5.5 Parental Leave

Under certain circumstances, a merit system employee (see section 2.1) is eligible to use one Parental Leave sequence in a rolling twelve (12)-month period, looking backward from the date designated Parental Leave is used.

A merit system employee who has been approved for FMLA-protected  leave due to the birth or placement for adoption of her/his own child may use Parental leave for the the first six (6) workweeks of the FMLA Leave.

A merit system employee who is ineligible for FMLA-protected leave because of part-time status (see section 2.3.3) may use up to six (6) workweeks of Parental Leave due to the birth or placement for adoption of her/his own child provided s/he meets all of the following:

1. Has been employed with NKY Health for at least twelve (12) months in her/his lifetime

2. Has worked at NKY Health for an amount pro-rated to 1250 hours based on scheduled hours (i.e. 704 hours for 22.5 hours/week) during the previous twelve (12) months

3. Provides appropriate proof of birth or adoption (see section 5.5.2) to Human Resources

Parental Leave does not apply to the following:

1. An employee who serves as a surrogate mother or as a sperm donor

2. The adoption of a spouse’s child(ren)

3. The placement of foster child(ren)

4. Pre-natal absences

5. Miscarriages

6. Any other situations not listed as eligible

The proof required for Parental Leave is the same as the proof required under the Family and Medical Leave Act for the birth or adoption (see section 5.12.5.2) of the employee's own child.

When the employee has already submitted the proof as part of FMLA-certification s/he need not submit the same proof a second time.

Requests for use of Parental Leave must be emailed to the head of Human Resources, who  will notify the employee and supervisor of the status of requests.

The following guidelines apply to the use of Parental Leave:

1. It runs concurrent with the FMLA-protected leave

2. It must be used at the beginning of the approved FMLA leave sequence

3. It must be exhausted within one (1) year of the birth of the baby or placement for adoption of the child  

4. Any Parental Leave remaining at the end of the one (1) year period is forfeited

5. It must be used continuously and contiguously

6. Any Parental Leave remaining upon return to work is forfeited

7. It may not be donated

8. It may not be used prior to the birth or adoption

9. Multiple births or adoptions that occur at the same time (for example, the birth of twins or concurrent adoption of two children) does not increase the length of Parental Leave provided

10. An employee who becomes newly eligible for Parental Leave while already in an approved leave sequence may use Parental Leave for the remainder of the sequence

The following are the rules for calculating Parental Leave:

1. The number of hours that may be used for Parental Leave is based on the number of hours the employee is normally scheduled to work on the last day before the sequence begins.  Full-time employees receive 40 hours for each week; part-time employees receive a pro-rated amount.

2. Time when NKY is closed but would otherwise be normal workdays do not automatically count towards the Parental Leave entitlement; however,  the employee may choose to substitute any Parental Leave for unpaid leave.

All insurance premiums will be paid and benefit withholdings processed for an employee on Parental Leave the same as for an active employee enrolled in the same benefits.

The following are the rules for returning to work after Parental Leave:

1. An employee must communicate in writing her/his intent to return to work while on Parental Leave and must provide three (3) workdays written notice before returning from an absence that lasts longer than two (2) weeks.

2. Restoration upon return from non-FMLA-protected Parental Leave follows the same rules as restoration upon return from FMLA leave.  (see section 5.12.11.1).

3. An employee who fails to return to work for at least thirty (30) calendar days after Parental Leave or the end of FMLA-protected leave, whichever is later, due to reasons other than a serious health condition or circumstances beyond her/his control, must repay NKY Health for both the amount of the Parental Leave paid and both the employer and employee portion of benefits-related premiums (see section 5.5.5) paid during the leave. 

4. NKY makes the determination regarding a serious health condition or circumstances beyond an employee's control based on written documentation the employee submits.

5. By using Parental Leave, the employee consents that NKY Health may deduct the monies from the employee’s final pay and/or take legal action against the employee to recover such monies.