An Administrator's Guide to California Private School Law Compendium

D OCUMENT 8.C

C HECKLIST F OR L EAVE O F A BSENCE F OR E MPLOYEE ’ S P REGNANCY /C HILDBIRTH

The following is a checklist to use when determining whether to approve a leave of absence for a pregnant employee due to complications from the pregnancy and/or childbirth. Female employees who are pregnant will often take a combination of pregnancy disability leave (PDL) under California law, as well as leave under the federal Family and Medical Leave Act (FMLA). In many cases, they will also take additional baby bonding leave under the FMLA and/or the California Family Rights Act. These laws are often interrelated, but they are distinct with different rights available to eligible employees. This checklist is focused on the employee’s leave entitlement, if any, while she is disabled by pregnancy. The employee’s right to baby bonding leave is discussed in a separate checklist. 1. Employee Name:________________________

2. Eligibility?

a. PDL: Available immediately for period of disability; no length of employment eligibility requirement b. FMLA: Employee must have worked for the employer for at least 12 months; have worked at least 1,250 hours during the preceding 12 month period; and work at a worksite where 50 or more employees are employed within 75 miles

3. Reason for Leave

a. PDL: Certified medical condition caused by pregnancy, childbirth or other medical condition related to pregnancy. b. FMLA: Incapacity due to pregnancy, for prenatal care, or for her own serious health condition following the birth of the child. 4. Did the employee provide adequate medical certification for the leave? Yes □ No □

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