Disability/Maternity Leave Sample Clauses
The Disability/Maternity Leave clause outlines the rights and procedures for employees who are unable to work due to disability or maternity. It typically specifies the duration of leave available, any requirements for medical certification, and whether the leave is paid or unpaid. For example, it may allow an employee to take a certain number of weeks off following childbirth or in the event of a serious health condition. The core function of this clause is to ensure employees are protected and supported during periods when they are unable to work due to disability or maternity, while also providing clear guidelines for both the employer and employee regarding leave entitlements and procedures.
Disability/Maternity Leave a. An employee who is unable to work due to a disability, including a maternity disability, may request a leave of absence for the period of time related to the disability. The Board shall not arbitrarily or unreasonably deny such requested leave. Unless the employee on leave has sick leave available and is otherwise able to use sick leave, such leave of absence shall be without pay.
b. Any employee who becomes pregnant shall notify the Superintendent of her condition and, if she elects to remain in her position, may be required to submit periodic certification of her continuing fitness to perform her duties.
c. The Board of Education recognizes that pregnancy related disabilities must be treated like other disabilities. Thus, during the four weeks preceding and the four weeks following childbirth, when the employee is presumed to be disabled, she will be entitled to sick leave benefits. Should disability occur earlier in the pregnancy or continue for more than one month following birth, the employee may use additional sick leave benefits if she presents a physician’s statement attesting to her continued disability.
d. The Board reserves the right to request that an employee applying for leave submit a statement of health from her physician, and further reserves the right to require a maternity disability leave to start sooner than requested should the employee’s condition (mental or physical) warrant this action. Any such action shall be subject to the procedure described in paragraphs C.1.e; C.1.e(1) and C.1.e(2) of this Article.
e. The Board shall not remove any employee from her duties during pregnancy, except on any one of the following bases:
Disability/Maternity Leave. 1. An employee who is unable to work due to a disability, including a maternity disability, may request a leave of absence for the period of time related to the disability. The Board shall not arbitrarily or unreasonably deny such requested leave. Unless the employee on leave has sick leave available and is otherwise able to use sick leave, such leave of absence shall be without pay.
2. Any employee who becomes pregnant shall notify the Superintendent of her condition and, if she elects to remain in her position, may be required to submit periodic certification of her continuing fitness to perform her duties.
3. The Board recognizes that pregnancy-related disabilities must be treated like other disabilities. Thus, during the thirty (30) days preceding and the thirty (30) days following childbirth, when the employee is presumed to be disabled, she will be entitled to sick leave benefits.
4. The Board reserves its right to request that an employee applying for leave submit a statement of health from her physician, and further reserves the right to require a maternity disability leave to start sooner than requested should the employee's condition (mental or physical) warrant this action. Any such action shall be subject to the procedure described in F:1 and F:2 of this Article.
5. The Board shall not remove any employee from her duties during pregnancy, except on any one of the following basis:
a. Performance: her performance has substantially declined from the time immediately prior to her pregnancy.
b. Physical Incapacity: her physical condition or capacity is such that her health would be impaired if she were to continue working, and which physical incapacity shall be deemed to exist only if:
(1) The employee fails to produce a certification from her physician that she is medically able to continue working; or
(2) The Board's physician and the employee's physician agree that she cannot continue working; or
(3) Following any difference of medical opinion between the Board's physician and the employees physician, the Board may request expert consultation in which case a third impartial physician, agreed upon by the employee and the Board, shall be appointed to examine the employee and render a medical opinion which shall be conclusive and binding on the issue of medical capacity to continue working. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the employee and the Board.
c. Just Cause: any oth...
Disability/Maternity Leave. In the event of a disability or request for maternity leave, an unpaid leave of absence may be granted by the Board to employees when accrued sick leave has been used. The Board will, when granting such leave, identify the length of the leave and the conditions for the return to work.
Disability/Maternity Leave. 1. An employee who is unable to work due to a disability, including a maternity disability, may request a leave of absence for the period of time related to disability. The Board shall not arbitrarily or unreasonably deny such requested leave. Unless the employee on leave has sick leave available and is otherwise able to use sick leave, such leave of absence shall be without pay.
2. Any employee who becomes pregnant shall notify the Superintendent of her condition and, if she elects to remain in her position, may be required to submit periodic certification of her continuing fitness to perform her duties.
3. During the thirty (30) days preceding and the thirty (30) days following childbirth, when the employee is presumed to be disabled, she will be entitled to sick leave benefits. Should disability occur earlier in the pregnancy or continue for more than one month following birth, the employee may use additional sick leave benefits if she presents a physician's statement attesting to her continued disability.
4. The Board reserves its right to request that an employee applying for leave submit a statement of health from her physician, and further reserves the right to require a maternity disability leave to start sooner than requested should the employee's condition (mental or physical) warrant this action.
5. The Board shall not remove any employee from her duties during pregnancy, except on any one of the following bases:
Disability/Maternity Leave i. An employee requesting a leave of absence for disability for maternity reasons shall request such leave in writing, at least thirty (30) days prior to the date for the commencement of such leave. The request shall state the date for the commencement of the leave and the date of anticipated return. Employees shall be credited for a salary increment for salary purposes consistent with Article VII(A)(2).
ii. Disability for maternity reasons for which sick days are used will commence on the date requested by the teacher, provided that a physician’s certification of disability is submitted before commencement of the leave.
iii. Disability for maternity reasons for which sick days are used will terminate on the date requested by the employee, provided that a physician’s certification is submitted stating that the employee is physically able to work, prior to the date of termination of such leave.
iv. In the event that sick days are not available to an employee, the employee may request a leave of absence without pay for disability for maternity reasons, provided that a physician’s certification is submitted verifying the disability.
Disability/Maternity Leave. Section 1: Disability and maternity leave will be granted in accordance with the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), Montana Human Rights Act (MHRA), and all other applicable local, state, and federal law.
Disability/Maternity Leave. 1. An employee who becomes disabled due to injury, illness, or pregnancy shall notify the Superintendent as soon as possible after the condition becomes known of the reason for the disability, and report the period of time it is estimated that the employee will be unable to perform his or her duties because of the disability.
2. The employee shall be granted disability leave while disabled. During that time he/she shall be paid sick leave allowance pursuant to Article XXIII entitled “Sick Leave” and Article XXIV entitled “Leaves of Absence,” subparagraph A.
3. The Board may request an employee, who is on disability leave, to provide the Board with medical certification from the employee’s treating physician. Also, if the Board elects, may ask the employee to be examined by a physician of its choosing.
4. Disability leave for maternity is a period of time for the purpose of giving birth to a child when the employee is physically unable to perform her duties as certified by her physician. Concurrence of the school physician may be required by the Board.
5. Disability leave shall commence and terminate on the date requested by the employee governed by the terms of Section I-2 below. Whenever possible, the district shall be notified at least six (6) weeks prior to the commencement of the leave, and shall be informed of the date of return to active status.