Faculty Policies and Procedures Handbook

XII. Maternity, Adoption/Surrogacy, and Parental Leave for Eligible Employees

The University of Tampa is committed to supporting faculty and staff by providing them with clear and reasonable options for balancing their professional and parental responsibilities. A primary goal of these leave policies is to allow faculty, staff, and the University the opportunity to maintain the integrity of the learning experience for students and avoid placing undue burden on the individual or department.

This policy addresses paid Maternity, Adoption/Surrogacy, and Parental leaves for eligible employees. These leaves under this policy are supplemental to, and run concurrently with the University’s Family Medical Leave Act (FMLA) policy. For the purposes of this policy, the leave year will be determined by a “rolling” 12-month period measured backward from the date the employee first takes time off for an FMLA qualified leave. Salary continuance under this policy is only available during the time when the employee is normally scheduled to work. Paid leave is not intended to extend or provide paid leave benefits during periods outside of the contract year or when one would otherwise not be working (regular leave, e.g. summer). Holidays that fall within the paid leave period will be paid as part of the paid leave benefit. The occurrence of a paid holiday does not extend the benefit period an additional day. Eligible employees will receive a maximum of six weeks of paid leave per birth or adoption. The fact that a multiple birth, adoption or placement occurs (e.g. the birth of twins or adoption of siblings) does not increase the six-week total amount of paid leave granted for that event. In addition, in no case will an employee receive more than six (6) weeks of paid leave in a rolling 12-month period, regardless of whether more than one birth or adoption occurred within that 12-month time frame. (Approved January, 2019)

A. Eligibility

“Eligible employees” are considered eligible if they are full-time have been employed by the University for at least one (1) year and at least 1250 hours over the prior 12 months.

B. Benefit Continuation

During Maternity, Adoption/Surrogacy, and Parental Leave, benefits continue as though the employee is actively working.

C. Leave Request Procedure

Employees taking leave under this policy must submit a written request at least ninety (90) days before the anticipated commencement of the leave. Faculty members should submit their request to their Dean, Provost, and to Human Resources. Staff members should submit their request to their immediate supervisor and to Human Resources. In the case of an emergency or when 90-days notice cannot otherwise be provided, the employee or a member of the employees’ immediate family must notify the Dean and Provost, if faculty, or their immediate supervisor, if staff, and Human Resources. In the event notice is provided verbally, a written leave request should follow the verbal request by no more than five (5) days.

D. Leaves Defined:

Maternity Leave
An eligible faculty member who gives birth to a child may take up to six (6) consecutive weeks of paid leave immediately following the birth of a child. Because full-time 9-month faculty members’ benefits do not include sick or vacation leave, the University will provide short-term disability or continuation pay to cover paid leave. Under this Policy and the University’s FMLA policy, the eligible faculty member is relieved of all teaching, service, and scholarly work obligations during the approved Maternity Leave. If the period of six weeks after the birth of a child ends two weeks (i.e. 10 working days) into the start of the semester, the faculty member will normally resume teaching responsibilities for the remainder of the semester. If the six weeks period extends beyond two weeks (i.e. 10 working days) at the beginning of the semester, or commences at any time during the semester, the remaining weeks of the affected semester will be devoted to non-teaching responsibilities by asking the faculty member to be available for non-teaching duties. In such cases, the Dean, in consultation with the Provost, will make such arrangements as are necessary and appropriate with regard to covering the teaching and other responsibilities.

An eligible staff member or 12-month faculty member who gives birth to a child may take up to six (6) consecutive weeks of paid leave immediately following the birth of a child. Sick leave will be used to cover the 10-day elimination period for the six (6) week short-term disability period. The elimination period is the period of time between the onset of a disability and the time one is eligible for the short-term disability benefit. In addition, eligible staff members and 12-month faculty may take any accrued, but unused vacation time, up to a maximum of twelve (12) consecutive weeks, within the leave year. During an approved Maternity Leave, the eligible staff and 12-month faculty member is relieved of all work obligations.

The Maternity Leave will run concurrently with a medical leave associated with the birth. The birth of more than one (1) child from the same pregnancy constitutes one (1) birth for the purposes of this policy.

Adoption/Surrogacy Leave

An eligible faculty member may take up to six (6) consecutive weeks of paid leave immediately following the adoption of a child who is less than 18 years of age. An eligible faculty member who is having a child via gestational carrier (surrogate) may commence paid leave on the date the gestational carrier (surrogate) commences labor. Because full-time 9-month faculty members’ benefits do not include sick or vacation leave, The University of Tampa will provide continuation pay to cover paid leave. During an approved Adoption/Surrogacy Leave, the eligible faculty member is relieved of all teaching, service, and scholarly work obligations. If the six weeks period extends beyond two weeks (i.e. 10 working days) into the beginning of the semester, or commences at any time during the semester, the remaining weeks of the affected semester will be devoted to non-teaching responsibilities by asking the faculty member to be available for non-teaching duties. In such cases, the Dean, in consultation with the Provost, will make such arrangements as are necessary and appropriate with regard to covering the teaching and other responsibilities.

An eligible staff or 12-month faculty member may take up to six (6) consecutive weeks of paid leave for adoption of a child who is less than 18 years of age. An eligible staff or 12-month faculty member who is having a child via gestational carrier (surrogate) may commence paid leave on the date the gestational carrier (surrogate) commences labor. Vacation and personal leave may be used to cover the 10-day elimination period for continuation pay. In addition, eligible staff members and 12-month faculty may take any accrued, but unused vacation time, up to a maximum of twelve (12) consecutive weeks, within the leave year.

The adoption/surrogacy of more than one (1) child within the same leave year constitutes one (1) adoption for the purposes of this policy. An eligible faculty member or eligible staff member may take only one (1) Adoption/Surrogacy Leave per leave year.

Where the other adoptive or surrogate parent is a University employee who is also either an eligible faculty member or an eligible staff member for a paid Adoption/Surrogacy Leave, only one (1) parent may take a paid
Adoption/Surrogacy Leave; the other may take a Parental Leave.

Parental Leave
In the event of the birth of a child, or the adoption/surrogacy, or foster care placement of a child under the age of 18, an eligible employee who is not eligible for either Maternity Leave or Adoption/Surrogacy Leave is entitled to five (5) consecutive days of paid Parental Leave immediately following the birth, adoption, or foster care placement of a child. The birth, adoption/surrogacy, or foster care placement of more than one (1) child within the same leave year constitutes one (1) Parental Leave for the purposes of this policy.

E. Notice Requirements

In all cases covered by paid leave, appropriate documentation is required prior to commencing leave. Eligible staff and faculty must request paid leave in writing to their department head 90-days in advance of the requested leave start day (or as early as possible in the planning phase of an adoption process). The appropriate senior manager must initially review the request(s) for paid leave, and submit to Human Resources, to ascertain if s/he qualifies. The staff or faculty member must apply for FMLA leave/short-term disability/salary continuation pay through Human Resources. The Office of Human Resources will then provide written notification to the senior manager.

Staff and faculty wishing to have an extended period of Parental Leave may use vacation or take a leave of absence without pay, not to exceed 12-weeks.

F. Coordination with other Leave Policies

If a staff or faculty member has a qualifying condition after having exhausted her short-term disability pay benefit, the staff or faculty member may be eligible for long-term disability benefits and should contact the HR Benefits Office for guidance.

Paid Maternity, Adoption/Surrogacy, and Parental Leave will be coordinated in conjunction with the University’s Family and Medical Leave (FMLA) policy and Salary Continuation policy. Parental Leave shall count toward the twelve (12) weeks of leave guaranteed under FMLA. Specifically, FMLA leave and paid leave taken under this policy will run concurrently, not cumulatively. Cases involving postpartum disability will be tracked concurrently as short-term disability leave and may qualify for extended disability leave benefits.

Nothing in this policy precludes the eligible staff or faculty member from taking any remaining unpaid FMLA leave following the expiration of the University’s paid Maternity, Adoption/Surrogacy, or Parental Leave, in accordance with the University’s FMLA policy. Staff and faculty wishing to have an extended period of Maternity, Adoption/Surrogacy, or Parental Leave may use vacation or take a leave of absence without pay, not to exceed 12-weeks, unless otherwise approved by the University.

G. Compliance with Federal Laws

Federal law requires that childbirth be treated in the same manner as the University’s disability or medical leave provisions.

H. Termination of Leave

A staff or faculty member may be subject to reprimand, including immediate termination, and may be subject to repayment of any paid leave paid by the University under this policy, if the staff or faculty member claims or receives unemployment compensation or accepts other employment during the approved paid leave period under this policy.

A staff or faculty member who resigns employment before or at the expiration of the parental leave shall be required to reimburse the University for the cost of wages paid during the leave.

I. No Carry Forward or Terminal Leave

Maternity, Adoption/Surrogacy, or Parental Leave shall not accumulate or be carried forward from year to year and shall not be allowable as terminal leave when the staff or faculty member leaves the University.