SLIDE 9 10/27/2016 9
Department of Obstetrics, Gynecology & Reproductive Sciences
Paid Leave (Wage Replacement)
- 3 states (CA, NJ, RI) offer paid leave through short-term
disability insurance. NY will begin in 2018
- Thru SDI, CA offers partial pay (55%, max $1129/wk):
– Pre-natal leave up to 4 weeks; Post-birth 6-8 wks (NSVD vs C/S) – Starting 2018: AB 908 increases the amount to 70% for low income and 60% for others starting when
- In addition, CA Paid Family Leave allows 6 more wks of
55% wages after the disability expires. However, many not eligible for this. (will also go up to 70%/60%)
- In SF, Paid Parental Leave Ordinance PPLO will provide
full salary for 6 wks after birth starting in Jan 2017 for companies with >50 employees Remember: wage replacement is separate from job protection
Department of Obstetrics, Gynecology & Reproductive Sciences
Wage replacement vs Job Protection: Ca workers
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Typically 4 wks before, 6 wks after del but up to 12 wks or 4 mos if medical indication
SDI= State Disability Insurance (red form, CA) PPLO-Paid parental Leave Ordinance (SF) PFL=Paid Family Leave (CA) FMLA= Federal Medical Leave Act PDL =CA Pregnancy Disability Leave CFRA =Ca Family Rights Act
PPLO- SF;
6 wks fully paid for bonding
55% 55%
Department of Obstetrics, Gynecology & Reproductive Sciences
Reference: Eligibility and Benefits
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55% of salary up to $1129/wk for up to 52 wks, elig: all who get paycheck, even if undocumented; req med certification 6 wks additional partial salary for bonding within 1 yr
- r caring for ill family members, same elig and $ as
SDI, both parents elig, can be intermittent
FMLA: 50+ employees, >1 yr work at >1/2 time; PDL: 5+ employees; Either can be used for prenatal care, protect job, maintain insurance; Request from employer. Same as FMLA. Use for bonding within 1 yr after recovered from disability. Maintain insurance and job, non-birth parent also eligible; Request from employer.
SF PPLO:
full salary for 6 wks, 20+ employees, phasing in starting in 2017
Department of Obstetrics, Gynecology & Reproductive Sciences
Are pregnant women disabled or not?
Answer: Not just by being pregnant
- ADA 1990: The “Normal Pregnancy” Doctrine: Limitations
caused by ordinary, non-complicated pregnancies generally not disabilities, and generally not eligible for accommodations
- ADAAA 2008: Expanded the definition of disability to
include less severe, shorter lasting impairments. – A pregnancy-related impairment that substantially limits a major life activity is a disability – Reasonable accommodations required for those with disability
- SO even if your state doesn’t have a specific pregnancy
law, your patient may be eligible for accommodations under the ADA
