actual date of birth and type(natural or C-section) in order for your claim to be paid properly.
STEP 5: If you require a parking accommodation, you can request one through Office of Employee Relations on-line form. You will be asked to log-in using your City network credentials. Parking accommodations are generally granted in the 3rd trimester of pregnancy.
STEP 6: If you wish to add your newborn child as dependent to be covered under your City benefits, login to eWay to make the benefit election changes within 30 days of the qualifying life event. By clicking “Life Events” under the Benefit Quick links on the homepage. Required proof of event and dependents must be uploaded in eWay or provided within 60 days. Once your life event changes are submitted, please be sure to review the Life Event Checklist to review and/or update other areas in eWay that may be impacted by your life event.
STEP 7: Make sure to notify your Supervisor, HR Liaison, or Timekeeper of any changes to your leave dates or Leave Schedule. Changes and/or extensions can be made by creating of copy of the original leave of absence request and re-submitting with changes. Refer to the employee guide for detailed instructions.
STEP 8: Upon return to work, log into eWay to submit return from leave date and contact HRBenefits@sanjoseca.gov if you chose to allow any benefits to lapse while on leave. If applicable, refer to the CPM 1.3.6 Lactation Accommodation Policy for questions regarding reasonable breaktime and use of rooms to express milk.
Please view the PDF Version of the steps above as needed.
STEP 1: Notify your Supervisor/HR Liaison/Timekeeper of your need to take a Leave of Absence and submit a Leave of Absence Request via eWay. Review the employee guide for detailed instructions.
When submitting your Leave of Absence Request, you will be prompted to upload a Leave of Absence Medical Certification or doctor’s note. Your doctor’s note should indicate disability start date or 1st day off work. If you have worked for the City for at least 1 year, worked 1250 or more hours in the past year, and have not used any protected leave time in the past 12 months, you may be entitled to up to 12 work weeks or 480 hours of protected time off. You can use that continuously or intermittently, based on the required time off outlined in your doctor’s note/medical certification.
STEP 2: Prior to or immediately following submitting the Leave of Absence Request, download and complete your Leave Schedule. Refer to the Use of Accruals by Extended Leave Reference Chart to determine what paid leave you are required to/allowed to use while on leave and complete the Leave Schedule. You must submit the Leave Schedule to your department HR, timekeeping, and/or supervisor prior to your leave. This will help to ensure your timecard is completed bi-weekly according to City policy.
STEP 3: If you are enrolled in a Long-Term Disability Plan, you can file a claim for LTD benefits once you know the first day you will miss work due to your injury/illness. Call Standard Insurance toll free at (855) 579-1879 to file a claim over the phone, or online at: www.standard.com, and click on “File a Claim”, then “Insurance Benefits Through Work”. If you are not sure if you have LTD, review your employee deductions on your paystub to confirm.
STEP 4: Make sure to notify your Supervisor, HR Liaison, or Timekeeper of any changes to your leave dates or Leave Schedule. Changes and/or extensions can be made by creating of copy of the original leave of absence request and re-submitting with changes. Refer to the employee guide for detailed instructions.
STEP 5: Upon return to work, log into eWay to submit return from leave date and contact HRBenefits@sanjoseca.gov if you chose to allow any benefits to lapse while on leave.
Please view the PDF Version of the steps above as needed.
STEP 1: Notify your Supervisor/HR Liaison/Timekeeper of your need to take a Leave of Absence and submit a Leave of Absence Request via eWay. Review the employee guide for detailed instructions.
When submitting your Leave of Absence Request, you will be prompted to upload a Leave of Absence Medical Certification or doctor’s note. Your doctor’s note should indicate your family member’s disability start date or 1st day you are required to be off work to care for your ill/injured family member. If you have worked for the City for at least 1 year, worked 1250 or more hours in the past year, and have not used any protected leave time in the past 12 months, you may be entitled to up to 12 work weeks or 480 hours of time off. You can use that continuously or intermittently, based on the required time off outlined in the doctor’s note/medical certification.
STEP 2: Prior to or immediately following submitting the Leave of Absence Request, download and complete your Leave Schedule. Refer to the Use of Accruals by Extended Leave Reference Chart to determine what paid leave you are required to/allowed to use while on leave and complete the Leave Schedule. You must submit the Leave Schedule to your department HR, timekeeping, and/or supervisor prior to your leave. This will help to ensure your timecard is completed bi-weekly according to City policy.
STEP 3: Make sure to notify your Supervisor, HR Liaison, or Timekeeper of any changes to your leave dates or Leave Schedule. Changes and/or extensions can be made by creating of copy of the original leave of absence request and re-submitting with changes. Refer to the employee guide for detailed instructions.
Please view the PDF Version of the steps above as needed.
In most cases, employees apply for a leave of absence to protect their job and benefits. The City is not required to pay employees while on leave. Employees may receive wage replacement in the following ways based on reason for leave and Long-Term Disability enrollment.
Please review the information below and submit your Leave Schedule to your department timekeeping/HR team to ensure your time is recorded and you are paid while on leave.
Use of Paid Leave Accruals:
The use of paid leave is outlined within City Policy 4.2.1, Leaves of Absence. The ability and requirements to use you paid leave is outlined in the Use of Accruals by Extended Leave Reference Chart chart below.
Paid Parental Leave Program
Eligible employees can receive City-paid time off AND use up to 120 hours of their available sick leave for the purpose of bonding with the employee’s or employee’s spouse/domestic partners new child (birth, adoption, or foster care placement). City-Paid Parental Leave and the use of available sick leave balances for City-Paid Parental Leave reasons must be used and completed no later than 12 months from the birth or placement of a child and employees are eligible to use each component once per event/child. Employees MUST submit a Leave of Absence Request via eWay to utilize the program.
City Paid Parental Leave Program Frequently Asked Questions
City Paid Parental Leave Program Overview
Note: IAFF, OE3, and IBEW take effect pending final MOU agreements effective July 1, 2024.
Long Term Disability
Employee who have Long-Term Disability(LTD) Insurance through Standard Insurance may be eligible for wage replacement for leave taken for their own injury/illness, including periods of disability related to childbirth. Wage replacement begins after the employee has been continuously disabled for the applicable waiting period. Employee should review their paystub, under "employee deductions", to see if you have LTD Insurance and whether you are enrolled in the 30-day waiting period or 60-day waiting period plan. Once your claim is approved and you've me the waiting period requirement, Standard Insurance will issue payments to you directly, representing 66.66% of your pre-disability earnings. Note: There are no deductions or taxes taken from the LTD payments. Employees most often go unpaid during their period of disability and are billed directly by Human Resources for any benefit deductions that are owed while on unpaid leave.
Group #: 282971
Phone: (855) 579-1879
Website: www.standard.com
Long Term Disability FAQ
Long Term Disability Maternity Leave FAQ
The City and employees do not contribute to State Disability Insurance(SDI); LTD coverage is in lieu of SDI and is 100% employee paid. For more information, please visit the LTD webpage.
Time Donation programs
When the employee exhausts all paid leave due to non-work related prolonged or catastrophic medical condition or for family member's(PITD only), other employees may donate a portion of their own earned vacation and/or comp time to a coworker who may be experience a financial loss from unpaid leave.
Catastrophic Illness Time Donation(CITD): Can be used for absences related to an employee's own OR a employee's family member's catastrophic injury or illness.
Personal Injury/Illness Time Donation(PITD): Used for an employee's own injury/illness after initial absence of 30 or more days.
For more information, please review the Time Donation Program Policy 4.2.10 and speak to your supervisor or department human resources.
Worker's Compensation (Work Related Injury/Illness)
Please be advised that your injury constitutes a serious health condition under the Family Medical Leave Act (FMLA). The time spent on temporary disability will also be designated as FMLA leave.
If you're temporarily disabled by a job injury or illness, you'll receive benefits until you are able to return to work. Tax-free temporary disability payments are two-thirds of your average weekly pay, up to a maximum set by state law. Payments are not made for the first three days you are disabled unless you are hospitalized as an inpatient or unable to work for more than 14 days.
City policy requires that payroll be integrated with Worker's Compensation. Please work with your department timekeeper to understand what paid leave will be used while on leave for a work related injury/illness.
Chapter 4.2 - Attendance and Leave
- 4.2.1 - Leaves of Absence
- 4.2.2 - Military Leave
- 4.2.3 - Administrative Leave
- 4.2.4 - Executive Leave and Absence
- 4.2.5 - Bereavement Leave
- 4.2.6 - Sick Leave
- 4.2.7 - City-Paid Parental Leave
- 4.2.9 - Extended Absence Prior to Retirement or Voluntary Separation
- 4.2.10 - Time Donation Programs
- 4.2.17 - Reproductive Loss Leave
FEDERAL AND STATE REGULATORY LINKS
Family Medical Leave Act (FMLA)
California Family Rights Act (CFRA)
Pregnancy Disability Leave (PDL)
Employee Rights and Responsibilities under FMLA
City employees who require time off to serve in one of the Military's branches should review the documents below and submit a Leave Application with your orders to HRBenefits@sanjoseca.gov
Q&A on Military Leave
Military Reconciliation Table
Your Rights Under USERRA
DFAS Authorization to Release Information
Leave of Absence Application
Employees who require extended leave for unprotected reasons, such as vacation or lobbying, will be required to complete a Leave of Absence Application if the absence is greater than 2 weeks and unpaid. If the absence is for a reason covered by State or Federal regulations, an application is required for absences 2 weeks or more.
Please contact us for further information or assistance.
Human Resources - Benefits Division
Phone 408-535-1285 | Fax 408-999-0862 | HRBenefits@sanjoseca.gov