Parental Leave

Definitions

• Child – A newborn biological child or a newly-placed adopted, foster, or otherwise legally placed child under the age of 18 whose parent is an eligible employee.
• Parent – The mother or father of a child through birth or legal adoption or an individual who cares for a child through foster or other legal placement under the direction of a government authority.
• Public Safety Concern – A significant impairment to the College’s ability to conduct its operations in a manner that protects the health and safety of North Carolinians.
• Qualifying Event – When an employee becomes a parent to a child.

Relationship to Other Sections and Policies

This policy states the terms and conditions only for Paid Parental Leave that is provided under G.S. 126-8.6 and for colleges who are required to adopt policies that are substantially equivalent to those promulgated by the NC Offices of State Human Resources.

The Paid Parental Leave provided under this Policy is in addition to any other leave authorized by State or Federal law. Nothing in this policy shall prohibit a college, if authorized, from providing Paid Parental Leave in amounts greater than as required by this policy.

Eligibility

Employees who become parents via childbirth, adoption, foster care, or another legal placement are eligible for Paid Parental Leave if:

• Employee is in a permanent, time-limited, or probationary appointment. Temporary employees are not eligible for Paid Parental Leave under this policy.
• At the time of the qualifying event, the employee meets each of the following conditions:
  1. For the immediate 12 preceding months, the employee has been employed without a break in service defined by 25 NCAC 01D .0114 by the State of North Carolina in a permanent, time-limited, or probationary appointment.
  2. Periods of Workers’ Compensation or short-term disability months preceding the qualifying events do not make the employee ineligible for Paid Parental Leave.
  3. Periods of leave without pay, as defined in 25 NCAC 01E .1100, shall not constitute a break in service.
• The employee has been in a pay status with the State of North Carolina for at least 1,040 hours during the previous 12-month period, becoming eligible for Family Medical Leave.
• Paid Parental Leave usage runs concurrently with the Family Medical Leave Act. To determine Family Medical Leave eligibility, refer to Section 5.53.
• Exhaustion of Family Medical Leave does not affect eligibility for Paid Parental Leave.
• An employee is eligible for Paid Paternal Leave after 13 weeks of pregnancy.
• After 13 weeks of pregnancy, an employee who meets eligibility requirements will receive Paid Parental Leave for miscarriage or stillbirth.
• Employees, known as the birth parent, are eligible to use Paid Parental Leave to facilitate a child’s adoption or the placement of a child into foster care.
• Employees are not eligible for Paid Parental Leave when a prospective adoption or foster parent placement does not occur.

Leave Available to Full-Time Employees

• Full-time employees eligible for Paid Parental Leave under this policy may take, in their discretion, up to the following amounts of leave:
  1. Eight (8) weeks of paid leave after a parent gives birth to a child.
  2. Four (4) weeks of paid leave after any other qualifying event.
• Each week of Paid Parental Leave under this policy shall result in compensation at 100% of the eligible employee’s regular, straight-time weekly pay, excluding shift differential, premium pay, or overtime.

Leave Available to Part-Time Employees

• Part-time employees (regardless of whether they work half-time or more) shall receive Paid Parental Leave under this policy if the employee meets all other requirements for eligibility.
• Part-time employees eligible for Paid Parental Leave under the policy may take, at their discretion, a prorated leave amount of:
  1. Four (4) weeks of paid leave after a parent gives birth to a child.
  2. Two (2) weeks of paid leave after any other qualifying event.
• Each week of Paid Parental Leave under this policy shall result in compensation at 100% of the eligible employee’s regular hourly pay.

Use of Other Leave

The Paid Parental Leave provided under this policy shall not be counted against or deducted from the employee’s sick, vacation, or other accrued leave. The Paid Parental Leave provided under this policy is in addition to any other leave authorized by law, section, or policy. Whether an employee has exhausted Family Medical Leave does not affect the eligibility for Paid Parental Leave under this policy.

Requesting Use

• Eligible employees may take Paid Parental Leave in one (1) continuous period or may take intermittent use of Paid Parental Leave. Request for intermittent use of Paid Parental Leave is subject to the College’s approval.
• Whenever possible, eligible employees shall notify the College of leave ten (10) weeks in advance of their intention to use Paid Parental Leave. Employees may withdraw their request for Paid Parental Leave at any time.
• Absent unusual circumstances, the employee shall be required to comply with College leave request procedures.
• The College shall not deny, delay, or require intermittent use of Paid Parental Leave to employees who gave birth and seek to use Paid Parental Leave in one (1) continuous period.
• For all other employees, the College may delay providing Paid Parental Leave or may provide Paid Parental Leave intermittently if it determines that providing the legal calls is a public safety concern. For example, the extension of Paid Parental Leave to an eligible employee who did not give birth may constitute a public safety concern if:
  1. Providing Paid Parental Leave would result in College staffing levels below what is required by Federal or State law to maintain operational safety or;
  2. Providing Paid Parental Leave may impact the health or safety of staff, patients, residents, offenders, or other individuals the College is required by law to protect and;
  3. The College has been unable to secure supplemental staffing after requesting or diligently exploring alternative staffing options.
• If the College determines that it must delay or make Paid Parental Leave intermittent because of a safety concern, the College shall provide Paid Parental Leave as soon as practical following the qualifying event.
• If both parents are eligible employees, each may receive Paid Parental Leave, and both parents may take their leave simultaneously or at different times, pending no public safety concern.

Leave Usage

• Parental Leave may be used only once for a qualifying event within a 12-month period. The fact that a multiple birth, adoption, or other legal placement occurs (e.g.; the birth of twins or adoption of siblings) does not increase the total amount of Paid Parental Leave granted for that event.
• After 13 weeks of pregnancy, an employee who meets eligibility requirements will receive Paid Parental Leave for miscarriage or stillbirth.
• Unused Paid Parental Leave is forfeited 12 months from the date of the qualifying event.
• Paid Parental Leave shall not accrue or be donated to another employee.
• Employees shall not be paid for the leave provided by this policy upon separation from the employer. The leave provided by this policy shall not be used for calculating an employee’s retirement benefits and shall not accrue or be donated as voluntary shared leave.
• Paid Parental Leave must be recorded in the same required increments as all other times.
• If the employee requires leave before the actual birth or adoption due to medical reasons or to fulfill legal adoption obligations, other available leave balances shall be utilized in accordance with the College’s leave policies. Paid Parental Leave shall not be used prior to the qualifying event.