Common use of Maternity/Child-Rearing Leave of Absence Clause in Contracts

Maternity/Child-Rearing Leave of Absence. A teacher who has entered upon contractual continued service shall be eligible for maternity/child rearing leave without pay or other benefits subject to the following conditions: (As used herein, "teacher" means a tenured teacher, except in Paragraph J which is applicable only to non-tenured teachers, and in Paragraphs K and L which are applicable to all teachers). A. The teacher shall advise the Superintendent or designee of her pregnancy no later than the third month of pregnancy or upon ascertainment of such condition, whichever shall be the latter. At such time she shall provide a written statement from her obstetrician or physician indicating the expected date of delivery and an opinion that the teacher may safely continue in her employment and perform all her regular teaching duties during her pregnancy. From time to time the Superintendent or designee may request the teacher to furnish subsequent statements from the doctor indicating her continued ability to perform her teaching duties. At the District's request and expense, the teacher may be required to have a physical examination by a physician of its choice. B. Application for such leave shall be made in writing to the Superintendent or designee at least ninety (90) calendar days prior to the anticipated birth of the child. C. The teacher and the Superintendent or designee shall agree upon a tentative plan for the commencement and termination of such leave, taking into consideration maintenance of continuity of instruction and medical factors to the maximum possible degree, and the pertinent time factors related thereto. The leave shall not exceed the balance of the school year in which it commences and one additional school year. Such leave shall not commence after the date of the birth of the child. Every effort shall be made to have such leave terminate immediately prior to the start of a new school term. D. Sick leave shall be applicable during the period of disability preceding the maternity/child rearing leave at the option of the teacher. Any accumulated sick leave available at the commencement of the leave shall be available to the teacher upon return to employment in the District. E. With the consent of the carrier, the teacher may maintain insurance benefits by making timely payments of all premiums which may be due to the Business Office or pursuant to its direction. F. Any teacher who has been employed ninety (90) or more days, or two (2) full quarters of the school year prior to the commencement of such leave shall be entitled to such advancement on the salary schedule as she would have had if the leave had not been granted. G. In all instances where a teacher is granted a maternity/child rearing leave of eight (8) months or more, as a condition thereof she shall advise the Superintendent in writing at least one hundred twenty (120) calendar days prior to the termination of such leave that she intends to return to employment. Failure on the part of the teacher to provide written notice of intent to return, as prescribed above, shall be deemed a resignation on the part of the teacher. H. A teacher returning from maternity/child rearing leave shall submit evidence from a qualified physician that she is medically able to perform all of her teaching duties with her notice of intent to return. If such notice is not required by the preceding Paragraph, such evidence shall be submitted at least thirty (30) calendar days prior to the termination of the leave. I. Any teacher desiring adoption leave as a result of becoming an adoptive parent shall notify the Superintendent or designee in writing upon the initiation of such adoption proceedings. Leave shall be granted upon satisfactory written notification to the Superintendent or designee of the date the child is expected to be received. It shall be the responsibility of the applying teacher to keep the Superintendent or designee informed of the status of the proceedings, and as soon as known, the expected date of the delivery of the child. Paragraph H of this Section shall not be applicable to this paragraph. J. A maternity/child rearing leave may be granted to a non tenured teacher under unusual circumstances by action of the Board of Education, subject to all the conditions applicable to a tenured teacher, and provided the term of such leave shall not be considered in computing full-time employment under Section 24-11 of the School Code for purposes of the continuous employment necessary to attain contractual continued service status. Upon the return from such leave, the teacher shall be considered to have commenced her first probationary year. The granting of maternity leave to any non-tenured teacher shall not constitute a precedent for the granting or withholding of leave to any other teacher. Each request shall be judged on its own merits and shall be within the sole discretion of the Board. Additional conditions or restrictions may be established for any such leave, provided nothing herein shall be construed as requiring any non-tenured teacher to apply for such leave or accept the conditions established therefore. K. Anything in this policy to the contrary notwithstanding, a teacher who has been granted a maternity/child rearing leave of absence shall not become eligible for a subsequent maternity/child rearing leave unless and until such teacher has returned to full-time service for at least one (1) complete school term, provided under exceptional circumstances the Board of Education may grant such a leave in its sole and absolute discretion. The granting or withholding of such leave shall be without precedential effect. L. Nothing in this policy shall be construed as requiring any teacher to apply for a maternity/child rearing leave. A teacher not eligible for or not desiring maternity leave may utilize accumulated sick leave during any period of disability related to her pregnancy and/or to the delivery of the child. If such teacher shall have exhausted accumulated sick leave, she shall be granted a leave of absence without pay or other benefits during such period of disability. Such teacher shall return to employment immediately following the termination of such disability. M. A male teacher who has entered upon contractual continued service shall be entitled to a child rearing leave of absence. Such leave shall be unpaid and shall be subject to all of the applicable notice and other requirements of this policy. Eligibility for such leave shall arise upon the anticipated birth of a child which the teacher has fathered or upon his planned adoption of a child. N. The Board recognizes that unforeseen complications may necessitate a change in the tentative plan for commencement and/or termination of such leave. Each such instance shall be judged on its own merits, without establishing precedent, and the final decision for any change in the tentative plan shall be within the sole discretion of the Board. O. If a teacher shall seek a leave of absence pursuant to the Federal Family Medical Leave Act (FMLA) of 1993 in connection with the adoption of a child, such teacher, at his/her option, may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than thirty (30) paid days of sick leave being used during a forty-two (42) consecutive calendar day period if the child is less than 5 years of age on the date in which the child comes into the full time care of the parents, provided the Sick Leave Bank shall not be applicable to this subsection. If the child is 5 years or older, the teacher may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than twenty (20) paid days of sick leave being used during a twenty-eight (28) consecutive calendar day period, provided the Sick Leave Bank shall not be applicable to this subsection. P. If any of the foregoing provisions of this Section are in conflict with any requirement of the Family and Medical Leave Act of 1993 or any regulations thereunder, such Act and regulations shall prevail.

Maternity/Child-Rearing Leave of Absence. A tenured teacher who has entered upon contractual continued service shall be eligible for maternity/child child-rearing leave without pay or other benefits subject to the following conditions: (As used herein, "teacher" means conditions and to the general conditions for unpaid leaves set forth in Section H of this Article: 1. A teacher who desires a tenured teacher, except maternity/child-rearing leave shall request approval for such leave in Paragraph J which is applicable only accordance with Section H.1 of this Article. The effective dates of the leave shall be determined pursuant to non-tenured teachers, and in Paragraphs K and L which are applicable to all teachers)Section H.3. A. The teacher 2. Sick leave during maternity/child-rearing or adoption leave may be used for the birth or adoption of a child up to a maximum of ten (10) weeks (i.e., fifty (50) days). Sick leave use beyond this limit shall advise the Superintendent or designee of her pregnancy no later than the third month of pregnancy or also be permitted upon ascertainment of such condition, whichever shall be the latter. At such time she shall provide a written statement from her obstetrician or physician indicating the expected date of delivery and an opinion physician’s certification that the teacher may safely continue in her employment and perform all her regular teaching duties during her pregnancy. From time to time the Superintendent or designee may request the teacher to furnish subsequent statements from the doctor indicating her continued ability is physically/medically unable to perform her teaching duties. At the District's request and expense, the teacher may be required to have duties as a physical examination by a physician of its choice. B. Application for such leave shall be made in writing to the Superintendent or designee at least ninety (90) calendar days prior to the anticipated birth of the child. C. The teacher and the Superintendent or designee shall agree upon a tentative plan for the commencement and termination of such leave, taking into consideration maintenance of continuity of instruction and medical factors to the maximum possible degree, and the pertinent time factors related thereto. The leave shall not exceed the balance of the school year in which it commences and one additional school year. Such leave shall not commence after the date of the birth of the child. Every effort shall be made to have such leave terminate immediately prior to the start of a new school term. D. Sick leave shall be applicable during the period of disability preceding the maternity/child rearing leave at the option of the teacher. Any accumulated sick leave available at the commencement of not utilized during the leave shall be available to the teacher upon return to employment in the District. [Note: See Section G of this Article for application of sick leave during FMLA.] E. With the consent of the carrier, the teacher may maintain insurance benefits by making timely payments of all premiums which may be due to the Business Office or pursuant to its direction. F. 3. Any teacher who has been employed ninety (90) or more days, or two (2) full quarters of the school year prior to the commencement of such leave shall be entitled to such advancement on the salary schedule as she would have had if the leave had not been granted. G. In all instances where a teacher is granted a maternity/child rearing leave of eight (8) months or more, as a condition thereof she shall advise the Superintendent in writing at least one hundred twenty (120) calendar days prior to the termination of such leave that she intends to return to employment. Failure on the part of the teacher to provide written notice of intent to return, as prescribed above, shall be deemed a resignation on the part of the teacher. H. A teacher returning from maternity/child rearing leave shall submit evidence from a qualified physician that she is medically able to perform all of her teaching duties with her notice of intent to return. If such notice is not required by the preceding Paragraph, such evidence shall be submitted at least thirty (30) calendar days prior to the termination of the leave. I. Any tenured teacher desiring adoption leave as a result of becoming an adoptive parent shall notify the Superintendent or designee designee, in writing writing, upon the initiation of such adoption proceedings. Leave shall be granted upon satisfactory written notification to the Superintendent or designee of the date dates needed for the child is expected to be receivedadoption. It shall be the responsibility of the applying teacher to keep the Superintendent or designee informed of the status of the proceedingsproceedings and, and as soon as known, the expected date of the delivery of the child. Paragraph H of this This Section shall not be applicable to this paragraphif the adopted child is attending school at the time the child is received (except kindergarten). J. 4. A maternity/child child-rearing leave may be granted to a non non-tenured teacher under unusual circumstances by action of the Board of EducationBoard, subject to all the conditions applicable to a tenured teacher, and provided the term of such leave shall not be considered in computing full-time employment under Section 24-11 of the School Code for purposes of the continuous employment necessary to attain contractual continued service status. status (i.e., a non-tenured teacher must actually work at least 120 days in a school year to have that year count towards the acquisition of tenure).. Upon the return from such leave, the teacher shall not be considered to have commenced her first as having any break in her/his probationary yearservice. The granting of maternity leave to any non-tenured teacher shall not constitute a precedent for the granting or withholding of leave to any other non-tenured teacher. Each request shall be judged on its own merits and shall be within the sole discretion of the Board. Additional conditions or restrictions may be established for any such leave, provided nothing herein shall be construed as requiring any non-tenured teacher to apply for such leave or accept the conditions established thereforetherefor. K. Anything in this policy to the contrary notwithstanding, a teacher who has been granted a maternity/child rearing leave of absence shall not become eligible for a subsequent maternity/child rearing leave unless and until such teacher has returned to full-time service for at least one (1) complete school term, provided under exceptional circumstances the Board of Education may grant such a leave in its sole and absolute discretion. The granting or withholding of such leave shall be without precedential effect. L. Nothing in this policy shall be construed as requiring any teacher to apply for a maternity/child rearing leave5. A teacher not eligible for or not desiring maternity leave may utilize accumulated sick leave during any period of disability related to her pregnancy and/or to the delivery of the child. If such teacher shall have exhausted accumulated sick leave, she shall be granted a leave of absence without pay or other benefits during such period of disability. Such teacher shall return to employment immediately following the termination of such disability. M. A tenured male teacher who has entered upon contractual continued service shall be entitled to a child child-rearing leave of absence. Such leave shall be unpaid and shall be subject to all of the applicable notice and other requirements of this policy. Eligibility for such leave shall arise upon the anticipated birth of a child which the teacher has fathered or upon his planned adoption of a childchild and shall be subject to all of the applicable notice and other requirements as set forth in Sections F.1, F.3 and H of this Article. N. The Board recognizes that unforeseen complications 6. Insurance benefits may necessitate be maintained in accordance with Section H.4 of this Article. 7. Nothing in this Section shall be construed as requiring any teacher to apply for a change in the tentative plan for commencement and/or termination of such maternity/child-rearing leave. Each such instance shall be judged on its own merits, without establishing precedent, and the final decision A teacher not eligible for any change in the tentative plan shall be within the sole discretion of the Board. O. If a teacher shall seek a or not desiring maternity leave of absence pursuant to the Federal Family Medical Leave Act (FMLA1) of 1993 in connection with the adoption of a child, such teacher, at his/her option, may utilize accumulated sick leave for the purpose birth or adoption of caring for such a child during the period of the FMLA leave, with no more than thirty (30) paid days of sick leave being used during a forty-two (42) consecutive calendar day period if the child is less than 5 years of age on the date as set forth above in which the child comes into the full time care of the parents, provided the Sick Leave Bank shall not be applicable to this subsection. If the child is 5 years or older, the teacher may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than twenty (20) paid days of sick leave being used during a twenty-eight (28) consecutive calendar day period, provided the Sick Leave Bank shall not be applicable to this subsection. P. If any of the foregoing provisions paragraph 2 of this Section are in conflict with any requirement of Section, and/or (2) may exercise his/her rights under the federal Family and Medical Leave Act of 1993 or any regulations thereunder, such Act and regulations shall prevailAct. See chart in Section G below.

Maternity/Child-Rearing Leave of Absence. 1. A tenured teacher who has entered upon contractual continued service shall be eligible for maternity/child child-rearing leave without pay or other benefits subject to under the following conditions: : (As used herein, "teacher" means a tenured teacher, except in Paragraph J which is applicable only to non-tenured teachers, and in Paragraphs K and L which are applicable to all teachers). A. a) The teacher shall advise the Superintendent or his designee of her pregnancy no later than the third fourth month of pregnancy or upon ascertainment of such condition, whichever shall be the latter. At such time she later. (b) The teacher shall provide a written statement from her obstetrician or physician indicating the expected date of delivery and an opinion that the teacher may safely continue in her employment and perform all her regular teaching duties during her pregnancy. From time to time the Superintendent or designee may request the teacher to furnish subsequent statements from the doctor indicating her continued ability to perform her teaching duties. At the District's request and expense, the teacher may be required to have a physical examination by a physician of its choice. B. Application for such leave shall be made in writing to the Superintendent or designee at least ninety (90) 90 calendar days prior to the anticipated birth of the child. C. The teacher and (c) After consultation with the teacher, the Superintendent or his designee shall agree upon prepare a tentative plan for the commencement and termination of such leave, taking into consideration maintenance including the total number of continuity of instruction maternity leave/unpaid days and medical factors sick leave days expected to the maximum possible degree, and the pertinent time factors related theretouse. The Unpaid leave shall not exceed be for a semester, the balance of the school year term in which it commences and the leave commences, or the balance of the school term plus the fall semester or plus one additional school year. Such leave shall not commence after the date of the birth of the child. Every effort shall be made to have such leave terminate immediately prior to the start of a new school term. D. Sick 2. A teacher may use a maximum of 30 sick days in combination with unpaid maternity leave shall be applicable during or the period birth or adoption of disability preceding a child with the maternity/child rearing leave at the option discretion of the teacher. Any accumulated sick leave available at the commencement of the leave shall be available to the teacher upon return to employment in the DistrictSuperintendent. E. With the consent of the carrier, the teacher may maintain insurance benefits by making timely payments of all premiums which may be due to the Business Office or pursuant to its direction. F. Any teacher who has been employed ninety (90) or more days, or two (2) full quarters of the school year prior to the commencement of such leave shall be entitled to such advancement on the salary schedule as she would have had if the leave had not been granted. G. In all instances where a teacher is granted a maternity/child rearing leave of eight (8) months or more, as a condition thereof she shall advise the Superintendent in writing at least one hundred twenty (120) calendar days prior to the termination of such leave that she intends to return to employment. Failure on the part of the teacher to provide written notice of intent to return, as prescribed above, shall be deemed a resignation on the part of the teacher. H. A teacher returning from maternity/child rearing leave shall submit evidence from a qualified physician that she is medically able to perform all of her teaching duties with her notice of intent to return. If such notice is not required by the preceding Paragraph, such evidence shall be submitted at least thirty (30) calendar days prior to the termination of the leave. I. Any teacher desiring adoption leave as a result of becoming an adoptive parent shall notify the Superintendent or designee in writing upon the initiation of such adoption proceedings. Leave shall be granted upon satisfactory written notification to the Superintendent or designee of the date the child is expected to be received. It shall be the responsibility of the applying teacher to keep the Superintendent or designee informed of the status of the proceedings, and as soon as known, the expected date of the delivery of the child. Paragraph H of this Section shall not be applicable to this paragraph. J. A maternity/child rearing leave may be granted to a non tenured teacher under unusual circumstances by action of the Board of Education, subject to all the conditions applicable to a tenured teacher, and provided the term of such leave shall not be considered in computing full-time employment under Section 24-11 of the School Code for purposes of the continuous employment necessary to attain contractual continued service status3. Upon the return from such an unpaid maternity leave, the teacher shall be considered reinstated to have commenced his/her first probationary year. The granting of maternity leave to any non-tenured teacher shall not constitute a precedent former position or an open position for the granting or withholding of leave to any other teacher. Each request shall be judged on its own merits which he/she is certified and shall be within the sole discretion of the Board. Additional conditions or restrictions may be established for any such leave, provided nothing herein shall be construed as requiring any non-tenured teacher to apply for such leave or accept the conditions established thereforequalified. K. Anything in this policy to 4. Under special circumstances, the contrary notwithstanding, Superintendent and Board may grant a teacher who has been granted a maternity/child rearing an extended leave of absence shall not become eligible for due to illness of a subsequent maternity/child rearing leave unless and until such teacher has returned to full-time service for at least one (1) complete school term, provided under exceptional circumstances the Board of Education may grant such a leave in its sole and absolute discretion. The granting or withholding of such leave shall be without precedential effectpay. L. 5. Nothing in this policy shall be construed as requiring any teacher to apply for a maternity/child rearing leave. A teacher not eligible for or not desiring maternity leave may utilize accumulated sick leave during any period of disability related to her pregnancy and/or to the delivery of the child. If such teacher shall have exhausted accumulated sick leave, she shall be granted a leave of absence without pay or other benefits during such period of disability. Such teacher shall return to employment immediately following the termination of such disability. M. 6. A contractual male teacher who has entered fathered, or upon contractual continued service shall be entitled to his planned adoption of a child, is eligible for request of child rearing leave of absence. Such leave shall be unpaid and shall be subject to all written notice and approval of the applicable notice and Superintendent. 7. In the event of a miscarriage or other requirements loss of this policy. Eligibility for such child, the teacher on an approved leave shall arise upon be permitted to terminate the anticipated birth of a child which the teacher has fathered or upon his planned adoption of a child. N. The Board recognizes that unforeseen complications may necessitate a change in the tentative plan for commencement and/or termination of such leave. Each such instance shall be judged on its own merits, without establishing precedent, leave and the final decision for any change in the tentative plan shall be within the sole discretion of the Board. O. If a teacher shall seek a leave of absence pursuant return to the Federal Family Medical Leave Act (FMLA) of 1993 in connection with the adoption of a child, such teacher, at his/her option, may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than thirty (30) paid days of sick leave being used during a forty-two (42) consecutive calendar day period if the child is less than 5 years of age on the date in which the child comes into the full time care of the parentswork, provided the Sick Leave Bank shall Board has not be applicable to this subsection. If the child is 5 years or older, the teacher may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than twenty (20) paid days of sick leave being used during already employed a twenty-eight (28) consecutive calendar day period, provided the Sick Leave Bank shall not be applicable to this subsectionreplacement teacher. P. If 8. Any teacher on unpaid leave may maintain contractual insurance benefits by making timely payments of all premiums, which are due to the District’s business office or elsewhere pursuant to its discretion. 9. The Superintendent or his designee may waive any of the foregoing provisions of this Section section in his sole discretion, and any such waiver shall not take precedence in any respect. 10. Non-tenured teachers are not eligible for maternity leave and must submit a physician’s documentation that they are unable to report to work in conflict with order to exercise any requirement use of the Family and Medical Leave Act of 1993 or any regulations thereunder, such Act and regulations shall prevailpaid sick leave.

Maternity/Child-Rearing Leave of Absence. A teacher who has entered upon contractual continued service shall be eligible for maternity/child rearing leave without pay or other benefits subject to the following conditions: (As used herein, "teacher" means a tenured teacher, except in Paragraph J which is applicable only to non-tenured teachers, and in Paragraphs K and L which are applicable to all teachers). A. The teacher shall advise the Superintendent or designee of her pregnancy no later than the third month of pregnancy or upon ascertainment of such condition, whichever shall be the latter. At such time she shall provide a written statement from her obstetrician or physician indicating the expected date of delivery and an opinion that the teacher may safely continue in her employment and perform all her regular teaching duties during her pregnancy. From time to time the Superintendent or designee may request the teacher to furnish subsequent statements from the doctor indicating her continued ability to perform her teaching duties. At the District's request and expense, the teacher may be required to have a physical examination by a physician of its choice. B. Application for such leave shall be made in writing to the Superintendent or designee at least ninety (90) calendar days prior to the anticipated birth of the child. C. The teacher and the Superintendent or designee shall agree upon a tentative plan for the commencement and termination of such leave, taking into consideration maintenance of continuity of instruction and medical factors to the maximum possible degree, and the pertinent time factors related thereto. The leave shall not exceed the balance of the school year in which it commences and one additional school year (For example, if a teacher begins the leave anytime during the 2024-2025 school year, the leave may not go longer than the end of the 2025-2026 school year). Such leave shall not commence after the date of the birth of the child. Every effort shall be made to have such leave terminate immediately prior to the start of a new school term. D. Sick leave shall be applicable during the period of disability preceding the maternity/child rearing leave in accordance with Section O below at the option of the teacher. Any accumulated sick leave available at the commencement of the leave shall be available to the teacher upon return to employment in the District. E. With the consent of the carrier, the teacher may maintain insurance benefits by making timely payments of all premiums which may be due to the Business Office or pursuant to its direction. F. Any teacher who has not been employed ninety absent for ninety-one (9091) or more days, or two (2) full quarters of the days in a school year prior to the commencement of such leave shall be entitled to such advancement on the an annual salary schedule increase as he/she would have had if the leave had leave, or absences not been granted. FMLA leaves are not counted as being absent for purposes of this paragraph. G. In all instances where a teacher is granted a maternity/child rearing leave of eight (8) months or more, as a condition thereof she shall advise the Superintendent in writing at least one hundred twenty (120) calendar days prior to the termination of such leave that she intends to return to employment. Failure on the part of the teacher to provide written notice of intent to return, as prescribed above, shall be deemed a resignation on the part of the teacher. H. A teacher returning from maternity/child rearing leave shall submit evidence from a qualified physician that she is medically able to perform all of her teaching duties with her notice of intent to return. If such notice is not required by the preceding Paragraph, such evidence shall be submitted at least thirty (30) calendar days prior to the termination of the leave. I. Any teacher desiring adoption leave as a result of becoming an adoptive parent shall notify the Superintendent or designee in writing upon the initiation of such adoption proceedings. Leave shall be granted upon satisfactory written notification to the Superintendent or designee of the date the child is expected to be received. It shall be the responsibility of the applying teacher to keep the Superintendent or designee informed of the status of the proceedings, and as soon as known, the expected date of the delivery of the child. Paragraph H of this Section shall not be applicable to this paragraph. J. A maternity/child rearing leave may be granted to a non non-tenured teacher under unusual circumstances by action of the Board of Education, subject to all the conditions applicable to a tenured teacher, and provided the term of such leave shall not be considered in computing full-time employment under Section 24-11 of the School Code for purposes of the continuous employment necessary to attain contractual continued service status. Upon the return from such leave, the teacher shall be considered to have commenced her first probationary year. The granting of maternity leave to any non-tenured teacher shall not constitute a precedent for the granting or withholding of leave to any other teacher. Each request shall be judged on its own merits and shall be within the sole discretion of the Board. Additional conditions or restrictions may be established for any such leave, provided nothing herein shall be construed as requiring any non-tenured teacher to apply for such leave or accept the conditions established established, therefore. K. Anything in this policy to the contrary notwithstanding, a teacher who has been granted a maternity/child rearing leave of absence shall not become eligible for a subsequent maternity/child rearing leave unless and until such teacher has returned to full-time service for at least one (1) complete school term, provided under exceptional circumstances the Board of Education may grant such a leave in its sole and absolute discretion. The granting or withholding of such leave shall be without precedential effect. L. Nothing in this policy shall be construed as requiring any teacher to apply for a maternity/child rearing leave. A teacher not eligible for or not desiring maternity leave may utilize accumulated sick leave during any period of disability related pursuant to her pregnancy and/or to the delivery of the childSection O below. If such teacher shall have exhausted accumulated sick leave, she shall be granted a leave of absence without pay or other benefits during such period of disability. Such teacher shall return to employment immediately following the termination of such disability. M. A male teacher who has entered upon contractual continued service shall be entitled to a child rearing leave of absence. Such leave shall be unpaid and shall be subject to all of the applicable notice and other requirements of this policy. Eligibility for such leave shall arise upon the anticipated birth of a child which the teacher has fathered or upon his planned adoption of a child. N. The Board recognizes that unforeseen complications may necessitate a change in the tentative plan for commencement and/or termination of such leave. Each such instance shall be judged on its own merits, without establishing precedent, and the final decision for any change in the tentative plan shall be within the sole discretion of the Board. O. If a teacher shall seek a leave of absence pursuant Pursuant to the Federal Family Medical Leave Act Illinois School Code, sick leave shall also be interpreted to mean birth, adoption, placement for adoption, and the acceptance of a child in need of xxxxxx care. An employee may use up to forty (FMLA40) accumulated sick leave days because of 1993 in connection with the adoption birth of a child without submitting medical certification. These forty (40) days must be used consecutively when used for birth except that the right to use such days will not be diminished by intervening breaks (winter/spring/summer recess) or holidays. If an employee is on FMLA leave because of the birth of a child, such teacher, at the employee must first use his/her option, may utilize accumulated forty (40) sick leave days for the purpose of caring for such child during the period of the FMLA leave, with no more than thirty (30) paid days of sick leave being used during a first forty-two (42) consecutive calendar day period if the child is less than 5 years of age on the date in which the child comes into the full time care of the parents, provided the Sick Leave Bank shall not be applicable to this subsection. If the child is 5 years or older, the teacher may utilize accumulated sick leave for the purpose of caring for such child during the period of the FMLA leave, with no more than twenty (20) paid days of sick leave being used during a twenty-eight (28) consecutive calendar day period, provided the Sick Leave Bank shall not be applicable to this subsection. P. If any of the foregoing provisions of this Section are in conflict with any requirement of the Family and Medical Leave Act of 1993 or any regulations thereunder, such Act and regulations shall prevail.