FAQs

 

 

 

What is Pregnancy Disability Leave?

 

Pregnancy Disability Leave (PDL) provides up to four months disability leave per pregnancy for a female employee who is disabled as a result of pregnancy, childbirth, or a related medical condition, regardless of length of service or time base. This provision guarantees the employee time off from work and a right to return to her same/comparable position. Pregnancy Disability Leave can be taken consecutively or intermittently.

 

 

What is the definition of “Disabled by Pregnancy”?

 

Per the expanded regulations, “disabled by pregnancy” refers to a “condition related to pregnancy, childbirth, or a related medical condition,” which can be a physical or mental condition related to pregnancy or childbirth. Such conditions may be medically advisable for an employee to either request time off or be reassigned, or request to be reasonably accommodated. An employee may also be deemed “disabled by pregnancy” due to the following:

• Post-Natal Care;

• Bed Rest;

• Gestational Diabetes;

• Pregnancy-Induced Hypertension;

• Preeclampsia;

• Post-Partum Depression;

• Severe Morning Sickness;

• Childbirth, Loss or End of Pregnancy; or

• Recovery from Childbirth, Loss or End of Pregnancy.

In order for a female employee to be considered “disabled by pregnancy,” the illness must be certified by a health care provider as defined in the Pregnancy Disability Leave Act.

 

 

How does Pregnancy Disability Leave impact Family Medical Leave (FML) and California Family Rights Act (CFRA)?

 

The CSU Family Medical Leave Policy incorporates both California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA), and, consequently, Pregnancy Disability Leave does not track against CSU Family Medical Leave.

Therefore, female employees are eligible for the following amounts of leave:

• Up to four (4) months (or 17-1/3 weeks) under the Pregnancy Disability Leave Act (per pregnancy); and

• Up to twelve (12) weeks under the CSU Family Medical Leave Policy (rolling 12-month basis).

 

 

How are my health benefits impacted while on Pregnancy Disability Leave?

 

All health benefits (i.e., medical, dental, vision) will automatically continue during the leave. During any unpaid portion of the leave, the CSU will continue to pay its normal share of any premiums and an accounts receivable will be set up for the employee’s share of the premium(s), if any. An employee has the option to discontinue medical coverage during the unpaid leave and can be reinstated upon return to active status.

 

 

Does Pregnancy Disability Leave need to be taken consecutively?

 

No. Pregnancy Disability Leave can be taken consecutively or intermittently.

 

 

How much notice is an employee required to provide the employer for a Pregnancy Disability Leave?

 

An employee must provide 30 days advance notice to their immediate supervisor or the Total Wellness office. If the 30 day notice is not practicable, notice shall be given as soon as the event necessitating the leave becomes known to the employee. Situations with extenuating circumstances will be handled on a case-by-case basis. Failure to provide timely notice may delay approval of the leave.

 

 

Do I need to provide paperwork in order to return to work after taking a Pregnancy Disability Leave?

 

Yes. An employee is required to provide a Return to Work Certification from their attending health care provider prior to their scheduled return date. An employee will NOT be allowed to return to work until certification has been submitted to the Total Wellness office.

 

 

Is Pregnancy Disability Leave a paid leave?

 

No. This leave is without pay, but the employee may use vacation, personal holiday, CTO or sick leave credits.

CSU, through policy, requires employees in classifications that earn leave credits, to apply the appropriate accrued leave credits (such as sick leave) to Pregnancy Disability Leave to maintain pay status during the disabled period. In addition, a female employee disabled due to pregnancy or childbirth, or related condition, may also be eligible for Non-Industrial Disability Insurance (NDI), administered by the Employment Development Department (EDD). Currently, EDD does not require an employee to exhaust vacation leave credits in order to qualify for NDI. This is in accordance with the Pregnancy Disability Leave Act, which permits the employee to apply vacation leave credits (or other applicable leave credits) to Pregnancy Disability Leave. Use of vacation leave credits during Pregnancy Disability Leave is applicable only as an option, and is not required of the employee. Female employees who are eligible for paid Parental Leave either by collective bargaining agreement (CBA) or through CSU Policy (non-represented employees) may also opt to utilize paid Parental Leave during the disability period, depending on the employee’s situation and available options.

 

 

Does Pregnancy Disability Leave run concurrently with Family Medical Leave (FML)?

 

No. Pregnancy Disability Leave does NOT run concurrently with Family Medical Leave. It runs consecutively with FML leave . Therefore, female employees are eligible for the following amounts of leave:

• Up to four (4) months (or 17-1/3 weeks) under the Pregnancy Disability Leave Act (per pregnancy); and

• Up to twelve (12) weeks under the CSU Family Medical Leave Policy (rolling 12-month basis).

 

 

How do I apply for Pregnancy Disability Leave?

 

To request Pregnancy Disability Leave contact the Total Wellness office.

 

 

How much time can I take off for Pregnancy Disability Leave?

 

An employee is eligible to take up to four months (88 work days for a full-time employee) of pregnancy disability leave.

 

 

Can an employee who is pregnant request special work accommodations or reassignment?

 

Yes. Per the Pregnancy Disability Leave Act, the CSU can temporarily reassign a pregnant, female employee to a less strenuous or hazardous position for the duration of the pregnancy upon request by the employee based on advice from the health care provider, if the reassignment can be reasonably accommodated.  Further, the CSU is prohibited from denying a request for reasonable accommodation to an employee affected by pregnancy if:

1. The employee’s request is based on the advice of her health care provider that reasonable accommodation is medically advisable; and

2. The requested accommodation is reasonable.

Whether or not such requests are determined to be reasonable is a factual determination to be made on a case-by-case basis, taking into consideration such factors, including but not limited to, the employee’s medical needs, the duration of the needed accommodation, the employer’s legally permissible past and current practices, and other such factors, under the totality of the circumstances.

The employee and employer shall engage in a good faith interactive process to identify and implement the employee’s request for reasonable accommodation as set forth in section 7291.17 of the Pregnancy Disability Leave Act (employer notification obligations).

 

 

Can an employee on Pregnancy Disability Leave apply for Catastrophic Leave donations?

 

Yes. An employee may be eligible for Catastrophic Leave if their pregnancy disability meets the criteria and they have exhausted all of their leave credits.