Leave Benefits Summary

Maternity/Paternity/Adoption

Most employees are eligible for paid maternity/paternity/adoption leave according to their collective bargaining agreement. Employees on maternity leave are eligible to use a limited amount of sick leave accrual for the period of time during the disability portion of the leave, which consists of the time in which medical certification is provided by the physician that the employee is physically unable to work for health reasons due to pregnancy; this is usually six to eight weeks from the date of birth, and may be a short period before the birth date. Non-Industrial Disability Leave may be applied for after exhaustion of sick leave and accruals during the disability portion of the leave, and after the waiting period has been met. Additional time for parental leave may be requested in accordance with applicable laws and the appropriate Collective Bargaining Agreement. More details on specific benefits can be found by reviewing the Memorandum of Understanding based on Collective Bargaining.

Sick Leave

May be used according to CSU policy and collective bargaining agreements.

Government Code - Pregnancy Disability Leave

Pregnancy disability leave permits a female employee up to four months leave for the period during which she is disabled due to pregnancy, childbirth, or a related medical condition. An employee is considered disabled if she is unable to perform one or more essential functions of her job due to pregnancy or related health conditions. The employee is required to provide medical verification from her doctor. During the period of disability, the employee may use any accrued leave the employer makes available to temporarily disabled employees.

Family Care & Medical Leave Act (FMLA)

Entitles eligible employee up to twelve (12) weeks of time off, in a twelve (12)-month period, for a serious health condition or to care for a new child. In the case of pregnancy/childbirth, FML does not require the mother be disabled or that the child be ill; additionally, pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the twelve (12) weeks of leave.

California Family Rights Act (CFRA)

Entitles eligible employees for up to twelve (12) work weeks of time off, in a twelve (12) month period, for a serious health condition or to care for a new child. At the end of an employee's period(s) of pregnancy disability leave, a CFRA-eligible employee may request a CFRA leave of up to twelve (12) work weeks for reason of birth of her child if the child has been born by this date. There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by her pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of her child. The CFRA does not provide for a leave for the employee's own serious health condition when it is caused by pregnancy, childbirth, or related medical condition.

Interaction of California State laws and Federal FMLA
Pregnancy Disability Leave Time CFRA Leave Time Interaction of PDL and CFRA Interaction of CFRA and FMLA Interaction of PDL and FMLA
4 months twelve (12) weeks in twelve (12) mo. period Stacked Concurrent Concurrent

Education Code 89519 - Pregnancy Leave

Provides permanent female employees with up to twelve (12) months of time off due to pregnancy/childbirth. This time off is not predicated upon disability.

Non-Industrial Disability Insurance

Provides paid benefits for eligible female employees up to six (6) weeks for normal pregnancy/delivery and up to twenty-six (26) weeks for complications of pregnancy/delivery or other extended disabilities.

Paid Maternity/Paternity/Adoption Leave

The Maternity/Paternity/Adoption leave is a paid leave associated with the birth of an employee's own child or the placement of a child with the employee in connection with adoption or foster care. This type of absence is not charged against the employee's leave credits, and the amount of paid days is based on employee category.

Paid Maternity/Paternity/Adoption leave runs concurrently with any other related leaves for which the employee is eligible. The chart below is a reference that can be used to determine the amount of paid maternity/paternity/adoption leave an employee is entitled to under this program.

Paid Leave Entitlements
Bargaining Unit Number of Eligible Paid Days Timeframe Guidelines for the Paid Maternity/Paternity/Adoption Leave
Unit 1 (Physicians) 20 Days Days are consecutive per calendar year, and shall commence with the arrival of the employee's new child. Such leave runs concurrently with any other related leaves for which the employee is eligible.
Units 2, 5, 7, 9 (CSUEU) 30 Days Days are consecutive, unless mutually agreed otherwise by the employee and appropriate administrator, and shall commence within 60 days of the arrival of the new child. Runs concurrently with any other related leaves for which the employee is eligible.
Unit 3 (Faculty) 30 Days Days run consecutively and shall commence within a 135 day period, which begins 60 days prior to the anticipated arrival of a new child, and ends 75 days after the arrival. Runs concurrently with other maternity/paternity, pregnancy disability and/or family care and medical leave provisions of Article 22, and may be supplemented in accordance with Article 24 provisions.
Unit 4 (Academic Support) 30 Days Days are consecutive, unless mutually agreed otherwise by the employee and appropriate administrator, and shall commence within 60 days of the arrival of the new child. Runs concurrently with any other related leaves for which the employee is eligible.
Unit 6 (Skilled Trades) 30 days Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement.
Unit 8 (Public Safety) 30 Days 30 Days, 30 eight-hour days (240 hours) per calendar year, runs consecutively and commences within 60 days of after the arrival of the new child.
Unit 10 (IUOE) 15 Days Commences with the arrival of the employee's child, and days run consecutively. Scheduling of leave may be modified by mutual agreement.
Unit 11 (Academic Student Employees) None Not available to employees within this employee category.
Confidential (C99) 30 Days Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus.
Management Personnel Plan (MPP) (M80) 30 Days Days are consecutive and shall commence within 60 days of the arrival of the new child. Upon mutual agreement and on an exception basis, the scheduling of leave may be modified to meet the operational needs of the campus.
Executive (M98) 30 Days Days are consecutive and shall commence within 60 days of the arrival of a new child.
Excluded (E99, including TAs) None Not available to employees within this employee category.