The Painters and Allied Trades LMCI has approved funding for a maternity leave program to be administered by local health and welfare funds. LMCI will reimburse all local funds for providing this benefit, provided that the fund adopts and applies its criteria for the program.
Jointly administered by the International Union of Painters and Allied Trades and its employers, the LMCI promotes the interests of IUPAT members and employers.
Once adopted by the local welfare fund, the program creates a benefit for 6-weeks of paid leave for all working participants who give birth. If the participant gives birth by caesarean section, the paid leave may be extended to 8 weeks. Further, if a participant is certified by their health care provider as being unable to work during their pregnancy, they may receive up to 6 months of paid leave prior to giving birth.
The weekly benefit amount is based on two-thirds (2/3) of the participant’s regular weekly pay, up to a maximum of $800 per week.
The local welfare plan must adopt the following criteria to be eligible for LMCI reimbursement:
Program is available only to a participant on whose behalf contributions are made to the local health plan, not spouses or children;
Participant has submitted certification of their pregnancy from their medical doctor verifying they are unable to perform the duties of their trade due to physical limitations arising from the pregnancy (for pre-delivery leave only);
Participant was eligible for coverage under their local health plan on the date of disability;
Participant has not used this benefit within the past 24 months; and
Maternity Program would not be available to:
- Canadian residents
- While Canadian members currently have access to maternity leave benefits that are unavailable to US members, LMCI recognizes these benefits may be insufficient. LMCI is currently investigating how it may expand this program in the future to provide supplemental assistance for Canadian members.
- Members who do not participate in local welfare fund
- Surrogate-related pregnancies
- Adoption of a child
- Foster care situations
Time Periods for Eligibility
1. Pregnancy (Pre-Delivery/Birth):
For Paid Maternity Leave to commence prior to delivery/birth, the participant must be deemed unable to work by their medical doctor. This certification must indicate that the participant is not able to work due to physical limitations arising from the pregnancy, but eligibility for the benefit shall not begin until the onset of the 4th month of pregnancy.
This cumulative pre-delivery/birth benefit may be intermittent and may not exceed six (6) months. After six months, the Paid Maternity Leave benefit payments will stop regardless of whether the participant is able to return to work or not.
At LMCI’s request, the plan shall require re-certifications of continued inability to work, from time to time by the participant’s medical doctor during the pregnancy.
Regardless of what was covered pre-delivery, the participant will be eligible for up to six (6) weeks of paid leave after the birth of their child, with two (2) additional weeks available for Cesarean deliveries.
3. Benefit Amount
Benefit Payment: is equal to 66.67% of the participant’s normal weekly earnings to a maximum of $800.
Weekly earnings shall be determined to be the hourly wage based on a 40-hour work week. Benefits shall be calculated at the rate of 1/7 of the weekly benefit for each day of Total Disability when totally disabled for less than a full week.
Benefit payments are calculated using the following formula:
66.67% of Normal Hourly Wage x 2080 ÷ 52 = Weekly Benefit ($800 cap) We are excited to implement this program and encourage you to reach out to my office if you have any questions.
Contact your district council to learn more about this new benefit.