An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

kinds of leave, it must include a discussion of pregnancy disability leave in that publication. A school must give notice of disability leave rights to an employee "as soon as practicable" after the employee tells the school of her pregnancy. The school is also required to provide notice of disability leave rights to any employee who asks about such leave. The regulations encourage schools to provide current and new employees with the notice to ensure their awareness of their rights under the FEHA. Generally, the employee should give the school at least thirty (30) days advance notice where it is foreseeable the employee will need to take pregnancy disability leave. 1100 If such notice is not possible, such as during an emergency or unforeseen complication, the employee is required to give notice as soon as practicable. 1101 Upon receiving an employee’s notice, the school must respond to the leave request within ten (10) calendar days. 1102 G. T RANSFER T O A CCOMMODATE I NTERMITTENT L EAVE O R A R EDUCED W ORK S CHEDULE If it is medically advisable for an employee to take intermittent leave or leave on a reduced work schedule and it is foreseeable based on planned medical treatment because of pregnancy, the school may require the employee to transfer temporarily to an available alternative position. 1103 This alternative position must have the equivalent rate of pay and benefits, the employee must be qualified for the position, and it must better accommodate recurring periods of leave than the employee’s regular job. It does not have to have equivalent duties. Transfer to an alternative position may include altering an existing job to accommodate the employee’s need for intermittent leave or a reduced work schedule. 1104 H. R EINSTATEMENT A school is required to give the employee a guarantee of reinstatement to the same position or to a comparable position at the time it grants the leave. 1105 However, the employee has no greater reemployment rights than other employees. 1106 The school does not need to provide this guarantee in writing unless the employee requests it. 1107 F AMILY A ND M EDICAL L EAVE The federal Family and Medical Leave Act of 1993 (FMLA) 1108 and the California Family Rights Act of 1993 (CFRA) 1109 provide leave and maintenance of health benefits to eligible employees in five situations. First, leave is permitted for the serious health condition of an employee. Second, leave is permitted to care for a family member with a serious health condition. Third, leave is permitted for prenatal care, bonding with a newborn, and birth or placement for adoption or foster care of a child. Fourth, under the FMLA, leave is permitted to attend to a “qualifying exigency” related to a military member’s deployment. Finally, FMLA leave is allowed for an employee to care for a covered service member with a serious injury or illness. Section 4

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