5322 - Maternity Leave Policy

Policy 5322

PERSONNEL 

Maternity Leave
An employee may take a leave of absence 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 60 days, unless an actual period of disability which begins prior to the date of birth or continues beyond 60 days is otherwise verified in writing by the employee's physician.

The employee may use any accumulated, paid leave during the period of maternity disability. If the employee's accumulated paid leave is exhausted before or during the period of maternity disability, the district shall grant a leave of absence without pay or fringe benefits, upon the employee’s request, for the 60 day period or the remainder of the period of actual disability.

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

Notice Required. A pregnant employee should notify her immediate supervisor and the Human Resources Office by the beginning of the fifth month of pregnancy. The notice shall be in writing and may include a request for any of the following:

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

B. Family leave under the terms of the Family and Medical Leave Act for qualified employees for a period of up to 12 weeks, in addition to any period of maternity disability leave. The district will extend it’s portion of the employee's health benefit during this period of unpaid leave;

C. 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  or designee 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

D. Resignation of employment.

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

Employment Conditions. A pregnant employee may continue working as long as she is able to perform her normal duties, with the approval of her physician or licensed practitioner.

The employee may return to work when physically able to perform her duties. Certification will be required from the treating physician/provider that the employee may return to work.

 No later than 30 days after the date of birth, the employee shall notify the Director Human Resources of the specific date when she shall return to work.  Unless an earlier date of return is approved, the employee shall give at least 14 days advance notice of the actual date of return.

If the employee continues to experience a disability due to a condition attributable to pregnancy  or childbirth 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 or designee according to the terms of this policy.

Assignment Upon Return. An employee who has taken a leave of absence only for the actual period of disability relating to pregnancy or childbirth and/or up to twelve weeks of leave under the Family and Medical Leave Act 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 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 the collective bargaining agreement.

 

 

Cross Reference:         Board Policy 5320                  Personnel Leaves

Legal References:       RCW   28A.400.300               Hiring and discharging employees — Leave
                                                                                          for employees
                                                49.78                           Family Leave
                                    WAC   162-30-020                  Maternity
                                                296-134                       Family Leave
                                    P.L. 103-3                               Family and Medical Leave Act of 1993

                                   

Adoption Date:           January 10, 2006