[Collective bargaining contracts govern this policy area and the following personnel policy pertains only to employees not governed by a collective bargaining agreement. Represented employees should refer to either the AFSCME, ATU, CSEA, EGEA or PSWA contract for this policy area.]
Any employee who is disabled by pregnancy, childbirth or related medical conditions may request a pregnancy disability leave. This leave may be used for the period of actual disability up to a maximum of four (4) months. This leave will run concurrently to any family care or medical leave to which the employee may be entitled under the district's FMLA policy.
Reassignments
Upon request, the district will provide a reasonable accommodation to an employee disabled by pregnancy, childbirth or related medical condition. Such reasonable accommodation may include a temporary reassignment to a less strenuous or hazardous position. A reassignment is available if:
1. The employee requests it;
2. The request is supported with a medical certification from her health care provider; and
3. She is qualified to perform the job. However, the district will not create an additional position for such an accommodation nor will the district discharge any employee or reassign an employee with more seniority. The district maintains discretion to consider other factors not mentioned here.
Substitution of Paid Leave for Pregnancy Disability Leave
An employee taking pregnancy disability leave must use any available sick leave and may, at her option, use any accrued vacation time for her leave. The use of paid leave does not extend the total duration of the leave to which the employee is entitled.
Effect of Pregnancy Disability Leave on Pay
Except to the extent that paid leave is used, pregnancy disability leave is unpaid.
Effect of Pregnancy Disability Leave on Benefits
During an employee's pregnancy disability leave, the district shall continue to pay for the employee's participation in the district's health plans, to the same extent and under the same terms and conditions as if the employee had not taken leave.
If the employee fails to return from the leave for a reason other than complications relating to the pregnancy, or other circumstances beyond the employee's control, the employee may be required to reimburse the district for any health premiums paid on the employee's behalf during any unpaid periods of leave. The employee may also be required to reimburse the district for such health premiums paid during the employee's unpaid leave if, upon the employee's return, the employee requests and is granted a reduced work schedule for which such benefits would not ordinarily be paid by the district.
Procedures for Requesting Leave
Requests for pregnancy disability leave or an extension of the leave must be submitted in writing on a Leave of Absence Request form thirty (30) days prior to the commencement date, unless when medical conditions make such a requirement impossible. The employee may be required to submit verification of physical condition from a health care professional. Extensions of pregnancy disability leaves are ordinarily not granted, but under critical circumstances may be granted with the Board's or its designee's approval.
A request to extend a leave must be submitted in writing to Human Resources as soon as the employee has reason to believe an extension is necessary but in no event less than five (5) days before the employee's scheduled date of return.
Procedures for Reinstatement
Upon return from pregnancy disability leave, employees will be reinstated to their prior position, or if unavailable, a comparable position for which the employee is qualified.
Employees on pregnancy disability leave must notify Human Resources of their availability to return to work at least five (5) days prior to the end of leave.
The district may require an employee to bring a statement from her doctor indicating that she is physically able to resume her regular work prior to return from pregnancy disability.
An employee's failure to return from leave may subject the employee to discipline for job abandonment.
California Family Rights Act
An employee is entitled to four (4) months of pregnancy disability leave for pregnancy, childbirth or other related condition. At the end of the employee's four (4) month pregnancy disability leave, under Government Code section 12945(b)(2), the employee may take up to twelve (12) workweeks of leave for the birth of a child under CFRA. The district may, but is
not required to, allow an employee to use CFRA leave prior to the birth of a child if the employee has already used the four (4) months of pregnancy disability leave and the employee's health care provider determines that the leave is medically necessary.
Employees are entitled to take leave under CFRA for any reason authorized by law.
An employee's failure to return from leave may subject the employee to discipline for job abandonment.
Child Rearing Leave
Upon request, the board may provide an employee who is a natural or adopting parent an unpaid leave of one (1) year for child rearing. This leave may be extended for a total of two (2) years.
Legal Reference:
EDUCATION CODE
44965 Granting of leaves of absence for pregnancy and childbirth
44978 Provisions for sick leave of certificated employees (the right to use sick leave for maternity purposes)
45193 Leaves of absence for pregnancy
Policy ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: December 3, 1984 Elk Grove, California
revised: July 1, 2002