Maternity/Family Leave OverviewMaternity leave and Utilization of Accrued Sick Leave:
Applications for maternity leave should be filed as soon as possible. Female employees shall be entitled to utilize a maximum of twenty (20) accrued sick days in connection with absence due to pregnancy immediately prior to childbirth and shall further be entitled to use a maximum of twenty (20) sick days for absence due to childbirth immediately following same. All payments are calculated1/200th based on a twenty-day month. Employees must have sick days accrued in order to be paid. A non-tenured teacher shall only be entitled to a leave up to the expiration of her contract.
Disability leave may be extended for unanticipated disability related to childbirth. An extension of disability leave is subject to a physician’s certificate and review.
Paid sick leave days are subtracted from an employee’s balance only when employees are out on days which teachers are required to work. For example, if an employee is on leave September 1 and school begins September 4, paid sick leave is not taken for September 1, 2 and 3.
Entitlement to utilize accrued sick beyond the presumptive period of disability (20 days before, 20 days after) leave as set forth above shall be subject to the right of the Board of Education to require certification from the employee’s physician that in his or her opinion such leave is required for reasons of health. In the event the Board disagrees with the employee’s physician’s report, it shall have the right to have a Board physician examine the employee and report his or her opinion concerning the entitlement to leave. If a dispute arises between the report of the employee’s physician and the report of the Board’s physician, the opinion of a third physician mutually agreeable to the other two may be obtained.
Additionally, if the calculations for the due date are different from the actual birth, adjustments will be made to account for the discrepancy. Since the maximum allowed application of sick days prior to the birth is twenty (20), and because that date can only be estimated, if the employee is paid for more than the twenty (20) days, there will be a per diem pay deduction for each day absent beyond 20. The employee is still entitled to apply 20 sick days to the paid leave following the birth. Days may not be transferred back and forth between the time prior to and following the birth. These sick days will not be counted as part of your family leave entitlement of twelve weeks.
The entitlement to utilize sick leave days for maternity purposes shall be exclusive and limited as outlined above.
Disability Certification ReportUpon receipt of the application for maternity leave of absence, the Office of Human Resources will provide you with a Disability Certification Report that you must sign. We will then submit the form to your attending physician to verify the period of disability and return to work date.
Family Leave Option
Health Coverage for DependentsIt is your obligation to notify the business office immediately in the event you desire a change from single coverage to family coverage. If you have single dental coverage, you must contact the business office to complete an application to add dependents.Return from Leave ObligationIf you were not enrolled in the district’s health and / or dental plan or were enrolled via COBRA, you must contact Brian Bulger (973-664-2297) to complete a new enrollment form.Child Rearing LeaveStaff may apply for a child rearing leave without pay in the case of birth or placement of a child for adoption. Approval for a child rearing leave may be made to become effective immediately upon the end of the pregnancy leave.For non-tenured teachers, a child rearing leave will be granted up until the expiration of said teacher’s contract.
- The district will comply with all relevant statutes covering family leave. The family leave entitlement is twelve calendar weeks and is calculated separate from your disability leave. During that time, you are entitled to continue existing health benefits, through the Board, provided you pay the required employee portion for dependent coverage. At the end of the twelve week family leave, you will be given the option to continue health benefits through COBRA at your own expense.
- Should an employee be discharged or resign during or after the family leave (unless said failure to return is due to the continuation, recurrence, or onset of a serious health condition that would entitle the employee to leave), she shall be responsible for reimbursing the district for the cost of health benefits provided during the period of family leave
- When counting the twelve calendar weeks, the days are counted up to the end of the contract date (June 30) and begin again at the commencement of the contract year (September 1). Hence, the days in July and August are not counted as part of your twelve weeks of family leave. This again assumes return to the district at some mutually agreed upon date.
- Tenured employees shall be granted child care leave without pay for the remainder of the contract year in which the birth occurs, or in the case of adoption, de facto custody is obtained, or sooner if necessary to fulfill requirements of the adoption.
- Tenured employees shall be granted child care leave without pay for the full academic year immediately following the year of the birth of adoption of the employee’s child provided the employee gives written notice to the board of the request prior to April 15 of the year of the birth or adoption, or within 30 days of the birth or adoption if it occurs after April 15th.
- In order to promote continuity of instruction, return from child rearing leave should be scheduled at the start of a new school year or the beginning of the second semester.
- Child rearing leaves as provided for in paragraphs 1 and 2 are included within the rights provided by the New Jersey and Federal Family leave Acts and may not be used to extend the time allowed.