The University of Memphis

Parental Leave for University Employees



POLICIES

Issued: June 9, 2004
Responsible Official: Vice President for Business & Finance
Responsible Office: Human Resources

Policy Statement


Policy Statement
It is the policy of The University of Memphis to provide leave for regular University employees due to the birth or adoption of child. Requests will be processed in accordance with University sick leave policies, the Family Medical Leave Act (FMLA) of 1993, the Tennessee Board of Regents policies on maternity, paternity, and adoptive parent leave, and the Tennessee Maternity Law, Tennessee Code Annotated 4-21-408.



Purpose


 The purpose of this policy is to provide information to University employees regarding eligibility and use of  maternity, paternity, or adoptive parent leave.  


Procedures


General Information

Upon receipt of the employee’s written request for maternity, paternity or adoptive parent leave, Human Resources will process the request in accordance with the University Sick Leave Policy, the Tennessee Maternity Law, and provisions of FMLA.

FMLA  provides eligible employees (1) up to 12 workweeks of unpaid leave during a 12-month period for specified family and medical reasons, including, but not limited to maternity, paternity, and adoptive parent leave; (2) continued health insurance coverage during the leave period; and (3) ensured reinstatement to the same or an equivalent position following the leave period. 

To be eligible for FMLA, an employee must have worked for the State of Tennessee at least 12 months, and have worked a minimum of 1250 hours during the year preceding the start of the leave. Family and Medical Leave is paid leave only if the employee has accumulated sick and/or annual leave. Otherwise, the employee will be placed on leave without pay.

In the event both parents are State of Tennessee employees, the aggregate amount of sick leave that may be used for maternity, paternity, or adoptive parent leave is limited to 30 days. However, should the newborn child have a serious illness, the employees may use additional sick leave in accordance with provisions of the regular sick leave policy. 


Maternity leave

Sick Leave Usage

  • Sick leave shall be used for the period of medical disability only. 
  • Pre-Natal Care:  Sick leave for maternity purposes shall commence when in the opinion of the attending physician the employee is no longer able to carry out her job duties due to her pregnancy. 
  • Post-Natal Care:  Sick leave may be used for post-natal care and recovery not to exceed 30 working days unless further leave is required and certified by the attending physician. 
  • Upon exhaustion of accumulated sick leave, the employee may use accumulated annual leave and then be placed on leave without pay for the remainder of her authorized absence. 

Tennessee Maternity Law

The Tennessee Maternity Law, TN Code Annotated 50-1-501-503, provides up to four months of unpaid leave to regularly employed female employees due to the birth of a child. If eligible under the Family and Medical Leave Act, 12 weeks of the four months maternity leave will be processed under provisions of FMLA in regard to benefits protection.  (In other words, under Tennessee law, an eligible female employee is entitled to receive the difference between the 12 workweeks granted under the FMLA and the four months authorized by this law.  She may use annual leave or leave without pay for the remainder of the maternity leave.)

To be eligible for leave under the Tennessee Maternity Law, the employee must

  • Have at least 12 months consecutive full-time service with the State of Tennessee prior to requesting maternity leave;
  • Give three months advance notice of her intent to take the leave, unless a  medical emergency develops; 
  • State the length of the leave and her intent to return to full-time employment after maternity leave; and
  • Not pursue any other employment in any way during her leave, including filling out applications or submitting resumes.

Paternity Leave

It is the policy of the Tennessee Board of Regents and the University of Memphis to provide up to 30 working days of paternity leave to eligible, male employees due to the birth of children, in accordance with Tennessee Code Annotated 50-1-503 and the FMLA.

Employees may use accrued sick leave for up to 30 working days of paternity leave, if their balance is sufficient. Employees with insufficient sick leave may use annual leave or leave without pay for the balance of the leave period. Use of sick leave beyond the 30 days following the birth of a child is subject to ordinary rules regarding the use of sick leave, such as the employee's inability to work or the need to care for a sick/disabled family member.


Adoptive Parent Leave

It is the policy of The University of Memphis to provide special leave without pay for a period of up to four (4) months to adoptive parents upon written request to Human Resources, via the employee's Department Head.  The request should be accompanied by a statement from the adoption agency indicating the required bonding period. Employees may use sick leave for up to thirty (30) working days of special leave, if their balance is sufficient. Employees with insufficient leave may use annual leave or leave without pay for the balance of the leave period. Use of sick leave beyond the thirty (30) days following the adoption of a child is subject to ordinary rules regarding the use of sick leave.

Additional special leave may be granted at the discretion of the Assistant Vice President for Human Resources and upon recommendation of the Department Head, up to the remaining bonding period required by the adoption agency, but not to exceed one (1) year. In the event the adoption process is not completed, the approval of leave shall be rescinded.

This section shall not apply in the case of step-child or adult adoption.



Links


Tennessee Board of Regents Policies and Guidelines

http://www.tbr.edu/policies_guidelines/



Revision Dates


 UM1547 - Issued: June 9, 2004 - supercedes procedure numbers 2D:05:01E; 2D:05:01F


Subject Areas:

AcademicFinanceGeneralHuman ResourcesInformation TechnologyStudent Services/Affairs
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