FILE:  GBRIC

 

TEMPORARY DISABILITY

 

 

A certified or non-certified employee shall be granted a leave of absence without pay in accordance with the provisions contained herein upon verification of temporary disability. Pregnancy is a temporary disability.

 

1.

The employee shall be allowed to continue duties as long as the employee, employee's physician and the Superintendent conclude that duties can be performed effectively, and in the event of disagreement or the employee is dissatisfied, an appeal can be initiated in accordance with policy, File: GAE.

 

2.

It is the responsibility of the employee to submit a request for leave in writing no less than sixty (60) days before the anticipated date of the leave unless the disability is of an emergency nature.  If the employee knows at the beginning of a semester that she will not be able to complete the semester because of pregnancy, she shall notify the principal and the Superintendent.

 

3.

An employee on maternity leave is eligible to be reinstated at the beginning of the next school year subsequent to the birth of the child. Verification by the attending physician that the employee is capable of performing assigned duties shall be submitted to the Superintendent prior to assuming duties.

 

4.

It is the responsibility of the employee to submit a request in writing no less than thirty (30) days before the anticipated date of return.

 

5.

A person granted temporary disability shall be eligible for reinstatement to the position previously held. The employee shall be assigned a position in the section or school if the employee is properly qualified or certified for the assignment. If there is no vacancy for his/her qualifications (certification) he/she shall be assigned a position elsewhere in the district for which proper qualifications (certification) are held.

 

6.

A person granted maternity leave is obligated to accept an assignment offered provided it is within certification and accreditation qualifications; otherwise, this Board shall assume the employee to have forfeited job rights.

 

7.

Maternity leave shall be cancelled if the person on leave has not requested reinstatement within one (1) calendar year of the date of the beginning of the maternity leave and it shall be this Board's assumption that the employee's rights of employment shall have been vacated or the employee may be retired in consonance with applicable law.

 

8.

A person adopting a baby shall be eligible for leave and shall notify the Superintendent in writing of the request in sufficient time to allow for the employment of an adequate replacement.  The adopters must notify the Superintendent, in writing, of the desire to be reinstated at least thirty (30) days prior to the anticipated date of return.  He/she will be assigned in accordance with paragraph 5 above.

 

9.

A conference should be scheduled with the Superintendent by all certified personnel within the first sixty (60) days of pregnancy.

 

10.

Persons granted a temporary disability leave shall retain all accrued benefits.

 

No benefit shall be payable to an employee because of a disability which results from any of the following:

 

1.

Intentionally self-inflicted;

 

2.

Participation in any unlawful act;

 

3.

Participating in a riot or civil demonstration;

 

4.

Working for another employer other than this district; and,

 

5.

Following a termination date which was determined prior to occurrence of the disability.

   

Sick leave may be taken because of complications arising from pregnancy, see policy, File: GBRIB.

 

 

Ref:     U.S. Constitution, Amend. XIV, Sec. 1

Cleveland Board of Education v. Lafleur, 414 U. S. 632 (1974)

Geduldig v. Aiello, 417 U. S. 484, 94 S.Ct. 2485 (1974)

La. Rev. Stat. Ann. ยงยง17:1211, 23:334, 23:341, 23:342

 

Grant Parish School Board