OFFICIAL OPINION No. 8

OFFICIAL OPINION No. 8 Schools and school districts-Maternity leave. 1. School Districts are bound by regulations of the Human Relations Commis- sion regarding maternity leave and the rehiring of teachers following such leave. 2. Maternity leaves are to be handled in the same manner as sabbatical, mili- tary, and other leaves-that is, that a substitute be employed to replace the pregnant teacher during the period of maternity leave. 3. The problem of what happens to the replacement teacher is thereby solved since she is employed only for the period of the leave. Dr. David H. Kurtzman Secretary of Education Department of Education Harrisburg, Pa. Dear Dr. Kurtzman: This is in response to your inquiry of February 16, 1971. As stated in the advisory of January 21, 1971, the school districts are bound by the regulations of the Human Relations Commission regarding maternity leave and the rehiring of the teacher following such leave. OPINIONS OF THE ATTORNEY GENERAL 19 It would appear proper that maternity leaves be handled by the school districts in the same manner as sabbatical, military and other leaves. That is that a substitute be employed to replace the pregnant teacher during the period of the maternity leave. By this procedure, the problem of what happens to the replacement teacher is solved since she is employed only for the period of the leave. As to the pending case, the Commission's regulation is binding. Sincerely yours, J. SHANE CREAMER, Attorney General.