Staff Parental Leave Policy
Staff parental leave is designed to provide partial paid time off for regular CMC staff members following the birth, adoption or foster placement of a child, in order to bond and care for a new child. Because the College is committed to providing a "family friendly" work environment for its staff, the following policy meets and in certain aspects significantly exceeds relevant statutory leave entitlements.
This policy is effective December 6, 2002 and revised October 1, 2011.
Regular staff working 75% or more of the time with 12 months of continuous service, including 1,250 hours of service during the 12-month period prior to commencement of the leave, are eligible for this benefit. Employees on a leave of absence that is not provided by federal or state law, part-time staff working less that 75%, and temporary employees are not eligible for this benefit. Parental leave may be taken by either parent. However, if both parents are employed by Claremont McKenna College, they are requested to take their parental leaves at different times so that both employees are not away from work at the same time.
Parental leaves for the birth or adoption of a child are limited to one leave per "event" for each regular CMC staff member. A single birth or multiple births (e.g. twins, triplets) and the adoption of one or more than one child through a single adoption proceeding, all are considered one "event." Similarly, the placement for foster care of one or more than one child through a single foster placement or proceeding is deemed to be one "event."
The enhanced benefits provided through CMC's Staff Parental Leave Policy (for the birth, adoption, or foster placement of a child) are limited to no more than two birth, adoption, or foster placement events during a person's employment with CMC. Past parental leaves taken on or before October 1, 2011, will not apply against this two-event limitation. All future leaves will apply against the two-leave limit.
The limitations applicable to this policy do not limit or restrict parental leave benefits provided for under applicable state or federal laws including, without limitation, the Family Medical Leave Act ("FMLA"), the California Family Rights Act ("CFRA"), California Pregnancy Disability Leave ("PDL"), California Paid Family Leave ("PFL") or other parental leave benefits provided under state law for foster care placement on multiple occasions.
Staff Parental Leave Benefits
The Staff Parental Leave policy provides a maximum of 12 weeks of paid leave, compensated at up to 75% of the staff member's regular salary. This benefit runs concurrent and is coordinated with all available statutory paid and unpaid family leave benefits, consistent with applicable law. The staff member must first apply for paid family leave benefits through the College's Voluntary Disability plan administered by the CUC Disability Office. The Staff Parental Leave Policy will compensate the employee the difference between Paid Family Leave benefits, administered by the CUC Disability Office, up to 75% of regular salary for up to 12 weeks of leave. The employee will be required to augment the 75% of pay under the staff parental leave benefit with accrued vacation time, if available, to no more than 100% of regular pay for up to 12 weeks.
For employees disabled by pregnancy, the staff parental leave policy will begin at the termination of the pregnancy disability leave and associated Voluntary Disability Insurance income. Staff parental leave will run concurrently with CFRA and FMLA (if FMLA has not otherwise been exhausted).
Time and Proof Requirements
Any leave taken under this leave policy must be concluded within the 12-month period following the birth, adoption, or foster placement event. Evidence of the birth, adoption, or foster placement event will be required within 21 days of the birth, adoption of foster placement event. This is commonly a birth certificate or appropriate court documents. The pay the staff person receives will correspond to the individual's normal rate of pay for that period and will be subject to all standard withholdings and authorized deductions.
Coordination of Applicable Statutory and Other CMC Leave Benefits
Employees are entitled to up to 12 work weeks of unpaid leave per year under the FMLA and the CFRA for, among other things, the birth, adoption or placement for foster-care of a child. In addition, the College extends an additional four (4) weeks of unpaid leave beyond this statute. To be eligible for FMLA and CFRA, the employee must have at least one year of service at CMC and have provided at least 1,250 hours of service prior to the leave. Information about both FMLA and CFRA leave entitlements may be found in CMC's Family & Medical Leave Policy.
Employees who are disabled by pregnancy may also be entitled to up to four months of unpaid leave under the California Pregnancy Disability Leave law (PDL). An employee's time off under CFRA will not run concurrently with time off under PDL, however an employee's time off under FMLA will run concurrently with time off under PDL or CFRA, which ever has been used first. Information about PDL entitlements may be found in CMC's Family & Medical Leave Policy.
All paid time taken off under the Staff Parental Leave Policy will run concurrently with any applicable statutory leaves, (FMLA, CFRA, PDL and PFL). The provisions of the Claremont McKenna Family & Medical Leave Policy apply to any time off due to family or medical leave (including pregnancy disability leave and leave for the birth of the child, as defined by the policy), even if that period of time is also covered by the Staff Parental Leave Policy.
Staff members who are not eligible for paid staff parental leave or who have exceeded the limit of two paid parental leaves may be eligible to take unpaid parental leave for up to 12 weeks pursuant to the College's Family and Medical Leave Policy, plus an additional four weeks of unpaid leave beyond the FMLA and CFRA statutes. Although a Family and Medical leave is unpaid, the staff member may also be eligible to receive Paid Family Leave insurance benefits through the College's Voluntary Disability Insurance plan, which provides partial payment for up to six weeks during a 12-month period to bond with a newborn, adopted or foster child.
To apply for a paid Staff Parental Leave or any other statutory leave of absence for child bonding, staff members should complete the form entitled "Application and Request for Staff Parental Leave." Additionally, you must give your supervisor and Human Resources as much advance notification of your intended absence as possible, but not later than four months prior to the expected beginning of the leave or as soon as the date of the need for leave is known, when it is less than four months. You will also be required to provide your expected return to work date.
Benefits will continue during the parental leave period. The employee will continue to be responsible for his/her portion of the premium payment. Retirement benefits will continue as well, but the College's contribution to the retirement plan will be based on the amount of regular wages, accrued sick or accrued vacation actually paid, and is not calculated based on voluntary disability insurance income or paid family leave benefits. Employees will not accrue vacation time or accumulate sick leave benefits for the duration of the leave.
Return to work
Staff members are required to return to work upon the completion of their leave. Failure to return at the conclusion of an approved parental leave will be considered a voluntary resignation.
If you have questions regarding Staff Parental Leave, please contact the CMC Human Resources Office at:
CMC Office of Human Resources
528 North Mills Avenue
Claremont, CA 91711
If you have questions regarding Voluntary Disability, Pregnancy Disability or Paid Family Leave insurance benefits, please contact the CUC Disability Administration Office at:
CUC Disability Office
101 S. Mills Avenue
Claremont, CA 991711