Pregnancy Leave

Submitted by TMHopkins on Thu, 05/06/2021 - 20:37
Policy: 

Pregnancy, childbirth, or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave. Under California’s Pregnancy Disability Leave (PDL), employers are required to accommodate employees with a pregnancy disability. Your health care provider will recommend how long you need to take leave from work, but you are entitled to up to four months of PDL per pregnancy. This leave is in addition to any other leave for which you may be eligible under the provisions of the Fair Employment and Housing Act, California Medical Leave Act, other state laws and local ordinances, and Mains’l’s leave policies.

Eligibility:

There is no minimum requirement for number of hours or years worked to be eligible. Your health care provider should recommend PDL in order to apply for it.

Procedure: 

Any employee planning to take pregnancy disability leave should advise the HR Generalist as early as possible. The individual should make an appointment with the HR Generalist to discuss the following conditions:

  1. Employees who need to take pregnancy disability are required to inform Mains’l when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employees are required to provide notification at least 30 days before the pregnancy disability leave or transfer is to begin. Employees are required to consult with the HR Generalist regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the employee’s health care provider;
  2. If 30 days’ advance notice is not possible, notice is required to be given as soon as practical;
  3. Upon the request of an employee and recommendation of the employee’s physician, the employee’s work assignment may be changed if necessary to protect the health and safety of the employee and her child;
  4. Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not breached;
  5. Temporary transfers due to health considerations will be granted when possible. However, the transferred employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons;
  6. Pregnancy leave usually begins when ordered by the employee’s physician. The employee is required to provide Mains’l with a certification from a health care provider. The certification indicating disability should contain:
    1. The date on which the employee became disabled due to pregnancy;
    2. The probable duration of the period or periods of disability; and
    3. A statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.
  7. Leave returns will be allowed only when the employee’s physician sends a release;
  8. An employee will be required to use accrued sick time (if otherwise eligible to take the time) during a pregnancy disability leave. An employee is able to use accrued vacation or personal time (if otherwise eligible to take the time) during a pregnancy disability leave; and;
  9. Duration of the leave will be determined by the advice of the employee’s physician, but employees disabled by pregnancy may take up to four months. Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by the employee’s pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care.

Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of four hours.

Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed.