Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

16 Pa. Code § 41.104. Childrearing leave.

§ 41.104. Childrearing leave.

 (a)  Nothing in this subchapter prohibits an employment policy that permits granting of leave for purposes of childrearing beyond the period of actual disability, but the leave may not include payment of sickness or disability benefits.

 (b)  Should an employer maintain a written or unwritten employment policy or practice which allows employes leave for purposes of childrearing and child care, the leave shall be equally applicable to both male and female employes. The word ‘‘child’’ or ‘‘children’’ used in this section includes children by birth or adoption.

Notes of Decisions

   While a school board may provide for discretionary unpaid leave, it may not exercise its discretion in a discriminatory manner, and a denial of discretionary leave to a female teacher for purposes of medically-recommended breastfeeding clearly violates this provision. Board of School Directors of Fox Chapel Area School District v. Rossetti, 411 A.2d 486 (Pa. 1979). (Dissenting Opinion).

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