Pregnancy and Parental Leave
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.
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"
- Pregnancy Disability Leave Fact Sheet
| Pregnancy Disability Leave Time | CFRA Leave Time | Interaction of PDL and CFRA | Interaction of CFRA and FMLA | Interaction of PDL and FMLA |
|---|---|---|---|---|
| 4 months | twelve (12) weeks in twelve (12) mo. period | Stacked | Concurrent | Concurrent |
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.
| Bargaining Unit | Number of Eligible Paid Days | Timeframe Guidelines for the Paid Maternity/Paternity/Adoption Leave |
|---|---|---|
| Unit 1 (Physicians) | 20 Days | Days are consecutive per calendar year, and shall commence with the arrival of the employee's new child. Such leave runs concurrently with any other related leaves for which the employee is eligible. |
| Units 2, 5, 7, 9 (CSUEU) | 30 Days | Days are consecutive, unless mutually agreed otherwise by the employee and appropriate administrator, and shall commence within 60 days of the arrival of the new child. Runs concurrently with any other related leaves for which the employee is eligible. |
| Unit 3 (Faculty) | 50 Days | Days run consecutively and shall commence within a 135 day period, which begins 60 days prior to the anticipated arrival of a new child, and ends 75 days after the arrival. Runs concurrently with other maternity/paternity, pregnancy disability and/or family care and medical leave provisions of Article 22, and may be supplemented in accordance with Article 24 provisions. |
| Unit 4 (Academic Support) | 30 Days | Days are consecutive, unless mutually agreed otherwise by the employee and appropriate administrator, and shall commence within 60 days of the arrival of the new child. Runs concurrently with any other related leaves for which the employee is eligible. |
| Unit 6 (Skilled Trades) | 30 days | Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement. |
| Unit 8 (Public Safety) | 30 Days | 30 Days, 30 eight-hour days (240 hours) per calendar year, runs consecutively and commences within 60 days of after the arrival of the new child. |
| Unit 10 (IUOE) | 15 Days | Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement. |
| Unit 11 (Academic Student Employees) | None | Not available to employees within this employee category. |
| Confidential (C99) | 30 Days | Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus. |
| Management Personnel Plan (MPP) (M80) | 30 Days | Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus. |
| Executive (M98) | 30 Days | Days are consecutive and shall commence within 60 days of the arrival of a new child. |
| Excluded (E99, including TAs) | None | Not available to employees within this employee category. |