-....v-P ASST ' D I R E C T O RHeads of Bureau Circular No. 15, 1975-1976 L1R. •lEP.Ti OL^:A.*e,:<t *

B U R E A U OF AH-O;^ I'.-.!. ROOIJ 600

65 COURT i,i

•;4LV W </"• BOARD OF EDUCATION OF THE CITY OF NEW YORKOFFICE OF THE CHANCELLOR

June 9, 1976

TO COMMUNITY SCHOOL BOARD CHAIRMEN, ALL SUPERINTENDENTS, EXECUTIVEDIRECTORS, HEADS OF BUREAUS , DIRECTORS, ASSISTANT DIRECTORS, ET AL •

Ladies and Gentlemen:

ADMINISTRATIVE PERSONNEL - MATERNITY AND CHILD CARE LEAVESCHANGE IN CHILD CARE LEAVE, SECTION D, PARAGRAPH 5,HEADS OF BUREAU CIRCULAR NO. 11, 1973-1974

Heads of Bureau Circular No. 11, 1973-1974, specified regulations governing leaves of absencefor maternity and/or child care for members of the administrative (non -pedagogical staff).

Section D, Paragraph 5 on Page 3 of that circular is hereby revised and should now read:

"5. Such leave shall terminate four years from the beginning of the maternityleave if such has been granted. Where no maternity leave has been granted,the leave shall terminate upon the child's reaching the age of four years. "

This revision shall be effective immediately. Please note the change on your Heads of BureauCircular No. 11, 1973-1974. Attach a copy of this circular to the Heads -of Bureau CircularNo. 11, 1973-1974 as authorization.

Very truly yours.

IRVING ANKER,Chancellor

!c«lr bi!«irC;:-.i Circular Wo. II. 1973-197-1

: . , - 30.̂ OP HCL^CN o; Tg 07TOP NEW YOg^ ̂ ^

STA" DELATIONSM. 197*

TO COMM-JNITY SCHOOL BOARD CHAIRMEN, ALL SU?£RIMTENPD£>,ITS1 EXECUTIVEDIRECTORS, DIRECTORS AND HEADS OF BUREAUS

Lndtes and Gentlemen:

REGULATIONS GOVERNING LEAVES OF ABSENCE FOR \!ATER.\TTYAND/OR CHILD CARE FOR MEMBERS OF THE AJ.WISTRATIVE

_ __ (NON- PEDAGOGICAL) STAFF _

NOTE: Sines this circular represents a major Changs in employes lights and benefits, IT SHOULDBE BROUGHT TO TH£ ATTENTION Or ALL MEMBERS OF THE AD\aNI5TRATtVE (N'ON-PEDAGOCICAL) STAFr. Chief Clerks ana other members of stair responsible fior processingand granting and/or processing leave requests (including sick leave) should read it carefullyand retain a copy for reference.

At its meeting on November 28, 1973, the Board of Education adopted new Bylaws relating to leaves3f absence for maternity and child care. The new Bylaws are effective as of September 1, 1973. Theyare intended co satisfy Che Guidelines on Sex Discrimination issued by Che Federal Equal Employment:Opportunity Commission in relation to leaves for maternity.

The major facets of the new policy are:

1. An employee on maternity leave may be paid for the days in her sick baric, accrued annualleave and compensatory time.

2. There is no mandatory date for beginning a maternity leave.

3. Child care leaves are provided for natural or adoptive parents of either sex.

4. Health insurance coverage may be continued until six weeks after the birth of the child ortermination of pregnancy while in unpaid status.

Following are the regulations adopted by the Chancellor in accordance •with the new Section 61a of theBylaws as authorized by Subdivision 8 thereof. For reference, a copy oi Section 6 la is attached tothis circular.

A. Maternity and/or Child Care Leaves Generally

1. Leaves shall be granted by the Chancellor for personnel under the jurisdiction of the City.Board and by the appropriate Community School Board for personnel under its jurisdiction, asfollows:

a. The Chancellor has delegated the responsibility of granting leaves Co personnel under thejurisdiction of the City Board to the Division of Personnel.

b. Community School Boards may delegate this responsibility CD their CommunitySuperintendents. •

2. The leave granting authority is required to grar.t such leaves upon^ application in accordancewith these rsgulanons.

S. Maternity Leave

1. Maternity leave shall be subject to the terms and condition of laws, bylaws and regulationsrelating to leave with or -without pay far personal illness except as provided herein.

2. A pregnant employee may continue working as long as she is physically capable of performingall of the duties of her position. There i3 no requiremer.c that a prsgnant employee beginleave at any specific point in the term of Che pregnancy.

3. Absence for the purposes of pregnancy and pregnancy r^lacsd illnesses may be charged tosick leave balances in accordance with rsg-jjaticns for use of sick leave balances. Specificexclusions of pregnancy and pregnancy related illnesses in such rag-Jations ars null and void.

a. Absences for this purpose ir.ay be self-treac^d within limits pres-nbed in the Ruleo andReg-jlatior.3 for Administrative Employees.

r. Employees .-nay apply .'or advance of sick leave allowance and ror additional grant oi sickloave -r. accordance with paragraphs 5.07 ar.d 5. OS af the Rules ar.d Regulations forAdministrative Srr.plcyess and/or for sick leave without pay.

4. It is re; jested that appljpaSSh'far tnatemitv leave 3hcula_be made a.r. '.east 30 d_aYS_b_e:br-?.t.L:qL

. icia n&Lice is requested so chat arryge-s-r; rnsv b^madg for ih.e-n "ii'it'i 1 a v p ^ iis a.T.p'ovea's ir.ler.ion is Co cease -.rorx""1

a; or shortly b.ejbre-C.'l'e date a|cchci7.ernenc, application should show prcbabls dats of leave.( , , ^ C7.1.1J '

: t ^ ' ^Ccrrtiued on Reverse Side)

'Jureau Circular ;Co. 11, 197.3-1974

B. Mjierrury Leave (Cor.dJLecj)

empleave. (Sss Secaon D cor.csnung Child C5_re Ler/es). Such application may oe macs

cr. Forn 0. P. 16C - Application for Leave of Absence Without Pay. Apolicant wili. r.e-.'ar-chciess, ca paiti -icr the days in her sick banx, accrued annual leave and compensatory nn~ib.^iances, during matarrucY leave only.

£. Materrury leave shaH tsrrr.ir-ite six weeks after the birth of the child or tsrmir.aeion ofpregnancy. t\"o side leave payments may be made after that date.

However, an employee may, because of illnesses either related or unrelated to maternityavail herself or paid or unpaid sick leave (depending upcn her sick leave balance* sLbjec:to the submission of a certificate from her physician ar.d its approval by the School Mecici!Director, The School Medical Director shall evaluate such cerna^ate and may, in hisdiscretion, call the employee for physical ar.d medical exajninacion. This paragraph doesnot apply to an employee who has resumed work after the birth of a child.

7. Before resuming service after the birch of the child or after interruption of pregnancy, anernployee on maternity leave or on sicJc leave for childbirth or termination of pregnancy, shallpresent to the School Medical Director a certificate from her physiaaa stating the conclitic:of her health. The School Medical Director shall evaluate such certnacats and ir.ay. in hisdiscretion, call the employee for physical and medical examination. Such certificate is notrequired if resumption of service is more than six weeks after childbirth, or terminationof pregnancy.

3. Where an employee's immediate supervisor finds that the employee, as a result of pregnancy,cannot perform the dunes of her position satisfactorily, a medical examination may berequested in accordance v.ith the regulations which apply to other medical conditions u'hichinterfere with the performance of an employee's duties. For this purpose, occasionalshort-term absences are net considered to materially reduce an employee's ability tn performhsr duties.

9. Matemiry leaves shall act be granted to employees on unpaid leave. Such employees may,however, apply for child care leaves.

C. Continuation of Health Insurance Coverage During Maternity Leave

1. Effective September I, 1973, an employee beginning maternity leave is permitted to condn'ieher city hga!di ir^-rar.ce _eovera|'-p-frir h°rg»lf anr! :-,AJ. ^lifTi^c ^.ener.der.t.'! for a period "i -•- _site wgpVc afrej* terminadqn of pregnancy, provided all leave balances are exhausted andshe is no longer on payroll.

2. An employee wishing to continue health insurance coverage must complsts the top porticnof Form 6.P.10 5.5, ^jReauest for CoccLiuation of Health Insurance A', nil eon Materr.ifI.eavg"_iSniirsi.£rrut i" to her pavraH n^-\ff~^~ li-^cr o'fd iJJU.^I^ rr 'rr_"> rn» «j'^" ~.* .rh.jrnarerr.itv leave. Copies ot U, f'. 1055 may be obtained from Health and Welfare ServicesUnit, 65 Coux! Street, Room 502, phone nu_mber 596-6966.

3. The pay-roll officer is to complete the section marked "For Payroll Clerk Only" and sig^ the• . box marked "Approved By1'. The 'Date to be Ramoved from Payroll" should be the beginning

of the payroll period following- the last day on payroll.

Copies of the D. P. 1055 are to be distributed as follows: White copy co the Medical Carrier,Yellow copy to the employee. Pink copy in the employee's personnel file,

4. When pregnancy terminates, the employee should put the child's name, date of birth, aadsex in the space provided on the.yallow cssy of theJXP. 1055 in her possession, and returnit to the medical carrier. The carrier will then rsmove the employee from City healthinsurance coverage six weeks after the birth of the child or termination of pregnancy andsend a dirsct payment bill. AT. employee who returns to vmrk. must complete a new HeaichAuthorization Form (D. P. 1033) in order to be returned to the Ciry group.

D. Child Care Leave

1. A child care leave shall be granted upon application in accordance with these regularior.s :c j.natural or adoptive parent of: either sex. Such leave is granted so that the employee maycavote a rnora substantial portion of his or her time to the care of i your.g child than coui^be dene while pursuing fiUl time employment.

1. The folio-wing restrictions are applicable:

a, Full time err.ploymen!: while on such leave is prohibited.

b. If both parents are employees of cr.e achool syscsrr. only or.e cf inem may be oa childcare Isave it ai-.y given ti.-ne.

3. Anplicaticr. fri-r^h;ij_^u;» leave ihcL^d he ~ad° ^r '"-^r yi .-Lay^hpfhrg the effective da'e ofche leave sc chat arringemenu rr.ay je mace for rhe replacement of the s.T.ployee duringsuch leave.

t

Ch^Ii Care Liiivg (Conti.Tjed)

4. For an employee 'vho has complect! a maternity le.i'/: after the iir'-h 3: i child, rhe childcare leave may con-.rr.ence ar cne tsrjninacicn o:" Ef.5 rTiacenuCy leave. For any oilier, employee,it may commence as follows:

a. For an employee who has not completed a micemity leave,a child care leav; maycommence no earlier than c.-.e dale of birth of the child.

b. The commencement of a leav; for care of aCopceJ cMld snouici c? reasonably relatedto the date the child is placed in the home but may be la:er.

5. Such leave shall terminate two years from the begirviig of the macsrrury Isavs if such hasbeen granted. Where no maternity leave has been grir.Ud, the leave shall terminate uponthe child's reaching t.ie age of tun years.

6. A child care leave may 'oe terminated at the requeue of the employee a: an earlier dare Chanthe one set forth in paragraph 5 above.

7. Child care leaves srull he without pay axcept that arruiz.! leave and compensatory ttrnsbalances may tfi used prior to do commencement of the leave, but su:n pay shall not duplicatepayment granted under Section B paragraph 5 of these regulations. ,\ sick leave with orwithout pay shall be granted to an employee on child care leave.

5. If, during child care leave or during any other unpaid leave, the occasion arises fa requesca child care leave by reason of the birth or adoption oi i child, the employee concerned mayso apply and the leave shall be granted upon application. Such leave shall commence uponChe date of birch (or placement for adoption) of the chiic! and shall be subject to pertinentprovisions of these regulations. Tne prior leave will terminate en the data the new leavebecomes effective.

Provisional and Temporary Employ ess

1. Provisional and temporary employees who are pregnant are treatsd iji the same manner aspermanent employees who are pregnant, except that the provisional or temporary pregnar.cemployee's maternity leave may be terminated by operation of the City Civil Service Rulesand Regulations or law.

2. Such personnel who have heal:h insurance coverage under the choice o: plans may continuesuch coverage in accordance with Section C of these Regulations.

3. Replacement of such employees shall be accomplished in a marjier consistent wi:h the needsof the school system and with laws and regulations concerning discrimination. V."here suchan employee is taking a short period of dme for rnaterraty purposes, every effort should bemade to treat such aisence in the same manner as an illness. Consideration should be givento Che circumstances in individual cases. Mothing in tnsse regulations, ho'-vever, shall beconstrued to require the holding of a specific opening for the return o: such employeeafter maternity where business necessity requires the idling of that position. The "businessnecessity" concept means that replacement is so necessary to the operation of che schoolsystem that the possible discrirrunafory effect is accepted. Among the criteria to befollowed are:

a. The duties of the position are essential to ongoing operations.

b. The position requires a ler.gthy period of on-the-jcb training.

c. The position can be filled with_ir. a short time; and replacement will not coincide withthe expected ame of return.

d. Tne position canr.ot reasonably be filled temporarily.

4. A permanent employee granted a maternity or child care leave while ser/ing provisionallyin a higher title shall upon return ta duty be restored to such provisional status if cheposition has not been filled by a permanent employee.

Effect on Probation

An employee in probationary status does not accumulate credit towards completion of, theprobaS.or.ary period during the time the employes is on unpaid leave.

Effective Da:£

These re-gulacians ar2 effective Sepce.-rjber 1. 1973.

Questions concerning this circular should bj directed rhrs'-rh normal supervisor*, ehanngis .

Schools in Community Districts should direct questions to the pirsonr.el oci^crj of their districts;City District schools co the otSce of thei. super'^isir-j 5uper:ntencir.r.ji. If personnel in theseofftcss .".eed assistance in ins-.v»ri.--g questions, cney ari :o refer the quessor.i, in v.ritm*, tothe Division of Personnel wruch vnjl reply prornpty.

\'ar.' cr^ly yours.

rl'-:ecuuva Direcxr

IrV-T

Kachmenc to Heads of Bureau Circular No. 11, 1973-1974

5la. Leaves of Absence fcr Maternity and/or Child Cars for Members of theAdministrative (non-pedagogical) Staff.

Leaves shall be graatad by the Chancallor for personnel under the jurisdiction of the CityBeard and by tne appropriate Community School Beard for personnel under its jurisdiction.

Leaves of absence shall be granted fcr purposes of maternity and child cars. Theemployee concerned should make reasonable notification of intent to take such leave sothat arrangements may be made by the appropriate authority for necessary replacementof Che employes during the period of the leave. Maternity leave shall be subject to theterms and conditions of laws, bylaws and regulations relating to leave with or withoutpay for personal illness except as provided herein.

Maternity leava shall commence at the date set in accordance with paragraph 2, atovaand shall end six weeks after the birth of the child or six weeks after the termination ofthe pregnancy. Such leave may be sooner terminated at the request of the employee in :accordance with regulations.

The following payments will be made in connection with such leave:

a. The employee may be paid for the days in her sick bank.

b. The employee may be paid for all accrued annual leave and compensatory timestanding to her credit after the exhaustion of sick bank credits.

Child care leave shall be granted to a natural or adoptive parent upon application. Suchleave ia granted to a member of staff so that he or she may devote a more substantialportion of his or her time to the care of the young child than could be done whilepursuing full-time employment; therefore, full-time employment while on such leavais prohibited. If both parents are employees of the school system, only one of the themmay be on a child cars leave at ar.y given time.

For an employee who has completed a maternity leave afte the birth of a child, the childcare leave stall commence at the termination of the maternity leave. For any otheremployee, it shall commence as granted.

The Chancellor shall make regulations.governing the maximum length of child careleaves. Leaves may be terminated at the request of the employee in accordance withregulations. Child care leaves shall be without pay except that employees may be paidfar all accrued annual leave or compensatory time standing Co their credic prior tocommencement of such leaves,

An employee in probationary status shall not accumulate cradit toward completion of theprobationary period during the time the employee is on unpaid leave. Replacement ofemployees shall be accomplished in a manner consistent with the needs of the schoolsystem and Federal laws and regulations concerning discrimination.

Health insurance coverage under the choice of plans provided to employees will continuewhile the employee is in pay status. Provided a pregnant smployee uses up all paid leavetime, coverage will continue until six weejcs after the birth of the child or termination ofpregnancy.

Any prior provisions of the Bylaws or any regulations notwithstanding, conditionsrelating to pregnancy may be charged to sick leave balances.

The Chancsllor is authorized to promulgate such regulations as may be necessary tncarry out the provisior-s of this section.