An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

D. M EDICAL C ERTIFICATION Schools may require that employees seeking to take pregnancy disability leave provide a medical certification from the employee’s health care provider. A certification is a written communication stating that the employee is either disabled due to pregnancy or that it is medically advisable for the employee to be transferred to a less strenuous or hazardous position or to less strenuous or hazardous duties. 1091 The certification indicating disability necessitating leave should contain: (1) the date on which the woman became disabled due to pregnancy, (2) the probable duration of the period or periods of disability, and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. 1092 The certification indicating the medical advisability of the transfer should contain: (1) the date on which the need to transfer became medically advisable; (2) the probable duration of the period or periods of the need to transfer; and (3) an explanatory statement that, due to the woman’s pregnancy, the transfer is medically advisable. 1093 E. M AINTENANCE O F H EALTH B ENEFITS A school must maintain and pay for an eligible employee’s coverage under a group health plan for the duration of the leave, not to exceed four months per pregnancy, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. 1094 The school may, but is not required to, maintain and pay for the employee’s health coverage beyond four months if it so chooses. 1095 An employee’s entitlement to school-paid health coverage during pregnancy disability leave and during leave under the California Family Rights Act (CFRA) (e.g. bonding leave) are two separate and distinct entitlements. 1096 Therefore, depending on how long the employee is disabled by pregnancy, an employee could be entitled to maintenance of her health benefits for four months during her PDL leave and an additional 12 weeks while using CFRA leave for baby bonding. This is true regardless of whether the employee’s PDL is run concurrently with leave under the federal Family and Medical Leave Act (FMLA). 1097 The school may recover from the employee the premium that the school paid if the employee fails to return from leave and the employee’s failure to return is for a reason other than her taking leave under the CFRA, or the continuation, recurrence, or onset of her pregnancy disability or other circumstances beyond the employee’s control. 1098 F. N OTICE R EQUIREMENTS Schools must comply with several notice obligations under the FEHA. 1099 First, schools are required to post a notice in a conspicuous place that informs employees of their right to request pregnancy disability leave or a transfer. If the school publishes rules or policies regarding other

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