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Pregnancy Disability Leave

    Title:

    Pregnancy Disability Leave

    Publication date:

    1/2/2012

    Effective date:

    9/6/2006

    BRIEF

    Policy Summary

    Berkeley Lab grants a leave-of-absence request for up to four months during a disability period to any employee disabled from working because of pregnancy, childbirth, or related medical conditions. Pregnancy Disability Leave may consist of leave without pay and/or paid leave such as accrued sick leave and/or accrued vacation leave.

    Who Should Read This Policy

    All employees are eligible for Pregnancy Disability Leave. Represented employees should consult their collective bargaining agreement.

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Pregnancy Disability Leave

    Publication date:

    1/2/2012

    Effective date:

    9/6/2006

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) grants a leave-of-absence request for up to four months during a disability period to any employee disabled from working because of pregnancy, childbirth, or related medical conditions.

    B. Persons Affected

    All employees are eligible for Pregnancy Disability Leave. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Requests for sick leave that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. Any request for an exception to policy requires, at minimum, the Chief Human Resources Officer (CHRO) approval.

    D. Policy Statement

    1. Definition: An employee disabled from working because of pregnancy, childbirth, or related medical conditions is eligible for and, on the employee's request, must be granted a leave of absence for up to four (4) months during the period of disability. Pregnancy Disability Leave may consist of leave without pay and/or paid leave such as accrued sick leave and/or accrued vacation leave. If the period of disability continues beyond four (4) months, a personal leave may be granted. Employees are strongly encouraged to contact Health Services for confidential counseling regarding their pregnancy status as well as any work-related issues.
    2. Coordination with Family and Medical Leave: If an employee on approved Pregnancy Disability Leave is also eligible for Family and Medical Leave under the Family and Medical Leave Policy, (see document number 02.07.003.000 or RPM Section 2.13) up to 12 workweeks of Pregnancy Disability Leave will run concurrently with Family and Medical Leave under federal law. On termination of concurrent leave, an employee is also entitled up to 12 workweeks of state family care and medical leave for any covered reason except pregnancy or related medical conditions.
    3. Reduced Work Schedule: When medically necessary, an employee may take Pregnancy Disability Leave on a reduced work schedule or an intermittent basis. Berkeley Lab may require an employee who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative position if this position better accommodates the required work schedule than the employee's own position. Exempt employees may elect to use accrued vacation and/or sick leave in four-hour increments in lieu of unpaid leave. Non-exempt employees may elect to use accrued vacation and/or sick leave in half-hour increments in lieu of unpaid leave.
    4. Reinstatement: The employee will be reinstated to his or her same position as long as the employee returns to work within four (4) months and immediately following termination of Pregnancy Disability Leave. If the employee would have been laid off or terminated had he or she remained on pay status during the leave period, reinstatement will be to a similar job at the same location. If a similar position is not available, the employee will be afforded the same considerations extended to other employees who are laid off or terminated (see Reduction in Force Policy, document number 02.12.004.000 or RPM Section 2.21[B]).
    5. Light Duty: As an alternative to, or in addition to, Pregnancy Disability Leave, Berkeley Lab will temporarily modify a pregnant employee's position or transfer a pregnant employee to a less strenuous or hazardous position under the following circumstances:
      1. On the employee's request
      2. With the advice of the employee's health care provider
      3. If the temporary modification or transfer can be reasonably accommodated


    A temporary modification or transfer will not be counted toward an employee's entitlement to up to four (4) months of Pregnancy Disability Leave. An employee will be reinstated to the same or similar position under the Family and Medical Leave Policy (see document number 02.07.003.000 or RPM Section 2.13).

    E. Roles and Responsibilities

    Role

    Responsibility

    Chief HR Officer (CHRO)

    Has the functional responsibility for this policy

    Employees

    Have the responsibility to adhere to the provisions of this policy

    Health Services

    Has the responsibility to advise division management on recommended restrictions on an employee's work assignment or activities

    HR Department

    Has the responsibility to advise management and employees on how to comply with this policy

    LETS Timekeepers

    Have the responsibility to follow procedures in support of this policy

    Managers and Supervisors

    Have the responsibility to adhere to the provisions of this policy

    Payroll

    Has the responsibility to develop procedures in support of this policy

    F. Definitions/Acronyms

    None

    G. Recordkeeping Requirements

    Role

    Responsibility

    Health Services

    Is responsible for the confidentiality and maintenance of medical records as they pertain to an employee's medical leave requests

    Office of the Chief Financial Officer (OCFO)

    Is responsible for maintaining an employee's time records, including sick leave and vacation leave accrued and usage records.

    Non-exempt employees. Berkeley Lab will record leave used by non-exempt employees to the nearest quarter-hour.

    Exempt employees. Berkeley Lab will record leave used by employees in half-day increments or in increments of not less than that portion of the day during which an employee on less than full-time pay status is normally scheduled to work. The foregoing does not apply when an employee is taking Family and Medical Leave (FML) on an intermittent or reduced-schedule basis. Refer to the applicable policies (Family and Medical Leave, document number 02.07.003.000 or RPM Section 2.13; and Parental Bonding Leave, document number 02.07.024.000) for further details.

    H. Implementing Documents

    Audience

    Document Number

    Document Title

    Managers and Supervisors

    02.07.022.001

    Managers and Supervisors Responsibilities Under the Pregnancy Disability Leave Policy

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

    I. Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    1

    M. Bello

    Rewrite for wiki

    all

    Minor

    DOCUMENT INFORMATION

    Title:

    Pregnancy Disability Leave

    Document number

    02.07.022.000

    Revision number

    1

    Publication date:

    1/2/2012

    Effective date:

    9/6/2006

    Next review date:

    1/2/2015

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    RPM Section 2.12(F)

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.12(F)

    Source Requirements Documents

    Source

    Document number & effective date

    Document title

    California State Law

     

    California Pregnancy Disability Leave Law (PDLL) as mentioned in the California Fair Employment and Housing Act (FEHA)

    University of California (UC)

    Policy 2.210, June 1, 2010

    Absence from Work

    California Labor Code

    12945

    (transfer a pregnant female employee temporarily to less strenuous or hazardous position)

    Implementing Documents

    Audience

    Document Number

    Document Title

    Type

    Managers and Supervisors

    02.07.022.001

    Managers and Supervisors Responsibilities under the Pregnancy Disability Leave Policy

    Process

    Managers and Supervisors

    02.86.001.001

    Supervisor Responsibilities at Berkeley Lab (BLI0117) (mandatory for new supervisors)

    Training

    Managers and Supervisors

    02.86.001.002

    Supervisor Scenario Workshop – HR Issues (BLI0122) (mandatory for new supervisors)

    Training

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