Common use of FAMILY LEAVE AND DISABILITY RESULTING FROM PREGNANCY Clause in Contracts

FAMILY LEAVE AND DISABILITY RESULTING FROM PREGNANCY. This provision deals with family leave and shall include leaves for pregnancy, post- pregnancy, disability resulting from pregnancy, disability, parenting, and caregiving. The AAUP-AFT and the University shall jointly designate a member of the University community to act as the Liaison for Work and Family Issues (“Liaison”) to assist members of the bargaining unit in securing the benefits of this article. The name and contact information for the Liaison shall be made known to the University community no later than October 1 of each academic year. The Liaison shall report at the end of each semester to both the AAUP- AFT and the University administration regarding queries received and how such queries were resolved. The individual's department or unit shall be responsible for closing ranks. The close ranks practice must be applied in an equitable and consistent manner. Claims that it is not being applied equitably or consistently or that an individual is being inappropriately denied his or her benefit shall be brought to the attention of the Liaison designated above who shall investigate and respond. A. Short-term disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, treated like other short-term disabilities. After pregnancy, a member of the bargaining unit is entitled to a recuperative paid leave of up to six weeks, or a longer period if the bargaining unit member continues to be disabled. All employment policies and practices involving commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, and reinstatement and payment, shall be applied to short-term disabilities due to the above causes as they are applied to other short-term disabilities of members of the bargaining unit. In addition to the above, new parents shall be eligible to receive release time from their specifically assigned classroom teaching and committee service obligations for up to eight weeks. In cases of “disability resulting from pregnancy,” the additional eight weeks of release from specifically assigned classroom teaching and committee service obligations shall be added to the six weeks of recuperative paid leave, for a total of up to fourteen weeks. The period of release from specifically assigned classroom teaching and committee service obligations can be reduced by the xxxx of the unit if it would place an undue hardship on the department or unit. Such reduction will be reported by the xxxx to the Liaison, as identified under paragraph two of this Article XVI, and shall be included in the Liaison’s end of semester report. B. Requests by a member of the bargaining unit (faculty or TA/GA) for a leave of absence without pay to provide care made necessary by reason of the birth or adoption of the bargaining unit member's child or the serious health condition of a family member or same sex sole domestic partner, as determined in accordance with University policy, shall be granted in accordance with the provisions of the State of New Jersey Family Leave Act and in accordance with the provisions set forth below. Upon request by a member of the bargaining unit, a written explanation will be provided by the University for a denial of such a leave: 1. A request for such leave shall be made as far in advance as is reasonably practicable. 2. A bargaining unit member who requests a family leave shall endeavor, in the timing of such a leave, to accommodate the needs of the academic program and the provision of instruction to students. 3. In the event that such a leave is taken for a full semester, the faculty bargaining unit member may, at his/her option, have the entire year excluded from the probationary period. A written statement requesting exclusion of the entire year shall ordinarily be submitted by the faculty bargaining unit member to the xxxx or director at the time the leave is requested and shall be part of the official personnel file. This provision is not applicable to faculty bargaining unit members in their terminal year. 4. A first year's leave of absence without pay shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. 5. A second year's leave of absence without pay shall not automatically extend the term of appointment. When the second year's leave of absence is requested, a faculty member may request an extension of his/her appointment for a period of time equal to the amount of the leave. If the University grants the leave, it shall at the same time respond to the faculty member's request for an extension of the appointment. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. C. A faculty bargaining unit member who continues to fulfill the duties and responsibilities of his/her faculty appointment may request an exclusion of one year from the probationary period when serving as the principal or co-equal care-giver under the following circumstances: when he/she becomes a parent during the first five years of the probationary period, or became a parent within one year prior to appointment at the University, or in order to care for a family member or same sex sole domestic partner with a serious health condition. This provision also applies when the unit member himself/herself has a serious health condition.

FAMILY LEAVE AND DISABILITY RESULTING FROM PREGNANCY. This provision deals with family leave and shall include leaves for pregnancy, post- pregnancy, disability resulting from pregnancy, disability, parenting, and caregiving. The AAUP-AFT and the University shall jointly designate a member of the University community to act as the Liaison for Work and Family Issues (“Liaison”) to assist members of the bargaining unit in securing the benefits of this article. The name and contact information for the Liaison shall be made known to the University community no later than October 1 of each academic year. The Liaison shall report report, in list form, at the end of each semester academic year to both the AAUP- AAUP-AFT and the University administration regarding the date and the general nature of queries received received, the gender, the decanal unit and how such queries were resolvedthe category of the bargaining unit member making the inquiry, and the general advice given, if available. The individual's department or unit shall be responsible for closing ranks. The close ranks practice must be applied in an equitable and consistent manner. Claims that it is not being applied equitably or consistently or that an individual is being inappropriately denied his or her benefit shall be brought to the attention of the Liaison designated above who shall investigate and respond. A. Short-term disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, treated like other short-term disabilities. After pregnancy, a member of the bargaining unit is entitled to a recuperative paid leave of up to six weeks, or a longer period if the bargaining unit member continues to be disabled. All employment policies and practices involving commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, and reinstatement and payment, shall be applied to short-term disabilities due to the above causes as they are applied to other short-term disabilities of members of the bargaining unit. . B. In addition to the above, new parents shall be eligible to receive release time from their specifically assigned classroom teaching and committee service obligations for up to eight weeks. Librarians and Extension Faculty, who are new parents, shall also be entitled to receive up to eight weeks of release time from their specifically assigned duties and committee service obligations. In cases of “disability resulting from pregnancy,” the additional eight weeks of release from specifically assigned classroom teaching and committee service obligations, or specifically assigned duties and committee service obligations for Librarians and Extension Faculty, shall be added to the six weeks of recuperative paid leaveleave in section A. above, for a total of up to fourteen weeks, but are not required to be taken consecutively. Unused release time shall expire after twelve (12) months from the date the bargaining unit member becomes a new parent. The period of release from specifically assigned classroom teaching and committee service obligations, or specifically assigned duties and committee service obligations for Librarians and Extension Faculty, can be reduced by the xxxx head of the unit if it would place an undue hardship on the department or unit. Such reduction will be reported by the xxxx to the Liaison, as identified under paragraph two of this Article XVI, and shall be included in the Liaison’s end of semester report. B. C. Requests by a member of the bargaining unit (faculty or TA/GA) for a leave of absence without pay to provide care made necessary by reason of the birth or adoption of the bargaining unit member's child or the serious health condition of a family member or same sex sole domestic partner, as determined in accordance with University policy, shall be granted in accordance with the provisions of the State of New Jersey Family Leave Act and in accordance with the provisions set forth below. Upon request by a member of the bargaining unit, a written explanation will be provided by the University for a denial of such a leave: 1. A request for such leave shall be made as far in advance as is reasonably practicable. 2. A bargaining unit member who requests a family leave shall endeavor, in the timing of such a leave, to accommodate the needs of the academic program and the provision of instruction to students. 3. In the event that such a leave is taken for a full semester, the faculty bargaining unit member may, at his/her option, have the entire year excluded from the probationary period. A written statement requesting exclusion of the entire year shall ordinarily be submitted by the faculty bargaining unit member to the xxxx or director head of the unit at the time the leave is requested and shall be part of the official personnel file. This provision is not applicable to faculty bargaining unit members in their terminal year. 4. A first year's leave of absence without pay shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. 5. A second year's leave of absence without pay shall not automatically extend the term of appointment. When the second year's leave of absence is requested, a faculty member may request an extension of his/her appointment for a period of time equal to the amount of the leave. If the University grants the leave, it shall at the same time respond to the faculty member's request for an extension of the appointment. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. C. D. A faculty bargaining unit member who continues to fulfill the duties and responsibilities of his/her faculty appointment may request an exclusion of one year from the probationary period when serving as the principal or co-equal care-giver under the following circumstances: when he/she becomes a parent during the first five years of the probationary period, or became a parent within one year prior to appointment at the University, or in order to care for a family member or same sex sole domestic partner with a serious health condition. This provision also applies when the unit member himself/herself has a serious health condition.

FAMILY LEAVE AND DISABILITY RESULTING FROM PREGNANCY. This provision deals with family leave and shall include leaves for pregnancy, post- pregnancy, disability resulting from pregnancy, disability, parenting, and caregiving. The AAUP-AFT AAUP and the University shall jointly designate a member of the University community to act as the Liaison for Work and Family Issues (“Liaison”) to assist members of the bargaining unit in securing the benefits of this article. The name and contact information for the Liaison shall be made known to the University community no later than October 1 of each academic year. The Liaison shall report at the end of each semester to both the AAUP- AFT and the University administration regarding queries received and how such queries were resolved. The individual's department or unit shall be responsible for closing ranks. The close ranks practice must be applied in an equitable and consistent manner. Claims that it is not being applied equitably or consistently or that an individual is being inappropriately denied his or her benefit shall be brought to the attention of the Liaison that individual designated above who shall investigate and respond. A. Short-term disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, treated like other short-term disabilities. After pregnancy, a member of the bargaining unit is entitled to a recuperative paid leave of up to six weeks, or a longer period if the bargaining unit member continues to be disabled. All employment policies and practices involving commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, and reinstatement and payment, shall be applied to short-term disabilities due to the above causes as they are applied to other short-term disabilities of members of the bargaining unit. In addition to the above, new parents shall be eligible to receive release time from their specifically assigned classroom teaching and committee service obligations for up to eight weeks. In cases of “disability resulting from pregnancy,” the additional eight weeks of release from specifically assigned classroom teaching and committee service obligations shall be added to the six weeks of recuperative paid leave, for a total of up to fourteen weeks. The period of release from specifically assigned classroom teaching and committee service obligations can be reduced by the xxxx of the unit if it would place an undue hardship on the department or unit. Such reduction will be reported by the xxxx to the Liaison, as identified under paragraph two of this Article XVI, and shall be included in the Liaison’s end of semester report. B. Requests by a member of the bargaining unit (faculty or TA/GA) for a leave of absence without pay to provide care made necessary by reason of the birth or adoption of the bargaining unit member's child or the serious health condition of a family member or same sex sole domestic partner, as determined in accordance with University policy, shall be granted in accordance with the provisions of the State of New Jersey Family Leave Act and in accordance with the provisions set forth below. Upon request by a member of the bargaining unit, a written explanation will be provided by the University for a denial of such a leave: 1. A request for such leave shall be made as far in advance as is reasonably practicable. 2. A bargaining unit member who requests a family leave shall endeavor, in the timing of such a leave, to accommodate the needs of the academic program and the provision of instruction to students. 3. In the event that such a leave is taken for a full semester, the faculty bargaining unit member may, at his/her option, have the entire year excluded from the probationary period. A written statement requesting exclusion of the entire year shall ordinarily be submitted by the faculty bargaining unit member to the xxxx or director at the time the leave is requested and shall be part of the official personnel file. This provision is not applicable to faculty bargaining unit members in their terminal year. 4. A first year's leave of absence without pay shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. 5. A second year's leave of absence without pay shall not automatically extend the term of appointment. When the second year's leave of absence is requested, a faculty member may request an extension of his/her appointment for a period of time equal to the amount of the leave. If the University grants the leave, it shall at the same time respond to the faculty member's request for an extension of the appointment. No extension applicable to the final year of the faculty member's probationary period may be requested or granted. C. A faculty bargaining unit member who continues to fulfill the duties and responsibilities of his/her faculty appointment may request an exclusion of one year from the probationary period when serving as the principal or co-equal care-giver under the following circumstances: when he/she becomes a parent during the first five years of the probationary period, or became a parent within one year prior to appointment at the University, or in order to care for a family member or same sex sole domestic partner with a serious health condition. This provision also applies when the faculty bargaining unit member himself/herself serves as the principal or co-equal care-giver. A request for an exclusion of one year from the probationary period under this provision shall be made in writing and requires the approval of the department chair and the xxxx. Such approval shall not be unreasonably withheld. No faculty member of the bargaining unit is entitled to more than one such exclusion. Exclusion of a year from the probationary period under this provision shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. Grievances in respect to this article applicable to Article IX shall be heard as Category 2 grievances (except as set forth in D below). D. For the purposes of faculty reappointment and promotion consideration, University evaluators, evaluative bodies, and writers of confidential outside letters of evaluation shall be informed, only upon the candidate’s written request, that the record of a faculty member who has had time excluded from the probationary period is to be reviewed in the same manner as the record of a serious health conditionfaculty member with the normal probationary period. Faculty members shall be informed of this option via the 30-day letter (Appendix F-1 of the University Academic Reappointment/ Promotion Instructions). An alleged violation of this provision shall not be the basis of a grievance under Article IX or under Article X, except as set forth in Article X. A.1.a.