The Family and Medical Leave Act of 1993 (FMLA) requires that the State System of Higher Education provide at least twelve weeks of leave (with or without pay) within a rolling twelve-month period to employees who have serious health conditions; who become parents through childbirth , adoption, or foster care placement; or who are needed to care for a seriously ill family member, as long as the employee has been employed at least one year (total employment, even if the employment was not continuous) and has been paid for at least 1,250 hours (which includes regular and overtime hours paid, but excludes holidays and other paid time off) during the previous twelve-month period. Provided below is information about the State System’s parental leave without pay with benefits program. All parental leave without pay used will be designated as leave under the provisions of the FMLA.
Permanent employees are entitled to six months (982.5 hours for employees who work 7.5 hour days, 1,048 hours for employees who work 8.0 hour days, or a prorated amount of hours for part-time employees) of parental leave without pay upon the birth, adoption, of foster care placement of a child. Leave time is calculated on an hour-for-hour basis against the hours of entitlement.
Written notification requesting parental leave without pay must be submitted at least two weeks in advance if circumstances permit and must state the anticipated duration of the leave.
When disabled due to childbirth or other disability, employees may use accrued sick leave or sick leave without pay. A doctor’s certificate stating the period of disability is required and should be forwarded as soon as possible. Before, during, after, or instead of parental leave without pay, employees may use accrued annual and/or personal leave, provided the leave would qualify as parental leave without pay. Paid leave may not be anticipated. The use of paid leave shall not be included when calculating the parental leave without pay entitlement.
Subject to management’s approval, employees may use leave on an intermittent or reduced-time basis at any time before the parental leave without pay entitlement expires. At the discretion of the university, at the end of the initial six-month parental leave without pay entitlement, an extension of parental leave without pay without benefits may be granted. Contact the Office of Human Resources, (724) 357-2431, for details regarding these options.
The entitlement to parental leave without pay expires one year from the date of birth, adoption, or foster care placement regardless of whether or not the full parental leave without pay entitlement was used.
Employees are eligible for a maximum of six months (982.5 hours for employees who work 7.5 hour days, 1,048 hours for employees who work 8.0 hour days, or a prorated amount of hours for part-time employees) of benefits while on parental leave without pay. The benefit entitlement includes both short- and long-term unpaid absences, and is cumulative for both sick and parental leave.
The following benefits continue during the entitlement period:
Employees have the right to return to the same position or an equivalent position with regard to pay and skill upon return from leave without pay. Failure to return to work following the termination of a leave without pay shall subject the employee to disciplinary action up to and including termination effective on the first day after the leave without pay ends.
Questions concerning parental leave without pay or the benefit entitlements while on a leave without pay may be referred to the Office of Human Resources, G-8 Sutton Hall, (724) 357-2431.