Female employees who give birth
Leave requests up to twelve weeks for the birth of a child must be granted under FMLA if the employee meets the eligibility requirements. The leave may be taken anytime during the first year after the birth.
A woman who gives birth to a child may use accrued disability leave for the period of time during which she is medically unable to work before and/or after the birth. Use of disability leave will normally be approved for six weeks following a birth without requiring a doctor’s certification. Longer use of disability leave is appropriate if the mother has a serious medical condition as defined by the FMLA; it requires a doctor’s certification of medical necessity. If a woman does not have enough accrued disability leave to cover the period during which she is unable to work, she may use any accrued annual leave* or compensatory time, and/or request a leave without pay. Leave requests for more than twelve weeks require the supervisor’s approval. In unusual circumstances where the woman is medically unable to work for more than six months, she should apply for long-term disability benefits.
If a woman would like leave to care for the infant beyond the period during which she is medically unable to work, she may use annual leave or compensatory time. When annual leave and compensatory time are exhausted, she may request leave without pay for up to one year (12 weeks for employees in the Police Unit). Extensions of unpaid leave beyond this limit may be approved under some leave policies.
Employees who are spouses or domestic partners
Leave requests up to 12 weeks for the birth of a child must be granted under FMLA if the employee meets the eligibility requirements. The leave may be taken anytime during the first year after the birth.
A woman who gives birth to a child may use accrued disability leave for the period of time during which she is medically unable to work before and/or after the birth. Use of disability leave will normally be approved for six weeks following a birth without requiring a doctor’s certification. Longer use of disability leave is appropriate if the mother has a serious medical condition as defined by the FMLA; it requires a doctor’s certification of medical necessity. If a woman does not have enough accrued disability leave to cover the period during which she is unable to work, she may use any accrued annual leave or compensatory time, and/or request a leave without pay. Leave requests for more than 12 weeks require the supervisor’s approval. In unusual circumstances where the woman is medically unable to work for more than six months, she should apply for long-term disability benefits.
If a woman would like leave to care for the infant beyond the period during which she is medically unable to work, she may use annual leave or compensatory time. When annual leave and compensatory time are exhausted, she may request leave without pay for up to one year (12 weeks for employees in the Police Unit). Extensions of unpaid leave beyond this limit may be approved under some leave policies.
Annual leave, compensatory time, or leave without pay may also be used beyond the period for which disability leave is appropriate, up to six months for Service & Maintenance and Police Unit employees and up to one year for all other employees.
Adoption
Either parent may request leave at the time of adoption of a child. The federal FMLA provides all employees with up to twelve weeks of leave following adoption or placement of a child; Maine FMLA provides employees whose domestic partner adopts a child up to ten weeks of leave following adoption or placement. Faculty may use up to 30 days of accrued disability leave for adoption, and salaried employees up to 20 days for an adoption that requires the employee’s presence (such as foreign travel for an international adoption, or agency requirements that a parent remain home with a child after placement). All employees may use annual leave, compensatory time, and leave without pay during the adoption.
Placement of a foster child is treated like adoption for purposes of employee leave requests
Checklist for pregnancy and the period after childbirth