Request for Pregnancy Leave Based on Claim of Disability a. A pregnant employee who desires to continue in the performance of her duties during her period of pregnancy shall be permitted to do so provided she produces a statement from her physician stating that she is physically capable of continuing to perform her duties and further stating up to what date, in the opinion of said physician, the employee is capable of performing said duties.
b. In the event the physician of a pregnant employee shall be of the opinion that said employee is capable of performing her duties up to a specified date but the medical examiner of the Board of Education shall be of a contrary opinion, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue in the performance of duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, such appointment shall be made by the Bergen County Medical Society. The expense of any examination by the impartial third physician shall be shared equally by the employee and the Board.
c. In no event shall the Board be obligated to permit a pregnant employee to continue in the performance of her duties where her performance has substantially declined from that performance demonstrated by her at the time immediately prior to her pregnancy.
d. All policies, practices, rules, and regulations applicable to employees who are granted sick leave pursuant to the provisions of N.J.
Request for Pregnancy Leave Based on Claim of Disability a. A pregnant teacher who desires to continue in the performance of her duties during her pregnancy shall be permitted to do so, provided she produces a statement from her physician stating that she is physically capable of continuing to perform her duties and further stating up to what date, in the opinion of said physician, the teacher is capable of performing said duties.
b. If in the opinion of the CSA, the employee’s performance has substantially declined from the time immediately prior to her pregnancy, he may require her to produce a certification from her physician that she is able to carry on her duties. If the pregnant teacher fails to produce certification from her physician that she is medically able to continue teaching, or the CSA rejects the certification from the teacher’s physician, the teacher shall be directed to a physical examination by the Head of the Obstetrics Department at Rahway Hospital, at the Board’s expense. The determination of this physician shall be binding upon the Board and the employee.
c. All policies, practices, rules and regulations applicable to teachers who are granted sick leave pursuant to the provisions of N.J.S.A. 18A:30-1 et. seq. shall be applicable to pregnant teachers applying for leave under Section F(1) of this Agreement. Such teachers shall receive no lesser consideration than any other employee nor shall they receive any greater consideration.
d. The teacher requesting a pregnancy leave under the provisions of this Section E(1) shall specify in writing of the date on which she wishes to commence her leave and the date on which she wishes to return to employment after birth. Such requests shall be consistent with the foregoing provisions.
e. The Board shall have the right to require any pregnant teacher who desires to return to her duties by a fixed date to produce a certificate from her physician stating that she is capable of resuming her duties. In the event of a difference of opinion between the teacher’s physician and the medical examiner of the Board relative to the resumption of duties by said employee, the provision of Paragraph E(2)(b) shall be applicable as to the method of resolving such a disagreement.
f. Whenever, in the opinion of the Board, the dates for the commencement of a pregnancy leave and/or the dates for the resumption of duties would substantially interfere with the administration of the school or with the education of the children, the requested dates may be changed by the Board.
