Purpose
The purpose of these Guidelines is to provide clarification and guidance to supervisors and managers in the administration of Parental Leave within the County of Sacramento.
Eligibility
All regular County employees who have at least one year of continuous employment (with no break in service) within six months after the date of birth or placement of a child in the care of the employee for purpose of adoption are eligible. The employee’s one year of continuous service can include time as a temporary employee.
In the case of adoption, all the following must also exist:
- The child has been placed with the employee for the purpose of adoption.
- Have at least one year of continuous employment (with no break in service) within six months after the date of birth of a child or placement of a minor child in the care of the employee and verification of their intent to adopt.
Example: A grandchild is placed with the grandparent (employee) on April 1 with the intent to adopt the child. On April 15 the employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. If the employee has at least one year of continuous employment, the employee is eligible for Parental Leave. The Parental Leave must be completed by October 1.
Example: An employee plans to adopt a child from another country. On June 1, the employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. The employee goes to that country and the child is placed with her/him on August 12. The Parental Leave eligibility period begins on the date the child is placed with the employee. The employee is eligible for four weeks of leave and must complete the leave by February 12 of the following year.
Example: An employee’s niece has resided with the employee for three years. After three years, the employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. Since the niece has resided with the employee for more than six months prior to the initiation of the adoption, the employee is not entitled to Parental Leave.
Example: A foster child was placed with an employee two years prior to the initiation of the adoption of the child. The employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. The employee would not be eligible for Parental Leave because the child was placed in the home more than six months prior to the initiation of the adoption.
Example: An employee plans to adopt a child of their spouse/registered domestic partner. The child has not resided with the employee prior to the placement of a child in the care of the employee for purpose of adoption. The employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. The employee is eligible for Parental Leave.
Example: An unmarried employee plans to adopt their significant other’s three children. The children do not currently reside with the employee. The employee provides the supervisor with the Request for Parental Leave form and appropriate documentation. The employee would be eligible for Parental Leave of 160 hours for the adoption of all three children.
Time Off
Unused Parental Leave
Any hours not used within the six month period of the birth or placement will be forfeited.
Example: On April 1 an employee has a baby or a child is placed with him or her.
The employee elects to take Parental Leave time from July 11 – October 5; therefore, the employee must take the time before October 1 or will forfeit any remaining time.
Holidays
If an employee ordinarily receives holiday pay and a holiday occurs during the Parental Leave, the employee will receive holiday pay. The holiday is not counted against Parental Leave hours.
Other Time Off
Other than the use of sick leave, jury duty or family death leave, no other time off is permitted while on Parental Leave.
Military Leave
Parental Leave cannot be taken during a military leave but will be deferred until the employee returns to work. The employee will be allowed to extend his or her parental leave period by the number of work days equivalent to the period of absence due to military leave. In no event shall the period in which the employee can take their parental leave extend beyond six months from the date the employee returns to work.
Example: An employee begins military leave on April 1, 2014 and return to work at the end of military leave on December 1, 2014. The employee’s wife had a baby on April 15, 2014. If the employee had not been on military leave he would have been required to complete his parental leave by October 15, 2014. However, since the employee was on military leave he has six months from the date of his return to work, or until June 1, 2015 to complete his parental leave.
Example: An employee’s wife has a baby on April 15. On July 1 the employee begins military leave and remains on leave through August 1. In this case the time within which the employee must use his parental leave is extended by the number of calendar days equivalent to the time used for military leave or one month. If the employee had not been on military leave he would be required to complete his parental leave by October 15. However, since the employee was on military leave for one month he has until November 15 to complete his parental leave.
Both Parents Employed by County
If both parents of the child are regular County employees and have applied for Parental Leave, each parent is eligible for the leave, and both must take the leave within the six month period.
Death or Removal of the Child
In the event of a baby’s death or the removal of the child from the employee’s care, the Parental Leave shall no longer be applicable. In the event of a death of the child, a regular employee would be entitled to Family Death Leave.
Calculation of Leave Time
Employees are entitled to up to 160 hours of paid time off for the purposes of parental bonding and caring for a newborn or placement of a minor child in the care of the employee for purpose of adoption.
- Full-time regular employees are eligible for a maximum of 160 hours of Parental Leave. The maximum 160 hours is for the birth or placement, regardless of the number of children born or adopted at one time.
Example: If one twin is born at 11:30 p.m. on Friday, and the second twin is born at 12:15 a.m. on Saturday, the employee is entitled to only one Parental Leave period.
- Part-time regular employees receive a pro-rated number of hours of Parental Leave.
Example: A half-time (.5 FTE) employee would receive a maximum of 80 hours of Parental Leave; a four-fifths (.8 FTE) employee would receive a maximum of 128 hours of Parental Leave.
Coordination of Leaves
FMLA and/or CFRA – Prior to authorization of unpaid FMLA and/or CFRA leave to care for a child, the County requires an employee to use all available vacation, holiday-in-lieu, and Parental Leave. Therefore, Parental Leave must be exhausted prior to granting an unpaid FMLA and/or CFRA leave to care for a new child. Time off beyond the FMLA/CFRA entitlement period to care for a new child is at the discretion of the supervisor/manager.
California Paid Family Leave Insurance Program (PFL) – PFL is a state program that provides benefits for baby bonding under certain circumstances, see PFL Information and Guidelines. An employee is not eligible to receive PFL benefits while on Parental Leave.
Note: While on FMLA leave, employees may elect to not use any available leave balances provided they are receiving a wage replacement benefit (e.g. SDI, PFL, W/C). See Illistration.
Acceptable Documentation
For births:
- Birth certificate;
- Certificate of live birth; or
- Letter from Hospital
Documentation must include the date of the child’s birth and employee’s name as parent.
For adoptions (child has been placed with the employee and the employee intends to adopt):
- Letter from attorney stating that the adoption process is underway;
- Legal court order;
- Letter from applicable social services or adoption agency; or
- Proof of initiation of an adoptive home study;
Documentation must include the employee’s name and date the child was or will be placed with the employee.
Notification
Employee Responsibilities
The employee must complete a "Request for Parental Leave" form and submit acceptable documentation.
County Responsibilities
The employee’s request shall be approved by the Appointing Authority, except if the Parental Leave would unduly interfere with or cause severe hardship upon department operations or FMLA/CFRA is running concurrently.
Forms and Checklists
All leave forms and checklists can be found on the County intranet or are available from your HR Service Team.