1.45 Paid Parental Leave Policy

In order to assist and support employees in balancing work and family obligations, the College will provide up to twelve (12) weeks for eligible full-time employees and a prorated six (6) weeks for eligible part-time employees of Paid Parental Leave (“PPL”) following a qualifying event, consistent with G.S. 126-8.6 and 1C SBCCC 200.100.

1. “Child” means a newborn biological child or a newly placed adopted, foster, or otherwise legally placed child under age eighteen (18) whose parent is an eligible employee.
2. “Parent” means (1) the mother or father of a child through birth or legal adoption, or (2) an individual who cares for a child through foster or other legal placement under the direction of a government authority.
3. “Public safety concern” means a significant impairment to the College’s ability to conduct its operations in a manner that protects the health and safety of North Carolinians.
4. “Qualifying event” means when an employee becomes a parent to a child.

An employee’s eligibility for Paid Parental Leave shall be determined as of the date of the qualifying event.

Employees who become parents via birth, adoption, foster, or another legal placement are eligible if they are in a permanent, time-limited, or probationary appointment and, at the time of the qualifying event, the employee has been employed by the State of North Carolina, without a break in service as defined by 25 NCAC 01D .0114, for 12 months and in a pay status for at least 1,040 hours in the previous 12-month period. Temporary employees are not eligible.

Periods of workers’ compensation or short-term disability during the preceding 12 months do not make an employee ineligible. Periods of leave without pay, as defined in 25 NCAC 01E .1100, do not constitute a break in service. It is the eligible employee’s responsibility to notify Human Resources of prior qualifying State service at the time of request.

Eligibility determinations are made as of the date that the child is born or placed via adoption, foster, or other legal placement. Other legal placement does not include parental custody cases or legal assignments as a Guardian ad Litem (GAL). Exhaustion of Family and Medical Leave does not affect eligibility for PPL.
 

1. Each eligible full-time parent may take, in the parent’s discretion, up to twelve (12) weeks of PPL following a qualifying event.
2. Each eligible part-time parent, regardless of whether the employee works half-time or more, may take a prorated amount of six (6) weeks of PPL following a qualifying event.
3. Each week of PPL will be compensated at 100% of the eligible employee’s regular, straight-time weekly pay, excluding shift differential, premium pay, and overtime.
4. Nothing in this Policy prohibits the College, if authorized, from providing PPL in an amount greater than required by State law or rule.
    

1. PPL may be used only once for a qualifying event within a twelve-month period. A multiple birth, adoption, or other legal placement does not increase the total PPL granted for that event.
2. PPL is not accrued and must be used within 12 months from the date of the qualifying event or the time is forfeited.
3. PPL cannot be donated to another employee.
4. PPL may be taken in one continuous period or intermittently. Intermittent use is subject to College approval as provided below. The College shall not deny, delay, or require intermittent use when an employee who gave birth requests PPL in one continuous period.
5. PPL may not be used prior to the qualifying event. If the employee requires leave before the birth or adoption due to medical reasons or to fulfill legal adoption obligations, other available leave balances shall be used in accordance with the College’s leave policies.
6. If both parents are eligible employees, each may receive PPL. Both parents may take their leave simultaneously or at different times, subject to the public-safety provisions below.
7. Runs concurrent with Family and Medical Leave. PPL shall not be counted against or deducted from sick, vacation, or other accrued leave. If an employee has previously exhausted Family and Medical Leave, the employee remains eligible for PPL.
8. PPL usage must be recorded in the same required increments as other time.
9. PPL shall not accrue; be donated as voluntary shared leave; be paid out upon separation; or be used to calculate retirement benefits.
    

1. Whenever possible, eligible employees must submit a written request at least ten (10) weeks in advance to their supervisor and Human Resources regarding their intention to use PPL. An employee may withdraw the request at any time. Absent unusual circumstances, employees must follow the College’s leave-request procedures.
2. Eligible employees may be required to submit proof of the qualifying event to Human Resources. Acceptable documentation may include FMLA documentation, birth certificate, court order, or placement agreement. Human Resources will limit requests to documentation reasonably necessary to confirm eligibility and the qualifying event.
3. For an employee who did not give birth, the College may delay PPL or approve intermittent PPL only when providing the leave would cause a public safety concern. A public safety concern may exist when:
   1. Providing PPL would reduce staffing below levels required by federal or State law to maintain operational safety; or
   2. Providing PPL may affect the health or safety of staff, patients, residents, offenders, or other individuals the College is required by law to protect; and
   3. The College has been unable to secure supplemental staffing after requesting or diligently exploring alternative staffing options.
4. If the College delays PPL or requires intermittent PPL because of a public safety concern, the College will provide PPL as soon as practical following the qualifying event.

1. Adoption and Foster Care
   1. When a child is given up for adoption or placed in foster care, the birth parent remains eligible for the PPL provided under Section IV.
   2. When an expected adoption or foster placement does not occur, no qualifying event occurs and PPL is not available. Other available leave may be used for bereavement in accordance with College policy.
2. Miscarriage, Stillbirth, and Death After Childbirth
   1. A fetal death during the first twelve (12) weeks of pregnancy is not a qualifying event for PPL.
   2. When a fetus dies during or after the thirteenth week of pregnancy but before childbirth, an eligible birth parent may receive the PPL provided under Section IV.
   3. When a child dies after childbirth, each eligible parent shall receive the full PPL provided under Section IV; the leave will not end at the time of the child’s death.
   4. In these situations, employees who need additional leave for bereavement or recovery may use other available leave in accordance with College policy.
       

This Policy implements G.S. 126-8.6 and a policy substantially equivalent to 1C SBCCC 200.100. If a controlling State law or State Board rule is amended, the controlling requirement will govern pending revision of this Policy.