| Approved by: | The President |
| History: | Issued -- April 27, 2020 |
| Revised -- December 1, 2022 | |
| Last Reviewed -- December 1, 2022 | |
| Related Policies: |
Definition of Employment Status; Family and Medical Leave Policy; Leave Policy; Sick and Safe Leave Policy |
| Additional References: | Frequently Asked Questions |
|
Policy Owner: Contact Person: |
Vice President for Finance and Treasurer, tel. (202) 319-5606 Associate Vice President and Chief Human Resources Officer, tel. (202) 319-5050 |
I. Policy Statement
The Catholic University of America (the “University”) is committed to helping employees support the needs of their families. The University recognizes the importance of helping new parents balance competing work and family responsibilities. In accordance with the terms and conditions of this Policy, the University will provide eligible employees with paid leave to care for their newborn child, newly adopted child, new foster care child, or with a child newly placed in their legal custody (hereinafter, “parental leave”).
II. Definitions
A. Adoption means legally and permanently assuming the responsibility of raising a child as one's own.
B. Child means a child under the age of 12 months, or an individual under the age of 18 who is the newly adopted or foster care child of a parent or who is newly placed in the legal custody of a parent.
C. Foster Care means 24-hour care for a child in substitution for, and away from, a parent or guardian. Such placement is made by or with the agreement of the State (or the District of Columbia) as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves agreement between the State (or District of Columbia) and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, State (or District of Columbia) action is involved in the removal of the child from parental custody.
D. Parent means a biological, adoptive, step or foster parent of a child, or an individual who stands in loco parentis to the child.
III. Parental Leave Provisions
The following describes the coverage provided, eligibility requirements, and implementation details in support of the University’s parental leave policy:
A. Coverage
This policy covers all regular, full-time exempt and non-exempt employees. Should the policy conflict with any provisions of the Collective Bargaining Agreement (CBA) for any Collective Bargaining Unit (CBU), the CBA shall prevail. Bargaining unit employees should refer to the appropriate CBA for any applicable provisions.
This policy does not cover faculty appointments; individual faculty members should consult with the Provost’s Office or refer to the Faculty Handbook for any applicable policies.
B. Eligibility
An employee who is covered under this policy pursuant to Section III(A) may take parental leave immediately upon hire, with no waiting period. If the parental leave is taken during the employee’s Initial Review Period, as determined by the Office of Human Resources, the Initial Review Period is tolled until completion of the parental leave.
C. Leave Benefit
Subject to the following conditions, independent of other University leave types, commencing December 1, 2022, an eligible employee may take up to twelve (12) weeks of paid parental leave once in a 12-month period, at 100 percent of the employee’s current, straight-time weekly pay, to care for her or his newborn child, newly adopted child, new foster care child, or with a child newly placed in his or her legal custody.
1. Time Frames
Available for use once every 12 months within 4 months of qualifying event.
An eligible employee must take parental leave within 4 months following the birth of their newborn child, or within 4 months of when a child is placed in their adoptive care, foster care, or legal custody. In the event that an eligible employee has given birth to a newborn child, parental leave will commence no earlier than after the conclusion of any paid sick leave provided to the employee for the employee’s own medical recovery following childbirth.
Parental leave availability is calculated on a “rolling” twelve (12) month period, measured from the date an eligible employee first uses the leave. When an eligible employee takes parental leave, they may not use Parental Leave again until 12 months has passed from the date they previously started using Parental Leave. Note that the “rolling” 12-month period continues to run whether or not the eligible employee is working.
Parental Leave cannot be used prior to the birth or legal placement of a child for related medical issues or placement-related legal or court appointments.
2. Maximum Benefit
An eligible employee may take only one (1) 12-week parental leave in a 12-month period and the employee forfeits any such leave not used in that period. In no case will an eligible employee receive more than 12 weeks of parental leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement or guardianship occurs within that time frame. Where two eligible employees are parents of the same child, they may take the parental leave concurrently or at separate times. Employees are expected to work with their supervisors to determine when the parental leave will be taken.
3. Continuous Leave
Generally, parental leave should be taken on a continuous basis and should not be taken intermittently or on a reduced schedule. However, in certain circumstances, intermittent parental leave or a reduced schedule may benefit departments and supervisors as well as the employee. Where this is the case, supervisors, in consultation with the Office of Human Resources, may work with the employee to determine when the parental leave will be taken.
D. Separation from Employment
An employee will not be paid for any unused parental leave upon the employee’s separation from employment.
E. Process for Requesting Parental Leave
Employees are expected to work with their supervisors to determine when the parental leave will be taken, provide notice in writing of the approximate dates of desired parental leave, and include documentation to support the parental leave. To request parental leave, an eligible employee must submit a Parental Leave Application to Employee Relations within the Office of Human Resources (HR-EmployeeRelations@CUA.EDU) at least 30 days in advance of the requested dates of such leave.
F. Maintenance of Benefits
The University will maintain all benefits for the eligible employee during the parental leave period on the same basis as coverage would have been provided had the employee been working during that time. The employee must continue to make any usual, required contributions to the cost of such benefits.
G. Coordination with other Leave, Holidays, and Closures
1. Paid Sick Leave and FMLA
As noted above, parental leave will commence no earlier than after the conclusion of any paid Sick and Safe leave provided to the eligible employee for the employee’s own medical recovery following childbirth. Parental leave shall run concurrently with Federal and D.C. FMLA leave.
2. Scheduled Holidays or University Closures
If a scheduled holiday or closure falls within an eligible employee’s parental leave period, the day(s) will count as a holiday or closure (and not as parental leave).
H. Retroactivity
The Parental Leave policy goes into effect December 1, 2022 and is retroactive to qualifying events that occurred within six months prior to the effective date.
I. Departmental Support
In support of this policy, departments that have a member out on parental leave are expected to absorb the workload that has been handled by that employee as they would during any usual sick or vacation leave period. Supervisors who have a critical need to backfill the employee’s responsibilities may, with written divisional Vice President approval, hire a temporary employee to cover those responsibilities until the employee on parental leave returns to work. All costs associated with a temporary hire are absorbed by the hiring department if feasible, and alternative University funding is not intended to be excluded if available.