Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth. 1. Maternity leave shall be granted subject to the following conditions: a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester. b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth. c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility. d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave. 2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board. 3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent. 4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained. 5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year. 6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority. 7. No employee shall be removed from her position during pregnancy except upon one of the following: a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy. b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if: (1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or (2) The Board's physician and the employee's physician agree that she cannot continue working, or (3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply a. Maternity leave is a period of approved absence for incapacitation related to pregnancy. It is chargeable to sick leave, or any combination of sick leave, annual leave, or LWOP. When medical authority properly establishes incapacity, the use of leave for maternity reasons is a leave of absence without pay. Upon request, such leave shall be granted prior right accruing to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimesteremployee.
b. A request With proper medical supervision, the healthy women can be employed during a normal pregnancy with minimal limitations imposed for maternity leave shall include a statement from a physician confirming health and safety, depending upon the pregnancy and anticipated date of birth.
c. Exact dates rigors of the leave will job. The employee should be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is considered physically able to return to duty shall be furnished to work during at least the Board before an employee first 28 weeks of pregnancy and even into the 36th week if her work is permitted to return from maternity leave.
2not too physically demanding. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventOrdinarily, the employee will should remain off work at least six weeks after delivery. She should be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends allowed to return to work prior to this time only with the following September. Failure to so notify the Board will be deemed to be a waiver by the employee clearance of her right to return from maternity leave that yearphysician.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall c. An employee should report pregnancy as soon as it count toward placement on the salary guide or for seniority.
7. No employee shall is known so that steps can be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior taken to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and protect the employee's physician agree health or improve her working conditions, and also so that she cannot continue working, or
(3) Following necessary staffing adjustments may be planned. When there is any difference of medical opinion between the Board's physician and question as to the employee's physicianphysical condition, the employee should be requested to furnish a physician selected jointly by medical certificate, if one has not already been presented, so that necessary action may be taken. Where competent medical advice indicates that the Board employee should not be permitted to work and the employee shall render a binding opinion on does not request leave; she may be required to take leave in order to prevent injury to her health.
d. Rules regarding medical certification for maternity absences are the physical capacity same as any other type of incapacity, regardless of the type of leave to continue workingwhich the absence is charged. The expense Any absence, either before or after delivery, which is not due to the employee's medical incapacity to work must be charged to annual leave or LWOP and is subject to the normal approval of any examination by the impartial third physician under this paragraph shall supervisor.
e. Due to the nature of temporary employment, it may be shared equally by the employee necessary to deny approval of annual leave and the BoardLWOP for maternity reasons to temporary employees, if work requirements so dictate.
Appears in 1 contract
Sources: Bargaining Agreement
Maternity Leave. All pregnant employees An officer who is not eligible for family leave because of insufficient service credits under Section 12.10(B) may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1Maternity Leave. Maternity leave shall be granted subject treated as any other disability except for the additional benefits provided in this Section. Any officer who is or becomes pregnant shall be entitled to a leave of absence for the following conditions:
a. An employee shall notify the Superintendent birth of her pregnancy by child or children and for her period of convalescence immediately following. The length of maternity leave allowed shall be consistent with the end recommendation of the first trimester.
b. A request for maternity leave shall include a statement from a employee's physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able employee's ability to return to duty shall be furnished perform the duties of their position without danger to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee health and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work duties. In the event of the inability welfare of the employee and the Board child, up to agree upon twelve (12) weeks. If the appointment employee remains unable to work after twelve (12) weeks of the third maternity leave, she must request other applicable leave. To be eligible for maternity leave, a pregnant officer must notify her Division Commander of her condition not later than thirty (30) days prior to her expected date of delivery, and she must provide her Division Commander with a written statement, signed by her physician, indicating the expected date of delivery. Nothing contained in this Section, however, shall preclude the officer from using any or all of her accumulated sick leave, vacation leave, personal leave and compensatory time while on maternity leave. During the period that the officer is in fact using such appointment shall be made by the Monmouth County Medical Societyaccumulated leave, she will continue to receive full pay and benefits, without any interruption of her seniority. The expense of any examination by While on an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through of absence for maternity leave an officer shall not receive any benefits except the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum CITY's portion of two months prior to health and life insurance premiums for the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester entire calendar month in which the child is bornunpaid leave begins will be paid by the CITY. In Officers on unpaid maternity leave shall be allowed to continue to participate in the group insurance at no event, shall cost to the return date employer for the employee be other than maximum duration allowed under the beginning of the semester, unless by written approval of the Superintendent.
4group insurance policies. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate Prior to the Board in writing officer's return to work, she may be required to obtain and submit, at her expense, a physician's release certifying that she intends is fit to return to work and perform all the following Septemberduties of her position. Failure This release must be submitted to so notify the Board Human Resources Department before the officer will be deemed permitted to return to work. The CITY reserves the right, at its discretion, to verify any physician's statement requested or presented under this Section, and to require the officer to be examined, at the CITY'S expense, by a waiver physician selected by the employee CITY for the purposes of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and determining the employee's physician agree that she cannot continue working, or
(3) Following any difference ability to return to work and perform the required duties of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardher job.
Appears in 1 contract
Sources: Labor Agreement
Maternity Leave. All (a) An employee who is pregnant employees may apply shall, subject to this clause, be entitled to be granted maternity leave as follows:
(1) for a leave of absence without pay. Upon request, such leave shall be granted period up to 9 weeks prior to the anticipated expected date of birth and continue birth; and
(2) for a reasonable further period of time up to a specific date following birth.
1. Maternity leave shall be granted subject to 12 months after the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated actual date of birth.
c. Exact dates (b) An employee who has been granted maternity leave may, with the permission of the Chief Executive Officer or nominee, take leave will be arranged to coincide with changes in semester. Where medically contradicted, after the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the actual date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist ifbirth:
(1) The pregnant employee fails full-time for a period of up to produce a certification when requested by the Administration from her physician that she is medically able to continue working, 12 months; or
(2) The Board's physician and the employee's physician agree that she cannot continue working, part-time for a period of up to 2 years; or
(3) Following any difference as a combination of medical opinion between full-time and part-time over a proportionate period of up to 2 years.
(c) An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.
(d) An employee who resumes duty before her child’s first birthday or on the Board's physician and expiration of 12 months from the employee's physiciandate of birth of her child shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, a physician selected jointly if the position still exists.
(e) If the position occupied by the Board employee immediately prior to the taking of maternity leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee shall render be appointed to a binding opinion on position of the physical capacity to continue working. The expense of any examination same grade and classification as the employee’s former position.
(f) An employee who:
(1) applied for maternity leave within the time and in the manner determined by the impartial third physician under Chief Executive Officer or nominee; and
(2) prior to the expected date of birth, completed not less than 40 weeks' continuous service,
(g) Except as provided in sub-clause (f) of this paragraph clause, maternity leave shall be shared equally by granted without pay.
(h) The Chief Executive Officer or nominee shall consider, where possible and appropriate, an application to transfer to safer duties of a pregnant employee either before and/or after the employee and the Boardbirth of an unborn or a newborn child on a case-by-case basis.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. All A pregnant employees may apply for a leave of absence without pay. Upon requestemployee, such leave shall be granted who is permanent or who has twelve (12) months continuous service prior to the anticipated date of birth and continue delivery shall be entitled to maternity leave without pay for a reasonable period not to
6 1 Memorandum of time to a specific date following birth.
1Agreement December 10, 2013 exceed fifteen (15) weeks. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming is defined as the pregnancy total time off work, before and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on a child, this includes the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 health-related portion of the school year in which maternity leave. During the employee desires to return from said health-related portion of a maternity leave, the employee may be eligible for benefits as any other employee absent on sick leave. During the first six (6) months of pregnancy, such employee shall indicate apply in writing for maternity leave, including advice to the Board Business Unit of the estimated delivery date and date of commencement of maternity leave. Maternity leave shall commence at the time designated by the employee, within twelve (12) weeks of the estimated delivery date, but no later than the date of the birth of the child. An employee who has applied for maternity leave shall be required to make payment arrangements, in writing that advance, for the non-health related portion of the maternity leave, their share of the premiums for applicable benefits and any other levies normally in force had such leave of absence not been granted. Notwithstanding the above, and employee who is pregnant shall not continue in her position following such time as, in the opinion of the employee's personal physician and in consultation with Disability Management, her ability to carry out her assignment is limited by pregnancy. At this time the eligible employee may choose to be accommodated by alternate work which facilitates their health restrictions (if such is readily available and approved by the physician), or shall commence maternity leave, if she intends to return is within twelve (12) weeks of her estimated delivery date. Employees who are accommodated in alternate work will not receive less than their regular pay. Such employee returning to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave shall be reinstated to the same or similar position held at the time maternity leave commenced, but without claim to any promotions effected during absence on leave. For purposes of accommodating employees who have been granted maternity leave, the Union agrees to assist in finding a position including waiving of postings. An employee who has not yet attained permanent status, but who has completed six (6) months or more continuous service may apply, and at the discretion of Management, be granted maternity leave without pay on the same conditions as a permanent employee listed above. If granted maternity leave, and upon returning to work from such leave, the employee shall be provided with work of a comparable nature at not less than the same salary and other benefits that year.
6had accrued to the employee prior to commencing maternity leave, without claim to any promotions effected during leave of absence. The time spent While on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on will accrue seniority and service however, will not accrue current year vacation entitlement for the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by period inwhich the employee and the Board.was away. 7 ( Memorandum of Agreement December 10, 2013
Appears in 1 contract
Sources: Memorandum of Agreement
Maternity Leave. All pregnant employees may apply for a Maternity leave of absence without pay. Upon request, such leave shall will be granted prior to in accordance with the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end provision of the first trimester.
b. A request Employment Standards Act except where amended in this provision. The service requirement for eligibility for maternity leave shall include be months of continuous service. delivery. An employee on maternity leave as provided under this agreement who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a statement from supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a physician confirming maximum period of fifteen 15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the pregnancy and anticipated date of birth.
c. Exact dates commencement of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2times her normal weekly hours. The disability period as certified jointly employee has the right to extend the maternity leave to six ( 6 ) months in total. Written notice by the employee and to extend the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of given at least two months (2) weeks prior to the end termination of the current initially approved leave. This notice requirement will be shortened in circumstances where medical complications occur in the two (2) weeks prior to the termination of the initially approved leave. It is understood that during a maternity leave exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, except when medical considerations occurring during or any other benefits under any provisions of the last two necessitate extending collective agreement or elsewhere shall be suspended, the leavebenefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the absence. In any eventaddition, the employee will be expected to return no later than two become responsible for full payment of subsidized employee benefits in which she is participating for the period of the absence. Effective October credits for service shall accumulate for the initial seventeen (217) years weeks from the date commencement of the delivery of the child, excluding the balance of the semester in which the child leave while an employee is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of returnmaternity leave. However, on or before March 1 credit for seniority shall not be suspended but shall accumulate during such leave. Effective October the Hospital will continue to pay its share of the school year premiums of the subsidized employee benefits in which the employee desires is participating for the initial seventeen (17) weeks from the commencement of the leave while the employee is on maternity leave. After seventeen (17)weeks and subject to the provision of the master policies governing such plans, employees desiring to maintain such protection through the Employer shall be entitled to remit to the Employer such full premiums as fall due during the leave so as to insure continued coverage. The employee shall reconfirm her intention to return from said to work on the date originally provided to the Hospital in by written notification received by the Hospital at least two weeks in advance thereof. Subject to any changes to the employee's status which would have occurred had she not been on maternity leave, the employee shall indicate be reinstated to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureformer duties, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of same shift in the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingsame department, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by at the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference same rate of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpay.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All (a) An employee, who has completed six (6) continuous months of employment with the Centre, shall be eligible for an unpaid maternity leave of absence. In order to qualify for maternity leave benefits the employee must:
(i) submit a written application for maternity leave to the Executive Director or appropriate Director at least four (4) weeks prior to the date on which she intends to commence such leave; and
(ii) provide the Centre with supporting documentation, in the form of a physician’s certificate from a duly qualified medical practitioner, certify- ing that she is pregnant employees and specifying the anticipated date of delivery.
(b) Notwithstanding the foregoing, the Centre may apply require an employee to commence maternity leave if the state of her health is incompatible with the requirements of her job, and such time shall be in addition to the leave that she is otherwise entitled to in accordance with this Article.
(c) An employee who qualifies for maternity leave in accordance with Article 17 shall be granted a maternity leave of absence without pay. Upon request, such leave pay that shall be granted prior to consist of:
(i) a period not exceeding seventeen (17) weeks if delivery occurs on or before the anticipated date of birth and continue for delivery specified in Article 1702 (b) above; or a reasonable period of time seventeen (17) weeks plus
(ii) an additional period, equal to a specific the period between the anticipated date following birthof delivery specified in Article 1702 (a) (ii) above and the actual date of delivery, if the actual date of delivery occurs after the date specified in the physician’s certificate.
1. Maternity (iii) The Centre may vary the length of maternity leave shall be granted subject to upon receipt of appropriate medical documentation from the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimesterattending physician.
b. A request for (d) The employee returning to work following a period of approved maternity leave shall include a statement from a physician confirming provide the pregnancy and anticipated Executive Director or appropriate Director with four (4) weeks written notice prior to the date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able they wish to return to duty work. Upon returning to work, the employee shall be furnished placed in the same or comparable position to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months one occupied prior to the end of maternity leave and at the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentsame wage and benefit level.
4. The leave (e) During the period of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said approved maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearnot accrue vacation credits or income protection (sick leave) credits.
6. The time spent on (f) An employee granted maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingleave, and which physical capacity shall who has applied for Employment Insurance benefits through H.R.S.D. Canada, may be deemed permitted to exist if:
utilize income protection (1sick leave) The pregnant employee fails credits to produce a certification when requested by provide income during the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the BoardE.I. waiting period.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All 15.01 Pregnancy shall not constitute cause for dismissal.
15.02 On completion of the probationary period an employee shall qualify for Maternity Leave and the Board shall not deny the pregnant employees may apply for a leave employee the right to continue employment during the period of pregnancy.
15.03 Employees shall be granted up to eighteen (18) weeks' Maternity Leave of absence without pay. Upon request, such leave The duration of the Maternity Leave of absence before confinement and subsequent to confinement shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist ifthat:
(1) The pregnant If the employer believes that the employee fails cannot reasonably be expected to produce perform her duties because of the pregnancy, the employer may instruct the employee to take leave of absence until the employee can provide a certification when requested by the Administration certificate from her physician that a doctor stating she is medically able to continue working, orperform her duties;
(2) The Boardleave shall include the six (6) weeks following the actual date of birth of the child unless the employee gives at least one week's physician notice and furnishes a certificate from a qualified medical practitioner stating she is able to return to work.
15.04 Should an employee require a longer period of Maternity Leave because of health reasons and/or complications, an extension up to a maximum of six (6) months will be granted on production of a medical certificate.
15.05 Employees shall retain full employment status and accumulate all benefits of this Agreement while on Maternity Leave.
15.06 After fifteen (15) weeks of absence covered by Unemployment Insurance provisions, an employee may choose to receive payment of normal weekly salary from accumulated sick leave benefits if applicable.
15.07 An employee shall give the employee's physician agree that Board at least two (2) weeks notice/advice of the effective date of the leave, of an extension of the leave, and of her return to work after Maternity Leave of absence and she shall be returned to her former position.
15.08 If a pregnant employee chooses not to work with a VDT, an attempt will be made, in co-operation with the other employees, to provide her with other work and/or a change of tasks, provided there is no additional cost to the Library. If this cannot continue workingbe done, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and or if the employee shall render so wishes, leave of absence without pay will be granted to her.
15.09 In addition to Maternity Leave, an employee is entitled to a binding opinion on the physical capacity to continue working. The expense maximum of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.thirty-five
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All (a) A pregnant employees may apply for a leave Employee is entitled to up to eighteen (18) consecutive weeks of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from unpaid maternity leave.
2. The disability period as certified jointly by (b) A pregnant Employee will provide the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for DCFA with a reasonable period of time at her written request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months at least four (4) weeks prior to the end start of the current leave, except when leave and a medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date certificate in support of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date request for the employee be other than the beginning of the semester, unless by written approval of the Superintendentleave.
4(c) The maternity leave may start no earlier than eleven (11) weeks before the expected birth date, and must end no earlier than six (6) weeks after the birth date unless the Employee produces a Doctor’s certificate, which supports a request for a shorter period. The leave of absence granted a non-tenured employee hereunder period may not be extended beyond the end of the contract school year in which the leave up to six (6) weeks if a Doctor certifies that it is obtainedrequired.
5(d) A birth parent must request parental leave, as set out in Clause 22.2 and the Employment Standards Act, at least four (4) weeks before beginning parental leave. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity To take parental leave, the employee shall indicate to the Board in writing birth parent must begin that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from leave immediately after their maternity leave that yearleave.
6. The time spent on maternity leave shall not count toward fulfillment (e) Where an Employee who is at work becomes ill or injured following the commencement of the time requirements for acquiring tenureeleven (11) week period in (c) above, nor shall it count toward placement on the salary guide such illness or for seniority.
7. No employee injury shall be removed from her position during pregnancy except upon one covered by application of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist ifsick leave provision as follows:
(1) The pregnant employee fails where the illness or injury is not directly related to produce a certification when requested by the Administration from her physician that she is medically able condition of pregnancy, sick leave coverage may extend to continue workingthe scheduled date of commencement of maternity leave, oror birth of the child(ren), whichever occurs first.
(2) The Board's physician where the illness is caused through an abnormal condition of pregnancy as verified in writing by a qualified medical practitioner and the employee's physician agree that she cannot continue workingEmployee returns to work before the scheduled commencement date of maternity leave, orthe period of absence will be covered by the provisions of Article 19.8.
(3f) Following On return from maternity leave, an Employee shall be placed in their former position.
(g) When an Employee is on maternity leave, employment is considered continuous for the purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the Employee. The DCFA will also continue to make payments to any difference of medical opinion between such plans unless the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity Employee chooses not to continue workingwith their share of the cost of a plan. The expense Employee is also entitled to all increases in wages and benefits which the Employee would have received if not on leave.
(h) An Employee on maternity leave shall notify the DCFA of any examination by the impartial third physician under this paragraph date when the Employee shall be shared equally by returning to work, four (4) weeks prior to the employee and expiration of the Boardmaternity leave.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply
(a) The employee will be granted leave for a period not longer than 17 consecutive weeks.
(b) The period of maternity leave will commence not earlier than 13 weeks before the expected birth date, and no later than the actual birth date. The period of absence without pay. Upon request, such maternity leave shall be granted prior to will end no earlier than six weeks after the anticipated date of birth, except in accordance with (c) below, and will end no later than 17 weeks after the birth and continue for a reasonable period of time to a specific date following birthdate.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. (c) A request for maternity leave shall include shorter period under (b) above must be given in writing to the Employer at least two weeks before the date that the employee indicates they intend to return to work, and the employee must furnish the Employer with a statement from certificate of a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both qualified medical evidence and administrative feasibility.
d. A statement from a physician certifying practitioner or nurse practitioner stating that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leaveresume work.
2. (d) The disability period as certified jointly by Employer will, upon the employee and the Board's physician may be treated as compensable sick leave time at the option request of the employee, modify the commencement of maternity leave for any period approved in writing by a qualified medical practitioner or nurse practitioner.
(e) An employee may be required to commence a maternity leave where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a qualified medical practitioner or nurse practitioner stating that they are able to perform their duties. In However, where practical, the event Employer will provide the employee with an opportunity to continue employment with appropriate alternative duties, before requiring an employee to take a leave of absence.
(f) An employee who requests maternity leave under this clause after the termination of the employee’s physician and the school physician pregnancy will be granted up to six consecutive weeks of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from beginning on the date of the delivery termination of the child, excluding pregnancy and ending no more than six weeks after the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentleave begins.
4. The (g) Maternity leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave for up to an additional six months for health reasons where a qualified medical practitioner's or nurse practitioner’s certificate is obtainedpresented.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All Section 1. Any pregnant employees may apply for employee who requests a maternity leave of absence without pay. Upon request, such leave shall be granted prior required to apply to the anticipated date of birth and continue County Manager, in writing, for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity such leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, such appointment request shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by as soon as the employee has received medical proof that she is pregnant and the Board.
3. An employee's request shall contain the date when the employee desires the maternity leave to commence and a return date to employment which shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two not exceed ninety (290) years days from the date of the delivery of the child, excluding provided, however, the balance period shall be extended if medical proof is submitted to support the grant of an extension beyond ninety (90) days. The request for the leave shall be accompanied by a written medical statement that the date of the semester in which request to commence benefit leave of absence will not be harmful to the child is bornhealth or well being of the employee. In no eventthe event that a doctor, designated by the Employer, advises the Employer that the employee is incapable of continuing her duties, the Employer may then demand commencement of the leave at a time earlier than requested.
Section 2. The Employer shall consider the employee’s requested date of return; however, the Employer's determination shall be final and binding upon the employee. No employee shall be required to return in less than sixty (60) days from the date of delivery of the child, nor may a maternity leave exceed ninety (90) days in duration, provided, however, the period shall be extended if medical proof is submitted to support the grant of an extension beyond ninety (90) days. When the Employer approves, a maternity leave, it shall do so in writing designating the term of the leave and a return date for the employee be other than to return to work.
Section 3. In the beginning event that normal conditions attendant upon pregnancy and birth do not prevail, the employee may apply to the Employer for permission to return to work prior to the termination of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in period for which the leave is obtainedgranted.
5Section 4. Except as provided above, no If an employee shall be barred from returning fails to duty after the birth of her child solely return to work on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 termination of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to considered as having resigned.
Section 5. There shall be a waiver by the employee no extension of her right to return from any maternity leave that yearbeyond the ninety (90) days provided for herein, provided, however, the period shall be extended if medical proof is submitted to support the grant of an extension beyond ninety (90) days.
Section 6. The time spent on While temporary employees may be granted a maternity leave as herein provided in accordance with Department of Personnel rules and regulations, the Employer shall not count toward fulfillment of be responsible to hold a job for the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for senioritysaid employee.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for 28.01 The Employer shall grant to an employee a leave of absence without pay not to exceed a total of fifty-two (52) consecutive weeks as maternity, adoption or parental leave.
28.02 Subject to the duty to accommodate, the Employer may require an employee to commence maternity leave if the state of her health necessitates it. The Employer shall not terminate the employment of an employee because of her pregnancy.
28.03 An employee who is granted maternity, parental or adoption leave, shall continue to accumulate seniority in accordance with Article 18.
28.04 Where an employee reports for work upon the expiration of the period referred to in Article 28.01, she shall be reinstated in a staff position at the same level as previous to her leave.
28.05 Sick leave will not be granted for pregnancy. Leave for such conditions shall be considered maternity leave and shall be leave without pay. Upon requestNevertheless, such sick leave shall be granted prior due to complications associated with pregnancy excluding normal delivery. Article 25 will be applicable in such circumstances.
28.06 Not later than the twentieth (20th) week of her pregnancy, a pregnant employee will inform the Employer of the anticipated commencement date of birth of, and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradictedreturn from, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by 28.07 On the employee and the Board's physician may be treated as compensable sick leave time at the option occasion of the employee. In the event the employee’s physician and the school physician birth of the Board of Education do not agreehis child, then the a male 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than allowed two (2) years from days special leave with pay. This provision shall also apply to a female employee in a same sex relationship who does not claim maternity benefits.
28.08 Maternity, Adoption or Paternal Leave The parties agree that Supplements to Employment Insurance (EI) Maternity or Parental Benefits will be provided to employees who commence maternity, adoption or parental leave on or after the signing date of this agreement. The Supplements to EI will be provided as follows:
(a) An employee who provides the delivery Employer with proof that she has applied for and is eligible to receive maternity benefits under the provisions of the child, excluding Employment Insurance Act shall be paid an allowance for fifteen (15) weeks. The allowance shall be equivalent to the balance of difference between the semester in which the child is born. In no event, shall the return date for weekly EI benefits the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a nonis eligible to receive and seventy-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth five percent (75%) of her child solely on weekly rate of pay, less any other earnings received by the ground that there has not been employee during the benefit period which may result in a time lapse between decrease in the birth and her desired date of return. However, on or before March 1 of the school year in EI benefits to which the employee desires would have been eligible if no other earnings had been received during the period.
(b) An employee, other than an employee who has received an allowance under Article 28.08 (a), who provides the Employer with proof that he/she has applied for and is eligible to return from said maternity leave, receive parental benefits under the provisions of the Employment Insurance Act shall be paid an allowance for fifteen (15) weeks. The allowance shall be equivalent to the difference between the weekly EI benefits the employee shall indicate is eligible to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver receive and seventy-five percent (75%) of his/her weekly rate of pay, less any other earnings received by the employee of her right during the benefit period which may result in a decrease in the EI benefit to return from maternity leave that yearwhich the employee would have been eligible if no other earnings had been received during the period.
6. The time spent on maternity leave (c) If both parents are employees, the maximum entitlement period to either one or both parents shall not count toward fulfillment exceed fifteen (15) weeks.
(d) The weekly rate of pay for a part-time employee will be the average weekly salary earned in the twenty (20) week period prior to commencement of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityEI claim.
7. No (e) Where an employee shall becomes eligible for a salary increment or pay increase during the benefit period, payments under the Supplements to EI will be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancyincreased accordingly.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for Upon giving six weeks notice of her pregnancy and expected date of the baby’s birth, an employee who has completed her probationary period under Article is entitled to a leave of absence without pay. Upon request, such Maternity leave shall may be granted prior to the anticipated date of birth and continue for a reasonable period of time up to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradictedweeks, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician which may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty taken before or after the birth of her child solely on the ground that there has not been a time lapse between the birth baby, or partially before and her desired date of returnpartially after. However, on or before March 1 of the school year in which the The employee desires to return from said maternity leave, the employee shall indicate to the Board in writing must give two months notice that she intends to return to work work. Otherwise the following SeptemberEmployer will make reasonable efforts to contact the employee within the next two weeks to her intentions. Failure to so notify If the Board will be Employer cannot contact the employee, her employment is deemed to be a waiver by terminate on the date on which she should have notified the Employer. In the event that an employee on maternity leave decides not to return to work, and communicates this to the Employer two months prior to her previously agreed upon date of return, her employment shall on the date on which her leave expires or at any sooner date the employee of her right to return from maternity leave that year.
6wishes. The time spent An employee on maternity leave shall not count toward fulfillment remain a member of the time requirements for acquiring tenurebargaining unit, nor and shall it count toward placement on have all the salary guide or for seniority.
7. No benefits of this agreement except as follows: For the first seventeen (17) weeks of leave, the employee shall be removed from entitled only to the maternity leave benefits set forth in the Yukon Territory Employment Standards Act. After the first seventeen (17) weeks of leave, the balance of a maternity leave shall be without pay or benefits. Where a doctor’s certificate is provided indicating that the employee requires a longer period of maternity leave for health reasons, or where the employee’s newborn child is suffering serious medical problems, an extension of leave may be granted by the Employer subject to operational requirements. An employee may use sick credits she has earned in accordance with Article either before or after her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired maternity leave if she were is suffering from pregnancy-related disability. returning to continue workingwork, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render resume her previous position, or a binding opinion on the physical capacity to continue workingcomparable position. The expense Employer will make every reasonable effort to assign her to her previous position. An employee who is not entitled to maternity leave for the reason that she has not given six weeks notice as required by Clause may be granted an unpaid leave of any examination absence by the impartial third physician under this paragraph Employer subject to operational requirements. An employee who has been in the continuous service of the Employer (prior to the commencement of her maternity leave) for one year shall be shared equally by entitled to a cash payment equivalent to the employee and amount she receive in maternity benefits for a two week period from the BoardUnemployment Insurance Commission.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All A pregnant employees may apply for employee who elects to request Maternity Leave shall provide the Personnel Director with a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement medical certifi- cate from a physician confirming duly qualified medical practitioner stating the pregnancy and anticipated estimated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty Such certificate shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do provided not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two later than three months prior to the end estimated date of birth. Medical certificates are available from the office of the current leave, except when medical considerations occurring Personnel Director. In circumstances a pregnant employee shall terminate her or proceed on Maternity Leave two months before the expected date of birth. employee who desires to work during the last two necessitate extending months of pregnancy be to do so if her attending physician certifies in writing #at the leavehealth of will not be adversely affected. In any eventsuch case, the shall work under such conditions and for such period as shall be in writing her attending physician. No employee will shall be expected permitted to return no later than two (2) years from work during the six weeks following the date of the delivery of the child, excluding the balance of the semester in which the child is bornbirth. In no event, An employee who has been granted Maternity Leave shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of notify her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or Head at least four weeks before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following Septemberwork. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No An employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined entitled to Maternity Leave, without pay, from the time immediately prior date of separation from employment, but not for than a maximum period of six from the date of of Maternity Leave. employee who has been granted Maternity Leave and fails to contact the Department Head within five months from the commencement of Maternity Leave, so that convenient may be made for her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were return to continue working, and which physical capacity shall be deemed considered to exist if:
have permanently separated from Benefits shall continue for a of weeks' maternity leave (1) The pregnant employee fails or for an additional period of up to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and weeks if the employee shall render a binding opinion on is certified to be unable to return to work for medical related to the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by pregnancy) PROVIDED the employee and the Board.makes arrangements prior to
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply An employee's position will be held for the employee for a leave maximum of absence without paytwelve (12) continuous months when the employee takes Maternity Leave, Adoption Leave or Extended Parental Leave. Upon request, such leave an employee who has successfully completed their probationary period (minimum six (6) months) shall be granted prior entitled to maternity leave of absence for a period of up to six (6) months commencing on the anticipated date of the birth and continue for a reasonable period of time to a specific date following birth.
1the employees' child. Maternity leave shall may be granted subject to the following conditions:
a. comprised of and related periods. An employee shall notify give the Superintendent Board at least one (I)month's written notice of her pregnancy intention to take a maternity leave. Such notice shall be accompanied by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying certificate indicating that the employee is physically able to return to duty pregnant and giving the estimated date of birth. A maternity leave shall be furnished to commence on the Board before an date on which the employee is permitted unable to return from maternity leave.
2work as a consequence of her pregnancy. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the employee and the Board in no case 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two beyond six (6) months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of birth, Parental leave may be available pursuant to article Notwithstanding clause an employee may take up to twelve (12) weeks of maternity leave prior to the delivery estimated date of birth, This period of leave will be deducted from the period of maternity leave that would otherwise be available after the birth. Should an employee wish to continue participation in the benefit plans during maternity leave provided pursuant to clause the premiums shall continue to be shared between the Board and the employee pursuant to article and of this Agreement. Notice of the childintention to continue participation in the benefit plans must be provided to the Board at the same time the maternity leave is requested, excluding the balance Upon expiration of the semester in which leave provided pursuant to clause the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after reinstated in the birth position she occupied at the time maternity leave commenced, or be provided with alternative work of her child solely on a comparable nature, at no less than the ground salary and other benefits that there has not been a were applicable at the time lapse between the birth and her desired date maternity leave commenced. During the health-related period of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to accumulate sick leave and vacation time as per clauses and and increment entitlements as per During the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the non-health-related period of maternity leave, an employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count accumulate experience toward fulfillment the granting of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee increments and shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancyineligible for sick leave accumulation or allowance, promotion or vacation entitlement.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for A Pregnant employee who elects to request Maternity Leave shall provide the Personnel with a leave medical certificate from a duly qualified medical practitioner stating the estimated date of absence without paybirth. Upon request, such leave Such certificate shall be granted provided not later than three prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated estimated date of birth.
c. Exact dates . Medi- cal certificates are available from the office of the leave will Personnel Director. In circumstances a pregnant employee shall terminate her employment or proceed on Maternity Leave Go months before the expected date of birth. An who desires to work during the last two months of pregnancy may be arranged permitted to coincide with changes do so if her attending physician certifies in semesterwriting that the health of the employee w i l l not be adversely affected. Where medically contradictedIn such case, the parties employee shall arrange other leave dates in consideration work under such conditions and for such period as shall be specified n ti by her physician. No employee shall be permitted to during the six weeks the date of both medical evidence and administrative feasibility.
d. A statement from birth. An employee who has been granted Maternity Leave shall notify her Department Head a physician certifying that the employee is physically able t least four weeks before she intends to return to duty An shall be furnished entitled to Maternity Leave, without pay, from the date of separation from but not for more than a maximum period of six months from the date of commence- ment of Maternity Leave. An who has been granted Maternity Leave and fails to contact the Department Head within five from the com- of Maternity Leave, so that mutually convenient arrangements may be- made for her return to employment, shall be considered to have permanently separated from Effective July benefits shall continue uninterrupted for a maximum period of weeks' maternity leave (or for an additional period of up to weeks if the employee i s certified to be unable to return to work for medical reasons related to the Board before pregnancy) PROVIDED THAT the employee makes arrangements prior to commencing the leave to pay her share of the benefit premiums for that period. An employee who i s absent on Maternity Leave for a period longer than weeks (or the addi- tional weeks referenced above) and who wishes to continue benefit coverage shall prepay to the Employer the total cost of premiums for benefits to which she i s entitled for the addi- tional period of leave. An employee on Maternity Leave shall not be entitled to Sick Leave for any incapacity and disability arising from a normal del and subsequent convalescence. Subject to paragraph an employee is permitted on Maternity Leave who has notified Department Head of her intention to return from maternity leave.
2pursuant to paragraph and who subsequently suffers any illness which prevents her returning at she intended, whether or not such illness i s the pregnancy, shall be entitled to be paid ▇▇▇▇ Leave on the working day on which she would otherwise have returned to work. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable provided that has sufficient sick leave time at credits, and provided that she produces to the option of the employeePersonnel Director a Disability Certificate duly can- by her attending physician. In the event the employee’s physician combined Maternity Leave and Sick Leave exceed the school physician maximum period of six referred to in paragraph the Corporation w i l l not be required to comply with the normal for posting notices of temporary positions whose duration has exceeded six Effective July on resuming employment an shall be reinstated in her previous or a comparable position and for the purposes of pay increments, benefits, and vacation entitle - ment (but not for statutory holidays or sick leave) leave w i l l be counted as service. Vacation pay w i l l be pro- rated by the period of the Board of Education do not agree, then the employee leave 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected elect not to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth take that of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in vacation which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yeari s unpaid.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All A pregnant employees may apply employee who has completed her probationary period and makes a formal application for a leave of absence without pay. Upon requestat least 2 weeks prior to leaving, such leave or, who advises the Company in writing that she is unable to perform the normal duties of her job shall be granted prior a leave of absence without pay for not more than seventeen weeks. When the pregnancy leave ends, the employee may commence a Parental Leave of not more than eighteen weeks duration. A pregnant employee may be required by the Company to commence a pregnancy leave of absence at such time as she cannot, in the anticipated opinion of Occupational Health Services, perform the normal duties of her job. The Company may require at any time an employee entitled to a leave of absence pursuant to this section to provide certification from a qualified medical practitioner of her condition including the expected and actual date of birth her delivery. If at the conclusion of her leave, or in the event an employee wishes to terminate her leave early and continue for the employee presents the Company with the written opinion of a reasonable period of time qualified medical practitioner stating that she is able to a specific date following birth.
1perform her normal duties, she shall, if she has not been laid off or demoted while on such leave, be reinstated to her former position. Maternity leave If her position no longer exists or if the employee consents, she shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent provided with alternate work of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employeecomparable nature. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the that such 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends unable to return to work at the following Septemberconclusion of her pregnancy leave because of complications arising out of her pregnancy and delivery, she may be granted an extension of up to 3 months upon written request made to the Human Resources Department. Failure to so notify the Board Leave granted will be deemed to be a waiver by without pay but during the period of the leave the employee will continue to accrue credited service and seniority. An employee may apply through the Sickness and Accident Plan for sick benefits, upon receipt of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician medical documentation that she is medically able was unable to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity work due to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpregnancy or childbirth.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All 1. A professional employee who is pregnant employees shall be entitled, upon request, to a leave without pay to begin at any time between the commencement of the pregnancy and one (1) year after the termination of her pregnancy. Said professional employee shall notify the Superintendent, in writing, of her desire to take such leave and, except in case of emergency, shall give such notice at least thirty (30) days prior to the date on which her leave is to begin. She shall include with such notice either a physician's statement certifying her pregnancy or a copy of the birth certificate of her child, whichever is applicable. A professional employee who is pregnant may apply continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required functions. A professional employee may alternatively request maternity leave without pay for a two (2) school years provided that if the professional employee exercises this alternative she may not return during the two (2) year leave of absence without pay. Upon request, such leave the approval of the Superintendent of Schools whose decision shall be granted prior final; and provided further that the professional employee will be assigned to as nearly as comparable a position as possible and will not be assured of the anticipated date of birth and continue opportunity to return to her former position. An employee who exercises the option to request maternity leave without pay for two (2) school years may request maternity leave for a reasonable second pregnancy during the two year maternity leave to begin at the expiration of the two (2) year period, but no leave will be granted for this second pregnancy for a period longer than the disability period, for the purpose of time to a specific date following giving birth, in accordance with M.G.L. Chapter 151B, and Chapter 149, Section 105D. Maternity Leave for subsequent pregnancies shall not be affected by this paragraph.
12. Maternity A professional employee on maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of Schools as soon as possible of her pregnancy by intent to return during the end one (1) year period after the termination of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will shall be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able entitled to return to duty her former position unless such position has been eliminated in which case the professional employee shall be furnished assigned to as nearly as comparable a position as possible.
3. Unless a professional employee returns to duty on the Board before an expiration of the one (1) year period, her employment shall be terminated, unless the leave is extended using the procedure as provided in Section G of this Article.
4. Upon written application of a professional employee, a maternity leave may, at the discretion of the Superintendent, be extended or curtailed if unusual conditions exist.
5. A professional employee is permitted to return from who has been employed ninety-one (91) days of the school year will, upon her return, be given credit for a full year's work on the salary schedule; however, the professional employee will not earn sick leave while on maternity leave.
26. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no A professional employee shall be barred from returning entitled to duty after take paid sick leave to cover the birth period of her child solely the maternity leave during which she was actually physically disabled due to the pregnancy or the termination thereof, in accordance with the regulations issued by the Massachusetts Commission Against Discrimination under Massachusetts General Laws, Chapter 151B, Section 4, and Chapter 149, Section 105D. The inclusion of the Massachusetts Commission Against Discrimination regulations shall not act so as to create a six (6) month probationary period and/or to limit sick leave benefits to professional employees on the ground that there maternity leave of eight (8) weeks or less.
7. A professional employee who has not been a time lapse between the birth and her desired date of return. However, on or before March 1 worked 150 days of the school year in which the employee desires to return from said maternity leavewill, the employee shall indicate to the Board in writing that she intends to return to on her return, be given credit for a full year's work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for senioritylongevity schedule.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees (i) An employee must provide notice to the Employer in advance of the expected date of commencement of parental leave. The notice requirements are:
(1) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least 10 weeks;
(2) of the date on wh ch the employee proposes to commence maternity leave and the period of leave to be taken – at least 4 weeks.
(ii) Where the employee gives notice of their intention to take maternity leave, the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her partner, and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
(iii) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date or other compelling circumstances.
(iv) An employee may apply for a commence maternity leave of absence without pay. Upon request, such leave shall be granted at any time within six weeks immediately prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated expected date of birth.
c. Exact dates (v) Where an employee continues to work within the six week period immediately prio to the after the birth of the leave will be arranged to coincide with changes in semester. Where medically contradictedchild, the parties shall arrange Employer may require the employee to provide a me certificate stating that she is fit to work on her normal duties. ical
(vi) Special maternity leave
(1) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then th employee may take unpaid special maternity leave dates in consideration of both such periods as a registered medical evidence and administrative feasibilitypractitioner certifies as necessary.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before (2) Where an employee is permitted suffering from an i lness not related to return from the direct consequences of the confinement, an employee may take any paid personal leave to which she is entitled in lieu of, or in addition to, special maternity leave.
2. The disability period as certified jointly by the (3) Where an employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior suffers illness rellated to her pregnancy, she may take any paid personal leave to which she is then entitled and such further unpaid special maternity leave as a registered medical, practitioner certifies as necessary before her return to work. The ggregate of paid personal leave, special maternity leave and parental leave, including paternity leave taken by her spouse, may not exceed 52 weeks.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were (vii) Transfer to continue working, and which physical capacity shall be deemed to exist if:a safe job
(1) The Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee fails to produce a certification when requested by make it inadvisable for the Administration from her physician that she is medically able employee to continue workingat her present work, orthe employee will, if the Employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
(2) The Board's physician and If the employee's physician agree that she cantransfer to a safe job is not continue workingpracticable, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on may ellect, or the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by Employer may require the employee and the Boardto commence parental leave for such period as is certified necessary by a registered medical practitioner.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. All 16.01 Upon written request on the appropriate form by a pregnant employees may apply for a leave of absence without pay. Upon requestEmployee, such leave the University shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for grant maternity leave shall include a statement from a physician confirming consistent in timing and duration with the pregnancy and anticipated date Employment Standards Act of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2New Brunswick. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 application is to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from weeks prior to the date that the employee intends to begin their leave and should specify the duration of the leave. A medical certificate specifying the expected date of delivery is to be attached to the application.
16.02 A pregnant employee may wish to continue working up to the expected date of delivery and may do so, if in the child, excluding the balance opinion of the semester in which the child is born. In no event, shall the return date for their physician the employee is able to fulfill their normal job responsibilities. No pregnant employee will be other than allowed to work in an area that may be hazardous to their health or to that of their child. The employee may be transferred by the beginning of the semester, unless by written approval of the SuperintendentEmployer if appropriate alternate employment is available.
4. The leave of absence granted 16.03 An early return to work, following delivery, will require a non-tenured medical certificate indicating that the employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtainedmedically fit for work.
5. Except as provided above, no employee shall be barred from returning to duty after 16.04 Following the birth period of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee will normally return to their former position. If this is not possible,
16.05 A period of maternity leave may be extended by applying for an unpaid leave of absence under Article 18, Parental leave under Article 16A or by taking vacation time, if approved by the Employer. Such a request will not be unreasonably refused.
16.06 Upon completion of the initial probationary period of continuous employment, a female employee who provides the Employer with proof that they have applied for and are eligible to receive Employment Insurance benefits, shall indicate be paid a maternity leave allowance in accordance with a plan registered with the Canada Employment Insurance Commission as a Supplementary Unemployment Benefit Plan (S.U.B.).
16.07 Under the provisions of the S.U.B. plan, the Employee's salary will be maintained at 95% of their regular weekly earnings for a maximum of 17 weeks of maternity leave. This plan allows the Employer to make up the difference between the C.E.I.C. maternity leave benefits up to 95% of the Employee's regular weekly earnings. The Employee is required to apply for the C.E.I.C. maternity leave benefit and must be eligible for the benefit for this plan to apply (as specified in the appropriate sections of the Employment Insurance Regulations). Contributions to the Board pension and benefit plans shall continue on the part of the Employee and the University on the basis of 100% of salary. In any week, the total amount of S.U.B. employment insurance gross benefits and any other earnings received by the employee will not exceed 95 per cent of the employee's normal weekly earnings. The Employee will be asked to submit their benefit stub to verify receipt of E.I. benefits and other earnings.
16.08 Employees have no vested right to payments under the plan except to payments during a period of unemployment specified in writing that she intends the plan (57 (13(h) of the E.I. Regulations).
16.09 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
16.10 Employees must apply for and must be in receipt of employment insurance benefits to receive payments under the
16.11 An employee who receives a Maternity Leave Allowance is required to return to work at the following SeptemberUniversity for a period of time equivalent to the length of the leave. Failure to so notify In the Board will be deemed to be a waiver by event that the employee terminates employment prior to completion of her right this period of time they shall be required to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment reimburse the University the amount of the time requirements for acquiring tenure, nor shall it count toward placement Maternity Leave Allowance on the salary guide or for senioritya pro-rated basis.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All i) Upon written notification to the Human Resources Representative submitted not later than the 20th week of an employee's pregnancy, indicating therein the expected date of delivery as certified by the employee's attending physician, and upon written application of maternity leave filed with the Human Resources Representative not later than four (4) weeks in advance of the starting date of leave, a pregnant employees may apply for a leave of absence without pay. Upon request, such leave employee shall be granted prior maternity leave to the anticipated date of birth and continue for a reasonable maximum period of time to a specific date following birth.
1. Maternity leave shall be granted subject to seventeen (17) weeks before and/or after the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave delivery date, that shall include a statement from a physician confirming compulsory six (6) weeks after the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2delivery date. The disability maternity leave period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time commenced at an earlier date, at the option of the Employer, when in the latter's opinion the employee's ability to carry out her assignments becomes limited. Such option shall not be exercised in an arbitrary manner. Prior to going on maternity leave, sick leave with pay shall be granted for illness arising from complications associated with the employee's pregnancy provided that a medical certificate is submitted.
ii) Maternity leave will be without pay, and the employee will not be entitled to any benefits while on such leave, unless she arranges with the Employer the prepayment of her share of the benefit premiums in which she is participating. Seniority shall continue to accrue during the maternity leave and service for the purposes of future vacation entitlement and salary increments (anniversary date) shall not be affected by the leave. Paid holidays, sick leave and paid vacation, however, shall not accrue during the leave. Upon return to work from maternity leave, a regular part-time employee shall have the hours she would have earned for the purposes of seniority and future salary and vacation percentage increments restored. In so doing, the event Employer will utilize the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months last twelve (12) weeks worked prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected leave to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentdetermine average weekly hours.
4. The leave of absence granted a non-tenured iii) An employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment provide the Employer with 3 weeks’ notice of readiness to return to work, including a medical certificate attesting to her good health issued by her attending physician. The Employer will reinstate the time requirements for acquiring tenure, nor shall it count toward placement on employee in the salary guide or for seniority.
7. No employee shall be removed from same classification held by her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancytaking maternity leave and at the rate of pay she would have received had she never taken leave.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1iv) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
Employer will pay ninety-five percent (295%) The Board's physician and of the employee's physician agree that she cannot continue working, or
normal basic earnings (3Supplemental Unemployment Benefit) Following any difference for the first two weeks of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall maternity leave where an Employment Insurance waiting period must be shared equally by the employee and the Boardserved.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for Permanent female Employees shall advise the Employer in writing of a leave pregnancy. The rights of absence without pay. Upon request, such leave a female Employee shall include but not be granted prior limited to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.provisions:
1. Maternity leave The permanent female Employee shall be granted permitted to work her normal duties so long as such work is permitted by a doctor's certification. The female Employee's assignments shall be at the discretion of the Prosecutor. The doctor shall be a physician of the female Employee's own choosing. The Doctor's certification is subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy approval by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leaveCounty physician.
2. The disability In addition to the other provisions of this Article, the permanent female Employee shall be permitted to use accumulated sick time, compensatory time off and any other accumulated time benefits which she may have during the period as certified jointly by the employee of her pregnancy and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardperiod following childbirth.
3. An employee's return date to employment In addition, a female Employee with one (1) year or more of service shall be extended granted, on 30 days written notice, maternity leave without pay for a reasonable period up to twelve (12) months duration and shall be returned to work without loss of time at her request for reasons associated with pregnancy related disability. For prior seniority, or prior benefits, provided that she notifies the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return Prosecutor in writing no later than two after three (23) years from the date months of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work work. The total leave time, paid or unpaid, shall not exceed one (1) calendar year.
4. Medical benefits shall be maintained during all periods of compensated leave. Any other medical benefit extension shall be at the following Septemberfemale Employee's expense.
5. Failure Upon return to so notify active duty status, the Board will female Employee shall be deemed entitled to be a waiver by placed in the employee of her right to return from same title which she held before departing on maternity leave that yearleave.
6. The time spent on maternity leave This Article shall not count toward fulfillment be interpreted to deprive any Employee of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityany right provided by law.
7. No employee Notwithstanding the provisions of Article 8.3 (Sick Leave with Pay) a permanent female Employee covered by the terms of this Agreement shall be removed from her position during pregnancy except upon entitled to a-leave of absence without pay for child care purposes for a period, of one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.)
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All A pregnant employees may apply employee who has completed her probationary period and makes a formal application for a leave of absence without pay. Upon requestat least 2 weeks prior to leaving, such leave or, who advises the Company in writing that she is unable to perform the normal duties of her job shall be granted prior a leave of absence without pay for not more than seventeen weeks. When the pregnancy leave ends, the employee may commence a Parental Leave of not more than 35 weeks duration. A pregnant employee may be required by the Company to commence a pregnancy leave of absence at such time as she cannot, in the anticipated opinion of Occupational Health Services, perform the normal duties of her job. The Company may require at any time an employee entitled to a leave of absence pursuant to this section to provide certification from a qualified medical practitioner of her condition including the expected and actual date of birth her delivery. If at the conclusion of her leave, or in the event an employee wishes to terminate her leave early and continue for the employee presents the Company with the written opinion of a reasonable period of time qualified medical practitioner stating that she is able to a specific date following birth.
1perform her normal duties, she shall, if she has not been laid off or demoted while on such leave, be reinstated to her former position. Maternity leave If her position no longer exists or if the employee consents, she shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent provided with alternate work of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employeecomparable nature. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the that such 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends unable to return to work at the following Septemberconclusion of her pregnancy leave because of complications arising out of her pregnancy and delivery, she may be granted an extension of up to 3 months upon written request made to the Human Resources Department. Failure to so notify the Board Leave granted will be deemed to be a waiver by without pay but during the period of the leave the employee will continue to accrue credited service and seniority. An employee may apply through the Sickness and Accident Plan for sick benefits, upon receipt of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician medical documentation that she is medically able was unable to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity work due to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpregnancy or childbirth.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All a) The Employer shall not terminate the employment of an employee who has been an employee for (1) one year or longer because of the employee’s pregnancy. The Employer, before or after the commencement of the period referred to in Section (b) below, may require the employee to commence leave without pay at a time when the duties of the employee’s position cannot reasonably be performed by a pregnant employees may apply for woman or the performance of the employee’s work is materially affected by the pregnancy.
b) The Employer shall, at any time from a date (11) eleven weeks before the specified date of delivery to the date of actual delivery, upon request of a pregnant employee made through her supervisor and upon receipt by her supervisor of a certificate by a legally qualified medical practitioner stating that the employee is pregnant and specifying the date upon which delivery will occur in his/her opinion, grant to the employee a leave of absence without pay. Upon request, such leave shall be granted prior ;
i) of (17) seventeen weeks; or
ii) to the anticipated a date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to (7) seven weeks after the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.actual delivery; or
c. Exact dates of the leave will be arranged to coincide with changes in semesteriii) for any shorter period. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at At the option of the employee. In the event the employee’s physician , except that an employee shall not work and the school physician employer shall not cause or permit the employee to work for at least (7) seven weeks after the date of delivery or for a shorter period that, in the written opinion of a legally qualified medical practitioner is sufficient.
c) Where an employee reports for work upon the expiration of the Board of Education do not agreeperiod referred to in Section (b) above, then the employee and shall resume work in the Board shall mutually agree upon same position the appointment of an impartial third physician whose medical opinion shall be conclusive and binding on employee held prior to the issue of medical capacity to perform work duties. In the event commencement of the inability maternity leave or where the position is not available, in a comparable position with not less than the same wages.
d) While a regular employee is on maternity leave, the Employer shall maintain coverage for medical, Long Term Disability, group life and any other employee benefit plan providing the employee continues to cost share with the Employer in payment of the employee and premium costs for maintaining such coverage during the Board to agree upon the appointment period of the third physician, such appointment shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardmaternity leave.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. e) For the purpose of child careSection (a) above, an eligible employee may extend her unpaid leave through shall produce, when so requested by the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventEmployer, the employee will be expected certificate referred to return no later than two in Section (2b) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentabove.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely f) While on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the an employee shall indicate continue to accrue and accumulate service and seniority credits for the Board in writing that she intends to return to work the following September. Failure to so notify the Board will duration of her leave, and her service and seniority shall be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6continuous. The time spent on However, service accumulated during maternity leave shall not count toward fulfillment be used for the purposes of calculating vacation leave credits. During the time requirements for acquiring tenureyear in which maternity leave is taken, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference month of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph service shall be shared equally by credited to an employee who receives salary for a total of ten (10) days or more during each calendar month of the employee and the Boardmaternity leave granted under Article 20.10 (b).
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. (a) An employee shall notify be entitled to paid maternity leave as outlined below, which shall be reduced by any period of paid leave transferred to the Superintendent employee’s spouse or partner in accordance with sub-clause (b):
(i) 14 weeks’ paid maternity leave that shall be paid at the usual employment fraction of her pregnancy the employee (i.e. the rate of payment will not be varied due to any temporary changes in the employee’s service fraction that result from the employee’s pregnancy);
(ii) In addition to the initial 14 weeks’ paid maternity leave, employees shall be entitled to an additional 12 weeks’ maternity leave, paid at the usual employment fraction of the employee, which shall be paid on the basis of a commitment by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to work for a period of 52 weeks following the Board before an employee is permitted to return from period of maternity leave.
2leave taken. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event Should the employee’s physician and the school physician of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of current employment contract have an impartial third physician whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return end date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of this 52-week period, an entitlement to the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee additional 12 weeks’ maternity leave will be expected on the basis of a commitment given to return no later than two (2) years from the date of the delivery of the child, excluding work out the balance of the semester in current contract and to accept any offers of extension of employment which the child is born. In no event, shall the return date for would enable the employee to continue employment during the 52-week period. This amount shall be other than repayable on a pro rata basis in the beginning event that the employee resigns her employment, or does not accept an offer of the semesterextension of employment, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond with effect prior to the end of such 52-week period other than on account of illness or domestic or other pressing necessity (which is over and above expected domestic care responsibilities);
(b) Part or all of the contract school year employee’s paid maternity leave entitlement may be transferred to, and taken as paid partner’s leave by, the employee’s spouse or partner, provided that:
(i) the spouse or partner is also employed by the University and meets the eligibility requirements prescribed by Clause 55.1; and
(ii) by agreement with the employee, the spouse or partner will be the primary care-giver of the child for the period in which question; and
(iii) repayment by the leave is obtained.
5. Except spouse or partner on the same basis as provided above, no employee shall for by sub-clause (a)(ii) will be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which required where the employee desires to return from said takes a period of paid maternity leave, the employee shall indicate to the Board in writing that she intends to leave but does not return to work the following September. Failure to so notify the Board will be deemed to be for a waiver by the employee period of her right to return from maternity leave that year52 weeks thereafter.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Staff Agreement
Maternity Leave. All pregnant employees may apply An EOPA bargaining unit member after six (6) months of continuous employment with the Employer is eligible for Maternity Leave without pay for a leave period of absence without paytwo (2) years, to begin at any time during her pregnancy, provided the employee states her intent to return to work for the Employer. Upon requestmutual agreement, such leave shall be granted prior to the anticipated date said EOPA bargaining unit member could return at an earlier time. Should an EOPA bargaining unit member not take advantage of birth and continue for a reasonable Maternity Leave as provided, that period of time to a specific date following birth.
1. Maternity leave shall be granted subject to between the following conditions:
a. An employee shall notify day she leaves her duties, on her doctor’s advice, and the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee day she is physically able to return to duty shall her duties, on her doctor’s advice, will be furnished considered sick days and subject to the Board before provisions of Article 16. The EOPA member, while on leave, maintains seniority, insurance benefits, accumulated sick days to date and all other accrued rights and benefits provided in this Agreement. No employee will be required to terminate her professional duties solely because of pregnancy unless her physician certifies that she is unable to continue. The Employer has the right to require that a pregnant employee be examined by the Employer’s physician with respect to her ability to continue her duties. Thirty (30) days following the Employer’s receipt of written notice of an employee is permitted EOPA member’s intent to return from maternity leave.
2Maternity Leave, the EOPA bargaining unit member will be reinstated to her original job if it is vacant, or to an equivalent position for which she is qualified with equivalent pay, provided one is available, with no loss of seniority. The disability period as certified jointly by If the employee EOPA member’s original job is not vacant, and if there is no vacancy for which she is qualified in an equivalent position in the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agreesame salary classification, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee returning EOPA bargaining unit member will be expected to request extended leave placed in a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee lower salary classification but will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed continue to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on paid at the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately classification she held prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is Maternity Leave. At such that her health would be impaired if she were to continue working, and time as a position becomes available for which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue workingqualified in her original salary classification, or
(2) The Board's physician she will be offered that position and will assume the employee's physician agree that duties immediately. If she candoes not continue workingaccept the first position offered for which she is qualified in her original salary classification, or
(3) Following any difference of medical opinion between her compensation will become the Board's physician and salary for the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardclassification she occupies.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees (a) An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
(i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;
(ii) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.
(b) When the employee gives notice under 6.4.4(a)(i) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
(c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
(d) Subject to 6.4.3(a) and unless agreed otherwise between the employer and employee, an employee may apply for a commence parental leave of absence without pay. Upon request, such leave shall be granted at any time within six weeks immediately prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated expected date of birth.
c. Exact dates (e) Where an employee continues to work within the six week period immediately prior to the expected date of the leave will be arranged to coincide with changes in semester. Where medically contradictedbirth, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that or where the employee is physically able elects to return to duty shall be furnished work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
(f) Special maternity leave
(i) Where the Board before pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(ii) Where an employee is permitted suffering from an illness not related to return from the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
2(iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The disability period as certified jointly aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by the employee and the Board's physician a spouse, may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardexceed 52 weeks.
3. An employee's return date to employment shall be extended for a reasonable (g) Where leave is granted under 6.4.4(d), during the period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, leave an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureat any time, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion as agreed between the Board's physician and the employee's physician, a physician selected jointly by the Board employer and the employee shall render a binding opinion on provided that time does not exceed four weeks from the physical capacity to continue working. The expense of any examination recommencement date desired by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardemployee.
Appears in 1 contract
Sources: Workplace Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave Every employee who has six (6) months service with the Company is entitled to and shall be granted prior a Leave of Absence and the following rules shall apply for Maternity, Parental, Adoption, and Child Care Leaves:
(a) The Company shall not dismiss, suspend, lay-off, demote, discipline, nor deny promotion or training because the employee has applied for leave under these Clauses.
(b) No employee can be laid off while on leave under these Clauses. However, this shall not prevent the Company from laying-off active employees who are senior to him during his Leave of Absence under this Clause.
(c) Every employee who intends to take a Leave of Absence under these Clauses shall:
(i) give at least four (4) weeks notice in writing to the anticipated date Company unless there is a valid reason why such notice cannot be given;
(ii) inform the Company in writing of birth the length of leave intended to be taken.
(d) The Company must inform, in writing, every employee who takes leave under these Clauses of every employment bid, promotion, or training opportunity for which the employee is qualified. The employee must request this in writing and continue provide the Company with current contact information.
(e) Every employee who takes leave under these Clauses, is entitled to be reinstated at the position that the employee occupied when the leave commenced. If for a reasonable period of time to valid reason the Company cannot reinstate an employee in that position the Company shall reinstate the employee in a specific date following birth.
1. Maternity leave shall be granted comparable position with not less than the same wages, benefits, and same location, subject to the following conditions:provisions of Article 13.
a. An (f) The health and disability benefits and seniority of any employee who takes, or is required to take, a Leave of Absence from employment under this Article shall notify accumulate during the Superintendent of her pregnancy by the end entire period of the first trimesterleave.
b. A request (g) Where a monetary contribution is normally required of an employee for maternity leave shall include the employee to be entitled to a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged benefit referred to coincide with changes in semester. Where medically contradicted(f) above, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to responsible for and must pay on a monthly basis.
(h) For the Board before purposes of calculating the pension and health and disability benefit of an employee is permitted to return from maternity leave.
2. The disability period as certified jointly the monetary contribution required by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree(g) above, 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 employment on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will shall be deemed to be a waiver by the employee of her right to return from maternity leave that yearcontinuous with employment before his absence.
6. The time spent on maternity leave shall not count toward fulfillment (i) For the purposes of the time requirements for acquiring tenurecalculating benefits of an employee who takes or is required to take a Leave of Absence from employment under this Article, nor shall it count toward placement other than benefits referred to (f) above, employment on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior employee's return to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity work shall be deemed to exist if:be continuous with employment before his absence.
(1j) Where an employee is pregnant, that employee is entitled to and shall be granted a Leave of Absence of up to nineteen (19) weeks which leave may commence not earlier than eleven (11) weeks prior to the estimated date of her confinement and end not later than nineteen (19) weeks following the actual day of her confinement.
(k) In the case of a female employee applying for leave under this Clause she shall provide the Company with a medical certificate stating the expected confinement date.
(l) The pregnant Company shall not require an employee fails to produce take a certification when requested Leave of Absence because the employee is pregnant, however, if an employee is unable to perform an essential function of her job and no appropriate alternative job is available for the employee, that employee may be required by the Administration from Company to take the leave but the burden of providing this rests with the Company.
(m) If an employee is unable to work because of a pregnancy related or unrelated illness she shall be allowed to use her physician Sick Leave under this Agreement. This shall not be construed to mean that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardallowed Sick Leave while on Maternity or Child Care Leave.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave (a) An employee shall be granted unpaid pre- and post-partum leave to a maximum of fifty-two (52) weeks. Such leave may commence eleven (11) weeks prior to the anticipated week in which their predicted date of birth and continue for a reasonable period confinement occurs or at any time thereafter at the request of time to a specific date following birththe employee.
1. Maternity leave (b) Medical complications of pregnancy shall be granted subject to covered by sick leave provisions while the following conditions:employee remains at work.
a. (c) An employee shall notify not be dismissed on sole grounds of pregnancy.
(d) Where possible, it is incumbent upon the Superintendent employee to provide medical evidence of her the expected date of confinement at least nine (9) weeks in advance. It is also their responsibility to provide written medical evidence of health during pregnancy while still at work, if requested to do so by the end College.
(e) An employee is required to give at least one (1) month's advance notice, in writing, of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated commencement date of birth.
c. Exact dates maternity leave, unless prevented from doing so as a result of medical complications related to the leave will be arranged to coincide with changes in semesterpregnancy. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the An employee is physically able required to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Boardgive at least one (1) month's physician may be treated as compensable sick leave time at the option notice of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery their return to work. If an employee gives such notice and then becomes incapable of the childperforming their duties as evidenced by a medical certificate, excluding the balance of the semester in which the child is born. In no event, then a further five (5) days notice shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentgiven.
4. The leave (f) Prior to the commencement of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate meet with the College to arrange for continuation of benefits during the Board leave. The College shall continue its premium contributions for pension, medical, extended health, group life and dental plan insurance in writing that she intends to return accordance with the Employment Standards Act for the entire duration of the maternity leave. Vacation and sick leave benefits will only accrue for the duration of the maternity leave falling within the time limits prescribed in the said Act.
(g) If the employee returns to work immediately after the following September. Failure to so notify expiry of the Board will be deemed to be a waiver by the employee authorized absence period they shall retain their former classification without loss of her right to return from maternity leave that yearbenefits.
6. The time spent (h) Where an employee gives birth or the pregnancy is terminated before a request for leave is made under sub-section (e), the College shall, on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree request and on receipt of a certificate of a medical practitioner stating that she cannot continue workingthe employee has given birth or the pregnancy was terminated on a specified date, orgrant the employee leave of absence from work, without pay, for a period of six (6) consecutive weeks, or a shorter period the employee requests, commencing on the specified date and parts (f) and (g) of this Article shall apply.
(3i) Following any difference Employees taking maternity leave may opt for continuance of medical opinion between short and long term salary indemnity benefits by payment of the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardnecessary premiums.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a Employees shall be granted maternity leave of absence without pay. Upon request, such The duration of the maternity leave of absence before confinement and subsequent to confinement shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician Leave of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion shall absence for maternity may be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended taken for a reasonable period of time at her request for reasons associated with pregnancy related disabilityseventeen (17) weeks. For the purpose first twenty (20) days of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity such leave, the employee shall indicate be entitled to the Board benefits applicable to other leaves of absence. For the balance of the period, less the twenty (20) days, the employee shall be entitled to the maternity leave benefits set forth in writing that she intends the Employment Standards Act. The balance of a maternity leave shall be without pay or benefits. Pregnancy shall not constitute cause for dismissal. Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. Employees shall make every effort to give at least thirty (30) days’ notice prior to the commencement of maternity leave of absence without pay, and employees shall give at least fourteen (14) days’ notice of their intention to return to work prior to the following Septembertermination of the leave of absence. Failure If an employee is unable or incapable of performing her duties prior to so notify the Board will be deemed to be a waiver by commencement of the maternity leave of absence without pay, the employee may be required to take unpaid leave of her right to return from maternity leave that year.
6absence. The time spent on maternity leave shall not count toward fulfillment of Employer may require the time requirements for acquiring tenure, nor shall it count toward placement on employee to provide a doctor’s certificate indicating the salary guide or for seniority.
7. No employee shall be removed from her position employee’s general condition during pregnancy except upon one along with the expected date of the following:
a. The Board has found her performance has substantially declined from the time immediately prior confinement. Upon return to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingwork, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on continue her former position without loss of perquisites accumulated up to the physical capacity date of commencement of the maternity leave of absence without pay and subject to continue working. The expense the provisions of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the BoardArticle 36.03.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply
8.2.1 The Board shall provide leaves of absence from duty for a any female unit member who is required to be absent from duties because of pregnancy, miscarriage, childbirth, or recovery therefrom. The length of the leave of absence absence, including the date on which the leave shall commence and the date on which the unit member shall resume duties, shall be determined by the unit member and the unit member's physician.
8.2.2 Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom, are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with the employment by the District.
8.2.3 The female unit member and her physician shall determine as far in advance of the anticipated date of childbirth as is feasible the date on which her pregnancy will disable her from the performance of her duties and report that date to the Human Resources Department. Similarly, the unit member and her physician shall determine and report the date on which she is likely to be physically capable of performing her duties following the termination of the pregnancy. The anticipated beginning and ending date of disability may be revised by the unit member and her physician to conform with the actual dates of disability.
8.2.4 Maternity leave, without pay. Upon request, such leave shall be granted to female unit members in accordance with the following provisions:
8.2.4.1 The female unit member shall submit a written request to the Assistant Superintendent for Human Resources thirty (30) days prior to the anticipated date commencement of birth and continue for a reasonable period of time to a specific date following birth.
1her maternity leave. Maternity leave Such request shall be granted subject to include the following conditionsinformation:
a. An employee shall notify The approximate date on which the Superintendent of her pregnancy by the end leave is to begin; b.The duration of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning 8.2.4.2 Return to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearwithout pay shall be governed by the same provisions which govern return to duty from all other leaves without pay.
6. The time spent 8.2.4.3 While on maternity leave without pay, a unit member shall not count toward fulfillment of have the time requirements for acquiring tenure, nor shall it count toward placement on option to remain an active participant in the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of District's fringe benefit program by contributing thereto the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health amount which would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested have been contributed by the Administration from her physician that she is medically able to continue working, or
(2) The Boardschool District in the unit member's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardbehalf during active employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All (a) An employee who becomes pregnant employees may apply for shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave or her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby’s due date.
(i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave of absence without pay. Upon requestThis leave may begin at any time within seventeen (17) weeks of the baby’s due date, and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired.
(ii) Notwithstanding sub-clause (b) i):
1. where the employee has not yet proceeded on maternity leave without pay and the new newborn child is hospitalized, or
2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks;
3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(c) The Employer may:
(i) upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) have expired;
(ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy;
(iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
(d) Leave granted under this clause shall be counted in the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be granted prior counted for seniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans.
i) An employee who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of the Employment Insurance Act or Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits.
ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan.
iii) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan.
(f) An applicant under sub-clause (e) of this clause shall sign an agreement with the Employer providing:
i) that she will return to work and remain in the Employer's employ for a period equal to the anticipated period she was in receipt of maternity allowance;
ii) that she will return to work on the date of birth and continue the expiry of her maternity leave, unless this date is modified with the Employer's consent.
i) Should the employee fail to return to work in accordance with the provisions of sub-clause (f) i), or should she return to work but fail to work for a reasonable the total period specified in provisions of time sub-clause (f) i), she will be indebted to a specific date the Employer for an amount determined as follows: (Allowance received) X (remaining period to be worked following birth.her return to work) total period to be worked as specified in (f) i)
ii) the repayment provided for in 17.04 (g) i) will not apply in situation of:
1. Maternity leave shall be granted subject death,
2. lay off,
3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause (f) i),
4. the end of a specified period of employment, if the employee is rehired by the Employer within six (6) months following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes obligations specified in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two sub-clause (2f) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue workingi), or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant (The clause is applicable to part-time employees may apply for a only) leave of absence without pay. Upon request, such leave shall will be 'granted prior to in accordance with the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end provision of the first trimester.
b. A request Employment Standards Act except where amended this provision. The service requirement for eligibility for maternity leave shall include a statement from a physician confirming be months of continuous service. The employee shall give written notification one month prior to the pregnancy and anticipated date of birth.
c. Exact dates commencement of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her certificate as to pregnancy and expected date of delivery. An employee on maternity leave as provided under this agreement who is in receipt of Unemployment pregnancy benefits pursuant to Section shall be paid a supplemental unemployment benefit. That benefit will be arranged equivalent to coincide with changes in semesterthe difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Where medically contradictedshall commence -completion of the two unemployment insurance waiting period, and receipt by the parties Hospital of the employee's Unemployment Insurance cheque stub as that she receipt of Unemployment Insurance pregnancy benefits, and shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that continue while the employee is physically able to return to duty in receipt of such benefits for a maximum period of (15) weeks. The regular weekly earnings shall be furnished determined by her regular hourly rate on her last day worked prior to the Board before an The employee is permitted has the right to return from extend the maternity leave.
2leave to six (6) total. The disability period as certified jointly Written notice by the employee and to extend the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than given at least two (2) years weeks prior to the termination of the initially approved leave. This notice requirement will be shortened in circumstances where medical complications occur the two (2) weeks prior to the termination of the initially approved leave. Effective October credits for service shall accumulate while an employee is on maternity leave for the initial seventeen (17) weeks from the date commencement of the delivery leave on the basis of what the childemployee's normal regular hours of work would have been. When a maternity leave is granted by the Hospital, excluding an employee who granted such leave shall not lose her seniority and shall accumulate seniority on the balance basis of what her normal regular hours of work would have been. The employee shall her intention to return to work on the semester in which date originally provided to the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless Hospital above by written approval of notification to be received by the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond Hospital at least two weeks Subject to any changes to the end of the contract school year in status which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has would have occurred had she not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate be reinstated to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureformer duties, nor shall it count toward placement on the salary guide or for seniority.
7same shift the same department, and at the same rate of pay. No an employee with at least twelve months of continuous service qualifies to adopt a child, such employee shall be removed from her position during pregnancy except entitled to a leave of absence without pay for a period of up to three (3) months duration or such greater time as may be required up to a maximum aggregate six (6) months. Such employee shall advise the Hospital as far in advance a5 possible of having qualified to adopt a child, and shall request the leave of absence in writing upon one receipt of of the following:
a. pending adoption. If because of late receipt of confirmation of the pending adoption the employee find it impossible to request the leave of absence writing, the request may be made verbally and subsequently verified in writing. Effective on by the Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, and effective October an employee on leave as set out above who is in receipt of Unemployment Insurance adoption benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit be equivalent to the difference between per cent (75%) of her regular weekly and the sum of her weekly Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance period, and receipt by the Hospital of the Unemployment receipt of Unemployment Insurance adoption benefits, and shall continue while the employee in receipt of such benefits for a maximum period of fifteen (15) weeks. The Board has found employee's regular weekly earnings shall be determined by multiplying her performance has substantially declined regular hourly rate on her last day worked prior to the of the leave times her normal weekly hours. It understood that during an exceeding thirty (30) continuous calendar credit for service for purposes of increment, vacation, sick leave, or any other benefits under any provisions of the collective agreement or elsewhere shall be suspended, the pro rata basis and the anniversary date adjusted by the entire period of the absence. In addition, the employee will become responsible for full payment of subsidized employee benefits which is participating for the period of the absence. shall accumulate for the initial seventeen (17) weeks from the of the leave while an employee is on leave. However, credit for shall not be suspended but shall accumulate during such leave. Effective October the Hospital will continue to pay its share of the premiums of the subsidized employee benefits which the employee is participating €or the initial seventeen (17) weeks from the commencement of the leave while the employee is on adoption leave. After seventeen (17) weeks and subject to the provisions of the master policies governing such plans, employees. desiring to maintain- such protection through the Employer shall be entitled to remit to the Employer such full as fall due during the leave so as to insure continued coverage. Subject to any changes to the status which would have occurred had she not been on ' adoption leave, the employee shall be reinstated to her duties, on the same shift the same department, at the same rate of pay. Where an employee with at least twelve (12) months of continuous service qualifies to adopt a child, such employee shall be entitled to a leave of absence without pay for a period of up to .three (3) months duration or such greater. time immediately as may be required up to a maximum aggregate of six (6) months. Such employee shall advise the Hospital as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption. If because of late receipt of confirmation of the pending adoption the employee find it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified writing. Effective on confirmation by the Unemployment Insurance Commission of the appropriateness of the Supplemental Unemployment Benefit (SUB) plan, and effective October an employee on leave as set out above who is in receipt of Unemployment Insurance adoption benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the Unemployment Insurance cheque stub as proof that she receipt of Unemployment Insurance adoption benefits for a maximum period of fifteen (15) weeks. The regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the of the leave times her pregnancy.
b. Her physical and/or emotional condition or capacity normal Effective October credits for service shall accumulate while an employee is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
on adoption leave for the initial seventeen (117) The pregnant employee fails to produce a certification when requested by weeks from the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and commencement of the leave on the basis of what the employee's physician agree that she cannot continue working, or
(3) Following normal regular hours of work would have been. regular hours of work would have been. Subject to any difference of medical opinion between the Board's physician and changes to the employee's physicianstatus which have occurred had she not been on adoption leave, a physician selected jointly by the Board and the employee shall render a binding opinion be reinstated to her former duties, on the physical capacity to continue working. The expense same shift in the same department, at the same rate of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpay.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a a. Maternity leave is defined as that period of absence without pay. Upon request, such leave shall be released time granted to the employee as requested prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of after the delivery of the child, excluding the balance of the semester in which the child is born. In no event, Such leave shall the return date not last more than twelve (12) months except when two (2) ▇▇▇▇▇▇▇ can be included.
b. The employee qualifies for sick leave benefits for the time that the employee’s medical practitioner verifies that the employee be other than the beginning is ill and/or disabled as a direct result of the semester, unless by written approval of the Superintendentpregnancy.
4. The c. Maternity leave of absence granted a non-shall be given any certificated female employee on probationary or tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtainedstatus.
5. Except as provided above, no d. The employee shall be barred from returning to duty after notify the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or District at least fifteen (15) days before March 1 of the school year in which the employee desires they wish to return from said their maternity leave.
e. When a maternity leave exceeding three (3) months is granted, the employee shall indicate be transferred to an unassigned status, thus ensuring the Board employee reinstatement as in writing that she intends all other leaves.
f. If an employee wishes to return to work duty before the following September. Failure previously agreed to so notify leave period is scheduled to end, the Board will be deemed District shall grant such a request if an opening is available according to the employee’s qualifications.
g. An employee who has exhausted all available sick leave and/or her 7 days of personal necessity leave under 6.d, below, and continues to be absent on account of maternity leave shall be entitled to receive no less than the difference between her salary rate and the compensation paid to her replacement for a waiver period of up to 12 school weeks. If the District makes every reasonable effort to secure a substitute and is unsuccessful, the rate that would have been paid to the substitute may be deducted from the absent employee’s wages. In neither case shall an employee receive less than fifty dollars ($50.00) per day. The 12-week period of entitlement to differential pay shall be reduced by any period of sick leave taken during the maternity leave. An employee shall be entitled to this period of differential pay for reason of the birth of a child or the placement of a child with the employee in connection with the adoption or ▇▇▇▇▇▇ care of the child by the employee regardless of her right whether the employee is disabled by pregnancy. In order to return from be eligible for paid maternity leave the employee ’s absence must be continuous to the birth or placement of a child with the employee for adoption or ▇▇▇▇▇▇ care. Employees who are otherwise eligible for FMLA/CFRA leave are entitled to use unpaid leave for the reason of the birth or the placement of a child with the employee for adoption or ▇▇▇▇▇▇ care up to one year from the birth or placement without the requirement that yearthe leave be continuous in accordance with District policies.
6h. Regular sick leave shall be available for an employee in case of illness that is a direct result of a pregnancy. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancyfollow procedures established in Section 1 titled “Sick Leave”.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply 8.2.1 The Board shall provide leaves of absence from duty for a any female unit member who is required to be absent from duties because of pregnancy, miscarriage, childbirth, or recovery therefrom. The length of the leave of absence absence, including the date on which the leave shall commence and the date on which the unit member shall resume duties, shall be determined by the unit member and the unit member's physician.
8.2.2 Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom, are, for all job related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with the employment by the District.
8.2.3 The female unit member and her physician shall determine as far in advance of the anticipated date of childbirth as is feasible the date on which her pregnancy will disable her from the performance of her duties and report that date to the Human Resources Department. Similarly, the unit member and her physician shall determine and report the date on which she is likely to be physically capable of performing her duties following the termination of the pregnancy. The anticipated beginning and ending date of disability may be revised by the unit member and her physician to conform with the actual dates of disability.
8.2.4 Maternity leave, without pay. Upon request, such leave shall be granted to female unit members in accordance with the following provisions:
8.2.4.1 The female unit member shall submit a written request to the Assistant Superintendent for Human Resources thirty (30) days prior to the anticipated date commencement of birth and continue for a reasonable period of time to a specific date following birth.
1her maternity leave. Maternity leave Such request shall be granted subject to include the following conditionsinformation:
a. An employee shall notify The approximate date on which the Superintendent of her pregnancy by the end leave is to begin; b.The duration of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning 8.2.4.2 Return to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearwithout pay shall be governed by the same provisions which govern return to duty from all other leaves without pay.
6. The time spent 8.2.4.3 While on maternity leave without pay, a unit member shall not count toward fulfillment of have the time requirements for acquiring tenure, nor shall it count toward placement on option to remain an active participant in the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of District's fringe benefit program by contributing thereto the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health amount which would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested have been contributed by the Administration from her physician that she is medically able to continue working, or
(2) The Boardschool District in the unit member's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardbehalf during active employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a leave An employee who has had thirteen (13) weeks of absence without pay. Upon request, such leave shall be granted continuous service immediately prior to the anticipated expected date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave delivery shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request eligible for maternity leave shall include of up to thirty-five (35) weeks in duration. An employee must notify the employer in writing that she will be requesting maternity leave. The request must be accompanied by a statement certificate from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradictedlegally qualified medical practitioner, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying stating that the employee named therein is physically able to return to duty shall be furnished to pregnant and specifying the Board before an employee date on which delivery is permitted to return from maternity leave.
2expected. The disability period As soon as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agreepossible, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return but no later than two (2) years from weeks prior to the expected date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board specify in writing the date of commencement of the leave and the length of time requested. In accordance with the Human Rights Code, the Hospital will make every reasonable effort to accommodate the needs of the pregnant employee. It is understood that during the maternity leave credits for service for the purpose of seniority, salary increments, vacation, sick leave or any other benefit under any provisions of the Collective Agreement or otherwise shall continue to accumulate during the leave. in the case of a part-time employee, such service shall on the basis of what the employee's regular hours of work would have been had she intends not been on maternity leave. In addition, the Hospital shall continue to pay its share of benefits provided under the Collective Agreement during the period of maternity leave to a maximum of (35) weeks. When the employee returns to work upon expiration of authorized leave, she shall be entitled to return to work her former position in her Department with the following Septembersame classification. Failure to so notify the Board will be deemed to be a waiver by the An employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall who does not count toward fulfillment intend to return to the employ of the time requirements for acquiring tenureHospital should give the Hospital thirty (30) days notice in writing prior to the completion of the period of maternity leave. Subject to confirmation by the Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, nor an employee who is on maternity leave as provided under this agreement who is in receipt of unemployment insurance maternity benefits pursuant to Section or of the Unemployment Insurance Act as amended, shall it count toward placement on be paid a supplemental unemployment benefit. That benefit will be equivalent to the salary guide or for seniority.
7difference between percent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. No The employee shall be removed from provide the Hospital with her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician Unemployment Insurance cheque stub as proof that she is medically able to in receipt of maternity benefits and shall continue working, or
while the employee is in receipt of such benefits for a maximum period of twenty- five (2) 25)weeks. The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly regular weekly earnings shall be determined by the Board and the employee shall render a binding opinion multiplying her regular hourly rate on the physical capacity last day worked prior to continue working. The expense the commencement of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardleave times her normal hours.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All
16.01 Upon written request on the appropriate form by a pregnant employees may apply for a leave of absence without pay. Upon requestEmployee, such leave the University shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for grant maternity leave shall include a statement from a physician confirming consistent in timing and duration with the pregnancy and anticipated date Employment Standards Act of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2New Brunswick. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 application is to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from weeks prior to the date that the employee intends to begin their leave and should specify the duration of the leave. A medical certificate specifying the expected date of delivery is to be attached to the application.
16.02 A pregnant employee may wish to continue working up to the expected date of delivery and may do so, if in the child, excluding the balance opinion of the semester in which the child is born. In no event, shall the return date for their physician the employee is able to fulfill their normal job responsibilities. No pregnant employee will be other than allowed to work in an area that may be hazardous to their health or to that of their child. The employee may be transferred by the beginning of the semester, unless by written approval of the SuperintendentEmployer if appropriate alternate employment is available.
4. The leave of absence granted 16.03 An early return to work, following delivery, will require a non-tenured medical certificate indicating that the employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtainedmedically fit for work.
5. Except as provided above, no employee shall be barred from returning to duty after 16.04 Following the birth period of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee will normally return to their former position. If this is not possible,
16.05 A period of maternity leave may be extended by applying for an unpaid leave of absence under Article 18, Parental leave under Article 16A or by taking vacation time, if approved by the Employer. Such a request will not be unreasonably refused.
16.06 Upon completion of the initial probationary period of continuous employment, a female employee who provides the Employer with proof that they have applied for and are eligible to receive Employment Insurance benefits, shall indicate be paid a maternity leave allowance in accordance with a plan registered with the Canada Employment Insurance Commission as a Supplementary Unemployment Benefit Plan (S.U.B.).
16.07 Under the provisions of the S.U.B. plan, the Employee's salary will be maintained at 95% of their regular weekly earnings for a maximum of 17 weeks of maternity leave. This plan allows the Employer to make up the difference between the C.E.I.C. maternity leave benefits up to 95% of the Employee's regular weekly earnings. The Employee is required to apply for the C.E.I.C. maternity leave benefit and must be eligible for the benefit for this plan to apply (as specified in the appropriate sections of the Employment Insurance Regulations). Contributions to the Board pension and benefit plans shall continue on the part of the Employee and the University on the basis of 100% of salary. In any week, the total amount of S.U.B. employment insurance gross benefits and any other earnings received by the employee will not exceed 95 per cent of the employee's normal weekly earnings. The Employee will be asked to submit their benefit stub to verify receipt of E.I. benefits and other earnings.
16.08 Employees have no vested right to payments under the plan except to payments during a period of unemployment specified in writing that she intends the plan (57 (13(h) of the E.I. Regulations).
16.09 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
16.10 Employees must apply for and must be in receipt of employment insurance benefits to receive payments under the
16.11 An employee who receives a Maternity Leave Allowance is required to return to work at the following SeptemberUniversity for a period of time equivalent to the length of the leave. Failure to so notify In the Board will be deemed to be a waiver by event that the employee terminates employment prior to completion of her right this period of time they shall be required to return from maternity leave that yearreimburse the University the amount of the Maternity Leave Allowance on a pro-rated basis.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement 16A.01 Upon request on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:appropriate form by an Employee
(1a) The pregnant employee fails to produce who is the biological parent of a certification when requested by the Administration from her physician that she is medically able to continue workingnewborn or unborn child, or
(2b) The Board's physician who is adopting or has adopted a child, the University shall grant parental leave consistent in timing and duration with the Employment Standards Act of New Brunswick. Subject to the Act, such leave may be taken wholly by one, or shared by two, employed parent(s). Where an Employee takes parental leave in addition to maternity leave pursuant to Article 16, the Employee must commence the parental leave immediately on the expiry of maternity leave, unless the University and the employee's physician Employee agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue workingotherwise. The expense of any examination by the impartial third physician under this paragraph shall be shared equally Parental leave by the employee must be taken in one consecutive time period and not split up.
16A.02 The Employee will advise the University in writing of the expected date of delivery/adoption and of their intention to take parental leave including the anticipated commencement date and duration of such leave as early as possible. It is recognized that there may be very little notice provided by an adoption agency; however, it is expected that the Employee will provide as much notice to the Department as is possible as to the length of the parental leave and the Boarddate that the leave will begin.
16A.03 Upon completion of the initial probationary period of continuous employment, an employee who provides the Employer with proof that they have applied for and are eligible to receive Employment Insurance benefits, shall be paid parental leave allowance in accordance with the Supplementary Unemployment Benefit Plan (S.U.B.). The Employee's salary will be maintained at 95% of regular weekly earnings for up to a period of up to a maximum of 37 weeks parental leave in accordance with the terms of the Supplementary Unemployment Benefit Plan (S.U.B.). This plan allows the Employer to make up the difference between the E.I.C. parental leave benefits and 95% of the Employee's regular weekly earnings. The Employee is required to apply for the E.I.C. parental leave benefit and must be eligible for the benefit for this plan to apply. Contributions to the pension and benefit plans shall continue on the part of the Employee and the University on the basis of 100% of salary. In any week for which S.U.B. is payable, the total amount of S.U.B. unemployment insurance gross benefits and any other earnings received by the employee will not exceed 95 per cent of the Employee's normal weekly earnings. The Employee will be asked to submit their benefit stub to verify receipt of E.I. benefits and other earnings. For an employee who takes both maternity and parental leave, the combined maximum leave period for the S.U.B plan top up shall be 52 weeks.
16A.04 Employees have no vested right to payments under the plan except to payments during a period of unemployment specified in the plan (57 (13(h) of the E.I. Regulations).
16A.05 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
16A.06 Employees must apply for and must be in receipt of employment insurance benefits to receive payments under the plan.
16A.07 An employee who receives a Parental Leave Allowance is required to return to work at the University for a period of time equivalent to the length of the leave. In the event that the employee terminates employment prior to completion of this period of time, they shall be required to reimburse the University the amount of the Parental Leave Allowance on a pro-rated basis.
16A.08 Following the period of parental leave, the employee will return to their former position. If this is not possible, they will be placed in an equivalent level of position.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior Teachers are entitled to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1maternity leave. Maternity leave shall be granted subject to under conditions as specified below.
(a) The maternity leave will begin at the following conditions:
a. An employee shall discretion of the teacher. The teacher shall, when possible, notify the Superintendent Board of her pregnancy by the end leave requirements three (3) months in advance of the first trimesterday of leave and begin at the natural breaks in the school year.
b. A (b) The Board may request for maternity leave shall include a statement from a physician confirming indicating the pregnancy and anticipated approximate date of birthdelivery.
c. Exact dates i) For the purposes of this leave medical certification of proof of pregnancy, birth and requirement for sick leave may be provided by a doctor or a midwife.
(c) Maternity leave shall be without pay except as provided in 6.3 (f).
(d) The teacher may terminate the leave at any time up to one (1) year following the date of delivery, or at a later date which is satisfactory to both parties. The expected leave return date shall be indicated at the commencement of the leave will leave. When possible, return to work shall be arranged to coincide with changes at natural breaks in semester. Where medically contradictedthe school year.
(e) In any event, the parties teacher shall arrange other leave dates give the Board no less than 30 calendar days notice, in consideration writing, of both medical evidence and administrative feasibilitythe intended return date.
d. A statement from (f) When a physician certifying that teacher on continuous contract is unable to attend work and perform duties for reasons associated with her pregnancy, the employee is physically able teacher shall be eligible for one of the following options:
i) if the absence begins prior to 10 weeks before the estimated date of delivery and continues without return to duty work, the teacher shall be furnished placed on sick leave until such point as the teacher is eligible to apply for Extended Disability Benefit (EDB).
ii) if the Board absence begins within the 10 week period before an employee is permitted the estimated date of delivery, or on the date of delivery, the teacher shall choose either iii) (a) or (b) below. Such choice shall apply until the teacher returns to return work following delivery or until the teacher returns to work from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the employee and (a) the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion implement and maintain a Supplemental Unemployment Benefit (SUB) Plan which shall be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent provide teachers on maternity leave with 95 percent of their weekly salary under the SUB Plan during 17 weeks of leave. The Board shall not count toward fulfillment pay the portion of the time requirements teacher's benefit plan premiums specified in clause 7.1 of the Collective Agreement for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority17 week period.
7. No employee (b) notwithstanding clause 6.5 (d) ii), the teacher may access sick leave entitlement with pay as specified in clause 6.5 of the Collective Agreement for the period of sickness or disability.
i) For teachers on continuous contract whose maternity leave extends over the summer break, the Board shall pay its portion of the benefit premiums, as per article 7.1, on a pro-rated basis for July and August.
ii) The formula for pro-rating the above Board contributions shall be removed from her position as follows: (days taught plus days on paid leave during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancycurrent school year) divided by 200 days.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may Every employee who has six (6) months service with the Company is entitled to, and shall be granted, a Leave of Absence and the following rules shall apply for Maternity, Parental, Adoption and Child Care Leaves:
(a) The Company shall not dismiss, suspend, lay- off, demote, discipline, nor deny promotion or training because the employee has applied for Leave under these clauses.
(b) No employee can be laid off while on Leave under these Clauses. However, this shall not prevent the Company from laying-off active employees who are senior to him during his Leave of Absence under this Clause.
(c) Every employee who intends to take a leave Leave of absence without pay. Upon request, such leave shall be granted prior Absence under these clauses shall:
(i) Give at least four (4) weeks notice in writing to the anticipated date of birth and continue for Company unless there is a reasonable period of time to a specific date following birthvalid reason why such notice cannot be given.
1. Maternity leave shall be granted subject to (ii) Inform the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end Company in writing of the first trimesterlength of Leave intended to be taken.
b. A (d) The Company must inform, in writing, every employee who takes Leave under these Clauses of every employment bid, promotion, or training opportunity for which the employee is qualified. The employee must request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birththis in writing.
c. Exact dates of (e) Every employee who takes Leave under these Clauses is entitled to be reinstated at the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying position that the employee is physically able to return to duty shall be furnished to occupied when the Board before Leave commenced. If for a valid reason the Company cannot reinstate an employee is permitted to return from maternity leavein that position the Company shall reinstate the employee in a comparable position with not less than the same wages, benefits, and same location or awarded a position as per (d) above.
2. (f) The RRSP, health and disability benefits, and seniority of any employee who takes, or is required to take, a Leave of Absence from employment under this Article shall accumulate during the entire period as certified jointly by of the Leave.
(g) Where a monetary contribution is normally required of an employee for the employee and the Board's physician may to be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agreeentitled to a benefit referred to in (f) above, then the employee is responsible for and must pay on a monthly basis.
(h) For the Board shall mutually agree upon purposes of calculating the appointment Pension, Health and Disability Benefit of an impartial third physician whose medical opinion shall be conclusive and binding employee, the monetary contribution required by (g) above, employment on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will shall be deemed to be a waiver by the employee of her right to return from maternity leave that yearcontinuous with employment before his absence.
6. The time spent on maternity leave shall not count toward fulfillment (i) For the purposes of the time requirements for acquiring tenurecalculating benefits of an employee who takes or is required to take a Leave of Absence from employment under this Article, nor shall it count toward placement other than benefits referred to (f) above, employment on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior employee's return to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity work shall be deemed to exist if:be continuous with employment before his absence.
(1j) Where an employee is pregnant, that employee is entitled to, and shall be granted, a Leave of Absence of up to nineteen (19) weeks which Leave may commence not earlier than eleven (11) weeks prior to the estimated date of her confinement and end not later than nineteen (19) weeks following the actual day of her confinement.
(k) In the case of a female employee applying for Leave under this Clause, she shall provide the Company with a medical certificate stating the expected confinement date.
(l) The pregnant Company shall not require an employee fails to produce take a certification when requested Leave of Absence because the employee is pregnant, however, if an employee is unable to perform an essential function of her job and no appropriate alternative job is available for the employee, that employee may be required by the Administration from Company to take the Leave but the burden of providing this rests with the Company.
(m) If an employee is unable to work because of a pregnancy related or unrelated illness she shall be allowed to use her physician Sick Leave under this Agreement. This shall not be construed to mean that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardallowed Sick Leave while on Maternity or Child Care Leave.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees a) An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
i. of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;
ii. of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.
b) When the employee gives notice under 38.5
(a) the employee must also provide a statutory declaration stating the particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
d) Subject to clause 38.2 and unless agreed otherwise between the employer and employee, an employee may apply for a commence parental leave of absence without pay. Upon request, such leave shall be granted at any time within six weeks immediately prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated expected date of birth.
c. Exact dates e) Where an employee continues to work within the six week period immediately prior to the expected date of the leave will be arranged to coincide with changes in semester. Where medically contradictedbirth, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that or where the employee is physically able elects to return to duty shall be furnished to work within six weeks after the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery birth of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for an employer may require the employee be other than the beginning of the semester, unless by written approval of the Superintendentto provide a medical certificate stating that she is fit to work on her normal duties.
4. The leave f) Where the pregnancy of absence granted a non-tenured an employee hereunder may not be extended beyond terminates after 28 weeks and the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said commenced maternity leave, the employee shall indicate may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the Board direct consequences of the birth, an employee may be entitled to paid sick leave in writing that she intends to lieu of, or in addition to, special maternity leave.
g) Where leave is granted under clause 38.5(d), during the period of leave an employee may return to work at any time, as agreed between the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician employer and the employee's physician agree , provided that she cantime does not continue working, or
(3) Following any difference of medical opinion between exceed four weeks from the Board's physician and recommencement date desired by the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. All 16.01 Upon written request on the appropriate form by a pregnant employees may apply for a leave of absence without pay. Upon requestEmployee, such leave the University shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for grant maternity leave shall include a statement from a physician confirming consistent in timing and duration with the pregnancy and anticipated date Employment Standards Act of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2New Brunswick. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 application is to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from weeks prior to the date that she intends to begin her leave and should specify the duration of the leave. A medical certificate specifying the expected date of delivery is to be attached to the application.
16.02 A pregnant employee may wish to continue working up to the expected date of delivery and may do so, if in the opinion of her physician she is able to fulfill her normal job responsibilities. No pregnant employee will be allowed to work in an area that may be hazardous to her health or to that of her child. The employee may be transferred by the Employer if appropriate alternate employment is available.
16.03 An early return to work, excluding the balance of the semester in which the child is born. In no eventfollowing delivery, shall the return date for will require a medical certificate indicating that the employee be other than the beginning of the semester, unless by written approval of the Superintendentis medically fit for work.
4. The leave 16.04 Following the period of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee will normally return to her former position. If this is not possible, she will be placed in an equivalent level of position.
16.05 A period of maternity leave may be extended by applying for an unpaid leave of absence under Article 18, Parental leave under Article 16A or by taking vacation time, if approved by the Employer. Such a request will not be unreasonably refused.
16.06 Upon completion of the initial probationary period of continuous employment, a female employee who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits, shall indicate be paid a maternity leave allowance in accordance with a plan registered with the Canada Employment Insurance Commission as a Supplementary Unemployment Benefit Plan (S.U.B.).
16.07 Under the provisions of the S.U.B. plan, the Employee's salary will be maintained at 95% of her regular weekly earnings for a maximum of 17 weeks of maternity leave. This plan allows the Employer to make up the difference between the C.E.I.C. maternity leave benefits up to 95% of the Employee's regular weekly earnings. The Employee is required to apply for the C.E.I.C. maternity leave benefit and must be eligible for the benefit for this plan to apply (as specified in the appropriate sections of the Employment Insurance Regulations). Contributions to the Board pension and benefit plans shall continue on the part of the Employee and the University on the basis of 100% of salary. In any week, the total amount of S.U.B. employment insurance gross benefits and any other earnings received by the employee will not exceed 95 per cent of the employee's normal weekly earnings. The Employee will be asked to submit her benefit stub to verify her receipt of E.I. benefits and other earnings.
16.08 Employees have no vested right to payments under the plan except to payments during a period of unemployment specified in writing that she intends the plan (57 (13(h) of the E.I. Regulations).
16.09 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
16.10 Employees must apply for and must be in receipt of employment insurance benefits to receive payments under the plan.
16.11 An employee who receives a Maternity Leave Allowance is required to return to work at the following SeptemberUniversity for a period of time equivalent to the length of the leave. Failure to so notify In the Board will be deemed to be a waiver by event that the employee terminates employment prior to completion of her right this period of time they shall be required to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment reimburse the University the amount of the time requirements for acquiring tenure, nor shall it count toward placement Maternity Leave Allowance on the salary guide or for senioritya pro-rated basis.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for Employees shall request a leave of absence without paypay up to a maximum of fifteen (15) weeks because of pregnancy. Upon Such request will be granted, provided the Employee submits to her Employer a request, in writing, for such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than least two (2) years weeks prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant and indicating the estimated date of confinement. Such leave may, at her discretion, commence twelve (12) weeks or more (depending on medical requirements) prior to confinement and the period, if any, between the date of confinement mentioned in the delivery certificate and the actual date. Employees will continue to accrue seniority while on maternity leave. Employees will have the option of maintaining their coverage under the Company benefit plan by pre-paying the cost of those benefits prior to commencing such leave. Where a pregnant Employee, who has qualified for group benefits, is disabled and cannot perform her regular duties, she may apply for sick benefits/group insurance benefits as per the Collective Agreement. The Employee, when returning to work at the end of her leave (maternity or parental leave) shall give the Employer two (2) week’s notice of date of return and submit a certificate from her doctor, indicating that her resumption in employment will not, in his/her opinion, endanger her health. Employees, who commence maternity leave, will have benefits reinstated upon return to work. The Employee shall be returned to her former position at the completion of her leave of absence. As of January 1st, 2010 Female Employees will be granted the first five (5) weeks of maternity leave at the Employee’s regular salary top up. As of January 1st, 2011 Female Employees will be granted the first ten (10) weeks of maternity leave at the Employee’s regular salary top up. The Employer agrees to provide five (5) weeks of parental/adoption leave at the Employee’s regular salary to an Employee who is the primary care giver of the child. An additional thirty-two (32) weeks parental/adoption leave, excluding without pay, will be granted if an Employee so requests. Parental leave, for female Employees, shall be in addition to their maternity leave. Said paid maternity and parental leave shall be consistent with E.I. regulations and Employees agree to complete all paperwork necessary to reduce Employer costs. The above payment of regular salary shall be paid by the balance Employer, providing the Employee returns to work for the Employer. If an Employee voluntarily terminates his or her employment at the termination of the semester maternity leave and/or parental leave, or within twelve (12) months of return to work, the amount of money paid by the Employer shall be reimbursable to the Employer in which the child is born. In no eventfull, shall the return date for the employee be other than the beginning or pro- rated based on one-twelfth (1/12) of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may amount repayment for each month not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon completed within one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails year of the return to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardwork.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All (a) Every employee who becomes pregnant employees shall, not later than the fifth month of her pregnancy:
(i) request maternity leave without pay to commence on a date that is within the three (3) month period immediately preceding the expected date of the termination of her pregnancy; or
(ii) give notice of resignation to be effective within the three (3) month period immediately preceding the expected date of the termination of her pregnancy.
(b) An employee requesting maternity leave shall submit, with the application for leave, a statement from her physician indicating that employment to the date specified in the application will not be injurious to her health providing unforeseen complications do not arise.
(c) Where an employee submits to the Deputy Head or Chief Executive Officer a certificate from a qualified medical practitioner stating that her health so requires, the Deputy Head or Chief Executive Officer shall grant maternity leave to the employee to commence earlier than three (3) months before the expected termination of her pregnancy.
(d) The Employer may apply direct an employee who is pregnant to proceed on maternity leave at any time where, the employee cannot produce a medical certificate stating that her condition does not prevent her from performing her normal work functions.
(e) An employee who agrees to return to work and who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits pursuant to the Employment Insurance Act, shall be eligible during the two week waiting period prior to commencement of Employment Insurance benefits for a maternity leave allowance of absence without seventy-five (75%) of the employee’s regular rate of pay. Upon request, ; such maternity leave allowance will be in accordance with the supplementary unemployment benefits program of the Employment Insurance Commission.
(f) The total period of maternity leave shall be granted not exceed seventeen weeks, including the two (2) week waiting period and the maternity leave taken before and after the date of termination of the pregnancy. Maternity leave will continue after the termination of the pregnancy up to that point where the maternity leave taken before and after the termination of the pregnancy totals seventeen weeks, unless sooner terminated by the employee's resignation or return to work.
(g) When an employee on maternity leave wishes to return to work, she shall give the Deputy Head or Chief Executive Officer notice of the fact at least ten (10) working days prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave that she will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able ready to return to duty work, and shall be furnished submit the written approval of a qualified medical practitioner.
(h) An employee who returns to work in accordance with Article 18.04 (e) hereof shall retain her position on the Board before an Plan of Organization in the same Department, Board, Commission, or Agency, in the same geographical location that she held prior to and during the period of her temporary absence.
(i) An employee who returns to work in accordance with Article 18.04 (h) shall receive a rate of pay that is permitted equivalent to return from or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave.
2. The disability period as certified jointly by (j) Subject to Article 18.04 (k) an employee on maternity leave who does not return to work within the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at referred to in Article 18.04 (f) will be considered to have resigned her request for reasons associated with pregnancy related disability. For position on the purpose last day of child care, an eligible employee the time allotted.
(k) The Employer may extend her unpaid the leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end period following termination of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the pregnancy referred to in Article 18.04 (f).
(l) An employee will be expected to return no later than two who resigns her position in accordance with Article 18.04 (2a) years or 18.04 (j) for maternity reasons shall retain her accrued benefits if she becomes re-employed in Part I service within six (6) months from the date of her resignation, provided such benefits have not been previously liquidated.
(m) During the delivery period of up to seventeen (17) weeks only specified in 18.04 (f) hereof:
(i) an employee continues to earn seniority and continuous service credits based on what the employee’s regular hours of work would have been;
(ii) where the employee participates in group insurance plans of the childEmployer, excluding the balance employee and Employer shall continue their contributions to premiums as required by and subject to the terms of such plans,
(iii) an employee maintains previously accumulated sick leave and vacation leave credits but does not accrue sick leave or vacation leave benefits while on maternity leave. Period of less than one (1) month shall not be counted in this calculation.
(n) Should the semester in which employee not return to work following her maternity leave the child is born. In no event, employee shall compensate the return date Employer for the employee be other than the beginning of the semester, unless by written approval of the Superintendentmaternity leave allowance provided for in (e) above.
4. The leave (o) Prior to the commencement of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board sick leave will be deemed granted to be a waiver by the an employee of her right to return for sickness arising from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to complications associated with her pregnancy, excluding normal delivery.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees 1. Female Administrators shall, upon request, shall be granted maternity leave in accordance with 29 USC Chapter 28, the Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A female Administrator is eligible for maternity leave under the FMLA, if she has been employed full time by the Wellesley School Department for at least twelve months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months.
2. Under the FMLA, female Administrators may apply take up to twelve (12) weeks of leave, and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be designated as FMLA leave, whereas MPLA leave commences upon the birth of the child. In the case of multiple births, the MPLA provides for eight weeks of leave for each child. Except as provided in paragraph 3, below, a female Administrator shall return to work no later than the expiration of the FMLA or MPLA leave period.
3. In addition to leave available under the FMLA and MPLA, a female Administrators may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. Female Administrators on such disability leave shall return to work as soon as she is no longer disabled.
4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a female Administrator may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two school years. A maternity leave of absence without paythat begins in the summer (i.e., child is born in July or August) will be granted the full school year immediately following the birth of the baby. Upon request, such Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced Full‐Time Equivalent (FTE) schedule may be granted on a case by case basis with the approval of the Superintendent of Schools.
5. Female Administrators on maternity leave may apply their accumulated sick leave days or personal days to up to eight (8) weeks of their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a female Administrator may use paid leave are calendar weeks and could include the two (2) weeks prior to the anticipated date of birth and continue birth. Paid leave may only be used for a reasonable period of time to a specific date following birth.
1days during which school is in session. Maternity Otherwise, maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimesterwithout pay or increment.
b. A request 6. If, for maternity documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave shall include a statement from a physician confirming the pregnancy and anticipated date are required up to an additional four (4) weeks of birth.
c. Exact dates of the leave will accrued sick time may be arranged to coincide with changes in semester. Where medically contradictedpaid, the parties shall arrange other leave dates in consideration professional staff member must provide the Director of both Human Resources with medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months documentation prior to the end of the current her original maternity leave, except when medical considerations occurring during the last .
7. The Administrator must give at least two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the weeks notice of her anticipated date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentdeparture and intention to return.
48. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to Upon return from said maternity leaveleave taken under this provision, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior returned to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingprevious position unless there has been a reduction in force, and in which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by case the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.provisions of
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for An Administrator who anticipates a maternity disability leave shall notify her immediate supervisor in writing of the anticipated commencement of the maternity as soon as the employee knows of it.
1. In the case of pregnancy, the administrator shall inform the supervisor of the anticipated delivery date.
2. No later than ninety (90) calendar days prior to the anticipated delivery date, the administrator shall request a leave of absence without paywhile she is disabled, for which accumulated sick leave may be utilized. Upon requestAt the time of application, the administrator shall specify in writing the date upon which she wishes to commence leave and the date upon which she wishes to return to work after birth. The Board may require any administrator to produce a certificate from a physician in support of the requested leave dates. The physician’s certificate is subject to agreement by the Board’s physician. Where medical opinion is supportive of the leave dates requested, such leave shall be granted prior to by the anticipated Board, except that the Board may change the requested date upon finding that the grant of birth a leave for the dates stipulated and continue for a reasonable period medically confirmed would substantially interfere with the administration of time to a specific date following birththe school.
13. Maternity The Board shall grant maternity disability leave shall be granted without pay to any administrator upon request subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy stipulations and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:limitations
a. The Board has found may remove any pregnant administrator from her duties on the basis of pregnancy, only, for one of the following reasons:
i. Her performance has substantially declined declines from the time immediately prior to her period preceding pregnancy.
b. ii. Her physical and/or emotional condition or capacity is such that renders her health would be impaired if she were to continue workingincapable of performing her assigned duties, and which physical capacity shall be deemed to exist if:
(1a) The the pregnant employee administrator fails to produce a certification when requested by the Administration from her physician physician’s certificate that she is medically able to continue working, or
teaching; (2b) The the Board's ’s physician and the employee's physician agree concludes that she canis unable to continue teaching.
b. Upon return from a maternity disability leave of absence, the administrator shall be reinstated in her same position or a similar position for which she is certified.
c. The Board is under no compulsion to continue the employment of a non- tenured employee beyond the contracted period so long as the non-renewal of employment is not continue working, orbased solely upon a condition of pregnancy or childbirth.
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee d. The maternity disability leave period shall render a binding opinion not be counted for tenure purposes.
e. Advancement on the physical capacity to continue workingSalary Guide shall be based upon the date of commencement of the leave of absence. The expense administrator will be granted a full Salary Guide step if she works more than ninety (90) school days. Working ninety (90) school days or less shall result in no advancement on the Salary Guide.
f. An administrator who makes application for a maternity disability leave shall also be subject to the provisions of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.Article VI: Administrator Absence, J.,
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All A pregnant employees may apply for a leave of absence without pay. Upon request, such leave Employee shall be granted prior unpaid pregnancy leave of up to 18 weeks, in accordance with the anticipated following and may be entitled to Parental leave according to Article 20.07:
(a) The Employee shall endeavor to give four (4) weeks written notice, detailing when she will begin the maternity leave and when she will return. Such Employee may be requested to provide a medical certificate specifying the estimated date of birth and continue for a reasonable period of time to a specific date following birthdelivery.
1. (b) Maternity leave shall begin no sooner than twelve (12) weeks preceding the expected date of delivery and no later than the date of delivery.
(c) A pregnant Employee whose continued employment in her position may be granted subject hazardous to herself or to her unborn child, in the following conditions:
a. An employee shall notify the Superintendent written opinion of her pregnancy by physician, may request a transfer to a more suitable position if one is available. Where no suitable position is available, the end of the first trimester.
b. A Employee may request for maternity leave shall include a statement from a physician confirming if the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee Employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity eligible for such leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event that the employee’s physician and maternity leave must commence in the school physician early stages of pregnancy which results in the Board of Education do need for an absence from work longer than twelve (12) months, the Employee may request further leave without pay. Such a request will not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardunreasonably denied.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For (d) The Employer has the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected right to request extended leave the Employee to provide a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration certificate from her physician that she is medically able to continue working, orperform all her regular duties and responsibilities.
(2e) The Board's physician Employer agrees that when an Employee reports to work on the expiration of her maternity leave, the Employer shall permit her to resume work at the same salary, sick leave, and vacation entitlement she had when the unpaid leave commenced.
(f) An Employee, who is on maternity leave, shall be entitled to continue participation in eligible benefit plans provided she makes arrangements to pay in advance or to provide post- dated cheques for the payment of her share of the benefit premiums for the period of leave.
(g) The Employee shall reconfirm her intention to return to work or may request changes to the dates originally approved by giving the Employer at least four (4) weeks written notice before the leave is to commence or end.
(h) Upon return to employment the Employee shall be reinstated to her former position unless the position has been discontinued in which case the Employee shall be placed in a comparable position. In the event that the employee's physician agree that she canposition or a comparable position is not continue workingavailable, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on have access to the physical capacity to continue workinglayoff provisions contained within this collective agreement.
(i) An employee granted maternity leave shall not earn vacation credits, sick leave credits or paid holiday pay for the period so granted. The expense of any examination by employee shall earn seniority for the impartial third physician under this paragraph entire leave.
(j) No Employee shall be shared equally by required to return from such leaves of absence for the employee and purposes of transferring or being promoted into any vacancy for which they were the Boardsuccessful candidate until such time as their Maternity, Adoption, and/or Parental Leave expires.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a leave 10.5.1 Leaves of absence without pay. Upon request, such leave for pregnancy and childbirth shall be granted prior to the anticipated date in accordance with provisions of birth and continue for a reasonable period of time to a specific date following birthEducation Code Section 44965.
1. Maternity leave 10.5.2 Any female employee regularly employed in the District shall be granted subject to maternity leave under the following conditions:
a. An 10.5.2.1.1 The employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for seeking maternity leave shall include a statement from a physician confirming provide reasonable notice to the pregnancy and anticipated date district of birthher impending temporary disability.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able 10.5.2.1.2 In order to return to duty her duties, an employee must present to the Personnel Office a written statement from her doctor.
10.5.2.1.3 Payment to the employee before and after the birth of the baby shall be furnished to in accordance with the Board before an employee is permitted to return from maternity leaveexisting sick leave policy.
2. The 10.5.2.1.4 Employees may elect to retain no more than ten (10) days of sick leave during a maternity leave period.
10.5.2.1.5 Employee is not eligible for differential pay if any sick leave is retained.
10.5.3 Pregnancy disability period shall be defined as certified jointly temporary disabilities caused or contributed to by the employee pregnancy, miscarriage, abortion, childbirth, and the Board's physician may recovery therefrom and shall be treated as compensable such under any health or temporary disability insurance or sick leave time at plan available in connection with employment.
10.5.3.1 The Employer shall provide a leave of absence for any certificated Employee who is required to be absent from duties because of pregnancy disability.
10.5.3.2 At the option of the employee. In Employee, the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee Employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected elect to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The pregnancy disability leave of absence granted without the use of sick leave provisions in order to preserve accumulated sick leave days earned along with the differential pay provision for the period of 100 workdays or less as provided by current law.
10.5.3.3 The Employee is expected to establish a non-tenured employee hereunder may not be extended beyond the end beginning and ending date with her supervisor approximately three (3) months in advance of the contract school year leave in order to plan for a temporary replacement.
10.5.3.4 The length of the leave of absence, including the date on which the leave is obtained.
5. Except as provided above, no employee shall commence shall be barred from returning to duty after determined by the birth of her child solely on Employee and the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate Employee’s physician with notification to the Board supervisor
10.5.3.5 The pregnancy disability leave ceases as soon as the Employee’s physician certifies in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave temporary disability has ended; provided, however, that year.
6. The time spent on maternity such leave shall normally terminate not count toward fulfillment later than thirty (30) calendar days following childbirth or the termination of the time requirements for acquiring tenure, nor shall pregnancy unless it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined is verified by a written statement from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her Employee’s physician that she is medically able to continue workingthe temporary disability still exists, or
(2) The Board's in which case, such leave may be extended until such time that the physician and certifies that the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boarddisability has terminated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All (a) An employee who becomes pregnant employees may apply for shall notify the UPCE at least two (2) weeks prior to the date on which she plans to begin her maternity leave or her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby’s due date.
(i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave of absence without pay. This leave may begin at any time within seventeen (17) weeks of the baby’s due date, and extends beyond the date of the baby’s birth, until the twenty-eight (28) weeks have expired.
(ii) Notwithstanding sub-clause (b) (i):
1. where the employee has not yet proceeded on maternity leave without pay and the new newborn child is hospitalized, or
2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks;
3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(c) The UPCE may:
(i) Upon requestwritten request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) have expired;
(ii) Grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy;
(iii) Where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
(d) Leave granted under this clause shall be counted in the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be granted prior counted for seniority and pay increment purposes. During such leave, the UPCE will continue to pay its applicable share of pension and benefit plans.
(i) An employee who provides the UPCE with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of the Employment Insurance Act or Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits.
(ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan.
(iii) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan.
(f) An applicant under sub-clause (e) of this clause shall sign an agreement with the UPCE providing:
(i) That she will return to work and remain in the UPCE's employ for a period equal to the anticipated period she was in receipt of maternity allowance;
(ii) That she will return to work on the date of birth and continue the expiry of her maternity leave, unless this date is modified with the UPCE's consent.
(i) Should the employee fail to return to work in accordance with the provisions of sub-clause (f) (i), or should she return to work but fail to work for a reasonable the total period specified in provisions of time sub-clause (f) (i), she will be indebted to a specific date the UPCE for an amount determined as follows: (Allowance received) X (remaining period to be worked following birth.her return to work) total period to be worked as specified in (f) (i)
(ii) the repayment provided for in 17.04 (g) (i) will not apply in situation of:
1. Maternity leave shall be granted subject death,
2. lay off,
3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause (f) i),
4. the end of a specified period of employment, if the employee is rehired by the UPCE within six (6) months following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes obligations specified in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two sub-clause (2f) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue workingi), or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All 12.3.1 An employee will provide to Parmalat at least ten weeks in advance of the expected date of commencement of parental leave:
(a) a certificate from a registered medical practitioner stating that she is pregnant employees and the expected date of confinement;
(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and
(c) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
12.3.2 An employee is not in breach of clause 13.3.1 if the failure to give the required period of notice is because of the confinement occurring earlier than the presumed date.
12.3.3 Subject to clause 13.2.1 and unless agreed otherwise between ▇▇▇▇▇▇▇▇ and employee, an employee may apply for a commence parental leave of absence without pay. Upon request, such leave shall be granted at any time within six weeks immediately prior to the anticipated expected date of the birth.
12.3.4 Where an employee continues to work within the six week period immediately prior to the expected date of birth, the employer may require the employee to provide a medical certificate stating that she is fit to work.
12.3.5 Where the pregnancy of an employee terminates within 28 weeks before the expected date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for child and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave shall include of such period as a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradictedregistered medical practitioner certifies as necessary, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying except that the employee is physically able to return to duty shall be furnished to the Board before where an employee is permitted suffering from an illness not related to return from the direct consequences of the pregnancy, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick 12.3.6 Effective 1 January 2003, Eligible female employees accessing maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 entitled to payment of a sum equivalent to six (6) weeks wages in accordance with the issue provisions of medical capacity to perform work duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, such appointment this clause.
(a) Eligibility for Payment The following employees shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended eligible for a reasonable period of payment: Full-time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than employees who have two (2) years from the date continuous service; Part-time employees who have been employed for two (2) years; Where an employee has returned to work for 12 months after a period of the delivery of the childmaternity leave, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no that employee shall be barred from returning entitled to duty after the birth payment for a second or subsequent period of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for (a) Employees who have completed ninety (90) days or more continuous service shall request a leave of absence without paypay because of pregnancy for a continuous period of not more than sixteen (16) weeks. Upon Such request will be granted, provided that whenever possible the Employee submits to her Employer a request, in writing, for such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than least two (2) years weeks prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant and indicating the estimated date of confinement. Such leave may, at her discretion, commence thirteen (13) weeks or more (depending on medical requirements) prior to confinement and the period, if any, between the date of confinement mentioned in the delivery certificate and the actual date. It is understood and agreed that maternity leave may be taken concurrently with parental leave as outlined in Article 12.11 to a maximum of the child, excluding the balance seventy-eight (78) weeks of the semester in which the child is born. In no event, shall the return date eligible leave.
(b) Employees on maternity leave are considered to be continuously employed for the employee be other than the beginning purposes of the semester, unless by written approval calculating years of the Superintendentservice.
4. (c) Employees will have the option of maintaining their coverage under the Employer benefit plan by pre-paying the cost of those benefits prior to commencing such leave.
(d) Where a pregnant Employee, who has qualified for group benefits, is disabled and cannot perform her regular duties, she may apply for sick benefits/group insurance benefits as per the Collective Agreement.
(e) The leave of absence granted a non-tenured employee hereunder may not be extended beyond Employee, when returning to work at the end of her leave (maternity or parental leave) shall give the contract school year Employer four (4) week’s notice of date of return and submit a certificate from her doctor, indicating that her resumption in which employment will not, in the leave is obtainedmedical opinion, endanger her health.
5. Except as provided above(f) Employees, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said who commence maternity leave, the employee shall indicate to the Board in writing that she intends to will have benefits reinstated upon return to work work.
(g) The Employee shall be returned to her former position at the following September. Failure to so notify the Board will be deemed to be a waiver by the employee completion of her right to return from maternity leave that yearof absence.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a Employees shall be granted maternity leave of absence without pay. Upon request, such The duration of the maternity leave of absence before confinement and subsequent to confinement shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician Leave of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion shall absence for maternity may be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended taken for a reasonable period of time at her request for reasons associated with pregnancy related disabilityseventeen (17) weeks. For the purpose first twenty (20) days of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity such leave, the employee shall indicate be entitled to the Board benefits applicable to other leaves of absence. For the balance of the period, less the twenty (20) days, the employee shall be entitled to the maternity leave benefits set forth in writing that she intends the Employment Standards Act. The balance of a maternity leave shall be without pay or benefits. Pregnancy shall not constitute cause for dismissal. Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. Employees shall make every effort to give at least four (4) weeks’ notice prior to the commencement of maternity leave of absence without pay, and employees shall give at least thirty (30) days’ notice of their intention to return to work prior to the following Septembertermination of the leave of absence. Failure If an employee is unable or incapable of performing their duties prior to so notify the Board will be deemed to be a waiver by commencement of the maternity leave of absence without pay, the employee may be required to take unpaid leave of her right to return from maternity leave that year.
6absence. The time spent on maternity leave shall not count toward fulfillment of Employer may require the time requirements for acquiring tenure, nor shall it count toward placement on employee to provide a doctor’s certificate indicating the salary guide or for seniority.
7. No employee shall be removed from her position employee’s general condition during pregnancy except upon one along with the expected date of the following:
a. The Board has found her performance has substantially declined from the time immediately prior confinement. Upon return to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingwork, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on continue their former position without loss of perquisites accumulated up to the physical capacity date of commencement of the maternity leave of absence without pay and subject to continue working. The expense the provisions of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the BoardArticle 30.02.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a An employee shall be entitled to maternity leave of absence without pay. Upon request, such leave shall be granted prior to provided that she presents a medical certificate confirming the anticipated pregnancy and showing the probable date of birth and continue for a reasonable period of time to a specific date delivery. The following birth.conditions shall apply:
1. (a) Maternity leave shall be granted subject to the following conditions:
a. a maximum of twelve (12) months. An employee shall notify be entitled to one extension such that the Superintendent of her pregnancy by the end of the first trimester.
b. A request for entire maternity leave shall include a statement from a physician confirming not exceed twelve (12) months. In extenuating circumstances, the pregnancy and anticipated date of birthleave may be extended up to an additional six (6) months.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the (b) An employee is physically able wishing to return to duty work before the approved end date shall submit a written request to the Employer at least thirty (30) calendar days prior to the new requested end date. An employee wishing an extension to the approved end date shall submit a written request to the Employer at least thirty (30) calendar days prior to the expiration of the approved leave.
(c) An employee who is unable to perform her regular duties because of the pregnancy, but is qualified and able to perform other work, shall be furnished accommodated where possible, subject to the Board before bona fide occupational qualifications and provided that such accommodation does not create an undue hardship.
(d) An employee who is permitted unable to return from perform her regular duties for medical reasons directly related to a pregnancy/birth and cannot be accommodated, shall be eligible to take immediate maternity leave or claim sick leave for absences prior to and/or after approved maternity leave, or substitute sick leave for what would have been scheduled days of work during maternity leave.
2. The disability period as certified jointly by (e) Maternity leave will be granted with the assurance that the employee and will resume employment in the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months same position that she occupied prior to the end granting of the current leave, except when medical considerations occurring during the last two necessitate extending the such leave. In any eventIf, however, her position is abolished during her leave she shall be subject to lay-off as if she had been occupying the employee will be expected to return no later than two (2) years from position at the date time of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentits abolition.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee (f) Employees shall be barred from returning to duty after the birth of her child solely earn seniority while on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant At the option of the employee, during the term of this collective agreement, the following procedure shall apply. The employee shall opt for Plan A or Plan B, but not both:
1. Plan A is the benefit as described in Article 30.07(C) (5).
2. Plan B is a Supplemental Employment Benefit (SEB) as described herein. The object of the SEB Plan is to supplement Employment Insurance (EI) benefits during a period of unemployment due to pregnancy.
3. The benefit level paid under Plan B is 95% of the employee’s regular weekly earnings; the University will pay the difference between 95% of the employee’s regular weekly earnings and the amount of EI received by the employee. In any week, the total amount of SEB payments and the weekly rate of EI benefits will not exceed 95% of the employee’s regular weekly earnings.
4. During the maternity leave, the SEB benefit will be paid for the duration of maternity leave EI benefits plus any statutory waiting period.
5. Employees must prove that the employee has applied for and is in receipt of employment insurance benefits in order to receive payment under the plan. The University will verify the receipt of EI benefits by requiring the employees may apply to submit EI cheque stubs.
6. Employees do not have the right to SEB payments except for a supplementation of EI benefits for the unemployment period as specified in the plan.
7. The employee’s share of benefit plan premiums/contributions during the period of the maternity leave shall be deducted from the amount paid to the employee by the University under the provisions of the SEB Plan.
8. Any period of leave of absence beyond the periods specified in (4) above shall be without pay, and the employee shall be responsible for the prepayment of their share of benefit plan premiums/contributions in accordance with Articles 30.01(D) and 30.07(C) (2).
9. Upon return to work after maternity leave and, where applicable, any additional leave of absence without pay. Upon request, such leave shall be granted prior and where the employee has opted for Plan B, the University will pay to the anticipated date employee 5% of birth their monthly salary for the statutory waiting period and continue for a reasonable the period of time to a specific date following birthEmployment Insurance benefits were received.
110. Maternity leave Notwithstanding the provisions of Article 1.01, the employee shall make a written agreement with the University on a form (a copy of which is attached and forms part of this Letter of Agreement) which shall be granted subject to signed by the following conditionsemployee in the presence of a shop ▇▇▇▇▇▇▇ or other representative of the Union and which provides the following:
a. An (A) The employee shall notify the Superintendent of her pregnancy by make a commitment to return to work at the end of the first trimestermaternity leave and, where applicable, any additional leave of absence without pay.
b. A request for (B) The employee shall agree to repay the University the gross benefit paid to the employee during the statutory waiting period of the maternity leave shall include a statement from a physician confirming and the pregnancy and anticipated date of birth.
c. Exact dates gross benefit difference which was paid to the employee for balance of the leave will be arranged to coincide with changes in semester. Where medically contradictedmaternity, including the parties shall arrange other leave dates in consideration employee’s share of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the benefit plan premiums/contributions which were deducted during the maternity leave, if the employee is physically able fails to return to duty shall be furnished work, or resigns or is dismissed for just cause within six (6) months of return to the Board before an employee is permitted to return from maternity leavework.
211. The disability period as certified jointly by If the employee and the Board's physician may be treated as compensable sick leave time at refuses to make an agreement under (10) above, or chooses not to exercise the option established in this Letter of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventAgreement, the employee will be expected to return no later than two (2) years from the date provisions of the delivery Plan A shall apply. Dated this 16th day of the childDecember, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.2022
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All 17.4.1 The Employer shall, upon the request of a pregnant employees may apply for full or part-time salaried Employee who is employed at the time of application, and who provides a leave medical certificate indicating the expected birth date, grant the Employee seventeen (17) weeks or up to the expiry of absence without paytheir employment contract, whichever is less, of unpaid maternity leave. Upon requestA stipendiary Employee who is employed at the time of application, such leave and who provides a medical certificate indicating the expected birth date shall be granted an unpaid pregnancy leave for a period not to exceed the duration of their employment contract.
17.4.2 The Employee shall provide written notice of maternity leave to the Director at least four (4) weeks prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent commencement of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
217.4.3 The four (4) weeks’ notice shall not apply if the Employee stops working because of complications due to her pregnancy or because of a birth, stillbirth, or miscarriage that happens earlier than the Employee was expected to give birth. The disability period as certified jointly by In such circumstances the employee and the Board's physician may be treated as compensable sick leave time at the option Employee shall give such notice of the employee. In commencement of their leave as is reasonably possible under the event the employee’s physician and the school physician circumstances.
17.4.4 The reinstatement of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion Employee shall be conclusive and binding on in accordance with The Employment Standards Code, C.C.S.M., c. E110, as amended from time to time. Upon return to work from a maternity leave, an Employee shall resume their former position unless the issue of medical capacity to perform work duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, such Employee’s appointment(s) have expired.
17.4.5 An Employee who has not been granted a further appointment shall be made by entitled to a maternity leave that may extend up to but not beyond the Monmouth County Medical Societyexpiry of the Employee’s specified employment term with the Employer. The expense of any examination by an impartial third physician An Employee who has been granted a further consecutive appointment shall be shared equally by entitled to the employee leaves and the Boardbenefits as set out in this Article.
3. An employee's return date to employment shall be extended for 17.4.6 During a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, provisions for alternative arrangements for fulfilling the employee Employee’s duties shall indicate to be the Board in writing that she intends to return to work responsibility of the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave Employer and shall not count toward fulfillment be the responsibility of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityEmployee concerned.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees A leave of absence without pay will be granted to an employee who has completed at least three (3) consecutive months of full time employment for the purpose of giving birth, adoption, or paternity, said leave of absence to be hereinafter called maternity leave; providing the employee shall give at least two (2) weeks’ notice to the Superintendent or the Superintendent’s designated representative of the employee’s anticipated date of departure and intention to return. The employee may apply for request a leave of absence without payof up to forty (40) consecutive work days, prorated based upon their full-time equivalent status, and be restored to their previous or a similar position, or the employee may request a longer leave of absence of up to two (2) years, but in such an event the employee may only be restored to their previous or a similar position on the first day of school in September. Upon request, such No maternity leave shall of absence will be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later longer than two (2) years from the date the leave commenced. The employee restored to their former position or similar position under this section shall be restored with the same status, pay, length of service, credit and seniority where applicable as of the delivery date of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4employee’s leave. The leave of absence granted a non-tenured employee hereunder may Superintendent shall not be extended beyond required to restore an employee on maternity leave to their previous or a similar position if other employees of equal length of service credit and status in the end same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said such maternity leave; provided, the however, that such employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment retain any preferential consideration for another position to which he/she may be entitled as of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one date of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity employee’s leave. Such maternity leaves shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and not affect the employee's physician agree that she canright to receive any benefits for which the employee is eligible at the date of the employee’s leave, and any other advantages or rights of the employee’s employment incident to their employment position. The maternity leave shall not continue workingbe included in the computation of such benefits, or
rights and advantages, and the Employer need not provide for the cost of any benefits, plans or programs during the period of maternity leave except as provided for all other employees on a leave of absence. Paternity Leave: Eligible employees will receive up to three (3) Following weeks use of sick leave [fifteen (15) days] and any difference of medical opinion between the Board's physician personal days for paternity leave coinciding with 8 total weeks unpaid, and the employee's physician, a physician selected jointly by the Board paternity leave to run concurrent with FMLA when eligibility is met and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardapproved for FMLA leave.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees 31:01 An employee who qualifies for Maternity Leave may apply for a leave of absence without pay. Upon request, such leave in accordance with the plan set out below.
31:02 In order to qualify for maternity leave, a pregnant employee must:
(a) Have completed seven (7) continuous months of employment with the YWCA.;
(b) Submit to the Employer an application in writing for leave under Plan A at least four (4) weeks before the day specified by her in the application as the day on which they intend to commence such leave; and
(c) Provide the Employer with a certificate of a duly qualified practitioner certifying that they are pregnant and specifying the estimated date of their delivery.
31:03 An employee who qualifies is entitled to and shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditionsLeave without pay consisting of:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. (a) A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board period not exceeding seventeen (17) weeks if delivery occurs on or before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of delivery specified in the certificate mentioned in Subsection :02 (c); or
(b) A period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Subsection :02 (c) and the actual date of delivery, if delivery occurs after the child, excluding the balance of the semester date mentioned in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentthat certificate.
4. (c) The leave YWCA may vary the length of absence granted a non-tenured employee hereunder may not be extended beyond Maternity Leave upon proper certification by the end of attending physician, and recommendation by the contract school year in which the leave is obtainedEmployer.
5. Except as provided above, no 31:04 An employee who has been granted Maternity Leave shall be barred from returning permitted to duty after apply up to a maximum of five (5) days of their accumulated sick leave against the birth Unemployment Insurance waiting period. Approved sick leave with pay granted during the period of her child solely on return shall be counted as days worked.
31:05 During the ground that there has period of Maternity Leave, benefits will not been a time lapse between the birth and her desired date of returnaccrue. However, on or before March 1 the period of Maternity Leave will count as service towards eligibility for long service vacation and long service sick leave entitlement.
31:06 Where an employee’s anniversary date falls during the school year in which the employee desires to return from said maternity leaveperiod of Maternity Leave, the employee shall indicate be eligible to receive a merit increase effective the Board in writing that she intends to date upon which they return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee their position of her right to return from maternity leave that yearemployment.
631:07 Sections 52 through 57.1(2) of The Employment Standards Act respecting Maternity Leave shall apply mutatis mutandis. The 31:08 (a) Part-time spent on maternity leave shall not count toward fulfillment of employees are eligible for Maternity Leave as set out in the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityAgreement.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All employee who requests Maternity Leave shall provide the General Manager with a medical certificate from a qualified medical practitioner stating the estimated date of birth. Such certificate shall be provided not later than three months prior to the estimated date of birth. An employee will become eligible for Maternity Leave after the completion of the first three months of regular employment. This employee will also be required to complete a Request for Special Leave form, and submit it to the Human Resources Department. A pregnant employees employee shall be entitled to Maternity Leave, without pay from the date of commencement of leave, for a period of 18 consecutive weeks or a shorter period if the employee requests. The employee may apply for request that her leave commence 11 weeks immediately before the estimated date of birth or any time thereafter. The City may require the employee to commence a leave of absence where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties. Regardless of the date of commencement of the leave of absence, the leave shall not end before the expiration of 6 weeks following the actual date of birth of the child unless the employee requests a shorter period. If the employee requests a shorter period, a written notice must be submitted to the City 2 weeks prior to returning to work. Where an employee who has been granted leave of absence under this clause is, for reasons related to the birth as certified by a medical practitioner, unable to work or return to work after the expiration of the leave, the City shall grant to the employee further leaves of absence from work, without pay, for a period specified in one or more medical certificates, but not exceeding a total of 6 consecutive weeks. Where Maternity Leave is taken, the employee must prepay her share of premiums to the employer for benefits to which she is entitled for the period of leave. An employee who is absent for a period longer than 18 weeks and who wishes to continue benefit coverage shall prepay to the City the total cost of premiums for benefits to which she is entitled for the additional period of leave. On resuming employment, an employee shall be reinstated in her previous or a comparable position and for the purpose of pay increments, benefits, and vacation entitlement (but not for statutory holidays or sick leave) maternity leave will be counted as service. Vacation pay will be prorated by the period of the leave and an employee may elect not to take that portion of her vacation which is unpaid. The City shall not terminate an employee or change a condition of employment of an employee without the employee’s written consent, except for general reduction in the workforce. An employee who is a birth father, the adoptive father or adoptive mother, shall be entitled to twelve (12) weeks of parental leave without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An The employee shall notify take the Superintendent of her pregnancy by the end leave within fifty-two (52) weeks of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming child’s birth or the pregnancy and anticipated date the child comes within care of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option or custody of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All An employee may advise her immediate supervisor in writing, with confirmation from a qualified medical practitioner, stating the expected date of delivery, that she is pregnant employees and wishes to have a leave of absence. Provided the application for such leave is given to her immediate supervisor at least four (4) weeks prior to the day on which she intends to commence the leave, the Company shall grant her a maternity leave of absence without pay for the period of seventeen (17) weeks, six (6) weeks of which shall be taken immediately following the date of her delivery. If delivery takes place later than the expected delivery date shown on the application, the seventeen (17) weeks leave may apply for be extended by a number of days equal to the days between the expected and actual dates of delivery. The Company may require a pregnant employee to commence a maternity leave of absence without pay if she cannot, in the Company's opinion or in the opinion of a qualified medical practitioner, perform the normal duties of her job or such other job as has reasonably been provided to her in an effort to accommodate health issues arising due to her pregnancy. In the event that such a requirement results in weeks of the leave not remaining after the delivery, she will be granted the full six (6) weeks after the delivery. In the event that such employee is unable to return to work at the conclusion of the six (6) week period immediately following the date of delivery because of medical complications arising out of her pregnancy and/or delivery, she shall be granted an extension of up to six (6) months in her maternity leave of absence without pay. Upon request, such leave shall be granted provided she makes application to her supervisor at least one (I) week prior to the anticipated expiration of her leave. The Company may at any time require an employee on maternity leave or entitled to maternity leave pursuant to this Article, to provide certification from a qualified medical practitioner of her condition including the expected and actual date of birth and continue for a reasonable period of time to a specific date following birth.
1her delivery. Maternity leave shall be granted subject addition, prior to the following conditions:
a. An employee shall notify returning to work from a maternity leave of absence such an employee may be required by the Superintendent Company to present the Company with the written opinion of a qualified medical practitioner that she is able to perform the normal duties of her pregnancy by job. The foregoing section is in the end Collective Agreement as a means of communicating the terms of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy Canada Labour Code and anticipated date of birth.
c. Exact dates of the leave will be arranged automatically changed to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished conform to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In Code in the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the BoardCode changes.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees 31:01 An employee who qualifies for Maternity Leave may apply for a leave of absence without pay. Upon request, such leave in accordance with the plan set out below.
31:02 In order to qualify for maternity leave, a pregnant employee must:
(a) Have completed seven (7) continuous months of employment with the YWCA.;
(b) Submit to the Employer an application in writing for leave under Plan A at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave; and
(c) Provide the Employer with a certificate of a duly qualified practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
31:03 An employee who qualifies is entitled to and shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditionsLeave without pay consisting of:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. (a) A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board period not exceeding seventeen (17) weeks if delivery occurs on or before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of delivery specified in the certificate mentioned in Subsection :02 (c); or
(b) A period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Subsection :02 (c) and the actual date of delivery, if delivery occurs after the child, excluding the balance of the semester date mentioned in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentthat certificate.
4. (c) The leave YWCA may vary the length of absence granted a non-tenured employee hereunder may not be extended beyond Maternity Leave upon proper certification by the end of attending physician, and recommendation by the contract school year in which the leave is obtainedEmployer.
5. Except as provided above, no 31:04 An employee who has been granted Maternity Leave shall be barred from returning permitted to duty after the birth apply up to a maximum of five (5) days of her child solely on accumulated sick leave against the ground that there has Unemployment Insurance waiting period. Approved sick leave with pay granted during the period of return shall be counted as days worked.
31:05 During the period of Maternity Leave, benefits will not been a time lapse between the birth and her desired date of returnaccrue. However, on or before March 1 the period of Maternity Leave will count as service towards eligibility for long service vacation and long service sick leave entitlement.
31:06 Where an employee’s anniversary date falls during the school year in which the employee desires to return from said maternity leaveperiod of Maternity Leave, the employee shall indicate be eligible to receive a merit increase effective the Board in writing that date upon which she intends returns to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee her position of her right to return from maternity leave that yearemployment.
6. 31:07 Sections 52 through 57.1(2) of The time spent on maternity leave Employment Standards Act respecting Maternity Leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityapply mutatis mutandis.
7. No employee shall be removed from her position during pregnancy except upon one of (a) Part-time employees are eligible for Maternity Leave as set out in the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancyAgreement.
b. Her physical and/or emotional condition or capacity (b) To qualify for maternity leave, calendar service is such that her health would be impaired if she were to continue workingused, and which physical capacity shall be deemed to exist if:
i.e. seven (1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.7)
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees The provisions under the Employment Standards Act, Section and shall apply to Maternity Leave for any preg- nant employee who has been employed for at least ten (10) months, as well as the sub-sections listed below. The Hospital may apply for a require the employee to begin leave of absence without payat such time as in the opinion of the Hospital, the duties of her position cannot reasonably be performed by a preg- nant woman, or the performance of her work is materially affected by the pregnancy. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify intending to resume employment with the Superintendent of her pregnancy by Hospital is required to advise the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes Hospital in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than writing two (2) years from weeks prior to the date expiry of the delivery of the childleave and, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from Hospital, furnish medical- proof of her physician fitness to resume her employment following the leave of absence. Effective on confirmation by the Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, and retroactive to November an employee on leave as set out above who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supple- mental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is medically able to in receipt of Unemployment Insurance pregnancy benefits, and shall continue working, or
while the employee is in receipt of such benefits for a maximum period of fifteen (215) weeks. The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph regular weekly earnings shall be shared equally determined by multiplying her regular hourly rate on her last day worked prior to the employee and commencement of the Boardleave times her normal weekly hours.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant Provisions shall be made for employees may apply to be absent from duty for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable specific period of time to a specific date for maternity or adoption purposes and still maintain their employment status at the Carlynton School District. The following birth.stipulations shall be utilized in the administration of the maternity leave planned:
1. (a) Maternity leave shall be granted subject to begin on the following conditions:date chosen by the employee.
a. An (b) The employee shall notify the Superintendent of her pregnancy by the end give at least sixty (60) days notice of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates the beginning of the leave will be arranged to coincide with changes in semesterleave. Where medically contradictedAt the employee’s request, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty this notice shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In waived in the event of the employee’s physician and the school physician of the Board of Education do not agree, then the certifies that said maternity leaves must begin for reasons for health.
(c) An employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion shall be conclusive and binding must choose her return date before leaving on the issue of medical capacity to perform work 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 Monmouth County Medical Societya maternity leave. The expense of any examination by an impartial third physician shall be shared equally date chosen by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no date not later than two twelve (212) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty months after the birth of her said child solely on or the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 termination of the school year in which pregnancy.
(d) Thirty (30) days prior to the employee desires to intended return from said maternity leave, the employee shall indicate will initiate a discussion with the building administrator or central administrator tentative to the Board in writing that she intends employee’s return to work.
(e) Before the employee may return to work, her physician shall certify to the employer the employee’s ability to assume her job responsibilities.
(f) If the employee is unable to return to work on the following Septemberdesignated return date for reason of health related to her pregnancy as determined by her physician, the employee may request an extension of said unpaid leave. Failure Said extension to so notify be at the sole discretion of the Board will be deemed of School Directors.
(g) The position to be a waiver assumed upon return to employment shall be designated by the Superintendent of Schools. Benefits which shall be continued for a stipulated period of time:
(a) The employee may continue her school group insurance to the extent permitted under the applicable insurance policies for the period of her right to return from the maternity leave that year.
6by making monthly payments of the full premium costs of such insurance. The time spent on continuation of all insurance during the maternity leave shall not count toward fulfillment be in accordance with the provisions of the time requirements contracts offered by the specific insurance company. The School District shall have no obligation to pay for acquiring tenure, nor any insurance for such employee during such leave.
(a) No salary payments shall it count toward placement be made for the period of the leave;
(b) Accumulated sick leave shall remain in force during the maternity leave and be reinstated on the salary guide or for seniority.employee’s return to service;
7. (c) No employee sick leave shall be removed from her position allowed to accumulate during pregnancy except upon one the time of the following:maternity leave;
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity (d) No payments shall be deemed made on behalf of the employee for social security coverage or to exist if:
(1) The pregnant the public school employee’s retirement system. Failure on the part of the employee fails to produce a certification when requested abide by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and conditions of administering the employee's physician agree that she cannot continue working, or
(3) Following any difference maternity leave plan shall be reason for terminating the obligation of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity of School Directors to grant or continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardsuch leave.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All A pregnant employees may apply employee who has completed her probationary period and makes a formal application for a leave of absence without pay. Upon requestat least weeks prior to leaving, such leave or, who advises the Company in writing that she is unable to perform the normal duties of her job shall be granted prior a leave of absence without pay for not more than seventeen weeks. When the pregnancy leave ends, the employee may commence a Parental Leave of not more than weeks duration. A pregnant employee may be required by the Company to commence a pregnancy leave of absence at such time as she cannot, in the anticipated opinion of Occupational Health Services, perform the normal duties of her job. The Company may require at any time an employee entitled to a leave of absence pursuant to this section to provide certification from a qualified medical practitioner of her condition including the expected and actual date of birth her delivery. If at the conclusion of her leave, or in the event an employee wishes to terminate her leave early and continue for the employee presents the Company with the written opinion of a reasonable period of time qualified medical practitioner stating that she is able to a specific date following birth.
1perform her normal duties, she shall, if she has not been laid off or demoted while on such leave, be reinstated to her former position. Maternity leave If her position no longer exists or if the employee consents, she shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent provided with alternate work of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employeecomparable nature. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the that such 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends unable to return to work at the following Septemberconclusion of her pregnancy leave because of complications arising out of her pregnancy and delivery, she may be granted an extension of up to months upon written request made to the Human Resources Department. Failure to so notify the Board Leave granted will be deemed to be a waiver by without pay but during the period of the leave the employee will continue to accrue credited service and seniority. An employee may apply through the Sickness and Accident Plan for sick benefits, upon receipt of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician medical documentation that she is medically able was unable to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity work due to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpregnancy or childbirth.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees SECTION 1 Any employee in a state of pregnancy shall be entitled to a rest period of four (4) weeks before and four (4) weeks after the birth, with full pay at the rate of her regular salary.
SECTION 2 The employee may apply choose to take up to one week of pre natal rest and extend up to seven (7) weeks the post natal rest to which she is entitled as long as she presents her Supervisor with a medical certificate crediting that she is in condition to work up to one week before the delivery.
SECTION 3 If an employee were to suffer a complication after the birth that prevented her from working for a leave term exceeding four (4) weeks, to be counted from the day of absence the delivery, the Company will grant an additional rest period for a term which shall not exceed fifteen (15) additional weeks without pay. Upon request, such leave shall be granted prior to as long as before the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end expiration of the first trimester.
b. A request for maternity leave shall include rest period she presents a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semestermedical certificate crediting such complication. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying It been provided that the employee is physically able may charge the fifteen (15) weeks to return to duty shall be furnished to the Board before an employee is permitted to return from maternity her vacations, sick leave or extended sick leave.
2. SECTION 4 The disability period employee that adopts a child younger than seven (7) years shall have the same benefits (maternity leave) as certified jointly by any other employee has for natural births after presenting legal documentation proving that the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardadoption process was completed.
3. An employee's return date to employment shall be extended for a reasonable period SECTION 5 With one (1) month of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than anticipation before the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate present the Company with a medical certification crediting her condition and indicating the probable date of delivery, or in the case of adoption the presenting of documents of the date of adoption. Upon complying with this requirement, the employee shall receive the corresponding pay in accordance to the Board provided in writing Section 1, in advance at the moment that she intends begins to return to work enjoy this leave.
SECTION 6 The employee who suffers a miscarriage shall be entitled and may claim the following September. Failure to so notify the Board will be deemed to be a waiver same benefits enjoyed by the employee who has a normal delivery. However, to receive such benefits, the miscarriage must be one of such nature that it produces the same physiological effect that regularly arise as a result of the delivery, in accordance to the decree and certification of the physician taking care of her right to return during the miscarriage. Said benefit shall be from maternity leave that yearthe miscarriage onward.
6SECTION 7 The employee and her supervisor will coordinate the use of the facilities and or refrigerators if said refrigerators are necessary and that are available in the employees work center so that she could extract and preserve the milk. The time spent on maternity leave shall not count toward fulfillment employee must be responsible of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one adequate use of the following:
a. stored milk and the Company's equipment to be used by her for such use. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such employee must present medical evidence that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician shows that she is medically able lactating.
SECTION 8 The absences motivated by this leave will not be considered to continue working, orthe effect of absenteeism in the performance evaluation.
(2) SECTION 9 The Board's physician use and the employee's physician agree that she canenjoyment of this leave will not continue working, or
(3) Following any difference cause loss of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardseniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Telecomunicaciones De Puerto Rico Inc)
Maternity Leave. All (A) When the employee learns of her pregnancy, she will present her employer with proper verification by her doctor of her pregnancy, and of her ability to continue on her job. During the period when the pregnant employees employee is still actively employed, the employer may apply for require a periodic report from the employee's doctor timed with the employee's scheduled visits to her doctor. The employee may continue work so long as her doctor's reports indicate that the employee's job conditions will not be detrimental to her health and that she is capable of performing her normal duties.
(B) At such time as the employee's physician feels that continued active employment is no longer indicated, the employer will grant a leave of absence without pay. Upon request, to such leave shall be granted prior employee not to exceed six (6) months from the anticipated date of birth and continue for a reasonable period termination of time to a specific date following birthpregnancy.
1. Maternity leave shall be granted subject to the following conditions:
a. (C) An employee shall notify failing to return within six (6) months after the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates termination of pregnancy, shall lose her seniority rights and be removed from the leave will be arranged to coincide with changes in semester. Where medically contradictedemployer's seniority list, unless the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying employee's doctor certifies that the employee is physically able medically unable to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leaveperform her regular duties.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, (D) After such appointment shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventsix (6) month period, the employee will be expected must return to return no later than two work in order to maintain her seniority, unless she presents written medical proof she is not able to perform her normal duties.
(2E) years from the date Upon termination of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leavepregnancy, the employee shall indicate to the Board in writing that she intends to may return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee within six (6) months of termination upon presenting written medical proof she is capable of performing her right to return from maternity leave that yearduties.
6. (F) The part-time spent employee who is scheduled, or the person who is hired to replace the full- time employee on maternity leave shall not count toward fulfillment under any circumstances be considered a full-time employee or be counted as a part-time employee in the calculations of allowable part-time employees pursuant to Article 10, Section 2 of the time requirements Office Clerical Operational Supplement (“Use of and Performance of Bargaining Unit Work by Personnel Other Than Full-Time Seniority Employees – Part-Time Employees”). Any person who is currently employed and assigned as replacement for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee on maternity leave shall render a binding opinion on the physical capacity to continue working. The expense of not lose any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardcontractual rights.
Appears in 1 contract
Sources: Local 25 Office Clerical Rider
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave 17.1 A Faculty Member shall be granted prior leave without pay for maternity reasons for a period not exceeding one (1) year from the date of leaving to the anticipated date of birth return provided that she has completed one (1) year of continuous service at the time of application.
17.2 When a Faculty Member on maternity leave is the major family provider, the Board and continue Faculty Association will share the costs (50-50) associated with continuing medical and dental coverage for a reasonable the period of time to a specific date following birthleave.
1. Maternity leave 17.3 A Faculty Member granted leav e without pay pursuant to Clause 17.1 shall be granted subject a minimum of seventeen (17) weeks, except where a shorter period is requested by the Faculty Member.
17.4 A Faculty Member granted leave without pay for maternity reasons pursuant to Clause 17.1 shall be returned to her former position or be placed in another position at the following conditions:
a. An employee shall notify the Superintendent same salary level upon her return to work. The Faculty Member will be required to give sixty (60) days notice of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able intention to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the employee work and the Board shall mutually agree upon may defer return to work to the appointment of an impartial third physician whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform work duties. In the event commencement of the inability of the employee and the Board next session. Failure to agree upon the appointment of the third physician, such appointment shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months give notice in writing sixty (60) days prior to the end of the current scheduled leave shall constitute an abandonment of position. No later than eighty (80) days prior to the end of the scheduled leave, the Board shall request in writing, notice of intent from the Faculty Member.
17.5 The Faculty Member shall give written notice of the intention to take maternity leave no fewer than forty -five (45) days prior to commencement of such leave except when for (a) or (b) below:
a) Where the Faculty Member presents a medical considerations occurring during certificate which indicates that maternity leave must be commenced earlier than the last two necessitate extending date authorized by the leave. In Human Resources Office, in which case the maternity leave shall be commenced on the date indicated on the medical certificate, or
b) Where the Faculty Member indicates she requires leave to conform to the regulations applicable to Unemployment Insurance Benefits.
17.6 A Faculty Member who has completed one (1) year of continuous service and resigns for maternity reasons and who is re-employed in any event, the employee will be expected to return no later than two capacity within six (26) years months from the date of her resignation shall be considered to have been on leave without pay but for the delivery purpose of vacation leave shall be treated like a new Faculty Member.
17.7 Illness arising prior to the commencement of the childmaternity leave and which is due to complications resulting from pregnancy, excluding the balance of the semester in which the child is born. In no eventother than normal delivery, shall the return date require a medical certificate in order for the employee be other than the beginning provisions of the semester, unless by written approval of the SuperintendentArticle 27 to apply.
4. The 17.8 Upon reasonable notice being given to the Board, a Faculty Member shall be granted leave of absence granted without pay for up to six (6) months immediately following the adoption of a non-tenured employee hereunder may not child. The Faculty Member shall furnish proof of adoption.
17.9 Notification of return or request for an extension of leave shall be extended beyond given to the end appropriate Vice President, no fewer than sixty (60) days prior to completion of the contract school year in which the leave is obtainedleave.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All An employee who is pregnant employees may apply and who has been employed for at least ten months immediately preceding the expected date of birth shall be entitled, upon her written application there- of, to a leave of seventeen weeks from her employment or such shorter leave of absence without payas the employee may request com- mencing during the period of eleven weeks immediately pre- ceding the estimated day of her delivery. Upon requestEffective on confirmation by the unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, such an employee on leave as set out above who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be granted paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following comple- tion of the unemployment insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the anticipated commencement of the leave times her normal weekly hours. Where the actual date of birth her 'delivery is later than the estimated day of her delivery, the leave of absence shall not end before the expiration of six weeks following the actual date of her delivery. The employee shall give her Employer four weeks' notice writing prior to the day upon which she intends to commence her leave of absence and continue shall furnish her Employer with the f of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur in his opinion. An employee may, if she desires to return to work, shorten the duration of the leave of absence requested upon giving her Employer three (3) weeks' notice of her intention to do so and furnishing her Employer with the certificate of a legally quali- fied medical practitioner stating that she is able to resume her work. The Employer may require the employee to begin the leave of absence at such time as, in its opinion, the duties of her posi- tion cannot reasonably be performed by a pregnant woman or the performance of her work is materially affected by the pregnancy. The employee shall, if requested by the Employer, furnish medical proof of her fitness to resume her employment following the leave of absence. Credits for a reasonable period service, for the purpose of time to a specific date following birth.
1. Maternity salary increments, for vacations, sick leave or other benefits under the provisions of the collective agreement or elsewhere shall be granted subject retained up to the following conditions:
a. An commencement of the leave of absence, but shall not be accumulated during such leave except that, in the case of an employee who has worked ten or more days during the calendar month, such credits shall notify the Superintendent of her pregnancy by continue to accumulate to the end of that calendar month. Effective April credits for service shall accumu- late for the first trimester.
b. A request for maternity leave shall include a statement initial seventeen weeks from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates commencement of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before while an employee is permitted to return from on maternity leave.
2. The disability Credits for seniority shall accumulate during the period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employeeleave. In No contributions for any employee benefits provided under the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 collective agreement will be made by the Monmouth County Medical SocietyHospital during any such leave of absence. The expense Subject to the provisions of any examination by an impartial third physician the master policies governing such plans, employees desiring to maintain such protection through the Employer shall be shared equally by entitled to remit to the such full premiums as fall due during the leave so as to insure continued coverage. Effective April the Hospital will continue to pay its share of the premiums of the subsidized employee benefits in which the employee is participating for the initial seventeen weeks from the commencement of the leave while the employee is on maternity leave. No leave granted under the provisions of this Article will be considered sick leave and the Board.
3sick leave credits may not be used. An employee's return date employee intending to resume employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through Employer is required to advise the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months Employer in writing four weeks prior to the end expiry of the current leave of absence for preg- ▇▇▇▇▇. Upon her return to work following leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected returned to her former position or to work of a comparable nature at the same increment level of pay as she received prior to the commencement of the leave. In accordance with the provisions of this Agreement relating to seniority, provided that where operations which were suspended or discon- tinued by the Employer during such leave of absence have not been resumed by the Employer prior to the expiry thereof, the Employer shall, upon resumption of such operations, return no later than the employee to work as above provided in this Paragraph. Effective April an employee intending to resume employment with the Employer is required to advise the employer in writing two (2) years from weeks prior to the date expiry of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond for pregnancy. Subject to any changes to the end of the contract school year in employee's status which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has would have occurred had she not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to her former duties, on the shift, in the same department, and at the same rate of The leave of absence provided for under this Article shall be extended, upon application in writing to the Board in writing that she intends Employer at least two weeks prior to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment expiry of the time requirements leave, for acquiring tenure, nor shall it count toward placement on a period up to six months following the salary guide or for senioritydate the leave com- menced.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for (i) Pregnant Teachers shall, on application to the Department Head, be granted 15 weeks maternity leave, i.e. 13 weeks paid leave and two weeks unpaid leave, provided that the teacher has worked a leave of absence without pay. Upon request, such full academic year.
(ii) Approved maternity leave shall be granted prior paid at the recipient’s normal rate of pay.
(iii) The Teacher must present to the anticipated Department Head, at least three months before, the expected date of birth and continue for delivery a reasonable period certificate from a registered medical practitioner showing the expected date of time to a specific date following birthdelivery.
1. Maternity leave shall be granted subject (iv) A pregnant Teacher may work up to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of delivery unless the delivery of the childattending physician advises otherwise, excluding the balance of the semester in which case leave before the child is born. In no event, shall date of delivery will be considered as sick leave within the return date for the employee be other than the beginning of the semester, unless by written approval of the SuperintendentTeacher’s annual sick leave entitlement.
4. The (v) Maternity leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to start on the date of delivery or sooner, if the applicant voluntarily elects to finish work before the date of delivery.
(vi) That period of maternity leave which is unpaid shall be deemed part of a waiver Teacher’s contracted period of service.
(vii) No maternity leave on full pay shall be granted unless a Teacher has completed a full academic year immediately before the leave.
(viii) However, Teachers having previous continuous service of not less than five years will qualify for maternity leave, upon reappointment, after six months continuous service immediately before the leave.
(ix) Payments by the employee Government during the period of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement be made on the salary guide or understanding that the Teacher concerned will return to duty for senioritya period of at least three months. A Teacher who does not return within a six month period to re-employment shall lose the right to re-employment and she shall refund the monies paid to her by Government.
7. No employee (x) Maternity leave shall not be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancytreated as sick leave.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply (i) Parental Leave is provided for a leave of absence without payin the NES. Upon request, such leave shall be granted prior to This Agreement supplements the anticipated date of birth and continue for a reasonable period of time to a specific date following birthNES.
1. Maternity leave shall (ii) A teacher must have, or will have, completed 12 months of continuous service to be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request eligible for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick (iii) Ordinary maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for must include a reasonable period of time leave of at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years least 6 weeks starting from the date of the delivery birth of the child.
(iv) The maximum total amount of normal maternity leave is 52 weeks, excluding less the balance amount of any other authorised leave taken during the semester in which 52 week period.
(v) If a teacher has taken previous maternity leave, there is no entitlement to further paid maternity leave unless the child teacher has returned to work at the school for a minimum of 12 months.
(vi) The teacher on maternity leave is bornentitled to 12 weeks leave paid by the employer, at the rate the teacher was paid at the time of commencing leave. In no event, shall Payment is to be paid at the return date normal rate paid fortnightly over 12 weeks. Payment for maternity leave will only be paid while the employee be other than the beginning of the semester, unless by written approval of the Superintendentis on maternity leave.
4. The (vii) A period of maternity leave of absence granted a non-tenured employee hereunder may not be extended beyond the end maximum entitlement by agreement between the employer and the teacher in order for the return from maternity leave to occur at the commencement of a term immediately following the contract school year in which the maximum period of leave is obtainedof 12 months.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board (viii) A teacher may apply in writing that she intends 4 weeks in advance to return to work by agreement with the following September. Failure to so notify employer and reduce the Board will be deemed period of maternity leave where this does not adversely impact on the replacement teacher on a fixed term contract.
(ix) If a teacher ceases to be the primary caregiver, the employer may give the teacher written notice of a waiver by date no less than four weeks that any untaken maternity leave is cancelled from that date.
(x) A teacher may terminate her employment at any time during a period of maternity leave or leave subject to giving minimum notice of 4 weeks term time.
(xi) A teacher must give her employer written notice of the employee proposed day of her right return to return work from completion of approved maternity leave no later than 4 weeks before that day.
(xii) A teacher is entitled after returning from maternity leave that yearto return to the position she held immediately before the start of the maternity leave period or to the position held previously if the position was modified due to pregnancy. The 'position' does not mean the right to teach the same classes as taught prior to taking maternity leave.
6(xiii) A teacher who wishes to extend her/his period of parental leave, except as in s.24.2(vi), after the maximum entitlement of 12 months, may request the employer to agree to an extension of unpaid parental leave for the employee for a further period of up to 12 months immediately following the end of the available parental leave period. The time spent request must be in writing, and submitted at least 4 weeks before the end of the parental leave period. The employer must agree to the requested extension, unless the employer has reasonable business grounds for refusing. (NES s.22). For any further extension after 24 months, the teacher will need to apply for special leave.
(xiv) A teacher on paid maternity leave shall is not count toward fulfillment entitled to paid work during this period. A teacher may be employed on a casual basis during the unpaid period of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for senioritymaternity leave.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. All pregnant employees may apply Pregnancy shall not constitute cause for a dismissal. Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. Employees shall be granted maternity leave of absence without pay. Upon request, such The duration of the maternity leave of absence before confinement and subsequent to confinement shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In Employees shall make every effort to give at least seven (7) days’ notice prior to the event commencement of maternity leave of absence without pay, and employees shall give at least seven (7) days’ notice of their intention to return to work prior to the termination of the leave of absence. If an employee is unable or incapable of performing their duties prior to the commencement of the maternity leave of absence without pay, the employee may be required to take unpaid leave of absence. The Employer may require the employee to provide a recognized medical practitioners certificate indicating the employee’s physician and general condition during pregnancy along with the school physician expected date of the Board of Education do not agree, 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 confinement. Upon return to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventwork, the employee will shall continue in their former position without loss of perquisites. An employee is entitled to maternity leave of up to seventeen (17) weeks without pay. An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be expected to return no later than two (2) years from taken during the period that begins on the date of the delivery termination of the childpregnancy and ends no later than 6 weeks after that date. An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, excluding for reasons related to the balance birth or the termination of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leavepregnancy, the employee shall indicate to the Board in writing that she intends is unable to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board’s leave ends.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All (a) A pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able entitled to return up to duty shall be furnished to the Board before an employee is permitted to return from seventeen (17) consecutive weeks of unpaid pregnancy maternity leave.
2. The disability period as certified jointly by (b) A pregnant employee will provide the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for College with a reasonable period of time at her written request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months at least four (4) weeks prior to the end start of the current leave and a medical certificate in support of the request for leave.
(c) The maternity leave may start no earlier than eleven (11) 13 weeks before the expected birth date, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return and no later than two the actual birth date, and must end no earlier later than six (26) years from 17 weeks after the leave begins. If the employee requests to return earlier than six weeks after giving birth date unless the employee is required to produces a doctor's certificate, which supports a request for a shorter period. The leave period may be extended up to six (6) consecutive weeks if a doctor certifies that it is required.
(d) A birth mother must request parental leave, as set out in Clause 23.2 and the Employment Standards Act, at least four (4) weeks before beginning parental leave. To take parental leave, the birth mother must begin that leave immediately after her their maternity leave, unless the College and the employee agree otherwise.
(e) Where an employee who is at work becomes ill or injured following the commencement of the delivery eleven (11) week period in (c) above prior to the leave, or upon commencement of the leave up to the birth of the child, excluding the balance such illness or injury shall be covered by application of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The sick leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except provision as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist iffollows:
(1) The pregnant employee fails where the illness or injury is not directly related to produce a certification when requested by the Administration from her physician that she is medically able condition of pregnancy, sick leave coverage may extend to continue workingthe scheduled date of commencement of maternity leave, oror birth of the child(ren), whichever occurs first;
(2) The Board's physician and where the employee's physician agree that she cannot continue working, or
(3) Following any difference illness is caused through an abnormal condition of pregnancy as verified in writing by a qualified medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board practitioner and the employee returns to work before the scheduled commencement date of maternity leave, the period of absence will be covered by the provisions of Article 20.7(a) and 20.7(b).
(f) On return from maternity leave, an employee shall render a binding opinion be placed in her their former position.
(g) When an employee is on maternity leave, employment is considered continuous for the physical capacity purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the employee. The College will also continue to make payments to any such plans unless the employee chooses not to continue workingwith her share of the cost of a plan. The expense employee is also entitled to all increases in wages and benefits which the employee would have received if not on leave.
(h) An employee on maternity leave shall notify the College of any examination by the impartial third physician under this paragraph date when the employee shall be shared equally by returning to work, four (4) weeks prior to the expiration of the maternity leave. If no notification is given, the employee and shall be deemed to have abandoned the Boardposition.
Appears in 1 contract
Sources: Ratification Document
Maternity Leave. All pregnant (The clause is applicable to full-time employees may apply for a only) Maternity leave of absence without pay. Upon request, such leave shall will be granted prior to in accordance with the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end provision of the first trimester.
b. A request Employment Standards Act except where amended in this provision. The service requirement for eligibility for maternity leave shall include a statement from a physician confirming be months of continuous service. The employee shall give written notification one month prior to the pregnancy and anticipated date of birth.
c. Exact dates of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her certificate as to pregnancy and expected date of delivery. An employee on maternity leave as provided under this agreement who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be arranged equivalent to coincide with changes the difference between seventy-five per cent (75%) of her regular weekly earnings and the sum of her weekly Unem- ployment Insurance benefits and any other earn- ings. Such payment shall commence following completion of the two week Unemployment Insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in semester. Where medically contradictedreceipt of Unemployment Insurance pregnancy benefits, the parties and shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that continue while the employee is physically able to return to duty in receipt of such benefits for a maximum period of fifteen (15) weeks. The regular weekly earnings shall be furnished determined by multiplying her regular hourly rate on her last day worked prior to the Board before an employee is permitted to return from maternity leave.
2commencement of the leave times her normal weekly hours. The disability period as certified jointly employee has the right to extend the maternity leave to six (6) months in total. Written notice by the employee and to extend the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of given at least two months (2) weeks prior to the end termination of ,the initially approved leave. This notice requirement will be shortened in circum- stances where medical complications occur in the two (2) weeks prior to the termination of the current initially approved leave. It is understood that during a maternity leave exceeding thirty (30) continuous calendar days, credit for service for purposes of salary incre- ment, vacation, sick leave, except when medical considerations occurring during or any other benefits under any provisions of the last two necessitate extending collective agreement or elsewhere shall be suspended, the leavebenefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the absence. In any eventaddition, the employee will be expected to return no later than two become responsible for full payment of subsidized employee benefits in which she is participating for the period of the absence. Effective October credits for service shall accumulate for the initial seventeen (217) years weeks from the date commencement of the delivery of the child, excluding the balance of the semester in which the child leave while an employee is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of returnmaternity leave. However, on or before March 1 credit for seniority shall not be sus- pended but shall accumulate during such leave. Effective October the Hospital will continue to pay its share of the school year the subsidized employee benefits in which the employee desires to return is participating for the initial seventeen (17) weeks from said the commencement of the leave while the employee is on maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.After seventeen
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. The Employee Services Director may grant each City employee wishing to utilize maternity leave the opportunity to continue the performance of regular duties as long as the employee is not medically disabled. The employee must provide written approval from a physician containing the date to which the employee may work and indicating the anticipated duration of the employee's disability. The employee must provide a written job description to the physician and the physician must take the actual job duties into consideration when issuing his/her approval. If light duty is available within the Fire Department, the employee may be assigned to such light-duty assignments. All pregnant employees of the provisions of this section apply to light-duty assignments as well as to regular work duties. The Employee Services Director may apply for a grant an employee an uncompensated maternity leave of absence without payfor a period beginning with the last working day provided in Section 1, and ending no longer than six (6) months after the birth of the child. Upon requestAn employee on maternity leave, as outlined in Section 2, may utilize any accrued vacation and/or management leave to receive regular compensation benefits during the maternity leave of absence. Predelivery sick leave usage may be utilized by providing a doctor's certification that a medical disability exists. Accrued sick leave may be utilized postdelivery provided that the employee provides a doctor's certificate that a medical disability exists. If an employee chooses to return to work within six weeks after normal delivery or if any question exists regarding employee's physical ability to perform regular job duties because of medical complications, the Employee Services Director may require the employee to provide a doctor's medical release verifying the employee's ability to perform such duties. Any use of accrued vacation, management leave or sick leave hours must be approved by the Employee Services Director prior to their utilization and will be paid continuously per the employee's regular work schedule. Such hours shall commence from the first day of maternity leave and shall continue until such leave is exhausted. Approved leaves cannot be used to extend the six-month maximum unless there is a cause of medical disability. If a medical disability exists which exceeds 60 days, the employee may request to be put on long-term disability in accordance with the City's Long-Term Disability (LTD) Insurance program. If the employee still has sick leave hours accumulated, these hours may be used to supplement LTD payments. In no case shall the employee receive payments in excess of regular compensation. The use of LTD for Mountain View Firefighters will be subject to the policy under which they are covered. All requests for maternity leave shall be granted written and submitted to: (1) the employee's Department Head, and (2) the Employee Services Director for final approval. An employee on maternity leave must notify the Department Head and the Employee Services Director in writing of the intent to return to the position at least 30 days prior to the anticipated date expiration of birth and continue for a reasonable period the leave. Lack of time this written verification shall be considered equivalent to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by resignation at the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming period. All rights to reemployment will be terminated if the pregnancy and anticipated date of birth.
c. Exact dates employee does not return to work within six months after the birth of the leave will child unless there is a physician-verified disability which must be arranged provided in writing to coincide with changes in semesterthe Employee Services Department prior to expiration of the leave. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the If an employee is physically able to does not return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time work at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leavephysician's extension, except when medical considerations occurring during reemployment shall be at the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date sole discretion of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the SuperintendentDepartment Head and Employee Services Director.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Memorandum of Understanding
Maternity Leave. All A pregnant employees may apply for a leave of absence without pay. Upon requestemployee, such leave shall be granted who is permanent or who has twelve (12) months continuous service prior to the anticipated date of birth and continue delivery shall be entitled to maternity leave without pay for a reasonable period of time not to a specific date following birth.
1exceed fifteen (15) weeks. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming is defined as the pregnancy total time off work, before and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on a child, this includes the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 health-related portion of the school year in which maternity leave. During the employee desires to return from said health-related portion of a maternity leave, the employee may be eligible for benefits as any other employee absent on sick leave. During the first six (6) months of pregnancy, such employee shall indicate apply in writing for maternity leave, including advice to the Board Business Unit of the estimated delivery date and date of commencement of maternity leave. Maternity leave shall commence at the time designated by the employee, within twelve (12) weeks of the estimated delivery date, but no later than the date of the birth of the child. An employee who has applied for maternity leave shall be required to make payment arrangements, in writing that advance, for the non-health related portion of the maternity leave, their share of the premiums for applicable benefits and any other levies normally in force had such leave of absence not been granted. Notwithstanding the above, an employee who is pregnant shall not continue in her position following such time as, in the opinion of the employee's personal physician, and in consultation with the Employee Relations Coordinator, Health, her ability to carry out her assignment is limited by pregnancy. At this time the eligible employee may choose to be accommodated by alternate work which facilitates their health restrictions (if such is readily available and approved by the physician), or shall commence maternity leave, if she intends to return is within twelve (12) weeks of her estimated delivery date. Employees who are accommodated in alternate work will not receive less than their regular pay. Such employee returning to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The shall be reinstated to the same or similar position held at the time spent on maternity leave shall commenced, but without claim to any promotions effected during absence on leave. For purposes of accommodating employees who have been granted maternity leave, the Union agrees to assist in finding a position including waiving of postings. An employee who has not count toward fulfillment yet attained permanent status, but who has completed six (6) months or more continuous service may apply, and at the discretion of the time requirements for acquiring tenureManagement, nor shall it count toward placement be granted maternity leave without pay on the salary guide or for seniority.
7same conditions as a permanent employee listed above. No If granted maternity leave, and upon returning to work from such leave, the employee shall be removed from her position during pregnancy except upon one provided with work of a comparable nature at not less than the following:
a. The Board has found her performance has substantially declined from same salary and other benefits that had accrued to the time immediately employee prior to her pregnancycommencing maternity leave, without claim to any promotions effected during leave of absence.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees 1. A female teacher or nurse of the bargaining unit, upon request, shall be granted maternity leave in accordance with 29 USC Chapter 28, the Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A teacher or nurse is eligible for maternity leave under the FMLA, if she has been employed full time by the Wellesley School Department for at least twelve (12) months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months.
2. Under the FMLA, a teacher or nurse may apply take up to twelve (12) weeks of leave, and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be designated as FMLA leave, whereas MPLA leave commences upon the birth of the child. In the case of multiple births, the MPLA provides for eight (8) weeks of leave for each child. Except as provided in paragraph 3, below, a teacher or nurse shall return to work no later than the expiration of the FMLA or MPLA leave period.
3. In addition to leave available under the FMLA and MPLA, a teacher or nurse may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. A teacher or nurse on such disability leave shall return to work as soon as she is no longer disabled.
4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a teacher or nurse with Professional Status may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two (2) school years. A maternity leave of absence without paythat begins in the summer (i.e., child is born in July or August) will be granted the full school year immediately following the birth of the baby. Upon request, such Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced FTE schedule may be granted on a case by case basis with the approval of the Superintendent of Schools.
5. Teachers or nurses on maternity leave may apply their accumulated sick leave days or personal days to up to eight (8) weeks of their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a teacher or nurse may use paid leave are calendar weeks and could include the two (2) weeks prior to the anticipated date of birth and continue birth. Paid leave may only be used for a reasonable period of time to a specific date following birth.
1days during which school is in session. Maternity Otherwise, maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimesterwithout pay or increment.
b. A request 6. If, for maternity documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave shall include a statement from a physician confirming the pregnancy and anticipated date are required up to an additional four (4) weeks of birth.
c. Exact dates of the leave will accrued sick time may be arranged to coincide with changes in semester. Where medically contradictedpaid, the parties shall arrange other leave dates in consideration professional staff member must provide the Director of both Human Resources with medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months documentation prior to the end of the current her original maternity leave, except when medical considerations occurring during the last .
7. The teacher or nurse must give at least two necessitate extending the leave. In any event, the employee will be expected to return no later than two weeks (2) years from the notice of her anticipated date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentdeparture and intention to return.
48. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to Upon return from said maternity leaveleave taken under this provision, the employee shall indicate be returned to her previous position unless there has been a reduction in force, in which case the Board in writing that she intends to return to work the following September. Failure to so notify the Board provisions of ARTICLE 17 will be deemed to be a waiver by the employee of her right to return from maternity leave that yearapply.
69. The time spent on maternity leave shall not count toward fulfillment During periods of Maternity Leave under the FMLA and MPLA, the Town will pay its portion of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityemployee’s health insurance.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a leave Leave of absence for pregnancy without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave pay shall be granted subject to the following conditions:
a. An : The leave may be initiated by either the employee shall notify or the Superintendent of her pregnancy by Employer at any time during the end of eleven (11) weeks prior to the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated expected date of birth.
c. Exact dates . The employee must make written application for such leave, giving four (4) weeks' notice to the Employer, unless impossible, or the Employer to initiate the leave must give one (1) weeks' notice to the employee. In addition to such notice the employee shall supply the Employer with the certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated date upon which the delivery will occur in his opinion. The employee must have been employed for ten (10) months continuous service with the Employer prior to the beginning of the leave will be arranged to coincide with changes in semesterof absence. Where medically contradicted, the parties The employee shall arrange other leave dates in consideration give at least four (4) weeks' notice of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able her intention to return to duty work. The Employer may require the employee to commence the leave before the commencement of the eleven (11) week period, at such time as the duties of her position cannot be reasonably performed by a pregnant woman or the performance of the employee's work is materially affected by the pregnancy. In no event shall the leave commence later than the eighth month of the pregnancy. The maximum duration of a leave of absence for pregnancy reasons shall be furnished six (6) months. Such absence is not an illness under the interpretation of this Agreement. Benefits under the indemnity plan can not be claimed. Effective April employees will receive a payroll cheque to supplement the Board before an employee is permitted Employment Insurance benefit for a period of up to return from maternity leave.
2seventeen (17) weeks. The disability period as certified jointly amount shall reflect the difference between the Employment Insurance benefit received by the employee and the Board's physician may be treated as compensable sick leave time at the option seventy-five percent (75%) of the employeeemployees' regular earnings. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The Each employee will be expected responsible for providing the Employer with any information required to request extended leave a minimum of two months prior make this pay adjustment. The Employer contributions to all benefits shall continue during the end period of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after for under the birth Leave of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearAbsence rules.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All (a) Every employee who becomes pregnant employees shall notify the Employer in writing of the pregnancy at least four weeks before the day she intends to commence the leave, and, subject to subsection (b), shall be granted leave of absence without pay for a total period not to exceed thirty-seven (37) consecutive weeks consisting of two periods as follows:
(i) a maximum of eleven weeks prior to the expected termination date of the pregnancy; and
(ii) notwithstanding (a) above an employee may apply elect to use earned vacation and/or compensatory leave credits prior to and subsequent to, use of unpaid maternity leave but total leave shall not exceed 11 weeks prior to and 26 weeks after the termination of pregnancy;
(iii) an employee who has not commenced maternity leave without pay may elect to use her sick leave credits up to and beyond the date that the pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this Clause, illness or injury as defined in Article 38 shall include medical disability related to pregnancy. At its discretion, the Employer may require an employee to submit a medical certificate certifying pregnancy.
(b) Where the employee commences maternity leave at a date later than eleven (11) weeks prior to the expected date of termination of the pregnancy, the Employer may request submission of a certificate from a qualified medical practitioner stating the health of the employee. Similarly, the Employer may, upon submission of a certificate from a qualified medical practitioner stating the health of the employee, permit the leave to commence at a date earlier than eleven (11) weeks prior to the expected date of termination of the pregnancy and/or provide to the employee an extension to the maternity leave entitlement beyond the maximum thirty-seven (37) week period.
(c) Leave granted under this Clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
(d) An employee who has requested a leave of absence without pay. Upon request, such leave shall be granted prior may return to work before the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to is over with the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end consent of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming Employer, or by giving the pregnancy and anticipated date of birth.
c. Exact dates Employer four (4) weeks notice in writing of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that day she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearwork.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All 16.01 Upon written request on the appropriate form by a pregnant employees may apply for a leave of absence without pay. Upon requestEmployee, such leave the University shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for grant maternity leave shall include a statement from a physician confirming consistent in timing and duration with the pregnancy and anticipated date Employment Standards Act of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2New Brunswick. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 application is to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from weeks prior to the date that she intends to begin her leave and should specify the duration of the leave. A medical certificate specifying the expected date of delivery is to be attached to the application.
16.02 A pregnant employee may wish to continue working up to the expected date of delivery and may do so, if in the opinion of her physician she is able to fulfill her normal job responsibilities. No pregnant employee will be allowed to work in an area that may be hazardous to her health or to that of her child. The employee may be transferred by the Employer if appropriate alternate employment is available.
16.03 An early return to work, excluding the balance of the semester in which the child is born. In no eventfollowing delivery, shall the return date for will require a medical certificate indicating that the employee be other than the beginning of the semester, unless by written approval of the Superintendentis medically fit for work.
4. The leave 16.04 Following the period of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate will normally return to her former position. If this is not possible, she will be placed in an equivalent level of position.
16.05 A period of maternity leave may be extended by applying for an unpaid leave of absence under Article 18, Parental leave under Article 16A or by taking vacation time, if approved by the Board in writing Employer. Such a request will not be unreasonably refused.
16.06 Upon completion of the initial probationary period of continuous employment, a female employee who provides the Employer with proof that she intends has applied for and is eligible to return to work receive Employment Insurance benefits, shall be paid a maternity leave allowance in accordance with a plan registered with the following September. Failure to so notify Canada Employment Insurance Commission as a Supplementary Unemployment Benefit Plan (S.U.B.).
16.07 Under the Board provisions of the S.U.B. plan, the Employee's salary will be deemed to be a waiver by the employee maintained at 95% of her regular weekly earnings for a maximum of 17 weeks of maternity leave. This plan allows the Employer to make up the difference between the C.E.I.C. maternity leave benefits up to 95% of the Employee's regular weekly earnings. The Employee is required to apply for the C.E.I.C. maternity leave benefit and must be eligible for the benefit for this plan to apply (as
16.08 Employees have no vested right to return from maternity leave that yearpayments under the plan except to payments during a period of unemployment specified in the plan (57 (13(h) of the E.I. Regulations).
6. The time spent on maternity leave shall 16.09 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not count toward fulfillment of reduced or increased by payments received under the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityplan.
7. No employee shall 16.10 Employees must apply for and must be removed from her position during pregnancy except upon one in receipt of employment insurance benefits to receive payments under the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancyplan.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All 16:01 In order to qualify for Maternity Leave, a pregnant employees employee must:
(a) Have completed seven (7) continuous months of employment for or with the Centre;
(b) Submit to the Director an application in writing for leave under Maternity Leave at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave; and
(c) Provide the Director with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
16:02 An employee who qualifies is entitled to and shall be granted maternity leave without pay consisting of:
(a) A period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in Article 16:01(c), or
(b) A period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Article 16:01(c) and the actual date of delivery, if delivery occurs after the date mentioned in the certificate and;
(c) The Centre may apply for a vary the length of maternity leave of absence without pay. Upon request, such upon proper certification by the attending physician and acceptance by the Director.
(a) An employee who has been granted maternity leave shall be granted prior permitted to apply to a maximum of ten (10) days of her accumulated sick leave against the anticipated date of birth and continue Unemployment Insurance waiting period.
(b) Should the employee not return to work following her maternity leave for a reasonable period of time employment sufficient to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end allow for re-accumulation of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date number of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventdays granted under subsection (a) above, the employee will be expected to return no later than two (2) years from shall compensate the date of the delivery of the child, excluding employer for the balance of the semester in which outstanding days at the child is borntime of termination. In no event, Approved sick leave with pay granted during the period of return shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentcounted as days worked.
4. The leave 16:04 During the period of absence granted a non-tenured employee hereunder may maternity leave, benefits will not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of returnaccrue. However, on or before March 1 the period of maternity leave will count as service towards eligibility for long service vacation and long service sick leave entitlements.
16:05 Where an employee’s anniversary date falls during the school year in which the employee desires to return from said period of maternity leave, the employee shall indicate be eligible to receive a merit increase effective the Board in writing that date upon which she intends returns to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee her position of her right to return from maternity leave that yearemployment.
6. 16:06 Sections 34 (1.1) through 34 (1.9) inclusive of The time spent on Employment Standards Act respecting maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityapply “mutatis mutandis”.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject by the City in accordance with the following:
2.01.01 To a pregnant employee who is either permanent or has been employed with the City for a period of at least twelve (12) consecutive months, upon the member’s application to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy City. Except in unforeseen and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradictedunpredictable circumstances, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 should no application be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by employee for maternity leave, the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected deemed to request extended have resigned their position and the City will be under no obligation to provide future employment.
2.01.02 Except in the case of employees, as stipulated below, maternity leave a minimum shall be without salary. However, employees on such leave will not lose seniority.
2.01.03 Employees who are members of two months prior the City’s Disability Plans as provided for in this Agreement and provide medical evidence satisfactory to the end City to substantiate their disability for the valid, health-related portion of their pregnancy may, subject to the terms of the current leaveCity of Edmonton Supplemental Unemployment Benefits Plan (SUB PLAN), except when medical considerations occurring during qualify for SUB PLAN benefits for the last two necessitate extending duration of the leaveaforementioned valid, health-related period. In any event, the employee will be expected to return receipt of such SUB PLAN benefits shall commence no later sooner than two (2) years from the date of delivery, subject to the delivery provisions contained in the SUB PLAN. Employees who are members of the childCity’s Disability Plans and who otherwise do not meet the conditions for eligibility for SUB PLAN benefits during the valid, excluding health-related portion of their pregnancy will be governed by the balance terms of the semester City’s Disability Plans.
2.01.04 Maternity leave shall be applied for in writing, at the earliest possible date, but not less than six (6) weeks prior to the date upon which maternity leave is to commence. The employee shall provide the child is bornCity with a medical certificate giving the estimated date of delivery. In no eventSuch leave shall commence at any time up to twelve (12) weeks prior to the estimated date of delivery. If, shall in the return date for opinion of the City, the employee is unable to perform the duties of their position or such alternative position which may be other than available for which they are qualified, and in the beginning absence of any valid, health-related disability attributable to the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leavepregnancy, the employee shall indicate be required to immediately commence maternity leave. An employee who is a member of the City’s Disability Plans and who subsequently experiences a maternity complication related to the Board valid, health-related portion of their pregnancy after the conclusion of the maximum period during which SUB PLAN benefits may be available, shall be entitled to receive the balance of disability benefits paid at the applicable level.
2.01.05 Maternity leave shall be up to fifteen (15) weeks in writing duration, including any valid, health-related portion that she intends may be encompassed during this period. Birth mothers may apply for and be granted up to return thirty-seven (37) additional weeks of unpaid parental leave for a combined total of fifty-two (52) weeks leave.
2.01.06 Whenever the employee is absent for more than the approved period of maternity leave, unless the absence is due to work a maternity complication related to the following September. Failure valid, health-related portion of their pregnancy and is substantiated by medical evidence satisfactory to so notify the Board will City, the employee shall automatically be deemed to be a waiver by the have terminated their employment when said period expires.
2.01.07 An employee of her right to return returning from maternity leave that year.
6within the approved period shall be given the same position, if available, or a comparable position, at the former rate of pay, provided as much notice as possible of return is given to the City. The time spent on maternity leave In any event, said notice shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for senioritybe less than four (4) weeks.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such A maternity leave shall be granted prior available to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to female employees who are pregnant upon the following conditions:
a. An 1. At least sixty (60) calendar days prior to the beginning of the leave, the employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished apply to the Board before if she wishes an employee is permitted to return from maternity unpaid leave.
2. The disability period as certified jointly by the employee application shall be in writing and the Board's physician may be treated as compensable sick leave time at the option request specific beginning and ending dates of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardleave.
3. An employee's return date The Board reserves the right to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For specify the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the beginning and ending date of the delivery leave except the same shall not be in conflict with the doctor's statement of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendenthealth.
4. The Board may grant up to one (1) school year of maternity leave of absence granted a non-tenured employee hereunder may not be extended beyond renewable at the end discretion of the contract school year in which the leave is obtainedBoard.
5. Except as provided aboveAny maternity leave granted will be without pay, no employee shall be barred from returning to duty after however, the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. Howeveremployee, on or before March 1 of the school year in which the employee desires to upon return from said maternity the leave, the employee shall indicate have all previous benefits of this Agreement restored to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be her, but shall not accumulate any benefits while on such a waiver by the employee of her right to return from maternity leave that yearleave.
6. The time spent on provisions of a maternity leave shall not count toward fulfillment exempt an employee from the provisions of the time requirements lay-off procedure contained in this Agreement except the Board shall not be required to give notice of lay-off for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityduration of the maternity leave.
7. No If the employee shall be removed from her position during pregnancy except does not return upon one the expiration of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if maternity leave, she were to continue working, and which physical capacity shall conclusively be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly have resigned unless mutually agreed upon by the Board and the employee prior to said date.
8. Employees returning from a maternity leave shall render a binding opinion furnish medical evidence of their ability to perform their normal work assignments.
9. Employees may make written application for extension of the maternity leave subject to the provisions of the initial request.
10. An employee may make written application to the superintendent for reinstatement prior to expiration of the leave. However, the Board of Education reserves the reasonable right to approve accelerated termination of maternity leaves on the physical capacity to continue workingbasis of each individual case. The expense reasonable right of any examination by the impartial third physician under this paragraph shall Board of Education will be shared equally by grievable.
11. An employee on maternity leave must have her current address on file in the employee and the Boardsuperintendent's office.
Appears in 1 contract
Sources: Professional Services
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of who is pregnant may continue to work as long as she and her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employeefeel she can adequately perform her work. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventmaternity cases, the employee will be expected allowed to use her accrued sick, vacation, and compensatory time credits, if any, during the non- disability period of maternity leave. A pregnancy related disability shall be certified by an attending physician prior to the payment of sick leave benefit to which the employee shall be entitled. If the employee does not have any sick leave credits at the time of disability, or exhausts accrued sick leave credits during the disability period as certified by the attending physician, such employee shall be entitled to appropriate half-pay sick leave in accordance with the employee’s length of service for the period of disability, as certified by the attending physician, to a maximum of six (6) months. The employee has a right to be reinstated in a position of equivalent pay within six (6) months of the first day of disability, which results from pregnancy, subject to the written approval of her attending physician. If the employee’s job function is to be changed upon return no later than from maternity leave, such employee shall receive at least two (2) years from the date weeks of advance notice of the delivery change of job function. During the child, excluding the balance period of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed entitled to be a waiver by all Library benefits as set forth in this Agreement. After the period of disability, the employee may request an unpaid leave of her right absence, the length of which, when combined with the disability period, shall not exceed six (6) months. During the course of unpaid leave, the Library will continue to return from pay its share of the health insurance premium for the term of the maternity leave that year.
leave, not to exceed six (6) months. The time spent on maternity Library is not required to pay for holidays, jury duty leave, bereavement leave, or sick leave shall not count toward fulfillment during the period of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityunpaid leave time.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for Whenever any employee shall become preg nant, she will furnish Temple with a leave certificate from her physician stating the expected date of absence without paydelivery. Upon request, such leave She shall be granted prior permitted to continue to work through the anticipated date term of birth and continue for a reasonable period of her pregnancy, or she may leave at any time during her pregnancy if her physician and/or the Temple employee health physician certifies that she is unable to a specific date following birth.
1con tinue working. Maternity leave shall be granted subject for up to the following conditions:
a. An employee six (6) mouths after delivery or termination of pregnancy and such leave may be extended for an additional six (6) months upon application to, and approval by, Temple. Em ployees who are granted maternity leave under this Agreement, shall notify the Superintendent of her pregnancy by be entitled to return to employment at the end of said leave on the first trimester.following basis:
b. A request for maternity leave shall include a statement from a physician confirming 1. In the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying -event that the position previously held is vacant, then the employee is physically able shall return immed iately to return to duty that position. The said position shall be furnished to the Board before an deemed "vacant" if it is in fact vacant or if it is then being filled by any person other than a regular full-time (non- probationary) employee is permitted to return from maternity leaveunder this Agreement.
2. The disability period In the event that the former position is not "vacant" as certified jointly by heretofore defined, then the said employee and shall be returned to either a comparable job (in which case she shall no longer have any special maternity leave rights) or, if no such job is available, then to a lower rated job, pro vided, however, that the Board's physician may return ing employee shall be treated as compensable sick leave time paid at the option rate of the employeejob held by her prior to the commencement of maternity leave. If, within the proba tionary period for that job, her former position becomes vacant, the returned employee must return to that position or else forego all privileges and options under the Maternity Leave subsection of this Article.
3. In the event that the employee’s physician and returned employee successfully completes the school physician of probationary period for the Board of Education do not agreelower rated job to which she has been assigned, she shall then be entitled to continue in 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time lower rated job at her request former pay until such time as ▇▇▇▇▇▇ has available for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seqa job in her former grade level. The employee will be expected to request extended must then either accept the available job or continue in her lower rated job at the regular rate for such
4. While an employee who has return ed from maternity leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester is work ing in which the child is born. In no event, shall the return date for the employee be an assigned job other than the beginning of position held by her prior to maternity leave, she shall be eligible to bid on job vacancies on the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtainedsame basis as any other employee.
5. Except as provided above, no It is understood that an employee shall be barred who has returned from returning maternity leave and is assigned to duty after a job other than the birth of job held by her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires prior to return from said maternity leave, the employee assigned job shall indicate carry a proba tionary period as to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearsaid em ployee .
6. The time spent on maternity leave shall not count toward fulfillment of When and if the time requirements for acquiring tenure, nor shall it count toward placement on returned employee who is temporarily assigned to a job other than the salary guide or for seniority.
7. No employee shall be removed from job left by her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to maternity leave, leaves the said job for either her pregnancy.
b. Her physical and/or emotional condition former job classification or capacity is such that bids on a new job classification, the vacancy created by her health would will be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce posted as a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician job vacancy under this paragraph shall be shared equally by the employee and the BoardAgreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a An Employee who has completed one (1) year of continuous service before commencing leave, shall be granted up to fifty-two (52) weeks of leave of absence without pay. Upon requestThe fifty-two (52) weeks is comprised of fifteen (15) weeks maternity leave and thirty-seven (37) weeks parental leave. A pregnant Employee should apply for maternity leave as soon as possible prior to her expected date of delivery, such but in any case shall give the Department Head or Supervisor at least six (6)weeks notice in writing of the date on which she intends to commence maternity leave or parental leave. Notice prior to parental leave is not required after maternity leave unless it was originally agreed to only take fifteen (15) weeks of maternity leave. Fathers are also eligible for up to thirty-seven (37) weeks of unpaid parental leave upon the birth or adoption of a child, after completion of one (1) year of continuous service. If both parents are employees, the parental leave may be taken entirely by one of the parents or can be shared between the mother and father. An employee should notify the Department Head or Supervisor as soon as possible, but in any case shall give the Department Head or Supervisor at least six (6) weeks notice in writing of the date on which he intends to commence parental leave. Notwithstanding Article where an Employee is unable to work because of a valid health reason related to her pregnancy, this shall be granted prior to the anticipated date of birth and continue for considered as a reasonable period of time to a specific date following birth.
1. Maternity valid health related absence covered by illness leave shall be granted but subject to the following conditions:
a. provisions of Article An employee shall notify Employee may be required to provide acceptable proof of for entitlement to this provision. In place of Illness leave benefits provided in Article the Superintendent Board will provide a Supplemental Employment Benefit Plan plan) to eligible Employees on maternity leave, provided the period of her pregnancy by leave commences on or before the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes delivery. As soon as practicable, but in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the any event the employee’s physician and the school physician of the Board of Education do not agree, then the employee and later than July 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for submit a reasonable period of time at her written request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of Human Resources Development to establish a plan in a way which meets the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date standard criteria for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth plans and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of specifies the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees 1. Female Administrators shall, upon request, shall be granted maternity leave in accordance with 29 USC Chapter 28, the Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A female Administrator is eligible for maternity leave under the FMLA, if she has been employed full time by the Wellesley School Department for at least twelve months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months.
2. Under the FMLA, female Administrators may apply take up to twelve (12) weeks of leave, and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be designated as FMLA leave, whereas MPLA leave commences upon the birth of the child. In the case of multiple births, the MPLA provides for eight weeks of leave for each child. Except as provided in paragraph 3, below, a female Administrator shall return to work no later than the expiration of the FMLA or MPLA leave period.
3. In addition to leave available under the FMLA and MPLA, a female Administrators may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. Female Administrators on such disability leave shall return to work as soon as she is no longer disabled.
4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a female Administrator may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two school years. A maternity leave of absence without paythat begins in the summer (i.e., child is born in July or August) will be granted the full school year immediately following the birth of the baby. Upon request, such Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced Full‐Time Equivalent (FTE) schedule may be granted on a case by case basis with the approval of the Superintendent of Schools.
5. Female Administrators on maternity leave may apply their accumulated sick leave days or personal days to up to eight (8) weeks of their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a female Administrator may use paid leave are calendar weeks and could include the two (2) weeks prior to the anticipated date of birth and continue birth. Paid leave may only be used for a reasonable period of time to a specific date following birth.
1days during which school is in session. Maternity Otherwise, maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimesterwithout pay or increment.
b. A request 6. If, for maternity documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged are required up to coincide with changes in semester. Where medically contradictedan additional four (4) weeks, the parties shall arrange other leave dates in consideration Administrator must provide the Director of both Human Resources with medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months documentation prior to the end of the current her original maternity leave, except when medical considerations occurring during the last .
7. The Administrator must give at least two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the weeks notice of her anticipated date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendentdeparture and intention to return.
48. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to Upon return from said maternity leaveleave taken under this provision, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior returned to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingprevious position unless there has been a reduction in force, and in which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by case the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.provisions of
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All 16.5.1 The Employer shall, upon the request of a pregnant employees may apply for full or part-time salaried Employee who is employed at the time of application, and who provides a leave medical certificate indicating the expected birth date, grant the Employee seventeen (17) weeks or up to the expiry of absence without payher employment contract, whichever is less, of unpaid maternity leave. Upon requestA stipendiary Employee who is employed at the time of application, such leave and who provides a medical certificate indicating the expected birth date shall be granted prior to the anticipated date of birth and continue an unpaid pregnancy leave for a reasonable period not to exceed the duration of time to a specific date following birthher employment contract.
1. Maternity leave 16.5.2 The Employee shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A make a written request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted Executive Director at least four (4) weeks prior to return from maternity the commencement of her leave.
216.5.3 The four (4) weeks’ notice shall not apply if the Employee stops working because of complications due to her pregnancy or because of a birth, stillbirth, or miscarriage that happens earlier than the Employee was expected to give birth. The disability period as certified jointly by In such circumstances the employee and the Board's physician may be treated as compensable sick leave time at the option Employee shall give such notice of the employee. In commencement of her leave as is reasonably possible under the event the employee’s physician and the school physician circumstances.
16.5.4 The reinstatement of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion Employee shall be conclusive and binding on in accordance with The Employment Standards Code, C.C.S.M., c. E110, as amended from time to time. Upon return to work from a maternity leave, an Employee shall resume her former position unless the issue of medical capacity to perform work duties. In the event of the inability of the employee and the Board to agree upon the appointment of the third physician, such Employee’s appointment(s) have expired.
16.5.5 An Employee who has not been granted a further appointment shall be made by entitled to a maternity leave that may extend up to but not beyond the Monmouth County Medical Societyexpiry of the Employee’s specified employment term with the Employer. The expense of any examination by an impartial third physician An Employee who has been granted a further consecutive appointment shall be shared equally by entitled to the employee leaves and the Boardbenefits as set out in this Article.
3. An employee's return date to employment shall be extended for 16.5.6 During a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, provisions for alternative arrangements for fulfilling the employee Employee’s duties shall indicate to be the Board in writing that she intends to return to work responsibility of the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave Employer and shall not count toward fulfillment be the responsibility of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniorityEmployee concerned.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant Pregnant employees may apply for be granted a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditionsprovisions:
a. An When a pregnancy is confirmed, the employee shall notify her immediate supervisor;
b. The employee shall be allowed to continue her normal work duties provided that she is able to perform her normal duties without endangering her health, the Superintendent health of her unborn child, or the lives or health of her fellow workers;
c. The Department Head may at any time, request a physician’s statement regarding the advisability of continued employment during the pregnancy of the employee;
d. Beginning at the fourth (4th) month of pregnancy, the employee shall be required to present a physician’s statement to her immediate supervisor regarding her ability to continue her normal work. Such statements shall be submitted monthly thereafter, and filed in the employee’s department file. At any time the Department Head determines that medical evidence indicates that continued employment may be harmful to the health and safety of the employee, the unborn child, or the employee’s fellow workers, the employee, at the employee’s discretion, shall be:
1. Placed on leave status using accumulated vacation or sick leave under the provisions of Article 19 and/or this Article; or
2. Placed on maternity leave if all accumulated vacation leave, and sick leave has been expended; or
3. Placed on temporary disability leave under the provisions of Section 5; or
4. Allowed to resign from City employment.
e. Maternity leave may be granted for a period not to exceed six (6) months, subject to receipt of proper medical documentation upon request by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying Department Head that the employee is physically able unable to perform her normal job duties;
f. An employee on maternity leave shall notify the Department Head two (2) weeks in advance of her intention to return to duty work. The employee shall be furnished provide a physician’s statement that she is able to the Board before an resume her normal duties. An employee is permitted to return returning from maternity leave.
2. The disability period as certified jointly leave will be restored to her former position, if still qualified to perform those duties, at the same step and pay grade held by the employee and the Board's physician may be treated as compensable sick leave time at the option of time maternity leave was initially granted. If unable to perform the employee. In the event the employee’s physician and the school physician of the Board of Education do not agreeformer duties, then the employee may apply for any vacant position with the City that is being advertised and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion shall authorized to be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seqfilled. The employee will be expected allowed the same hiring preference for the vacant position as other City of Norman employees; and
g. Employees are encouraged to request extended use sick leave a minimum of two months prior or vacation for maternity or paternity purposes as authorized under those Contract Articles. However, if the employee chooses not to the end of the current use paid leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee then maternity leave and paternity leave will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is bornwithout pay. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which If the leave is obtainedwithout pay, then annual and sick leave will not accrue during maternity or paternity leave.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees (a) An employee must provide notice to the company in advance of the expected date of commencement of parental leave. The notice requirements are:
(i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;
(ii) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.
(b) When the employee gives notice under 6.7.4(a)(i) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
(c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
(d) Subject to 6.7.3(a) and unless agreed otherwise between the company and employee, an employee may apply for a commence parental leave of absence without pay. Upon request, such leave shall be granted at any time within six weeks immediately prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated expected date of birth.
c. Exact dates (e) Where an employee continues to work within the six week period immediately prior to the expected date of the leave will be arranged to coincide with changes in semester. Where medically contradictedbirth, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that or where the employee is physically able elects to return to duty shall be furnished work within six weeks after the birth of the child, an company may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
(f) Special maternity leave
(i) Where the Board before pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(ii) Where an employee is permitted suffering from an illness not related to return from the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
2(iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The disability period as certified jointly aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by the employee and the Board's physician a spouse, may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardexceed 52 weeks.
3. An employee's return date to employment shall be extended for a reasonable (g) Where leave is granted under 6.7.4(d), during the period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, leave an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureat any time, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion as agreed between the Board's physician and the employee's physician, a physician selected jointly by the Board company and the employee shall render a binding opinion on provided that time does not exceed four weeks from the physical capacity to continue working. The expense of any examination recommencement date desired by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardemployee.
Appears in 1 contract
Sources: Workplace Agreement
Maternity Leave. All pregnant employees may apply for a Maternity Leave will be consistent with the Stand Act. AMENDED The employee shall be paid, upon request, all vacation pay accruing to the commencement of the leave of absence without payabsence. Upon request, such Application for leave shall be granted in writing stating the period of leave requested, signifying the date on which the employee wishes to cease work. Return date shall be verified in writing four (4) weeks prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1return. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request Application for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished forwarded to the Manager of Employee Relations at least three (3)months prior to confinement or when leave is to start. Employees taking leave under this Article will have the Board before an employee is permitted to return from maternity leave.
2maintain its share of fringe benefits for a maximum of seventeen (17)weeks. The disability period as certified jointly After seventeen (17)weeks, employees may maintain benefit coverage by paying premiums in advance or by a method of payment mutually agreed upon by the employee and the Board's physician may be treated as compensable sick leave time at the option Supervisor of the employeePayroll Department. In Employees on maternity leave as outlined in clause who are in receipt of Unemployment InsuranceCommission Pregnancy benefits, will be entitled to be paid by the event Board for the employee’s physician and two (2)week waiting period, an amount equivalent to that being paid by the school physician Unemployment InsuranceCommission Act. Leave shall be available to employees covered under this Agreement who adopt a child. Advance notification of at least three (3) months shall be given to the Board of Education do not agreeintent to adopt on the understanding that it may be necessary for the employee to cease duties immediately the child becomes available, then in which case the immediate supervisor shall make such accommodations that are mutually acceptable to the employee and the Board shall mutually agree upon the appointment immediate supervisor. No period of an impartial third physician whose medical opinion leave shall be conclusive and binding on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician one year. After one (1) year's leave, it is understood that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on ceases to be part of the physical capacity to continue working. The expense of any examination by the impartial third physician staff covered under this paragraph Agreement, and is considered to have resigned. Minimum leave shall be shared equally by the employee and the Boardseventeen (17) weeks, six (6) of which shall be prior to delivery.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply Pregnancy shall not constitute cause for a dismissal. Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Unemployment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Unemployment Insurance Act or any wage loss replacement plan. Employees shall be granted maternity leave of absence without pay. Upon requestLeave of absence for maternity may be taken for a period not to exceed thirty (30) weeks. For the first (1st) twenty (20) days of such leave, such the employee shall be entitled to the benefits applicable to other leaves of absence. For the balance of an eighteen (18) week period, i.e.; eighteen (18) weeks less twenty (20) days, the employee shall be entitled to the maternity leave benefits set forth in the Employment Standards Act. The balance of a maternity leave shall be granted prior without pay or benefits. The duration of the maternity leave of absence before confinement and subsequent to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave confinement shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the employee and the Board Employees 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 make every effort to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time give at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months least fourteen (14) days' notice prior to the end commencement of maternity leave of absence without pay and employees shall give at least fourteen (14) days' notice of their intention to return to work prior to the termination of the current leave, except when medical considerations occurring during leave of absence. If an employee is unable or incapable of performing her duties prior to the last two necessitate extending commencement of the leave. In any eventmaternity leave of absence without pay, the employee will may be required to take unpaid leave of absence. The Employer may require the employee to provide a doctor's certificate indicating the employee's general condition during pregnancy along with the expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is bornconfinement. In no event, shall the Upon return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leavework, the employee shall indicate continue in her former position without loss of perquisites accumulated up to the Board in writing that she intends to return to work date of commencement of the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearof absence without pay and subject to the provisions of Article 7.03.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply 52.1. An employee who gives birth is entitled to be absent for 52 weeks on maternity leave as provided for under the Maternity Leave (Commonwealth Employees) Act 1973.
52.2. An eligible employee is entitled to extend this period up to a maximum of one hundred and thirty (130) weeks leave of absence without pay. Upon request, such leave shall be granted prior to (including the anticipated date of birth and continue for a reasonable period of time mandatory absence, any period of paid or unpaid leave and public holidays). An employee who is absent on maternity leave without pay or on a period of mandatory maternity leave will not be entitled to a specific date following birthaccess the parental leave provisions.
152.3. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify who is entitled to paid leave under the Superintendent Maternity Leave (Commonwealth Employees) Act 1973 is also entitled to an additional four weeks of her pregnancy by the end of paid maternity leave to be taken immediately following the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date 12 weeks of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
252.4. The disability period To be eligible to receive paid maternity leave, an employee must have 12 months of recognised continuous service, as certified jointly by defined under the Maternity Leave (Commonwealth Employees) Act 1973.
52.5. An eligible non-ongoing employee and on maternity leave may access maternity leave arrangements until her contract of employment expires, or the Board's physician may be treated maternity leave ceases, whichever occurs first.
52.6. Periods of paid leave during maternity leave will count as compensable sick service for all purposes. Periods of unpaid maternity leave time at the option of the employee. In the event will not count as service for any purpose (leave credits will not accrue), but do not break the employee’s physician and the school physician continuity of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardservice.
352.7. An employee's return date to employment shall be extended To provide for a reasonable period more flexible administration of time at her request for reasons associated with pregnancy related disability. For the purpose of child carematernity leave, an eligible employee may extend her unpaid leave through convert the Family Leave Act, N.J.S.A. 34:11B-1, et16 weeks of full pay to 32 weeks half pay. seqA maximum of 16 weeks will count as service for all purposes.
52.8. The mandatory period of absence, as defined under the Maternity Leave (Commonwealth Employees) Act 1973, will apply except where an employee will be expected to request extended leave provides the delegate with a minimum of two months prior to certificate given by a medical practitioner certifying that, in the end opinion of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any eventpractitioner, the employee will continue to be expected fit for duty until a specified date. The delegate may give the employee permission, in writing, to return no later than two (2) years from continue to perform duty until and including that date.
52.9. An employee previously employed by a State or Territory Government who is eligible for paid maternity leave in accordance with Clause 48.3 will receive identical conditions to those set out above.
52.10. Details on the date administration of the delivery of leave are contained in the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the SuperintendentAuthority’s Leave Policy.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. All A pregnant employees may apply employee shall qualify for a maternity leave after six calendar months have passed from the date she commenced employment.
(a) Upon request the employee will be granted leave of absence without pay. Upon request, such pay for a period of not more than six months.
(b) The period of maternity leave without pay shall be granted prior to from nine weeks before the anticipated expected date of birth and continue for a reasonable period termination of time to a specific date following birththe pregnancy.
1. Maternity leave shall be granted subject to (c) The Employer shall, with the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option agreement of the employee, defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner. In Where an employee who is at work becomes ill or injured following the event the employee’s physician and the school physician commencement of the Board of Education do not agreenine week period in (b) above, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician whose medical opinion such illness or injury shall be conclusive and binding on the issue of medical capacity to perform work duties. In the event covered by application 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a nonShort-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except Term Illness or Injury Plan as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist iffollows:
(1) The pregnant employee fails Where the illness or injury is not directly related to produce a certification when requested by the Administration from her physician that she is medically able condition of pregnancy, STIIP coverage may extend to continue working, orthe scheduled date of commencement of maternity leave.
(2) The Board's physician and Where the employee's physician agree that she cannot continue working, or
(3) Following any difference illness is caused through an abnormal condition of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board pregnancy and the employee shall render a binding opinion on returns to work before the physical capacity to continue working. The expense scheduled commencement date of any examination maternity leave, the period of absence will be covered by the impartial third physician under this paragraph STIIP.
(d) On return from maternity leave, an employee shall be shared equally by placed in her former position or in a position of equal rank and basic pay.
(e) The Employer shall maintain coverage for medical, extended health, dental, group life, and Long-Term Disability, and shall pay the Employer's share of these premiums.
(f) Notwithstanding Clauses 18.1(b) and 18.6, vacation entitlements and vacation pay shall continue to accrue while an employee is on maternity leave for the first six months of maternity leave providing the employee and returns to work for a period of not less than six months. Vacation earned pursuant to this clause may be carried over to the Boardfollowing year, notwithstanding Clause 18.6.
(g) Maternity leave for employees in their first six calendar months of employment shall be in accordance with the Employment Standards Act.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All A pregnant employees may apply for teacher can teach as long as she feels she is doing a competent job. She can, however, be removed from her duties if in the opinion of the Administration and approval of the Board, her teaching performance has noticeably declined or on a doctor’s order. Any pregnant teacher will be granted a leave of absence without pay. Upon request, such leave shall be granted prior to The Board will take the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty teacher back after the birth of the child during the same school year. A written letter to the Board giving thirty (30) days notice of the teacher’s intent to return to her teaching duties should precede acceptance by the Board. Tenured teachers may take one additional school year for child solely on rearing leave. The teacher must give written notice sixty (60) days prior to the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 commencement of the school year in which she intends to return. All policies, practices, rules and regulations applicable to employees who are granted sick leave pursuant to the provisions of N.J.S.A. 18A:30-1, et seq. shall be applicable to all employees applying to leave under this Article. Any employee desires who becomes pregnant may be granted an unpaid leave of absence for pregnancy-related disability subject to return from said the following condition:
1. The period of disability is defined as the period of time, both prenatal and postnatal, during which a physician certifies the employee’s inability to work.
2. Application for maternity disability leave shall be made, in writing, at least sixty (60) days prior to the requested date of the leave, and shall specify the commencement date of the leave and the date on which the employee shall indicate return to work. All applications must be supported by a certificate from the Board in writing attending physician.
3. An employee returning from a maternity disability leave shall provide a certificate from the attending physician stating that she intends is fit to return to work the following Septemberresume work. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time Time spent on maternity unpaid leave of absence shall not count toward fulfillment the accrual of the time requirements for acquiring seniority or tenure, nor . The year in which an unpaid leave of absence is granted shall it not count toward placement on earning of an increment unless the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon has worked a total of five (5) months and one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by day during the Administration from her physician that she same year as the leave is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardgranted.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees While an employee may apply use sick and FMLA time for a maternity, an employee who continues to be disabled by conditions related to maternity shall have the right to return to active employment if the leave is limited to the period of disability if it continues beyond the period otherwise allowed by law. : Unpaid leaves of absence without payfor reason of child birth shall commence no sooner than four (4) weeks before the expected birth date unless the District is provided medical proof of the necessity to discontinue employment sooner. Upon requestThe employee may, such leave shall be granted prior if she so desires, work as long as she is able to perform the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent essential functions of her pregnancy by the end job. The employee is expected to return to work within eight (8) weeks of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates birth of the leave will be arranged to coincide with changes in semester. Where medically contradictedchild, the parties shall arrange other leave dates in consideration of both unless medical evidence and administrative feasibility.
d. A statement from a physician certifying proof is provided which indicates that the employee is physically able unable to return to duty shall be furnished to perform the Board before an employee is permitted to return from maternity leave.
2essential functions of her job duties. The disability period as certified jointly District reserves the right to confirm any medical proofs required herein by physical examinations performed by a physician appointed by the employee District and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, then the employee and the Board shall mutually agree upon the appointment of an impartial third physician Association whose medical opinion shall be conclusive and binding on the issue final. : The length of medical capacity to perform work duties. In the event permitted leaves of the inability of the employee and the Board to agree upon the appointment of the third physician, such appointment absence for pregnancy shall be made by the Monmouth County Medical Societycontrolled as above set forth. The expense of any examination by District will not employ a replacement for an impartial third physician shall be shared equally by employee on maternity leave but will fill the employee and the Board.
3vacancy on a temporary basis with a substitute. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall Before the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to give the Board in writing that District twenty (20) days’ notice of such return, and, upon her return, she intends to shall return to work her former position with no loss of seniority or fringe benefits as a result of the following Septembermaternity leave. Failure to so notify : The Family and Medical Leave Act may apply in place of leave provisions stated above. : ADOPTION LEAVE: Employees adopting children may avail themselves of the Board will be deemed to be a waiver by the employee of her right to return from leave designated as maternity leave that year.
6for purposes of caring for and acclimating themselves with their newly-adopted child. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee There shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingno extension, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue workinghowever, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardmaternity leave.
Appears in 1 contract
Sources: Bargaining Agreement
Maternity Leave. All 7.6.1 An employee shall be afforded a maternity leave of absence provided she follows the procedures outlined in this section.
7.6.2 An employee who is pregnant employees may apply for shall either submit a written resignation or request a leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted in writing subject to the following conditions:provisions of this article.
a. An 7.6.3 A pregnant employee shall notify the Superintendent of her pregnancy by Human Resources in writing no later than the end of the first trimesterfourth (4th) month of pregnancy, and at that time, provide a physician's statement indicating the estimated date of delivery of the child.
b. A 7.6.4 The employee shall submit a written request to Human Resources for a maternity leave shall include including commencement date and return date, or, if the employee so elects, a statement from a physician confirming written resignation pursuant to the pregnancy and anticipated dates recommended by Human Resources under Section 7.6.5 hereof.
7.6.5 The effective beginning date of birth.
c. Exact dates such leave of absence and its duration, or resignation, if the employee so elects, shall be submitted by Human Resources to the School Board for its action. In recommending the date of commencement and duration of the leave will be arranged of absence or the effective date of the resignation, Human Resources shall review each case on its individual merits.
7.6.6 In making a determination under Section 7.6.5 concerning the commencement and duration of a maternity leave of absence or resignation, if the employee elects to coincide with changes in semester. Where medically contradictedresign, the parties School Board shall arrange other not, in any event, be required to:
▇. ▇▇▇▇▇ any leave dates of absence more than twelve (12) months in consideration of both medical evidence and administrative feasibility.duration,
d. A statement from a physician certifying that b. permit the employee is physically able to perform her duties within thirty (30) days after the actual date of delivery, or
c. permit the employee to return to duty shall be furnished her employment prior to the Board before an employee is permitted to return from date designated in the request for a maternity leave.
2. The disability period as certified jointly 7.6.7 If the employee complies with all provisions of the article and a maternity leave is granted by the employee and School Board, the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the School Board of Education do not agree, then shall notify the employee and the Board shall mutually agree upon the appointment in writing of an impartial third physician whose medical opinion its action.
7.6.8 An employee returning from maternity leave shall be conclusive and binding re-employed in the same position or one for which she is qualified, the first case the primary consideration provided:
a. that the position has not been abolished
b. that she is not physically or mentally disabled from performing the duties of such position, or
c. that she returns on the issue of medical capacity to perform work duties. In date designated on the event of request for leave approved by the inability School Board
7.6.9 Failure of the employee and to return pursuant to the Board to date determined in this article, without validated medical reason, shall constitute grounds for termination of employment in the School District.
7.6.10 The parties agree upon that the appointment periods of time for which the employee is on maternity leave of absence shall not be counted in determining the completion of the third physician, such appointment shall be made by the Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Boardprobationary period.
3. 7.6.11 An employee's return date to employment employee who returns from maternity leave within the provisions of this article shall be extended for a reasonable period retain all previous experience credit and unused time accumulation under the provision of time this Agreement at her request for reasons associated with pregnancy related disability. For the purpose commencement of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semesterleave. The employee shall not accrue additional experience credit while on maternity leave.
7.6.12 An employee on maternity leave is eligible to participate in group insurance programs if permitted under the insurance policy provisions, unless by written approval but shall pay the entire premium for such programs as she wishes to retain, commencing with the beginning of the Superintendentmaternity leave. The right to continue participation in such group insurance programs will terminate if the employee does not return to the School District pursuant to this article.
4. 7.6.13 The parties further agree that any maternity leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee under this article shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that yearwithout pay.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Master Contract
Maternity Leave. All pregnant (The following clause is applicable to employees may apply for a only) Maternity leave of absence without pay. Upon request, such leave shall will be granted prior to in accordance with the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end provision of the first trimester.
b. A request Employment Standards Act 1974,'except where amended in this provision. The service requirement for eligibility for maternity leave shall include a statement from a physician confirming be months of continuous service. The employee shall give written notification one month prior to the pregnancy and anticipated date of birth.
c. Exact dates commencement of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her Doctor's certificate as to pregnancy and expected date of delivery. An employee on maternity leave as provided under this agreement who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be arranged equivalent to coincide with changes the difference between seventy-five per cent (75%) of her regular weekly earnings and the sum of her weekly Unem- ployment Insurance benefits and any other earn- ings. Such payment shall commence following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the Unemployment Insurance cheque stub as proof that she is in semester. Where medically contradictedreceipt of Unemployment Insurance pregnancy benefits, the parties and shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that continue while the employee is physically able to return to duty in receipt of such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be furnished determined by multiplying her regular hourly rate on her last day worked prior to the Board before an employee is permitted to return from maternity leave.
2commencement of the leave times her normal weekly hours. The disability period as certified jointly employee has the right to extend the maternity leave to six months in total. Written notice by the employee and to extend the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than given at least two (2) years weeks prior to the termination of the initially approved leave. This notice requirement will be shortened in circum- stances where medical complications occur in the two weeks prior to the termination of the initially approved leave. Effective October credits for service shall accumulate while an employee is on maternity leave for the initial seventeen (17) weeks from the the leave on the basis of what the employee's normal regular hours of work would have been. When a maternity leave is granted by the Hospital, an employee who is granted such leave shall not lose her seniority and shall accumulate seniority on the basis of what her normal regular hours of work would have been. The employee shall reconfirm her intention to return to work on the date of originally provided to the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless Hospital above by written approval of notification to be received by the Superintendent.
4Hospital at least two weeks in advance thereof. The leave of absence granted a non-tenured employee hereunder may not be extended beyond Subject to any changes to the end of the contract school year in employee's status which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has would have occurred had she not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate be reinstated to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureformer duties, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of same shift in the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingsame department, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by at the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference same rate of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpay.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees 30:01 An employee who qualifies for maternity leave may apply for such leave in accordance with either Plan A or Plan B but not both.
30:02 Every pregnant employee:
(a) Who has completed seven (7) continuous months of employment for or with the Employer;
(b) Who submits to the Employer an application in writing for leave under this section at least four (4) weeks before the day specified by them in the application as the day on which they intend to commence such leave; and
(c) Who provides the Employer with a certificate of a duly qualified medical practitioner certifying that they are pregnant and specifying the estimated date of their delivery; is entitled to and shall be granted maternity leave without pay consisting of:
(d) a period not exceeding twenty (20) weeks if delivery occurs on or before the date of absence without pay. Upon requestdelivery specified in the certificate mentioned in clause (c); or
(e) a period of twenty (20) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in clause (c) and the actual date of delivery, such if delivery occurs after the date mentioned in that certificate;
(f) subject to clause (g), a compulsory period of six (6) weeks immediately following the actual date of delivery;
(g) the Employer may vary the length of maternity leave upon proper certification by the attending physician.
30:03 Sections 52 through 59 inclusive of the Employment Standards Code respecting Maternity and Parental Leaves shall apply ““mutatis mutandis””.
30:04 An employee who has been granted maternity leave shall be granted prior permitted to apply up to a maximum of five (5) days of their accumulated sick leave against the Employment Insurance wait period.
(a) In the week immediately following the discontinuation of payments of Employment Insurance Maternity benefits if the employee does not receive Employment Insurance Parental Benefits; or
(b) In the week immediately following the discontinuation of payments of Employment Insurance Parental benefits, if the employee receives Employment Insurance Parental benefits immediately following the discontinuation of Employment Insurance Maternity benefits. Should an employee not be required to serve any waiting period before the commencement of Employment Insurance benefits, they will be permitted to apply up to ten (10) days of their accumulated sick leave as in paragraph (a) or (b) above.
30:05 Effective the latter of:
(a) The bi-weekly pay period following the date of signing, or
(b) The date upon which the employee is eligible for Employment Insurance Maternity benefits; and limited to maternity leaves commencing on or after that date, the provisions of Plan B will come into effect.
30:06 In order to qualify for Plan B a pregnant employee must:
(a) Have completed seven (7) continuous months of employment with the Employer;
(b) Submit to the anticipated Employer an application in writing, for leave under Plan B at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;
(c) Provide the Employer with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of birth her delivery;
(d) Provide the Employer with proof that they have applied for Employment Insurance benefits and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that Service Canada has agreed that the employee has qualified for and is physically able entitled to such EI benefits pursuant to the Employment Insurance Act.
30:07 An applicant for Maternity Leave under Plan B must sign an agreement with the Employer providing that:
(a) They will return to work and remain in the employ of the Employer on a full-time basis for at least six (6) months following their return to work, unless they have pre-arranged to return to duty shall work on a less than full-time basis.
(i) When a full-time employee returns to work on a scheduled part- time basis or to a job-sharing arrangement (should the Parties agree to such an arrangement), they will be furnished required to work the equivalent of six (6) months service within a fifteen (15) month period.
(b) They will return to work on the date of the expiry of their maternity leave unless this date is modified by the Employer, and
(c) Should they fail to return to work as provided under (a) and/or (b) above, they are indebted to the Board before an employee is permitted to return Employer for the full amount of pay received from the Employer as a maternity allowance during their entire period of maternity leave.
2. 30:08 An employee who qualifies is entitled to a maternity leave consisting of:
(a) A period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in Section :07 (c), or
(b) A period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Section :07 (c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate;
(c) The disability period as certified jointly Employer may vary the length of maternity leave upon proper certification by the attending physician.
30:09 During the period of maternity leave, an employee who qualifies is entitled to a maternity leave allowance in accordance with the SUB plan as follows:
(a) For the first one (1) week an employee shall receive ninety-three percent (93%) of their weekly rate of pay;
(b) For up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the EI benefits the employee is eligible to receive and ninety-three percent (93%) of their weekly rate of pay.
(c) For the Board's physician week immediately following the discontinuation of payments for Employment Insurance Maternity benefits, an employee shall receive ninety-three percent (93%) of their weekly rate of pay provided the employee does not receive Employment Insurance Parental Benefits immediately following the exhaustion of the Employment Insurance Maternity Benefits. Should an employee not be required to serve any waiting period before the commencement of Employment Insurance benefits, the benefits under paragraph (1) above will be paid in the week following payment in paragraph (c).
(d) All other times as may be treated as compensable provided under Section 30:08 shall be on a leave without pay basis.
30:10 Plan B applies only to full-time and part-time employees.
30:11 During the period of leave, sick leave time and vacation benefits will not accrue.
30:12 Sections 52 through 59 inclusive of The Employment Standards Act respecting maternity leave shall apply ““mutatis mutandis””.
(a) In order to qualify for parental leave, an employee must:
(i) be the natural parent of a child; or
(ii) adopt a child under the law of a province.
(b) An employee who qualifies under (1) must:
(i) have completed seven (7) continuous months of employment; and
(ii) submit to the Employer an application in writing for parental leave at least four (4) weeks before the option day specified in the application as the day on which the employee intends to commence the leave.
(c) An employee who qualifies in accordance with 30:13 (a) and (b) is entitled to parental leave without pay for a continuous period of up to sixty-three (63) weeks.
(d) Subject to Article 30:13 (e) parental leave must commence no later than eighteen (18) months of the birth or adoption of the child or the date on which the child comes into the actual care and custody of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date (e) Where an employee takes parental leave in addition to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to must commence the Board in writing that she intends to parental leave immediately on expiry of the maternity leave without a return to work the following September. Failure to so notify the Board will be deemed to be a waiver unless otherwise approved by the employee of her right to return from maternity leave that yearEmployer.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply (a) A regular employee shall be eligible for up to seventeen (17) weeks maternity leave to be taken in accordance with the Employment Standards Act. At the request of the employee, the Society will provide the employee with a written statement of conditions applying to maternity leave.
(b) In order to be eligible for a leave of absence without pay. Upon requestabsence, such leave a pregnant employee shall be granted prior have a medical certificate completed by their physician and submitted to the anticipated date of birth and continue for a Employer as soon as is reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to within the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first second trimester.
b. A request for maternity (c) Employees will notify the Society at least four (4) weeks in advance of the date on which the employee intends to begin their leave shall include a statement from a physician confirming of absence. An employee may alter, but only once, the pregnancy and anticipated date of birth.
c. Exact dates commencement of the their leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished absence by providing written notice to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return Society no later than two (2) years from weeks prior to the date they originally wished to commence their leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy they shall, on the recommendations of their physician, commence their leave of absence immediately.
(d) Once the employee has commenced their leave of absence the employee will not be permitted to return to work during the six (6) week period following the date of delivery unless the delivery employee requests a shorter period.
(e) A request for shorter period under subsection (d) shall be given in writing to the Employer at least one (1) week before the date the employee proposes to return to work, and if required by the Employer, be accompanied by a medical practitioner’s certificate stating the employee is able to resume work.
(f) Should the employee suffer mental or physical illness as a result of childbirth they may, upon presenting to the Company a medical report from their physician, apply to the Society for an extension of the childfifty-two (52) weeks leave of absence, excluding to a date recommended by the balance physician.
(g) Where an employee gives birth, or the pregnancy is terminated before a request for a leave is made, the Society shall, on the employee’s request and on receipt of the semester in which the child is born. In no event, shall the return date for a medical certificate stating the employee be other than has given birth or that the beginning of pregnancy was terminated, grant the semester, unless by written approval of the Superintendent.
4. The employee leave of absence from work without pay for a period of six (6) weeks, or a shorter period as the employee requests.
(h) Where an employee has been granted a non-tenured employee hereunder may not be extended beyond maternity leave and is for reasons related to the end birth or termination of the contract school year pregnancy as certified by a medical practitioner, unable to work or return to work after the expiration of the leave, the Society shall grant to the employee further leaves of absence from work without pay, for a period specified in which the leave is obtainedone or more certificates but not exceeding a maximum of six (6) weeks.
5. Except as provided above, no employee (i) Employees desiring to return to regular employment following maternity leave shall be barred from returning notify the Society at least thirty (30) days prior to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on return or before March 1 thirty (30) days prior to the expiry date of the school year maternity leave. In special circumstances, an employee may request a return prior to six (6) weeks following the date of delivery. This request must be given in which writing to the Company at least one (1) week before the date that the employee desires indicates they intends to return to work and the employee must furnish the Society with a certificate of a medical practitioner stating that the employee is able to resume work.
(j) On return from said maternity leave, the employee shall indicate will be reinstated in their former position and receive the same wage rate and benefits as they received prior to such leave including any wage increases and improvements to benefits to which the employee would have been entitled had the leave not been taken.
(k) The Society will not terminate an employee or change a condition of employment of an employee because of the employee’s pregnancy or maternity leave unless the employee is absent for a period exceeding the permitted leave.
(l) If the employee elects to continue to pay their share of the premium cost of the benefit plans then the Society will continue to pay the employer’s portion of the benefit premiums while their on leave.
(m) It is agreed in work situations where the Society has concern about the ability of the employee to perform their work because of pregnancy, the Society may request the employee provide a statement from their doctor confirming they’re medically fit to perform the work. It is also agreed the Society, at the time of such request, may forward to the Board in writing that she intends employee’s physician, a mutually agreed upon description of the employee’s duties and responsibilities. Any costs associated with obtaining the medical certificate shall be reimbursed by the Society.
(n) When an employee on maternity leave fails to notify the Society of their desire to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenurein accordance with (i) above, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant when an employee fails to produce a certification when requested by the Administration from her physician that she is medically able return to continue workingwork after giving notice, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between ’s supervisor may elect to fill the Board's physician and resulting job vacancy without bulleting the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.job by:
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for A administrator shall be granted a maternity leave of absence without pay. Upon request, such leave shall be granted prior to the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end of the first trimester.
b. A request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2. The disability period as certified jointly by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time become effective at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected discretion and to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later terminate not more than two (2) years from the effective date of the delivery commencement of said leave. A request for maternity leave shall be made in writing thirty (30) days prior to the effective date of the childcommencement of said leave. If requested by the Superintendent of Schools, excluding the balance administrator shall submit a certificate from her physician attesting as to her ability to perform her duties. Such leave shall commence wherever possible at a time corresponding with the beginning of the semester in which the child is born. In no eventyear, shall the return date for the employee be other than the beginning of the semester, unless by written approval or a vacation period, provided that up to that time the member of the unit can in the opinion of her physician and the Superintendent.
4, perform her duties. Maternity leave may be extended by agreement of the Superintendent and the member of the unit involved. This leave may be extended by agreement of the Superintendent in order that members of the unit who obtain maternity leave under this section, will return from this leave at the beginning of a semester or after a school vacation period. Substitutes will normally be employed on a semester basis to fill such maternity leaves. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end member of the contract unit should notify the Superintendent in writing by April 1 in the calendar year in which her maternity leave expires, of her intention to return in August or her intention to retire from the school system. In the event of the termination of the pregnancy, the member of the unit may make a written application for reinstatement prior to the previously established date for the termination of the leave. Such application shall be accompanied by a physician's statement of good health. Such application may be granted by the Superintendent in the case of an acceptable vacancy. An administrator returning from an extended leave under the provisions of Section 3 will be placed on the salary schedule if she had been actively employed by the ▇▇▇▇▇▇▇▇ School System for more than ninety-one (91) days in the school year in which the leave commenced. She will be assigned to a school where a vacancy for which she is obtained.
5qualified exists. Except as provided above, no employee Each administrator absent due to maternity shall be barred from returning entitled to duty after use up to 40 days of accrued sick leave for the birth period of her child solely on such leave (limited by the ground that there has not been a time lapse between the birth and her desired date amount of returnsick leave previously accrued by such administrator). However, on or before March 1 of In determining such sick leave only school days shall be counted against such 40 days during the school year in which year, but the employee desires to return from said maternity period of summer break will interrupt and terminate eligibility for such sick leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. All pregnant employees may apply for a Maternity leave of absence without pay. Upon request, such leave shall w i l l be granted prior to in accordance with the anticipated date of birth and continue for a reasonable period of time to a specific date following birth.
1. Maternity leave shall be granted subject to the following conditions:
a. An employee shall notify the Superintendent of her pregnancy by the end provision of the first trimester.
b. A request Standards Act, except where amended in this provision. The service requirement for for maternity leave shall include a statement from a physician confirming be months of continuous service. The employee shall give written notification one (1) month leave together with her expected date of At such time she shall also furnish the Hospital w her Doctor's certificate as to pregnancy and anticipated date of birth.
c. Exact dates delivery. An employee on maternity leave as under this agreement who is receipt of Unemployment pregnancy pursuant to Section of the Insurance Act, benefit will be equivalent to the difference between five per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave will be arranged to coincide with changes in semester. Where medically contradicted, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to the Board before an employee is permitted to return from maternity leave.
2times her normal weekly hours. The disability period as certified jointly employee has the right to extend the maternity leave to six months total. Written notice by the employee and to extend the Board's physician may be treated as compensable sick maternity leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree, 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 perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of given at least two months (2) weeks prior to the end termination of the current initially approved leave. This notice requirement will be shortened in circumstances where medical complications occur in the two (2) weeks prior to the termination of the initially approved leave. It is understood that during a maternity leave exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, except when medical considerations occurring during or any other benefits under any provisions of the last two necessitate extending collective agreement or elsewhere shall be suspended, the leave. benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the In any eventaddition, the employee will be expected to return no later than two become responsible for full payment of subsidized employee benefits in which she is participating for the period of absence. Effective date of ratification (2Nov. credits for service shall accumulate for the initial seventeen (17) years weeks from the date commencement of the delivery of the child, excluding the balance of the semester in which the child leave while an employee is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of returnmaternity leave. However, on or before March 1 credit for seniority shall not be suspended, but shall accumulate during such leave. Effective date of ratification the Hospital will continue to pay its share of the school year in premiums of the subsidized employee benefits which the employee desires is participating for the initial seventeen (17) weeks from the commencement of the leave while the employee is on maternity leave. After seventeen (17) weeks and subject to the provision of the master policies governing such plans, employees desiring to maintain such protection through the Employer shall be entitled to remit to the Employer such full premiums as fall due during the leave so as to insure continued coverage. The employee shall reconfirm her intention to return from said to work on the date originally provided to the hospital by written notification received by the Hospital at least two weeks in advance thereof. Subject to any changes to the employee's status which would have occurred had she not been on maternity leave, the employee shall indicate be reinstated to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will be deemed to be a waiver by the employee of her right to return from maternity leave that year.
6. The time spent on maternity leave shall not count toward fulfillment of the time requirements for acquiring tenureduties, nor shall it count toward placement on the salary guide or for seniority.
7. No employee shall be removed from her position during pregnancy except upon one of same shift in the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue workingsame department, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference at same rate of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician under this paragraph shall be shared equally by the employee and the Boardpay.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. All pregnant employees may apply for a leave of absence without pay. Upon request, such leave Every employee who has six (6) months service with the Company is entitled to and shall be granted a Leave of Absence and the following rules shall apply for Maternity, Parental, Adoption, and Child Care Leaves:
(a) The Company shall not dismiss, suspend, lay-off, demote, discipline, nor deny promotion or training because the employee has applied for Leave under these Clauses.
(b) No employee can be laid off while on Leave under these Clauses. However, this shall not prevent the Company from laying off active employees who are senior to her during her Leave of Absence under this Clause.
(c) Every employee who intends to take a Leave of Absence under these Clauses shall:
(i) give at least four (4) weeks’ notice in writing to the Company unless there is a valid reason why such notice cannot be given;
(ii) inform the Company in writing of the length of Leave intended to be taken. Note: Nothing in the foregoing shall prohibit the employee from returning to work prior to the anticipated date expiration of birth the Leave of Absence.
(d) The Company must inform, in writing, every employee who takes Leave under these Clauses of every employment bid, promotion, or training opportunity for which the employee is qualified. The employee must request this in writing and continue provide the Company with current contact information.
(e) Every employee who takes Leave under these Clauses is entitled to be reinstated at the position that the employee occupied when the Leave commenced. If for a reasonable period of time to valid reason the Company cannot reinstate an employee in that position the Company shall reinstate the employee in a specific date following birth.
1. Maternity leave shall be granted comparable position with not less than the same wages, Benefits, and same location, subject to the following conditions:provisions of Article 13.
a. An (f) The Health and Disability Benefits and seniority of any employee who takes, or is required to take, a Leave of Absence from employment under this Article shall notify accumulate during the Superintendent of her pregnancy by the end entire period of the first trimesterLeave.
b. A request (g) Where a monetary contribution is normally required of an employee for maternity leave shall include the employee to be entitled to a statement from a physician confirming the pregnancy and anticipated date of birth.
c. Exact dates of the leave will be arranged Benefit referred to coincide with changes in semester. Where medically contradicted(f) above, the parties shall arrange other leave dates in consideration of both medical evidence and administrative feasibility.
d. A statement from a physician certifying that the employee is physically able to return to duty shall be furnished to responsible for and must pay on a monthly basis.
(h) For the Board before purposes of calculating the Pension and Health and Disability Benefit of an employee is permitted to return from maternity leave.
2. The disability period as certified jointly the monetary contribution required by the employee and the Board's physician may be treated as compensable sick leave time at the option of the employee. In the event the employee’s physician and the school physician of the Board of Education do not agree(g) above, 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 employment on the issue of medical capacity to perform work 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 Monmouth County Medical Society. The expense of any examination by an impartial third physician shall be shared equally by the employee and the Board.
3. An employee's return date to employment shall be extended for a reasonable period of time at her request for reasons associated with pregnancy related disability. For the purpose of child care, an eligible employee may extend her unpaid leave through the Family Leave Act, N.J.S.A. 34:11B-1, et. seq. The employee will be expected to request extended leave a minimum of two months prior to the end of the current leave, except when medical considerations occurring during the last two necessitate extending the leave. In any event, the employee will be expected to return no later than two (2) years from the date of the delivery of the child, excluding the balance of the semester in which the child is born. In no event, shall the return date for the employee be other than the beginning of the semester, unless by written approval of the Superintendent.
4. The leave of absence granted a non-tenured employee hereunder may not be extended beyond the end of the contract school year in which the leave is obtained.
5. Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely on the ground that there has not been a time lapse between the birth and her desired date of return. However, on or before March 1 of the school year in which the employee desires to return from said maternity leave, the employee shall indicate to the Board in writing that she intends to return to work the following September. Failure to so notify the Board will shall be deemed to be a waiver by the employee of her right to return from maternity leave that yearcontinuous with employment before their absence.
6. The time spent on maternity leave shall not count toward fulfillment (i) For the purposes of the time requirements for acquiring tenure, nor shall it count toward placement on the salary guide calculating Benefits of an employee who takes or for seniority.
7. No employee shall be removed is required to take a Leave of Absence from her position during pregnancy except upon one of the following:
a. The Board has found her performance has substantially declined from the time immediately prior to her pregnancy.
b. Her physical and/or emotional condition or capacity is such that her health would be impaired if she were to continue working, and which physical capacity shall be deemed to exist if:
(1) The pregnant employee fails to produce a certification when requested by the Administration from her physician that she is medically able to continue working, or
(2) The Board's physician and the employee's physician agree that she cannot continue working, or
(3) Following any difference of medical opinion between the Board's physician and the employee's physician, a physician selected jointly by the Board and the employee shall render a binding opinion on the physical capacity to continue working. The expense of any examination by the impartial third physician employment under this paragraph shall be shared equally by the employee and the Board.Article, other than Benefits referred to in
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Sources: Collective Agreement