MATERNITY LEAVE

School Board Policy 5404

A staff member may use accumulated, paid sick leave for the period of actual disability attributable to pregnancy or childbirth. This period of disability shall extend from the date of birth for a period of not more than 42 days, unless an actual period of disability which begins prior to the date of birth or continues beyond 42 days is otherwise verified in writing by the employee's physician.

If the employee's accumulated sick leave is exhausted during the period of maternity disability, the district shall grant a leave of absence without pay or fringe benefits, upon the staff member's request, for the remainder of the period of actual disability due to pregnancy or childbirth.

During any unpaid portion of such leave of absence, the staff member may pay the premiums for any district insurance plans to keep coverage in effect for the employee and her family.

 NOTICE

A pregnant staff member is requested to notify her immediate supervisor and the superintendent/designee by the beginning of the fifth month of pregnancy.

At the time of such notice the staff member shall submit a written request to her immediate supervisor and the superintendent or designee for one or more of the following:

1. Maternity leave for the period of her actual disability due to pregnancy or childbirth;

2. Family medical leave for a period of up to 12 work weeks, in addition to any period of maternity disability leave, the district will extend the employee's health benefit during this period of unpaid leave for newborn baby bonding;

3. Leave of absence for a period of up to the beginning of the next school term or school year. Such extended leave of absence may be approved at the discretion of the superintendent/designee and in conjunction with applicable collective bargaining agreements based upon consideration of educational program needs and the desires of the staff member, together with the recommendation of her personal physician or licensed practitioner; or

4. Termination of employment by resignation.

The notice to the district shall include the approximate beginning and ending dates for the leave.

 EMPLOYMENT CONDITIONS

A pregnant staff member may continue working as long as she is capable of performing her normal duties.

The staff member may return to work when physically able to perform her duties. If the employee intends to return to work within 42 days of childbirth, her personal physician or licensed practitioner must certify that the staff member is in good health and ready to resume her duties.

No later than 30 days after the date of birth, the staff member is requested to notify the superintendent or designee of the specific date when she will return to work. Unless the superintendent or designee approves an earlier date of return, the employee will give at least 14 days advance notice of the actual date of return.

The staff member will return to her duties following an extended leave of absence on the date approved by the superintendent/designee. If the employee is still experiencing a disability due to pregnancy, miscarriage, abortion, childbirth or recovery which prevents the employee from performing her duties on the scheduled date of return, an additional period of unpaid leave of absence may be approved at the discretion of the superintendent/designee based upon consideration of educational program needs and the recommendation of the employee's personal physician or licensed practitioner.

 ASSIGNMENT UPON RETURN

An employee who has taken a leave of absence only for the actual period of disability relating to pregnancy or childbirth or up to twelve weeks of family medical leave shall return to the same assignment, or a similar position for which she is qualified with at least the same pay and benefits, as she held prior to the maternity leave or family leave.

Upon return from an extended maternity leave, a staff member shall be entitled to a position in the district subject to the availability of a position for which she is qualified. An effort shall be made to place the staff member in her original position or in a comparable position.

 Right to Apply for Other Leave

Nothing in this policy shall preclude a staff member's right to apply for any other applicable leave as provided by board policy or applicable collective bargaining agreement language.

 Return to Work

Any employee returning from an authorized family leave, will be entitled to the same position held by the employee when the leave commenced, or to a position with equivalent benefits and pay.

Reinstatement of an employee returning from family leave need not occur if: a) the specific job is eliminated by a bona fide restructuring, or a reduction-in-force resulting from lack of funds or lack of work, b) an employee on family leave takes a position with another employer outside the home, or c) the employee fails to provide the required notice of intent to take family leave or fails to return on the established ending date of leave. If an employee fails to return from family leave, the district may recover the costs of the employee's health benefits paid during the leave. Instructional staff may be required to delay their return from family leave to the beginning of the next semester under the following circumstances:

A. The employee began leave five or more weeks before the end of the semester, the leave is for more than three weeks, and the employee would otherwise return to work within three weeks of the end of the semester.

B. The employee began family leave (except for a personal health condition) less than five weeks before the end of the semester, the leave is for more than two weeks, and the employee would otherwise return to work within two weeks of the end of the semester.

C. The employee began family leave (except for a personal health condition) three or fewer weeks before the end of the semester and the period of leave is more than five working days.

Temporary disability leave for pregnancy and childbirth is available to birth parents for prenatal and postpartum medical needs. Most often, this leave is used in the six weeks immediately following childbirth (eight weeks if the birth is by caesarean section). Additional leave may be approved if you have complications and your health-care provider recommends a longer period.

Temporary disability leave for pregnancy and childbirth is an approved leave of absence, not a type of accrued time off.

For birth parents, temporary disability leave for pregnancy is in addition to parental leave. Following temporary disability leave for pregnancy, you may take parental leave to bond with your new child.

Requesting leave

Request leave by following the district’s usual leave request procedure. In addition, you must submit a healthcare provider certification form to your leave specialist (not to your manager).

When otherwise normal pregnancy results in physiological changes that necessitate workplace accommodation, the District will provide reasonable accommodation as outlined on the Pregnancy Accommodation webpage. Reach out directly to HR for further information.

Pay

To continue your pay during temporary disability leave for pregnancy and childbirth, you may use you available:

• Sick time off

• Vacation time off

• Personal holiday

• Shared leave

You also may have the option to take unpaid time off.