2122 - Leave of Absence

Category

Leave

Audience List

• Labor Relations Officers
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This policy:

• Defines an unpaid leave of absence.
• Provides guidance for unpaid leave of absence requests for extensions beyond one year.
• Discusses the various types of unpaid leaves of absence.

Introduction

A Leave of Absence (LOA) without pay is a temporary separation while an employee is away from their job and maintains a mandatory right of return to their position. An unpaid LOA may be up to one year, however, an extension to an unpaid LOA may be granted by provisions of the employee’s Memorandum of Understanding (MOU) or by the appointing power with approval from the California Department of Human Resources (CalHR), whichever is applicable. 

Statement

The information below provides general guidance on an unpaid LOA. For represented employees, refer to the applicable MOU. In instances where the MOU differs from any of the information below, the MOU controls.

Unpaid LOA Duration and Requests for Extension 

Government Code section 19991.1 provides that an appointing power may grant an unpaid LOA for a period not to exceed one year, subject to CalHR rules.

For excluded employees, extensions to an unpaid LOA may be granted to the appointing power subject to approval from CalHR, Personnel Services Branch. Approval of an extension must be done prior to the expiration date of the original one-year leave.

Per Government Code section 19143, employees who temporarily separate, such as those on an unpaid LOA, shall be reinstated to their former position upon expiration of the unpaid LOA.

Unpaid LOA Eligibility

The appointing power may grant an unpaid LOA to: 

• Any employee for a period not to exceed 30 calendar days;
• Any employee who has permanent status without a break in state service due to permanent separation;
• A probationer who has completed six months of service in a class having a longer probationary period; or
• A probationer who was prevented from completing the probationary period because of entry into the United States military service.

An unpaid LOA shall not be granted to:

• An employee who is accepting another position in the state service;
• An employee who is accepting employment outside of the state service; or
• An employee who does not intend to nor can reasonably be expected to return to state service on or before the expiration of the leave.

Unpaid LOA Types

An unpaid LOA may be granted for the following reasons:

• To attend school or college, or to enter training, to improve the quality of an employee's service;
• Temporary incapacity due to illness or injury;
• Loaned to another governmental agency for performance of a specific assignment;
• To seek or accept other employment during a layoff situation or to lessen the impact of an impending layoff;
• For family matters pursuant to Government Code section 19991.6; or 
• For some other reason, equally satisfactory, as determined by the appointing power.

Unpaid LOA: Pregnancy and Parental Leave of Absence

Pursuant to Government Code section 19991.6, an appointing power shall grant a permanent employee’s request for an unpaid LOA for their pregnancy, childbirth, or recovery from childbirth for a period determined by the employee not to exceed one year. Once the employee has specified the duration of the requested leave, any changes to that period require approval by the appointing power. 

Additionally, for employees excluded from bargaining:  

• Requests for an unpaid LOA shall be granted to a spouse or a parent who is a permanent employee, to care for their newborn child, 
• Requests for an unpaid LOA may be granted to a permanent employee for the adoption of a child.

For represented employees, refer to the applicable MOU to determine if the same provisions apply. 

Application

Some MOU provisions provide for exceptions that may extend beyond one-year. In addition, those provisions also provide LOA durations delegated at the departmental level. In all instances, refer to the appropriate MOU on the correct application of the LOA. 

If the MOU is silent, CalHR’s approval is required for all unpaid LOA extension requests for excluded employees beyond one year. Requests must be submitted in writing to CalHR’s Personnel Services Branch at psb@calhr.ca.gov at least 15 business days prior to the expiration of the initial one-year LOA. Departments are responsible for tracking and requesting approvals for any LOAs that are beyond one year.

The following information is required from departments to request an extension of an unpaid LOA beyond one year:

• Employee Name
• Collective Bargaining Identification (CBID) 
• Initial date LOA commenced 
• Requested extension duration and date
• LOA Extension justification 

CalHR will respond to all requests in writing within ten (10) business days. If the request is approved, a new unpaid LOA expiration date will be identified. If the request is denied, CalHR will explain the reason(s) for the denial and will work with the department to determine whether reconsideration is warranted.

Authorities

• Bargaining Contracts - MOUs
• California Code of Regulations, title 2, section 446
• California Code of Regulations, title 2, section 599.781
• California Code of Regulations, title 2, section 599.877
• Government Code section 19143
• Government Code section 19991.1
• Government Code section 19991.6
• Government Code section 3513

Resources

Authorized By

Melissa Russell
Chief
Personnel Management Division

Contact Person

Personnel Services Branch
Personnel Program Consultant , Personnel Services Branch
Phone: 916-909-3702
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

History

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