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