Parental Leave
Birth Mother and Adoption Policies and Best Practices
- Definition
- Exhaustion of Leave
- Return to Work
- Communication
- Between Department and Employee
- With Treating Healthcare Provider (THP)
- With Co-Workers of Absent Employee
- Resources
Parental Leave Scenarios
- Biological Birth/Recovery/Bonding Extends into New Calendar Year
- Biological Birth/Recovery/Bonding; Birth Mother Exhausts FMLA during Leave
- Biological Birth/Recovery/Bonding; Use of Catastrophic Leave, Unpaid Leave and FMLA
- Biological Birth/Recovery/Bonding, Birth Mother and Father are University Employees; Use of Paid Leave and FMLA
- Biological Birth/Recovery/Bonding, Father’s Use of Family Caregiving and FMLA Leave
Birth Mother and Adoption Policies and Best Practices
Birth Mother
Pay: Leave is paid if paid leave is available. Birth mother uses accrued sick leave followed by vacation then Catastrophic Leave.
Application: Provides prenatal care and medically related disability leave following child’s birth. Applies only to birth mother of a newly-born child.
Maximum Amount: Prenatal care and six consecutive weeks regardless of FTE percent, immediately following birth. Extension for personal medical condition requires medical documentation.
Eligibility: No length of service requirement.
Authorization and Documention: Documentation for prenatal care can be requested, if needed. No authorization by department.
Father
Pay: Leave is paid if paid leave is available. If Family Caregiving Leave is available, followed by vacation.
Application: Provides care and support for birth mother for prenatal care and medically related disability/recovery leave following child’s birth. Applies only to father of newly-born child.
- AFSCME- An employee covered by the AFSCME bargaining agreement who is the father or registered domestic partner may use sick leave as Family Caregiving Leave for the delivery/birth of his/her child.
- SEIU- An employee covered by the SEIU bargaining agreement who is the father or registered domestic partner may use Family Caregiving Leave during the birth/delivery of his/her child.
- SEIU and AFSCME- A father or registered domestic partner who is an employee covered by the SEIU or AFSCME bargaining contract may be able to use intermittent or continuous Family Caregiving Leave after the birth mother’s discharge from the hospital which is typically the six weeks of recovery, if the wife/partner meets the definition of ill and injured and if the father/partner is needed to provide care and necessary attention.
Maximum Amount: The available balance of Family Caregiving Leave, up to 80 hours for full time employees, vacation.
Eligibility: No length of service requirement.
Authorization and Documention: No authorization by department unless required for prenatal.
Adoption
Pay: Leave is paid if parent has accrued sick leave. Vacation can be substituted if sick leave is not available.
Application: To be with child following adoption. Typically occurs immediately following adoption. Applies only to parent of legally adopted child.
Maximum Amount: Five days per event charged to Adoption Leave. When both parents work at UI, each parent may have up to five days. Additional leave is vacation. Leave is intended to be continuous.
Eligibility: Must have sick or vacation leave accrued. No length of service requirement. Newly adoptive parents (including domestic partner).
Authorization and Documentation: Department must authorize. Documentation may be required.
Foster Placement
Pay: Parents planning for foster placement may request to use vacation.
Application: To arrange foster placement, i.e., legal proceedings and to be with child following foster placement.
Maximum Amount: Use of vacation should be planned with department approval.
Eligibility: Must have vacation leave accrued. No length of service requirement. New foster parents (including domestic partner).
Authorization and Documentation: Department approval. Documentation may be required.
Birth Mother
Situation: Exhaustion of six weeks recovery leave for birth mother and mother wants to remain off work for additional time.
Action and/or Documentation:
P&S, MSE/C: Three-four weeks prior to exhaustion of recovery leave department should reaffirm with employee expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form. If FMLA is not applicable, department has discretion of authorizing vacation and/or unpaid leave.
SEIU: Three-four weeks prior to exhaustion of recovery leave department should reaffirm with employee expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form.
Merit-AFSCME: Three-four weeks prior to exhaustion of recovery leave department should reaffirm with employee expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form. Pay is vacation after the first six weeks. If FMLA is not applicable, the department has the discretion of authorizing vacation and/or unpaid leave.
Father
Situation: Biological father of newly born child exhausts use of Family Caregiving Leave and wishes to remain off work to be with infant.
Action and/or Documentation:
P&S, MSE/C, SEIU and Merit-AFSME: Prior to exhaustion of leave, department should reaffirm with employee the expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form.
Adoption
Situation: Exhaustion of five days Adoption leave and parent wants to remain off work for additional time.
Action and/or Documentation:
P&S, MSE/C, SEIU and Merit-AFSCME: Prior to exhaustion of leave, department should reaffirm with employee the expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form.
Foster Placement
Situation: Parent of newly placed foster child wishes to remain off work to be with foster child.
Action and/or Documentation:
P&S, MSE/C, SEIU and Merit-AFSCME: Prior to exhaustion of leave, department should reaffirm with employee the expected return to work date. If FMLA eligible, department must designate leave for a child entering the home as FMLA Bonding leave using the DOL Designation Form.
Birth Mother
Employee mother is absent for recovery.
Authorization Documents: No release documentation is required unless returning to work earlier than six weeks.
Restricted Work: N/A unless restrictions are known from THP.
Father, Adoptive Parent or Foster Parent
Parent who is employed is absent for planned leave.
Authorization Documents: No release documentation is required.
Restricted Work: N/A
Between Department and Employee
Birth Mother, Father, Adoption of Foster Placement
P&S, MSE/C, SEIU, and Merit-AFSCME
Who communicates with employee? Supervisor, HR Unit Rep, or Nursing Scheduling Clerk
What is communicated to employee? Approval/Denial – Department should work w/employee in attempt to adapt to scheduling needs.
What communication is needed from employee? Medical documentation for medical leave exceeding six weeks.
How frequently should communication occur? Department determines necessary timeline for adequate scheduling of leave and work.
With Treating Healthcare Provider (THP)
Birth Mother or Father
Who initiates the conversation? Employee
What is communicated? No medical documentation is to be requested for birth mother’s initial six weeks medical recovery period, request for extension of six week medical recovery period must be supported by satisfactory medical evidence of need for leave.
How frequently should communication occur? Only when additional leave time is requested to provide need for and duration of leave.
Adoption or Foster Placement
Who initiates the conversation? Employee
What is communicated? Applicable adoption agency provides satisfactory evidence of the adoption.
How frequently should communication occur? Once per occurence
With Co-Workers of Absent Employee
Birth Mother or Father
Limited to informing coworkers affected by the absence to information of birth of child and leave duration.
Adoption or Foster Placement
Limited to informing coworkers affected by the absence to information that a child was adopted and leave duration.
- Operations Manual, Part III, Chapter 22.3, c, (2) (a)
- Operations Manual, Part III, Chapter 22.8
- Faculty and Staff Disability Services-FMLA web site
- Family Caregiving Leave
- Parental Leave Scenarios
- University Benefits
- Collective Bargaining Agreements
- Adoption Leave
- Operations Manual, Part III, Chapter 22.3, c, (2) (e)
- Operations Manual, Part III, Chapter 22.8
- Collective Bargaining Agreements