(a) Any employment practice, policy or procedure which excludes from employment opportunities any employee due to pregnancy, childbirth or related medical conditions is hereby determined to be in violation of Title VII of the Civil Rights Act of 1964. No department head shall engage in any such practice within the City employment.
(b) Definitions. For the purposes of this section, the following definitions shall apply:
(2) "Leave of absence" means a permitted leave of absence from work during which time benefits shall continue to accrue but salary and monetary compensation shall not be earned or paid.
(3) Calculation of days off - for the purpose of the policy, any leave of absence shall be calculated on the basis of calendar days and sick leave shall be calculated on the basis of five sick days equaling one calendar week.
(c) Each female employee of the City shall be notified that it is the policy of the City to treat maternity related matters of pregnancy, childbirth and related medical conditions as follows:
(1) Any disability caused or contributed to by maternity related matters of pregnancy, childbirth or related medical conditions, shall be treated the same as disabilities caused or contributed to by other medical conditions. It is determined that a reasonable recuperation period, in the absence of extenuating medical problems, should not exceed sixty calendar days. (Sixty calendar days equals eight and one-half weeks or forty three days.)
(2) Any employee required to be absent from work due to pregnancy, childbirth or related medical conditions shall be entitled to use any existing sick leave for medical treatment for the employee or her child and for a period of time for recuperation of the employee not necessitating medical treatment not exceeding a total of forty-three sick days.
(3) In the event that an employee desires to not use sick leave credits for pregnancy related matters, she may request and receive a leave of absence without pay for a period of sixty calendar days, provided that such leave of absence is granted the employee shall not thereafter be entitled to use sick leave for pregnancy related matters.
(4) The employee shall apply for any necessary sick leave or shall apply for a leave of absence in lieu of sick leave upon the basis of pregnancy, childbirth or related medical condition as soon as she becomes aware of such condition.
(5) In the event the employee chooses the option of sick leave, after the exhaustion of forty-three days of sick leave credits, an employee may use, but shall not be required to use, vacation time for periods of disability caused or related to pregnancy, childbirth or related medical conditions.
(6) In the further event that an employee requires more time than she has entitlement to based upon sick leave, such employee may be granted up to a combination of sixty calendar days of sick leave and a leave of absence, without pay, during which her re-employment shall be guaranteed. For example, in the event an employee has sick leave entitlement to cover only thirty calendar days, she will be granted a leave of absence, without pay, for an additional thirty calendar days in order to have a minimum of sixty calendar days.
(7) In order to use sick leave for maternity matters beyond the forty-three sick days, the employee shall be required to submit a doctor's report setting forth that the employee is not physically capable to perform her duties and the specific medical problems of herself or her child which are causing such disability. Failure to supply such evidence of disability before the end of the sixty-calendar-day period will be considered an abuse of sick leave privileges.
(8) Due to unusual or prolonged medical problems, additional sick leave or leave of absence may be granted upon recommendation of the department head and approval of the Mayor for good cause shown.
(9) During any leave of absence for such purposes, the employees' benefits other than pay or compensation shall continue to accrue.
(Ord. 89-89. Passed 9-26-89.)