Sick Leave Accrual Rate
All Research Foundation benefit-eligible employees will accrue paid sick leave. Accruals shall begin on the first day of employment. Effective July 1, 2015, all part-time, (other than additional employment employees) temporary, seasonal, and student employees will accrue paid sick leave. Accruals will begin on the first day of employment or July 1, 2015, whichever is later.
Non-exempt employees will accrue .0462 hours for each hour worked.
Sick leave for full-time exempt employees working 40 hours a week is accrued at the rate of four (4) hours each pay period. Exempt employees employed on less than a full-time basis (100% FTE), will accrue sick leave on a prorated basis calculated by multiplying four (4) hours per pay period by the actual percent of effort worked.
Sick Leave Usage
Paid sick leave is available for the employee or certain family members for the diagnosis, care or treatment of an existing health condition or preventive care, or for specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking. For details on usage, review the following table:
|Type of Sick Leave||Eligible Person||Time Allowed|
|Personal Illness, Injury, or Serious Health Condition,or Victim of Domestic Violence, Sexual Assault, or Stalking||
||Accrued sick leave, in conjunction with any applicable, State Disability or Workers' Compensation benefits|
|Medical or Dental Treatment||
|Family Care, or Family Member's Serious Health Condition||
||Accrued sick leave may be used in conjunction with any Paid Family Leave benefits|
Sick Leave Procedures
Employees who are unable to report to work due to personal or dependent illness or injury must contact their supervisor as soon as possible and no later than thirty (30) minutes before their normal starting time. In the case of a planned medical or dental appointment, employees should notify their supervisors in advance. If an employee becomes sick during the day, the supervisor must be notified before the employee leaves the work site. Failure to follow these procedures may result in treatment of the day as an unexcused absence and may result in disciplinary action.
Notification from a doctor that an employee is able to return to work may be required for any absences longer than five (5) consecutive days. Additionally, in consultation with Human Resources, a supervisor or the Research Foundation's Director of Human Resources may request a doctor's substantiation at any time regardless of the length of absence. An ill or injured employee who misses three or more consecutive workdays may be eligible for a leave covered under the Family and Medical Leave of Absence (FMLA) and/or California Family Rights Act (CFRA) Policy. Employees and supervisors should contact SDSU Research Foundation's Human Resources for more information regarding FMLA/CFRA covered absences, including information on short term disability benefits which may be available through the Employment Development Department's (EDD) State's Disability Insurance Program and/or the Paid Family Leave Program.
Misuse of sick leave or falsification of sick leave documents may result in suspension, termination of employment, or other appropriate action.
Sick Leave Maximums and Limitations
Employees may not use paid sick days in excess of what is accrued. Further, employees may not transfer sick leave credits to other employees.
Regular employees (other than Scholar Exempt employees) are permitted to carry over accrued sick leave from one year to another.
Part-time, temporary, seasonal, student, and Scholar Exempt employees are permitted to carry over accrued sick leave from one year to another up to a maximum limit of 96 hours. Part-time, temporary, and seasonal employees who are currently over the cap will no longer accrue sick leave until their balance is below the cap. Part-time, temporary, seasonal, student, and Scholar Exempt employees do not continue to accrue sick leave when they reach the capped limit. For employees who reach the capped limit, once sick leave is taken, sick hours will accrue again and will continue to accrue until the cap is again reached.
Unused Sick Leave At End of Employment or Re-Employment
Unused sick leave accruals are not payable upon end of employment. In most instances, the Research Foundation will not authorize sick leave pay for the final two weeks of an emplyee's appointment without a doctor's substantiation.
If an employee is re-hired within one year from their separation of employment date, any remaining sick leave balance will be reinstated, up to the 96 hour cap.
No Discrimination or Retaliation
Retaliation or discrimination against an employee who requests accrued paid sick days or uses accrued paid sick days or both is prohibited. An employee may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave. Further, an employee has the right to file a complaint with the Labor Comisssioner against an employer who retaliates or discriminates against the employee for the following reasons:
- Requesting or using accrued sick days;
- Attempting to exercise the right to use accrued paid sick days;
- Filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the California Labor Code;
- Cooperating in an investigation or prosecution or an alleged violation of this Article or opposing any policy or practice that is prohibited by Article 1.5 section 245 et seq. of the California Labor Code.
Employee Notice of California State Law Requirements
Employees accrue paid sick leave pursuant to SDSU Research Foundation's policy which satisfies or exceeds the accrual, carryover, and use requirements of Labor Code §246.