Pregnancy Disability Leave. Employees shall be entitled to use personal illness leave as set forth in this section for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom on the same terms and conditions governing leaves of absence for other illnesses, injuries or medical disabilities. Such leave shall not be used for childcare, childrearing or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom. 14.19.1 Employees shall be entitled to leave without pay or other benefits for disability caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s certificate. The District may require verification of the disability. 14.19.2 An employee who takes a pregnancy disability leave is also entitled to take leave under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if she meets the eligibility requirements for a FMLA/CFRA leave. That means that an employee who is eligible for FMLA/CFRA leave may choose to utilize FMLA/CFRA leave to bond with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, CFRA leave may commence upon exhaustion of the four months of PDLA leave or at the end of the employee’s pregnancy disability, whichever occurs first. 14.19.3 An employee on pregnancy disability leave for four months or less shall be entitled to return to the same assignment held at the time such leave commenced. If that position is not available, the assignment of the employee upon return to work shall be comparable to that held at the time pregnancy disability leave began.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Pregnancy Disability Leave. Employees Pregnancy Disability leave may be granted to full-time faculty under the following rules and regulations:
15.6.1 An expectant full-time faculty member shall file a statement from her physician no later than the third (3rd) month of pregnancy indicating the estimated date of delivery and that the employee is in good health and that, in the physician's judgment, she can continue to carry on her assigned duties and responsibilities without danger to herself or her child.
15.6.2 The employee may request a leave four (4) months before the expected date of birth of the child, but may continue to work as long as her health will permit and as certified by her doctor. The employee's supervisor or the Xxxx shall make a monthly report verifying that the employee has carried out her duties and responsibilities on a regular basis. Any irregularities will be entitled reported to use personal illness the President/Superintendent who will determine whether the employee's leave as set forth in this section should be started immediately. Irregularities would include absence from duty inconsistent with previous absence patterns or physical incapacity while working.
15.6.3 Upon termination of the pregnancy, the employee may return to work upon presentation of a certificate from her physician indicating that her health is such that she is able to resume her regularly assigned duties.
15.6.4 An employee disabled by pregnancy may request a pregnancy disability leave of absence. The pregnancy disability leave of absence is for the disabilities period of time that the employee is disabled up to a maximum of four months. While an employee is rendering service to the District and is not on leave, any period of actual physical disability, caused or contributed to by pregnancy, miscarriage, childbirth and/or abortion, childbirth, and recovery therefrom on the same terms therefrom, shall be treated as any other physical disability and conditions governing leaves of absence for other illnesses, injuries or medical disabilities. Such any accumulated sick leave shall not be used available to the employee. After the employee’s accumulated sick leave is exhausted, the employee will receive differential sick leave pay during the time the employee is disabled until the differential leave is exhausted. Physical disability, for childcarethe purposes of this policy, childrearing or preparation for childbearing, but shall be limited defined as a period during which the employee is unable to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefromperform job-related duties.
14.19.1 Employees 15.6.5 The period of disability shall be entitled to leave without pay or other benefits for disability caused or contributed to determined by pregnancy, miscarriage, childbirth and/or recovery therefrom. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s certificateemployees’ physician. The District may require verification may, at its option, obtain other medical opinions. Any period beyond, or in addition to, a period of the disability.
14.19.2 An employee who takes a pregnancy disability leave is also entitled to take leave under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if she meets the eligibility requirements for a FMLA/CFRA leave. That means that an employee who is eligible for FMLA/CFRA leave may choose to utilize FMLA/CFRA leave to bond with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, CFRA leave may commence upon exhaustion of the four months of PDLA leave or at the end of the employee’s pregnancy physical disability, whichever occurs first.
14.19.3 An during which the employee on pregnancy disability leave for four months or less wishes to remain away from the job, shall be entitled to return to the same assignment held at the time such treated as an unpaid leave commenced. If that position is not available, the assignment of the employee upon return to work shall be comparable to that held at the time pregnancy disability leave beganabsence under Family and Medical Care Leave (15.7).
Appears in 4 contracts
Samples: Employment Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Pregnancy Disability Leave. Employees shall be entitled to use personal illness leave as set forth in this section PDL
21.1 The California Department of Fair Employment and Housing Act (FEHA) provides for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom on the same terms and conditions governing leaves of absence for other illnesses, injuries or medical disabilities. Such leave shall not be used for childcare, childrearing or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom.
14.19.1 Employees shall be entitled to leave without pay or other benefits for disability caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s certificate. The District may require verification of the disability.
14.19.2 An employee who takes a pregnancy disability leave is (PDL) for each pregnancy of an eligible Unit member (as defined in Section 21.2 below). FEHA also entitled to take leave under provides reasonable accommodation for pregnancy, childbirth or a related medical condition upon written verification of the need for accommodation from the Unit member’s treating physician. PDL will run concurrently with the Family and Medical Leave Act (FMLA) or leave if the Unit member is eligible for FMLA leave. PDL will not run concurrently with the California Family Rights Act (CFRA) if she meets the eligibility requirements leave.
21.2 Full-time and part-time Unit members may be eligible for a FMLA/CFRA leavePDL. That means that an employee who A Unit member is eligible for FMLA/CFRA PDL if they have written verification from their treating health care provider that they are actually disabled and unable to perform one or more of the essential functions of their position due to pregnancy, childbirth or a related medical condition.
21.3 PDL is an unpaid leave may choose to utilize FMLA/CFRA leave to bond that will run concurrently with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability Unit member’s sick leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, CFRA leave may commence upon exhaustion of the four months of PDLA leave or at until the end of the employee’s PDL or until the Unit member exhausts all of their sick leave. If the Unit member exhausts all of their available sick leave and is still disabled due to a pregnancy disabilityrelated condition, whichever occurs firstthey will request an unpaid leave of absence.
14.19.3 An employee on pregnancy disability 21.4 PDL is an unpaid leave and if it runs concurrently with FMLA leave, the Unit member’s health benefits will continue under the FMLA leave.
21.5 PDL will continue for the period that the Unit member is disabled but may not exceed four (4) months or less shall eighty-eight (88) work days.
21.6 PDL may be entitled taken for eighty-eight (88) consecutive work days, or intermittently in one
(1) or more hour increments, as needed for pregnancy related disabling conditions certified by the treating physician.
21.7 If it is foreseeable that the Unit member will need to return take PDL, they are required to give notice thirty (30) days prior to taking the leave. However, if the disability is not foreseeable then the Unit member will be granted the leave upon presentation of medical verification for the need for the leave.
21.8 PDL may be exhausted before an eligible Unit member begins to use their CFRA child bonding leave. (See Article 26 FMLA – CFRA)
21.9 As provided by law, a Unit member will be returned to the same assignment held at the time such leave commencedFaculty position upon completion of PDL. If that position The District is not available, the assignment of the employee upon return required to reemploy a part-time Unit member in a subsequent semester solely because they left work shall be comparable due to that held at the time pregnancy disability leave beganleave. The part-time Unit member on PDL will be considered for future assignments as if they had not left due to disability.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pregnancy Disability Leave. Employees shall be entitled to use personal illness leave as set forth in this section PDL
21.1 The California Department of Fair Employment and Housing Act (FEHA) provides for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom on the same terms and conditions governing leaves of absence for other illnesses, injuries or medical disabilities. Such leave shall not be used for childcare, childrearing or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom.
14.19.1 Employees shall be entitled to leave without pay or other benefits for disability caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s certificate. The District may require verification of the disability.
14.19.2 An employee who takes a pregnancy disability leave is (PDL) for each pregnancy of an eligible unit member (as defined in Section 21.2 below). FEHA also entitled to take leave under provides reasonable accommodation for pregnancy, childbirth or a related medical condition upon written verification of the need for accommodation from the unit member’s treating physician. PDL will run concurrently with the Family and Medical Leave Act (FMLA) or leave if the unit member is eligible for FMLA leave. PDL will not run concurrently with the California Family Rights Act (CFRA) if she meets the eligibility requirements leave.
21.2 Full-time and part-time unit members may be eligible for a FMLA/CFRA leavePDL. That means that an employee who A unit member is eligible for FMLA/CFRA PDL if she has written verification from her treating health care provider that she is actually disabled and unable to perform one or more of the essential functions of her position due to pregnancy, childbirth or a related medical condition.
21.3 PDL is an unpaid leave may choose to utilize FMLA/CFRA leave to bond that will run concurrently with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability unit member’s sick leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, CFRA leave may commence upon exhaustion of the four months of PDLA leave or at until the end of the employeePDL or until the unit member exhausts all of her sick leave. If the unit member exhausts all of her available sick leave and is still disabled due to a pregnancy related condition, she will request an unpaid leave of absence.
21.4 PDL is an unpaid leave and if it runs concurrently with FMLA leave, the unit member’s health benefits will continue under the FMLA leave. However, continuation of health benefits is not required by FEHA for PDL.
21.5 PDL will continue for the period that the unit member is disabled but may not exceed four (4) months or 88 work days.
21.6 PDL may be taken for 88 consecutive work days or in one or more hour increments as needed for pregnancy disabilityrelated disabling conditions certified by the treating physician.
21.7 If it is foreseeable that the unit member will need to take PDL, whichever occurs first.she is required to give notice 30 days prior to taking the leave. However, if the disability is not foreseeable then the unit member will be granted the leave upon presentation of medical verification for the need for the leave.
14.19.3 An employee on 21.8 PDL may be exhausted before an eligible unit member begins to use her CFRA child bonding leave. (See Article 26 FMLA – CFRA)
21.9 As provided by law, a unit member will be returned to the same or a comparable position which she left due to pregnancy. A unit member who takes a pregnancy disability leave for four months or less shall be entitled have no greater right to return reinstatement to the same assignment held at the time such leave commencedor comparable position than if she had remained continuously employed. If that position The District is not available, the assignment of the employee upon return required to reemploy a part-time unit member in a subsequent semester solely because she left work shall be comparable due to that held at the time pregnancy disability leave began.leave. The part-time unit member on PDL will be considered for future assignments as if she had not left due to disability.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pregnancy Disability Leave. Employees a. During the period of verified pregnancy-related/childbearing disability, a female employee is entitled to and the University shall grant a medical leave of absence of up to four months. If the pregnancy-related/childbearing medical disability continues beyond four months, a medical leave of absence may be granted in accordance with Section C.4.a, above, for a total medical absence not to exceed six months. Additionally, the employee may be eligible for a parental leave to care for a newly born child in accordance with Section D, Family Care and Medical Leave. When parental leave is granted under Section D, Family Care and Medical Leave, the total of parental leave and pregnancy-related/childbearing disability leave, when taken in conjunction, shall not exceed seven months in the leave year.
b. If an employee on approved Pregnancy Disability Leave is also eligible for leave under the federal Family and Medical Leave Act, up to 12 workweeks of such leave shall run concurrently. Upon termination of Pregnancy Disability Leave that runs concurrently with federal Family and Medical Leave, an employee shall also be entitled to use personal illness leave as set forth in this section up to 12 workweeks of State Family Care and Medical Leave for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom on the same terms and conditions governing leaves of absence for other illnesses, injuries or medical disabilities. Such leave shall not be used for childcare, childrearing or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom.
14.19.1 Employees shall be entitled to leave without pay or other benefits for disability caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery therefrom. Total length of any covered reason except leave for pregnancy or a pregnancy-related disability medical condition provided the employee has not exhausted her FMLA/CFRA leave entitlement for that leave year.
c. When medically necessary, and supported by medical certification, the University shall not exceed grant an employee Pregnancy Disability Leave on a reduced work schedule or on an intermittent basis including absences of less than one day. Only the time actually spent on the intermittent or reduced leave schedule shall be counted towards the employee's entitlement of four (4) months subject in any twelve-month period.
d. As an alternative to, or in addition to pregnancy disability leave, the following conditions: A University shall temporarily transfer a pregnant employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted a less strenuous or hazardous position upon the necessary doctor’s certificate. The District may require verification request of the disability.
14.19.2 An employee who takes a pregnancy disability leave is also entitled to take leave under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if she meets the eligibility requirements for a FMLA/CFRA leave. That means that an employee who is eligible for FMLA/CFRA leave may choose to utilize FMLA/CFRA leave to bond and with the baby (advice of the employee's health care provider, if the transfer can be reasonably accommodated. For the purpose of this section, a temporary transfer includes a temporary modification of the employee's own position to make it less strenuous or for another FMLA/CFRA qualifying event), and still hazardous. A temporary transfer under this section shall not be eligible to then take counted toward an employee's entitlement of up to four 4 months of pregnancy disability leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, CFRA unless the employee is also on a reduced work schedule or an intermittent leave schedule.
e. Pregnancy Disability Leave may commence upon exhaustion consist of leave without pay; however, an employee shall be required to use accrued sick leave in accordance with the four months University's Disability Plan. If accrued sick leave is exhausted, an eligible employee may elect to use accrued vacation prior to taking medical leave without pay, but not to exceed a total medical absence from work of PDLA leave or at six months. In the end of event that the employee’s pregnancy disability's accrued sick leave is greater than six months, whichever occurs first.
14.19.3 An employee on pregnancy disability a medical leave for four months or less shall be entitled to return of absence without pay, in addition to the same assignment held at the time such leave commenced. If that position is use of all accrued sick leave, shall not available, the assignment of the employee upon return to work shall be comparable to that held at the time pregnancy disability leave begangranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Pregnancy Disability Leave. Employees covered by this agreement shall be entitled to use personal illness leave as set forth in this section (sick leave) for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or childbirth, and recovery therefrom on the same terms and conditions governing leaves of absence for other illnessesillness, injuries injuries, or medical disabilities. Such leave shall not be used for childcarechild care, childrearing child rearing, or preparation for childbearingchild bearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth childbirth, or recovery therefrom.
14.19.1 Employees . The length of such pregnancy disability leave, to include specific dates, shall be entitled to leave without pay or other benefits for disability caused or contributed to determined by pregnancy, miscarriage, childbirth and/or recovery therefromthe employee and employee's physician. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant An employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s 's certificate. The District may require verification of An employee shall be entitled to leave without pay or other benefits for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery therefrom when all current accumulated sick leave and paid vacation has been exhausted, to the disability.
14.19.2 extent provided by law. An employee who takes a pregnancy disability leave is may also be entitled to take leave under the Family Medical Leave Act (FMLA) or the California Family Rights Act Acts (CFRA) if she meets the eligibility requirements for a FMLA/CFRA leave. That means that an employee who is eligible for FMLA/CFRA leave may choose to utilize FMLA/CFRA leave to bond with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, and may also be eligible for up to an additional twelve (12) weeks of CFRA leave to bond with the baby, or for another CFRA qualifying event such as to bond with an adopted child, or to care for a parent, spouse or child with a serious health condition. This policy shall be construed as requiring the Board of Education to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for other illness, injuries, or disabilities. Employees who are granted leave with or without pay under the provisions of this section shall continue to be eligible for health and welfare benefits under prevailing terms and conditions provided by Article 8 to the extent provided by law. Whenever the District determines that it may commence upon exhaustion be appropriate to require additional verification of the four months extent of PDLA leave or at the end any of the employee’s pregnancy disabilitydisabilities referred to above, whichever occurs first.
14.19.3 An employee on pregnancy disability leave for four months or less said verification shall be entitled achieved through one (1) of the following two (2) methods with the option to return to be exercised by the same assignment held at affected employee; in the time such leave commenced. If that position is event the employee does not availableexercise an option upon request, the assignment District may proceed with procedure "1" below:
1. District management may require a verification of the extent of disability through a physical examination of an employee upon return to work by a physician appointed by the District, at District expense; or,
2. An additional examination shall be comparable conducted by the employee's physician at District expense. In the event the employee chooses to that held at exercise this option, the time pregnancy disability employee's physician verification shall be on a form provided by the District. For the purpose of this section, as well as any other relevant clause in this Agreement, days of differential sick leave beganas provided for in Education Code Section 45196 shall be computed as of, and run concurrently with, the first day of absence due to illness or accident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Pregnancy Disability Leave. Employees covered by this agreement shall be entitled to use personal illness leave as set forth in this section (sick leave) for the disabilities caused or contributed to by pregnancy, miscarriage, childbirth and/or recovery childbirth, and recover therefrom on the same terms and conditions governing leaves of absence for other illnessesillness, injuries injuries, or medical disabilities. Such leave shall not be used for childcare, childrearing child rearing, or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth childbirth, or recovery therefrom.therefrom as follows:
14.19.1 Employees 14.14.1 The length of such pregnancy disability leave, to include specific dates, shall be entitled to leave without pay or other benefits for disability caused or contributed to determined by pregnancy, miscarriage, childbirth and/or recovery therefromthe employee and employee’s physician. Total length of leave for a pregnancy-related disability shall not exceed four (4) months subject to the following conditions: A pregnant An employee may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required duties and responsibilities and has submitted the necessary doctor’s certificate. The District may require verification of the disability.
14.19.2 14.14.2 An employee shall be entitled to leave without pay or other benefits for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recover therefrom when all current accumulated sick leave and paid vacation has been exhausted, to the extent provided by law.
14.14.3 An employee who takes a pregnancy disability leave is may also be entitled to take Parental and Child Bonding Leave under Article 14.3 above leave under the Family Medical Leave Act (FMLA) or the California Family Rights Act Acts (CFRA) if she meets the eligibility requirements for a FMLA/CFRA leave. That means that an employee who is eligible for FMLA/CFRA leave may choose to utilize FMLA/CFRA leave to bond with the baby (or for another FMLA/CFRA qualifying event), and still be eligible to then take up to four months of pregnancy disability leave for her pregnancy disability provided her disability persists. While FMLA leave runs concurrently with pregnancy disability leave, and may also be eligible for up to an additional twelve (12) weeks of CFRA leave may commence upon exhaustion of to bond with the four months of PDLA leave baby, or at the end of the employee’s pregnancy disabilityfor another CFRA qualifying event such as to bond with an adopted child, whichever occurs firstor to care for a parent, spouse or child with a serious health condition.
14.19.3 An employee on pregnancy disability leave for four months or less 14.14.4 This policy shall be entitled construed as requiring the Board of Education to return grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for other illness, injuries, or disabilities.
14.14.5 Employees who are granted leave with or without pay under the provisions of this section shall continue to be eligible for health and welfare benefits under prevailing terms and conditions provided by in this Agreement to the same assignment held at the time such leave commenced. If that position is not available, the assignment of the employee upon return to work shall be comparable to that held at the time pregnancy disability leave beganextent provided by law.
Appears in 1 contract
Samples: Collective Bargaining Agreement