Legal Issues for School Employees Maternity Leave Maternity

Legal Issues for School Employees Maternity Leave

Maternity leave w Consists of two components; • A disability period • A child-rearing period w These two components are treated differently under law. Maternity Leave NJEA Legal Issues For School Employees 2

New Jersey Law Against Discrimination Pregnant employees may be neither favored nor discriminated against, but must be treated as are all other disabled employees. Maternity Leave NJEA Legal Issues For School Employees 3

Sick leave Pregnancy constitutes an illness and sick leave may be used: w Sick leave may be used during the disability period of four weeks prior to and four weeks after the birth of the child. w Maternity Leave NJEA Legal Issues For School Employees 4

Collective bargaining agreements Contain provisions for maternity leave and the process to be followed to request one. Maternity Leave NJEA Legal Issues For School Employees 5

Your Contract Application to the Superintendent at least 3 months prior to the anticipated birth w Child rearing leave for tenured teachers: • Balance of the school year and for two additional years • Must inform the board in writing by April 1 whether you plan to return the following year. w Maternity Leave NJEA Legal Issues For School Employees 6

Your Contract If the initial leave begins on or after April 1, you must make an application for the first full year of leave at this time. w Child rearing to non-tenured teachers: w For the balance of the school year. w Re-employment is not guaranteed. w w If administratively convenient to the Board, the teacher may terminate the leave earlier than scheduled. Maternity Leave NJEA Legal Issues For School Employees 7

Your Contract Upon return, all benefits are restored. w The Board shall pay the cost of medical insurance for tenured teachers for 3 months following the start of the leave or 1 month following the birth, whichever occurs first. w You may be permitted to continue on the dental and prescription plans on a reimbursement basis. w Maternity Leave NJEA Legal Issues For School Employees 8

Disability leave An employee may use all or a portion of accumulated sick leave with full pay and benefits. w Disability period can be adjusted; w • If child not born on the anticipated date. • Due to health issues related to the pregnancy and/or delivery. Maternity Leave NJEA Legal Issues For School Employees 9

Federal Medical and Family Leave Act When there are not enough sick days to cover the disability period, leave may be requested pursuant to the Federal Family Medical Leave Act, P. L. 103 -3, 1993, for personal serious illness. Maternity Leave NJEA Legal Issues For School Employees 10

Child-rearing leave takes place immediately after the termination of the disability period. w Some CBAs refer to maternity leave and do not delineate between maternity disability and child-rearing leave. w Sick days may not be used. w Maternity Leave NJEA Legal Issues For School Employees 11

Family Leave Acts Prior to using the child-rearing provisions of the CBA, leave may be requested pursuant to the federal or NJ Family Leave Act for care of a newborn. w Entitled to unpaid leave with paid health benefits until the end of the leave period. w CBA may be used if leave not available under the law. w Maternity Leave NJEA Legal Issues For School Employees 12

Requesting maternity leave Must provide written statement from physician indicating the expected due date. w Districts often require a written statement from physician before allowing the employee to return to work. w Must verify physical capability to return to work. w Maternity Leave NJEA Legal Issues For School Employees 13

Maternity Leave Buy-Back If Board minutes reflect maternity leave, you can buy back three (3) months. w If an additional three (3) months are needed due to complications, you can buy an additional three (3) months time. w If the Board minutes reflect medical leave, you can buy back up to two (2) years. w

Questions? Maternity Leave NJEA Legal Issues For School Employees 15