PARENTAL LEAVE  (See Administrative Rule 5.20)

This policy addresses Parental Leave which means FMLA leave, whether paid or unpaid, that is taken for the birth or placement of a child. 
Employees who have been employed full-time for at least twelve (12) consecutive months may be absent for a period not to exceed four (4) months for Parental Leave.  Parental Leave shall be counted against the employee’s FMLA leave balance. Employees must carefully review and follow the City’s Family and Medical Leave policy when requesting and taking Parental Leave.  

Eligibility for Leave. To be eligible for Parental Leave, an employee must presently have available FMLA leave time and must submit relevant FMLA documentation, medical certification, and/or paperwork evidencing adoption process to Employee Benefits. The City may request a statement from a physician regarding the approximate date of the delivery and/or other appropriate date for beginning the Parental Leave period. The City may request a certificate from the employee’s physician certifying that the employee is physically able to fully resume the duties of the employee’s position.
 
Paid Parental Leave. Up to eight (8) consecutive weeks of Parental Leave may be paid. This paid Parental Leave shall be available for Parental Leave time taken on or after January 1, 2025. Employees may be eligible for the full eight (8) weeks of paid Parental Leave. The number of hours paid will be based on the employee’s Standard Hours in the City’s human resources platform.

Intermittent Leave Not Available. Parental Leave shall not be available on an intermittent basis. 

Parental Leave if Both Parents Work for the City. As stated above, if both parents are employed by the City, they shall be limited to a combined total of twelve (12) weeks of parental leave during any 12-month period. Where the Parents both use a portion of the total 12-week FMLA leave entitlement for either the birth of a child or for placement for adoption or foster care, the Parents would each be entitled to the difference between the amount he or she has taken individually for one of those purposes, and 12 weeks for FMLA leave for other purposes.  The “combined total” limitations do not apply where the reason for the leave is the serious 
health condition of either Parents or the serious health condition of a child in their household.

(3) Employees who are prevented from giving three (3) months' advance notice because the notice of adoption was received less than three (3) months in advance shall not forfeit their rights and benefits under this section solely because of their failure to give three (3) month's advance notice.
(c)(1) Leave may be with or without pay at the discretion of the employer. Such leave shall not affect the employees' right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which the employees were eligible at the date of their leave, and any other benefits or rights of their employment incident to the employees' employment position; provided, that the employer need not provide for the cost of any benefits, plans or programs during the period of such leave, unless such employer so provides for all employees on leaves of absence.
(2) If an employee's job position is so unique that the employer cannot, after reasonable efforts, fill that position temporarily, then the employer shall not be liable under this section for failure to reinstate the employee at the end of the leave period.

(3) The purpose of this section is to provide leave time to employees for 
adoption, pregnancy, childbirth and nursing the infant, where applicable; 
therefore, if an employer finds that the employee has utilized the period of leave to actively pursue other employment opportunities or if the employer finds that the employee has worked part time or full time for another employer during the period of leave, then the employer shall not be liable under this section for failure to reinstate the employee at the end of the leave.

(4) Whenever the employer shall determine that the employee will not be 
reinstated at the end of the leave because the employee's position cannot be filled temporarily or because the employee has used the leave to pursue 
employment opportunities or to work for another employer, the employer shall so notify the employee.

(d) Nothing contained within this section shall be construed to:
(1) Affect any bargaining agreement or company policy that provides for 
greater or additional benefits than those required under this section;
(2) Apply to any employer who employs fewer than one hundred (100) full-time employees on a permanent basis at the job site or location; or
(3) Diminish or restrict the rights of teachers to leave pursuant to title 49, 
chapter 5, part 7, or to return or to be reinstated after leave.
                               

For more information about parental leave, please contact Employee Benefits at 865-215-2111.