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(1) An employee may request leave for a pregnancy-related disability that occurs before the birth of a child. Leave must be requested and approved or disapproved consistent with the leave approval rule, ARM 2.21.906; the Montana Maternity Leave Act found at 49-2-310 and 49-2-311, MCA; and maternity leave rules found at ARM 24.9.1201 et seq. Medical certification for such leave may be required by the employer consistent with ARM 2.21.907.

(2) Six (6) calendar weeks after the birth of a child shall be considered a reasonable period of recovery from a temporary disability resulting from childbirth.

(3) An employee shall not be required to obtain medical certification of a temporary disability for the initial six (6) calendar weeks of leave following the birth of a child. If the employee requests leave due to disability which exceeds six (6) calendar weeks, the employee shall obtain medical certification that the additional leave is necessary, consistent with ARM 2.21.907.

(4) The agency may require notification from the employee that the employee plans to take a leave of absence after the birth of the child. The notification may include the anticipated length and types of leave the employee plans to take.

(5) Nothing in this rule prohibits an employee from voluntarily returning to work sooner than six (6) calendar weeks after the birth of a child, except where the employee is determined to be medically unfit in accordance with ARM 2.21.907(5) .

(6) Other requirements for the administration of maternity leave are found at 49-2-310 and 49-2-311, MCA, the Montana Maternity Leave Act, and in rules adopted by the human rights commission, department of labor and industry, found at ARM 24.9.1201 et seq.

(7) A permanent employee who is adopting a child or who is a birth father may request parental leave immediately following the child's birth or placement for adoption as provided in the parental leave policy, ARM 2.21.1001 et seq. An employee may request the use of additional leave consistent with rules and department policy applicable to the type of leave requested.

History: Sec. 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 1986 MAR p. 1815, Eff. 10/31/86; AMD, 1992 MAR p. 2372, Eff. 10/30/92.

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