250City of Anaheim Administrative Regulation
CHAPTER 2 — EMPLOYMENT PROCEDURES
Subject: Pregnancy Disability Leave (PDL) A.R. 250
Issue Date: December 10, 2008
Page: (1) of (2)
(1) Purpose:
The purpose of this regulation is to establish a City of Anaheim Pregnancy
Disability Policy pursuant to the California Fair Employment and Housing Act
(FEHA).
Employees are eligible to take up to four months of Pregnancy Disability Leave
(PDL) if they provide a request for such leave and provide medical certification
identifying a disability due to pregnancy, childbirth or related medical conditions.
If affected by pregnancy or related medical conditions, the employee is eligible to
transfer to a less strenuous or hazardous position, or to less strenuous or
hazardous duties if this transfer is recommended by the employee's physician.
The employee is also eligible to receive reasonable accommodation for conditions
related to pregnancy, childbirth, or related medical conditions if advised by their
health care provider.
Definition - "Eligible Employee" is defined as any employee who is disabled by
pregnancy, childbirth or related medical condition.
There is no required minimum amount of service time or number of hours worked
in order to be eligible for PDL, unlike the Family and Medical Leave Act
(FMLA) which requires a minimum of one (1) year service and 1,250 hours
worked.
Provisions:
The PDL is for any period(s) of actual disability caused by pregnancy, childbirth
or related medical conditions up to four months per pregnancy.
Medical certification of pregnancy disability or the medical advisability for a
transfer from health care providers should include:
(a) the date on which the employee became disabled due to pregnancy or
the date advisability of the transfer;
(b) the probable duration of the period(s) of disability or the period(s) for
the advisability of the transfer; and
City of Anaheim Administrative Regulation 250
Page (2) of (2)
(c) a statement that, due to the disability, the employee is unable to work
at all or to perform any one or more of the essential functions of the
position without undue risk to herself or other persons, the successful
completion of her pregnancy or a statement that, due to her pregnancy,
the transfer is medically advisable.
PDL does not need to be taken in one continuous period of time; it can be taken
on an as needed basis (intermittently).
Time off needed for prenatal care, severe morning sickness, doctor ordered bed
rest, childbirth and recovery from childbirth is covered by PDL.
After a pregnancy disability leave or transfer, employees are guaranteed a return
to the same position. If the same position is no longer available, such as in a
layoff, a position must be offered that is comparable in pay, location, job content
and promotional opportunities, unless it can be shown that no comparable position
exists.
Employees shall be required to use accrued sick leave balances for any authorized
pregnancy disability leave. At the employee's option, accrued vacation or other
accrued time off may be applied toward the pregnancy disability leave. If no
accrued sick or vacation leave is available, the employee shall be placed on leave
without pay status.
PDL will run concurrently with FMLA and short term disability (STD), for those
who are eligible for FMLA and STD.
(2) Procedure:
The employee has a duty to notify the employer of a request for PDL. If the need
for leave is foreseeable, the employee is required to give 30 days advance notice.
The 30 days' advance notice may be waived with management approval.
Requests for PDL, including medical certification, shall be forwarded to the
employee's supervisor, who shall then forward the request to the Human
Resources Department.
(3) Responsibility:
The Human Resources Department shall be responsible for review of the request
and ensuring that the City's PDL program is in compliance with state law and
City policy in advising the operating department and requesting employee of their
rights and responsibilities.
Attachments: None