Office of the Vice President for
Administration and Finance
SECTION: HUMAN RESOURCES INDEX: C-27
SUBJECT: PARENTAL LEAVE
This policy describes the parental leave benefits that the State of Texas provides to eligible employees in accordance with the General Provisions of the State General Appropriations Act. This policy complies with the University of Houston System Administrative Memorandum.
UHV employees who have not met the employee eligibility requirements for
Federal Family and Medical Leave (FMLA) are entitled to parental leave for the
following qualifying conditions:
- 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
taken for these events must be reported as parental leave.
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 one
parental leave are entitled to benefits under UHV
Child: For the purposes of parental leave, a biological,
adopted, or foster child under three years of age
Eligible employee: For the purposes of parental leave, any
- 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-Victoria in the 12-month
period immediately preceding the leave.
Year: Twelve months measured forward from the first date
parental leave begins
Other applicable definitions may be found in UHV Policy C-26.
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 (UHV
Policy C-1). The employee may choose to use accrued compensatory time,
instead of unpaid parental leave, but may not be required to do so. Any
compensatory time taken may not be counted against the employee's 12-week
parental leave entitlement.
Employees with less than six months of continuous employment with the State
of Texas are not eligible to take vacation.
A leave of absence extends the probationary period of employment.
Parental leave may start no earlier than the date of birth of a natural child
or adoption or foster care placement of the child.
Except under the conditions outlined in UHV Policy C-26, employees returning
from approved parental leave within the provisions of this policy shall be
restored to their original or equivalent positions with equivalent pay,
benefits, and other employment terms.
- An employee offered an
equivalent position who chooses to decline the position waives any rights to
- An employee who believes that
a position offered is not an equivalent position is entitled to file a
grievance under UHV
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 UHV Policy C-26.
All requests for parental leave must be submitted on the Application for Family and Medical Leave or Parental Leave form and shall be accompanied by the written statement or form certified by the health care provider. (See UHV Policy C-26 for application form.) "Parental Leave" should be checked in the appropriate area on the application form.
Employees are responsible for submitting both required forms to their
supervisor at least 30 calendar days in advance of the leave, where possible.
The supervisor must in turn ensure that the forms are forwarded to the Human
Resources Office within three days of receipt.
Full information must be provided as outlined in UHV Policy C-26, and the procedure for departmental processing
of an application outlined in that policy shall be followed.
To request leave based on the adoption or placement of a child, a copy of the
legal order of adoption or placement is required.
Insurance Premium Billing
Procedures for insurance premium billing under family and medical leave (UHV
Policy C-26) are the same for parental leave. Therefore, when parental
leave is without pay, that process shall be followed, except that the personnel
action request (PAR) shall indicate "Parental Leave" in the Remarks
Employee Requirement for Return to Work:
Upon return to work, an employee who has been on approved leave for more than
three days based on the employee's serious health condition (i.e. childbirth)
will be required to present to the supervisor a doctor's release certifying
fitness to return to work. This requirement does not apply to the father
or adoptive/foster parent taking parental leave.
A request to return to duty with restrictions will be considered on a
case-by-case basis, based on such concerns as the needs of the department, the
essential functions of the job, and the type and extent of existing
General Procedural Requirements
All employee reporting requirements and record keeping requirements for
parental leave are the same as those for family and medical leave as outlined inUHV
The Human Resources Office must be contacted within 30 days of the
birth/adoption/ placement to include the new baby/child in the employee’s
Tim Hudson, Ph.D. Date
Originating department: Human
New review date: April 2008