Current through Register Vol. 54, No. 19, May 11, 2024
Section 41.103 - Employment benefits and security during disability(a)Temporary disability due to pregnancy or childbirth. Written and unwritten employment practices and policies regarding job benefits and job security, including, but not limited to, commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.(b)Permanent disability due to pregnancy or childbirth. Written and unwritten employment practices and policies regarding job benefits and job security, including, but not limited to, commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under a health or disability insurance or sick leave plan, formal or informal, shall be applied to permanent disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other permanent disabilities.(c)Other. Mandatory maternity leave policies which require a pregnant employe to take leave automatically at a specified time during pregnancy or to remain away from work after she has recovered from her disability are in violation of the Pennsylvania Human Relations Act (43 P.S. §§ 951-963). An employer shall accept the determination of a pregnant employe's physician regarding pregnancy-related disabilities where it accepts the medical judgment regarding other disabilities.The provisions of this § 41.103 adopted May 16, 1975, effective 5/17/1975, 5 Pa.B. 1298.