Santa Clara University

Policy 622 - Pregnancy Disability

STATEMENT

Employees who are disabled due to pregnancy-related conditions are entitled to a leave of absence under the California Fair Employment and Housing Act (FEHA).

PROCEDURE

Employee Eligibility

All regular and temporary employees are eligible to receive a pregnancy disability leave due to their pregnancy, childbirth, or related medical conditions.

Leave Availability

An employee disabled due to pregnancy, childbirth, or related medical condition may take up to a maximum of four months leave. As an alternative, the University may transfer the employee to a less strenuous or hazardous position if the employee so requests with the advice of her physician, if a workplace needs assessment allows such a transfer. Fixed-term and temporary employees' leave will not extend beyond the end of their assignment.

Leave taken under the pregnancy disability policy is in addition to the 12 weeks allowed under the Family Medical Leave Act (FMLA). Temporary employees are not eligible for an FMLA leave.

Compensation During Leave

Upon the start of an approved pregnancy disability leave, any accrued sick leave will be coordinated with any short term disability payments. At no time shall an employee receive a greater total payment than the employee's regular net pay. The use of accrued vacation, once the sick leave is exhausted, is at the discretion of the employee and will not be integrated with any other type of payment being received. Once authorized accruals have been exhausted, the paid leave will end.

Notification and Certication Requirements

Employees requesting to take a pregnancy disability leave must submit an approved Request for Leave of Absence form to the Human Resources at least 30 days prior to the start of the disability or at the earliest reasonable time.

In addition, employees must provide an initial physician's certification of disability indicating the expected duration of the disability. The certification must be updated to reflect changes in the employee's condition. Disability approval is also required by the Short Term Disability insurer.

RESPONSIBILITY

It is the employee's responsibility to coordinate all leave time with the supervisor. It is the responsibility of the supervisor to administer the leave provisions detailed in this policy.

RESOURCE

Refer to Family & Medical (614), Personal (617), and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources for questions or more information about this policy.

Policy Approved: October 23, 1998

Last Updated: October 28, 1998
Maintainer: Human Resources