Leave Benefits Summary

Maternity/Paternity/Adoption

Most employees are eligible for paid maternity/paternity/adoption leave according to their collective bargaining agreement. Employees on maternity leave are eligible to use a limited amount of sick leave accrual for the period of time during the disability portion of the leave, which consists of the time in which medical certification is provided by the physician that the employee is physically unable to work for health reasons due to pregnancy; this is usually six to eight weeks from the date of birth, and may be a short period before the birth date. Non-Industrial Disability Leave may be applied for after exhaustion of sick leave and accruals during the disability portion of the leave, and after the waiting period has been met. Additional time for parental leave may be requested in accordance with applicable laws and the appropriate Collective Bargaining Agreement. More details on specific benefits can be found by reviewing the Memorandum of Understanding based on Collective Bargaining.

Sick Leave

May be used according to CSU policy and collective bargaining agreements.

Government Code - Pregnancy Disability Leave

Pregnancy disability leave permits a female employee up to four months leave for the period during which she is disabled due to pregnancy, childbirth, or a related medical condition. An employee is considered disabled if she is unable to perform one or more essential functions of her job due to pregnancy or related health conditions. The employee is required to provide medical verification from her doctor. During the period of disability, the employee may use any accrued leave the employer makes available to temporarily disabled employees.

• Notice B: "Family Care and Medical Leave and Pregnancy Disability Leave"

Family Care & Medical Leave Act (FMLA)

Entitles eligible employee up to twelve (12) weeks of time off, in a twelve (12)-month period, for a serious health condition or to care for a new child. In the case of pregnancy/childbirth, FML does not require the mother be disabled or that the child be ill; additionally, pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the twelve (12) weeks of leave.

• Must have been employed for at least twelve (12) months (not necessarily continuously) and must have worked 1,250 hours preceding the leave. Note: CSU eliminated the 1,250 work hour requirement for full-time and part-time employees in the following employee groups: Unit 4 (APC) and Units, 2, 5, 7, and 9 (CSUEU) pursuant to their respective collective bargaining agreements.
• This period of time may be paid or unpaid, depending upon other benefits available.
• This provision guarantees the employee time off from work, continuing benefits, and a right to return to the same/comparable position.
• The CSU incorporates both the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave entitlements and run concurrently.

California Family Rights Act (CFRA)

Entitles eligible employees for up to twelve (12) work weeks of time off, in a twelve (12) month period, for a serious health condition or to care for a new child. At the end of an employee's period(s) of pregnancy disability leave, a CFRA-eligible employee may request a CFRA leave of up to twelve (12) work weeks for reason of birth of her child if the child has been born by this date. There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by her pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of her child. The CFRA does not provide for a leave for the employee's own serious health condition when it is caused by pregnancy, childbirth, or related medical condition.

• Must be either a full-time or part-time employee working in California
• Must have been employed more than twelve (12) months (52 weeks) of service with the employer.
• This period of time may be paid or unpaid, depending upon other benefits available.
• This provision guarantees the employee time off from work, continuing benefits, and a right to return to the same/comparable position.
• The CSU incorporates both the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave entitlements and run concurrently.

Education Code 89519 - Pregnancy Leave

Provides permanent female employees with up to twelve (12) months of time off due to pregnancy/childbirth. This time off is not predicated upon disability.

• This period of time may be paid or unpaid, depending upon other benefits available
• This program runs concurrently with other leave programs.

Non-Industrial Disability Insurance

Provides paid benefits for eligible female employees up to six (6) weeks for normal pregnancy/delivery and up to twenty-six (26) weeks for complications of pregnancy/delivery or other extended disabilities.

• This benefit begins when sick leave credits are exhausted. Employee may elect to use other leave credits in addition to sick leave prior to applying for NDI benefit.
• This program runs concurrently with other programs.
• This provision guarantees the female employee time off work, continuing benefits, and a right to return to her same/comparable position.

Paid Maternity/Paternity/Adoption Leave

The Maternity/Paternity/Adoption leave is a paid leave associated with the birth of an employee's own child or the placement of a child with the employee in connection with adoption or foster care. This type of absence is not charged against the employee's leave credits, and the amount of paid days is based on employee category.

Paid Maternity/Paternity/Adoption leave runs concurrently with any other related leaves for which the employee is eligible. The chart below is a reference that can be used to determine the amount of paid maternity/paternity/adoption leave an employee is entitled to under this program.