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. b. Upon written request of a bargaining unit member, the Board may grant an unpaid leave of absence for a period of not more than one (1) school year for child care. A request for child care leave shall be submitted to the Superintendent/Designee at least thirty (30) days before the desired effective date. This requirement may be waived by the Superintendent/Designee in an emergency. At the time of submitting the request and with the Superintendent/Designee's approval the member may establish a termination date at a natural break in the school year, e.g. the end of a vacation or grading period or following a weekend if the unit member has given that predetermined return date to the Administration. A member shall inform the Superintendent/Designee in writing, of the member's intention to return to duty at least ninety