Parental Leave - Staff

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 staff who become parents through birth (including through surrogacy) or through the adoption or foster placement of a new child. Eligible employees are entitled to twelve (12) consecutive weeks of paid leave, to be taken immediately upon the arrival of the child.

Employees must complete the Parental Leave form no later than 90-days in advance of the requested leave. Human Resources will then contact the employee regarding time off and benefits. If eligible for leave under the Family and Medical Leave Act (FMLA), staff also need to submit an FMLA Request form shortly prior to the commencement of their leave. HR will notify the employee 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, or a child already living in the home.
• Foster Care Placement: Foster parents are eligible for up to one (1) full 12-week benefit per rolling 12 months. Leave begins on the day a foster child is legally placed in the employee’s care (official foster documentation will be used to establish start date of leave) and is taken as consecutive days, allowing the parent dedicated time to bond with and care for the child. If the foster care placement ends prior to the end of the 12-week period, the employee is required to immediately notify HR, and the leave concludes on that day. If another foster child is placed within the same 12-month period, the employee may use any remaining leave from the original 12 weeks starting on the new placement date.
• 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.
• CTO continues to accrue during parental leave.
• Multiple Children: The period of paid leave is not extended for multiple births or in the case of adopting/fostering more than one child at the same time.
• For 9-, 10-, 11-month staff whose primary position is not scheduled to work during the summer, parental leave will only apply for any balance of the 12 weeks that the employee would otherwise have been scheduled to work.
• Benefits: Benefits and payroll deductions/withholdings continue during the parental leave period as if the employee continued to work.
• Holidays: Paid parental leave overrides paid holidays, which do not extend the total paid parental leave.
• 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 and the 10-day elimination period is waived.
• Outside Employment: Employees 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.