Parental Leave For Birth Or Adoption
The University provides a limited amount of paid parental leave for employees who add a new child to their family by birth or adoption. To qualify, you must be employed in a full-time, benefit-eligible position and have been employed with the University for the preceding 12 months.
For detailed information on the leave that applies to you:
- Staff – See Rule 5-200A, Section III.C.
- Academic Campus Faculty – See Policy 6-315
- School of Medicine Faculty – See Policy 8-002
- Post Doctoral Fellows – See Rule 6-309A
- Graduate Students – See Policy 6-409
To apply for leave under the FMLA for Parental Leave for Birth or Adoption, please complete each of the required forms for the type of leave you will be taking. Para obtener información y formularios en español, haga clic aquí.
- We recommend that employees read the Parental Leave Rule to confirm all eligibility requirements prior to submitting a formal request for leave.
- Employee completes Parental Leave Request Form with supervisor signature.
- Employee completes FMLA Request Form with supervisor signature.
- Employee submits all forms to absencemanagement@utah.edu.
- Absence Management team receives request and determines if employee is eligible to qualify for FMLA and/or Parental Leave.
- Approval or denial letter is sent to employee, supervisor, and HR representative for FMLA and Parental leave with applicable Tracking Sheet(s).
- If the employee doesn’t qualify for FMLA, they may still be eligible for Parental Leave, but will need to also apply for a different leave type (i.e. MLOA).
- If denied FMLA, the Absence Management team will send appropriate documentation to begin request process for other leave types.
- All leave types will run concurrently.
- Supervisor must enter PRL code for half-day time into Kronos for Parental Leave used and sick/vacation/PPL to cover the remaining time. The Unpaid Excused code (UPE) will need to be entered if the employee is out of accruals.
- Employee must complete the Tracking Sheet each pay period if they are taking Parental Leave intermittently. Supervisors must approve an intermittent schedule and confirm with the Absence Management team prior to leave start date.
- Employees who don’t use Kronos will need to track their time on the Tracking Sheet as well
- Supervisor must indicate the costs associated with the employee’s replacement while on leave on the Tracking Sheet for each pay period.
- Absence Management will track leave and replacement costs on Parental Leave Logs.
- Tracking Sheets must be submitted each pay period regardless of if Parental Leave was used and/or replacement costs were incurred.
- When the 6 weeks of Parental Leave are almost over, the Absence Management team will send a letter to the employee reminding them that their leave is ending soon and that their unpaid leave will begin.
- At the end of the Parental Leave, the employee will continue on whichever additional unpaid leave type they were approved.
- Employee must follow applicable protocol and procedures for all leaves.
- Employees who give birth and wish to return to work prior to the 6-8-week recovery period will need to provide a doctor’s note stating their ability to work.
Parental Leave for Birth or Adoption FAQ:
If you qualify for FMLA leave, you will also qualify for Parental Leave. However, University policy specifically states that an employee must hold a full-time, benefit-eligible position and have been employed with the University for the preceding 12 consecutive months.
There is currently a form available on the HR website called the FMLA & Parental Leave Request form. The form needs to be completed by the requesting employee and the employee’s supervisor before the request can be processed.
Parental Leave and FMLA Leave will run concurrently, and FMLA will continue for up to an additional 6 weeks of leave, depending on the Parental Leave option the employee has chosen.
You can also contact the Absence Management Team at absencemanagement@utah.edu for additional assistance.
Typically, if you are eligible for one, you are eligible for the other. However, in the case that an employee is not eligible for FMLA leave, they may be eligible for a type of leave under the ADA. Employees can contact the ADA Specialist at 801-213-1346 or hraccommodations@utah.edu for additional information.
An eligible employee may take up to 6 weeks of paid leave (100%) or 12 weeks of partially paid (50%) Parental Leave. No employee will be able to take more than 240 hours of Parental Leave time.
Parental Leave is granted per event to eligible employees. If an employee gives birth to a child and then chooses to adopt a child later in the same year, the employee may receive the Parental Leave benefit for both events.
If both parents work for the University, they must divide the parental leave. For example, for a child born January 2, 2023, the mother could choose to take 4 weeks of paid leave at 100% of her regular hours and the father could take the remaining two weeks of paid leave at 100% of his regular hours.
No. The Parental Leave benefit is a University Policy and is not affiliated with the FMLA, nor is there any current state law that requires an employer to give its employees Parental Leave.
Because Parental Leave is a University policy and not a federal law, it does not provide job protection like FMLA does. However, since the policy requires that FMLA run concurrently with Parental Leave, the employee’s job would be protected, as long as they are eligible
Parental Leave is granted per event to eligible employees. If an employee gives birth to a child and then chooses to adopt a child later in the same year, the employee may receive the Parental Leave benefit for both events.
Parental Leave should be taken in a continuous block of time. However, as with FMLA leave, an employee may take intermittent time off if the employee’s department authorizes the intermittent leave. Employees seeking intermittent leave will need to have their supervisor submit an email to absencemanagement@utah.edu to confirm their intermittent schedule has been approved.
If the supervisor agrees to allow the employee to take intermittent leave, it is important to note that Parental Leave is only paid at 50% of the time the employee is not working. For example, if the employee works 4 hours and is off 4 hours, only 2 hours will be Parental Leave (PRL) and 2 hours will be recorded as sick or vacation time. If the employee has chosen the 6-week, continuous leave option, all 4 hours the employee was absent would be considered Parental Leave (PRL).
12-Week Option
- 4 hours absent X 50% = 2 hours Parental Leave
- 4 hours paid work + 2 hours Parental Leave + 2 hours accruals (sick or vacation) = 8 hours
6-Week Option
- 4 hours absent X 100% = 4 hours Parental Leave
- 4 hours paid work + 4 hours Parental Leave = 8 hours
If the mother of the child plans to return to work prior to their 6 to 8 week recovery time, they will need to provide a doctor’s note confirming their ability to work.
The Absence Management team will inform you of other potential leave options (such as MLOA) that you can apply for and utilize while on Parental Leave.
Employees should submit the Parental Leave request form at least 90 days prior to the proposed start date.
If your child is born before or after the expected due date, please let the Absence Management Team know so they can make sure your leave begins on the correct day. You should also inform your supervisor or Payroll Reporter so your time in Kronos is entered correctly as well.
If you have chosen the 12-week Parental Leave option, your supervisor or Payroll Reporter will need to enter your Parental Leave (PRL) time into Kronos so you are paid the 50% of your salary/wage. You must use your sick and vacation accruals at half your regular work schedule (if you are scheduled to work 40 hours per week, you must use 20 hours of accruals) to cover the additional time not worked.
If you have chosen the 6-week option, your supervisor or Payroll Reporter will need to enter in all of your time off as Parental Leave in Kronos. There will be no need to use accruals during this time.
However, you may save up to 10 days of vacation by request. You may also choose to use your personal preference leave. Once you use all accruals, the balance of your Parental Leave will only be half paid; the other half will be unpaid/excused.
If you are taking your Parental Leave all at once, you may use the vacation hours when your Parental Leave and FMLA leave have been completed. If you have been approved to use your Parental Leave intermittently, you may use the vacation hours for non-Parental Leave time off. University Policy states that use of vacation, other than during an approved FMLA/Parental Leave absence, must be arranged in advance with your supervisor to prevent disruption of departmental operations and avoid compromising the efficiency of the organizational unit.
Yes. Since you will remain in a paid status while on Parental Leave, you will continue to accrue additional sick and vacation time. If you have run out of accruals before or when your Parental Leave is over, any additional FMLA leave will be completely unpaid. This means employees will not accrue any additional time until they return from leave.
Yes. University Policy provides that if an employee works or receives payment for time (including use of accruals) during the week of a holiday, the employee receives pay for the holiday. The same applies for University Closure Days.
No. Since you will be paid at least 50% of your salary/wage, holidays and University Closure Days will not count as Parental Leave taken. If the University (including just the employee's department) closes and employees are not expected to report for work for one full week or more, the days the department is closed do not count against the employee’s Parental Leave.
While you are using sick and vacation leave, your benefits will continue as if you were actively at work. Since you will be paid at least 50% of your salary while on Parental Leave, your benefit costs will be deducted from your paycheck as they would normally. Once your Parental Leave is over and if your accruals are exhausted, your benefits may be continued by paying a portion or all of the cost of the benefits each month. Contact the HR Solutions Center at (801) 581-7447 for information on continuing your benefits during an unpaid leave of absence or dropping coverage.
Tracking forms will need to be submitted each pay period for employees on Parental Leave. Your supervisor will need to indicate any costs associated with your replacement while you are on leave on the form. If you have been approved to take Parental Leave intermittently by your department, you must indicate the Parental Leave taken on the same tracking form that your supervisor completes, even if you don’t take any Parental Leave. Sign the completed tracking form, certifying that the information is correct. After you sign it and your supervisor has reviewed and approved it, send it to the Absence Management Team. If you do not submit a tracking form, all leave taken during that pay period may be designated as Parental/FMLA leave.
When your Parental Leave is over, please confirm with your supervisor and Absence Management that you are beginning the next portion of your maternity/paternity leave. You will need to enter any sick or vacation time in Kronos or with your department to cover your absences.
If you are wanting to return to work before or when your Parental Leave is scheduled to end, please contact your supervisor and Absence Management with at least a two days’ notice. A return to work notice will be required for employee’s taking maternity leave.
If you do not return to work after your leave, you may be required to pay back the Parental Leave pay you received while on leave. Under the policy, your department has the right to make that decision. It is important that you contact your supervisor and the Absence Management Team as soon as you know you will not be able to return to work to avoid the payback. Another option is to come back to work for at least 30 calendar days. After that time has been worked, your department can no longer require you to pay back the Parental Leave benefit.