Leave Related to Birth, Adoption and Foster Child Placement

Formerly Maternity Leave

No. 3-26    Rev. 12-6-16   Date 8-17-77      

 

I. REFERENCES

Pregnancy Discrimination Act of 1978, 42 U.S.C.

American with Disabilities Act of 1990

Family and Medical Leave Act of 1993

PPM 3-21, Sick Leave (Non-Exempt and Admin Non-Exempt Staff, Exempt Staff and Executives)

PPM 3-21a, Sick Leave (Faculty)

PPM 3-28, Special Leave

PPM 3-29, Leave of Absence Without Pay

PPM 3-29a, Family and Medical Leave

PPM 3-34, American's with Disabilities Act & Section 504 Request for Accommodation

PPM 8-21, Probationary Period for Tenure

II. POLICY

A. Family and Medical Leave (FMLA) will run concurrently with maternity leave, spousal leave, adoption or foster child placement leave and bonding time unless special permission is obtained from Human Resources.  If eligible, total available FMLA leave is 12 weeks in accordance with PPM 3-29a and the Family and Medical Leave Act of 1993.

B. Maternity Leave may be taken by female employees of Weber State University for reasons related to labor and delivery; and recovery from childbirth.  Accrued sick leave (if available) may be taken for (1) the standard recovery period for vaginal deliveries which is six weeks; (2) the standard recovery period for C-section deliveries which is eight weeks; or (3) the medically necessary recovery period designated by a doctor.  Depending on FMLA availability, additional bonding time may be taken subsequent to the recovery period, and may consiste of vacation leave, unpaid leave, or a combination of the two.  Maternity leave plus bonding time may not exceed 12 weeks.

C.  Spousal Leave may be taken by an employee to care for the employee's spouse related to labor and delivery and recovery from childbirth.  Accrued sick leave (if available) may be taken for (1) the standard recovery period for vaginal deliveries which is six weeks; (2) the standard recovery period for C-section deliveries which is eight weeks; or (3) the medically necessary recovery period designated by the doctor.  Depending on FMLA availability, additional bonding time may be taken subsequent to the recovery period, and may consist of vacation leave, unpaid leave, or a combination of the two.  Spousal leave plus bonding time may not exceed 12 weeks.

D.  FMLA leave may by taken before foster child placement or adoption of a child if an absence from work is required so that the placement for adoption or foster care can proceed.  This leave may consist of vacation leave, unpaid leave, or a combination of the two.

Up to six weeks of accrued sick leave (if available) may be used for FMLA leave to care for and bond with a child after placement or adoption.  Depending on FMLA availability, additional time may be taken and may consist of vacation leave, unpaid leave, or a combination of the two.

E.  Unpaid leave for may be requested under PPM 3-29, PPM 3-29a or PPM 3-28.

F.  Weber State University complies with the Pregnancy Discrimination Act. Pregnancy is considered a normal condition and employees are expected to work up to the delivery date unless the physician provides a written statement indicating that the employee has a medical condition that makes it medically necessary for the employee to be off work in advance of the delivery date.

G. Departments must allow return to work on the first working day following the date on which the physician certifies fitness to return to work. If academic instruction is involved, such as in the case of teaching faculty, other employment at the same rate of pay may be substituted until the beginning of the next academic period in accordance with PPM 3-21a. Faculty should refer to PPM 8-21 if extension of the probationary period for tenure is desired.