4152.3/4252.3

Personnel — Certified and Non-Certified

Long-Term Leaves

Maternity Leave

Disabilities caused by pregnancy, miscarriage, abortion or childbirth and recovery therefrom shall be treated like any other temporary non job related disability. Accordingly, employees shall be granted a leave of absence (not to exceed six weeks) and may use accumulated paid sick leave to continue to receive pay during any such disability. Board policies regarding the commencement and duration of the leave of absence, the availability of extensions, the accrual of seniority, the continuation of health and other benefits and privileges (if any) protection under health or temporary disability plans which may apply to non-work related temporary disabilities, all shall apply.

There shall be a presumption of disability for six (6) weeks after termination of the pregnancy; therefore a physician's documentation shall not be required. If the employee continues to be disabled beyond the six-week period, documentation from the employee's physician shall be required in order for the employee to continue to be eligible to use accumulated paid sick leave. In the event the administration questions the continued disability of the employee, it may require her to immediately submit to an examination by a physician of the administration's choosing. In the event the two physicians disagree, a third shall be selected by the two physicians whose opinion shall be binding on the parties.

Child-rearing Leave

Any employee (male or female) may request an unpaid leave of absence following the birth or legal adoption of a child. Such leaves shall not exceed one year in duration. Reinstatement shall occur on either the first day of the school year or the first day of the third marking period following the birth or adoption of a child and which is within the one year period. The employee must provide at least two months' notice of the return to work date.

An employee may return sooner with the approval of the Superintendent of Schools. Employees eligible for vacation leave may utilize accrued vacation leave to receive pay during child-rearing leave up to the extent available. Sick leave may not be utilized during a child-rearing leave. Employees on child-rearing leave may continue to receive health insurance benefits by paying to the Board the COBRA rate.

Application of the Family and Medical Leave Acts

Under the Federal Family and Medical Leave Act employees are entitled to take unpaid leaves of absence for up to twelve (12) weeks in any given calendar year in certain circumstances, including following the birth or adoption of a child. While unpaid, employees on leave designated as a FMLA leave are entitled to continue to receive health insurance benefits, subject to the payment of any applicable co-payment requirements. Any maternity or child-rearing leave taken during a given calendar year shall be counted towards the employee's eligibility of FMLA leave.

Policy adopted: