PREGNANCY DISABILITY LEAVE (PDL)

Risk Management & Benefits

Effective January 1, 2005

1.  Policy: California employees who become disabled by pregnancy, childbirth or related medical conditions may request Pregnancy Disability Leave (PDL) in accordance with the guidelines as described in the CSEA & UF agreement. These guidelines are intended to and will be interpreted to comply with all applicable federal and state laws; and in particular, with the California Fair Employment and Housing Act ("FEHA"). Eligibility for PDL may be separate from any leave that employees may be entitled to under the federal Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA").

2.  Duration: PDL may be available for the period of actual disability caused by pregnancy, childbirth or related medical conditions up to a maximum of four months. PDL does not need to be taken in one continuous period of time, but can be taken on an as-needed basis. If taken on an as-needed basis, every effort should be made to minimize the disruption to GCCCD business. Time off for prenatal care, severe morning sickness, doctor ordered bed rest, childbirth, and recovery from childbirth, will all be counted against the PDL entitlement.

At the end of the employee's period of pregnancy disability (not to exceed four months), employees who are also eligible for a Family and Medical Leave (FMLA/CFRA), may take a leave up to 12 additional weeks for reasons of the birth of a child. The maximum possible combined leave for both Family and Medical Leave (FMLA/CFRA) and Pregnancy Disability Leave (PDL) for the reason of the birth of the child is 4 months and 12 weeks. This assumes that the employee is disabled by childbirth or related medical conditions for four months and then requests, and is eligible for, a 12-week family leave for the reason of the birth of a child. Pregnancy-related disability leave may be counted towards an employee's FMLA entitlement, but is in addition to an employee’s entitlement to leave under the California Family Rights Act (CFRA).

3. Pay During PDL: Pregnancy Disability Leave is unpaid, except to the extent an employee has available sick leave, vacation time, or personal holiday time or donated sick time. Employees on a designated PDL must exhaust any accrued but unused sick leave during the period of the leave and may elect to use any accrued but unused vacation and/or, personal holiday time during the period of the leave.

Any portion of a leave that occurs after all paid time off has been exhausted is without pay. Any unpaid or paid portions of a leave shall be added together and will not extend the 4 month total leave period limitation allowed under this pregnancy-related disability leave policy.

Employees are responsible for applying for any applicable state or other disability income benefits. Any vacation, sick leave, or personal holiday time that is paid during a PDL will be coordinated as appropriate with any State Disability benefits in an effort to minimize the impact of a leave of absence for the employee. Claim forms for California State Disability benefits are available through the Employment Development Department’s website at www.edd.cahwnet.gov/diind.htm.

4.  Benefits During PDL: Employees who take a pregnancy-related disability leave will be entitled to continue group health insurance coverage on the same terms as an unpaid leave of absence or as a leave covered under FMLA, whichever is applicable.

Additionally, if the employee is in a paid leave status from GCCCD, holidays that falls within the leave period will be considered paid holidays, not vacation, sick leave, compensatory or personal holiday time. Any portion of a leave that occurs after all paid time off benefits have been exhausted will be without pay.

Employees on an unpaid PDL will not accrue additional benefits such as vacation, sick leave or holiday pay. However, employees will retain their employee status during the period of the approved PDL, and their absence will not be considered a break in service for purposes of determining longevity. Once an employee returns from PDL, the employee will be credited with service accrued during the period of the PDL.

5.  Procedure: An employee who plans to request a PDL must provide written notice by completing the "Request for Leave" form and submitting it to the Risk Management/Benefits Department. Employees must provide at least 30 days notice when the need for a pregnancy-related disability leave is foreseeable. In the event of an emergency, or when the need for a leave is not foreseeable, notice must be given to GCCCD within seven business days of learning of the need for the leave.

The employee must provide Risk Management/Benefits Office with written medical verification by a certified health care provider of the need for a disability leave.

The certification should include:

• The date on which the employee became disabled due to pregnancy;

• The probable duration of the period(s) of disability;

• If the request is for leave, a statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of the position without undue risk to the employee or others, or to the successful completion of the pregnancy;

Medical certification should be provided, where possible, in advance of the leave, but not later than 15 calendar days from Risk Management/Benefits Department request.

6.  Pregnancy Disability Leave Risk Management /Benefits

Effective 1/1/2005

Except in cases of emergency, where prior notice cannot be given, a request for leave may be denied or deferred until appropriate notification and medical verification are given.

If an employee requests an extension of the leave beyond the time estimated by the health care provider, the employee must submit recertification prior to the original expiration date. Extensions will not be granted that cause the total period of the pregnancy-related disability leave to exceed the 4-month limitation.

GCCCD requires written medical verification by a health care provider of an employee’s ability to return to the original job duties at the end of a PDL.

California Pregnancy Leave Integrated With The FMLA
CFRA runs concurrently with FMLA, except in the case of PDL