Both California and Oregon have specific provisions regarding pregnancy-related illness and/or disability. Employees should be directed to the Payroll Department for more information.
(a) Disability
Pregnancy, childbirth or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave.
(b) Notice to EBMC
Any female employee planning to take Pregnancy Disability Leave (PDL) should advise and schedule an appointment with the Payroll Department as early as possible to discuss the following conditions:
(i) Employees who need to take pregnancy disability must inform EBMC when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employees must provide notification of at least 30 days before the pregnancy disability leave or transfer is to begin. Employees must consult with their Supervisor regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to EBMC operations. Any such scheduling is subject to the approval of the employee's health care provider. If 30 days' advance notice is not possible, notice must be given as soon as is practical;
(ii) Work Assignment/Transfers. Upon the request of an employee and certification by the employee's physician, the employee's work assignment may be changed if necessary to protect the health and safety of the employee and her child. Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not breached. Temporary transfers due to health considerations will be granted when possible. However, the transferred employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons.
(c) Commencement of Leave
Pregnancy leave usually begins when ordered by the employee's physician. The employee must provide EBMC with a certification from a health care provider. The certification indicating disability should contain the date on which the employee became disabled due to pregnancy; the probable duration of the period or periods of disability; and a statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. Leave will be approved only upon receipt of appropriate certification by the employee's physician.
(d) Use of Sick Leave
If otherwise eligible to take the time, an employee will be allowed to use accrued sick, vacation or personal time during a pregnancy disability leave. Duration of the leave will be determined by the advice of the employee's physician, but California employees disabled by pregnancy may take up to a total of four months leave; Oregon employees disabled by pregnancy may be able to take up to an additional 12 weeks. If otherwise eligible, part-time employees are entitled to leave on a pro rata basis. The extended leave provisions in the California and Oregon leave laws includes any period of time for actual disability caused by the employee's pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care.
(e) Intermittent Leave
Leave may be taken intermittently, as needed, as well as taken in increments of one hour.
(f) Return to Work
Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater rights upon reinstatement than he/she would have if the employee had been continuously employed. For example, if an employee on pregnancy/disability leave would have been laid off had he or she not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement.
(g) Coordination of PDL with Family/Medical Leave — for California Employees only
(i) If an employee takes California Pregnancy Disability Leave (PDL) and is eligible under the federal or state family and medical leave laws, EBMC will maintain group health insurance coverage for up to a maximum of 12 workweeks (if such insurance was provided before the leave was taken) on the same terms as if the employee had continued to work. Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under federal law, but not family and medical leave under California Law. If an employee is ineligible under the federal and state family and medical leave laws, while on pregnancy disability the employee will receive continued paid coverage on the same basis as other medical leave that EBMC may provide and for which the employee is eligible. In some instances, EBMC may recover premiums it paid to maintain health coverage for an employee if the employee fails to return to work following pregnancy disability leave.
(ii) If an employee is on PDL and are not eligible for continued paid coverage, or if paid coverage ceases after 12 workweeks, an employee may continue group health insurance coverage through EBMC in conjunction with COBRA guidelines by making monthly payments to EBMC for the amount of the relevant premium. Contact the Payroll Department for further information.
(h) Procedures
The following procedures shall apply when an employee requests family/medical leave:
(i) The employee’s Supervisor and the Payroll Department should be advised as soon as an employee’s need for family/medical leave is realized.
(ii) If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, the employee must notify EBMC at least 30 days before leave is to begin. The employee must consult with his/her supervisor regarding scheduling of any planned medical treatment in order to minimize disruption to the operations of EBMC. If the employee cannot provide 30 days’ notice, EBMC must be informed as soon as is practical.
(iii) If the FMLA/CFRA/OFRA request is made because of the employee’s own serious health condition, EBMC may require, at its expense, a second opinion from a health care provider that EBMC chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by EBMC.
If the second opinion differs from the first opinion, EBMC may require, at its expense, the employee to obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be considered final and binding on EBMC and the employee.
(iv) The employee must provide a doctor’s certification within 15 days of any request for family and medical leave under state and federal law, unless it is not practicable to do so. EBMC may require re-certification from the health care provider if additional leave is required.
(v) If the leave is needed to care for a sick child, spouse, registered domestic partner, or parent, the employee must provide a certification from the health care provider stating:
(A) Date of commencement of the serious health condition;
Probable duration of the condition;
(B) Estimated amount of time for care by the health care provider; and Confirmation that the serious health condition warrants the participation of the employee.
If both parents are employed by EBMC and request simultaneous leave for the birth or adoption (or foster care) of a child, EBMC will not grant more than a total of 12 workweeks of family/medical leave for this reason.
(vi) If an employee cites his/her own serious health condition as a reason for leave, the employee must provide a certification from the health care provider stating:
(A) Date of commencement of the serious health condition;
(B) Probable duration of the condition; and
(c) Inability of the employee to work at all or perform any one or more of the essential functions of his/her position because of the serious health condition.
(vii) EBMC will require certification by the employee’s health care provider that the employee is fit to return to his/her job. Failure to provide certification by the health care provider of the employee’s fitness to return to work will result in denial of reinstatement for the employee until the certificate is obtained. EBMC reserves the right to require a physical examination by a physician chosen by EBMC prior to the employee’s resumption of duties.
(viii) A leave taken due to a “qualifying exigency” (as defined by federal regulations) related to military service must be supported by a certification of its necessity. A leave taken due to the need to care for a service member shall be supported by a certification by the service member’s health care provider.
(ix) An employee taking family medical leave will be allowed to continue participating in any health and welfare benefit plans in which he/she was enrolled before the first day of the leave (for a maximum of 12 workweeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. EBMC will continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins under FMLA (e.g., for pregnancy disability leaves) or under the FMLA/CFRA/OFRA (e.g., for all other family care and medical leaves.
(d) Substitution of Paid Leave
Paid leave will be substituted for unpaid leave in the following circumstances:
(i) Accrued sick time must be used during FMLA/CFRA/OFRA leave. Once accrued sick time is used up, the remainder of the FMLA/CFRA leave will be without pay.
(ii) Accrued vacation must be used for any FMLA/CFRA/OFRA leave, except leave that is also pregnancy disability leave.
(iii) Under most circumstances, upon return from family/medical leave, an employee will be reinstated to his/her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee returning from leave has no greater rights upon reinstatement than if he or she had been continuously employed rather than on leave. For example, if an employee on family/medical leave would have been laid off had he or she not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of family/medical leave will not result in the loss of any employment benefit that the employee earned before using family/medical leave.
(iv) For employees who are disabled because of illness, injury, or pregnancy related disabilities (a different time frame applies to pregnancy– see below) for more than 12 weeks, EBMC will make reasonable efforts to return them to the same or a similar job, subject to staffing and business requirements. An employee’s continued absence from work beyond his/her disability, as determined by his/her physician, will be deemed voluntary termination of employment.
(v) Reinstatement after family/medical leave may be denied to certain salaried “key” employees under the following conditions:
(A) An employee requesting reinstatement was among the highest-paid 10 percent of salaried employees employed within 75 miles of the work site at which the employee worked at the time of the leave request;
(B) The refusal to reinstate is necessary because reinstatement would cause substantial and grievous economic injury to EBMC’s operations;
(C) The employee is notified of EBMC’s intent to refuse reinstatement at the time EBMC determines the refusal is necessary; and
(D) If leave has already begun, EBMC gives the employee a reasonable opportunity to return to work following the notice described previously.
For additional information about eligibility for family/medical leave, contact the Payroll Department.
Attachments;
History______________________________________________________________
Gabrielle Harris composed this Policy/Procedure on 03/11/2010 03:39:03 PM.
Gabrielle Harris edited this Policy/Procedure on 03/11/2010 03:42:56 PM.