Maternity Leave

The Pregnant Workers Fairness Act (PWFA) is a new federal law that further defines reasonable accommodations to include qualified pregnant employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship.

Employees seeking reasonable accommodations can visit the Reasonable Accommodations website for more information and instructions on submitting a reasonable accommodation request. Employees should contact the ADA Coordinator for accommodation requests.

Pregnancy Disability Leave (PDL) is an unpaid, job-protected leave available to female employees who are medically disabled due to pregnancy, childbirth, or related medical conditions. PDL is available regardless of the employee’s length of service or time base.

• Duration: Up to 4 months per pregnancy, based on medical necessity.
• Medical Certification: The duration and approval of PDL are based on a healthcare provider’s certification that the employee is disabled by pregnancy or a related condition.
  • Leave starts on the date a physician determines the employee is unable to continue working.
  • Includes medically necessary leave before birth and recovery time after delivery, typically lasting 6–8 weeks based on the delivery method.
• Examples of Qualifying Conditions: Severe morning sickness, pregnancy-induced hypertension, postpartum depression, bed rest, recovery from childbirth, and related complications.
• Flexibility: PDL can be taken consecutively or intermittently, including time for prenatal/postnatal visits, medically required rest, or accommodations at work.

Compensation:

• Employees must use accrued sick leave during the PDL period to maintain pay status. Non-Industrial Disability Insurance (NDI) may also be available, subject to eligibility. Employees must exhaust all sick leave before NDI benefits begin
  • For details on benefit amounts and eligibility based on your bargaining unit or employment category, visit the Non-Industrial Disability Insurance

Faculty: This type of leave may or may not apply, depending on various factors. Considerations include the expected due date, the academic term, the delivery method, and the confirmed date of birth.

CSU Family Medical Leave– Baby Bonding

After PDL concludes, eligible employees may take up to 12 additional weeks of unpaid leave under CSU FML for baby bonding. Visit Family Medical Leave for additional information and eligibility requirements.

• Eligibility: Applies to employees who have worked at least 12 months; some groups require 1,250 hours worked in the prior year.
• Purpose: Bonding with a newborn child within one year of birth.
• Job Protection & Benefits: Provides job protection and continuation of health benefits during the leave.

When an employee meets the eligibility criteria for Family Medical Leave (FML), paid parental leave (CSU Benefit) runs concurrently with FML. This means the initial portion of FML is compensated through paid parental leave benefit.

Compensation During an Approved FML Period:

• Parental Leave (PL), Vacation, CTO (Compensatory Time Off)
  • The number of paid PL days may vary. Visit the Parental/Adoption Leave page for more details.
• A leave without pay is contingent upon the number of leave credits that are available.
• Sick leave credits are not applicable after pregnancy-related disability ends.

Important Note:

For employees who do not meet FML eligibility, paid parental leave is provided as a standalone benefit. The amount of paid leave available will vary based on the employee’s collective bargaining agreement (CBA) or employment category.

Under Education Code Section 89519, permanent female employees are entitled to a leave of absence without pay for up to one year for pregnancy, childbirth, or recovery. The duration of leave is determined by the employee and must be approved by the campus if changes are requested.

• Available only to permanent employees.
• The maximum combined leave (PDL + CSU FML + ECML) is up to one year.

Compensation During ECML Period

• Employees may use accrued leave credits (vacation, CTO etc.) before beginning an unpaid portion. Sick leave credits are not applicable after pregnancy-related disability ends.