POLICY 06:07:02

PARENTAL LEAVE

This policy is consistent with Tennessee Board of Regents Policy No. 5:01:01:08.

Purpose

It is the policy of the Tennessee Board of Regents and Pellissippi State Community College to
provide a period of up to four (4) months of leave to eligible employees for adoption, pregnancy,
childbirth and nursing the infant, where applicable, in accordance with T.C.A. § 4-21-408. With
regard to adoption, the four (4) month period shall begin at the time the employee receives
custody of the child.

Eligibility
1. Employees who have been employed by the State for at least twelve (12)
  consecutive months as full-time employees, as determined by Pellissippi State at
  the job site or location, are eligible for this leave.
2. Subsequent references within this policy to an employee shall assume eligibility
  of that individual.
Relevant Policies
1. Upon receipt of a written request for parental leave, the President or designee will
  process the request in accordance with the provisions of this policy and the
  employee’s eligibility for leave under TBR Policy 5.01.01.14 Family and Medical
  Leave and PSCC Policy 06:07:16 Family, Medical, and Servicemember Leave
  Reference may also need to be made to TBR Policies 5.01.01.07 Sick Leave,
  5.01.01.03 Leave of Absence and 5.01.01.01 Annual Leave; and PSCC Policies
  06:07:07 Sick Leave, 06:07:03 Leave of Absence, and 06:07:01 Annual Leave.
Notice; Employment Rights and Benefits; Reinstatement
1. Employees who give at least three (3) months advance notice to the College
  through Human Resources of their anticipated date of departure for such leave,
  their length of leave, and their intention to return to full-time employment after
  leave, shall be restored to their previous or similar positions with the same status,
  pay, length of service credit and seniority, wherever applicable, as of the date of
  their leave.
2. Employees who are prevented from giving three (3) months advance notice
  because of a medical emergency which necessitates that leave begins earlier than
  originally anticipated shall not forfeit their rights and benefits under this policy
  solely because of their failure to give three (3) months advance notice.
3. Employees who are prevented from giving three (3) months advance notice
  because the notice of adoption was received less than three (3) months in advance
  shall not forfeit their rights and benefits under this policy solely because of their
  failure to give three (3) months advance notice.
4. Leave will be granted as paid or unpaid pursuant to the policies of the Tennessee
  Board of Regents and Pellissippi State Community College.
  1. Such leave shall not affect the employees’ right to receive annual leave,
    sick leave, bonuses, advancement, seniority, length of service credit,
    benefits, plans or programs for which the employees were eligible at the
    date of their leave, and any other benefits or rights of their employment
    incident to the employees’ employment position.
  2. However, the College need not provide for the cost of any benefits, plans
    or programs during the period of leave unless such employer so provides
    for all employees on leaves of absence.
5. If an employee’s job position is so unique that the College cannot, after
  reasonable efforts, fill that position temporarily, then the College shall not be
  liable for failure to reinstate the employee at the end of the parental leave period.
6. The purpose of this policy is to provide leave time to employees for adoption,
  pregnancy, childbirth and nursing the infant, where applicable.
  1. Therefore, if the College finds that the employee has utilized the period of
    leave to actively pursue other employment opportunities or if the College
    finds that the employee has worked part time or full time for another
    employer during the period of leave, the College shall not be liable for
    failure to reinstate the employee at the end of such leave.
7. Whenever the College determines that the employee will not be reinstated at the
  end of such leave because the employee’s position cannot be filled temporarily or
  because the employee has used such leave to pursue employment opportunities or
  to work for another employer, the College shall so notify the employee.
Sick Leave
1. Use of accrued sick leave for adoption or childbirth is limited to sixty (60)
  working days following the birth of a child or placement for adoption unless
  medical complications arise that fit ordinary rules regarding the use of sick leave.
2. In the event both parents are state employees, the aggregate amount of sick leave
  that may be used for adoption is limited to sixty (60) working days total for both
  parents following the placement for adoption. In the event of childbirth, each
  parent may take up to sixty (60) working days when both parents are state
  employees.
3. In order to be eligible to use sick leave as parental leave, a statement from the
  attending physician indicating the expected date of delivery must accompany the
  request for leave.
  1. Additional information from the attending physician may be required if
    there are complications and the period of absence must begin sooner than
    agreed, extend further than agreed, or require the use of sick leave beyond
    the period beginning with the period of hospitalization and extending for
    sixty (60) work days following the birth of a child or placement for
    adoption.
4. After the sixty (60) working days following the birth of a child or placement for
  adoption or, if extended, after employee’s physician determines that the employee
  should be released, thus ending the period of sick leave, the employee may use
  accrued annual leave or leave without pay for the remainder of the four-month
  parental leave.
Annual Leave; Compensatory Time
1. Accrued annual leave and compensatory time may be used for the entire leave
  period.
Leave of Absence
1. When accrued annual and sick leave balances are depleted prior to the end of the
  four (4) month parental leave period, the employee will be placed in a leave of
  absence status. Refer to TBR Policy 5.01.01.03 Leave of Absence and PSCC
  Policy 06:07:03 regarding continuation of insurance coverage for employees on
  unpaid leave of absence.
Family and Medical Leave
1. To be eligible for Family and Medical Leave (FML) which provides for up to
  twelve (12) work weeks of leave, an employee must have:
  1. Worked for the State and/or the College at least 12 months; and,
  2. Worked a minimum of 1250 hours during the year preceding the start of
    the leave.
2. Employees who are eligible for FML will have parental leave processed in
  conjunction with the provisions of TBR Policy 5.01.01.14 Family and Medical
  Leave and PSCC Policy 06:17:16 Family, Medical, and Servicemember Leave
  regarding election of paid/unpaid leave, continuation of insurance coverage, etc.
  Parental leave and FML periods shall run concurrently.
3. At the end of the FML period, an employee is also entitled to receive the
  difference between the four months granted under this policy and the 12
  workweeks granted under FML. Accrued annual leave or leave of absence may be
  used for the remainder of the parental leave period.
4. During work weeks that an employee takes leave designated as FML, the College
  is responsible for paying the employer’s portion of the employee’s insurance
  premium, whether the leave is paid or unpaid.
5. Employees who choose to take any unpaid leave over the amount to which they
  are entitled under FML should be made aware that they will be responsible for
  paying the employer’s portion of the insurance premium for the remainder of the
  leave period if they wish to ensure continued coverage.
6. The above TBR Policy 5.01.01.08 Paternal Leave supersedes TBR Policy
  5.01.01.02 Adoptive Parents Leave, TBR Policy 5.01.01.08 Maternity Leave, and
  TBR Policy 5.01.01.16 Paternity Leave.

Sources: TBR Policy 05:01:01:08; T.C.A. § 49-8-203; T.C.A. § 4-21-408

Adopted by TBR December 2, 2005
Revised by TBR June 24, 2010
Revised by TBR September 19 & 20, 2019
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023