Pregnancy Leave

Female employees are eligible to take an unpaid leave of absence for their own disability caused by pregnancy, childbirth or related medical conditions.

Duration of Leave

Pregnancy-related disability leave may be taken for the duration of the disability up to 4 months (the working days you normally would work in 1/3 of a year or 17 and 1/3 weeks) for each pregnancy. At the end of the employee’s period of pregnancy disability (not to exceed 4 months), employees who are also eligible for a Family and Medical Leave (CFRA), as described above, may take a leave up to 12-weeks for reasons of the birth of her child. The maximum possible combined leave for both family and medical leave (CFRA) and pregnancy disability leave for the reason of the birth of the child is 29 1/3 weeks. This assumes that the employee is disabled by childbirth or related medical conditions for 17 1/3 weeks and then requests, and is eligible, for a 12-week family leave for the reason of the birth of her child. Pregnancy-related disability leave is counted towards an employee’s FMLA entitlement.

Transfer and Accommodation

An employee is also entitled to a temporary transfer to another position or other reasonable accommodation based on the pregnancy-related disability so long as (1) the employee requests the transfer or reasonable accommodation and the request is based on the medical certification of a health care provider that a transfer or reasonable accommodation is medically advisable, and (2) the request can be reasonably accommodated by UEC. Employees who are transferred to accommodate a pregnancy-related disability possess the same reinstatement and other rights described below with respect to pregnancy-related disability leaves.

UEC may also require an employee to transfer temporarily to an available alternative position with the same pay and benefits in order to accommodate an employee’s need for intermittent leave or a reduced work schedule.

Benefits during Leave

Group health insurance coverage will continue for eligible employees taking a pregnancy-related disability leave under this policy under the same terms and conditions that applied before the leave commenced. To continue health insurance coverage, the employee must continue to make any premium contributions that she was required to make prior to taking leave. Premium payments are due monthly and should be made payable to UEC and delivered to the Bursars Office. If an employee fails to pay her portion within 30 days of the due date of a premium, her health insurance coverage may be canceled. In such cases, the employee will be notified at least 15 days before coverage terminates.

An employee who takes a pregnancy-related disability leave will not lose any seniority earned prior to the commencement of her leave.

When an employees is on pregnancy-related disability leave that employee will continue accruing vacation or sick pay, as long as the employee is using vacation or sick pay. If the employee uses all of their vacation and sick pay and remains unable to return to work, then the remainder of the leave will be unpaid and employee will cease to accrue vacation or sick pay. Vacation and sick pay will begin accruing when the employee returns to work.

Coordination of Benefits

Pregnancy-related disability leaves are unpaid. An employee who is granted a pregnancy-related disability leave may elect to use any accrued but unused paid time off benefits (i.e. vacation, sick leave, or personal holiday) during the period of the leave. Any portion of a leave that occurs after all paid time off benefits have been exhausted is without pay. Any unpaid or paid portions of this policy shall be added together and will not extend the 4 month total leave period limitation allowed under this pregnancy-related disability leave policy.

Medical Certification

An employee requesting pregnancy-related disability leave must provide medical certification that she is disabled by pregnancy. Medical certification is required under the same conditions as is required for family care and medical leaves of absence, as described above. An employee taking a pregnancy-related disability leave must present a fitness for duty certification before returning to work.

Notice

Employees should contact their supervisor as soon as they learn that they will need a pregnancyrelated disability leave, even when they do not know the precise dates that such leave will begin. Employees must provide at least 30-days’ notice when the need for pregnancy-related disability leave is foreseeable. If the need for leave is not foreseeable, notice must be given to UEC within two (2) business days of learning of the need for the leave.

Employees must indicate the estimated timing and duration of the leave and make a reasonable effort to schedule any planned medical treatment so as to minimize the disruption of the UEC activities.

If an employee requests an extension of leave beyond the time estimated by the health care provider, the employee must submit a recertification prior to the expiration date if the employee desires additional leave. Extensions will not be granted that cause the total period of the pregnancy-related disability leave to exceed the 4-month limitation.

Outside Employment

You may not be employed with any employer, other than UEC, during your leave of absence. Outside employment during your leave will result in immediate termination.

Reinstatement

When an employee is able to return to work, she should give UEC at least two (2) weeks’ notice. This is important so that the employee’s return to work is properly scheduled.

Under most circumstances, UEC will reinstate employees to their former or equivalent position if they return from leave within 4 months. Exceptions, however, may occur as permitted by law. Employees should understand that they have no greater right to reinstatement or to other benefits of employment than if they had continued to work during their leave.

For example, an employee will not be reinstated to the same position where (1) she would not otherwise have been employed in the same position due to legitimate business reasons unrelated to her taking leave (such as layoff or job elimination), or (2) the means of preserving the job would substantially undermine the ability of UEC to operate its business safely and efficiently. In such cases, the employee will be placed in a comparable position for which the employee is qualified unless (1) no comparable position is available within 10 working days of the employee’s return to work, or (2) filling the comparable position with the employee would substantially undermine the ability of UEC to operate its business safely and efficiently. Employees who fail to return to work at the conclusion of their approved leave or within the maximum period allowed for the leave will be considered to have voluntarily terminated from UEC.

Lactation Accommodation Policy

University Enterprises Corporation at CSUSB “UEC” will provide any employee with a location and reasonable break time to express milk in private. If an employee requires a location and time to express milk, please contact your manager or Human Resource and we will respond and make appropriate arrangements for a location that is private, free from intrusion during lactation, and comfortable. We also will work with the employee on a schedule that allows the employee to take reasonable breaks for lactation. We ask that you give us a much advance notice as you can so that we can make appropriate arrangements. If we cannot accommodate an employee’s request for a location or break time to express milk, we will respond in writing explaining the reason for that decision. If an employee believes that UEC has not complied with a lactation accommodation requirement, please let us know so that we can resolve the situation. Otherwise, an employee may file a complaint with the Labor Commissioner.