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SJSU Policies for SJSU Faculty

I am expecting a new child.  What is SJSU's maternity/ paternity/ adoption leave?

The heart of SJSU's policy is that faculty have a 30 day paid, maternity or paternity leave for the birth or adoption of a child.  The details about when the leave can be taken and how to go about taking it is given on page 7 of the SJSU Work Life Balance Handbook: http://www.sjsu.edu/facultyaffairs/docs/ACESLOAN.pdf

Are there other leave options for me with the birth or adoption of my child?

There are a number of different leave options.  You should definitely meet with someone from Faculty Affairs (http://www.sjsu.edu/facultyaffairs/contacts/) to discuss all the different options. 

Faculty are eligible for the Family Medical Leave (FML) act which offers a 12 week (unpaid) leave up to 12 months after the arrival of the baby.  Details on the FML are given on page 7 of the SJSU Work Life Balance Handbook: http://www.sjsu.edu/facultyaffairs/docs/ACESLOAN.pdf

Women who are disabled by pregnancy are also eligible for disability.  This is separate from the FML leave and the 30 day maternity leave.   Details are given on page 8 of the SJSU Work Life Balance Handbook: http://www.sjsu.edu/facultyaffairs/docs/ACESLOAN.pdf

You may be able to extend your leave with a difference in pay (DIP) leave (http://www.sjsu.edu/facultyaffairs/Unit_3/CBA/DIP/index.htm).  This leave would allow you to work only part time at SJSU.  You are eligible for this if you have worked full time for 6 years in the last 7 years.  However, the DIP leave will restart your sabbatical clock.  Also, the time will only partially accrue towards your retirement clock.

You may also extend your leave with an unpaid leave of absence (Personal Leave Without Pay).  This time will not accrue towards your retirement.  You are not eligible for SJSU health benefits during that time.  However, it does not restart your sabbatical clock.  More details are given on the Leave Without Pay paperwork (http://www.sjsu.edu/facultyaffairs/docs/Per_Prof_Leave_Form.pdf).   

How does the maternity/ paternity/ adoption leave affect the tenure clock?

Faculty who become a parent either through birth or adoption are eligible to stop the tenure clock for a year.  This can be done twice (maximum of two year extension).  The stopping of the tenure clock is not automatic.  You must decide to do it at least 30 days in advance of returning to work from the leave.  Details are given on page 9 of the SJSU Work Life Balance Handbook: http://www.sjsu.edu/facultyaffairs/docs/ACESLOAN.pdf

You are not eligible to stop the tenure clock if you take a difference in pay leave or a personal leave without pay (without taking the 30 day maternity/paternity/adoption leave).

How does the maternity/ paternity/ adoption leave affect my retirement clock or sabbatical leave clock?

If you just take the 30 day maternity/paternity/adoption leave only, there is no impact on your retirement clock or your sabbatical leave clock.  The 30 day leave accrues as regular time.  It does not restart your sabbatical clock.

A leave without pay does not accrue towards your retirement.  However, the leave without pay does not restart your sabbatical clock.  For more information, see the Eligibility section of the Senate policy on sabbatical: http://www.sjsu.edu/senate/F08-4.htm

A difference in pay leave does accrue towards your retirement in the partial fraction.  However, it will restart you sabbatical clock.  For more information, see the Eligibility section of the Senate policy on sabbatical: http://www.sjsu.edu/senate/F08-4.htm

How does the maternity/ paternity/ adoption leave affect my health benefits?

If you take the 30 day maternity/paternity/adoption leave or the 12 week unpaid Family Medical Leave, there is no impact on your benefits.  Your benefits remain intact through both of these.

In general, to be eligible for SJSU benefits, you must be appointed at least half time.  Therefore, you are not eligible for benefits if you take a personal or professional leave without pay.  You are eligible if you take a difference in pay leave that leaves you appointed for at least half time at SJSU.  For more information, see HR's Faculty Benefit Summary Sheet (http://www.sjsu.edu/hr/faculty/summary/).

How should I go about taking a maternity/paternity/adoption leave?

The first step you should do is to read carefully through SJSU's policies so you are familiar with what your options are (see the questions above).  The next step is to talk to your chair.  It is in your best interest and the department's that you talk with the chair as early in the pregnancy/adoption process as you are comfortable with so that you can both plan together how best to accommodate your leave and cover your courses and other responsibilities.  You need to also talk to the Faculty Affairs office (http://www.sjsu.edu/facultyaffairs/contacts/) .  They will help you calculate your leave dates based on the expected arrival date of the child.  You also need to see your benefits representative in HR (http://www.sjsu.edu/hr/about/directory/byunit/ess_directory/index.htm) to fill out paperwork related to the leave.

Where can I get more information on the Family Medical Leave Act?

The AAUP (American Association of University professors) has a FAQ resource on the Family Medical Leave Act: http://www.aaup.org/AAUP/pubsres/academe/2002/SO/Feat/deub.htm