Staff Child Birth, Parental & Adoption Leave

Policy number: 7.17

Policy section: Human Resources

Revised Date: January 2, 2019


1. Policy Statement

The University will provide paid Child Birth and Parental Leave to a benefits-eligible staff employee in connection with the birth and/or care of a child, or paid Adoption Leave to a benefits-eligible staff employee who adopts or fosters a child five years of age or younger.

2. Purpose

The purpose of Child Birth, Parental and Adoption Leave is to enable the employee to give birth, recover from child birth, and/or care for a newborn or a newly adopted or newly placed foster child.

3. Applicability

Benefits-eligible full-time and part-time staff may request a paid Child Birth, Parental or Adoption Leave after one year of consecutive employment with the University.

4. Department Administrative Rules, Procedures, and Guidelines

  1. The Department of Human Resources, under the purview of the Vice President for Business and Finance, has oversight and administrative responsibility for this policy and shall promulgate departmental rules, procedures, and guidelines pursuant to this policy.
  2. Detailed eligibility information can be found in Appendix A below.

5. Questions

Questions regarding this policy should be directed to the Department of Human Resources at benefitsu@smu.edu.

Appendix A: Eligibility

Child Birth Leave under this policy takes effect when it becomes necessary for an eligible staff member to be away from work as the result of the birth of a child and includes leave to recover from child birth. Parental Leave under this policy takes effect when an eligible staff member elects to be away from work to care for or bond with a child as a result of birth. Adoption Leave under this policy takes effect when an eligible staff member elects to be away from work to care for or bond with a child as a result of the adoption or foster placement of a child five (5) years of age or younger.

  1. Female staff who give birth are eligible for (i) a total of four (4) weeks (twenty (20) consecutive working days) per calendar year of paid Child Birth Leave to give birth and recover from child birth for a normal delivery or (ii) a total of six (6) weeks (thirty (30) consecutive working days) per calendar year of paid Child Birth Leave to give birth and recover from child birth for a Caesarian delivery.
  2. Staff members, both male and female, who have already taken and received Child Birth Leave or who do not qualify for Child Birth Leave, are eligible for up to two (2) consecutive weeks (ten (10) consecutive working days) per calendar year of paid Parental Leave to bond with and care for their newborn child.
  3. The combination of paid Child Birth Leave and Parental Leave may not exceed a total of six (6) weeks paid leave (in the event of a normal delivery by a staff member) or eight (8) weeks leave (in the event of a Caesarian delivery by a staff member), as applicable, per calendar year.
  4. Staff members who adopt a child or have a foster child placed with them, which child is five (5) years of age or younger, are eligible for a total of three (3) consecutive weeks (fifteen (15) consecutive working days) per calendar year of paid Adoption Leave to bond with and care for the child.
  5. The birth of a child, recovery from child birth, adoption of a child or foster care of a child are each qualifying events under the Family and Medical Leave Act (“FMLA”). Time taken for Child Birth, Parental, or Adoption Leave under this policy will count as part of the total twelve (12) weeks of leave allowed per calendar year under University Policy 7.16, Family and Medical Leave Act (FMLA). In other words, Child Birth Leave, Parental Leave, and Adoption Leave each run concurrently with FMLA leave arising from pregnancy, birth, adoption, or foster care placement.
  6. During an approved Child Birth, Parental or Adoption Leave, a staff member will continue to receive usual wages and elected benefits. In addition, paid medical leave and vacation leave will continue to accrue while the staff member is on approved Parental or Adoption Leave.
  7. Staff members must return to work after an approved Child Birth, Parental, or Adoption Leave for a period of at least the length of time they were on approved leave under this policy or the staff member will be required to reimburse the University for all compensation received while on such approved leave in accordance with applicable law.
  8. A staff member may be eligible for additional paid or unpaid time off in accordance with University Policy 7.16, Family and Medical Leave Act (FMLA), and/or applicable law and/or any other paid or unpaid time-off University Policies. Opportunities for other paid or unpaid leave, other than FMLA leave, are administered pursuant to the terms and conditions of University Policy 7.15, Paid Medical Absence, and in accordance with applicable law.
  9. If the effective date of the Child Birth, Parental or Adoption Leave is foreseeable, the staff member must provide to his or her supervisor and to the Department of Human Resources at least thirty (30) days advance written notice of the staff member’s intent to take Child Birth, Parental or Adoption Leave and the expected effective date; or if the leave date is not foreseeable, the staff member must provide written notice to the Department of Human Resources and the supervisor of the need for Child Birth, Parental or Adoption Leave as soon as practicable.
  10. The staff member must complete a Staff Leave of Absence Form and receive appropriate approvals before his or her Child Birth, Parental or Adoption Leave commences.
  11. The staff member may be required to provide to his or her supervisor and to the Department of Human Resources, a medical or other approved certification or other proof to support a request for leave under this policy.

Revised: January 2, 2019

Adopted: June 11, 2007