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Section: Personnel
Policy Number: 4-24
Policy Name: Professional and Salaried Staff Maternity Leave
Date: July 1998
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PURPOSE
The University of Delaware recognizes the importance of having a maternity leave policy which helps employees balance the responsibilities of work and parenthood. The University's policy encourages employees to develop a dialogue with their immediate supervisors so that their career paths can be maintained while assuming the added responsibilities of parenthood. It is the policy of the University to comply with the Family and Medical Leave Act of 1993, which grants an eligible employee up to a total of 12 workweeks of leave in any 12-month period for certain circumstances. The University may, at its option, designate maternity leave as Family Medical Leave without a request from an employee. The following policy sets forth the options that are available to University employees.
An eligible employee is entitled to up to a total of 12 workweeks of maternity leave during a 12- month period for the birth or placement of a child for adoption or foster care. This maternity leave will count against the employee's total family and medical leave entitlement of 12 weeks in any 12- month period. Generally, such maternity leave is unpaid. However, an employee may use accrued sick leave and vacation as part of her maternity leave. The provisions of the University policy regarding family leave are also applicable to maternity leave, and are incorporated herein by reference.
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POLICY
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Leave with Pay (paid status)
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Sick Leave
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Employees may use accrued sick leave if they are physically unable to work due to pregnancy, childbirth, miscarriage, abortion, or other related medical conditions. Sick leave benefits may also be used according to the appropriate extended sick leave policy in the event complications or other extenuating circumstances require extended absence from work. The University reserves the right to require a doctor's certification at any time for the use of sick leave.
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If possible, employees requesting sick leave for reasons associated with childbirth must notify their supervisor three months prior to the anticipated date of the leave. Employees are encouraged to follow professional advice concerning the length of time worked during pregnancy and the appropriate time to resume work after childbirth or related medical conditions.
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In accordance with federal law, the same requirements, terms and restrictions apply to the administration of sick leave for pregnancy-related conditions as for other non-occupational illnesses and disabilities.
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Sick leave taken in connection with pregnancy or a pregnancy-related condition that constitutes a serious health condition may be counted against an employee's entitlement of up to 12 weeks of maternity leave.
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Vacation
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Employees may use accrued vacation time to remain on paid status during a period of maternity leave.
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Employees who have not used all of their vacation time for recovery from childbirth or related medical conditions may do so and thereby extend the time spent on paid maternity leave. Approval of the immediate supervisor is required.
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Continuation of Benefits
All benefits continue while an employee is on paid status, i.e., using accrued sick or vacation time for 50 percent or more of the month (hospital-medical- surgical; dental; life insurance; disability insurance; TIAA/CREF/Fidelity/State pension contributions)
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Leave without Pay (unpaid status)
Employees who have exhausted accrued sick leave and vacation time may request a personal leave of absence without pay to remain on maternity leave during or after the recovery period for childbirth or related medical condition, up to a total maternity leave of 12 weeks in a 12-month period. Approval of the immediate supervisor is required for leaves of absence without pay if 15 working days or less. Approval of the Vice President for Administration is necessary for a leave of absence without pay of more than 15 working days. (See Policy 4-51 for more detailed information on leave of absence without pay.)
If a personal leave of absence has been granted during the recovery period, approval will also be needed if an employee requests a leave of absence without pay beyond that time frame, i.e., for parenting.
If an employee is on unpaid status for 50 percent or more of the month, there is no accrual of sick or vacation time and pension plan contributions are stopped, i.e., to TIAA/CREF, Fidelity or State plans.
During a period of approved maternity leave, the University will continue the University's contribution to the premiums for the employee's hospital-medical- surgical and dental benefits up to 12 weeks. Thereafter, if an employee wishes to remain on maternity leave, she will be required to pay the cost of continued hospital-medical-surgical and dental benefits. University contributions to benefit programs stop after 12 weeks of maternity leave. If the employee fails to return from maternity leave, the University may seek to recover its portion of the health plan premiums paid for the employee during the leave. (For detailed information, contact the Benefits Office.)
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Alternate Work Assignments
Depending upon the work requirements of a particular office unit and after consultation with the supervisor and/or unit head, an employee may request one of the following options for reasons of parenting:
- reduction from full- to part-time status
- flexible hours
- job sharing
Requests will be reviewed on a case-by-case basis, and any determinations reached will not be considered precedent setting. Alternate work assignments will require the approval of the immediate supervisor and/or unit head and the approval of the Vice President for Administration.
See the Request for Family or Medical Leave form and the Certification of Health Care Provider form for more details.
Submitted by: Labor Relations
Copyright, © 1997, 1998 University of Delaware. All rights reserved.
Please direct questions to the Executive VP office.
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