Maternity Leave and Child Care Leave for Staff

Summation of Maternity and Child Care leave regulations

In 1972 the Federal Equal Employment Opportunity regulations affecting pregnancy were interpreted to mean that, for all job-related purposes, pregnancy, miscarriage, abortion, childbirth and recovery there from, were to be considered temporary disabilities. To consider these otherwise would have an adverse impact only on female employees and would violate EEO regulations. In other words, pregnancy is to be treated by the employer in the same manner as any other temporary disability. Therefore, written and unwritten employment policies and practices involving matters such as commencement and duration of the leave, accrual of seniority and other benefits and privileges, and payment under any sick leave plan must be applied to pregnancy or childbirth exactly as they are applied to other temporary disabilities.

With this in mind the University has formulated reasonable standards for its maternity leave policies. Not all cases are alike, however, and not all classifications of employees are treated identically. Rather employees are treated according to policies affecting their classification, e.g., a female faculty member would have a sick leave program different from that of a staff employee (including educators of cooperative extension) or a technical service employee. An employee desiring either a maternity or child care leave should check all the applicable provisions with the supervisor and the College of Agricultural Sciences Human Resource Services Office (814) 863-3452.

Maternity Leave – The following points summarize handling of prolonged absence related to pregnancy and childbirth:

Normally, prolonged absence should begin no sooner that the eighth month. Earlier prolonged absence of work requires a written statement from your physician.
This absence from work should be charged to your accumulated sick leave. If your sick leave is exhausted during this period you may opt to use part or all of your accumulated vacation or be placed on maternity leave without pay. If you choose to take a leave without pay, all insurance benefits will be continued and you will be required to pay the regular rates for continuation of your benefits. The regular rates are the amounts deducted from your salary check covering your healthcare plan, Dental, Vision, Life Insurance and Voluntary Accidental Death and Dismemberment (VADD) insurance and the TIAA/CREF Long Term Disability Plan (if applicable).

The Family and Medical Leave Act of 1993 may have some affect on the cost of your benefit coverage for a period of time while you are on maternity leave (refer to HR Guideline No. 11). Please contact this office for assistance on calculating your cost of continuing insurances during a maternity leave.
Normally, the date of return should be no more than six (6) weeks following the birth of the child unless medical complications warrant an extension of the leave. Accumulated sick leave may not be used beyond the six (6) week period following the birth unless medical complications warrant an extension of the leave. If you desire to return to work sooner than six (6) weeks, please contact your unit to see if an earlier return is feasible. You will need to provide a release from your physician for a return to work prior to the end of the 6 week maternity period. If you desire additional time off following the six (6) week maternity leave, you may choose to use accumulated vacation for a period before going on the child care leave without pay.

Child Care Leave – When a faculty of staff member accepts University employment he or she is responsible for making child care arrangements. However, a leave for child care may be requested for:

Leave following birth: At maximum, this leave may continue until the child is one (1) year of age. Any request beyond the one year limit shall be considered as a leave without pay for personal reasons and the conditions applicable to such requests apply.
Leave following adoption: A leave shall be granted from the date the child begins to reside with the employee to continue up to twelve months, unless necessary earlier for extenuating circumstances as described in the law. The first 12 workweeks of leave shall be considered to comply with the requirements of the FMLA.
Leave other than for birth or adoption: You may request a child care leave for an older child if the child has an extended illness or incapacitation or if there is an extended breakdown in child care arrangements. In those cases, a leave can be granted for three (3) months if the faculty or staff member has expended all of his or her accumulated paid time off.

A “child” for purposes of this section can be a biological, adopted, or foster child, a stepchild, a legal ward, or a child for which an employee is standing in loco parentis, who is under 18, or over 18 and incapable of self-care because of a mental or physical disability.

Benefits may be continued during the child care leave. If benefits are continued, the employee is billed at the full rates of your healthcare plan, Dental, Vision, Life Insurance and Voluntary Accidental Death and Dismemberment (VADD) insurance and the TIAA/CREF Long Term Disability Plan (if applicable). The Family and Medical Leave Act of 1993 may have some affect on the cost of your benefit coverage for a period of time while you are on child care leave (refer to HR Guideline No. 11 attached). Please contact this office for assistance on calculating your cost of continuing insurances during a child care leave.

Prior to your beginning the maternity leave, please make arrangements to meet me. At that time we will review your plans for a leave and I will answer any additional questions you may have and provide you with the necessary forms which will need to be completed.

Please feel free to contact me, prior to our meeting if you have any questions.

Kim Evancho

Manager

Human Resources

306 Ag. Admin. Bldg.

(814) 863-3452