PPM 3-26 Leave Related to Birth, Adoption, and Foster Care Placement (Non-Exempt Staff, Exempt Staff, and Executives)

PPM 3-26, Leave Related to Birth, Adoption, and
Foster Care Placement (Non-Exempt Staff,
Exempt Staff and Executives)

Responsible Office: 
Human Resources 

 

1.0 PURPOSE AND SCOPE

This policy outlines leave options for benefits eligible non-exempt, exempt, and executive staff related to parental, maternity, spousal leave, and leave related to adoption or placement of foster children.

2.0. REFERENCES

2.1      PPM 3-21, Sick Leave (Non-Exempt Staff, Exempt Staff, and Executives

2.2      PPM 3-21c, Voluntary Shared Leave (Non-Exempt Staff, Exempt Staff, and Executives)

2.3      PPM 3-28, Special Leave

2.4      PPM 3-29, Leave of Absence Without Pay

2.5      PPM 3-29a, Family and Medical Leave

2.6      PPM 3-34, Americans with Disabilities Act & Section 504 Request for Accommodation

2.7      42 U.S.C. §§ 200e, et. seq., Pregnancy Discrimination Act of 1978

2.8      42 U.S.C. § 12101, et seq., Americans with Disabilities Act of 1990

2.9      29 U.S.C. § 2601, et seq., Family and Medical Leave Act of 1993

3.0 POLICY

3.1     Family and Medical Leave (FMLA) will run concurrently with Parental Leave, Maternity Leave, Spousal Leave, and                          Adoption or Foster Child Placement Leave unless special permission is obtained from Human Resources. If eligible,                      total available FMLA leave is 12 weeks in accordance with PPM 3-29a and the Family and Medical Leave Act of 1993. The              provisions of this policy shall not supersede any federal or state law that provides greater employee leave benefits                        and/or rights than are offered in this policy.

3.2     Parental Leave may be taken by an employee to bond with or care for a newborn or newly adopted child, or for                              adoption or placement of a foster child for reasons described in 3.5. Each employee will receive four weeks of paid                        leave upon the adoption or birth of a child for whom they are a legal guardian. (If two employees are each a legal                          guardian, each of them may receive this benefit.) Parental Leave must be used within 12 months following the birth or                placement of a child. Parental Leave must be used continuously. Employees are eligible for Parental Leave regardless of                eligibility for FMLA leave. Unused Parental Leave will not be paid out upon separation from the institution. Parental                      Leave plus Maternity Leave/Spousal Leave/Adoption or Foster Child Placement Leave may not exceed 12 weeks.                            Employees should notify their supervisor and Human Resources at least 30 days prior to the scheduled leave using                      forms provided by Human Resources.

3.3     Maternity Leave may be taken by employees of Weber State University who give birth for reasons related to labor,                        delivery, and recovery from childbirth. Accrued sick leave (if available) may be taken for: (1) the standard recovery                          period for vaginal deliveries which is six weeks; (2) the standard recovery period for C-section deliveries which is eight               weeks; or (3) the medically necessary recovery period designated by a doctor. If available in accordance with PPM 3-29a,               additional bonding time may be taken subsequent to the recovery period and may consist of vacation leave, unpaid                     leave, Parental Leave (in accordance with 3.2), or a combination. Maternity Leave, including bonding time, may not                       exceed 12 weeks within that employee’s 12-week FMLA period.

3.4     Spousal Leave may be taken by an employee to care for the employee's spouse related to labor, delivery, and recovery                  from childbirth. Accrued sick leave (if available) may be taken for: (1) the standard recovery period for vaginal                                deliveries which is six weeks; (2) the standard recovery period for C-section deliveries which is eight weeks; or (3) the                  medically necessary recovery period designated by the doctor. If available in accordance with PPM 3-29a, additional                      bonding time may be taken subsequent to the recovery period, and may consist of vacation leave, unpaid leave,                            Parental Leave (in accordance with 3.2), or a combination. Spousal Leave, including bonding time, may not exceed 12                    weeks within that employee’s 12-week FMLA period.

3.5     FMLA leave may be taken for Adoption or Foster Child Placement Leave before foster child placement or adoption of a                child if an absence from work is required so that the placement for adoption or foster care can proceed. This leave may              consist of vacation leave, unpaid leave, Parental Leave (in accordance with 3.2), or a combination.

 Up to six weeks of accrued sick leave (if available) may be used for Adoption or Foster Child Placement Leave to care for   and bond with a child after placement or adoption. If available in accordance with PPM 3-29a, additional time may be   taken and may consist of vacation leave, unpaid leave, Parental Leave (in accordance with 3.2), or a combination.   Adoption or Foster Child Placement Leave may not exceed 12 weeks within that employee’s 12-week FMLA period.

3.6    Unpaid leave may be requested under PPM 3-29PPM 3-29a, or PPM 3-28. Employees may request to preserve up to one                week of vacation leave and up to one week of sick leave when making a request for unpaid leave. Employees and                          supervisors must consult with Human Resources and Payroll in making such determinations. An individual will not be                eligible for voluntary shared leave under PPM 3-21c in the event they have remaining vacation or sick leave available.

3.7     Weber State University complies with the Pregnancy Discrimination Act. Pregnancy is considered a normal condition                   and employees are expected to work up to the delivery date unless the physician provides a written statement                             indicating that the employee has a medical condition that makes it medically necessary for the employee to be off                       work in advance of the delivery date.

3.8     Departments must allow return to work on the first working day following the date on which the physician certifies                    fitness to return to work.

   


Revision History: 12-15-2000, 12-6-2016

Creation Date: 8-17-1977

Amended: 5-20-2020