APM 760-25

Childbearing Leave

a.  Description and Eligibility

An academic appointee who bears a child is eligible for childbearing leave for the period prior to, during, and after childbirth. Childbearing leave shall consist of time an appointee is temporarily disabled because of pregnancy, childbirth, or related medical conditions. Leave for childbirth and recovery normally will be for at least 6 weeks; more time may be necessary for medical reasons. Consistent with the FEHA, if an academic appointee is disabled because of pregnancy, childbirth, or related medical conditions she is eligible to take an unpaid childbearing leave (“pregnancy disability leave”) for up to 4 months during the period of actual disability. During a childbearing leave, no duties shall be required by the University. Childbearing leave need not be taken in one continuous period of time but may be taken on an intermittent or reduced schedule basis when medically necessary.

An academic appointee may be eligible for employer-paid Short-Term Disability Insurance Plan benefits and, if enrolled, for employee-paid Supplemental Disability Insurance Plan benefits if unable to work because of her physical condition. Before disability benefits under either the Short-Term or Supplemental Disability Insurance Plan can begin, an appointee who accrues sick leave must use accrued sick leave in accordance with the terms of the plan.

b. Pay Status

An academic appointee is eligible for childbearing leave regardless of the length of her University service. Pay status during childbearing leave shall be based on the following provisions:

(1) An academic appointee who accrues sick leave or vacation leave credit may, at her option, use such accrued leave credit in lieu of taking childbearing leave without pay.

(2) A member of the Academic Senate will receive at least her approved base salary for up to 6 weeks while she is unable to perform her normal University obligations. Any additional compensation under the Health Sciences Compensation Plan shall be paid in accordance with campus policies.

(3) A non-Senate academic appointee who does not accrue sick leave and who has served in her title or any other UC academic title for at least 12 consecutive months will receive at least her approved base salary for up to 6 weeks while she is unable to perform her normal University obligations. Any additional compensation under the Health Sciences Compensation Plan shall be paid in accordance with campus policies.

(4) A non-Senate academic appointee who does not accrue sick leave and who has not served in her title or any other UC academic title for at least 12 consecutive months will receive at least her approved base salary for approximately the period which would be accrued during the appointment in accordance with the accrual rates in APM - 710-18. Any additional compensation under the Health Sciences Compensation Plan shall be paid in accordance with campus policies. If additional leave is needed, leave without pay will be granted for the necessary period in accordance with applicable University policy.

 c. Accommodation of Pregnancy

As an alternative to or in addition to a childbearing leave, the University shall temporarily modify a pregnant appointee’s position or transfer her to a less strenuous or hazardous position upon request if medically necessary and if the temporary modification or transfer can be reasonably accommodated. This temporary modification or transfer shall not be counted against an eligible academic appointee’s entitlement to up to 4 months of childbearing leave (“pregnancy disability leave” under the FEHA) or family and medical leave unless the modification has taken the form of intermittent leave or a reduced work schedule.

d. Interaction with Family and Medical Leave Entitlement

If an academic appointee on a childbearing leave also is eligible for family and medical leave (see APM - 715), up to 12 workweeks of the childbearing leave shall run concurrently with family and medical leave under Federal law. At the end of a childbearing leave (which may extend up to 4 months if the individual is certified disabled by her health care provider), an eligible appointee also is entitled to up to 12 workweeks of unpaid leave consistent with the CFRA to care for her newborn child, if the child has been born by this date, or for any other covered reason except pregnancy or pregnancy-related medical conditions, if the appointee has any remaining FMLA/CFRA leave entitlement.

An academic appointee on family and medical leave, with or without pay, shall be entitled to continue participation in health coverage (medical, dental, and vision) as if on pay status for a period of up to 12 workweeks during a calendar year. However, the University will not continue to make employer contributions to health plan premiums for a CFRA leave if it has already done so for 12 workweeks granted under the Federal FMLA. Other group insurance coverage and retirement benefits shall be administered in accordance with the provisions of the applicable group insurance and retirement system regulations. Local Benefits Offices will provide information on how to continue insurance coverage.