Common use of Maternity and Child Care Leave Clause in Contracts

Maternity and Child Care Leave. a. A bargaining unit member who is pregnant or who is adopting a child may use sick leave pursuant to A.1. above and/or may take an unpaid leave for the period of the member's disability pursuant to B.1. above. For this purpose, "period of disability" means the period during which the bargaining unit member is unable to perform the duties of the job as determined by her physician and the provisions of this paragraph. It is presumed that such period extends for a minimum of six (6) weeks beyond birth in the case of birth by normal delivery and eight (8) weeks beyond birth in the case of birth by cesarean section. The Board may require medical certification, using the prescribed form, if paid leave is requested beyond the applicable presumed period of disability. If the Board questions such medical certification, the Board may have the employee's condition evaluated, at Board expense, by a Board-designated physician. If a disagreement exists between the employee's physician and the Board-designated physician, the employee (with Association assistance) and Board shall mutually agree upon the selection of a third physician, whose opinion shall be final and the cost of which will be borne by the Board if the physician sides with the employee's physician and by the Association if the physician sides with the Board-designated physician. The Board will not question the medical certification provided by the employee under this paragraph arbitrarily or capriciously.