Parental Leave FAQs

What is the intent of parental leave?

Parental leave is to give the employee time to bond with a child following the birth of a child or placement of a child under the age of 18 with the employee for adoption or foster care. Parental leave also allows adoptive and foster parents to attend post-placement court proceedings and mandatory meetings related to the placement.

When can parental leave be used?

Parental leave can be used as of January 1, 2024, when an employee meets the eligibility requirements for parental leave and experiences a qualifying event.

Can an employee be granted parental leave if the employee's due date, the birth of a child or placement of a child with the employee for adoption or foster care is close to January 1, 2024, the effective date of parental leave?

No. All qualifying events must take place on January 1, 2024 or later.

What is a qualifying event for parental leave purposes?

A qualifying event includes the birth of a child or the placement of a child under the age of 18 with the employee for adoption or foster care.

Who is eligible to use parental leave?

Legal parents, adoptive parents and foster parents who have an active and on-going role in parenting the child for whom parental leave is to be taken are eligible for parental leave when they occupy a leave-earning position on the date of the qualifying event, have worked for the state for 12 months and have physically worked (as opposed to being on leave) at least 1250 hours in the 12-month period immediately preceding the date parental leave begins.

How is "parent" defined?

A parent is defined as the legal, adoptive or foster parent of the child for whom parental leave is to be taken. A legal parent is a person who is related to a child genetically or through legal presumption or assisted reproductive technology. An adoptive parent is a parent with whom a child is placed for purposes of adoption although the adoption process may be on-going. A foster parent is a parent with whom a child is placed by the state for temporary or long-term care.

If both parents (e.g., mother and father) work for the State, is each parent entitled up to 240 hours of parental leave?

Yes, each eligible parent is entitled take parental leave of up to 240 hours (or the appropriate number of hours for part-time employees).

Can a grandparent or family member qualify for parental leave?

A grandparent or family member can only qualify for parental leave if the grandparent/family member is the newly adopted or foster parent of the child for whom parental leave is to be taken and the relationship between the grandparent/family member and child is new; that is, they did not share a previous relationship resembling parent-child.

What are the eligibility requirements for parental leave?

• To be eligible for parental leave, on the date leave is to begin the employee must: Be employed in a leave earning position. A leave earning position is any appointment other than a classified WAE.
• Have been employed by the state for at least 12 months. The 12 months does not need to be continuous. The look-back period for determining if an employee has been employed for a cumulative total of 12 months is seven years, which is the same look-back period used when determining FMLA eligibility.
• Have physically worked (as opposed to being in a leave status) for at least 1250 hours in the 12 months immediately preceding the commencement of parental leave.

When does eligibility to use parental leave begin when adopting or fostering a child?

Eligibility begins at the time the child is placed with the employee for adoption or foster care.

Does time worked as a state employee in a different agency, in an unclassified position and/or in a non-leave earning position count toward eligibility for parental leave?

Yes, since the state is considered one employer, employment as a state employee at any state agency in any capacity or status counts toward eligibility requirements.

If an employee changes state jobs while utilizing parental leave, does the receiving agency have to allow the employee to use the balance of their parental leave? What if the new position is part-time or non-leave earning?

For parental leave under Rule 11.36 to follow an employee between agencies/positions:

• The employee must remain in a classified position (the rule only applies to the classified service; if the employee is going to an unclassified position, the executive order will apply)
• The employee must remain in a leave-earning position (you cannot be paid leave in a non-leave earning position)
• If the employee moves from a full-time to a part-time position, they shall only be compensated for parental leave in the number of hours scheduled for the new position. The 12-week (84 day) limitation remains in place.

If an employee isn't eligible for parental leave on the date of the qualifying event but becomes eligible shortly thereafter (makes a year of service, meets the 1250-hour requirement), can parental leave start after the qualifying event if it's within the 12-week window for using parental leave?

No. The employee must be eligible for parental leave on the date of the qualifying event.

How much parental leave may be granted?

A full-time eligible employee may be granted up to six weeks (240 hours) of parental leave during the twelve-week (84 day) period following a qualifying event. The number of hours an eligible part-time employee may be granted will vary depending on their work schedule.

In the case of multiple births or the placement of multiple children for adoption or foster care, will up to 240 hours of parental leave (or the appropriate allotment for part-time employees) be granted for each child born or placed?

No, birth to multiples or placement for foster care or adoption of more than one child will be considered one qualifying event and limited to up to 240 hours (or the appropriate allotment for part-time employees).

If an employee has two children in a 12-month time frame (11 months apart), would the employee qualify for parental leave for both events in the same year?

No, at least 12 months must elapse from the beginning of one parental leave period until an employee is eligible for another parental leave period.

If an employee gives birth at 4:00 p.m. on a workday and the employee's regular work schedule is 8:00 a.m. to 4:30 p.m., when does parental leave begin?

Parental leave shall be granted for the entirety of the workday, as the rule states that parental leave is available commencing on the first date of a qualifying event.

If an employee is in labor for 72 hours preceding the birth of her child, does parental leave begin only after the baby is born since it is intended for bonding?

Prior to the birth of the baby, the employee should be utilizing accrued sick or annual leave. Parental leave will begin on the date the baby is born.

Can an appointing authority reduce the number of parental leave hours an eligible employee may be granted since the rule states "up to" 240 hours?

No. So long as an employee is using parental leave for a qualifying purpose, the employee is entitled to use the full allotment of available leave.

How do you determine the number of parental leave hours available to a part-time employee?

The agency must determine the average number of hours the employee has worked per week for the last 6 months. For example, if an employee worked 623.52 hours over the prior six months.

• There are 4.33 weeks in a month or approximately 25.98 weeks in a 6-month period
• Divide the total number of hours worked during the 6-month period by 25.98
• 623.52/25.98 = 24 hours per week

The number of paid parental leave hours this employee is eligible to receive is 24 hours per week for up to six weeks.

What is the period in which parental leave is available for use?

Parental leave may be used in the 12 weeks (84 calendar days) immediately following a qualifying event.

Does parental leave have to be used immediately following a qualifying event?

No. The parental leave period ends 12 weeks (84 calendar days) following the qualifying event. Any of the 240 hours (or pro-rated number of hours for a part-time employee) not used within the 84-day timeframe shall be canceled.

Must the leave be taken all at one time?

No, qualifying employees have a 12-week period to utilize up to 240 hours of paid parental leave. (The number of hours for a part-time employee will vary depending on their work schedule).

Does parental leave have to be used consecutively or can it be used intermittently?

Parental leave can be used consecutively or intermittently in accordance with the need of the employee.

Can parental leave be granted retroactively if an employee was not aware of their parental leave entitlement and used annual leave instead, for instance in the case of a child being placed with them for foster care?

If otherwise eligible and the employee produces sufficient documentation to establish parental leave eligibility within twelve weeks from the date of the qualifying event, the agency shall restore the employee's annual leave and code the leave as parental leave.

Can unused parental leave be carried over to be used during a future qualifying event?

No. Once 12 weeks from the qualifying event expires, all unused parental leave hours shall be canceled.

Can parental leave be donated to a crisis leave pool?

No.

Can employees use any other leave type prior to using parental leave?

Yes. In fact, an employee who delivers a baby should elect to use sick leave for the first six weeks following delivery and thereafter use six weeks of parental leave since she cannot be granted sick leave after she is released from medical care (because she is not sick). She would need to begin using parental leave at week six post-delivery to use the full six weeks of parental leave within the allotted twelve weeks.

To further elaborate, if an employee who delivers a baby uses six weeks of parental leave immediately following the birth and then uses accrued leave, the accrued leave would in most cases have to be annual leave because once released by her doctor, the employee is not eligible to utilize sick leave.

Does taking parental leave preclude the use of other forms of paid leave (annual, sick) for the same event?

An employee may use other paid leave in conjunction with parental leave for the same occurrence but shall not be paid parental leave and annual/sick/compensatory leave for the same hours. For example, an employee may use six weeks of parental leave and then request and may be approved to use an additional four weeks of annual leave to continue bonding with the newborn. Employees should follow the agency's customary leave practices.

Can a part-time employee use other paid leave in conjunction with paid parental leave to be paid full-time during the parental leave period?

No. An employee cannot combine paid leave (annual, sick, compensatory) with paid parental leave to be paid full-time for a part-time position.

Do employees continue to earn annual and sick leave while on parental leave?

Yes.

If the employee has accrued, paid leave available, are they entitled to parental leave?

Yes, if the employee meets all requirements of Rule 11.36.

If the employee doesn't have accrued, paid leave available, are they entitled to parental leave?

Yes, if the employee meets all requirements of Rule 11.36.

Can an employee who is not eligible for coverage under FMLA be eligible for parental leave?

It depends. If an employee is not eligible for FMLA coverage because they haven't worked for the state for 12 months and/or haven't actually worked 1250 hours preceding the date parental leave will begin, the employee is eligible for neither FMLA nor parental leave. If the employee is not eligible for FMLA leave because the FMLA entitlement has been exhausted but the employee meets all requirements of Rule 11.36, they are eligible for parental leave.

If an employee is eligible for FMLA, should it be used concurrently with parental leave?

When an employee is eligible for both FMLA leave and parental leave, both leave types shall be used concurrently.

Will premium pay, shift differential or other special pay mechanisms in addition to my base pay be included in paid parental leave?

No, the employee is only entitled to compensation at the rate of 100% of their base pay while on parental leave.

If a holiday falls within the employee's continuous or intermittent parental leave, is the employee entitled to holiday pay?

Yes, eligible employees are entitled to holiday pay while on parental leave if they meet the requirement in SCS Rule 6.12.1.

What documentation is required to be provided to the Appointing Authority or Human Resources office to establish eligibility for parental leave?

The only documentation which shall be required is that which is sufficient to establish a parent-child relationship or the occurrence of a court proceeding or mandatory meeting related to placement for adoption or foster care. Presentation of a single document establishing eligibility shall be sufficient and duplicative documents shall not be required absent a reason to question the authenticity of the documentation provided. Other than the SCS Parental Leave Certification Form, documentation which is likely to establish parental leave eligibility includes but is not limited to birth certificate or insurance certificate confirming employee's relationship to the child for whom parental leave is requested, court docket or notice showing scheduling of court proceedings and letter or schedule showing mandatory meeting related to adoption or foster placement. Employees should be aware of any agency policy which addresses procedures for establishing eligibility for parental leave.

How and when should parental leave be requested?

Parental leave shall be requested by completing the required SCS Parental Leave Certification Form and any other agency-specific documents as soon as the employee is aware of the qualifying event.

Is the SCS Parental Leave Certification Form required?

Yes, this form shall be used by all employees requesting parental leave.

Can the SCS Parental Leave Certification Form be altered to add agency specific items?

No; however, agency specific forms may supplement the Civil Service form.

Is an agency required to establish a parental leave policy and/or procedures?

No, having a parental leave policy and/or procedures to implement Rule 11.36 is optional.

If the agency establishes a parental leave policy and/or procedures, do they have to be approved by State Civil Service?

No, approval is not required by Civil Service. Agency policies and procedures are allowed for the purpose of implementing Rule 11.36 and must be consistent with both the letter and spirit of the rule.

Is there a limit to the number of times an eligible employee can utilize parental leave?

No. An eligible employee may use parental leave in accordance with Rule 11.36 without limitation on the number of events.

How should parental leave be coded?

Details on coding Parental Leave can be found in General Circular 2023-071.

Effective January 1, 2024, three (3) new special leave codes are available for use in LaGov HCM for employees who are granted the use of parental leave under the provisions of Civil Service Rule 11.36.

A 240-hour parental leave quota bucket must be established prior to coding any parental leave. After the 240-hour parental leave quota bucket is established on the employee’s record, only one of three (3) special leave codes shall be used which correspond to the qualifying events listed in SCS Rule 11.36(b):

1. Birth of a Child – Use special leave code "LSPB"
2. Placement of a child under the age of 18 with the employee for adoption – Use special leave code "LSPA"
3. Placement of a child under the age of 18 with the employee for foster care – Use special leave code "LSPF"

These codes will both compensate the employee and reduce the available balance of the 240- hour parental leave quota bucket. Depending on the circumstances of the qualifying event, an employee may not use the entire 240-hour parental leave quota amount.

Technical instructions are available in an Office of Technology Services (OTS) Listserv for specific LaGov HCM entry guidance. For assistance with entry, agency human resources staff can contact the OTS Helpdesk by submission of a Help Desk Ticket.

Can an employee be disciplined for using parental leave?

No. Use of parental leave in compliance with Rule 11.36 cannot have any adverse impact on the employment relationship.

Can an agency deny parental leave to an employee who does not comply with an agency's parental leave policy?

No. An employee who has established eligibility for parental leave cannot be denied the leave. If warranted, an agency may address the employee's failure to comply with agency policy in accordance with Chapter 12 of the Civil Service rules.

Can an employee be separated from probation after requesting or while using parental leave?

Yes, provided that the separation is not related to the employee's use of parental leave.

Can an employee appeal denial of parental leave?

Yes, if there is a violation of Article X or the Civil Service rules or the employee alleges that the denial was due to discrimination based on political or religious beliefs, race or sex.

Can an employee be disciplined while on parental leave?

Yes, however, an employee is entitled to due process (notice of proposed discipline and a meaningful opportunity to respond) prior to discipline being meted. If an employee’s absence from duty on parental leave would prevent them from receiving due process, the discipline will have to wait until the employee returns to duty. An agency should consult with its legal counsel to determine how and when to proceed.