5.18 / Paid Parental Leave Program for Employees

Initiating Authority

Human Resources serves as the initiating authority for this policy.

Purpose

The purpose of this policy is to implement the KBOR Paid Parental Leave policy to provide a period of paid leave to Eligible Employees following a Qualifying Event.

Policy

1. Qualifying Events prior to September 19, 2021

   If the Qualifying Event occurred prior to September 19, 2021, Eligible Employees designated as the Primary Caregiver may receive up to six (6) weeks of Paid Parental Leave. Eligible Employees designated as the Secondary Caregiver may receive up to three (3) weeks of Paid Parental Leave. All Paid Parental Leave must be used during the Benefit Period. Eligible Employees will be paid 100% of their base rate of pay during the Paid Parental Leave period.

2. Qualifying Events on or after September 19, 2021

   If the Qualifying Event occurs (or occurred) on or after September 19, 2021, Eligible Employees designated as the Primary Caregiver may receive up to eight (8) weeks of Paid Parental Leave. Eligible Employees designated as the Secondary Caregiver may receive up to four (4) weeks of Paid Parental Leave. All Paid Parental Leave must be used during the Benefit Period. Eligible Employees will be paid 100% of their base rate of pay during the Paid Parental Leave period.

3. Eligibility Requirements and Paid Status

   1. An Employee must meet all of the following eligibility criteria at the time of the Qualifying Event to qualify for the paid leave under this Policy:

      1. Be a Benefit-Eligible Employee; and
      2. Completed at least twelve (12) months of continuous service with the State of Kansas; and
      3. Be a Primary or Secondary Caregiver for a Qualifying Event; and
      4. Is in Paid Status at the time of the request for leave; and
      5. Follows the outlined procedures for this policy.

   2. Paid Status

      Employees are not eligible for Paid Parental Leave during periods when the Employee is not in Paid Status. Employees on academic year or less than twelve (12)-month appointments are not considered in Paid Status outside of an active appointment period. Accrued leave benefits may be required to maintain Paid Status if an employee is on unpaid leave.

4. Family Medical Leave Act Leave

   When requesting Paid Parental Leave, the Employee will also be reviewed for FMLA eligibility. If an Employee qualifies for FMLA leave for prenatal and delivery leave following the birth of a child, or for bonding leave following birth, adoption, or placement of a child for foster care, FMLA will be designated as appropriate. All FMLA and Paid Parental leave will be taken concurrently when the Eligible Employee qualifies for both FMLA leave and Paid Parental Leave for the same Qualifying Event. Employees taking leave for reasons not related to birth, adoption, or foster care placement of a child (e.g. care of a child with a serious health condition following birth or adoption) are not eligible for Paid Parental Leave. Employees should refer to University Policy 3.34 / Family and Medical Leave Act for more information.

5. Use of Paid Parental Leave

   1. Block Leave

      Leave must be taken in one continuous block of time within the Benefit Period unless the Employee's Leader approves a different schedule (i.e. reduced/part-time or intermittent leave).

   2. Leave Limited to Benefit Period

      Leave may not be granted, extended, carried over, or used after the Benefit Period. Any amount of Paid Parental Leave not utilized by the eligible Employee during the Benefit Period shall be forfeited.

   3. Leave Not Transferrable

      Leave under this policy is not transferrable and cannot be donated through any program, including the Shared Leave program.

   4. Additional Leave

      Nothing in this policy shall be construed as prohibiting the University from providing additional leave, to the extent allowed by applicable University policy, KBOR policy, or state statute or regulation. Any University decision to grant additional paid leave, that is not otherwise expressly authorized by University policy, shall be authorized by the Employee's Leader in writing and must be reviewed by the Office of Human Resources and Office of General Counsel before used.

      The University may, if deemed necessary or in the best interest of the University, temporarily reassign an Eligible Employee's duties while the Employee is on Paid Parental Leave.

6. Accrual of Sick and Vacation Leave

   Employees granted Paid Parental Leave will continue to accrue sick leave, vacation leave, and all other regular benefits, in accordance with applicable rules, regulations, KBOR policies, and statutes.

7. Exceptions and Special Circumstances

   1. When There are Two Eligible Employees

      If two Eligible Employees are designated as a caregiver for the same Qualifying Event, one Employee must be designated as the Primary Caregiver and one Employee must be designated as the Secondary Caregiver. In such instances, the two Eligible Employees may take Paid Parental Leave concurrently, consecutively, or at different times from one another within the Benefit Period.

   2. Part-time Employees

      For Eligible Employees who are employed part-time, the number of weeks of Paid Parental Leave are the same as for full-time Eligible Employees. The hours of Paid Parental Leave paid in each week will not exceed their normally-scheduled weekly hours.

   3. Holidays

      Official and observed holidays do not count against Paid Parental Leave. An Employee utilizing Paid Parental Leave during an occurrence of an official or observed holiday shall receive holiday pay on the holiday.

   4. Multiple Children

      The occurrence of a birth or adoption of multiple children during one Qualifying Event (i.e., the birth or adoption of twins) does not increase the length of Paid Parental Leave for that Qualifying Event.

8. Other Laws, Policies and Rules

   In the event that anything in this policy conflicts with any KBOR policy or Kansas law, the provisions set forth in the applicable KBOR policy and/or Kansas law shall govern.

Definitions

1. Benefit Period: The twelve (12)-week period immediately following the Qualifying Event.
2. Benefit-Eligible Employee: An Employee holding a 0.5 full-time equivalency (FTE) or greater position at the University as a faculty member, an unclassified professional Employee, or a University support staff Employee. Employees of affiliated corporations are not included in this definition except to the extent they otherwise meet the criteria as an Employee stated in this paragraph.
3. Eligible Employee: An Employee who has met all eligibility criteria set forth in this policy to receive the Paid Parental Leave benefit.
4. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes part-time Employees, but does not include temporary employees.
5. Leader: Individuals at the University who have Benefit-Eligible Employees reporting to them or are Department Chairs/Directors.
6. Paid Status: A period of active appointment. This status does not extend to periods during which an Employee is receiving pay (e.g. salary spread) but not on active appointment.
7. Paid Parental Leave: Paid leave provided to Eligible Employee as set forth in this policy.
8. Parent: A biological, adoptive or foster parent.
9. Primary Caregiver: An Employee who is a Parent of a newborn or newly adopted child or who has assumed placement of foster child(ren) with primary child-rearing responsibility.
10. Qualifying Event: A birth, placement of a child for adoption (up to six (6) years of age), or placement of foster child(ren), occurring on or after July 1, 2019.
11. Secondary Caregiver: An Employee who is a Parent of a newborn or newly adopted child who has assumed placement of foster child(ren) with secondary child-rearing responsibility (i.e. shares caregiving with the Primary Caregiver).
12. University: Wichita State University [and Controlled Affiliated Corporations and Wichita State University Intercollegiate Athletic Association, Inc.].

Procedure

Employees must follow the procedures below to request and receive Paid Parental Leave:

1. Employees should review the additional information related to Paid Parental Leave made available by Human Resources on the WSU Human Resources page on Paid Paternal Leave.
2. Employees must make every effort to request the leave in writing at least thirty days prior to the Qualifying Event to their Leader and Human Resources, unless extenuating circumstances prevent such advance notice.
3. Human Resources shall review all requests and notify the Employee and Leader: (i) if the Employee is eligible for the Paid Parental Leave; (ii) the leave entitlement; and (iii) any leave restrictions or special circumstances that may be unique to the Employee's situation.
4. Employee shall take all Paid Parental Leave within the Benefit Period.

Applicable Laws And Additional Resources

1. KBOR Policy Ch.II, Section 10., Subsection C (Leave)
2. Kan. Exec. Order No. 21-24 (July 6, 2021)
3. WSU Policy 3.34 / Family Medical Leave Act