Sick Leave Accrued (formerly Sick Leave) (CA)

The Sick Leave Accrued policy is designed to provide position and salary continuation in the event of illness or injury. This policy applies to regular full-time, regular part-time and limited service staff members.

612.1 Accrual

Staff members accrue sick leave in accordance with the following:

EXEMPT MONTHLY-PAID STAFF
Sick Leave Monthly Accrual in Hours*
Monthly Accrual in Hours	Equal to Days	Maximum Annual Accrual in Hours	Equal to Days
8	1	192	24
*Although exempt monthly-paid staff are paid on a salary basis, sick leave accrues as service is performed. and is used in hourly increments. For purposes of sick leave accrual and usage, full-time exempt monthly-paid staff are treated as working 40 hours per week (8 hours per day/5 days per week). This is for tracking purposes only and is not intended to reflect actual hours worked.

NON-EXEMPT WEEKLY-PAID STAFF
Sick Leave Monthly Accrual in Hours
Weekly Scheduled Hours	Daily Scheduled Hours	Monthly Accrual in Hours	Equal to Days	Maximum Annual Accrual in Hours	Equal to Days
40	8	8	1	192	24
37.5	7.5	7.5		180
35	7	7		168

Sick leave is accrued as work is performed, with each staff member’s sick leave bank updated each pay period. Sick leave is available for use by the staff member in whole, one-hour increments, as soon as it is accrued.

A staff member may not have a balance at any time that exceeds the maximum accrual. If a staff member’s balance is at the maximum, the staff member will not accrue any additional sick leave until the staff member’s sick leave balance has been reduced through usage. Hours will not be retroactively accrued and credited to the staff member’s sick leave balance.

612.2 NOTIFICATION

A staff member or their designee should notify their supervisor as soon as they know that they will be unable to work, but no later than the start of the staff member’s scheduled work day. A staff member must notify their supervisor on each day of absence unless other arrangements have been made or the sick leave is being used under an approved Family and Medical Leave (Policy 631). Failure to provide proper notice may result in disciplinary action.

612.3 USAGE

Exempt monthly-paid staff members may take sick leave in either full-day (i.e., eight (8) hour) or half-day (i.e., four (4) hour) increments. Non-exempt weekly-paid staff members may take sick leave in 15-minute increments.

All sick leave requests must be entered into Workday as soon as possible. After the staff member enters the request into Workday, Workday automatically routes the request to the next level of approval(s). If the staff member is unable to do so, their supervisor may enter the sick leave request into Workday on behalf of the staff member.

Accrued sick leave may be used for the following reasons:

Medical diagnosis, care, treatment, or preventive medical care of the staff member’s own physical or mental illness, injury, or health condition; or
Medical diagnosis, care, treatment, or preventive medical care of a family member’s* physical or mental illness, injury, or health condition; or
Absences necessary due to domestic abuse, sexual assault, or stalking provided the leave is to allow the staff member or a member of the staff member’s family to obtain:
- Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;
- Services from a victim services organization;
- Psychological or other counseling;
  Relocation due to domestic or sexual violence or stalking; or
- Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic or sexual violence or stalking.
- Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic or sexual violence or stalking.

California employees may use accrued sick leave for the following purposes:

Diagnosis, care, or treatment of an existing health condition of, or preventive care for, a staff member or a staff member’s family* member; or

For a staff member who is a victim of domestic violence, sexual assault, or stalking:
- To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
- To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
- To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
- To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
A staff member may take up to five days of earned but unused sick leave for bone marrow donation and up to two weeks of earned but unused sick leave for organ donation. Staff members who works in San Francisco may also take Sick Leave to assist a family member to donate bone marrow or an organ to another person.

Sick leave of up to at least twelve (12)days per year may be used for a member of the staff member’s family for the reasons outlined above . San Francisco employees may use all accrued sick leave for a member of the staff’s family for the reasons outlined above.

Staff members are encouraged but not required to communicate with their supervisors about anticipated use of sick time for health care appointments.

Staff members using sick leave for absences due to domestic abuse, sexual assault or stalking for themselves or a family member are required to submit appropriate documentation as outlined in the University’s Domestic or Sexual Violence Policy, or as otherwise deemed appropriate.

*For purposes of this policy, family member is defined as:

Biological, adopted or foster child, stepchild or legal ward or a child to whom the staff member stands in loco parentis;
Biological, foster, stepparent or adoptive parent or legal guardian of the staff member or a staff member’s spouse or a person who stood in loco parentis when the staff member was a minor child;
Spouse;
Grandparent or spouse of a grandparent;
Grandchild;
Biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling; or
Life Partner (as defined in section 9-1102 of the Philadelphia Code).

For California employees, the following definitions of “family member” apply:

A child, regardless of age or dependency status of the staff member or the staff member’s spouse or registered domestic partner (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the staff member stands in loco parentis); or

A parent of the staff member (biological, adoptive, or foster parent, stepparent, or legal guardian of a staff member or the staff member’s spouse or registered domestic partner, or a person who stood in loco parentis when the staff member/spouse/domestic partner was a minor child); or

A spouse or registered domestic partner of the staff member; or

A grandparent of the staff member (biological, adopted, foster or step); or

A grandchild of the staff member (biological, adopted, foster or step); or

A sibling of the staff member (biological, adopted, foster or step); or

A designated person.

For purposes of this policy a “designated person” means a person identified by the employee at the time the employee requests paid sick and safe time. Employees may identify one “designated person” per 12-month period.

Sick leave is provided for the reasons stated in this policy and may not be used for other purposes. Sick leave may not be taken prior to accrual.

Sick leave benefits used intermittently or for three (3) days or more due to a serious health condition shall run concurrently with Family and Medical Leave (FML) Policy 631 and/or the California Family Rights Act (CFRA), if applicable.

When a staff member has been out on sick leave for more than three (3) consecutive work days, they may be required to submit documentation from the treating physician or health care provider certifying the medical necessity for the absence and the expected date of return to work. If the staff member already has provided a certification and application for FML/CFRA leave covering the same period, this shall suffice. Additionally, when a staff member has been out on sick leave for more than three (3) consecutive work days, they enter a leave of absence (FMLA/CFRA) request into Workday. If the staff member is unable to do so, their supervisor may enter the leave request into Workday on behalf of the staff member. Refer to Family and Medical Leave Act (FMLA) – Policy 631 and to the California Family Rights Act policy.

Staff members using sick leave are prohibited from working either in the workplace or at any other location, including the employee’s home, whether for the University or otherwise.

The University reserves the right to require that the staff member submits to independent examinations by a health care provider of the University’s choosing for continuation of payments under this policy.

Rate of Pay for Sick and Safe Time

For nonexempt employees, pay for sick and safe time is calculated in the same manner as the employee’s regular rate of pay for the workweek in which the employee uses sick and safe time, regardless of whether the employee works overtime in that workweek. For exempt employees, payment for sick and safe time is calculated in the same manner as wages are calculated for other forms of paid leave time.

612.4 Part-Time And Limited Service Staff Members

Regular part-time staff members accrue sick leave on a prorated basis, based on the percentage of a full-time schedule worked.

Limited service staff members accrue sick leave only for the months that they are working at Penn.

612.5 Position/Salary Continuation

A staff member who properly uses the provisions of this policy is entitled to return to a similar or equivalent position without reduction in salary or loss of service credit. However, if a staff member has exhausted all available sick leave and PTO, their employment may be subject to termination unless they qualify for and receives short-term disability, Family Medical Leave/leave under the California Family Rights Act, a leave of absence without pay, and/or a leave as an accommodation under the Americans with Disabilities Act/Pregnant Workers Fairness Act. Note that a leave of absence without pay is subject to the approval of the individual’s department in consultation with Human Resources, if a staff member is not eligible for or has exhausted their FML/CFRA/STD benefits.

Normally staff members returning from medical leave will be reinstated to the same or an equivalent position, with equivalent pay, benefits and other terms and conditions of employment. Failure to return to work once all paid leave and unpaid FML/CFRA leave have been exhausted may result in termination of employment. However, at times, departments, schools and/or centers may restructure due to changing business and operational needs and the need to continually enhance programs and services. These restructuring initiatives may result in position discontinuations, even positions held by staff members out on FML or other types of leaves. If a staff member on FML/CFRA has their position discontinued, they will be given at least 30 days written notice of the position discontinuation and will be informed of any applicable benefits that they may be eligible to receive under the Position Discontinuation and Staff Transition Program (Policy 628).

612.6 Sick Leave Credit

Staff members who are eligible for up-front sick leave (see Policy 613) and who transfer or are reclassified to positions that are eligible for accrued sick leave under this policy will carry forward their unused up-front sick leave, up to 176 hours. Staff members will accrue sick leave in accordance with this policy and will be subject to the short-term disability provisions outlined in Policy 404 – Short-Term Disability (STD).

Accrued but unused sick leave is not paid out upon voluntary or involuntary separation from employment.

Staff members who are rehired by the University within twelve months following voluntary or involuntary separation from employment will have any accrued but unused Sick leave reinstated, and the staff member shall be entitled to use such accrued Sick leave at any time after such rehire.

612.7 University Staff Who Are Covered By Collective Bargaining Agreements

University staff members who are covered by collective bargaining agreements should refer to the appropriate contract article.