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HomeMy WebLinkAboutResolutions - 1977.06.02 - 1321710.29 June 2, 1977 Miscellaneous Resolution BY: PERSONNEL COMMITTEE - John J. McDonald, Chairman IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULE 21 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (3) days after such meeting unless objection is received in writing by the Chairman of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board; and WHEREAS it has become desirable to make certain changes in the wording of Rule 21, as spelled out in the attachments to this resolution; and WHEREAS your Personnel Committee has reviewed and approved these changes at its meeting of May 25, 1977, NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this notice and the attached form labeled "Proposed Changes in Merit System Rule" to all the Commissioners present and absent to be considered as the official submission to the Board of Commissioners, of the described changes in Rule 21. The Personnel Committee, by John J. McDonald, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE John/J. McDonald, Chairman SECTION TO BE CHANGED ON PAGE [I OF Co ee Date: 5/12177 Personne Oakland County Merit System PROPOSED CHANGE IN MERIT SYSTEM rams RULE NUMBER RULE TITLE MATERNITY LEAVE PRESENT WORDING See Attachment A. PROPOSED WORDING See Attachment B. See Attachment C. Change Submitted by: County Executive: Personnel Committee: REASON FOR CHANGE .1.••nn•nn11•10mapplippisgp.MIN Approved 0 Disapproved by: Daniel T, Murphy Date: 5/25/77 Approved [i] Disapproved by: John J. McDonald Date:5/25/77 Chairman Introduced to Board of Commissioners: Date: 6/2/77 Section IV Subsection A of Merit System Resolution Copies of the rules and regulations developed by the Personnel Committee and all future changes in such rules and regulations shall be submitted to the Board of Commissioners at a regular meeting of the Board of Commissioners and shalt become effective thirty days after such meeting unless objection is received in writing by the Chairman of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board of Commissioners. Attachment A RULE 21 — MATERNITY CASES * Section I NOTIFICATION OF DEPARTMENT HEAD A. Pregnant employees must notify their Department Head of their pregnancy as soon as medical confirmation of the pregnancy is received., , . 1. This notice shall include the estimated date of delivery. B. Each month of pregnancy, starting with the beginning of the fourth month, the pregnant employee must supply her Department Head with a statement from her physician that she can continue her duties as a County employee for another month. I. A copy of this statement should be forwarded to the Personnel Division each month. 2. The pregnant employee shall not be allowed to continue her County employment without the submission of this statement. a. Failure to submit this monthly statement may be cause for dismissal. * Section II TIME OFF FROM WORK FOR MEDICAL EXAMINATION AND TREATMENT DURING PREGNANCY (Not including the immediate pre-natal, birth and immediate post-natal period.) Subject to the Merit System Rules covering Sick Leave, Annual Leave, Accumulated Compensatory Time and Leaves of Absence Without Pay, such methods may be used to cover time off from work by a pregnant employee for medical examinations and treatment during pregnancy. * Section III TIME OFF FROM WORK FOR THE IMMEDIATE PRE-NATAL, BIRTH AND IMMEDIATE POST-NATAL PERIOD Subject to the Merit System Rule covering Sick Leave, Annual Leave, Accumulated Compensatory Time and Leaves of Absence Without Pay, such methods may be used to cover time off from work by a pregnant employee for the immediate pre-natal, birth and immediate post-natal period, for a length of time not to exceed ninety consecutive calendar days from the date the employee first leaves for this purpose. This ninety day period shall beg-in at least thirty days prior to the estimated date of delivery and shall extend at least thirty days after the birth. * Section IV RETURN TO WORK AFTER TIME OFF FROM. THE IMMEDIATE PRE-NATAL, BIRTH AND IMMEDIATE POST-NATAL PERIOD An employee will not be allowed to return to work after this period until she has supplied her Department Head with a statement from her physician that she is physically and medically able to return to her duties as a County employee. Sections I, II and III amended and Section IV added by the Board of Commissioners in Miscellaneous Resolution No. 5964, March 16, 1972; changes effective April 17, 1972. A. A. 1. A. Blvente.. eed 44 ITTILIP 1. 1. A copy of this statement shall be forwarded to the Personnel Division. Employees failing to return to work at the end of the ninety day period may request a further Leave of Absence Without Pay of up to ten months, the granting of which shall be at the discretion of the employee's Department Head, Employees who do not return to work at the end of the ninety day period, and who do not receive an additional Leave Without Pay, will be separated from their County employment, but may qualify for re-employment under Rule 12. Attachment B RULE 21 7 MATERNITY LEAVE Section I NOTIFICATION OF DEPARTMENT HEAD A. WRITTEN NOTICE Pregnant employees must notify their Department Head of their pregnancy as soon as medical confirmation of the pregnancy is received. 1. This notice shall be in writing and shall include the estimated date of delivery. 2. A copy of this notice shall be forwarded by the employee's Department to the Personnel Department for the employee's records. B. MEDICAL CERTIFICATION Each month of pregnancy, starting with the beginning of the sixth month, the pregnant employee must supply her Department Head with a statement from her physician that she can continue her duties as a County employee for another month. 1. A copy of this statement should be forwarded to the Personnel Department each month. 2. The pregnant employee shall not be allowed to continue her County employment without the submission of this statement. a. Failure to submit the required monthly statement may be cause for disciplinary action. Section II TIME OFF FROM WORK FOR MEDICAL EXAMINATION AND TREATMENT DURING PREGNANCY (Not including the immediate pre-natal, birth and immediate post-natal period.) A. Subject to the requirements of the Merit System Rules covering Sick Leave, Annual Leave, Accumulated Compensatory Time and Leaves of Absence Without Pay, such methods may be used to cover time off from work by a pregnant employee for medical examinations and treatment during. pregnancy. B. The employee shall provide a statement from her physician verifying that such time off was for the purpose of medical examination or treatment. Rule 21 - Page 1 of 2 Section III TIME OFF FROM WORK FOR THE MEDIATE PRE-NATAL, BIRTH AND IMMEDIATE POST-NATAL PERIOD A. Subject to the requirements of the Merit System Rules covering Sick Leave, Annual Leave, Accumulated Compensatory Time and Leaves of Absence Without Pay, such methods may be used to cover time off from work by a pregnant employee for the Immediate pre-natal, birth and Immediate post- natal period, for a length of combined leave time not to exceed ninety consecutive calendar days from the date the employee first leaves for this purpose. B. Maternity leave of no more than ninety days, as noted above, shall be at the pregnant employee's option. C. The ninety day maternity leave period shall begin at the time the employee's physician will no longer certify her as able to continue her duties as a County employee or requests in writing that the employee be placed on Maternity Leave. Section IV RETURN TO WORK AFTER TIME OFF FROM THE IMMEDIATE PRE-NATAL, BIRTH AND MEDIATE POST-NATAL PERIOD A. An employee will not be allowed to return to work during or after this period until she has supplied her Department Head with a written statement from her physician that she is physically and medically able to return to her duties as a County employee. 1. A copy of this statement shall be forwarded to the Personnel Department for the employee's record. B. Employees unable to return to work at the end of this period, or who may be able to return but prefer to extend their maternity leave, may request a further Leave of Absence Without Pay of up to ten months total, including the ninety day pre-natal, delivery and post-natal employee option. This extension of maternity leave (over and above the employee's optional ninety day period) shall be at the discretion of the employee's Department Head. 1. Employees who do not return to work at the end of the ninety day period or at the end of an authorized extension of Leave of Absence Without Pay beyond the ninety day period, will be considered on unauthorized leave which may be cause for disciplinary action up to and including dismissal from County employment. 2. Employees who do not wish to return to work after the leave periods noted above may qualify for reemployment under Merit System Rule 12, if their separation, rather than dismissal from County employment, is the result of a voluntary resignation submitted prior to and effective at the expiration of authorized leave. Rule 21 - Page 2 of 2 Attachment C RULE 21 .,- MATERNITY LEAVE REASON FOR CHANGE: Current 30 days before, 30 days after delivery time-off requirements are arbitrary and have a discriminatory effect against female employees. Many pregnant employees cite the fact that their own physicians find them physically capable of working up to the time of delivery and of returning shortly after delivery and that their financial circumstances require that they work beyond the current rule restrictions, Court decisions support the proposed changes. In addition, it is likely that our current policy of mandatory maternity leave will be officially treated as a layoff which would qualify such employees for unemployment compensation under the County's Unemployment Compensation Ordinance,