OM 8.1.14 Caregiver Leave (Birth, Adoption, or Fostering) - Non-Continuing Faculty
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Effective Date: March 2008 |
Policy Contact: Human Resources |
Table of Contents
Policy Statement
Policy Purpose
The University is committed to employment practices that promote employee health and well-being and support employee work life/family harmony.
Policy Summary
The University is committed to employment practices that promote health and well-being of employees and supporting a healthy work life balance that benefits both the employee and the University.
Definition of Terms
Eligible Employees: Non-continuing faculty
Must be employed for at least two (2) successive regular semesters before the start of the leave, on a three fourths (3/4) time contract appointment and will be employed post the leave.
Employment Benefits: All benefits provided by the University to employees including but not limited to: group life and accidental death insurance, disability insurance, health insurance, dental insurance, vacation, sick leave, special personal days, educational benefits, employee assistance program and retirement contributions.
Family and Medical Leave Act (FMLA): A job-protected unpaid leave (unless employee supplements with personal time) for up to twelve (12) workweeks (or up to 26 weeks for qualified Military leave) during a rolling twelve (12) month period for reasons specified in this policy and in conformance with Federal Family and Medical Leave Act (FMLA) of 1993. OM 8.1.13
Primary Caregiver Paid Leave: A person who provides care for the newborn child, adopted child or the commencement of fostering a child(ren) for at least twenty (20) working hours each week
Secondary Caregiver Paid Leave: A person who provides care for less than half of the care for the newborn child, adopted child or the commencement of fostering a child(ren).
Policy Statement
All eligible non-continuing faculty are entitled to eight (8) weeks paid in full for primary caregiver or four (4) weeks paid in full for secondary caregiver leave.
Eligible non-continuing faculty may continue their leave under Family Medical Leave Act (FMLA) for an additional four (4) weeks off unpaid for primary caregiver leave or an additional eight (8) weeks off unpaid for secondary caregiver leave or paid if they choose to supplement with special personal or sick days. If the employee does not have accrued time available or choose not to use their accrued time, this time would be unpaid.
Non-continuing faculty are expected to return to work for a minimum of eight (8) weeks for primary caregiver leave or a minimum of four (4) weeks for secondary caregiver leave after the completion of the leave or could be required to pay the University back for payments received while on leave.
Procedures
To request leave, non-continuing faculty must submit a letter requesting caregiver leave to the appropriate department dean or chair and contact Human Resources 315-268-6497 or by emailing clarksonhr@clarkson.edu.
The department dean or chair will submit a letter to the provost indicating whether the leave will necessitate replacement of instructional time.
The University will provide eight (8) weeks paid in full for primary caregiver or four (4) weeks paid in full for secondary caregiver leave at the time of birth, adoption or the commencement of fostering a child(ren).
Secondary caregiver leave can be taken immediately following birth, adoption or the commencement of fostering a child(ren) or within six (6) months of birth, adoption or the commencement of fostering a child(ren).
In a case where the attending physician deems the maternity disability to be greater than eight (8) weeks, the employee would be required to request an unpaid leave of absence for the remainder of leave. OM 8.3.3.1
This policy runs in conjunction with Family Medical Leave Act (FMLA) policy OM 8.1.13, which allows employees to take up to twelve (12) weeks off unpaid with job protection.
The University may not permit both parents time off at the same time following the birth, adoption or the commencement of fostering a child.
Example: If both parents work for the University and in the same department, the leave for one parent may be denied if allowing both parents the same time off causes undue hardship to the department.
The University recognizes that multiple births, adoptions or the commencement of fostering a child(ren) may occur.
Upon request and approval from Chief Human Resources & Deputy Chief Inclusion Officer, employees may request an unpaid leave of absence for up to six (6) months, which includes time already taken for caregiver leave and/or FMLA. More information on Leave of Absence visit OM 8.3.4.1.
History
Adopted June 2012
Revised Effective July 2014
Editorial Revision (position title) December 2016
Revised by University Governance February 2022
Policy is now for non-continuing faculty; continuing faculty leave OM 8.1.15; staff are now provided leave under the NYS Paid Family Leave Policy OM 8.1.18, approved by Faculty Senate, Admin Council and President March 2023