(A) The city recognizes that employees may need to be absent from work to care for a newborn child or newly adopted or placement of a foster child (referred to as parental leave in this policy), or due to a pregnancy-related condition (referred to as pregnancy leave in this policy). The city provides pregnancy and parental leaves of absence to all eligible employees in accordance with the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Kentucky Pregnant Workers Act, and any applicable state law.
(B) The City Clerk is responsible for the administration of this policy. If an employee has any questions regarding this policy, or if they have questions about pregnancy or parental leave that are not addressed in this policy, the employee should contact the City Treasurer.
(C) If an employee needs to take parental leave for the birth of their child or to care for a newly adopted or foster child, the employee should provide advance notice to their supervisor or the City Clerk. When possible, the employee should give at least a 30-day notice of the request for leave. If a 30-day notice is not possible because of medical necessity or for other reasons, the employee should give as much advance notice to the city as possible.
(D) Written notice is preferred, but not required. If the employee is suffering from a pregnancy-related disability and requires reasonable accommodation (which may include leave) for this purpose, the employee should speak with their department director and/or the City Clerk to discuss a reasonable accommodation. The employee may be required to submit medical certification of disability.
(E) During pregnancy and parental leave, employees will be paid 50% of their normal rate of pay for four weeks. Employees also may use any or all their accrued but unused vacation or other paid time off during their pregnancy and parental leave.
(F) During pregnancy and parental leave, all benefits provided under an employee benefit plan are governed by the terms and conditions of the applicable employee benefit plan documents in accordance with applicable law. For all other benefits, an employee on pregnancy or parental leave will receive the same rights and benefits as employees on a paid or an unpaid leave of absence.
(G) The employee’s job will be held for them in accordance with applicable law while they are on pregnancy or parental leave.
(H) If the employee is on pregnancy-related disability leave, when they are able to return to work, they must submit a doctor’s certification stating the employee is medically able to return to normal duties. Continued absence from work beyond the required disability leave period (as determined by the employee’s physician) and exhaustion of all other available leave may be deemed a voluntary abandonment of the job.
(I) Nothing in this policy requires the city to reemploy individuals who are not eligible for reemployment rights under applicable law.
(J) The city prohibits, and will not tolerate, discrimination or retaliation against any employee or applicant because of that person’s pregnancy or parental leave. Specifically, no one will be denied employment, reemployment, promotion, or any other benefit of employment or be subjected to any adverse employment action based on that person’s pregnancy or parental leave. In addition, no one will be disciplined, intimidated, or otherwise retaliated against because that person exercised rights under this policy or applicable law.
(K) The city is committed to enforcing this policy against discrimination and retaliation. However, the effectiveness of our efforts depends on employees telling us about inappropriate workplace conduct. If employees feel that they, or someone else, may have been subjected to conduct that violates this policy, they should report it immediately. If employees do not report such conduct, the city may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.
(Ord. 5-11-2023-A, passed 6-8-2023)