There are a variety of leave options for expecting mothers in our union contract (and for fathers and adoptive parents, too!).  These leaves depend a lot on what the expecting or new mother’s doctor recommends she needs in terms of time off.  There is also a patchwork of laws related to leaves around pregnancy, recovery, and child bonding that need to be understood.  Fathers and adoptive parents can use the child bonding, personal business, and unpaid long-term leaves at the bottom of this article

Maternity Leave (During the Work Year)

Most expecting mothers will need some time off right before delivery, according to their doctors, and they will use their sick leave to cover this time off.  Upon delivery of her child, the new mother gets up to six work weeks off after the day of delivery, paid by the District, per the union contract (there is no paid maternity leave otherwise under any local, state, nor federal law).  

Assuming that those six weeks fall during the time she was regularly scheduled to work, like during any workdays in the school year, the new mother will not have to use her own sick leave to cover these six weeks of time off, and remains in paid status.  This negotiated  maternity leave is tied to the new mother giving birth during the work year and needing to take time away from work due to the delivery/recovery.  The logic of such leave is that women who due to biological factors give birth, will eat up more sick time statistically than men, and that has an impact on sick leave balances in their working lives, and on conversion to STRS credit upon retirement (they have less than men do).

It is not leave that can be banked and used at a later date like sick leave.  So, for example, for births during the summer, since that is not work time, there is no need to be released from work, so the leave does not apply and cannot be requested.  Likewise, it is tied to the day of delivery, so it cannot be used at a later date.   

Post District-Paid Maternity Leave with Health Complications

Once the six weeks of maternity leave is up, there are two leave paths that can be taken, depending on the new mother’s doctor’s recommendation.  More typically, a doctor will recommend up to six or eight weeks of sick leave after delivery (depending on a vaginal or Cesarean birth), and a new mother will be typically healthy enough to be released back to work after that amount of time off.  

Sometimes, some additional time off beyond those six or eight weeks will be added on by the doctor, in order to fully recover or deal with any lingering health issues post-delivery.  The time off needed beyond the six weeks of district-paid maternity leave would be covered by the employee’s own full and half pay sick leave, FMLA/CFRA Leave (Family Medical Leave Act/CA Family Rights Act, which is called “Family Care Leave” in the contract; this is unpaid leave, but it requires the District to maintain benefits), one month unpaid personal business absence (with benefits), and/or long-term leave without pay nor benefits (for the remainder of a school year and for five subsequent school years).  

The typical hierarchy would be to use up all your sick leave first (up to 110 days of combined full and half pay sick leave is allowed to be used in a given school year/per incident), then use FMLA/CFRA leave, then take a one month personal business absence, and then utilize unpaid long-term leave.  

Child Bonding Leave

Once the new mother is released back to work, she can then get child bonding leave (which is offered under FMLA/CFRA/Family Care Leave), for up to 12 work weeks.  This time off will be paid (and with benefits) via utilization of her own sick leave, either full pay if she has any left, and if not, then at the half pay rate.  If she has exhausted her half pay sick leave, the District will pay her at the half pay rate for the duration of the child bonding leave time off.  

Eligibility for child bonding is based on having worked for the District for at least 12 months.  One does not have to have worked for the District for 1,250 hours in the past 12 months like one does to take FMLA/CFRA for one’s own illness/injury.  The 12 work weeks off must be taken within one year of the child’s birth.  Additionally, if one has used FMLA/CFRA/Family Care Leave in the last 12 months for any reason, including for health complications post-delivery, they may have proportionally less, or no time off available for child bonding purposes.  

Moreover, child bonding leave can be taken in short increments (typically of no less than two weeks at a time, but the District could agree with the new mother to shorter increments).  And finally, if both parents are employees of the District, they can split up the 12 weeks between them.  

One-Month Personal Business Absence

Once the child bonding leave time is up, she can ask for a month of unpaid personal business leave. This leave is without pay, but with benefits.  It is also not a guaranteed leave, meaning the District could deny it.   

Extended Leave

After the child bonding time is up, and/or a one-month unpaid personal business absence has expired, a new mother can request the remainder of the school year off.  She can apply for long-term unpaid parental leave for the duration of the school year, and for five years after that.  

This leave is without pay and without benefits, but protects her job with SDUSD.  After one year on unpaid leave, she loses rights back to her former assignment/site, but has rights to a job within the District, and will get one either through post and bid, or she will be placed in a job by HR upon her return to work, as long as she returns within the five years.  

Pay & Salary Advancement Implications

Any time spent on unpaid leave will affect salary schedule advancement, and it affects STRS service credit.  

If a new mother is using half pay sick leave across two school years, meaning she is out at the end of the school year and plans to stay out for the start of the next school year, the District will drop her from 12 paychecks a year, if she is on a 12-pay plan, and revert her to 10-pay, meaning she would not get paid in July and August, and would get her first paycheck at the end of September. 

The Standard Disability Insurance

A very useful membership benefit is The Standard’s disability insurance, which kicks in any time anyone is not receiving a full paycheck from the District, and is taking time off due their own illness or injury (not for child bonding).  This is a benefit that can only be utilized by dues-paying members of SDEA/CTA who have enrolled in the program prior to their “disability” (pregnancy and time on maternity leave are considered temporary disabilities under the law).  One can apply and receive benefits once they are on half pay sick leave, or on any unpaid leave option, due to their own illness or injury.  

SOURCE: SDEA Contract, Sections 10.2, 10.4, 10.5, 10.7, 10.9 & 10.19