(a) A female employee who has completed probation will be eligible for maternity leave for that period of time that she is physically incapable of performing her regular work related duties. The employee will be required to document her physical condition in a Statement of Attending Physician forwarded to the City. Application for such leave will be made on the approved form.
The employee shall be entitled to use as much of her accumulated sick time as she desires, in lieu of a Leave of Absence Without Pay, during this period of time. The employee may request additional release time prior and/or subsequent to the above stated disability. Such requests shall be made as provided in Sections 2121.50 (Leave of Absence Without Pay) through 2121.58 (Employment by Bargaining Agent).
(b) A male employee shall at the option of the employee be entitled to sick pay for the maternity of his spouse. The male employee shall be entitled to take up to ten (10) days from accrued sick days for the purpose of staying home to assist his family at the time of his wife's delivery. The Union hereby agrees to hold harmless and indemnify the City for any liability which may arise over the enforcement or application of this provision.
(c) It is the Parties' express intent that this section shall not be applied or interpreted in such a manner as to cause or constitute a violation of any law, specifically including PL 103-3 known as the Family and Medical Leave Act of 1993; provided, however, that any remedy for violation of this Act shall be as set forth in the Act.