Faculty Handbook

Support Staff Parental Leave for APA and APSA Members Policy & Procedure

Last Updated 11/02/2020

Policy

Beginning January 1, 2021, this policy provides eligible employees a maximum of 4 weeks of paid parental time off per birth, adoption, or placement of a child/children into a household.

APA

• The length of parental leave for employees represented by APA will increase to a maximum of 5 weeks on January 1, 2022
• The length of parental leave for employees represented by APA will increase to a maximum of 6 weeks on January 1, 2023

APSA

• The length of parental leave for employees represented by APSA will increase to a maximum of 6 weeks on January 1, 2023

Applies To:

Full Time (90%+) employees represented in the bargaining units APA and APSA and covered under the collective bargaining agreement. Confidential and off campus APA & APSA’s, EXPA’s, salaried 274’s, ASRA’s, as well as Nurses, are also eligible.

Eligibility

• Have been continuously employed with Michigan State University, on a full-time basis, for at least 24 consecutive months prior to commencement of the leave
• Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the leave would begin
• Be a full- time regular employee (part-time, temporary employees, and on call are not eligible for this benefit)
• Meet one of the following:
  • Be the parent to the birth of a child and to care for the newborn child; or
  • The parent of a child under the age of 18, that is newly added to the household through adoption, legal guardianship, or foster care.
• This policy applies to a child that is newly added to the household through adoption, guardianship or foster care and not a child who is already a member of the household. MSU reserves the right to require documentation to justify a newly added child.
• An employee will not receive more than four (4) weeks commencing on or after January 1, 2021 (or five (5) weeks for eligible APA leaves commencing on or after January 1, 2022, or six (6) weeks for eligible APA & APSA leaves commencing on or after January 1, 2023) of paid parental leave in any twelve-month period, regardless of whether more than one birth, adoption, guardianship or foster place placement occurs.
• In situations where the University employs both parents of a newborn/adopted child as eligible support staff, each may have the stated amount of paid parental leave under this policy. Parents employed in the same department or school should plan the timing of their leaves in consultation with the chairperson, school director, manager, supervisor, or dean. · Eligible employees who experience a birth, adoption, foster care, or guardianship on or after November 1, 2020, will be eligible for paid parental leave on January 1, 2021. Paid parental leave will not begin before January 1, 2021.

General Information

Time Frame and Compensation:

• Paid parental leave is compensated at 100 percent of the employee's regular, base pay. Paid parental leave will be paid on a monthly basis on regularly scheduled payroll dates
• Paid parental leave is intended to be taken as a single, continuous block of time
• Paid parental leave shall be taken, and completed, within twelve (12) months of the qualifying event, but not before the effective date of January 1, 2021
• Paid parental leave must be used upon commencement of the leave, or for birthing mothers, at the time of the birth. Other applicable quotas may be applied, following the paid parental leave, prior to the leave of absence becoming unpaid
• Upon termination of the individual's employment at Michigan State University, she or he will not be paid for any unused paid parental leave for which she or he was eligible

Coordination With Other Policies:

• Paid parental leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster care, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other requirements and provisions under the FMLA will apply. In no case will the total amount of leave-whether paid or unpaid-granted to the employee under the FMLA exceed 12 weeks during the 12-month FMLA period. Please refer to the family and medical leave policy for further guidance on the FMLA.
• Upon a child’s birth, birthing mothers must begin a qualifying medical leave of absence by using available paid parental leave. Once paid parental leave is exhausted, the birthing mothers may then use sick quotas. If sick quotas are exhausted, it is optional to use vacation, personal, or personal observance quotas prior to becoming unpaid.
  • If a birthing mother is placed on a medical leave of absence before the child’s birth, then the mother must begin a qualifying medical leave of absence by using available sick quotas. If sick quotas are exhausted, it is optional to use vacation or personal quotas prior to becoming unpaid if the mother has not yet given birth
    • If quotas are exhausted, and the mother has given birth, then paid parental leave must be exhausted before beginning unpaid leave of absence.
  • Per MSU’s sick time policy, mothers could qualify for an additional 4 weeks of maternity leave. Sick leave quotas may not be used to cover this time; the employee may use vacation, personal, personal observance, or unpaid time. Please see the support staff sick time policy for further details.
• Upon a child’s birth, non-birthing parents, must begin their leave of absence by using paid parental leave. Once parental leave is exhausted, they may use family sick quotas, and then if family sick is exhausted, it is optional to use vacation, personal, or personal observance quotas, prior to becoming unpaid.
• Upon placement of a child via either adoption, guardianship, or foster care, parent must begin their leave of absence by using paid parental leave. Once parental leave is exhausted, they may use family sick, vacation, personal, or personal observance quotas, prior to becoming unpaid.
• Michigan State University will maintain all employer paid benefits for which employees would otherwise be eligible during the paid parental leave period just as if they were taking any other university paid leave such as paid vacation leave or paid sick leave. Employees will remain responsible for any employee premiums, contributions or other normally required costs.
• If a university holiday occurs while the employee is on paid parental leave, such day will be charged to holiday pay; however, such holiday pay will not extend the total paid parental leave entitlement.
• An employee who takes paid parental leave that does not qualify for FMLA leave will be afforded the same level of job protection for the period of time that the employee is on paid parental leave as if the employee were on FMLA-qualifying leave.

Procedure

Employee:

• An employee must provide his/her department at least 30 days advance notice before parental leave is to begin if leave is foreseeable. If leave is not foreseeable, notice must be given as soon as possible.
• The employee must contact Human Resources to initiate a request for FMLA and/or Parental Leave and to receive the forms that are required to be completed for certification.
• The certification forms are due back within fifteen calendar days of the date that they are distributed. Failure to return the completed documentation may result in denial of leave.
• Notify Human Resources when an approved employee begins parental leave, to make sure pay and time entry is continued.
• Notify Human Resources when you return from parental leave, to make sure employee status in EBS is correct and accurate.

Department:

• Notify Human Resources when an approved employee begins parental leave, to make sure pay and time entry is continued.
  • Human Resources will administer all necessary leave and time entry in EBS.
• Notify Human Resources when an employee off on parental leave returns from leave, to make sure employee status in EBS is correct and accurate.
• A department may not use absences that qualify as FMLA leave as a negative factor in employment actions.
• To preserve an employee's privacy and protect the supervisor from charges of violating the privacy provision, supervisors must ensure all relevant conversations are kept confidential, and documentation is forwarded to the Human Resources office so it can be maintained in a confidential file, separate from personnel records.

Human Resources:

• Human Resources will determine if the employee is eligible for parental leave.
• The employee will be provided the applicable form for completion. The employee will be allowed 15 calendar days to complete and submit the documentation for review.
  • Depending on the circumstances of parental leave, various outside documentation may be required to substantiate leave. Examples of documentation that may be required will be addressed in the FAQs.
• Approved employees will be notified in writing of their approval, with the employee’s supervisor and unit human resources professional (if applicable) copied.
• Human Resources will perform all necessary record and time processing in EBS during parental leave.
• Once parental leave is exhausted, Human Resources will process all subsequent actions in EBS until employee has returned to work.

Return To Work:

• Human Resources or the department may require an employee to report periodically on his/her status and intent to return to work.
• An employee needs to notify Human Resources in writing of return to work date at least two business days in advance but does not need to provide a note from health care provider.

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