Pregnancy Leave-Baby Bonding
There are different Federal and State laws that apply to pregnancy leave. These different maternity laws provide protections to pregnant mothers. In addition it is important to know the rights that our contract also provided.
Federal and State Maternity Leave Laws
Sutter Disability Management
PO Box 160128, Sacramento, CA 95816
Main Phone 855-781-0855 Fax Phone 855-781-0860
[email protected]
PO Box 160128, Sacramento, CA 95816
Main Phone 855-781-0855 Fax Phone 855-781-0860
[email protected]
Family & Medical Leave (FMLA)
Provides up to twelve weeks of unpaid leave to eligible employees for a serious health condition due to pregnancy, childbirth, or a related medical condition, or to bond with a child after pregnancy. FMLA leave can run concurrently with PDLL at the option of the employer. This means that an employee’s PDLL can count towards the 12 weeks of leave under the FMLA. |
Pregnancy Disability Leave Law (PDLL or PDL)
Provides eligible California employees who are disabled by “pregnancy, childbirth, or a related medical condition” up to four months of unpaid leave. Under the PDLL, it is an illegal employment practice to deny leave to an eligible employee who is disabled by a pregnancy. It is also unlawful for an employer to retaliate against an employee for taking or attempting to take leave under the PDLL. When paired with CFRA, employees can get up to 7 months of leave from work (more on this later). |
Americans with Disabilities Act (ADA) & California Fair Employment & Housing Act (FEHA)
Both the ADA and FEHA provide for a right to a leave of absence as a reasonable accommodation for an employee who has a physical or mental disability as a result of pregnancy, childbirth, related medical condition, or otherwise. This right is both independent and distinct from the right to pregnancy disability leave under the PDLL. Leave under these two laws can serve as a catch-all in the event an employee is not eligible for the ones discussed above. It can also function to extend pregnancy leave as reasonably necessary once pregnancy disability leave and CFRA expire. |
California Family Rights Act (CFRA)
The CFRA is a California law that provides unpaid medical leave to eligible employees. Interestingly enough, the CFRA does not provide for any pregnancy-related leaves. In fact, the act expressly excludes any coverage for an employee’s disability due to pregnancy, childbirth or a related medical condition. It provides up to 12 weeks of leave for baby bonding following the birth of an eligible employee’s child. This leave starts when Pregnancy Disability Leave ends, meaning when the health care provider determines that the mother is no longer disabled and can return to work. |
Maternity Leave Under the Contract
15.5.1 Maternity leave without pay up to six (6) months shall be granted to all Nurses with one or more years of continuous service. This leave may be extended up to an additional six (6) months upon mutual agreement between the Medical Center and the Nurse.
15.5.2 The Medical Center agrees that they will not unreasonably withhold consent to extending the maternity leave. Three (3) weeks’ notice in writing to the Medical Center is required for return from maternity leave of absence.
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15.3 Change of Anniversary Date
Anniversary date for the purpose of salary tenure steps and PTO eligibility will not be changed until the Nurse exceeds thirty (30) consecutive days leave of absence without pay. In all cases the first thirty (30) days shall not be counted when the anniversary date is changed. 15.2 Written Authorization
At the time of such leave, the Nurse, upon request, may receive a written copy of leave of absence authorization. |
15.1 Accrual of Rights
Authorized leave of absence for any purpose shall not affect previously accumulated extended sick leave, PTO time, or tenure. While on an approved leave of absence in a paid status, all health, dental and vision insurance benefits will continue. Health, dental and vision benefits will continue for an additional 30 days as if the Nurse were still active. Thereafter, a Nurse may elect to pay health, dental and vision insurance premiums at the group rate in order to maintain coverage. An election to pay such premiums will be in writing. |
15.6 Parental Leave
The Medical Center shall grant unpaid parental leave of up to 90 days for the care of a newborn or newly-adopted child. The Medical Center will not unreasonably withhold consent of extending such leave to six (6) months.
The Medical Center shall grant unpaid parental leave of up to 90 days for the care of a newborn or newly-adopted child. The Medical Center will not unreasonably withhold consent of extending such leave to six (6) months.
California Family Rights Act (Baby Bonding)
Unlike PDL and FMLA, the California Family Rights Act (CFRA) specifically excludes pregnancy-related leave from coverage. But good news: it provides up to 12 weeks unpaid job-protected leave for “baby bonding” which typically begins after recovery from childbirth.
Am I eligible? To qualify for this leave you must (beginning January 1, 2018, as amended under Senate Bill 63):
(1) Be employed more than 12 months;
(2) Worked at least 1250 hours during previous 12 months; &
(3) Work at a worksite where employer employs at least 20 employees within 75-mile radius (brought down from 50 as of January 1, 2016 per SB 63).
Am I eligible? To qualify for this leave you must (beginning January 1, 2018, as amended under Senate Bill 63):
(1) Be employed more than 12 months;
(2) Worked at least 1250 hours during previous 12 months; &
(3) Work at a worksite where employer employs at least 20 employees within 75-mile radius (brought down from 50 as of January 1, 2016 per SB 63).