CHAPTER SIX: BENEFITS 6.6

B. Pregnancy Disability Leave

Any employee with appropriate doctor certification may request accommodations due to conditions related to pregnancy, childbirth, or related medical conditions. The college will provide such accommodations unless providing them would constitute an undue hardship. Requests for accommodation should be made to your supervisor or the Human Resources office. Unpaid pregnancy disability leave will be granted to employees disabled due to their pregnancy, childbirth or related medical conditions.

  1. Benefit Available

    An employee who is disabled due to pregnancy, childbirth or a related medical condition may take up to a maximum of four months of pregnancy disability leave. At the request of the employee, with the advice of her physician, the college may transfer the employee to a more suitable position, if the transfer can be reasonably accommodated. 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.

  2. Notice and Certification Requirements

    Employees requesting a pregnancy disability leave must provide reasonable advance notice to their supervisor. In addition, employees must provide a certification of a disability from a healthcare provider.

  3. Compensation during Leave

    Pregnancy disability leaves are unpaid. However, employees may utilize accrued sick leave and accrued vacation during a pregnancy disability leave.

  4. Benefits during Leave

    If the employee taking pregnancy disability leave is eligible for a Family and Medical Leave, group health insurance coverage will be maintained for up to a maximum of 12 work weeks if such insurance was provided before the leave was taken, and on the same terms as if the employee had continued to work. In certain circumstances required by law, employees who do not return to work following family or medical leave may be required to reimburse the college for premiums it paid to maintain health coverage for the employee and their family.

    Employees on pregnancy disability leave who are not eligible for continued paid group health insurance coverage, or whose paid coverage ceases after 12 weeks, may continue their coverage through the college in conjunction with Federal COBRA guidelines by paying the monthly premiums. Westmont will resume normal health plan cost sharing, based on the policy then in effect, on the first of the month following the employee's return to active employment at the college. Details about this benefit are available in the Human Resources office.

  5. Reinstatement

    Upon the submission of a medical certification that the employee is able to return to work, the employee will be offered the same position held at the time the leave began, unless the position no longer exists or the position has been filled in order to avoid diminishing Westmont's ability to operate safely and efficiently, or the employee is no longer capable of performing the essential job responsibilities. If the employee's former position is not available, a substantially similar position will be offered unless there is no substantially similar position available, or filling a substantially similar position would substantially diminish the College's ability to operate safely and efficiently, or the employee is not capable of performing the responsibilities of a substantially similar position. If the employee returning from pregnancy disability leave is unable to perform the essential functions of the job because of a physical or mental condition, the Americans with Disabilities Act may govern the college's obligations.

Lactating employees may use paid breaks and a reasonable amount of time beyond normal break periods if needed to express breast milk. Employees unable to locate a private place to express breast milk in close proximity to their work area should contact the Human Resources office for assistance.

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