FOSCEP Brothers and Sisters,
In accordance with the Governor’s announcement on August 25, 2020, the Commonwealth is instituting a Paid Parental Leave program, to be effective October 15, 2020 for those employees who work in agencies under the Governor’s jurisdiction, in accordance with the following parameters:
- Up to six (6) weeks of Paid Parental Leave may be utilized by full-time (225/240 hours) or part-time (prorated based on regular hours worked) permanent employees who have been continuously employed by the Commonwealth for the immediate twelve (12) months preceding a qualifying event and who otherwise meet the Family and Medical Leave Act (FMLA) entitlement and eligibility requirements.
- Paid Parental Leave is not to be used prior to the birth of the child.
- The term “permanent employee” for the sole purpose of this benefit shall include any employee who is hired with the expectation of being in an active pay status for more than twelve (12) consecutive months, or who is hired with the expectation of being in an active pay status from nine (9) to twelve (12) consecutive months inclusive and with the expectation of working on an annually recurring basis thereafter.
- Eligible employees shall, when able, provide notice of their intent to use Paid Parental Leave at least thirty (30) calendar days prior to the anticipated date of a qualifying event.
- A qualifying event for the purpose of this benefit shall constitute the birth of a newborn biological or adopted child or the adoption or foster care placement of a child under the age of eighteen (18) years old, either of which must occur on or after October 15, 2020.
- Written proof of a qualifying event must be provided by the requesting employee as a condition of approval.
- Paid Parental Leave must be used within six (6) months (180 calendar days) immediately following the qualifying event, and the absence must both commence and end within this six (6)-month period. For this reason, if Paid Parental Leave is used on an intermittent basis or does not otherwise commence within twenty (20) weeks of the qualifying event on a full-time consecutive basis, the Paid Parental Leave entitlement may be reduced by virtue of the expiration of this six (6)-month period.
- Any Paid Parental Leave not used within this six (6)-month period will be forfeited.
- Paid Parental Leave cannot be converted to other paid leave, cannot be saved for a future qualifying event and is not payable upon separation from employment.
- Paid Parental Leave must be used in full-day increments. In no situation shall an employee use more than six (6) weeks (225/240 hours) of Paid Parental Leave within a twelve (12)-month period. If used intermittently, employees must obtain prior approval from their supervisory chain-of-command and use of Paid Parental Leave in this manner may be denied for legitimate operational reasons.
- The utilization of Paid Parental Leave will run concurrently with and reduce the FMLA entitlement. In no event shall the use of any paid leave (annual, sick, parental) extend the twelve (12)-week FMLA entitlement or extended leave without pay entitlements granted under Article/Recommendation 15 (Family and Medical Leave Act Leave) of the parties’ collective bargaining agreement/memorandum of understanding.
- Paid Parental Leave shall be paid at the utilizing employee’s regular, straight-time rate of pay, with seniority credit, but will not count as hours worked for the purposes of calculating overtime. It is distinctly understood that the Employer will not be required to equalize overtime for employees using Paid Parental Leave during the periods of time they are absent and employees will not be permitted to return to work during any day on which they are utilizing Paid Parental Leave.
- When more than one (1) parent is a Commonwealth employee and is otherwise eligible, each parent may utilize the full Paid Parental Leave entitlement in connection with the same qualifying event. Each parent may, in accordance with the requirements outlined above, utilize their Paid Parental Leave simultaneously or at different times, provided that the leave taken by each parent commences and is completed within six (6) months (180 days) immediately following the qualifying event in question.
If you have any questions, please contact your local FOSCEP representative.
Take care and stay safe.
Tina Weaver
FOSCEP President