(a) (1) Pregnancy related medical leave shall be granted to an eligible female employee as a result of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.

(2) Pregnancy related medical leave shall consist of paid administrative leave not to exceed ten (10) working days, encompassing the date of childbirth.

(b) Definition. As used in this Section, eligible female employee is defined as a full-time classified or full-time unclassified female employee.

(c) Use of Additional Leave Subsequent to Pregnancy Related Medical Leave. Subsequent to the use of paid administrative pregnancy related medical leave, an eligible female employee is permitted to take additional leave that, in combination with pregnancy related medical leave, does not exceed a total of one hundred thirty (130) work days of total leave surrounding childbirth.

(1) After pregnancy related medical leave is exhausted, employees shall then use parental leave, sick leave, annual paid leave, compensatory leave, and leave without pay, in that order.

(2) If employees have exhausted all of the previously stated forms of leave, they may then use any donated sick leave obtained through the leave sharing program.

(d) Approval of Pregnancy Related Medical Leave and
Additional Leave Surrounding Childbirth.

(1) The employer shall approve up to one hundred thirty (130) total work days of leave, comprised from the various leave sources as listed and pursuant to the order provided in Subsection (c).

(2) Leave surrounding childbirth that is requested in excess of one hundred thirty (130) working days may be approved on a case-by-case basis at the discretion of the employee’s appointing authority.
(e) Eligible Female Employees on a Probationary Status. Eligible female employees who take pregnancy related medical leave and additional leave surrounding the birth of a child(ren), while on a probationary status, will have their probationary status increased by the number of work days they miss during the leave period.

(f) Notice of Foreseeable Leave.

(1) The employee has the responsibility to provide the supervisor no less than ninety (90) days notification of intent to use pregnancy related medical leave and additional leave surrounding birth of a child(ren).

(2) If less than ninety (90) days is available, then notice shall be given as soon as is reasonably practical.

(g) (1) An employee who gives birth to multiple children at the same time is granted the same amount of pregnancy related medical leave as an employee who gives birth to a single child.

(2) Pregnancy related medical leave is not cumulative; and parental leave cannot be sold or donated to other employees.

(h) Employment and Benefits Protection.

(1) Except for workforce reduction situations, an employee taking paid leave shall be restored to the same or equivalent position held prior to the leave, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(2) There shall be no loss of employment benefits accrued prior to leave, except for paid administrative leave expended.

(i) Notification to Eligible Employees. Written notice by the hiring agency setting forth employee rights and responsibilities under the statute is required at the time of hire.

SOURCE: Added by P.L. 16-023 (Aug. 11, 1981) as § 4106. Repealed and reenacted by P.L. 21-067:1 (Nov. 26, 1991). Amended by P.L. 26-
108:3 (June 18, 2002). Amended and renamed by P.L. 33-141:2 (Mar. 4,
2016), effective 60 days after enactment.2018 NOTE: Subsection/subitem designations altered/added pursuant to authority granted by 1 Guam Code Ann. § 1606.