Pregnancy/maternity leave policy

Pregnancy/maternity leave policy

The following policies should be modified to reflect your circumstances. For example, if your short-term disability policy has terms and conditions that are different from the one referred to below, you should change the policy to reflect those terms. Also, you don't have to offer 16 weeks of leave. If you want to offer a different amount of time, you should modify the policy. If you make substantive changes, however, you should have your attorney look over the changes.

Sample 1:

To be eligible for a pregnancy leave of absence, the employee must be a nontemporary, full-time female employee.

Maximum length of leave: The maximum length of pregnancy leave allowed is [number] weeks. If the employee needs a longer leave due to medical complications, the employee should notify [ORGANIZATION NAME] as soon as possible. The additional leave will be treated the same as any other medical or disability leave.

Written requests: A written request for pregnancy leave must be submitted within a reasonable time. The employee must submit a written doctor's statement, indicating the anticipated delivery date. The employee should inform [ORGANIZATION NAME] of the expected duration of her pregnancy leave so that [ORGANIZATION NAME] may plan around the absence efficiently until her return.

Transfers: An employee requesting pregnancy leave may also ask for a transfer to another less strenuous or less hazardous position if so desired. The request must be in writing and must state the reason for the transfer.

Paid leave: [ORGANIZATION NAME] provides for paid pregnancy leave for the period of [time limit-e.g., number of days or weeks]. The employee may use any accumulated paid sick days and/or paid vacation days to extend her pregnancy leave beyond the paid leave period. The employee will be paid for those designated days.

Medical incapacity: At her option, the employee may continue to work up to the delivery date, depending upon the employee's medical circumstances and the nature of the employee's job. In the event the employee is physically incapable of performing her regular job duties at any time during her pregnancy, the employee may request that the employee be placed on pregnancy leave. An advance notice of a minimum of one (1) week should be given, accompanied by a statement from the employee's physician attesting to the employee's incapacitation.

Benefits: While an employee is away from work on an approved pregnancy leave of absence, she continues to participate in [ORGANIZATION NAME]'s company employee benefit programs. [ORGANIZATION NAME] will endeavor to return the employee to the same or equal job she had before taking pregnancy leave. Although [ORGANIZATION NAME] does not guarantee a return to the identical job, the employee will suffer no loss in seniority.

Sample 2:

A pregnant Company employee can take a maternity leave of up to 16 weeks. This leave is available to employees from their date of employment. The leave can begin before or after delivery.

Up to four weeks of the possible 16 weeks of leave can be offset by previous use of short-term disability or Family and Medical Leave during the prior 12 months. For example, someone who had been on a short-term disability leave of two weeks during the past 12 months would be entitled to only 14 weeks of maternity leave. Someone who had taken four or more weeks would be entitled to 12 weeks of maternity leave.

A maternity leave consists of two parts. There is a period of actual disability, which is covered by the short-term disability program in the case of full-time employee with a year or more of service, including five days charged to the annual absence policy. The remainder of the maternity leave is treated as a family/medical leave. This means that any accrued, unpaid sick days will be paid as part of the leave, and the remainder of the leave will be unpaid.

The first five days of your leave are charged against your sick days. The short-term disability program then provides:

  • full pay for the first 5 weeks,

  • 80% of pay for the following 10 weeks

  • 60% of pay for the final 10 weeks.

Reemployment rights and benefits. The organization will endeavor to return the employee, who meets the above qualifications, to the same or equal job she had prior to her pregnancy. The Organization cannot guarantee the exact same job; however, the employee will suffer no loss in seniority. Employees who are granted a leave of absence by virtue of pregnancy shall suffer no loss in net creditable service insofar as vacation, retirement and length of service awards are concerned. Hospital, major medical, and life insurance coverage will continue during the leave of absence, provided the employee plans to return to work. Pregnant employees should contact the Human Resources office as early in their pregnancy as possible for:

  • a form indicating your expected due date;

  • a form to request a pregnancy leave of absence;

  • a disability certification form;

  • more detailed information.

[Samples of the above three forms can be found at ¶45,330 .]

Reprinted with permission. © CCH
<p>The following policies should be modified to reflect your circumstances.</p>

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