Under state Pregnancy Disability Leave law, pregnant employees are entitled to up to four months of unpaid leave time (prorated for part-time employees) for disability due to pregnancy, childbirth, and pregnancy-related conditions, including prenatal care and severe morning sickness. Pregnancy Disability Leave usually runs concurrent with Family Medical Leave Act (FMLA) time. This leave may be paid or unpaid, depending on the employee’s leave balances; however, the use of accrued sick leave is required.
The employee must furnish appropriate Medical Certification substantiating the need for leave and specifying the leave duration. In no event shall an employee return to work after pregnancy prior to a date to be fixed by her physician in a signed statement that she is physically able to perform the duties of her position. Leave forms are available from Department Representatives and from the HR Toolbox tab on workforceexchange.net.
For a pregnant employee in the RSA or LEMU bargaining unit, no later than her sixth month of pregnancy, she must provide her department with a doctor's statement, which estimates the date of delivery. If she wishes to work past the seventh month of pregnancy, a doctor's certificate is required which states that she is able to work through a certain date. In order to return to work sooner than one month following delivery, the employee must provide a doctor's release, stating she is physically able to perform the functions of her position.