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Effective Date

Original Effective Date: July 1, 2018

Revised Date: January 1, 2024

Approved By

Philip P. DiStefano, Chancellor

Owner(s)

The Office of Human Resources & The Office of Faculty Affairs

I. Purpose 

The intention of this policy is to set forth the leave that a parent may take and define parental leave benefits for each employment classification. This policy is adopted as additive to APS 5062. The Boulder Campus Parental Leave Policy for Faculty and Staff offers benefits that is expansive of APS 5062, and pertains only to Boulder Staff and Faculty. In the event of any conflict between APS 5062 and this policy, the APS will control.

II. Policy

Parental Leave Benefits by Employment Classification
The provisions of this University Parental Leave Policy are intended to be interpreted in conjunction with the Federal Family Medical Leave Act (FMLA) and State of ŷ���ڱ���Ƶ Family and Medical Leave Insurance Act (FAMLI). The time off/leave components of Parental Leave, FAMLI leave, and FMLA leave shall run concurrently. Thus, parental leave counts as part of, and is not in addition to, the 12 weeks of leave guaranteed by the FMLA and FAMLI. The compensation components provided by ŷ���ڱ���Ƶ’s Paid Parental Leave (PPL) shall not run concurrently with FAMLI partial wage replacement, PFML, STD and any sick and vacation accruals.

All parental leave is granted to care for the employee’s child within 12 months of the birth, adoption, foster care placement, or guardianship of a child. In order to mitigate business disruption, the employee shall inform the appropriate supervisor as early as possible of the intent to request parental leave. 

During unpaid parental leave, employees are required to adhere to any leave without pay policies.

If an employee is in a paid status, they will receive holiday pay in lieu of other compensation types. During consecutive leave periods, the holiday hours are included in the time off calculation and do not extend the leave period.

At no time will compensation equal more than an employee’s full salary, regardless of funding source.

*All leave program hour entitlements will be prorated based on the appointment percent of time.

For compliance and consistency, employees shall submit a leave application to Employee Services to utilize FAMLI, FMLA, and Parental Leave.

1. Tenured and Tenure-Track Nine-Month Faculty (Professors, Associate Professors, Assistant Professors):
   1. Time off options –
      1. Faculty Parental Leave:
         1. Entitled to up to 18 weeks of parental leave (12- month Libraries faculty receive six months of parental leave).
         2. Eligible on first day of employment if date of hire precedes first day of qualifying event. 
      2. FMLA:
         1. Entitled to up to 12 weeks (480 hours) of FMLA leave to run concurrently with parental leave.
         2. Eligible if worked at ŷ���ڱ���Ƶ for at least 12 months and at least 1,250 hours over the past 12 months.
      3. FAMLI:
         1. Entitled to up to 12 weeks (480 hours) of FAMLI leave to run concurrently with parental leave.
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
   2. Compensation Options
      1. Faculty Parental Leave:
         1. Tenured and Tenure Track Faculty receive 18 weeks of parental leave at full pay, without using accrued sick leave (12-month Libraries faculty receive six months of parental leave at full pay).
      2. FAMLI:
         1. Entitled to up to 12 weeks (480 hours)
            of FAMLI leave to run concurrently with paid family leave. If used, parental leave benefit will be decreased to accommodate FAMLI usage. Wages shall not exceed 100% pay.
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
2. Non-Tenure Nine-Month Faculty (non-temporary): (Instructors, Senior Instructors, Teaching Professors, Scholars in Residence, Artists in Residence, Clinical Faculty).
   1. Time off options – programs run concurrently
      1. Faculty Parental Leave:
         1. Entitled to up to 18 weeks of parental leave.
         2. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. FAMLI:
         1. Entitled to up to 12 weeks (480 hours) of FAMLI leave to run concurrently with parental leave.
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      3. FMLA:
         1. Entitled to up to 12 weeks (480 hours) of FMLA leave to run concurrently with parental leave.
         2. Eligible if worked at ŷ���ڱ���Ƶ for at least 12 months and at least 1,250 hours over the past 12 
            months.
   2. Compensation Options for the 18 weeks based on eligibility for each leave program: (PPL compensation shall be provided in addition to, not replacing, FAMLI compensation. Wages shall not exceed 100% of pay).
      1. Faculty parental leave:
         1. Entitled to 100% compensation for 6 weeks of parental leave.
            1. If the faculty member exhausts all paid parental leave and sick leave before the end of an 
               18-week period, and is not FAMLI eligible, then the faculty member may continue the leave for the 
               remainder of the period at 50% pay with full benefits.
            2. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. FAMLI:
         1. Entitled to a percentage of weekly wages, for up to 12 weeks (480 hours).
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      3. Sick leave:
         1. Allowed to supplement compensation and combine with FAMLI or during unpaid periods for 18 weeks to provide an employee’s full compensation.
      4. Short-term disability for birth parent only (optional plan, paid for by employee):
         1. Allowed to supplement compensation and combine with FAMLI and/or faculty parental leave.
         2. Must exhaust sick leave prior to utilization.

3. University Staff, Twelve Month (non-temporary) Non- Tenure/Tenure Track Faculty (Research Professors, Research Associates, PRA’s and Post-Doctoral Associates)

   Employees are not entitled to more than 26 weeks of parental leave in which FAMLI and FML will be 
   used.

   *This policy does not apply to post-doctoral fellows on externally funded fellowships.

   **The Office of Faculty Affairs encourages chairs and deans to allow tenure-track faculty members who assume exceptional caregiving responsibilities to apply for modification in workload for up to one semester in the term immediately preceding or following parental leave.

   1. Time off options – programs run concurrently
      1. Parental Leave:
         1. Entitled to 26 consecutive weeks of unpaid parental leave.
         2. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. FAMLI:
         1. Entitled to up to 12 weeks (480 hours) of FAMLI leave.
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      3. FMLA:
         1. Entitled to up to 12 weeks (480 hours) of FMLA leave.
         2. Eligible if worked at ŷ���ڱ���Ƶ for at least 12 months and at least 1,250 hours over the past 12 months.
   2. Compensation Options for up to 26 weeks based on eligibility for each leave program. (PPL compensation shall be provided in addition to, not replacing, FAMLI compensation. Wages shall not exceed 100% of pay).
      1. Paid parental leave (PPL):
         1. Entitled to 100% compensation for 6 weeks (240 hours) of parental leave.
         2. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. FAMLI:
         1. Entitled to a percentage of weekly wages, for up to 12 weeks (480 hours).
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      3. Sick leave:
         1. Use alone and/or allowed to supplement compensation with FAMLI to provide an employee’s full compensation.
         2. Vacation leave:
            1. Use alone and/or allowed to supplement compensation with FAMLI to provide an employee’s full 
               compensation once sick leave is exhausted.
         3. Holiday pay that falls within the leave period if employee is in paid status.
         4. Short-term disability for birth parent only (optional plan, paid for by employee):
            1. Allowed to use in addition to FAMLI.
            2. Must exhaust sick leave prior to utilization.
         5. Leave without pay.

4. Classified Staff (non-temporary)

   Employees are not entitled to more than 26 weeks of parental leave in which FAMLI and FML will be used.

   1. Time off options – programs run concurrently
      1. Parental Leave:
         1. Entitled to 26 weeks of unpaid parental leave.
         2. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. FAMLI:
         1. Entitled to up to 12 weeks (480 hours) of FAMLI leave.
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      3. FMLA:
         1. Entitled to up to 12 weeks (480 hours) of FMLA leave.
         2. Eligible after 12 months of state service.
      4. State Family Medical Leave:
         1. Entitled to up to an additional 40 hours subsequent to FMLA leave.
   2. Compensation options for up to 26 weeks: (PPL and PFML compensation shall be provided in addition to, not replacing, FAMLI compensation. Wages shall not exceed 100% of pay).
      1. Paid parental leave (PPL):
         1. Entitled to 100% compensation for the first 2 weeks (80 hours) of parental leave.
         2. If PFML is not available or becomes unavailable, PPL compensates up to 100% of pay for up to 6 
            weeks.
         3. Eligible on first day of employment if date of hire precedes first day of qualifying event.
      2. State of ŷ���ڱ���Ƶ Paid FML (PFML):
         1. Entitled to up to 160 hours of PFML.
         2. Use alone and/or allowed to supplement compensation with FAMLI to provide an employee’s full 
            compensation.
         3. Eligible after 12 months of state service.
      3. FAMLI:
         1. Entitled to a percentage of weekly wages, for 12 up to weeks (480 hours).
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
      4. Sick leave:
         1. Use alone and/or allowed to supplement compensation with FAMLI to provide an employee’s full compensation.
      5. Vacation leave:
         1. Allowed to supplement compensation and combine with FAMLI to provide an employee’s full 
            compensation once sick leave is exhausted.
      6. Holiday pay that falls within the leave period if employee is in paid status
      7. Short-term disability for birth parent only (mandatory plan, paid for by university):
         1. Allowed to use in addition to FAMLI.
      8. Leave without pay.

5. All other employees

   Regular employees in appointments less than 50%, temporary faculty, temporary staff, student employees, graduate students on appointment, residents, and any other employee not listed in sections above. Note that individuals in job codes 3201-3209 (on unique stipends and fellowships) are not considered ŷ���ڱ���Ƶ employees and are not subject to the FAMLI premium and are not entitled to FAMLI benefits.

   1. Time off options – programs run concurrently.
      1. FAMLI
         1. Entitled to up to 12 weeks (480 hours) of FAMLI leave.
         2. Eligible for FAMLI beginning on first day of employment.
      2. FMLA
         1. Entitled to up to 12 weeks (480 hours) of FML.
         2. Eligible if worked at ŷ���ڱ���Ƶ for at least 12 months and at least 1,250 hours over the past 12 months.
   2. Compensation Options
      1. FAMLI
         1. Entitled to a percentage of weekly wages, for up to 12 weeks (480 hours).
         2. Eligible on first day of employment if work occurs in ŷ���ڱ���Ƶ.
   3. Sick leave:
      1. Allowed to supplement compensation and combine with FAMLI to provide an employee’s full compensation.
   4. Vacation
      1. Allowed to supplement compensation and combine with FAMLI to provide an employee’s full compensation once sick leave is exhausted if employee earns vacation time.

Parental Leave Components

1. ŷ���ڱ���Ƶ Boulder Paid Parental Leave (PPL) Benefit Program
   1. The university grants 100% compensation for the first 6 weeks (240 hours) of parental leave to eligible employees between PPL and PFML for classified staff. Paid parental leave compensation will not replace FAMLI partial wage replacement. Total compensation not to exceed 100% of pay.
      1. Parental leave must be taken and completed within one year of the birth, adoption, foster care placement, or guardianship of a child. A department may require blocks of time (i.e. full shifts, days or weeks) for bonding and request the employee make a reasonable effort to schedule leave as not to unduly disrupt departmental operations.
      2. There is no cash value for paid parental leave upon termination from the university and leave cannot be rolled forward for future use.
      3. Boulder’s paid parental leave is calculated on the employee’s base salary only and is subject to taxes and withholdings.
      4. Eligible employees are only entitled to one paid parental leave period per year from the date the first paid parental leave begins; multiple births or adoptions within the same qualifying event (e.g., the birth of twins or adoption of multiple children) will not increase the benefit or number of weeks allowed.
   2. Eligibility for Boulder’s Paid Parental Leave Program
      1. A regular, non-temporary 12-month faculty member, university staff, or classified staff member must have a regular appointment of 50% or greater on the date of birth, adoption, foster care placement, or guardianship of a child to be eligible for paid parental leave.

2. Family and Medical Leave Insurance (FAMLI)

   FAMLI is a state law that guarantees ŷ���ڱ���Ƶ workers 12 weeks per year of partial wage replacement and leave to attend to certain family and medical needs, including a child’s birth, adoption, foster care placement, or guardianship of a child.

   1. An employee may receive up to an additional 4 weeks if complications pertaining to the birthing parent’s health occur and are documented on a medical certification form.
   2. Employees are eligible for job protection through FAMLI after 180 days of employment.
   3. If FAMLI is utilized for a different condition in the same year, the amount allocated for the 
      purposes of parental leave is reduced accordingly.
   4. The university shall inform all employees who are covered by FAMLI of their FAMLI rights regarding leave for pregnancy or for the birth, adoption, foster care placement, or guardianship of a child, and shall administer FAMLI leave in accordance with ŷ���ڱ���Ƶ’s FAMLI Plan and university policies.

3. Family Medical Leave Act (FMLA) for Parental Leave

   The FMLA is a federal law that guarantees certain workers 12 weeks per year of unpaid leave to attend to certain family and medical needs, including a child’s birth, adoption, foster care placement, or guardianship of a child.

   1. If FMLA is utilized for a different condition in the same year, the amount allocated for the purposes of parental leave is reduced accordingly.
   2. The university shall inform all employees who are covered by the FMLA of their FMLA rights regarding leave for pregnancy or for the birth, adoption, foster care placement, or guardianship of a child, and shall administer FMLA leave in accordance with federal law.

4. Alternative Leave for Birth, Adoption, Foster Care Placement, or Guardianship of a Child 

   Any faculty or staff member who does not wish to take the standard leave described in above may negotiate an alternative leave arrangement with their supervisor or primary unit chair. For example: using the six-month unpaid parental leave intermittently, alternative work schedules, differentiated workloads, banked courses, etc.

   The decision whether to grant such a negotiated leave arrangement shall be dictated by the needs of the unit, at the discretion of the supervisor or unit chair and in consultation with the human resources office to ensure that the decision is consistent with the FMLA and FAMLI. Negotiated leave arrangements must be in writing and, in the case of a staff member, signed by the staff member and supervisor; or, in the case of a faculty member, by the faculty member, chair, and dean.

Tenure Probationary Period for Tenure-Track Faculty

Consistent with and section III.A of , leave taken pursuant to this parental leave policy, including a negotiated alternative leave, does not count as part of the tenure probationary period. Parental leave results in a "stop" on the tenure clock; such "stops" must be taken in one-year increments. However, a faculty member may irrevocably elect, no later than six months following their return to full-time service, to have the leave time count as part of the tenure probationary period. Such an election shall be made in writing and must be approved by the dean and the chancellor.

A faculty member who has experienced the birth, adoption, foster care placement, or guardianship of a child, but who does not take parental leave, may also irrevocably elect to stop the tenure clock for one year, provided the election is made in writing within six months of the child’s birth, adoption, foster care placement, or guardianship of a child.

Absent extraordinary circumstances, a maximum of two "stops" on the tenure clock for parental leave is allowed under this policy.

Simultaneous Leave

If both parents are employed by the University of ŷ���ڱ���Ƶ and both are eligible for any parental leave benefit described under this policy, paid and unpaid leaves under this policy may be taken simultaneously or may be staggered within 12 months of a child’s birth, adoption, foster care placement, or guardianship of a child.

III. Definitions

Italicized terms used in this section of the Administrative Policy Statement (APS) are defined in the or are defined in this section. 

FMLA – The Family Medical Leave Act, 29 U.S.C. 2601 et seq., a federal law which guarantees unpaid, job protected leave for certain employees experiencing qualifying family and medical circumstances, including the birth, adoption, foster care placement or guardianship of a child.

FAMLI – The Family and Medical Leave Insurance Act, C.R.S. § 8-13.3-501, is a state of ŷ���ڱ���Ƶ law with guarantees all employees experiencing a qualifying family and medical circumstance a partial wage replacement and job protected leave. 

Child – A biological child, adopted child, foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time leave is to commence. 

Parent – A biological parent, adoptive parent, foster parent, guardian or a spouse, domestic partner or civil union partner of a parent, including an employee using a surrogate/gestational carrier.

IV. Related Policies