California Addendum
In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:
- If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).
- If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.
For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX. For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.
Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.
California
California Bereavement Leave
This leave falls under the California Family Rights Act (CFRA).
This Addendum applies to California employees who have worked for the University of Denver for at least 30 days prior to the commencement of leave. Eligible employees are entitled to up to five days of unpaid bereavement leave upon the death of a family member. Employees may take this leave for each death of a family member that occurs. The leave does not need to be taken consecutively, but the leave must be taken within three months of the date of death of the family member. “Family member” in this Addendum means an employee’s spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. This leave may also be taken after a reproductive loss event, which is defined as "the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.”
Employees may be required to provide the University of Denver documentation of the death of a family member within 30 days of the first day of bereavement leave. An employee’s use of leave under this Addendum and any documentation provided will remain confidential, except as required by law.
Crime Victim Leave
California employees who are victims, or whose immediate family members are victims of a violent felony, serious felony, felony theft, or felony embezzlement may take unpaid time off to appear in court or otherwise attend judicial proceedings related to the crime.
Employees who have suffered direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of vehicular manslaughter while intoxicated, felony child abuse likely to produce great bodily harm or death, assault resulting in the death of a child under eight years of age, felony domestic violence, felony physical abuse of an elder or dependent adult, felony stalking, solicitation for murder, a serious felony (e.g. kidnapping, rape, assault), hit-and-run causing injury or death, felony driving under the influence causing injury, or specified sexual assault, may also take unpaid time off to attend any proceedings related to that crime or delinquent act.
For purposes of this Addendum, “immediate family” includes a person’s spouse, registered domestic partner, child, stepchild, child of registered domestic partner or spouse, sibling, step-sibling, parent, or step-parent.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this Addendum. The University of Denver may request reasonable documentation of the need for such leave, including, but not limited to, a police report indicating that an employee was the victim of one of the above-specified offenses; a court order protecting or separating and employee from the perpetrator of one of the above offenses; or documentation verifying that an employee was undergoing treatment for physical or mental injuries or abuse as a result of being a victim of one of the above-listed offenses. Such documentation can come from a medical professional, domestic violence advocate, sexual assault victim advocate, health care provider, or counselor.
The University of Denver will treat all information related to an employee’s leave pursuant to this addendum as confidential. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this Addendum. Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this Addendum.
Domestic Violence, Sexual Assault, and Stalking Leave
The University of Denver will not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of the victim or the victim’s child. The relief contemplated by this Addendum includes, but is not limited to, obtaining a temporary restraining order, restraining order, or other injunctive relief.
The University of Denver will provide reasonable accommodations to employees who are victims of domestic violence, sexual assault, or stalking, if the employee has disclosed their status as a victim to the University of Denver; the employee requests a reasonable accommodation for their safety while at work; and the accommodation is reasonable and would not pose an undue hardship on the University of Denver.
This portion of this Addendum applies only when the employer has 25 or more employees.
Additionally, employees who have been the victim of domestic violence, sexual assault, or stalking, may take unpaid time off to:
- Seek medical attention for injuries caused by domestic violence, sexual assault, or stalking;
- Obtain services from a domestic violence shelter, program, or rape crisis center as a result of the domestic violence, sexual assault, or stalking;
- Obtain psychological counseling related to domestic violence, sexual assault, or stalking; or
- Take steps to increase their safety from future domestic violence, sexual assault, or stalking, including by securing temporary or permanent relocation.
Employees must provide the University of Denver reasonable advance notice of the need to take time off under this Addendum, if practicable. If advance notice is not practical, employees who take leave due to domestic violence, sexual assault, or stalking will be required to provide, within a reasonable time, certification verifying the need for the absence, including, but not limited to, a police report, a court order, a doctor’s note, or some other form of documentation.
The University of Denver will treat all information related to an employee’s leave pursuant to this Addendum as confidential. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave in compliance with this Addendum. Although leave under this Addendum is unpaid, employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this Addendum.
Non-Discrimination Statement and Discrimination and Harassment Policy
The University of Denver has adopted a Non-Discrimination Statement and a Discrimination and Harassment Policy . Please refer to the Discrimination and Harassment Policy for further information.
The University of Denver Non-Discrimination Statement specifies that:
The University of Denver prohibits discrimination on the basis of race, color, national origin, ancestry, age, religion, creed, disability, sex, sexual orientation, gender identity, gender expression, marital status, pregnancy, genetic information, military enlistment, or veteran status, and any other class of individuals protected from discrimination under federal, state, or local law, regulation, or ordinance in any of the University’s educational programs and activities, and in the employment (including application for employment) and admissions (including application for admission) context, as required by Title IX of the Education Amendments of 1972; the Americans with Disabilities Act; Section 504 of the Rehabilitation Act of 1973; Title VI and VII of the Civil Rights Act of 1964; the Age Discrimination Act of 1975; the Age Discrimination in Employment Act of 1967; the Equal Pay Act; the Colorado Equal Pay for Equal Work Act; the Colorado Protecting Opportunities and Workers' Rights ("POWR") Act; and any other federal, state, and local laws, regulations, or ordinances that prohibit discrimination, harassment, and/or retaliation.
Accordingly, the University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In California: race (including hair that is part of the cultural identification of an ethnic group or that is a physical characteristic of an ethnic group, such as braids, locks, or twists), color, religion (including religious creed, dress, and grooming practices), citizenship, marital status, age (40 and older), national origin, ancestry, mental or physical disability (including HIV and AIDS disabilities), genetic information, medical condition (as defined by applicable law, including cancer), reproductive health decision-making, U.S. (state and federal) military and veteran status, sexual orientation, gender identity, gender expression, sex, gender, and pregnancy (including childbirth, breastfeeding, or related medical condition). In San Francisco, Protected Characteristics also includes height, weight, and place of birth.
Information about the California Department of Fair Employment and Housing can be found at www.dfeh.ca.gov or by calling 1-800-884-1684 or 1-800-700-2320 (TTY). California’s Sexual Harassment Prevention Training can be found at https://calcivilrights.ca.gov/shpt/.
California Family and Medical Leave
The University of Denver provides family and medical leave in accordance with the California Family Rights Act (CFRA).
California employees are eligible for CFRA leave if they have worked for the University of Denver for thduring the 12-month period before the leave.
Eligible employees may take up to 12 weeks of unpaid CFRA leave within a 12-month period for the following reasons:
- To care for the employee's child after birth or placement for adoption or foster care;
- To care for the employee’s spouse (including same-sex spouse), registered domestic partner, designated person, child of any age, child of domestic partner, sibling, parent, parent-in-law, grandparent, or grandchild;
- For the employee’s serious health condition (excluding pregnancy and childbirth) that makes the employee unable to perform the essential functions of the employee’s position; or
- For qualifying military exigencies (related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the United States Armed Forces).
Eligible employees are entitled to up to four months of pregnancy-related disability leave (“PDL”), followed by 12 weeks of CFRA leave to bond with the newborn child. Please see the California Pregnancy Leave policy for more information.
CFRA leave is unpaid. Employees in California may be eligible for partial wage reimbursement from California’s State Disability Insurance (“SDI”) or Paid Family Leave Insurance (“PFLI”). Visit https://edd.ca.gov/claims.htm for more information. Employees will be required to substitute any available vacation or paid sick leave for unpaid CFRA leave.
Employees may take CFRA leave intermittently. CFRA leave runs concurrently with FMLA leave. Employees must provide The University of Denver with reasonable prior notice before taking CFRA leave, if foreseeable, and make a reasonable effort to schedule the treatment or supervision to avoid disruption of the Organization’s operations, subject to the approval of the patient’s health care provider.
The University of Denver may require employees to provide certification from a health care provider. For CFRA leave to care for a family member, the certification must include: (i) the start date of the serious health condition; (ii) the probable duration of the condition; (iii) the estimated amount of time the health care provider will provide services; and (iv) confirmation that the health condition warrants the employee’s participation. CFRA leave certification for an employee’s own serious health condition should state: (i) the start date of the serious health condition; (ii) the probable duration of the condition; and (iii) a statement that the employee is unable to perform one or more of the essential functions of their position because of the serious health condition. If The University of Denver has reason to doubt the validity of the medical certification, it may seek a second opinion. If the second opinion differs from the first opinion, The University of Denver may require, at its expense, that employees obtain the opinion of a third health care provider selected by both parties. The opinion of the third health care provider will be final and binding.
Employees may continue participating in any health and welfare benefit plans in which they were enrolled before the first day of CFRA leave for up to 12 weeks. Employees must continue to pay their portion of the insurance premium. Payment is due at the same time as it would be if made by payroll deduction. Alternatively, premium payments may be paid in one lump sum at the beginning of CFRA leave or monthly. The University of Denver may recover premiums paid to maintain health coverage for employees who fail to return to work following CFRA leave in certain situations.
Upon return from CFRA leave, employees will be reinstated to their original position, or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions as permitted by law. In addition, use of CFRA leave will not result in the loss of any employment benefit that an employee earned or was entitled to before CFRA leave.
The University of Denver will not refuse to hire, discharge, fine, suspend, expel, or discriminate against employees for requesting or taking CFRA leave. The University of Denver will also not interfere with, restrain, or deny any employee’s exercise of, or attempts to exercise, any rights provided by the CFRA.
Health and Safety
This is only an excerpt of The University of Denver’s Environmental Health and Safety policy with state specific information included in italics. Please refer to the complete policy for further information.
The University of Denver takes seriously the health, safety, and welfare of its employees and any contractors or visitors who enter the workplace. Employees must comply with the Organization’s rules and guidelines, including any federal, state, and local laws regarding workplace safety. Failure to follow the Organization’s health and safety protocols may result in discipline, including termination. In addition, The University of Denver maintains an Injury and Illness Prevention Program, a Fire Prevention Program, an Emergency Action Plan, and a Heat Injury Prevention Plan for California employees.
In the case of an emergency condition, California employees will not be threatened or penalized for refusing to report to or leaving a workplace within the affected area of the emergency condition if the employee has a reasonable belief that the workplace is unsafe. Emergency conditions mean either (1) conditions of disaster or extreme danger to the safety of people or property at the workplace caused by a natural disaster or a crime or (2) an order to evacuate a workplace, a worker’s home, or the school of a worker’s child due to natural disaster or crime. Emergency conditions do not include a health pandemic.
Internal Pay Transparency
California employees may request the pay scale for the position they are currently employed in or for a position or promotion they are applying for. While The University of Denver has 15 or more employees, all job postings will include the pay scale for the position. Upon hire, employees must sign a wage notice, which acknowledges they received all required wage disclosures.
Jury Duty Leave
The University of Denver encourages all employees to report for jury duty and provides California employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time for jury duty.
After receiving a summons for jury duty, employees must notify The University of Denver as soon as reasonably possible. The University of Denver may request reasonable documentation of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to summons for jury duty.
If work time remains after any day of jury selection or jury duty, employees must return to work (and/or log back on to work, if working remotely) for the remainder of their work schedule.
Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.
Lactation Accommodation
This is only an excerpt of The University of Denver’s Lactation and Breastfeeding/Chestfeeding policy. Please refer to the complete policy for further information.
For employees who work in California, this means that the room also will be safe, clean, free of hazardous materials, contain a place to sit and a surface to place a breast pump and personal items, and have access to electricity or alternative devices (including extension cords or charging stations) needed to operate an electric or battery-powered breast pump. The University of Denver will also provide access to a sink with running water and a refrigerator suitable for storing milk near the employee’s workspace. If a refrigerator cannot be provided, The University of Denver may provide another cooling device suitable for storing milk. The University of Denver may forego the above provisions to the extent they would impose an undue hardship by causing The University of Denver significant difficulty or expense when considered against the size, financial resources, nature, or structure of the Organization’s business. If The University of Denver cannot provide break time or a location that complies with this addendum, The University of Denver will provide a written response to the employee request. Employees who work in California have a right to file a complaint with the Labor Commissioner for any violation of California’s lactation accommodation requirements.
Meal and Rest Breaks
Non-exempt California employees who work at least five hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. Meal periods must be taken no later than the end of the fifth hour of an employee’s shift. Employees who work at least five hours, but no more than six hours, may waive their meal break if both they and The University of Denver agree in writing.
A second meal break is required if employees work more than 10 hours. The second meal break must be taken no later than the end of the tenth hour of work. If employees are scheduled to work no more than 12 hours, they may waive their second meal break if both they and The University of Denver agree in writing, but only if the first one was not waived.
Employees will be relieved of all duties for the full 30-minute meal break(s) and are free to leave the premises during those times. Failure to take full meal breaks, without a waiver, is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.
Non-exempt employees are also expected to take a 10-minute paid rest break on University of Denver premises for every four hours of work, or major portion thereof, as follows:
|
Shift Length |
Number of 10-minute breaks |
|
3.5 – 6 hours |
1 |
|
6 – 10 hours |
2 |
|
10 – 14 hours |
3 |
Employees may not perform any work during their rest breaks. Failure to take a rest break is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.
If an employee misses their full meal or rest break, and it is not waived, they will receive premium pay. The premium pay is treated as wages and will be reported and paid in accordance with California law.
Suitable Seating Policy
The University of Denver will provide employees with suitable seating when the nature of their work reasonably allows sitting. If the work requires employees to stand, The University of Denver will provide seating within a reasonable distance of the work area for employees on break. The University of Denver will permit employees to use these seats when it does not interfere with the performance of their duties. If suitable seating is not immediately available, employees can request suitable seating from their supervisor.
Military Service Leave
This is only an excerpt of The University of Denver’s Leave of Absence policy with state specific information included in italics. Please refer to the complete policy for further information.
Exigency leave includes, as provided pursuant to CFRA, leave related to short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, temporary rest and recuperation, post-deployment activities, and mutually agreed leave.
Employees may take military leave for training and other non-active-duty activities in accordance with applicable law.
- California employees who are members of the state uniformed services may take up to 17 days of military leave per year.
- While the University has 100 or more employees, San Francisco employees who are members of the reserve corps of the United States Armed Forces, National Guard, or other U.S. uniformed service organizations may take up to 30 days of leave per calendar year for military duty. While using this leave, employees are entitled to supplemental compensation, which is the difference between the employee’s gross military pay and gross pay they would have received at the University if they had worked their regularly scheduled hours. This amount may be offset by other pay from legal requirements or university policies that apply during the leave. Leave must be taken in increments of at least one day.
Organ and Bone Marrow Donor Leave
This policy applies only when The University of Denver has 15 or more employees.
This policy applies to California employees who have worked for The University of Denver for at least 90 days at the time leave is requested. Eligible employees may take up to 30 days of paid leave and an additional 30 days of unpaid leave in a 12-month period to serve as an organ donor. Eligible employees may also take up to five days of paid leave in a 12-month period to serve as a bone marrow donor. The University of Denver may require that employees use up to two weeks of available vacation and/or paid sick leave during paid organ donor or bone marrow donor leave.
Employees must provide The University of Denver reasonable advance notice of the need to take leave under this policy. Employees must provide The University of Denver notice as soon as possible that leave under this policy is needed. The University of Denver may request reasonable documentation of the need for leave, which should state both that the employee taking the leave is a bone marrow or organ donor and that the donation is medically necessary.
California Paid Sick Leave
California employees who work for 30 or more days per year in California are eligible for paid sick leave under this policy.
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 48 hours per year. Employees may use up to 24 hours per year of paid sick leave for the following reasons:
- Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member;
- If the employee, or their family member, are a victim of domestic violence, sexual assault, or stalking, time off to:
-
- Seek medical attention for injuries caused by crime or abuse;
-
- Obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
-
- Obtain psychological counseling or mental health services related to an experience of crime or abuse;
-
- Participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; or
-
- Obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child; or
- Other reasons provided under applicable law.
Under this policy, “family member” means a: biological, adopted, or foster child, stepchild, legal ward, or a child to whom an employee stands in loco parentis (regardless of age or dependency status); biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling. Employees may use up to one-half of their annual paid sick leave accrual to care for a family member.
Employees are entitled to use accrued paid sick days beginning on the 90th day of employment, after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments of no less than two hours. Any available paid sick leave will be carried over to the next year.
If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the University. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from The University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
Los Angeles, California Paid Sick Leave
Employees who (i) work at least 2 hours per week in Los Angeles, (ii) are entitled to California minimum wage, and (iii) have worked for The University of Denver for at least thirty days are eligible for paid sick leave under this addendum.
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 72 hours per year. Employees may use up to 48 hours per year of paid sick leave for the following reasons:
- Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member;
- If the employee, or their family member, are a victim of domestic violence, sexual assault, or stalking, time off to:
-
- Seek medical attention for injuries caused by crime or abuse;
-
- Obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
-
- Obtain psychological counseling or mental health services related to an experience of crime or abuse;
-
- Participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; or
-
- Obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child; or
- Other reasons provided under applicable law.
Under this addendum, “family member” means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom an employee stands in loco parentis (regardless of age or dependency status); biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or person related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Employees are entitled to use accrued paid sick days beginning on the 90th day of employment, after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments of no less than two hours. Employees may carry over unused sick leave year-to-year, up to 72 hours.
If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the University. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. If employees are absent for three or more consecutive days, The University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this addendum.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from The University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this addendum. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
San Diego, California Paid Sick Leave
Employees who (i) work at least 2 hours per week in San Diego and (ii) are entitled to California minimum wage or are participating in the Welfare-to-Work Program are eligible for paid sick leave under this addendum.
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 80 hours per year. Employees may use up to 40 hours per year of paid sick leave for the following reasons:
- The illness, injury, or medical condition of the employee renders the employee physically or mentally unable to perform the employee’s duties;
- To obtain professional diagnosis or treatment for a medical condition;
- Other medical reasons of the employee, such as pregnancy or obtaining a physical examination;
- To provide care or assistance to a family member with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition;
- The employee’s place of business is closed by order of a public official due to a public health emergency, or the employee is providing care or assistance to a child, whose school or child care provider is closed by order of a public official due to a public health emergency;
- If the employee, or their family member, are a victim of domestic violence, sexual assault, or stalking, time off to:
-
- Seek medical attention needed to recover from physical or psychological injury or disability caused by the crime or abuse;
-
- Obtain services from a victim services organization;
-
- Obtain psychological or other counseling;
-
- Relocate due to the crime or abuse; or
-
- Obtain legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the crime or abuse; or
- Other reasons provided under applicable law.
Under this addendum, “family member” means a biological, adopted, foster child, stepchild, legal ward, a child to whom an employee or spouse stands in loco parentis of either the employee, the employee’s spouse or the employee’s domestic partner; biological, adoptive, or foster parent, stepparent, or legal guardian of the employee or the employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; domestic partner; grandparent; grandchild; or sibling, half-sibling, or step-sibling.
Employees are entitled to use accrued paid sick days beginning on the 91st day of employment, after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments of no less than two hours. Employees may carry over any earned unused sick leave year-to-year.
If the need for paid sick leave is foreseeable, employees must provide at least seven days advance notice to the University. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, The University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this addendum.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from The University of Denver and are rehired within six months from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this addendum. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
San Francisco, California Paid Sick Leave
Employees who work at least 56 hours per year in San Francisco are eligible for paid sick leave under this addendum.
Employees accrue paid sick leave at a rate of one hour for every 30 hours worked, up to a total of 40 hours per year. Employees may use paid sick leave for the following reasons:
- Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member;
- If the employee, or their family member, are a victim of domestic violence, sexual assault, or stalking, time off to:
-
- Seek medical attention for injuries caused by crime or abuse;
-
- Obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
-
- Obtain psychological counseling or mental health services related to an experience of crime or abuse;
-
- Participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; or
-
- Obtain or attempt to obtain any relief, including a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child;
- To donate an organ or bone marrow or care for a family member who donates an organ or bone marrow; or
- Other reasons provided under applicable law.
Under this addendum, “family member” means a biological, adopted, or foster child, stepchild, or legal guardian of the employee or a domestic partner, or a child to whom an or their domestic partner employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or designated person.
If an employee has no spouse or registered domestic partner, the employee may designate one person as to whom the employee may use paid sick leave to aid or care for. The employee has 10 days to make such designation, beginning no later than when the employee has worked 30 hours after paid sick leave begins to accrue. The employee may make or update the designation during a 10-day window annually thereafter.
Employees are entitled to use accrued paid sick days beginning on the 90th day of employment, , after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments of no less than one hour. Employees may carry over any earned but unused paid sick leave year-to-year, up to a total of 40 hours.
If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the University. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. The University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this addendum.
Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from The University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick leave will be reinstated.
Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this addendum. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, sick days. In addition, an employee will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.
San Francisco, California Public Health Emergency Leave
Beginning January 1 of each year, San Francisco employees are eligible for Public Health Emergency Leave (“PHEL”) in the following amounts:
- Full Time, Regular, or Fixed Schedule Employees. The number of hours over a two-week period that the employee regularly works or takes paid leave, not to exceed 80 hours.
- Varied Schedule Employees. The average number of hours the employee worked or took paid leave over a two-week period, not to exceed 80 hours, during:
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- the previous calendar year;
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- the time since their start date if they began work after the beginning of the previous calendar year; or
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- the previous six months (or since the employee’s start date if employed for less than six months) if not employed on October 1, 2022, or January 1 of a calendar year thereafter.
For the period of October 1, 2022, through December 31, 2022, the amount of leave will be calculated using a one-week period, not to exceed 40 hours. For employees who were not employed on October 1, 2022, leave will be calculated from the employee’s start date.
Employees who were not employed by the University on October 1, 2022, or January 1 of a calendar year thereafter will receive leave on the start date of the first Public Health Emergency that begins during their employment. The amount of leave allocated is calculated using the same method listed above.
Employees may use PHEL when they are unable to work due to the following reasons:
- Recommendations or requirements of an individual or general federal, state, or local health order – including an order issued by the local jurisdiction where an employee resides – related to the public health emergency, or the employee is caring for a family member subject to such an order;
- A healthcare provider advises an employee to isolate or quarantine, or the employee is caring for a family member who has been so advised;
- The employee is experiencing symptoms of and seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the public health emergency, or the employee is caring for a family member who is experiencing symptoms;
- The employee is caring for a family member whose school or place of care has been closed, or whose care provider is unavailable, due to the public health emergency; and
- An air quality emergency, if the employee primarily works outdoors and is a member of a vulnerable population, i.e., diagnosed with heart or lung disease; has respiratory problems like asthma, emphysema, and chronic obstructive pulmonary disease; is pregnant; or is age 60 or older.
Under this addendum, “family member” means a biological, adopted, or foster child, stepchild, or legal guardian of the employee or a domestic partner, or a child to whom an or their domestic partner employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or designated person.
If an employee has no spouse or registered domestic partner, the employee may designate one person as to whom the employee may use PHEL to aid or care for. The employee has 10 days from their receipt of PHEL to make such a designation. The employee may make or update the designation during a 10-day window determined by the Organization annually thereafter.
Employees are entitled to use PHEL beginning on the 1st day of employment. If federal, state, or San Francisco law requires employers to provide paid leave or paid time off to address a public health threat, and employees may use leave under this addendum for covered reasons under the ordinance, this addendum will offset the leave requirements of the new law.
If the need for PHEL is foreseeable, employees must provide reasonable advance notice to the University. If the need for PHEL is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. The University of Denver may require reasonable documentation to confirm an employee’s status as a member of a Vulnerable Population, if that Employee uses PHEL for a use inapplicable to an Employee who is not a member of a Vulnerable Population.
Abuse of the Organization’s PHEL addendum is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this addendum. The University of Denver will not retaliate against an employee for the employee’s use of, or attempt to use, PHEL. In addition, an employee will not be retaliated against for filing a complaint alleging violations of PHEL laws, for cooperating in an investigation or prosecution of an alleged violation of PHEL laws, or opposing any policy, practice, or act prohibited by any applicable PHEL laws.
San Francisco, California Paid Parental Leave
Eligible San Francisco employees may take up to eight weeks off to bond with a new child. To be eligible for this leave an employee must have worked for the organization for at least 6 months (180 days) before taking this leave, work for a minimum of eight hours per week and work at least 40% of their hours in San Francisco, and receive California Paid Family Leave benefits to bond with their new child.
California Paid Family Leave (PFL) benefits are 60% or 70% of weekly wages (up to a cap). Eligible San Francisco employees are entitled to the difference between their weekly benefit from the California PFL program and 100% of their normal gross weekly wages (up to the maximum). For more information, visit http://www.sfgov.org/pplo or call (415) 554- 4190.
Pregnancy Leave
California employees who are disabled by pregnancy, childbirth, or related medical conditions are eligible to take an unpaid pregnancy disability leave (“PDL”) of up to four months. PDL may include time off for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth.
PDL is separate and distinct from the Organization’s FMLA and CFRA policies. Employees who are eligible for PDL may also be eligible to take a leave under the Organization’s FMLA and CFRA policies. Leave taken under PDL runs concurrently with FMLA but not the CFRA. The maximum combined leave that employees may take under this PDL addendum and the FMLA and CFRA policies is four months (for PDL-qualifying reasons), plus 12 weeks (for CFRA-qualifying reasons), totaling 7 months. PDL leave need not be taken in one continuous period.
Employees should notify The University of Denver of their intent to take PDL leave as soon as possible. The notice should include the anticipated timing and duration. If the need for leave or transfer is foreseeable, employees must provide at least 30 days’ advance notice before the PDL or transfer is to begin. Employees must consult The University of Denver regarding the scheduling of any planned medical treatment or supervision to minimize disruption to the Organization’s operations. Any such scheduling is subject to the approval of the employee’s health care provider. If 30 days’ advance notice is not possible, notice must be given as soon as practicable. Failure to comply with these rules may result in deferral of the leave until the employee complies with this notice requirement.
Employees may request either a medically advisable transfer to a less strenuous position or less strenuous duties. Transfer requests will be granted to the extent The University of Denver can reasonably accommodate them. Employees requesting an intermittent leave or reduced schedule leave may be transferred, at the Organization’s discretion, to a position more suited to such a leave and for which the employee is qualified. The position an employee is transferred to will have the same pay and benefits as their former position.
Pregnancy disability leave will usually begin when ordered by the employee’s physician. Employees must provide The University of Denver with a certification from a health care provider certifying the need to take PDL. The certification should include: (i) the date the employee became disabled due to pregnancy; (ii) the probable duration of the disability; and (iii) a statement that, due to the disability, the employee is unable to perform one or more of the essential functions of their position without undue risk to the them, the pregnancy, or other people. Recertification is required if PDL is sought after expiration of the time estimated by the health care provider. Failure to submit required recertification can result in termination of the leave. The University of Denver will require certification by the employee’s health care provider that the employee is fit to return to work. Failure to provide this certification will result in denial of reinstatement until such time as the certificate is obtained. If an employee fails to return to work immediately after their approved PDL expires or fails to provide the certification stating that they are fit to return to work within three days after returning to work, they will be considered to have voluntarily resigned.
Leave may be taken intermittently or on a reduced work schedule when medically advisable. The smallest increment of time that can be used for such leave is the smallest increment used for time-keeping purposes and other leaves. In no event will the increment of leave be greater than one hour. These increments are not meant to restrict employees from taking more than one hour for leave, only to determine how time off is counted.
Employees on PDL are not permitted to take on any other employment, even on a temporary basis, without written authorization from The University of Denver.
Authorized PDL leave is unpaid by The University of Denver, but employees may be eligible for partial wage reimbursement from California’s State Disability Insurance (“SDI”). See HR Partners at AskHRPartners@du.edu for more information. Any accrued sick leave may be used during PDL. No vacation or sick leave hours or holiday hours are accrued during PDL, but employees may elect to use already-accrued vacation during such leave. If employees choose to use vacationduring PDL, it is their responsibility to notify HR Partners at AskHRPartners@du.edu in writing.
Employees who take PDL will be allowed to continue participating in any health and welfare benefit plans they were enrolled in before their first day of the leave. The continued participation in health benefits begins on the date unpaid time off first begins under PDL. Employees remain responsible for their portion of the insurance premium. Payment is due at the same time as it would be if made by payroll deduction. Alternatively, at the employee’s request, the premium payments may be paid in one lump-sum at the beginning of the leave period or on a monthly basis. In some instances, The University of Denver may recover premiums paid to maintain health coverage for employees who fail to return to work following PDL. Employees will be allowed to continue to participate in life insurance benefit plans for the same period.
Employees returning from PDL will be offered the same position they held at the time of leaving unless the job no longer exists or preserving the job would substantially undermine the Organization’s ability to operate safely and efficiently. If the employee’s former position is not available, an equivalent position will be offered unless there is not an equivalent position available or filling the available position with the employee would substantially undermine the Organization’s ability to operate safely and efficiently.
The University of Denver will not discriminate against employees or applicants for approved use of PDL or for making a proper request for such leave.
School Activities Leave
This addendum applies only when The University of Denver has 25 or more employees at the same worksite.
Employees who are parents, guardians, stepparents, foster parents, grandparents, or who stand in loco parentis to a child in grades K-12 or with a licensed childcare provider may take up to eight hours or per month and 40 hours per year of unpaid time off to:
- Address a school or child care provider emergency when their child cannot remain with a child care provider or in school because – (i) the child care provider or school has asked that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider; (ii) of behavioral or discipline problems; (iii) of closure or unexpected unavailability of the school or child care provider (excluding planned holidays); (iv) of a natural disaster; or
- Find, enroll, or re-enroll a child in school or with a childcare provider.
Employees must provide The University of Denver reasonable advance notice of the need for leave under this addendum. The University of Denver may request reasonable documentation reflecting the need for such leave, including documentation from the school that indicates the employee participated in a school activity on the day of the absence for that purpose. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this addendum. If both parents are employed by The University of Denver, only the first employee to request this leave is guaranteed to receive the time off.
Employees who take time off under this addendum must utilize any existing vacation or paid sick leave for time off taken under this addendum.
School Appearance Leave
California employees who may take unpaid time off to appear at their child’s or ward’s school in connection with a suspension.
Employees must provide The University of Denver reasonable advance notice of the need for leave under this addendum. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this addendum.
Sexual Harassment Policy
California Training
While The University of Denver has five or more employees, nonsupervisory employees will receive one hour, and supervisory employees will receive two hours of sexual harassment and abusive conduct prevention training every two years. California’s Sexual Harassment Prevention Training can be found at https://calcivilrights.ca.gov/shpt/.
Voting Leave
California employees who are eligible to vote in a statewide election may take up to two hours of paid time off to vote on election day if they do not have sufficient time outside of working hours to vote.
Employees must provide The University of Denver at least two days of advance notice of their need to take time off under this policy. Time off should be taken at the beginning or end of the employee’s workday, unless otherwise specified by The University of Denver.
Volunteer Civil Service/Emergency Responder and Civil Air Patrol Leave
California employees who are volunteer firefighters, volunteer reserve peace officers, or volunteer emergency rescue personnel may take unpaid time off to perform emergency duty. Volunteer firefighters, reserve peace officers, and emergency rescue personnel, may also take up to 14 days of unpaid time off per year to engage in fire, law enforcement, or emergency rescue training.
Employees who have worked for The University of Denver for at least 90 days immediately preceding the leave, are volunteer members of the California Wing of the civilian auxiliary of the U.S. Air Force Civil Air Patrol, and are responding to an emergency operation mission, as defined by law, may take up to 10 days of unpaid time off per year. This time off cannot be taken in more than three-day increments, unless the emergency is extended by the entity in charge of the operation, and The University of Denver authorizes a longer period of leave.
Employees must provide The University of Denver reasonable advance notice of the need to take time off under this addendum. The University of Denver may request reasonable documentation reflecting the need for such leave, including certification of their eligibility for leave. The University of Denver will not discriminate or retaliate against employees for their membership in the Civil Air Patrol or for requesting or taking leave in compliance with this addendum.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken.
Witness Duty Leave
California employees, including crime victims, may take unpaid time off to appear in court in compliance with a subpoena, court order, or summons as a witness or prospective witness, including in discovery proceedings.
Employees must provide The University of Denver reasonable advance notice of the need to take time off under this addendum. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this addendum as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this addendum.
Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this addendum.
Workweek and Work Schedules
Non-exempt, full-time California employees are entitled to one day of rest every workweek.
Adult Illiteracy Leave
This addendum applies only when The University of Denver has 25 or more employees in California.
University assistance includes providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the jobsite. Employees will not be paid during the time spent attending such programs. The University of Denver will take reasonable efforts to safeguard the privacy of the employee and the fact that they have a problem with illiteracy.
The University of Denver will not terminate an employee because they reveal a problem of illiteracy and otherwise satisfactorily performs their work.
Alcohol and Drug Rehabilitation Leave
This Addendum applies only when The University of Denver has 25 or more employees in California.
The University of Denver will reasonably accommodate any employee who wishes to voluntarily enter an alcohol or drug rehabilitation program if this reasonable accommodation does not impose an undue hardship on The University of Denver.
This addendum does not prohibit The University of Denver from refusing to hire or discharging an employee who can’t perform the required job duties or who endangers the health or safety of the employee or others because of the employee’s current use of alcohol or drugs.