Leave Program and Disability Insurance
Leave Program and Disability Insurance
Leave Program and Disability Insurance

Family Leave and Disability Insurance

CASE Members can choose between enrolling in the Vacation/Sick Leave or Annual Leave programs. There are advantages and disadvantages to each. Consideration of which program is best for you is important, especially when it comes to accessing paid leave options to care for a newly arrived child or ailing family members, but also for a member’s own medical needs. Remember, CASE Members don’t pay into and thus cannot access SDI benefits that your private sector peers may use. A different benefit system is available for CASE Members. Read on for details:

 

 

Vacation/Sick Leave and Non-Industrial Disability Leave (NDI)

Annual Leave and Enhanced Non-Industrial Disability Leave (ENDI)

NDI-Family Care Leave (Only available to those enrolled in the Annual Leave Program)

How much time do I earn in each program?

Vacation Accrual (for Full Time employees)

7 months to 3 years = 7 hours per month

37 months to 10 years = 10 hours per month 

121 months to 15 years = 12 hours per month 

181 months to 20 years = 13 hours per month 

Over 20 years=  14 hours per month 

Sick Leave Accrual (for Full Time Employees)

8 hours per month

Annual Leave Accrual (for Full Time employees)

1 month to 3 years = 11 hours per month 

37 months to 10 years = 14 hours per month 

121 months to 15 years = 16 hours per month 

181 months to 20 years = 17 hours per month 

241 months and over = 18 hours per month

 

How can I use my leave time?

Sick leave is covered in Article 9.3 of the CASE MOU. Sick leave can be used for your own illness or injury or to care for your parent, spouse, domestic partner, child, sibling, or any person in the immediate household, subject to limits set by your department to the time reasonably required for care. Vacation leave is covered in Article 9.1 and can be used for any purpose upon approval. 

Annual Leave (found in Article 9.11 of the MOU) can be used for any purposes – including vacation or to care for yourself or a family member experiencing illness or injury. 

CASE secured a first-of-its-kind employer paid family leave benefit in the 2022-25 CASE MOU. Called NDI-Family Care Leave (NDI-FCL), it provides a similar benefit to ENDI but instead of applying to an employees personal medical needs, it is used to care for an ailing family member or to bond with a newly arrived child (through birth, adoption, or foster placement). 

What happens when I separate from state service?

Vacation leave is cashed out upon separation from state service. 

Sick leave does not get cashed out upon separation from state service.  Unused sick leave may, however, be credited towards overall service credit with CalPERS at a ratio of 4 hours:1 hour (25%) when a Unit 2 member retires within 120 days of separation from state service. 

Annual leave is cashed out upon separation from state service. Annual leave cannot be calculated towards service cred with CalPERS.. 

 

What benefits do I get under this leave program?

Members enrolled in the Vacation/Sick Leave who experience non-job-related illness or injury have access to Non-Industrial Disability Insurance (NDI) (Article 11.6)

NDI provides a $135/week disability payment for up to 26 weeks should you become ill or injured and need to take a medical leave. Leave credits may be used to supplement your disability payment. NDI covers only the employee and cannot be used to care for family members. 

Members enrolled in the Annual Leave program have access to Enhanced Non-Industrial Disability Insurance (ENDI) (Article 11.7)

ENDI provides 50% wage replacement for up to 26 weeks if you become ill or are injured (off-the-job) and need to take a medical leave of absence. There is a seven consecutive calendar day wait period before ENDI payments commence.  Banked leave credits may be used to cover the wait period. Unit 2 members may elect to use their leave credits to supplement up to 75% or 100% of their salary. If a member elects 75% supplementation, they receive a partial credit for time with CalPERS and partial credit for seniority. If a member elects 100% supplementation, they receive full credit with CalPERS and for seniority. At either level of supplementation, the state will continue to pay their portion of your medical coverage premiums. Supplementation is highly recommended. ENDI covers only the employee and cannot be used to care for family members. 

Members enrolled in the Annual Leave program have access to NDI-Family Care Leave (NDI-FCL), effective July 1, 2023. (Article 11.12)

NDI-FCL provides 50% wage replacement for up to 6 weeks if you need to care for an ailing family member or if you have welcomed a new child into your home via birth, adoption, or foster placement.  You may use you leave credits to supplement up to 75% or 100% of your salary. If you elect 75% supplementation, you receive a partial credit for time with CalPERS and partial credit for seniority. If you elect 100% supplementation, they receive full credit with CalPERS and for seniority. At either level of supplementation, the state will continue to pay their portion of your medical coverage premiums. Supplementation is highly recommended. 

In the baby bonding context, while ENDI covers only the employee’s medical needs during pregnancy and recovery, NDI-FCL can be used by the non-birthing parent employee to bond with the newly arrived child as well. The benefit can be used anytime during the child’s first year of life or arrival in the home.

What happens if I need to take a leave of absence to care for a family member?

Unit 2 members cannot use NDI to cover time spent caring for a family member.  (Sick leave credits can be used, per the MOU and department policy). 

Unit 2 members cannot use ENDI to cover time spent caring for a family member.  (Sick leave credits can be used, per the MOU and department policy).   

What if I want to switch my leave time?

The Vacation/Sick Leave program is the state’s default selection.  Should a Unit 2 member fail to make an election upon entry into state service the state will automatically choose Vacation/Sick Leave for them. Once an election between sick/vacation and annual leave is made it can only be changed after 24 months. If you switch from sick/vacation to annual leave, sick leave will retain its designation and vacation will be changed to annual leave. 

Once a member opts-into Annual leave, they cannot change for 24 months. (Article 9.11A)

If a Unit 2 member switches from annual leave to sick/vacation, annual leave will be switched to vacation and the member will begin to accumulate sick leave.

NDI-FCL is only available to employees enrolled in Annual Leave. If you switch to Vacation/Sick Leave, you will not have access to paid leave to care for an ailing family member or to bond with a newly arrived child aside from any vacation or sick leave credits you have banked and as allowed under the MOU and department policy. 

What about FMLA or CFRA time?

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job protection, but not wage replacement, when an employee needs time off to care for themselves or a family member facing a medical issue. These programs allow for up to 12 weeks of job-protected leave per calendar year. The leave need not be taken consecutively, but is accounted for in total hours taken up to an amount totaling 12 weeks. An employee must have worked at least 1250 hours in the previous year to qualify for FMLA. 

This leave can be used in conjunction with leave credits, NDI, ENDI, or NDI-FCL. Using leave credits, NDI, ENDI, or NDI-FCL does not provide job protection. If you or someone you know has questions about either of these job-protected leave programs, contact CASE Staff directly for more assistance. 

Vacation/Sick Leave and Non-Industrial Disability Leave (NDI)

How much time do I earn in each program?

Vacation Accrual (for Full Time employees)
7 months to 3 years = 7 hours per month
37 months to 10 years = 10 hours per month 
121 months to 15 years = 12 hours per month 
181 months to 20 years = 13 hours per month 
Over 20 years=  14 hours per month 


Sick Leave Accrual  (for Full Time Employees)
8 hours per month

How can I use my leave time?
 

Sick leave is covered in Article 9.3 of the CASE MOU. Sick leave can be used for your own illness or injury or to care for your parent, spouse, domestic partner, child, sibling, or any person in the immediate household, subject to limits set by your department to the time reasonably required for care. Vacation leave is covered in Article 9.1 and can be used for any purpose upon approval. 

 
What happens when I separate from state service?

Vacation leave is cashed out upon separation from state service. 

Sick leave does not get cashed out upon separation from state service.  Unused sick leave may, however, be credited towards overall service credit with CalPERS at a ration of 4 hours:1 hour (25%) when a Unit 2 member retires within 120 days of separation from state service.

What benefits do I get under this leave program?

Members enrolled in the Vacation/Sick Leave who experience non-job-related illness or injury have access to Non-Industrial Disability Insurance (NDI) (Article 11.6)

NDI provides a $135/week disability payment for up to 26 weeks should you become ill or injured and need to take a medical leave. Leave credits may be used to supplement your disability payment. NDI covers only the employee and cannot be used to care for family members. 

What happens if I need to take a leave of absence to care for a family member?

Unit 2 members cannot use NDI to cover time spent caring for a family member.  (Sick leave credits can be used, per the MOU and department policy). 

What if I want to switch my leave time?

The Vacation/Sick Leave program is the state’s default selection.  Should a Unit 2 member fail to make an election upon entry into state service the state will automatically choose Vacation/Sick Leave for them. Once an election between sick/vacation and annual leave is made it can only be changed after 24 months. If you switch from sick/vacation to annual leave, sick leave will retain its designation and vacation will be changed to annual leave.

What about FMLA or CFRA time?

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job protection, but not wage replacement, when an employee needs time off to care for themselves or a family member facing a medical issue. These programs allow for up to 12 weeks of job-protected leave per calendar year. The leave need not be taken consecutively, but is accounted for in total hours taken up to an amount totalling 12 weeks. An employee must have worked at least 1250 hours in the previous year to qualify for FMLA. 

This leave can be used in conjunction with leave credits, NDI, ENDI, or NDI-FCL. Using leave credits, NDI, ENDI, or NDI-FCL does not provide job protection. If you or someone you know has questions about either of these job-protected leave programs, contact CASE Staff directly for more assistance. 

Annual Leave and Enhanced Non-Industrial Disability Leave (ENDI)

How much time do I earn in each program?

Annual Leave Accrual (for Full Time employees)
1 month to 3 years = 11 hours per month 
37 months to 10 years = 14 hours per month 
121 months to 15 years = 16 hours per month 
181 months to 20 years = 17 hours per month 
241 months and over = 18 hours per month

How can I use my leave time?

Annual Leave (found in Article 9.11 of the MOU) can be used for any purposes – including vacation or to care for yourself or a family member experiencing illness or injury. 

What happens when I separate from state service?

Annual leave is cashed out upon separation from state service. Annual leave cannot be calculated towards service cred with CalPERS.

What benefits do I get under this leave program?

Members enrolled in the Annual Leave program have access to Enhanced Non-Industrial Disability Insurance (ENDI) (Article 11.7)

ENDI provides 50% wage replacement for up to 26 weeks if you become ill or are injured (off-the-job) and need to take a medical leave of absence. There is a seven consecutive calendar day wait period before ENDI payments commence.  Banked leave credits may be used to cover the wait period. Unit 2 members may elect to use their leave credits to supplement up to 75% or 100% of their salary. If a member elects 75% supplementation, they receive a partial credit for time with CalPERS and partial credit for seniority. If a member elects 100% supplementation, they receive full credit with CalPERS and for seniority. At either level of supplementation, the state will continue to pay their portion of your medical coverage premiums. Supplementation is highly recommended. ENDI covers only the employee and cannot be used to care for family members. 

What happens if I need to take a leave of absence to care for a family member?

Unit 2 members cannot use ENDI to cover time spent caring for a family member.  (Sick leave credits can be used, per the MOU and department policy).

What if I want to switch my leave time?

Once a member opts-into Annual leave, they cannot change for 24 months. (Article 9.11A).

If a Unit 2 member switches from annual leave to sick/vacation, annual leave will be switched to vacation and the member will begin to accumulate sick leave.

What about FMLA or CFRA time?

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job protection, but not wage replacement, when an employee needs time off to care for themselves or a family member facing a medical issue. These programs allow for up to 12 weeks of job-protected leave per calendar year. The leave need not be taken consecutively, but is accounted for in total hours taken up to an amount totalling 12 weeks. An employee must have worked at least 1250 hours in the previous year to qualify for FMLA. 

This leave can be used in conjunction with leave credits, NDI, ENDI, or NDI-FCL. Using leave credits, NDI, ENDI, or NDI-FCL does not provide job protection. If you or someone you know has questions about either of these job-protected leave programs, contact CASE Staff directly for more assistance. 

NDI-Family Care Leave (Only available to those enrolled in the Annual Leave Program)

How can I use my leave time?

CASE secured a first-of-its-kind employer paid family leave benefit in the 2022-25 CASE MOU. Called NDI-Family Care Leave (NDI-FCL), it provides a similar benefit to ENDI but instead of applying to an employees personal medical needs, it is used to care for an ailing family member or to bond with a newly arrived child (through birth, adoption, or foster placement). 

What benefits do I get under this leave program?

Members enrolled in the Annual Leave program have access to NDI-Family Care Leave (NDI-FCL), effective July 1, 2023. (Article 11.12).

NDI-FCL provides 50% wage replacement for up to 6 weeks if you need to care for an ailing family member or if you have welcomed a new child into your home via birth, adoption, or foster placement.  You may use you leave credits to supplement up to 75% or 100% of your salary. If you elect 75% supplementation, you receive a partial credit for time with CalPERS and partial credit for seniority. If you elect 100% supplementation, they receive full credit with CalPERS and for seniority. At either level of supplementation, the state will continue to pay their portion of your medical coverage premiums. Supplementation is highly recommended. 

In the baby bonding context, while ENDI covers only the employee’s medical needs during pregnancy and recovery, NDI-FCL can be used by the non-birthing parent employee to bond with the newly arrived child as well. The benefit can be used anytime during the child’s first year of life or arrival in the home.

What happens if I need to take a leave of absence to care for a family member?

Members enrolled in the Annual Leave program have access to NDI-Family Care Leave (NDI-FCL), effective July 1, 2023. (Article 11.12).

NDI-FCL provides 50% wage replacement for up to 6 weeks if you need to care for an ailing family member or if you have welcomed a new child into your home via birth, adoption, or foster placement.  You may use you leave credits to supplement up to 75% or 100% of your salary. If you elect 75% supplementation, you receive a partial credit for time with CalPERS and partial credit for seniority. If you elect 100% supplementation, they receive full credit with CalPERS and for seniority. At either level of supplementation, the state will continue to pay their portion of your medical coverage premiums. Supplementation is highly recommended. 

In the baby bonding context, while ENDI covers only the employee’s medical needs during pregnancy and recovery, NDI-FCL can be used by the non-birthing parent employee to bond with the newly arrived child as well. The benefit can be used anytime during the child’s first year of life or arrival in the home.

What if I want to switch my leave time?

NDI-FCL is only available to employees enrolled in Annual Leave. If you switch to Vacation/Sick Leave, you will not have access to paid leave to care for an ailing family member or to bond with a newly arrived child aside from any vacation or sick leave credits you have banked and as allowed under the MOU and department policy. 

What about FMLA or CFRA time?

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job protection, but not wage replacement, when an employee needs time off to care for themselves or a family member facing a medical issue. These programs allow for up to 12 weeks of job-protected leave per calendar year. The leave need not be taken consecutively, but is accounted for in total hours taken up to an amount totalling 12 weeks. An employee must have worked at least 1250 hours in the previous year to qualify for FMLA. 

This leave can be used in conjunction with leave credits, NDI, ENDI, or NDI-FCL. Using leave credits, NDI, ENDI, or NDI-FCL does not provide job protection. If you or someone you know has questions about either of these job-protected leave programs, contact CASE Staff directly for more assistance.