MEMORANDUM

TO: Pete Sprague, Assembly President

Assembly Members

THRU: Mayor Dale Bagley

THRU: Colette Thompson, Borough Attorney

FROM: Richard Campbell, General Services Director

DATE: November 14, 2002

SUBJECT: A Resolution Approving Changes to the Paternity and Adoptive Leave Provisions of the Collective Bargaining Agreement

Currently, employees giving birth may take up to 18 weeks of sick leave (and, if the balance is insufficient, their annual leave, then leave without pay). Provisions for paternity leave and adoptive leave differ as follows:

"Section 9. Paternity Leave: The Borough shall grant male 40 hour employees 80 hours and male 56 hour employees 112 hours of paternity leave to be deducted from their sick leave accrual, or to be granted as annual leave if insufficient sick leave is available, or to be granted as leave without pay if insufficient annual leave is available.

Section 10. Adoptive Leave: An Employee shall be entitled to up to a total of 80 hours of sick leave (or 112 hours in the case of 56 hour employees) to attend to activities involved in adoption proceedings and to care for newly adopted children. In the event the child to be adopted is younger than 2 years of age, an employee shall be entitled to use up to 320 hours of sick leave. Annual leave may be used if insufficient sick leave is available, or leave without pay may be used if insufficient annual leave is available."

We have concerns over the disparity of these provisions from both equal protection and sexual discrimination standpoints. Making all three types of leave the same will be fair and equitable to all.