Stevensville School District

PERSONNEL

Maternity and Paternity Leave

The School District’s maternity leave policy covers employees who are not eligible for FMLA leave at Policy 5328. Maternity leave includes only continuous absence immediately prior to adoption, delivery, absence for delivery, and absence for post-delivery recovery, or continuous absence immediately prior to and in the aftermath of miscarriage or other pregnancy-related complications.

The School District shall not refuse to grant an employee a reasonable leave of absence for pregnancy or require that an employee take a mandatory maternity leave for an unreasonable length of time. The School District has determined that maternity leave shall not exceed 12 weeks unless mandated otherwise by the employee’s physician. Employees will be required to use appropriate accumulated paid leave concurrently while on FMLA leave.

The School District shall not deny to the employee who is disabled as a result of pregnancy any compensation to which the employee is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform employment duties.

An employee who has signified her intent to return at the end of her maternity leave of absence shall be reinstated to her original job or an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits.

The School District will review requests for Paternity Leave in accordance with any applicable policy or collective bargaining agreement provision governing use of leave for family purposes.

Reference:
§ 49-2-310, MCA  Maternity leave – unlawful acts of employers
§ 49-2-311, MCA Reinstatement to job following pregnancy-related leave of absence
Admin. R. Mont. 24.9.1201—1207 Maternity Leave

Policy History:
Adopted on: March 10, 2020
Reviewed on: February 11, 2020