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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 30 Pregnancy Disability Leaves

30.1 Leave for Disability Due to Pregnancy & Childbirth

A. Definition of Pregnancy Disability

An inability to perform duties because of pregnancy, miscarriage, childbirth and recovery therefrom and/or other disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom.

B. The Board of Trustees shall provide for a leave of absence for any member who is required to be absent from duties because of pregnancy disability. Pregnancy disabilities, for all job related purposes, are temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment.

30.2 Length of Pregnancy Disability Leave

The length of the leave of absence, including the date on which the leave shall commence and the date on which the member shall resume duties, shall be determined by the member and the member’s physician. The member shall notify the President or designee thirty (30) days prior to the leave date or as soon as possible under emergency conditions.

30.3 Compensation During Pregnancy Disability Leave

Leaves of absence for pregnancy disability shall be treated the same as leaves for illness, injury, or disability; therefore, the member is entitled to use accumulated sick leave per Article 28 and shall receive all benefits normally accruing to the member, just as if the member were performing her full duties. In addition, the member may also elect to receive substitute-differential pay (the difference between the member’s pay and the amount paid the substitute) as provided in Article 28.11 for extended illness leave.

30.4 Doctor's note

The President or designee may require the physicians’ statement to be updated upon request. At the time of leave, the member shall provide the President or designee a statement of disability. The President shall provide a copy to the Associate Vice-Chancellor of Human Resources within a five (5) day period.

30.5 Sick leave use

In order to use sick leave for pregnancy disability, the member must have been rendering paid service to the District and must not have been on any unpaid leave immediately preceding the disability.

30.6 Doctor's note to return

Prior to returning to work, the member may be required to provide the President or designee a physician’s verification that the member is physically able to render full and complete service to the District.

30.7

A member may extend pregnancy disability leave beyond the leave recommended by the physician through the use of banked leave for the duration of the semester or leave without pay per Article 40. The member shall notify the President or designee thirty (30) days prior to the leave date or as soon as possible under emergency conditions.
Education Code Section §87766