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ARTICLES BY NUMBER 1 -
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A pregnant employee will be permitted to work during the full term of her pregnancy but may be required by the City to undergo a medical examination in accordance with the provisions of Section 1.2 of this Article.
Section 1.1 A pregnant employee may be required by the Police Chief with the approval of the Personnel Manager, to undergo one (1) or more medical examinations to determine her physical fitness to continue to perform the work in which employed. Such medical examinations shall be paid for by the employer.
Section 1.2 Determination of physical fitness will be by a physician or physicians designated by the Personnel Manager.
Section 2. Accrued sick leave will be authorized by reason of pregnancy or complications arising out of pregnancy.
Section 3.1 Maternity leave shall only be authorized for periods when the employee is unable to perform her regularly assigned duties due to pregnancy disability or medical complications arising out of pregnancy. Such leave shall require prior approval of the Police Chief.
Section 3.2 The employee must comply with the City's request for information concerning the status of the pregnancy disability and the anticipated date that she will be able to return to work.
Section 3.3 When submitting a request for maternity leave, the employee shall designate the number of paid hours (sick, vacation, and/or compensatory leave) she wishes to bank for future use. With the exception of banked paid leave, the employee must utilize all paid leave before going on unpaid maternity leave. Once the employee goes on approved unpaid leave, the banked paid leave shall not be utilized until the employee's return to work. Nothing in this Section shall limit the Police Chief’s sole discretion to permit the disabled employee to utilize her banked paid leave for an unforeseen medical circumstance or emergency.
In absence of a physician's statement certifying the employee is disabled due to conditions arising out of pregnancy, the employee shall be considered fit for duty and will be expected to be able to return to duty beginning the ninety-first (91st) calendar day following the date of delivery.
Section 3.4 Unpaid maternity leave shall not exceed one (1) year.
Section 4. An employee on sick leave or maternity leave without pay by reason of pregnancy or conditions arising out of pregnancy may be required by the Police Chief to submit a certificate signed by a physician stating whether she is physically fit to return to the work of the position in which employed. The Personnel Manager may require further determination of physical fitness by a physician or physicians designated by the Personnel Manager. Such additional medical examinations shall be at no expense to the employee. An employee returning to work after such leave shall maintain seniority or other benefits as provided in this Agreement.
Section 5. Disabilities caused or contributed to by pregnancy will be treated In the same manner as other temporary disabilities as provided for in this Agreement. Sick leave and leave without pay shall be granted on the same basis as for other disabilities. The starting date of such leave will be determined by the request of the employee and the written certification of the inability to perform required duties by the employee's personal physician. The Personnel Manager may require further determination of physical fitness by a physician or physicians designated by the Personnel Manager. Such additional medical examination shall be at no expense to the employee.
Section 6. An employee working during the term of her pregnancy will not be denied the benefit of any personnel decision such as promotion, voluntary transfer, or selection for training, which would have been made. Promotion or transfer to positions with different physical demands may be conditioned upon prior written approval of the employee's personal physician or physician designated by the Personnel Manager or both.
Section 7.0 In all cases requiring a report from the City's physician, such report shall be available within two (2) weeks from the date of examination. A copy of such report shall be made available to the employee by the Personnel Manager upon request.
Section 7.1 In the event there is a difference of opinion between the physician Designated by the Personnel Manager and the employee's physician regarding the employee's physical fitness to perform the work in which employed, a third physician shall be designated by the City's and the employee's physicians, whose decision shall be final and binding.
Section 7.2 Family Sick Leave as provided in Article 40, Sick Leave, may be utilized for pregnancy and/or childbirth. In any calendar year in which a birth occurs, up to five (5) additional days of Sick Leave may be authorized as additional Family Sick Leave subject to the approval of the Police Chief and the Personnel Manager. |
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