HR - Pregnancy Disability - CA

Policy Statement and Reason

For the purpose of this policy, employees include California faculty and staff unless otherwise indicated in sections below. All provisions of this policy apply, except that for employees covered by a collective bargaining agreement, this policy does not create any benefits not expressly provided by that collective bargaining agreement and if there are inconsistencies between this policy and the collective bargaining agreement, the terms of the collective bargaining agreement will govern. 

Under California’s Pregnancy Disability Leave (PDL) law, employees who are disabled by pregnancy, childbirth, or related medical conditions are entitled to an unpaid leave of absence for the period of actual disability as certified by their health care provider, up to a maximum of four (4) months.

Policy Guidelines

Eligibility

Full-time, part-time and temporary employees, and faculty are immediately eligible to take Pregnancy Disability Leave.  

Covered Medical Conditions

Conditions for which PDL is available include prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth and recovery from childbirth. 

Medical Certification

Employees are required to provide medical certification from their health care provider for any period of disability due to pregnancy. Any updated certification setting forth the need for continued leave must be submitted at least two weeks prior to the end of the scheduled leave, if practicable.  

Before employees can be reinstatement from PDL, they are required to provide medical certification of their fitness to return to work.

Pregnancy-Related Accommodations

Employees may also be eligible for reasonable accommodation during the period they are medically affected by pregnancy.  Possible accommodations include transfer to an available less strenuous position or duties that are less strenuous, provided the accommodation is not an undue hardship for the College.

Pay Continuation for Faculty Employees

Pregnancy Disability Leaves are “unpaid” periods of time eligible faculty employees may take from work for the reasons described above.

For information about any applicable pay continuation for faculty employees, please see the applicable collective bargaining agreement.

Also see:  California State Disability Insurance (SDI) and California Paid Family Leave

Pay Continuation for Staff Employees

Pregnancy Disability Leaves are “unpaid” periods of time eligible employees may take from work for the reasons described above.

Unless otherwise stipulated by applicable collective bargaining agreement, sick time, personal time, vacation time, and state-sponsored partial wage replacement benefits such as California State Disability Insurance (SDI), are ways in which employees receive compensation during Pregnancy Disability Leave.

Employees must use sick time during PDL when not receiving income replacement benefits from the state, and employees have the option to use personal and vacation time during PDL.

Use of sick time, personal time, and/or vacation is optional, not required, during periods the employee is receiving any kind of income replacement benefits, such as California State Disability Insurance, including Paid Family Leave (PFL).

Also see:  California State Disability Insurance (SDI) and California Paid Family Leave (PFL).

Intermittent or Reduced Schedule Leave

When supported by satisfactory medical documentation, leaves may be scheduled on an intermittent basis or as a reduced work schedule.  Employees must make reasonable efforts to schedule intermittent time away so as not to unduly disrupt College operations.

Coordination of Federal and State Regulations

  • FMLA and CA Pregnancy Disability Leaves: Pregnancy disability leave runs concurrently with employees’ 12-week Family Medical Leave Act (FMLA) entitlements.  However, it does not run concurrently with the California Family Rights Act (CFRA) entitlements.
  • Compliance: The College will approve leaves in compliance with Emerson policy, FMLA, CFRA, Americans with Disabilities Act (ADA), Fair Employment and Housing Act (FEHA), and other applicable state and federal laws, based on satisfactory documentation, and the needs of the college as appropriate and as stipulated by applicable collective bargaining agreements.

Return from Leave

Employees must notify Human Resources and their supervisors at least one (1) week in advance of their intention to return to work. Prior to returning, employees must provide Human Resources with documentation from their healthcare provider clearing them to return to work. 

Employees will be reinstated into the same or an equivalent position provided they return to work upon the expiration of their Pregnancy Disability Leave or, if applicable, the expiration of additional job-protected FMLA/CFRA approved leave.

Other Information

Related Policies

Responsible Officer

Please contact the Leave of Absence Administrator (Human Resources) for further information regarding this policy and its implementation.

Key Offices to Contact 

Office of Human Resources

Links to Procedures or Forms

Please contact the Leave of Absence Administrator (Human Resources) for assistance.  

 

The contents of this policy are informational only and are not conditions of employment.  This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate, or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.

 

Policy effective:  May 2019