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Do you think the claimant in this case be awarded maternity leave or not?

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Answer the following questions based on the facts below:
Do you think the claimant in this case be awarded maternity
leave or not? Why or why not? If the claimant only intended to take
a six-month leave, should it make any difference what kind of leave
she was granted? Why or why not? Facts: A member of the bargaining
union adopted a baby girl. She delayed the adoption for three weeks
to avoid missing work because it was a busy time for her employer.
When she finally adopted the baby, she took a two-week vacation and
then applied for a six-month unpaid maternity leave pursuant to the
contract, which read in part:
Article X Leave of absence Section 4
Unpaid leaves Reasonable purpose
1. Leaves of absence for a limited period without pay, not to
exceed 90 days, shall be granted for any reasonable purpose.
Extension to be granted with approval of Borough Council.
2. Reasonable purpose in each case shall be agreed upon by the
Union and the Borough. Maternity 1 Maternity Leaves, not to exceed
six months, shall be granted at the request of an employee.
Maternity leaves shall, upon the request of the employee, be
extended or renewed for a period not to exceed six months.
The employer denied her maternity leave request but offered her
a first and second 90-day leave for “reasonable purpose.” The
employee filed a grievance. The employer contended that the
employee is not entitled to maternity leave because she did not
conceive and bear the child. The term maternity modifies leaves and
as such is an adjective defined by Webster’s Dictionary to refer to
“women during pregnancy and confinement.” Other collective
bargaining agreements correctly refer to the leave as childbirth
leave and this is obviously the purpose. The employer offered the
grievant a reasonable-purpose leave she refused to take, which
would have been the same six months off. The grievant contended
that the term maternity leaves in the contract is a noun defined by
Webster’s Dictionary to refer to “the quality or state of being a
mother.” Maternity leaves are to provide both for the physical
health and recovery of the mother and for the child rearing after
birth. The length of time, an initial six months, and the ability
to request another six moths would not have been provided if it
were for the purpose of physical recovery alone. Obviously, the
maternal relationship during the first months of an infant’s life
is important to its development, regardless of whether the infant
is adopted or biological. Decision: The arbitrator found no basis
for the employer’s contention that the leave was limited to
childbirth leave. Other contracts that mean childbirth leave use
that term. This contract said maternity leaves and the arbitrator
agreed that maternity included acting as mother after the child is
born. The six-month leave was granted. [1]

 
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