Paid Parental Leave

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Policy Number:
UW-5054
Old Policy Number:
16.06
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

** Note: This policy is not active until July 1, 2024. **

The Paid Parental Leave policy provides eligible employees with a maximum of up to 6 (six) weeks of paid time off every 12 months when they experience a qualifying event covered by this policy.

Employees may take up to 6 (six) weeks of Paid Parental Leave following a birth or adoptive event to allow for time to bond with their new child, adjust to their new family situation, and balance personal obligations that result from a birth or adoptive event. When an employee experiences multiple events that would qualify for Paid Parental Leave in the same 12-month period, the eligible employee will only be entitled to a total of 6 (six) weeks of Paid Parental Leave.

 

Definitions:
Adoption
The social, emotional, and legal process in which children who will not be raised by their birth parents become full and permanent legal members of another family while maintaining genetic and psychological connections to their birth family.
Birth or Adoptive Event
The birth or adoption of a child under the age of 18 (eighteen) on or after July 1, 2024. If the adoption involves a child who is incapable of self-care because of a mental or physical disability, the age limit of 18 (eighteen) may be waived.
Child(ren)
A person under the age of 18 (eighteen). For the purposes of this policy, the child's parent must be an employee of the University of Wisconsin-Madison.
Foster Care
Home-like care provided by licensed foster parents for children who cannot live with their parents. Placement in foster care is usually temporary.
Full Time Equivalent (FTE)
Amount of hours budgeted for a position. A position budgeted for 80 (eighty) hours in a bi-weekly pay period would be 1.0 FTE; a position budgeted for 40 (forty) hours in a bi-weekly pay period would be .5 FTE.
Guardianship
A legal relationship in which one party is empowered to act for the benefit of another. The decision-making authority and legal responsibility of the child is transferred to the guardian; however, parents’ rights are not terminated.
Kinship Care
When grandparents, other adult family members or close family friends are raising children, with no parents in the home.
Paid Parental Leave
A maximum of up to a total of 6 (six) weeks of paid time off from work in a 12- month period
  • Up to 6 (six) weeks of paid time off to enable an employee to care for and to bond with their newborn or a newly adopted child.
  • Employees receive paid time off based on their FTE, pro-rated for less than full-time appointments.

Employees with an appointment of 1.0 FTE receive up to 240 (two hundred forty) hours of paid time off.

Employees with an FTE less than 1.0 receive prorated paid time off according to their FTE. For example, an eligible employee with a 0.5 FTE would be eligible for up to 6 (six) weeks of paid time off at their 0.5 FTE totaling 120 (one hundred twenty) hours.

Parent
A person identified on a child(ren)'s birth certificate, adoption certificate, certified copy of a foreign adoption order that has been registered with the State of Wisconsin, or other legal document certifying an adoption.
Qualifying Event
Birth and adoptive event
  • For birth, the qualifying event is the date the child is born.
  • Employees receiving a child from a surrogate incur a qualifying event on the date the child is placed with the employee.
  • For adoption, the qualifying event is the date the child is placed with the employee.
Paid Parental Leave may not be used prior to the date of the qualifying event.
12-Month Period
Eligible employees are able to take up to a total of 6 (six) weeks of Paid Parental Leave in a 12-month period. That 12-month period begins on the date of their qualifying event. When an employee experiences multiple events that would qualify for Paid Parental Leave in the same 12-month period, the eligible employee will only be entitled to a total of 6 (six) weeks of Paid Parental Leave.

When an employee takes the full 6 (six) weeks of Paid Parental Leave in a 12- month period, they are next eligible for additional Paid Parental Leave when they have a qualifying event that occurs after the original 12-month period of time has ended.

Example: Eligible employee has a qualifying birth event on August 31 and requests to take six weeks of Paid Parental Leave. The employee had not had any prior qualifying events, so they are entitled to the 6 (six) weeks they had requested. Their 12-month period begins on August 31 and will end on August 30 of the following year.

That same employee has a second qualifying event on May 1 of the next year. The employee will not be eligible for any additional Paid Parental Leave for this qualifying event because it is occurring within 12 months of their prior qualifying event and they have already used all 6 (six) weeks of Paid Parental Leave available in that 12-month period. This employee would not be able to qualify for any additional Paid Parental Leave until they had a qualifying event that occurred on or after August 31 of the following year.

Scope:

This policy applies to the following UW-Madison employees:

  • Faculty, Academic Staff, University Staff and Limited appointees.
  • The following Graduate Assistantship titles: Teaching Assistant, Research Assistant, Project Assistant (including reader/grader), Lecturer.
  • The following Post Degree Training titles: Research Intern

This policy does not apply to:

  • Graduate Assistantship titles not included above
  • Post Degree Training titles not included above
  • Temporary Employees
  • Student Hourly employees

The Postdoc Absence with Pay & Legal Holidays policy provides Absence with Pay (Parental) to eligible Employee-In-Training appointments (Research Associate, Postdoctoral Fellow, Postdoctoral Trainee).

Policy:

** Note: This policy is not active until July 1, 2024. **

Policy Summary

It is the policy of the University of Wisconsin-Madison to provide up to 6 (six) weeks of Paid Parental Leave to eligible employees following a birth or adoptive event. Employees are eligible for a total of 6 (six) weeks of Paid Parental Leave in a 12-month period. When an employee experiences multiple events that would qualify for Paid Parental Leave in the same 12-month period, the eligible employee will only be entitled to a total of 6 (six) weeks of Paid Parental Leave. This Paid Parental Leave Policy ("Policy") exceeds any legal requirement.

Policy Detail

Employees do not need to qualify for federal Family and Medical Leave Act (FMLA) or Wisconsin Family and Medical Leave Act (WFMLA) to qualify for Paid Parental Leave.

When an employee does qualify for family leave under FMLA and/or WFMLA and is eligible for Paid Parental Leave, the leaves will run concurrently. The use of Paid Parental Leave does not delay the designation of FMLA and/or WFMLA when an employee qualifies for both. The number of weeks of Paid Parental Leave time taken will also count as workweeks taken under FMLA and/or WFMLA.

  1. Eligibility
    1. To qualify for Paid Parental Leave, the employee must meet all of the following conditions:
      1. On or after the effective date of this Policy, the employee or the employee’s spouse/partner has a qualifying event.
      2. The employee holds an appointment eligible for paid parental leave with UW-Madison at the time of their qualifying event.
      3. The employee must also meet the eligibility requirements for their employment category:
        1. University Staff - All University Staff are eligible for paid parental leave when they have completed six months of continuous employment with the University of Wisconsin System at the time of the qualifying event.
        2. Faculty, Academic Staff and Limited appointee - Faculty, Academic Staff and Limited appointees are eligible for paid parental leave when the employee is:
          1. Covered by the Wisconsin Retirement System (WRS) through employment; or
          2. Expected to work at least 440 hours (21% for annual-basis and 28% for academic year appointment) for at least one year. Employees initially hired on an academic year contract meet the one-calendar-year-duration requirement if they are expected to return the following academic year; and,
          3. Whether qualifying under section (1) or (2) immediately above, has completed six months of continuous employment with the University of Wisconsin System at the time of the qualifying event. Periods spent on a work break, with an expectation of continuing employment, for those employees who are appointed to a 9-, 10-, or 11-month renewable position count towards the six months.
        3. Graduate Assistantship titles: Teaching Assistant, Research Assistant, Project Assistant (including reader/grader), Lecturer - Has completed six months of continuous employment with the University of Wisconsin System at the time of the qualifying event. Periods spent on a work break, with an expectation of continuing employment, for those employees who are appointed to a 9-, 10- or 11-month renewable position count towards the six months.
        4. Post Degree Training titles: Research Intern - Has completed six months of continuous employment with the University of Wisconsin System at the time of the qualifying event.
      4. The employee must complete and submit the Request for Paid Parental Leave form to their Divisional Disability Representative (DDR) or supervisor according to the notice requirement (see Section III). Additional documentation may be required based on the nature of the qualifying event.
      5. The employee takes Paid Parental Leave within 12-months of the date of their qualifying event. The 12-month period begins on the date of the initial qualifying event and the employee has not exhausted their Paid Parental Leave entitlement. Any additional qualifying events that occur within that 12-month period will not qualify for Paid Parental Leave beyond the maximum 6 weeks.
      6. Employees with academic year or C-basis appointments may be eligible to take Paid Parental Leave during their short work break when they hold a summer service or summer session appointment. Paid Parental Leave is available during the dates of their summer contract period.
      7. When two UW-Madison employees have the same qualifying event, each will receive the full Paid Parental Leave benefit they are eligible for.
    2. Six-Month Eligibility Period and Movement Between Appointments
      1. The 6-months of continuous employment is completed 6-months following consecutive employment in a Paid Parental Leave eligible appointment (e.g., Employee is hired into a Paid Parental Leave eligible appointment on January 2. They will maintain their active appointment. They will complete the 6-month eligibility period on June 1).
      2. When employees move between Paid Parental Leave eligible appointments without a break in service, time spent in prior Paid Parental Leave eligible appointments counts towards the six months of consecutive services.
      3. When an employee moves from a Paid Parental Leave ineligible appointment to an eligible appointment, they must complete six months of consecutive service in the eligible appointment, prior to the date of the qualifying event.
      4. Any break in service between Paid Parental Leave eligible appointments, will require an employee to satisfy a new 6-month eligibility period when they return to a Paid Parental Leave eligible appointment.
  2. Leave Provisions
    1. Birth or Adoptive Event
      1. An eligible full-time employee will be provided up to 6 (six) weeks (240 hours) of Paid Parental Leave following the occurrence of a qualifying birth or adoptive event. Employees working less than 1.0 FTE will be provided up to 6 weeks Paid Parental Leave in a prorated amount according to their FTE status at the time their leave of absence begins.
      2. Paid Parental Leave must be taken and completed within 12 months following birth or adoption. Any unused Paid Parental Leave remaining at the end of the 12-month period is forfeited and may not be banked for later use, paid out, or combined with any future Paid Parental Leave.
    2. Employees are eligible for a total of 6 (six) weeks of Paid Parental Leave in a 12-month period. When an employee experiences multiple events that would qualify for Paid Parental Leave in the same 12-month period, the eligible employee will only be entitled to a total of 6 (six) weeks of Paid Parental Leave.
    3. University benefits (such as, medical, dental, retirement, time off accruals, etc.) in which the employee is enrolled will continue while the employee is on Paid Parental Leave.
    4. Paid Parental Leave may be taken continuously, intermittently, or on a reduced schedule basis.
      1. Employees are entitled to take Paid Parental Leave on a continuous basis.
      2. Taking Paid Parental Leave on an intermittent or reduced schedule requires the advanced approval of the eligible employee's department except when leave is designated as WFMLA.
        1. WFMLA entitles employees to take family leave intermittently and on a reduced schedule basis within 16 (sixteen) weeks of birth or adoption. Prior approval from their department is not required while their leave is designated as WFMLA. When WFMLA is designated, Paid Parental Leave will run concurrently.
        2. Taking Paid Parental Leave on an intermittent or reduced schedule basis does not extend the 12 months after the birth or adoption in which the leave must be taken.
        3. All employees taking Paid Parental Leave intermittently or on a reduced schedule remain eligible to use other types of leave available to them (sick leave, vacation, personal holiday, etc.) when they must be absent from their scheduled work hours for reasons not related to parental leave. Employees must follow their department’s normal procedures for requesting time off and calling in absences when on intermittent or reduced schedule Paid Parental Leave. Failure to do so may result in Paid Parental Leave not being approved for those absences.
    5. Paid Parental Leave cannot be donated or transferred to other employees through the Catastrophic Leave Program.
  3. Notice Requirement and Other Considerations
    1. An eligible employee must submit the completed Request for Paid Parental Leave form at least 30 (thirty) calendar days in advance of the start date of leave. If 30 (thirty) days' notice is not given, the leave may be denied until 30 (thirty) days after the notice is received.
    2. Under some circumstances, the request for Paid Parental Leave may not be foreseeable or the employee may need to change the dates of their requested leave and employees may not be able to provide 30 (thirty) days' notice. In these cases, the employee must submit the Request for Paid Parental Leave form and notify their Divisional Disability Representative (DDR) within 14 (fourteen) days of becoming aware of their need to take leave or modify the dates of leave. Employees must follow their department’s normal procedures for requesting time off and calling in absences.
  4. Confidentiality - All medical information relating to the use of Paid Parental Leave, whether verbal or written, including FMLA medical documentation, shall be kept confidential to the maximum extent possible. All medical documents including, but not limited to, medical statements and FMLA medical certifications must be maintained within the Human Resources Department in the employee’s confidential medical file.
  5. Relation to Other Leave
    1. Paid Parental Leave will run concurrently with FMLA and/or WFMLA designated leave if the employee meets the eligibility requirements of the FMLA and/or WFMLA. The concurrent use of Paid Parental Leave and FMLA and/or WFMLA leave will decrease, in whole or in part, the amount of FMLA and/or WFMLA leave available to an employee.
    2. Paid Parental Leave may not be taken prior to the date of the qualifying event. Requests to take leave prior to the birth or adoption or beyond up to 6 (six) weeks of Paid Parental Leave require approval. Employees should discuss any additional family or medical leave they would like to take with their Divisional Disability Representative (DDR). Additional documentation may be required. UWMadison paid and unpaid leave policies apply.
    3. If an official Legal Holiday occurs during the eligible employee's Paid Parental Leave
      1. University, Faculty, Academic Staff and Limited appointees will receive legal holiday pay, in lieu of a Paid Parental Leave day, provided that the employee meets the eligibility requirements under the Personal and Legal Holiday policy and is in a paid status the day before or the day after the official legal holiday.
      2. Eligible Graduate Assistant appointments will follow state legal holiday policy as provided by the Graduate Assistantship Policies and Procedures.
    4. While using Paid Parental Leave, an eligible employee will continue to accrue other paid leave balances according to the applicable leave policy, including sick leave and earned vacation leave.
    5. Eligible employees may receive leave donations through the Catastrophic Leave Donation program after their Paid Parental Leave hours are exhausted when they meet the eligibility requirements according to the Catastrophic Leave policy.
  6. Reinstatement - At the conclusion of the Paid Parental Leave, the employee will typically return to the same position held at the time the leave began. In limited circumstances the employee may be returned to an equivalent position. 
    1. An employee on Paid Parental Leave is still subject to a layoff or reassignment that would have occurred otherwise had the employee been working.
    2. A fitness for duty may be required should the employee experience a serious health condition during Paid Parental Leave.
    3. The University's obligation to reinstate the employee to the same or equivalent position ceases if and when any of the following take's place:
      1. The employment relationship would have ended if the employee had not taken Paid Parental Leave; or
      2. The employee informs the University of their intent not to return to work at the end of the Paid Parental Leave; or
      3. The employee fails to return to work at the end of Paid Parental Leave and are not on an approved leave of absence.
  7. Limitations
    1. When a pregnancy results in the birth of more than one child (twins, triplets, etc.), all children born are treated as one qualifying event.
    2. In the case of multiple children being adopted on the same date, all children are treated as one qualifying event.
    3. The adoption of a stepchild (a child of the employee's spouse from a previous relationship) by an employee is not a qualifying event under this policy.
    4. An employee serving as a surrogate does not incur any qualifying events under this policy.
    5. Foster care, Kinship Care, Guardianship, and other child welfare placements are not qualifying events under this policy.
    6. Sperm donors do not incur a qualifying event under this policy.
    7. Upon termination of employment, the employee shall not be eligible for payment for any unused Paid Parental Leave balances.
  8. Consequences for Non-Compliance - Consequences for providing false information on the Paid Parental Leave request form or when requesting Paid Parental Leave may include:
    1. Denial of the Paid Parental Leave request
    2. Responsibility of employee to repay Paid Parental Leave taken
    3. Disciplinary Action
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Effective Date:
07-01-2024
Retrieved:
04-25-2024 13:03:56