Likewise, if the firm has a general disability policy, but it has restrictions that would limit its availability for pregnancy and childbirth, the firm may waive those restrictions or supplement its provisions to overcome those restrictions in order to make benefits available for pregnancy and childbirth. Alternative A would also serve that purpose. In that case a California statute which required employers to provide leave and reinstatement to employees disabled by pregnancy, but not by other conditions, was found not to be violative of Title VII because of its provisions favoring pregnant workers above other disabled workers. Such a presumptive period eases the administrative burden on both the firm and the affected attorney. This policy uses the presumptive period of 12 weeks for all childbirth under the assumption that the work of an attorney may be so demanding in terms of time, commitment, stamina and potential stress that optimal physical fitness is necessary for performance of the job.
Some firms use a shorter presumptive period.
The American College of Obstetricians and Gynecologists has established that, for a normal, uncomplicated pregnancy, the per se period of disability ends six weeks following delivery. It adds, however, that each woman must be evaluated individually and that a somewhat longer period of disability may be indicated by several factors, including jobs requiring greater physical agility or stamina. The American Medical Association endorses this standard. 6 A longer presumptive period, typically eight to ten weeks, is ordinarily established for a Caesarean delivery. This policy does not include any provision regarding the effect of the employee's resignation or termination of employment upon the use of disability leave.