The CSW recommends the immediate adoption of a revised maternity leave policy for staff, as follows:

UK UNIVERSITY SENATE AD HOC COMMITTEE ON THE STATUS OF WOMEN Recommendation to University of Kentucky Employee Benefits Committee, the Equal Opportunity Panel, and the Faculty Senate Council

REVISION TO UK POLICIES REGARDING MATERNITY LEAVE FOR STAFF

PURPOSE: Request revision of University of Kentucky Staff Personnel Policy and Procedure Number 82.0: Temporary Disability Leave (Revision 4/1/90) and Number 88.0: Family and Medical Leave (08/05/93) with regard to pregnancy, childbirth and related medical conditions.

JUSTIFICATION: Current policy is in violation of Title VII of the Civil Rights Act of 1964 since it treats women affected by pregnancy, childbirth or related medical conditions differently than persons not so affected but similar in their ability or inability to work.

BACKGROUND: University of Kentucky Staff Personnel Policy and Procedure Number 82.1.18 states that "Temporary disability leave for childbearing purposes normally shall not exceed thirty (30) working days (six (6) calendar weeks)." However, there are no similar limitations on the amount of temporary disability leave (TDL) for any other illness or injury. Limiting the amount of TDL allowed for childbearing purposes while not limiting the amount of TDL allowed for persons similarly affected in their ability or inability to work is a violation of Title VII of the Civil Rights Act of 1964.

COMPARISON: A survey of the University of Kentucky's benchmark institutions indicated that eight of the eleven institutions (University of North Carolina - Chapel Hill, University of Illinois, Indiana University, North Carolina State University, West Virginia University, Virginia Tech, University of Tennessee - Knoxville, and the University of Missouri) do not treat temporary disability leave for childbearing purposes differently than other temporary disabilities (Information was not available on policies at The Ohio State University and Purdue University. The University of Virginia's policy is similar to the University of Kentucky's policy.). For example, Indiana University's Sick Leave Policy B.2 states that "Medical disabilities resulting from pregnancy will be treated as any other temporary medical disability." The University of Missouri's Sick Leave Policy states that "Disability due to pregnancy is treated as any other illness or disability."

RECOMMENDATION: University of Kentucky Staff Personnel Policy and Procedure Number 82.1.18 should be revised to read:

"Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom shall be, for all job-related purposes, temporary disabilities and shall be treated the same as any other off-the-job illness or disability would be treated for sick leave entitlement." [Based on West Virginia University's Sick and Emergency Leave Policy 8.4] Leave with pay shall be granted based on the number of days of sick leave accumulated, then vacation leave shall be used. If the physician determines additional time is needed, then leave without pay shall be granted." [Based on Oklahoma State University's Maternity Leave Policy 1-0701].

NOTE: University of Kentucky Staff Personnel Policy and Procedure Number 88.1: Family and Medical Leave (08/05/93) should also be revised to delete the reference to the "thirty (30) working days childbearing leave that is provided for employees under Policy 82.1.18."

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