Both FMLA and Parental Leave are UNPAID and require a 2nd leave entry in Workday to remain in a paid status such as sick leave, vacation or sick leave pool.
Parental leave can only be used when the employee doesn't meet the 2 requirements for Family and Medical Leave Act (FMLA).
FMLA requirements: the employee must have worked at least 1250 hours in the previous 12 months and must have been an employee for at least 12 months.
Comparison of FMLA Leave and Parental Leave
| |
FMLA Leave |
Parental Leave |
| Required by |
Federal law |
State law |
| May be used for |
- Birth, adoption or foster care placement of a child;
- care of a spouse, child or parent with a serious health condition;
- or the employee's own serious health condition;
- a need for Military Family leave for specified reasons related to family member's deployment or to care for a covered service member with a serious injury or illness.
|
Only for birth, adoption or foster care placement of a child. |
| Age limits on adoption or foster care placement |
No age limit. (Note: sick leave can only be used as part of FMLA leave if the child is younger than three years.) |
Child must be younger than three years. |
| Eligibility requirements |
Employee (staff and faculty) must have 12 months of prior state service AND must have worked at least 1,250 hours in the 12 months preceding the leave. |
If an employee is not eligible for FMLA, Parental leave is another option for job protection. |
| How much and how often may be taken |
Up to 12 weeks per fiscal year (September 1 to August 31). May be taken all at once for a continuous condition or in shorter increments for intermittent leave based on documented condition.
*If both parents work for the same Texas A&M agency (both at TAMU or both at HSC or Galveston) and have a newborn the couple will split the 12 weeks of FMLA.
|
Up to 12 weeks from date of birth, adoption or foster care placement. |
| When it may be taken |
May be taken anytime within 12 months following birth or adoption/foster care placement. |
Must be taken and completed within the 12 weeks from date of birth or adoption/foster care placement. |
| Paid leave |
FMLA runs concurrently with any applicable paid leave. However, duration of sick leave requires a documented medical condition and depends on the amount of time off the doctor allows for recovery from childbirth.
Example 1: doctor may allow the mother 8 weeks to recover from childbirth which is the length the mother will be allowed to use sick leave, vacation or sick leave pool. FMLA is unpaid and if the employee takes the full 12 weeks the last 4 weeks are UNPAID time off since the extra time off is not required by the doctor for recovery.
Example 2: Fathers (non-birthing parent) are allowed 5 days sick leave after the birth of a newborn. Fathers should then change over to vacation or unpaid time off.
If the baby or spouse has complications at birth updated medical documentation must be provided that indicates extenuating circumstances with birth.
|
Same as FMLA |
| Use of compensatory time |
Employee is not required to use FLSA or state compensatory time before taking unpaid leave. |
Employee must use any available FLSA and state compensatory time before taking unpaid leave. |
| Intermittent leave |
Based on medical documentation.
Exception for birth of a child: if a new mother is released to work intermittently then sick leave pool hours will no longer apply.
|
Same as FMLA. |
| Job protection |
Employee's job is protected while on leave (assuming job would have been available otherwise). |
Same as FMLA. |
If you have any questions or need further assistance, please Ask a Question about FMLA/Parental Leave.