FILE: GBRIC
MATERNITY AND ADOPTIVE LEAVE
MATERNITY LEAVE
The School Board shall grant leaves of absence to female employees for a reasonable period of time before and after the birth of a child. If multiple children are born on the same date, the event shall be considered a single qualifying event.
A Family Medical Leave Act (FMLA) qualifying female employee is eligible for up to twelve (12) weeks of unpaid maternity leave for a “normal pregnancy, childbirth, or related medical condition.” The employee will be required to complete the appropriate FMLA forms and shall be subject to all provisions, regulations, and procedures affecting FMLA leave found in policy GBRIBA, Family and Medical Leave. A non-FMLA qualifying female employee is eligible for up to six (6) weeks of unpaid maternity leave for a “normal pregnancy, childbirth, or related medical condition.” Employees may be required to use all available balances of current and accumulated paid leave (sick and/or annual leave) while absent during the twelve (12) or six (6) week period and, if/when all available paid leave is exhausted, the employee will be placed on leave without pay for the remainder of the applicable period.
Female employees shall be permitted to use current and accumulated paid leave days (sick and/or annual) in lieu of unpaid maternity leave for the period during which they are disabled on account of pregnancy, childbirth, or related medical conditions. The period of disability occasioned by pregnancy, childbirth, or related medical conditions for which paid leave may be used will be determined upon employee application accompanied by a certificate from the employee's attending physician in accordance with the standards and procedures for certifying absences as set forth under the heading “Certification of Absence” in policy GBRIB, Sick Leave. Employees who use current and/or accumulated paid leave for the period during which they are disabled on account of pregnancy, childbirth, or related medical conditions shall be subject to all provisions, regulations, and procedures affecting sick leave found in policy GBRIB, Sick Leave.
ADOPTIVE LEAVE
The School Board shall grant unpaid leaves of absence not to exceed thirty (30) days to regularly employed teachers after the legal adoption of a child. If multiple children are adopted on the same date, the event shall be considered a single qualifying event.
NOTIFICATION/APPLICATION
A pregnant employee shall notify the Superintendent or his/her designee in writing by submitting a Maternity/Adoptive Leave Request form as soon as possible, but no less than thirty (30) days prior to the beginning date of leave, except in emergency situations. The employee’s application for maternity leave shall be accompanied by a physician’s statement verifying the stage of pregnancy and expected dates of disability due to pregnancy.
An adopting employee shall notify the Superintendent or his/her designee in writing by submitting a Maternity/Adoptive Leave Request form as soon as possible, but no less than thirty (30) days prior to the beginning date of leave, except in emergency situations. The employee’s application for adoptive leave shall be accompanied by written documentation from the adoption agency, adoption attorney, and/or other adoption organization:
stating that the employee is in the process of adopting; and
stating the expected dates of absence/leave for same.
Failure to comply with the notice, application, and other requirements of this policy may be considered willful neglect of duty and may result in disciplinary action.
MATERNITY AND ADOPTIVE LEAVE
As used in this policy, the word teacher shall include any member of the teaching staff and any social worker or school psychologist employed by the School Board who holds a valid professional ancillary certificate in school social work or school psychology issued by the State Department of Education.
The granting of maternity leave or adoptive leave shall not affect any of the tenure rights which a teacher may have acquired under state law.
Active service accumulated toward sabbatical leave shall not be deemed to be interrupted by adoptive leaves of absence or by maternity leaves of absence provided that such leave shall be for the period of disability occasioned by pregnancy or childbirth as determined by a certificate from the employee's attending physician.
Any paid or unpaid leave taken pursuant to this policy shall run concurrently with any FMLA leave available to an employee. See Policy GBRIBA, Family and Medical Leave.
Revised: November 18, 2020
Ref: La. Rev. Stat. Ann. §§17:1171, 17:1211, 23:334, 23:341, 23:342
Op. Atty. Gen., Oct. 5, 1973
Board minutes, 11-18-20
Assumption Parish School Board