File: GBGE - Maternity/Paternity/Parental Leave File: GBGE - Maternity/Paternity/Parental LeaveLeave for maternity/paternity purposes shall be available for all employees. Such leave shall be in compliance with current Family and Medical Leave Act (FMLA) eligibility requirements. Leave will be allowed during the period of the pregnancy and a reasonable time immediately following termination of the pregnancy as is medically necessary to safeguard the health of the mother and/or the child.
Maternity/Paternity Leave
Upon written request, maternity/paternity leave may be granted to an employee for up to twelve (12) weeks, with or without pay, as outlined in this policy.
Maternity/paternity leave shall be granted subject to all of the following conditions:
1. Determination of Necessity: Determination of such period including the beginning, duration, and end of the period shall be made by the employee's physician. The District may require final determination by a mutually agreed upon physician.
2. If both parents are employed by the District, each parent will have access to twelve (12) weeks of FMLA leave. A maximum of fifteen (15) consecutive days can be taken by both parents concurrently unless there are extenuating circumstances.
3. The District may require a physician's certificate to confirm health concerns. Any leave granted shall in no way affect the powers or duties of the Board of Education including, but not limited to, the non-renewal of a contract of a probationary teacher.
4. Except in cases of extreme emergency, the employee shall give their supervisor and the Human Resources Department written notice of their intention to take such leave no later than the fifth month of pregnancy. The notice shall include the expected duration of the leave, as well as a physician's statement certifying the pregnancy.
5. If, at the commencement of maternity/paternity leave, the employee's physician certifies in writing that the employee's absence is the result of a temporary disability caused by or contributed by the pregnancy, miscarriage, medically necessary abortion, or childbirth, the employee may elect to be paid for the number of personal and sick leave days based on their accumulated leave balance.
6. An employee on maternity/paternity or disability leave for medical necessity, as determined by the employee's physician, shall receive pay, insurance, and other benefits to the same extent and on the same basis as sick leave used for other purposes.
7. An employee on approved FMLA leave will continue to receive the same level of health benefits that they received prior to their approved leave for a maximum total of twelve (12) calendar weeks.
Reinstatement
An employee who has taken leave in accordance with this policy shall be assured reinstatement upon the commencement of the leave to the same or equal position.
The employee on maternity/paternity leave may be permitted to substitute in the District at the substitute rate of pay with the approval of the superintendent or designee.
No credit towards experience and/or non-probationary status will occur during the period of unpaid leave that lasts longer than ninety (90) contact days.
When referring to working conditions, salary or benefits, the negotiated contract, which is currently in effect, will prevail. If an approved contract is not in place, these attached policies, regulations and/or exhibits will take their place.
Adopted: January 12, 2023
LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
42 U.S.C. 2000e-2 (Title VII of the Civil Rights Act of 1964)
C.R.S. 19-5-211 (adoption statute)
C.R.S. 24-34-402.3 (discrimination based on pregnancy, childbirth or related conditions)
CROSS REFS.: AC, Nondiscrimination/Equal Opportunity
GBA, Open Hiring/Equal Employment Opportunity
GBGF, Federally-Mandated Family and Medical Leave
GCCB - Administrative and Exempt Staff Sick and Personal Leaves and Absences
GDCA - Support Staff Sick Leave
Current Summit County Education Association or Summit School District Leadership Association Agreement