I. PURPOSE AND SCOPE

This policy has been established to comply with the Parental Leave provisions of the State General Appropriations Act. The policy prescribes the leave benefits available to all faculty and staff employees who meet the eligibility requirements defined in section III of the policy.

II. POLICY STATEMENT

The State of Texas extends the leave benefits of the Federal Family and Medical Leave Act for the following qualifying events to employees who have worked for a period of less than 12 months for the State of Texas and fewer than 1,250 hours for the University of Houston. These employees are not, therefore, eligible for family and medical leave. Leave taken for these events must be reported as parental leave.

• The birth of a child to the employee and the care of the newborn.
• The placement of a child under three years of age with an employee in connection with the adoption or state-approved foster care of the child.

The eligible employee is entitled to a maximum of 12 weeks of approved parental leave in a year, as defined in this policy. The employee may take a shorter leave. Employees who meet the eligibility requirements of family and medical leave are entitled to benefits under MAPP 2.02.01, based on length and hours of employment.

III. DEFINITIONS

1. Child: For the purposes of parental leave, a biological, adopted, or foster child under three years of age.
2. Eligible employee: Any employee who:
   • Has worked for the State of Texas for a period of time less than 12 months; and
   • Has fewer than 1,250 hours actually worked for the University of Houston in the 12 months immediately preceding the qualifying leave.

3. Year: Twelve months measured forward from the first date parental leave begins Other applicable definitions may be found in MAPP 2.02.01 Family and Medical Leave.

IV. PROVISIONS

1. An eligible employee must use all applicable accrued paid leave (including sick leave and vacation) while taking parental leave. The use of accrued sick leave is, however, restricted to those circumstances that would otherwise qualify the employee for sick leave usage under state law and university rules and regulations governing the use of sick leave (UH System Administrative Memorandum 02.D.01). The employee may choose to use accrued compensatory time, instead of unpaid parental leave, but may not be required to do so. Any FLSA compensatory time (1.5) taken may not be counted against the employee's 12-week parental leave entitlement.
2. Employees with less than six months of continuous employment with the State of Texas are not eligible to take vacation.
3. A leave of absence extends the probationary period of employment.
4. Parental leave may start no earlier than the date of birth of a natural child or adoption or foster care placement of the child.
5. Except under the conditions outlined in section IV.K. of MAPP policy 2.02.01, employees returning from approved parental leave must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
   1. An employee offered an equivalent position who chooses to decline the position waives any rights to reinstatement.
   2. An employee who believes that a position offered is not an equivalent position is entitled to file a grievance under the University of Houston Grievance Policy and Procedure, MAPP 2.04.01.

6. Other provisions relating to leave for birth, adoption, or foster care of a child under family and medical leave apply also to parental leave. Those provisions may be found in MAPP 2.02.01.

V. REVIEW AND RESPONSIBILITIES

Responsible Party: Assistant Vice President, Human Resources

Review: Every 3 years, on or before August 31

VI. APPROVAL

Randy Harris, Vice President for Administration and Finance

Arthur K. Smith, President

Date of President's Approval: 12/12/97

VII. REFERENCES

• State of Texas General Appropriations Act
• MAPP Procedure 2.02.02
• Index Terms:
• Adoption
• Family and medical leave
• Leave
• Medical leave
• Parental leave