CHAPTER 153

PROVIDING FOR MATERNITY LEAVE FOR SCHOOL EMPLOYEES

AN ACT TO AMEND TITLE 14 DELAWARE CODE ENTITLED "EDUCATION" BY PROVIDING FOR MATERNITY LEAVE FOR PROFESSIONAL EMPLOYEES OF THE PUBLIC SCHOOL SYSTEM.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 13, Title 14, Delaware Code is amended by adding a new section as follows:

§ 1323. Maternity leave

(a) The School Districts, Special School Districts, Board of Education for the City of Wilmington, and the State Board of Education shall grant leave of absence as maternity leave to fully certificated professional employees under rules and regulations of the State Board of Education.

(b) The rules and regulations of the State Board of Education made relative to leave of absence for maternity shall include at least the following provisions:

(1) Request for maternity leave must be presented in writing to the proper Board of Trustees or Board of Education no later than the end of the third month of pregnancy.

(2) The effective date for the beginning of the leave shall be no later than the end of the fifth month of pregnancy.

(3) The duration of the leave shall be until the first birthday of the child or the opening of the next regular school term after the first birthday of the child, except that by petition of the mother, approved by the local board, to the State Board of Education, permission may be granted for the mother to return to work at an earlier date.

(4) At the end of any maternity leave the professional employee shall be accepted into full time employment by the leave granting board and assigned to the same or a similar position to the one from which leave was granted. In no case may assignment be made so as to invalidate the professional employee's certification status or to bring about a demotion in position or salary.

(5) The period of absence for maternity leave shall not be counted in the determination of experience, salary, or pension eligibility and computation time.

Approved June 13, 1957.