Common use of Maternity/Paternity Leave Clause in Contracts

Maternity/Paternity Leave. Leave without pay shall be granted members requesting maternity/paternity leave, which shall include adoption, in accordance with the provisions and procedures herein. 1. If a member gives birth or adopts a child during the school year, the member may use unpaid maternity/paternity leave for the balance of the semester during which the birth or adoption occurs plus up to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. However, if a member has accrued sick leave, the member may use paid sick leave up to eight (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess, the member shall not be permitted to use this portion of the paid sick leave during the following school year. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless the member’s medical condition qualifies for the use of paid sick leave. 3. Members shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with the leave provided under this section of Article XII. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort will be made to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Leave A. A member of the bargaining unit who is expecting or adopting a child may request and shall be entitled to a leave of absence without pay shall be granted members requesting for maternity/paternity leaveor child care reasons to begin at any time during pregnancy, or in the case of adoption the receipt of custody, or up to one (1) year for child care after the child is born or adopted. Such leave shall be for the remainder of the current semester and one (1) additional semester. The maximum amount of leave granted for maternity or child care leave will be two (2) school calendar semesters including the semester in which shall include adoption, in accordance with the provisions and procedures hereinleave becomes effective. 1. If a member gives birth or adopts a child during the school year, the member may use unpaid B. Application for Leave - Application for maternity/paternity leave for shall be filed on the balance Leave of Absence Form and shall contain a statement on the semester during which the expected date of birth or adoption occurs plus up to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning date of the semester following the use of maternity/paternity leave. Howevercustody, if a member has accrued sick leave, the member may use paid sick leave up to eight (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess, the member shall not be permitted to use this portion of the paid sick leave during the following school year. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless the member’s medical condition qualifies for the use of paid sick leave. 3. Members shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with the leave provided under this section of Article XII. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled of absence is to begincommence and the term of the leave. The Board may require that the termination of such leave coincide with the end of a school year, the end of a semester, or as soon as some other point in time at which the teacher's return coincides with the needs of the Board to avoid disruption of the studies of pupils' work schedules and of other employees. This provision shall not be construed to require return while illness or disability precludes their return. In the case of a miscarriage or abortion, the bargaining unit member shall be entitled to reinstatement at the beginning of the next grading period provided the member becomes aware requests reinstatement, in writing, filed with the Superintendent at least ten (10) days prior to the beginning of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day next grading period. Failure The bargaining unit member shall be entitled to meet these time lines will result the same teaching assignment held immediately prior to the leave unless shifts in a forfeiture pupil enrollment dictates or the job is combined or eliminated. C. Rights While on Leave - The bargaining unit member on maternity/paternity leave or child care leave shall be entitled to request and receive the right to continue to be covered by part and/or all insurance benefits providing the insurance company or hospital service association involved permits such continuance of coverage of the person on leave rights provided herein. 6. When assigning a of absence and the bargaining unit member who returns from leave, a reasonable effort will be made pays to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration Treasurer of said leave provided they reimburse the Board for in advance each month, the full amount of the monthly group plan premium costsof such coverages. Failure Any overpayment of premium shall be refunded to forward premium at stipulated times will terminate this benefitthe staff member upon termination of leave.

Maternity/Paternity Leave. Leave without pay 1. Staff members will be granted maternity/paternity leave upon request to the superintendent at least sixty (60) days prior to the time leave is to commence. A physician’s statement may be required at the discretion of the school board to support the request for leave. a. Maternity/paternity absence may be granted for a maximum period of two (2) years from the date such absence is to commence. Any subsequent childrearing leave of absence requested by a member of the bargaining unit for the birth or adoption of another child shall be granted members requesting for a maximum period of two (2) years from the date such absence is to commence; provided, however, that the bargaining unit member returned to active service in the District for a minimum of eighteen (18) consecutive weeks following the childrearing leave immediately prior to the request for another childrearing leave. Consistent with the duration of leave time granted to employees under the Family Medical Leave Act of 1993, as amended, an employee who fails to return to active service in the District for a minimum of eighteen (18) consecutive weeks following a prior childrearing leave shall only be entitled to twelve (12) weeks of unpaid leave time for his/her next childrearing leave after which he/she must return to active service in the District. Failure to return to service shall result in termination of the employee’s contract with the District. b. A member of the bargaining unit granted maternity/paternity leave, which shall include adoption, absence may return upon the termination of the requested leave to the former position or a reasonable equivalent provided said employee notifies the superintendent in accordance with writing of the provisions and procedures hereindesire to return sixty (60) calendar days prior to the intended date of return. 1. If a c. A member gives birth or adopts a child during of the school year, the member bargaining unit may use unpaid be granted maternity/paternity leave for adoption. The leave would follow the balance of the semester during which the birth or adoption occurs plus up to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of same guidelines as for regular maternity/paternity leave. However, if a member has accrued sick leave, . d. Female members of the member may use paid bargaining unit entitled to sick leave up may receive sick leave benefits for that period during which they are unable to eight (8) weeks perform their professional duties as the first eight (8) weeks result of the maternity/paternity leavedisability caused or contributed to by pregnancy, unless the membermiscarriage, abortion, childbirth and recover therefrom. Such disability must be certified by a physician’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess, the member shall not be permitted to use this portion of the paid sick leave during the following school yearstatement. 2. If a member gives birth or adopts a child All salary and benefits are discontinued during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless period, except as required under the memberFamily Medical Leave Act of 1993. Special provisions may be made for continuation of insurance at the employee’s medical condition qualifies for the use of paid sick leaveexpense. 3. Members Years of service in South Western School District shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior remain to the member’s return credit of such individual, provided that this person returns within the specified leave request as approved by the board. However, salary step advancement and seniority shall not accrue to work date, where practicable. Failure to meet this timeline will result in a forfeiture such individual for the period of the leave rights provided hereinleave. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with the leave provided under this section of Article XII. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort will be made to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Leave Maternity leave is granted to cover a period of absence for maternity reasons. Sick leave will be granted for the period of incapacitation due to pregnancy and confinement. Additional periods of annual leave and leave without pay may be granted in whatever order the employee requests for a non-incapacitated period. The employee may also request and be granted annual leave or leave without pay for the period of incapacitation. Absence for maternity reasons may be authorized for a period of up to six (6) months. Requests for additional leave following the end of the regular period of maternity leave will be handled in accordance with applicable regulations and this Agreement. Once requested and approved, the order of leave may be changed only by proper authority. In considering requests for sick leave, annual leave, and/or leave without pay for maternity reasons, the proper authority will apply pertinent laws, regulations and this Agreement in the same way he/she would apply them in any other case. In general, no arbitrary cutoff date requiring an employee to cease work or preventing an employee from returning to work will be established. If cutoff dates are established they must be based on the physical capability of the employee to perform the duties of the job after a determination by competent medical authority. The Service may establish, with the employee, a firm date for the leave to begin. If agreement cannot be reached, and the Service establishes a particular date, the reasons for the determination will be documented and given to the employee. The employee should submit notice, at least three (3) months in advance, of the prospective need for leave for maternity reasons. A male employee may be absent on annual leave or leave without pay for the purposes of aiding, assisting or caring for the mother of his child or minor children while she is incapacitated for maternity reasons. If approved, the leave shall be granted members requesting maternity/paternity leave, which shall include adoption, in accordance with the existing provisions on annual leave scheduling and procedures herein. 1. If a member gives birth or adopts a child during the school year, the member may use unpaid maternity/paternity leave for the balance of the semester during which the birth or adoption occurs plus up to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. However, if a member has accrued sick leave, the member may use paid sick leave up to eight (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick appropriate regulations governing leave. If any portion the granting of this 8-week period occurs during summer recesssuch leave would adversely affect employees, the member consultation shall not be permitted to use this portion of the paid sick leave during the following school year. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless the member’s medical condition qualifies for the use of paid sick leave. 3. Members shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently take place with the leave provided under this section of Article XIIappropriate Union representative before the supervisor renders his approval or disapproval. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort will be made to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Leave without pay shall be granted members requesting maternity/paternity leave, which shall include adoption, in accordance with the provisions A female Bargaining Unit Member who becomes pregnant may request pregnancy and procedures herein. child care leave for a combined period of time not to exceed one (1) year. If a member gives birth or adopts a child during the school year, the member A male Bargaining Unit Member may use unpaid maternity/request paternity leave for the purpose of providing care to a spouse and/or new child for a combined period not to exceed one (1) year. Only that time for which she/he would otherwise qualify for sick leave payment shall be paid as such; the balance of such time off will be charged to available vacation and/or compensatory time prior to the semester during which employee being placed in an unpaid leave status. After exhausting appropriate existing balances the birth or adoption occurs plus up employee shall be considered to three (3) additional semesters. Members may only use be on a leave without pay for maternity/paternity child care purposes. The member may hold in abeyance forty (40) hours of accumulated sick and vacation leave in semester increments balances for use upon returning to paid status. Further refinement or changes to this policy shall be considered an appropriate topic for Labor/Management meetings. The University will continue group medical benefits during the unpaid maternity / paternity leave for a period of six (6) months or less. Sick and may only return to work at the beginning of the semester following the use of maternity/vacation leave will not be earned during unpaid maternity / paternity leave. However, if a member has accrued sick seniority will continue to accrue. Eligibility for return to work from maternity leave is dependent upon approval by the Member’s attending physician. Depending upon the duration of leave, the Office of Human Resources may require that the member may use paid sick obtain approval of Health Services and/or a third party physician in accordance with Article 33.11 prior to returning to work. A written statement from the Member’s attending physician must be submitted to the Office of Human Resources prior to returning to work. Subject to Article 15 upon completion of maternity / paternity leave up of ninety (90) calendar days or less, the member will be returned to eight his/her former position, job classification, and pay range. Upon returning from a maternity / paternity leave of more than ninety (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess90) calendar days, the member shall not be permitted to use this portion of assigned a similar position in the paid sick leave during the following school yearsame classification and pay range. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless the member’s medical condition qualifies for the use of paid sick leave. 3. Members shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with the leave provided under this section of Article XII. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort will be made to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Leave without pay Employees shall be granted members requesting entitled to take up to six (6) months of leave for maternity/paternity leavepurposes commencing as determined below within 12 months following the birth, which shall include adoption, in accordance placement of a son or daughter with the employee for purposes of adoption or xxxxxx care, or adoption of the child; the provisions of Department Procedure 5/101.17 Family and procedures hereinMedical Leave Act will apply concurrently with this benefit. An employee, upon becoming aware of her pregnancy, shall obtain a statement from her physician stating that the physician has reviewed the job specifications of the employee and that it will not be injurious to her health or the health of the expected child for her to continue working. After the initial statement has been presented to the employee's supervisor (Acting Supervisor or next in chain of command, if the employee’s supervisor is unavailable. 1) and forwarded to Health and Safety, a similar statement shall be presented monthly, commencing with the sixth month of pregnancy. Employees complying with these provisions shall be entitled to work as long as they continue to present such monthly statements or until the date specified by their physician as the date beyond which they should not be permitted to work. If a member gives birth or adopts a child during the school year, the member may use unpaid maternity/paternity leave for the balance employee fails to present any required monthly statement within five days of the semester during which the birth or adoption occurs plus up to date due, she may be placed on maternity leave after three (3) additional semesterscalendar days notice by the Department. Members may only Employees will use maternity/paternity FMLA leave in semester increments and may only return to work time at the beginning of the semester following the use of maternity/paternity leave. However, if a member has accrued sick leave, the member may use paid sick leave up to eight (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess, the member shall not be permitted to use this portion of the paid sick leave during the following school year. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless and exhaust such FMLA leave time concurrently with their accrued leave, beginning with compensatory leave. Once compensatory leave is exhausted, the membertype of leave used will be at the employee’s medical condition qualifies for discretion but the use of paid sick leave. 3type will be designated in advance to Payroll. Members shall notify If the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of employee does not designate the leave rights provided herein. 4usage in advance of using it, Payroll will use leave in the following order: sick, vacation, professional leave, then bonus leave for maternity/paternity purposes. Any available All maternity/paternity leaves must be taken as one continuous leave under the Family & Medical Leave Act shall run concurrently period (unless special circumstances clearly show a legitimate need for broken periods of leave) with the leave provided under this section without pay being the last to be designated. By the six (6) month of Article XII. 5pregnancy, employees should make an appointment with Health and Safety to develop a tentative plan for leave usage. Requests for such Employees should submit a leave shall be submitted at least thirty (30) days application request prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for taking leave to commence sooner than indicate the thirty (30) day period. Failure to meet these time lines will result in a forfeiture type of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort that will be made to provide that member with a substantially equivalent positionutilized. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Maternity/Paternity Leave without pay shall will be granted members requesting maternity/paternity leave, which shall include adoption, in accordance with the provisions following procedures: A. Immediately subsequent to termination of Pregnancy Leave, if any, the employee shall be entitled upon request to Maternity Leave without pay or benefits (other than those provided under FMLA) for the balance of the school year. If termination of the employee’s pregnancy occurs subsequent to March 15 and procedures hereinprior to the beginning of the next succeeding school year, the employee shall be entitled upon request to Maternity Leave for up to one (1) additional school year. 1. If a member gives birth or adopts a child B. An employee on Maternity Leave may continue to participate in the insurance programs accorded other employees by payment of the premium otherwise payable by the Board at the beginning of each month at the office of the Treasurer. C. Application for reinstatement may be made by an employee on Maternity Leave at any time during the school year, and such employees may be reinstated by mutual agreement providing the member may use unpaid maternity/paternity leave for substitute is not under a regular teaching contract. In any event, the balance of the semester during which the birth or adoption occurs plus up to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at employee will be reinstated no later than the beginning of the semester following next succeeding school year, unless an additional year of leave has been granted in accordance with the use of maternity/paternity leave. However, if a member has accrued sick leaveforegoing Section. D. Upon return from Maternity Leave, the member may use paid sick leave up employee shall be reinstated to eight (8) weeks as the first eight (8) weeks of same position held prior to the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recessthat position is no longer available, the member employee shall not be permitted to use this portion given a substantially equivalent position for which valid certification/licensure is held. All benefits shall be reinstated upon the employee’s return; however, no advancement in increment will be allowed unless the employee taught at least one hundred twenty (120) days of the paid sick school year in which leave during commenced. E. An employee on Maternity Leave shall advise the Superintendent in writing by not later than April 1 of the school year in which the leave expires of whether she intends to resume service in Vermilion Schools the following school year. 2F. A male member of the bargaining unit shall be entitled to a Paternity Leave of absence without pay in accordance with the provisions set forth in this Section. If a member gives birth or adopts a child during the summer recessTo qualify for such unpaid Paternity Leave, the member may use unpaid maternity/paternity leave up employee must notify the Superintendent, in writing, of his wife’s pregnancy within a reasonable time after learning of her pregnancy. The employee shall also notify the Superintendent, in writing, of the anticipated delivery date within a reasonable time after being informed of such date. Paternity Leave shall not commence prior to the delivery date and must commence within four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at weeks after the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part of the maternity/paternity leave unless the member’s medical condition qualifies for the use of paid sick leavedelivery date. 3. Members shall notify the Superintendent/designee at least forty-five (45) calendar days, or as soon as practicable, prior to the member’s return to work date, where practicable. Failure to meet this timeline will result in a forfeiture of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with the leave provided under this section of Article XII. 5. Requests for such leave shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or as soon as the member becomes aware of the need, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture of the leave rights provided herein. 6. When assigning a member who returns from leave, a reasonable effort will be made to provide that member with a substantially equivalent position. 7. Individuals on any approved leave may continue their hospitalization and other group benefits for the duration of said leave provided they reimburse the Board for premium costs. Failure to forward premium at stipulated times will terminate this benefit.

Maternity/Paternity Leave. Leave without pay shall be granted members requesting 1. At the time the request is made for a maternity/paternity leave, which the tenured educator shall include adoption, provide a written statement from her obstetrician or physician indicating the expected date of delivery and an opinion that the educator may safely continue in accordance with the provisions her employment and procedures herein. 1perform all her regular work duties during her pregnancy. If a member gives birth or adopts a child during the school year, the member may use unpaid maternity/paternity Such leave for the balance shall commence upon whichever of the semester during following shall occur first: a. The date agreed upon by the Superintendent and educator b. The actual date of delivery c. The date on which the birth educator is required to leave or adoption occurs plus up close employment because she is unable to three (3) additional semesters. Members may only use maternity/paternity leave in semester increments and may only perform her duties, whichever shall first occur The Board requires a physician’s certificate certifying the educator’s fitness to perform teaching duties as a condition of approval to return to work at the beginning of the semester following the use of maternity/paternity leave. However, if a member has accrued sick leave, the member may use paid sick leave up to eight (8) weeks as the first eight (8) weeks of the maternity/paternity leave, unless the member’s medical circumstances require the use of additional accrued paid sick leave. If any portion of this 8-week period occurs during summer recess, the member shall not be permitted to use this portion of the paid sick leave during the following school yearwork. 2. If a member gives birth or adopts a child during the summer recess, the member may use unpaid maternity/paternity Sick leave up to four (4) semesters. Members may only use maternity/paternity leave in semester increments and may only return to work at the beginning of the semester following the use of maternity/paternity leave. If a member gives birth or adopts a child during the summer recess, the member shall not be permitted to use any paid sick leave as part applicable during the period of the maternity/paternity leave unless with the member’s medical condition qualifies for the following exception: a. An educator may request use of paid ten days of sick leave prior to commencement of and related to maternity leave. Leave begins after those days or date of delivery, whichever comes first. b. Once an educator returns to work for 20 days she may request payment for up to 20 days of accumulated sick days. The educator makes such a request to the Board of Education in writing within 30 calendar days after completion of 20 work days. 3. Members Nothing in this policy shall be construed as requiring any educator to apply for maternity leave. An educator not eligible for or not desiring maternity leave may utilize accumulated sick leave during any period of illness related to her pregnancy and/or to the delivery of the child. If such an educator shall have exhausted accumulated sick leave, she shall be granted a leave of absence without pay or other benefits during such period of illness. Such educator shall return to employment immediately following the termination of such illness. The Board requires a physician’s certificate certifying the educator’s fitness to perform teaching duties as a condition of approval to return to work. In the event the educator elects to use sick leave, the use of sick leave will be limited to use for the personal illness of the parent or infant, and following the birth of the child shall ordinarily be limited to six weeks. 4. An educator who desires another leave prior to completing two (2) additional years of teaching should apply for a FMLA leave. 5. At any time prior to the commencement of an approved maternity/paternity leave, provided no replacement has been contracted for, the educator may for good cause, with the Superintendent’s approval, cancel the leave. 6. Any educator on maternity/paternity leave who desires to terminate such leave prior to the scheduled date will be hired to fill the first available vacancy for which they are qualified. In the event there is more than one qualified educator on such status the order of their rehiring shall be determined by the Superintendent. 7. Any educator desiring adoption leave as a result of becoming an adoptive parent shall notify the Superintendent/designee Superintendent in writing upon the initiation of such adoption proceedings. Leave shall be granted upon satisfactory written notification to the Superintendent of the date the child is expected to be received. It shall be the responsibility of the applying educator to keep the Superintendent informed of the status of the proceedings, and as soon as known, the expected date of the delivery of the child. 8. A tenured male educator 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 educator has fathered or upon his planned adoption of a child. 9. To the extent that a tenured teacher’s educator’s temporary illness or disability under this Section also qualified as a serious health condition under the Family and Medical Leave Act and to the extent that the educator is an eligible employee as defined in ARTICLE VIII, Section G1 of this Agreement, the first twelve (12) weeks of an educator’s leave under this Section shall also be construed as medical leave under the Family and Medical Leave provisions of ARTICLE VIII, Section H. I. FAMILY AND MEDICAL LEAVE ACT Educators who have been employed by the Board for at least forty-five twelve (4512) calendar months shall be eligible for medical and/or family leave in accordance with the provisions of the federal Family and Medical Leave Act of 1993. Such leave shall be unpaid unless accumulated sick or personal leave is available to an employee. An eligible employee is entitled to up to twelve (12) work weeks during a twelve (12) month period for the following purposes: a. The birth of a child and to care for the newborn child, provided the leave is taken no later than twelve (12) months after the birth of the child; b. The placement of a child for adoption or xxxxxx care, provided the leave is taken no later than twelve (12) months after the placement of the child; c. The care of the educator’s spouse, child or parent with a serious health condition; or d. The treatment of a serious health condition that makes the teacher educator unable to perform the functions of the job. e. Military family leave, which may be a military caregiver leave or a qualifying exigency leave. An eligible educator’s use of unpaid leave under another section of this contract for one of the purposes set forth above shall also be considered as an FMLA leave under this Section, and shall be counted against the foregoing twelve (12) week period. The educator shall provide thirty (30) days’ notice to the Superintendent, or his/her designee, before a foreseeable FMLA leave is to begin based upon the expected treatment. If thirty (30) days’ notice is not practicable due to lack of knowledge, a change in circumstances, or medical emergency, notice shall be given as soon as practicable. If the request is for an intermittent leave or leave on a reduced schedule basis, prior to the member’s return to work dateeducator shall also advise the Superintendent, where practicable. Failure to meet this timeline will result in a forfeiture or his/her designee, of the leave rights provided herein. 4. Any available leave under the Family & Medical Leave Act shall run concurrently with reasons why the leave provided under this section schedule is necessary, and of Article XII. 5. Requests for such leave the change in circumstances, or medical emergency, notice shall be submitted at least thirty (30) days prior to the date on which the leave would be scheduled to begin, or given as soon as practicable. If the member becomes aware request is for an intermittent leave or leave on a reduced schedule basis, the educator shall also advise the Superintendent, or his/her designee, of the needreasons why the leave schedule is necessary, whichever is later, unless unusual conditions arise so that a licensed physician recommends the need for leave to commence sooner than the thirty (30) day period. Failure to meet these time lines will result in a forfeiture and of the leave rights provided herein. 6schedule for treatment. When assigning a member who returns from During an FMLA leave, a reasonable effort the District will be made continue to provide that member with a substantially equivalent position. 7. Individuals insurance benefits for an educator on any approved leave may continue their hospitalization the same terms and other group conditions as the insurance benefits would have been provided if the educator had continued in active employment for the duration of said leave provided they reimburse the Board for premium costsleave. Failure to forward premium at stipulated times will terminate In the event the Family Medical Leave Act is repealed, then this benefitsection shall, as of the date of repeal, no longer be in force and effect.