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