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This section will help define the leave of absence laws, terms and conditions related to the 4 types of leaves that employees most often request for pre/post childbirth or placement of a child in the home (i.e. adoption or foster care). This section will also provide with you with instruction on how to file a Leave of Absence in Workday. 

For additional information, please visit the Pregnancy/Child bonding and Parental Leave Policy on the County website at:
https://hr.smcgov.org/pregnancy-child-bonding-and-parental-leave#CPLP

Types of Leave Most Commonly Used with Childbirth/Adoption

Leaves provided by law (FMLA, CFRA and PDL):

  • Leave for the employee’s own medical condition
  • Includes illness, injury, childbirth and pregnancy-related conditions
  • Established by Law
  • If employee qualifies, leave must be provided
  • County is required to pay the “employer” share of health benefits during these leaves

County Parental Leave

  • Up to 6 months (13 bi-weekly pay cycles) after the medical leave ends during the first year following the birth or placement of a child in the home (adoption or foster care) at the discretion of the department
  • Leave is not guaranteed.  May depend on needs of the Department.
  • Includes Dads, Partners & Adoptive Parents

NOTE: Many of the leave types discussed in this section usually overlap and run at the same time (concurrently) for different portions of your time away from work.

Pregnancy Disability Leave Act (PDL) Defined

  • The law provides Up to 17 1/3 weeks for medical conditions such as:
    • Prenatal Care
    • Severe morning sickness
    • Doctor-ordered bed rest
    • Childbirth
    • Recovery from childbirth or Assisted reproductive treatment
  • Portion may overlap and run concurrently with FMLA
  • Protects status of health benefits and rights to return to your same or comparable job
  • If employee is disabled by pregnancy, they qualify for this leave regardless of how long they have worked for the County

Family Medical Leave Act (FMLA)

  • Up to 12 weeks per calendar year for birth or placement of a child
  • Portion of FMLA may run concurrently with CFRA
  • Portion of FMLA may run concurrently with PDL
  • Protects status of health benefits and rights to return to your same or comparable job

California Family Rights Act (CFRA)

  • Up to 12 weeks per calendar year for birth or placement of a child
  • May run concurrently with FMLA
  • Does not run concurrently with PDL
  • Protects status of health benefits and rights to return to your same or comparable job

Eligibility

FMLA/CRFA

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) requires that the County provide eligible employees with up to 12 work weeks of unpaid, job-protected leave for bonding with a newborn, adopted child, or child placed for foster care.

  • Employees who have been employed for at least 12 months on the date FMLA/CFRA leave starts
  • Employees must physically work at least 1,250 hours during the previous 12 months prior to FMLA/CFRA leave start date
  • Parental Leave
    • If you have not met the criteria for FMLA or CFRA as noted above, Parental Leave can be requested, and approval would be at the discretion of your Department

County Parental Leave Policy

  • The County has its own policy which provides for a leave of absence without pay for the purpose of fulfilling parenting responsibilities after the birth or placement of a child.
  • The leave is for a maximum of 13 bi-weekly pay periods and is at the discretion of the Department.
  • Portion of this leave may run concurrently with FMLA/CFRA bonding leave.

Applying for Leave of Absence (LOA)

  • All Leave of Absence Requests (except intermittent leave) should be processed in Workday
    • Leave of Absence event Request should be made through Workday 14 days before your leave begins
    • Emergency situations: no later than 14 days after your leave starts
    • Medical Leave
      • Must have a health care provider’s note uploaded into the Workday event. Note must include:
        • Date or expected date of disability (if no disability prior to birth, expected date of birth)
        • Expected duration
    • Parental Leave
      • Requests must include verification of birthday (i.e. birth certificate, hospital record or doctor’s note certifying date of delivery)