Parental Leave - Faculty

The purpose of parental leave is to provide employees with time and support to bond with and care for a child newly joining their family.

Parental leave is available to all benefit-eligible faculty with voting rights who become a parent through birth (including through surrogacy) or placement of a child through adoption or foster care. One full semester/term of paid leave will be provided to an eligible faculty member in the semester/term during, or immediately following, the child’s arrival.

Faculty should request parental leave in writing to their dean as early as possible and no later than 90 days in advance of the requested leave. Faculty are expected to coordinate with their dean to confirm the fall or winter semester/term in which the leave will be taken. The Parental Leave Form must also be completed at the same time-this form notifies Human Resources, who will contact the employee regarding time off and benefits. If eligible for leave under the Family and Medical Leave Act (FMLA), faculty also need to submit an FMLA Request form shortly prior to the commencement of their leave. HR will notify the faculty member if they are eligible for FMLA.

Additional Information

• Complications: Medical Complications for an employee giving birth may alter the timeline of the leave. Please contact HR to discuss additional leave options and work flexibility arrangements.
• Adoption: In the case of adoption, leave may begin earlier than the date of placement (e.g., travel to another country to complete the adoption). This benefit does not apply in cases involving the adoption of a spouse’s or domestic partner’s existing child.
• Foster Care Placement: Foster parents are eligible for up to one semester/term benefit per rolling 12 months. Official foster documentation will be used to establish the start date of leave. If the foster care placement ends prior to the end of the semester/term, the employee is required to immediately notify HR, and the leave concludes.
• FMLA: Paid parental leave runs concurrently with FMLA, when applicable. If both parents are employed by the university, each eligible employee may receive up to 12 weeks of concurrent FMLA leave, subject to their individual eligibility and any leave used within the prior 12 months.
• Multiple Children: The period of paid leave is not extended for multiple births or in case of adopting/fostering more than one child at the same time.
• Tenure Track Extension: An untenured faculty member who becomes a parent during the tenure probationary period may request a one-year extension of the probationary period. The faculty member shall notify their dean as soon as the need for an extension becomes apparent, but in no event later than June 30 of the year prior to the academic year in which the tenure review would otherwise occur. A single one-year extension may be granted regardless of the number of qualifying circumstances.
• Benefits: Benefits and payroll deductions/withholdings will continue during the parental leave period as if the employee continued to work.
• Two-Employee Parents: If both parents of a new child are employed by W&L and are eligible for parental leave, each parent will receive their own parental leave; the leave time does not need to be shared.
• Surrogacy: If an employee is a gestational surrogate, time off at delivery falls under the Short-Term Disability policy.
• Outside Employment: Faculty are prohibited from working at outside employment while on paid Parental Leave and/or Family Medical Leave without approval from Human Resources.
• Return to Work: Employees must notify Human Resources as soon as reasonably possible if their plans for returning from parental leave change.

Please contact Human Resources with any questions.

Pregnant Workers Fairness Act (PWFA)

Virginia Human Rights Act - Reasonable Accommodations for Pregnancy

The University provides reasonable accommodations for a qualified employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, including lactation, unless the accommodation imposes an undue hardship. Reasonable accommodations include but are not limited to:

• more frequent or longer bathroom breaks
• breaks for the expression of breast milk in a private location
• acquisition or modification of equipment
• a temporary transfer to a less strenuous or hazardous position
• assistance with manual labor
• job restructuring
• a modified work schedule
• light duty assignments
• leave to recover from childbirth

Employees are encouraged to contact HR to discuss their needs and explore appropriate solutions.

Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)

Under the Fair Labor Standards Act (FLSA), as extended by the PUMP Act, the University provides reasonable break time and a private space (other than a bathroom) for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee has need to express milk.

Extra Dental Coverage for Expecting Mothers

For those who have enrolled in W&L’s dental coverage, United Concordia offers additional dental benefits at no extra cost for those who are pregnant. This added coverage helps prevent and manage periodontal (gum) disease during pregnancy. Learn more by visiting the United Concordia Dental Pregnancy Benefit.

Lactation Stations and Support

Please see the Nursing Parents webpage for information on pumping/nursing at work.

Childcare Resources

A listing of resources is available on our Dependent Care webpage.

Retirement Plan Distribution

Per the University’s 403(b) Defined Contribution Retirement Plan, you may be eligible to withdraw funds from your retirement via a Qualified Birth or Adoption Distribution (QBAD). You may request up to $5,000 per child as a QBAD, provided certain conditions are met. A QBAD must be made during the one-year period beginning on the date your child is born or the date you adopt someone who is not your child or your spouse’s child and who is under age 18 or is physically or mentally incapable of caring for themselves. You may request a QBAD only from the vested portion of the following accounts: elective deferrals, matching contributions, non-elective contributions, mandatory employee contributions, and custodial account. Participants should contact their retirement provider (TIAA or Fidelity) for rules on repayments – which are permissible under certain conditions.