pregnancy complete

pregnancy complete


Good more everyone. Welcome to
Organizational Excellence’s webcast for “Pregnancy and New Mom Compliance Must-Knows for Supervisors” with Jacquiline Wagner now for almost 20 years
Jacqueline my new Esquire has enjoyed the privilege of training hundreds of
employers and supervisors in an assortment of industries concerning all
aspects of employment law including sexual harassment prevention cultural
competency sensitivity training I nine procedures and no match letter protocols
alternative work schedules reasonable accommodations and a wide array of MC le
topics currently miss Wagner is the principal sexual harassment prevention
evolved leadership reasonable accommodations pregnancy issues
sensitivity training and continuing education trainer on behalf the office
of general counsel for the Los Angeles Unified School District where she is an
assistant general counsel and here’s Jaclyn Wagner good morning welcome to
pregnancy and new mom compliance must nose for supervisors California is at
the forefront in developing laws which protect the status of pregnant women we
have at least four separate pieces of legislation unique to California which
address the leave and accommodation needs of pregnant and new mothers you
need to be familiar with each of them and this class will help you do that
specific specific to California those laws are known as California Employment
and Housing Act or feeha California Pregnancy Discrimination leave law
pardon me pregnant ANSI disability leave law California Family Rights Act or the
CFR a and California Labor Code meet Samantha a woman in your workplace
whom you supervise a little later you’re going to receive the great news that
samantha is pregnant I am going to walk you through each stage of Samantha’s
pregnancy and return to work and guide you through the do’s and don’ts of
handling various issues that may or will come up during her pregnancy now let’s
say samantha has not yet announced her pregnancy to you but lately she’s been
looking a little tired and she’s been gaining weight and it’s not a baby bump
you’re wondering whether maybe you should just ask Samantha if she’s
pregnant well we don’t recommend you take that
approach the feeha prohibits discrimination harassment and
retaliation for exercising rights afforded under the Act
in addition Samantha’s employer will be held liable for discriminatory conduct
against not only pregnant employees but also for discriminatory conduct against
women Samantha’s employer receives to be pregnant even if she is not this concept
is similar to the perceived disability regulations under the Americans with
Disabilities Act and the CFR a good job you held back from asking Samantha
whether she was pregnant but now she’s come to let you know that she is in fact
pregnant all of the sudden you have one of those need a moment moments like in
the Twix commercials what do you say to Samantha you may be genuinely happy for
Samantha or you may be upset because she is working on a big project and now
you’re wondering whether it’s going to get completed or you wonder whether
she’s going to be asking for a bunch of time off you may be personally you may
personally see this mistake as a you may personally see this pregnancy as
a mistake for Samantha given her age her point in her career her marital status
or that you already you think she already has too many kids however each
announcement of pregnancy should be treated as a joyous occasion
congratulations are always in order now that you’re affirmatively affirmatively
aware that Samantha is pregnant and you’re not just guessing you’ll want to
make sure to avoid asking questions which may be perceived by Samantha as
harassing such as have you been tested for any abnormalities who is the father
how old are you are you married do you want this baby were you trying to get
pregnant or is this an oops baby you’ll want to avoid making inappropriate
comments about the pregnancy such as referring to Samantha as knocked up
commenting about Samantha’s appearance making were some comments about the
health of the baby blaming Samantha’s pregnancy or hormones
for any of her conduct comments or attitude you’ll also want to refrain
from touching Samantha’s growing belly even if she invites it doing so may be
viewed a little later as awkward in the workplace and it could prove to be
harassing conduct it may be tempting to try to protect
Samantha from doing certain jobs while she is pregnant for example what if
Samantha’s jobs include heavy lifting what if she gets hurt
couldn’t you just make some changes to her job until she had the baby
some women fly through their pregnancies without any complications and they don’t
require any adjustments to their job functions at all
transferring Samantha to another position over her objection may be
considered harassing or discriminating unless the transfer is based on her
legitimate operational needs unrelated to Samantha’s pregnancy or perceived
pregnancy nor can you take away job functions or force her to take a leave
of absence before she’s ready but what if some samantha is disabled by her
pregnancy and asks for it change based on her pregnancy disability
and see such that she needs and requests an adjustment of her Josh functions or
an accommodation California’s pregnancy disability regulations explicitly
require employer’s to engage with the women in the interactive process to
determine whether a reasonable accommodation can be made Samantha’s
employer is required to determine if her accommodation request is reasonable on a
case-by-case basis an accommodation may include modifying work practices or
policies modifying work duties modifying work schedules permitting more frequent
breaks providing furniture or providing break time when determining whether a
requested accommodation is reasonable Samantha’s employer must look at the
totality of the circumstances and considerate various factors including
but not limited to the employees medical needs the duration of the needed
accommodation and the employers legally permissible past and current practices what if Samantha’s pregnancy disability
is a little more serious and she needs more than just modifying work duties let’s say she needs to take time off
because her because of her pregnancy related disability the fee how requires
employers who employ five or more employees like the district to provide
employee use who are disabled by their pregnancy a reasonable period of leave
not to exceed four months samantha is entitled to leave for each pregnancy she
has not just per year the feeha requires Samantha’s employer to give her time off
from work if she’s disabled by the pregnancy disabled by childbirth or has
a medical condition related to pregnancy or childbirth and remember that one
we’re going to talk about that the end of the program Samantha’s length of service has no
bearing on whether she is eligible for pregnancy disability leave
there is no length of service or minimum hours worked requirement so even
recently hired employees are eligible for this leave not every pregnancy isn’t in of itself
considered a disability samantha is considered disabled by pregnancy or
childbirth if in the opinion of her health care provider she would be unable
to perform an essential function of her job without undue risk to herself to her
pregnancies successful completion or to other persons of course it’s okay for
Samantha’s employer to seek medical documentation demonstrating that she
needs time off for pregnancy disability however her employer should avoid prying
into personal questions about the pregnancy details of the pregnancy or
disability or seeking more information than is necessary to substantiate the
need for the leave her employer should also be particularly
sensitive to Samantha’s medical privacy the the
regulations provide examples of conditions which may be indicative of a
pregnancy related disability which include prenatal care postnatal care the
need for best bed rest gestational diabetes pregnancy-induced hypertension
preeclampsia postpartum depression childbirth loss or end of pregnancy
recovery from childbirth and even severe morning sickness in some cases Samantha’s employer is required to
notify her of her right to take pregnancy disability leave in three ways
first while I post seeing a notice in a conspicuous place second by providing
Samantha with a copy of the notice as soon as possible after becoming aware of
her pregnancy and third by including a discussion of pregnancy disability leave
in the employee handbook Samantha’s employer may electronically
post the notices and may send them via email for FEHA covered employers like
the district with the workforce comprised of 10% or more of persons
whose primary language is not English the notices must be translated into the
languages spoken by the employees Samantha’s employer may also give verbal
or written notice in the appropriate language to those employees of their
right to pregnancy disability leave reasonable accommodation and transfer
once the employer knows she is pregnant for employers with fewer than 50
employees they are required to post notice a which was provided in your
written materials it can also be found at WWD f HC a gov backslash re s
backslash do see s backslash publications backslash notice % 20 a dot
PDF for employers with 50 employees or more like the district they are required
to post notice B which was also provided in your written materials it can also be
found at the same website except instead of percentage 20 B it can be found a
percentage 20 instead of percentage twenty a it can be
found at percentage twenty be Samantha’s employer isn’t the only one
who’s noticed requirements come into play when it comes to pregnancy
disability leave samantha has her own obligations as well she has a duty to
notify her employer of her intention to take pregnancy disability leave if the
need for taking leave is foreseeable samantha is required to give 30 days
notice however if the need for leave arises suddenly and without enough time
to give the 30 days notice then she is only obligated to give notice as soon as
is practicable Samantha has notified you that she needs
to take time off for bed rest and she has provided you with all the necessary
documentation from her doctor well how do you calculate the four months she’s
entitled to the four month period afforded under the fee ha is calculated
in hours rather than days four months is defined as one third of a year or 17 and
one-third weeks a full-time employee working 40 hours a week is entitled to
693 hours of pregnancy disability leave part-time employees working 20 hours per
week are entitled to 304 forty six point six hours of pregnancy disability leave
an employee who is disabled by her pregnancy may take the pregnancy
disability all at once or intermittent intermittently in increments
Samantha’s employer may account for increments of intermittent leave or
reduce work schedules using an increment no greater than the shortest period of
time the employer uses to account for use of other forms of leave but not
greater than one hour just because samantha is out on leave
doesn’t mean she loses any seniority status while she’s out the leave does
not constitute a break in service for purposes of longevity and or seniority
under any collective bargaining agreement or under any employee benefit
plan in addition since there’s no break in service
if samantha was up for a promotion or raised before she went out the fact that
she went out should have no impact and her employers should move forward with
the promotion or raise Samantha’s employer is required to
maintain and pay for group health coverage assuming she’s eligible for
coverage at the same level and under the same conditions that coverage would have
been provided if she had continued in employment continuously for the duration
of the leave if Samantha doesn’t return to work after her pregnancy disability
leave her employer is permitted to recover the premiums paid while she was
on pregnancy disability leave unless the reason she’s not returning is because
she’s taking additional leave pursuant to the CFR a which we’ll discuss in the
moment or as an accommodation for a continuing disability while she’s on pregnancy disability
leave Samantha will continue to participate in
the employee benefit plan including short-term and long-term disability or
accident insurance pension and retirement plans stock options and
supplemental unemployment benefit plans to the same extent and under the same
conditions as would apply to any other unpaid disability leave granted by the
employer for any reason other than pregnancy disability we’ll Samantha get paid while she’s out
on pregnancy disability leave the fee ha only provides for the leave and for job
protection during the leave it doesn’t provide for compensation for most
purposes employees who are on pregnancy disability leave must be treated the
same as employees on other types of disability leave in terms of pay
benefits and other terms and conditions of employment for example if the
employer provides paid leave for other types of temporary disabilities the
employer must also provide paid leave for pregnancy disability leave
however there are three ways Samantha can receive compensation during her
pregnancy disability leave she can use her sick time she can use her vacation
time and she can apply for state disability insurance Samantha’s employer is permitted to
require her to use her accrued sick leave time during the otherwise unpaid
portion of her pregnancy disability leave she can also opt to use her sick
paid during this time regardless of whether her employer requires it
Samantha’s employer is not permitted to require her to use vacation time during
her pregnancy disability leave of course Samantha can voluntarily elect to use it
since samantha is unable to perform her regular or customary job duties she may
be able to collect state disability insurance while she’s on pregnancy
disability leave let’s assume samantha is able to return
to work following her pregnancy disability leave she has the right to be
reinstated to the same position she held before taking her leave unless the job
no longer exists due to a legitimate business Reese then unrelated to her
taking the pregnancy disability leave such as a layoff pursuant to a plant
closure or a reduction in force if the employer is excused from reinstating
samantha to her same position or with the same duties it must then reinstate
her to a comparable position unless the employer would not have offered a
comparable position to samantha if she would have been continuously at work
during the pregnancy disability leave or there’s simply no comparable position
available you if Samantha’s employer cannot return her
to a comparable position it must provide Samantha with notice of a comparable
position for 60 days it will not be enough to simply give the employee the
option of searching for comparable jobs the employer will now have the
obligation to notify the employee of potential comparable positions but let’s assume Samantha doesn’t return
to work after she takes her pregnancy disability leave let’s assume that upon
the completion of her pregnancy disability leave she gives birth
let’s welcome Samantha junior to the world and discuss Samantha’s continued
leave of course Samantha will want to take time off to
bond with her new baby and to recuperate from the delivery
in addition to her pregnancy disability leave Samantha and her life partner may
each be eligible to take a 12 workweek leave of absence for the birth of a
child for purposes of bonding placement of the child in the employees family for
adoption or foster care for serious health condition of the employees child
or spouse or for the employees own serious health condition for purposes of
this training let’s refer to this type of leave as baby bonding leaves wait you
may be wondering can Samantha really take back-to-back leaves if she’s out 7
8 17 and a third weeks on pregnancy leave pregnancy disability leave rather
and out another 12 weeks on baby bonding leave that’s 29 and 1/3 weeks or about 7
months can she really be out 7 months yes the laws that pertain to pregnancy
disability leave and to baby bonding leave run consecutively not concurrently
in California that means that pregnancy disability leave is separate and
distinct from Samantha’s right to take leave under the CFR a to be eligible for baby bonding leave
Samantha and her life partner will have to have worked for their respective
employers at least 1,250 hours over the previous 12 months before the pregnancy
before the leave if both Samantha and her life partner are eligible for CFRA
but they are employed by the same employer which is pretty common here at
the district their employer may limit the leave for birth adoption or foster
care placement to twelve work weeks in a 12-month period between the two partner
parents Samantha’s employer must provide her
with reasonable advance notice of how she should go about applying for baby
bonding leave under the CFR a that is the employers notification
responsibility samantha however is required to give at least verbal notice
of her need for baby bonding leave as well as the anticipated timing and
duration of her leave her employer may require 30 days advance notice unless
it’s not practicable to give that much notice it is the employers
responsibility to designate Samantha’s leave as CFR a qualifying in some cases
an employer’s failure to properly designate leave may entitle the employee
to additional leave you Samantha’s employer is required to
respond to her leave requests as soon as is practicable not to exceed 10 calendar
days twelve work weeks means the equivalent
of 12 of the of Samantha’s normally scheduled work weeks Samantha and or her
partner do not need to take baby bonding leave in one continuous period of time
just as with pregnancy disability leave baby bonding leave can be taken
intermittently however in most cases baby bonding leave must be concluded
within one year of the birth of Samantha Jr
you baby bonding leave does not constitute a
break in service for purposes of longevity and or seniority under any
collective bargaining agreement or under any employee benefit plan and that’s the
same with pregnancy disability leave as well if Samantha’s employer provides health
benefits under any group health plan her employer has an obligation to maintain
and pay her health coverage at the same level and under the same conditions as
coverage would have been provided had she been continuously employed during
the entire leave period as with pregnancy disability leave
Samantha’s employer can recover what it paid in maintaining her group health
care coverage if she doesn’t return to work as with pregnancy disability leave
Samantha’s employer is not required to pay her during her baby bonding leave
however Samantha can voluntarily elect to use her accrued vacation time and in
most cases her employer may require her to use her accrued vacation time also
Samantha’s nsync time of course Samantha can voluntarily off to use her sick time
as well the usual period to collect state
disability insurance for a normal pregnancy is up to four weeks before the
expected delivery date and up to six weeks after the actual delivery however
Samantha’s physician may certify a longer period if her delivery is by
cesarean section if there are medical complications or if she’s unable to
perform her regular and customary job duties for California workers covered by state
disability insurance paid family leave insurance provides up to six weeks of
benefits for individuals who take time off to bond with their new child
you baby bonding leave under the CFR a must
include a guarantee of employment in the same or comparable position upon
Samantha’s return to work unless she would not otherwise have been employed
at the time reinstatement is requested requested such as in a layoff situation under limited circumstances where
reinstatement to employment will cause substantial and grievous economic injury
to the operations of Samantha’s employer it may refuse to reinstate her if she’s
a highly paid salaried he employee in order to do so her employer must notify
the employee in writing of his or her status as a key employee the reasons for
denying job reinstatement and provides Samantha a reasonable opportunity to
return after notifying her that she won’t be reinstated what if by the time samantha is supposed
to return to work she’s still physically or mentally disabled and unable to
return samantha may also be forded may be afforded leave as an accommodation
separate and apart from pregnancy disability leave or the baby bonding
leave in fact it’s a right to take pregnancy disability leave the right
the right to take pregnancy disability leave the right to take baby bonding
leave and the right to take a leave of absence as an accommodation our each
separate and distinct if Samantha requests time off as an accommodation
her employee employer should engage with her in the interactive process to see if
any if an accommodation can be made you Samantha has now returned to work on her
first day back she informs you that she has been breastfeeding Samantha jr.
while on leave and that she intends to continue breastfeeding her at least
until Samantha jr. is one year old here’s what you need to know at the
outset as a matter of policy the district applauds and supports its new
mothers who choose to breastfeed we want to work with new mothers to ensure they
have every opportunity to continue breastfeeding after they return to work
according to a study by the office on women’s health US Department of Health
and Human Services and numerous other studies the hormones and antibodies in
breast milk provide babies from many illnesses this protection is unique
formula cannot match the chemical makeup of human breast milk breastfed babies
enjoy lower risk of ear infections gastrointestinal tract problems
respiratory infections asthma obesity types one and two diabetes
childhood leukemia and some skin rashes breastfeeding has also been shown to
lower the risk of sudden infant death syndrome or SIDS and to increase IQ
that’s why many experts recommend that a baby be breastfed for at least the first
year of life since the babies of our employees may likely be our future
customers here at the district we want them to be as healthy as possible
it’s not easy to breastfeed and it’s even less easy to express milk at work
it’s cumbersome awkward and laborious chore for most women when Samantha asked
for time to express milk it’s probably not because she’s trying to get away
with something or use it in this use it as an excuse to get out of work
most women would probably really rather be working than expressing milk but they
do it because they believe it will give their child the best possible chance at
a healthy and bright future you should understand that Samantha’s body will
produce milk as it is used the more that is expressed the more the body produces
if less is expressed the body will begin to produce less how often she expresses
and the duration she expresses will impact her milk production
Samantha’s employer definitely doesn’t want to impede her production by
unreasonably limiting the frequency or duration she is entitled to express milk
typically a new mother needs to express milk every three hours for about 15
minutes to a half an hour depending on her skill stress level milk production
and other conditions the California Labor Code provides that samantha is
entitled to a reasonable amount of break time to express milk as frequently as
needed ideally the break time could be concurrent with Samantha’s usual break
time but it need but it need not be a paid break time unless paid break time
is already part of her workday she must also be provided a functional
place to express a bathroom even if private is not a permissible location if
the space permitted is not dedicated to the nursing mothers use it must be
available when needed shielded from view and free from any intrusion from
co-workers and the public the feeha expressly prohibits
discrimination and harassment of new mothers who choose to express milk at
work in fact breastfeeding or medical conditions related to breastfeeding is
in its own protected category Samantha’s employer should also be
mindful that it may be liable for discrimination against Samantha if it
docks her pay for the time she uses to express milk and doesn’t dock the pay of
folks who take quick breaks to smoke grab a coffee or chat at the water
cooler Samantha’s employer should be mindful
that lactation is included as a potentially disabling related medical
condition which may afford Samantha a job transfer or other reasonable
accommodation remember I said I was going to mention that again if
the way Samantha starts to experience performance issues her employer should
know that she is not insulated from discipline to avoid a claim by Samantha
that the discipline is really just pretext and that she’s being
discriminated against harassed or retaliated because she’s pregnant
pregnant disabled by pregnancy or leave or being accommodated documentation of
the performance issue is key denying leave or accommodation should
never be used as a disciplinary measure leave and accommodations are afforded
regardless of disciplinary issues to be safe Samantha’s employers should always
handle and discuss the performance and discipline issues separate and apart
from any discussions about leave or accommodations well on behalf of organizational
excellence we’d like to thank all of you for participating
today’s webcast we’d appreciate if you’ll return to the learning zone to
fill out a program evaluation which you’ll find under your my history tab in
the learning zone and while you’re there look for our future webcast by searching
for the keyword webcast of the learning zone also check out our just-in-time
training topic pages at WWE

Leave a Reply

Leave a Reply

Your email address will not be published. Required fields are marked *