Expanding Your Family – Adoption and Childbirth Leave

If you and your spouse /partner are considering expanding your family through adoption or childbirth, it is important to know the contractual provisions and state/federal laws that provide a benefit to you and your family.

Medically, a woman who gives birth is considered disabled for six to eight weeks depending on the type of delivery. It does require a physician statement for the projected delivery date to be in turned into MSU Human Resources per Article 26 of the APA Collective Bargaining Agreement. http://lay.wyz.mybluehost.me/wp-content/uploads/2012/05/APA2011-2015.pdf

A member who is medically disabled has the right to use sick leave for any time required to be off work due to the medical disability. The amount accrued in a member’s sick bank and the length of the medical disability are the two factors for any leave taken for the birth of a child during the disability per Article 24 of the APA Collective Bargaining Agreement.

The Family Medical Leave Act (FMLA) provides for up to twelve weeks unpaid leave time for the birth or adoption of a child for the mother or the father. This time off work can be paid leave time using vacation leave. Additional unpaid leave can be provided for extenuating circumstances. The FMLA protections include the payment of the health care premium for up to twelve weeks and the right of return to your position or a similar position within the twelve week FMLA period. A FMLA qualifying member is eligible for up to twelve weeks per fiscal year. Michigan State University runs the FMLA year from July 1 – June 30.

Contractually, a member can use up to eighty (80) hours of your sick leave for family sick while the spouse is considered medically disabled. Additional paid leave time off work could be granted using vacation leave time if you have the appropriate accrual and supervisor approval.

Pregnancy and gender discrimination is unlawful and the Equal Employment Opportunity Commission (“EEOC”) has issued a publication entitled “Enforcement Guidance: Pregnancy Discrimination and Related Issues” that clarifies the interplay between the Americans with Disability Act and the Pregnancy Discrimination Act. More information can be found http://www.eeoc.gov/laws/guidance/pregnancy_qa.cfm. A member is covered by the MEA Legal Representation Policy which includes enforcement of state and federal laws.

Adoption leave is provided for contractually in Article 20 of the APA Collective Bargaining Agreement and under the Family Medical Leave Act.

If you have any further questions, please contact the APA Office at (517) 353-4898 or e-mail [email protected].

Join us for the More You Know Session: Expanding Your Family – Adoption and Childbirth Leave scheduled for August 15, 2014 12:00 p.m. – 1:00 p.m. If you are interested in attending, please RSVP to Heather Traxler at [email protected].

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