Applies to: Faculty (including part-time and visiting faculty), postdoctoral scholars, staff and students (including graduate/undergraduate student workers and graduate assistants) employed by the University of Southern California (”USC”) and including those working for Keck Medicine of USC (“USC employees”). This policy continues to apply to individuals on sabbatical, other leaves or while visiting other institutions.
1. POLICY
Issued: March 15, 2016
Last Revised: May 7, 2024
Last Reviewed: July 15, 2024
2. Policy Purpose
USC is committed to providing job-protected unpaid leave to employees who are spouses or registered domestic partners of military personnel who are home on leave during a period of military deployment, pursuant to the California Military & Veteran Code 395.10
This policy is applicable to all employees, regardless of whether the employee lives or works in the State of California. If an employee resides in a state that provides a more generous leave, then the more generous state leave applies.
Policy Expectations
USC expects all employees, supervisors, Deans of Faculty, Department Chairs, and HR Partners to act in good faith when requesting and approving leaves of absence and time-off under this policy. In the event USC becomes aware that actions taken do not align with the policy, corrective and disciplinary steps may be pursued.
3. Scope and Application
All faculty and staff, exempt and non-exempt, at all USC locations who work an average of twenty (20) hours or more per week are eligible. The employee’s spouse or registered domestic partner must be a member of the Armed Forces of the United States (including National Guard or Reserves) who is on leave from deployment during a period of military conflict in an area designated as a combat theater or combat zone.
In the event of a discrepancy between this policy and an employee’s collective bargaining agreement, the terms of the collective bargaining agreement will govern unless prohibited by law.
4. Definitions
Term | Definition |
Qualified Member | A person who is any of the following: A member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States. A member of the National Guard who has been deployed during a period of military conflict. A member of the Reserves who has been deployed during a period of military conflict. |
Qualified Employee | A person who satisfies all of the following: Is the spouse of a qualified member. Performs service for hire for an employer for an average of 20 or more hours per week but does not include an independent contractor. Provides the qualified employer with notice within two business days of receiving official notice that the qualified member will be on leave from deployment of his or her intention to take the leave provided for in subdivision (a).Submits written documentation to the qualified employer certifying that the qualified member will be on leave from deployment during the time the leave provided for in subdivision (a) is requested. |
Spouse | A legally married partner of the same or opposite sex and includes a registered domestic partner. |
Qualified Employer | Any individual, corporation, company, firm, state, city, council city, and county, municipal corporation, district, public authority, or any other governmental subdivision that employs 25 or more employees. |
Qualified Leave Period | The period during which the qualified member is on leave from deployment during a period of military conflict. A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this section. The leave provided for in this section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leave that the qualified employee is otherwise entitled to take. This section shall not affect a qualified employee’s rights with respect to any other employee benefit provided for in other laws. |
Military Conflict | A period of war declared by the United States Congress.A period of deployment for which a member of a reserve component is ordered to active duty pursuant to the California Military & Veteran Code 395.10. |
5. Policy Details
Length of Leave and Pay Continuance
Qualified Employees may choose to take up to ten (10) days of unpaid leave in a single 12-month period during the period when the employee’s qualified member spouse is on leave from deployment during a period of military conflict. Employees may choose to use accrued vacation time concurrently with some or all of this leave to receive pay. Employees may also be eligible to receive wage replacement benefits though state-sponsored programs like the California ”Paid Family Leave” (PFL) program. Qualified Employees should work with their Human Resource Partner or Leave of Absence Specialist to coordinate their leave request and any supplemental pay selection. Qualified Employees must provide notice of their intent to take the unpaid leave within two business days of receiving official notice that the Qualified Member will be on leave from deployment.
Leave taken under this policy will not be treated as a break in continuous service for purposes of seniority and salary adjustments. Additionally, employees must be actively at work to receive Tuition Assistance Benefits, or if an employee is already enrolled in coursework on the date of the leave, then the employee is permitted to finish the coursework but is not eligible for further assistance until they return from leave. Employees do not accrue vacation and sick time while out on unpaid leaves of absence.
Non-Retaliation or Discrimination Notice
USC will not take any adverse employment action against any eligible employee for requesting or taking leave as permitted under this policy. If an employee believes an adverse employment action has been or is being taken against the employee for exercising leave rights under this leave policy, the employee should contact the Office of Professionalism & Ethics or their HR Partner.
6. Procedures
California Military Spouse Leave Procedures
7. Forms
N/A
8. Responsibilities
POSITION or OFFICE | RESPONSIBILITIES |
HR Service Center | Support the employee, supervisors, and Deans or Department Chairs with questions and application of the policy. |
Human Resources Partner (“HRP”) or Leave Administration Specialist (“LAS”) | 1. Ensure the employee has the appropriate forms, if applicable, and information for understanding their personal leave. 2. Collects the required forms, if applicable, and places the employee on the appropriate leaves. 3. Manages the use of Sick Time Accruals and/or Vacation Time Accruals and/or or PTO Time Accruals and/or Winter Recess Accruals. 4. Manages the return-to-work process. |
Leave Administration Department | 1. Revise the policy based on changes in State and Federal legislation. 2. Manages escalations received from HRP and LAS. |
9. Related Information
Faculty Handbook
Paid Staff Vacation Policy
Office of Professionalism and Ethics
Tuition Assistance Benefit
10. Contacts
Please direct any questions regarding this policy to:
OFFICE | PHONE | |
HR Service Center | (213) 821-8100 | uschr@usc.edu |
Leave of Absence Specialist (“LAS”) | (213) 821-8100 | uschr@usc.edu |
Leave Administration | (213) 821-8100 | leaveadmin@usc.edu |