505 Parental Leave and FMLA

Parental leave shall be granted upon proper written application by employees for reasons related to childbirth, adoption, or foster care.  Such leave may be a combination of sick leave (taken for certified periods of disability or for medical visits), annual leave, unused holiday leave, or leave without pay in accordance with County policy. The maximum amount of leave allowed for employees shall be determined by the department head in accordance with County policy.

Parental leave shall be granted to a regular, probationary, or trainee employee.  Absences for maternity reasons shall be treated as any other medically certified temporary disability.  Sick leave shall be granted only to cover the period of medically certified temporary disability or for medical visits (See Sick Leave and FMLA, Section 504).  The limitation of employment prior to childbirth is prohibited.  Based on the type and nature of work performed, each department shall be responsible for determining, after consultation with the employee and with the advice of her doctor, how far into pregnancy she may work.  An employee who intends to return to work following the period of disability associated with childbirth may be granted additional leave.

An employee may be granted unused holiday leave (See Holidays, Section 502), annual leave (See Annual Leave, Section 503) or leave without pay (See Leave Without Pay, Section 508) for reasons related to care of a newborn or placement of a child for adoption or foster care.  The Family and Medical Leave Act of 1993 (FMLA) requires an employer to grant an employee up to twelve (12) weeks time off in a twelve-month period for reasons related to childbirth, adoption, or foster care.

NOTE: FMLA leave is available to employees who have worked for Wake County for a total of 12 months and who have worked at least 1,250 hours in the previous 12 months. 

All paid leave used for reasons related to FMLA will be applied against the total twelve (12) weeks mandated by law.  The maximum length of time off for parental leave is to be determined by the department head; however, in no case will leave without pay exceed six (6) months. In addition, in no case will FMLA leave (whether paid, unpaid, or a combination of both paid and unpaid) exceed 12 weeks in a "rolling" 12-month period measured backward from the date an employee uses FMLA.

When the employee returns to work, he must be reinstated by the department in the same position or to a position within the department at the same pay band, provided he meets the minimum education and experience requirements of the position.  If an employee is returning from leave without pay for reasons related to FMLA, he must return to a position that has substantially similar responsibilities and duties and entails substantially equivalent skill, effort, responsibility, authority, and working conditions.

Use of Accumulated Leave

Parental leave may be a combination of sick leave, unused holiday leave, annual leave or leave without pay.  County policy requires that, prior to taking leave without pay, all leave balances (sick leave to the extent allowed by policy) must be exhausted.  Sick leave can be taken only for periods of disability or medical visits.  The period of disability or medical visits must be certified in writing by the attending physician.

Employee's Responsibility

A written request for parental leave must be made to the employee's immediate supervisor.  The employee is obliged to return to work at the end of the designated period.  If the employee cannot return as originally planned, he must notify his supervisor immediately.  Failure to so notify the supervisor will be considered a resignation.

Maintaining Benefits During Parental Leave

During the period of parental leave without pay, the employee shall retain all accumulated sick leave, retirement status and time earned toward the next pay increment.  The employee will continue to earn sick and annual leave only during the period of paid leave.

The employee shall accumulate no further time toward the next pay increase while on leave without pay.

While on FMLA leave, the employee will be credited with time as if he were in pay status for purposes of continuing County paid medical benefits.  The employee may arrange to continue medical insurance coverage for periods not covered by the FMLA when he is in leave without pay status for more than half the normally scheduled working hours in the FLSA cycles in the pay period by arranging to pay the premiums during the remaining period of unpaid leave.

Revised 8/16/93