Recent Personnel Policy Change

Human Resources Division March 27, 2017

RECENT PERSONNEL POLICY CHANGE Policy 3516, “Parental Leave”

EFFECTIVE DATE: March 13, 2017

WHY WAS THE POLICY CREATED: On March 13, 2017, the Governor issued Executive Order 17-09 to provide parental leave to state employees following the birth or adoption of a child. While the Executive Order does not apply to MoDOT, the department fully supports the offering of parental leave to its employees.

FREQUENTLY ASKED QUESTIONS:

 What is parental leave? Parental Leave is paid leave provided to eligible employees upon the birth or adoption of a child for the purposes of nurturing and bonding. This paid leave provides 100 percent of an employee’s regular salary and does not count against an employee’s other accrued leaves (annual, sick, or compensatory time).

 Who is covered under parental leave? Parental leave is available to all full-time and permanent part-time employees upon the birth or adoption of a child. Temporary, seasonal, interns, and emergency employees are not eligible for this benefit.

 How much parental leave is allowed? Primary caregivers are allowed to use up to six weeks of paid parental leave, while secondary caregivers are allowed to use up to three weeks of paid parental leave. For permanent part-time employees, since parental leave benefits are based on workweeks, parental leave cannot exceed an employee’s normal salary (e.g., an employee working 30 hours/week will receive 100 percent of his/her salary based on the 30 hours).

 What is the difference between a primary caregiver and a secondary caregiver? A primary caregiver is defined as an employee who provides parental care at least 50 percent of the time. A secondary caregiver is defined as an employee who provides parental care less than 50 percent of the time. Regardless of your parental role (mother or father), if you will share parental responsibility equally (50/50) with your partner, you are entitled to SIX weeks of parental leave.

 Are employees eligible for the parental leave benefit if the birth or adoption occurs prior to March 13, 2017? No, employees eligible to receive parental leave must give birth or adopt on or after March 13, 2017; this is based on the effective date of the Executive Order in which MoDOT’s policy mirrors. For adoption, parental leave begins once placement of the child occurs, so the placement must have occurred on or after March 13, 2017.

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 If employees were in a leave status prior to March 13, 2017, due to the birth or adoption of a child, utilizing their own paid leave or unpaid leave, are employees eligible for partial parental leave beginning March 13? No, again, employees must give birth or adopt on or after March 13, 2017. Since MoDOT’s policy is following the Executive Order, partial benefits are not available for employees that give birth or adopt prior to March 13, 2017.

 Can parental leave be taken in advance of the birth or adoption of a child? No.

 How will parental leave be handled for multiple births/adoptions (e.g., twins)? Regardless of the number of children born or adopted at one time (one event), each event will result in a maximum of six weeks of parental leave for the primary caregiver and three weeks for the secondary caregiver. The department will handle these on a case-by-case basis if there are uncommon circumstances.

 Will parental leave be available for foster children or adoption of a spouse/partner’s children? Placement of a foster child with an employee is not a qualifying adoption under this policy; adoption of a spouse or partner’s child(ren) or one’s grandchild(ren) is also not a qualifying adoption under this policy.

 Will parental leave run concurrent with FMLA leave? The department does not run any paid leave (sick, annual, comp) concurrently with FMLA leave. This includes Parental leave. Once paid leave is used, an employee may still be eligible for 12 weeks of unpaid FMLA within the first 12 months following birth/adoption.

 How much total paid leave is allowed for the birth or adoption of a child? Following the use of parental leave (six weeks for primary, three weeks for secondary), the parent who gave birth to the child may also use two weeks of accrued paid sick leave for the purpose of recovering from childbirth. This sick leave must be used within the first 12 workweeks following the birth of the child and must immediately follow the use of parental leave. Employees may also use accrued annual leave/comp time within the first 12 weeks following the birth or placement of a child before taking unpaid FMLA leave. Then, if eligible, employees may still use 12 weeks of unpaid FMLA leave within the 12 months following the birth or adoption of a child.

 Do employees need to complete any paperwork prior to using parental leave? There is not a separate form that needs to be completed. However, the employee must, in writing, notify his/her supervisor in advance of the need for parental leave (at least 30 days advance notification). If advance notice is not possible due to unforeseeable or emergency situations, the department requires notice to be given as soon as is practical. This notification should include the anticipated birth/adoption date and the leave being requested. Supervisors must consult with Human Resources to ensure the use of parental leave falls within policy and Human Resources will determine if FMLA paperwork is needed or if any supporting medical or legal documentation is required.