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MATERNITY/PATERNITY LEAVE FAQ'S
I JUST FOUND OUT I’M PREGNANT – WHAT SHOULD I DO?
Let your site administrator or supervisor know so that preliminary planning for coverage of your position can begin. Schedule an appointment with Human Resources Office. When you have a the health care provider's note with your due date.HOW LONG CAN I KEEP WORKING?
You can work as long as you and your doctor agree. This is a medical decision that will not be made by the District.
I AM NOT DUE FOR A FEW WEEKS, BUT MY DOCTOR HAS PLACED ME OFF WORK. WHAT DO I DO?
If your date of release from work has changed, please submit an updated doctor’s note to Human Resources with your new release from work date.
WHAT IS PDL?
PDL stands for Pregnancy Disability Leave. PDL begins the first date you are placed off work for your pregnancy and/or delivery and continues as long as your doctor indicates; of for a maximum of 17 1/3 weeks, whichever comes first. Employees are paid out of available sick leave.
WHAT IS FMLA?
FMLA stands for Family Medical Leave Act. FMLA allows qualified employees to take up to 12-weeks of job-protected leave and runs concurrently with Pregnancy Disability Leave (PDL). The employee would access sick time during the period of PDL, but continued leave under FMLA would be unpaid. Since not all employees qualify for FMLA, please check with the Human Resources department for eligibility requirements. The District will send FMLA eligibility paperwork to you when you begin your PDL. FMLA leave begins the first day you are placed off work for your pregnancy and/or delivery and runs concurrently with depletion of sick leave. FMLA also allows you to have the District continue contributions to medical and dental benefits. The employee will still be responsible for his/her portion of the benefit cost. FMLA is limited to 12 workweeks every 12 months. The 12 month period is measured forward from the date of your first FMLA leave usage.
WHAT IS EDUCATION CODE PARENTAL BONDING LEAVE?
Education Code Parental Bonding Leave extends 12 work weeks of differential or half pay entitlements during bonding leave to almost all school employees. Education Code Parental Bonding Leave which it defines as “leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee” applies to eligible certificated and classified employees of the District who have been employed for with the District for at least 12 months. Education Code Parental Bonding runs concurrently with FMLA and CFRA Leaves for Paternity Leave, while Education Code Parental Bonding Leave runs consecutively to FMLA Leave and concurrently with CFRA Leave for Maternity Leave.
I DELIVERED MY BABY, NOW WHAT?
Please have a conversation with your health care provider to determine your return date. Have the acting health care provider complete a note “Clearance to Return to Work” and deliver it to Human Resources prior to the return date you initially provided to the District when you submitted your Maternity/Paternity Leave Request. Please remember to contact Human Resources and Benefits department within 30 days of birth if you choose to add your baby to your health plan.
WHAT IS THE NORMAL LENGTH OF TIME I WOULD BE ALLOWED TO BE OFF WORK?
Because every pregnancy is different, you and your doctor determine the length of time away from work. A routine maternity leave is 6 weeks following a natural delivery, or 8 weeks following a cesarean section. You and your doctor may determine that you need additional time before or after the delivery of your baby.
WHEN CAN I RETURN TO WORK?
You may return as soon as your doctor releases you. Again, this is a medical decision that will not be made by the District. LACTATION Accommodation board policy.
WHAT IF I WANT TO STAY OUT A LITTLE LONGER AFTER MY DOCTOR RELEASES ME?
Once you receive medical clearance to return to work, you may request to remain off work for the remainder of the 12-week allowance available under FMLA, CFRA, or Education Code Parental Bonding Leave (if you meet eligibility requirements). FMLA and CFRA Leaves are both unpaid leaves, but Education Code Parental Leave allows you to utilize any available sick leaves to supplement your pay.
WHAT IF I WANT TO STAY OUT BEYOND THE 12 WEEKS OF FMLA?
Any time beyond FMLA would fall under CFRA, unless the employee took the full 17 1/3 weeks of PDL.
WHAT IS CFRA?
CFRA stands for California Family Rights Act. CFRA allows for an additional 12 weeks of leave for employees to bond with a newborn child or a child placed for adoption/foster care, the employee’s own serious health condition, or to care for the employee’s spouse, dependent child, or parents with a serious health condition. CFRA cannot be used while an employee is out on PDL, but can being as soon as an employee is cleared to return from PDL by their treating physician. CFRA is limited to 12 work weeks within a 12 month period. The 12-month period is measured forward from the date of your first CFRA leave usage. Much like FMLA, not all employees are eligible for CFRA. Please contact your Human Resources department to discuss eligibility.
I WANT TO STAY OUT EVEN LONGER. ARE THERE ANY OPTIONS?
You may request a Leave of Absence, but this will be unpaid. Please be advised that you will not receive any salary or District-paid benefits during this leave. However, benefits may be purchased through the District.
DO I DEPLETE MY SICK LEAVE WHEN I AM ON MATERNITY LEAVE?
Yes. Sick leave is exhausted first. If you are a classified employee and you would like to use your vacation days, you are required to submit a written request.
DO HOLIDAYS OR NON-DUTY DAYS COUNT AGAINST MY TIME OFF?
Non duty days and holidays are not deducted from your sick leave balance. Holidays do not extend the 12 week period.
WHAT ABOUT MY BENEFITS?
Benefit coverage will continue until your doctor releases you to return to work. If your doctor has indicated you may return to work and you are still out under FMLA, District contribution to your benefits will continue. If FMLA is exhausted and you have not returned to work, the district will not continue to cover the cost of your benefits and you will be responsible for the full premium of your benefits.
WHAT HAPPENS WHEN I RUN OUT OF SICK/VACATION TIME?
Once these leaves are exhausted, employees are placed on Extended Sick Leave (ESL) where they receive differential pay until your doctor releases you to return to work. Differential pay is the difference between your daily rate and the cost of the substitute filling your position.
DO I QUALIFY FOR STATE DISABILITY (SDI)?
Since teachers do not pay State Disability Insurance (SDI) you are probably not eligible. However, eligibility for state disability is determined by that agency and it is suggested you contact SDI for specific information. Classified employee do pay (SDI) and may be eligible it is suggested you contact SDI for additional information. Any forms sent to us will be quickly returned so that your eligibility can be determined accurately.
HOW WILL MY SUBSTITUTE BE SELECTED? AM I RESPONSIBLE FOR FINDING SOMEONE?
The site administrator and AESOP will assist with finding someone to temporarily fill your position. If you have a recommendation, please inform your site administrator and the substitute desk. Every effort will be made to grant your recommendation. Our intent is to find the most qualified candidate; we cannot guarantee that your desired substitute will be chosen.
WILL MY MATERNITY LEAVE AFFECT ACHIEVING PERMANENT STATUS?
Time taken for maternity leave is calculated as if you are still in your position. However, you must be in paid status for a minimum of 75% of the year. If you take extended periods of unpaid leave, it could delay achieving permanent status.
I TAKE A LONG LEAVE, DO I GET MY SCHOOL AND GRADE BACK WHEN I RETURN
We try to place everyone in their first choice of school and grade but this is not a guarantee. On a short-term maternity leave that does not involve CFRA leave; you will most likely return to the same class. It is important to remember that although FMLA and CFRA are “job-protected leaves,” this does not mean you will return to the exact position you occupied prior to your leave. It is the obligation of the District to place you in the same or comparable position within the scope of your credential or job classification upon your return.
I HAVE VOLUNTARY DISABILITY INSURANCE, CAN I USE IT?
Some voluntary disability plans cover maternity leave. Please contact the agency directly to discuss your plan. If the agency needs any information from the District, they will send the forms directly to Payroll/Benefits, and the forms will be completed promptly.
WHAT IS PAID FAMILY LEAVE?
Paid Family Leave (PFL) allows eligible workers partial salary replacement but does not provide job protection or return rights. Eligibility for PFL is not determined by the District. Please contact EDD’s Paid Family Leave department for eligibility determination.
I’M STILL CONFUSED, WHO CAN ANSWER MY QUESTIONS?
Human Resources is here to help! This topic can be very confusing, as every situation is quite different. We strongly suggest you meet with Human Resources to discuss your leave options, as well as make an appointment with Payroll/Benefits to talk about how your salary and benefits may be affected if you plan to take FMLA or CFRA leave.