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Family rights Act Notice A & B
"NOTICE A" PREGNANCY
DISABILITY LEAVE
Under the California Fair Employment and Housing Act (FEHA),
if you are disabled by pregnancy, childbirth or related medical
conditions, you are
eligible to take a pregnancy disability leave (PDL). If you
are affected by pregnancy or a related medical condition,
you are also eligible to transfer to a less strenuous or hazardous
position or to less strenuous or hazardous duties, if this
transfer is medically advisable. You are also eligible to
receive
reasonable accommodation for conditions related to pregnancy,
childbirth, or related medical conditions if you request it
with the advice of your health care provider.
- The PDL is for any period(s) of actual disability caused
by your pregnancy, childbirth or related medical conditions
up to four months (or 88 work days for a full time employee)
per pregnancy.
- The PDL does not need to be taken in one continuous period
of time but can be taken on an as-needed basis.
- Time off needed for prenatal care, severe morning sickness,
doctor-ordered bed rest, childbirth, and recovery from childbirth
would all be covered by your PDL.
- Generally, we are required to treat your pregnancy disability
the same as we treat other disabilities of similarly situated
employees. This affects whether your leave will be paid
or unpaid.
- You may be required to obtain a certification from your
health care provider of your pregnancy disability or the
medical advisability for a transfer or reasonable accommodation.
The certification should include:
1) the date on which you become disabled due to pregnancy
or the date of the medical advisability for the transfer or
reasonable accommodation;
2) the probable duration of the period(s) of disability or
the period(s) for the advisability of the transfer or reasonable
accommodation; and,
3) a statement that, due to the disability, you are unable
to work at all or to perform any one or more of the essential
functions of your position without undue risk to yourself,
the successful completion of your pregnancy or to other persons
or a statement that, due to your pregnancy, the transfer or
reasonable accommodation is medically advisable.
- At your option, you can use any accrued vacation or other
accrued time off as part of your pregnancy disability leave
before taking the remainder of your leave as an unpaid leave.
We may require that you use up any available sick leave
during your leave. You may also be eligible for state disability
insurance for the unpaid portion of your leave.
- Taking a pregnancy disability leave may impact certain
of your benefits and your seniority date. If you want more
information regarding your eligibility for a leave, the
impact of the leave on your seniority and benefits, and
our policy for other disabilities, please
contact at
Employer’s Contact Person Employer's Telephone Number
"NOTICE B" FAMILY
CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY
LEAVE
- Under the California Family Rights Act of 1993 (CFRA),
if you have more than 12 months of service with us and have
worked at least 1,250 hours in the 12-month period before
the date you want to begin your leave, you may have a right
to an unpaid family care or medical leave (CFRA leave).
This leave may be up to 12 workweeks in a 12-month period
for the birth, adoption, or foster care placement of your
child or for your own serious health condition or that of
your child, parent or spouse.
- Even if you are not eligible for CFRA leave, if disabled
by pregnancy, childbirth or related medical conditions,
you are entitled to take a pregnancy
disability leave of up to four months, depending on your
period(s) of actual disability. If you are CFRA-eligible,
you have certain rights to take BOTH a pregnancy disability
leave and a CFRA leave for reason of the birth of your child.
Both leaves contain a guarantee of reinstatement to the
same
or to a comparable position at the end of the leave, subject
to any defense allowed under the law.
- If possible, you must provide at least 30 days advance
notice for foreseeable events (such as the expected birth
of a child or a planned medical
treatment for yourself or of a family member). For events
which are unforeseeable, we need you to notify us, at least
verbally, as soon as you learn of the need for the leave.
- Failure to comply with these notice rules is grounds for,
and may result in, deferral of the requested leave until
you comply with this notice policy.
- We may require certification from your health care provider
before allowing you a leave for pregnancy or your own serious
health condition or
certification from the health care provider of your child,
parent, or spouse who has a serious health condition before
allowing you a leave to take care of that family member.
When medically necessary, leave may be taken on an intermittent
or a reduced work schedule.
- If you are taking a leave for the birth, adoption or foster
care placement of a child, the basic minimum duration of
the leave is two weeks and you must conclude the leave within
one year of the birth or placement for adoption or foster
care.
- Taking a family care or pregnancy disability leave may
impact certain of your benefits and your seniority date.
If you want more information regarding your eligibility
for a leave and/or the impact of the leave on your seniority
and benefits, please contact
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