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Human Resources

Leaves of Absence

Policies & Procedures

Leaves of Absence

Family and Medical Leave Act Guidelines (FMLA) (.doc)
Family and Medical Leave Act Forms

Faculty Parental Leave

Guidelines and Procedures

In addition to the Faculty Paid Parental leave, the University provides family leave to all employees in accordance with the federal Family and Medical Leave Act of 1993.

If any questions arise which are not covered by this guideline or previous published statements interpreting our policy, the University reserves the right to make any necessary interpretation which shall be conclusive for purposes of resolving the question.

General Provisions

Pregnancy, Childbirth or Adoption Leave

Faculty members may have one academic term of paid leave during pregnancy and the first year after birth,  adoption, or foster care of a child whether because of pregnancy-related disability or for child care. If a faculty member previously has taken disability leave (as permitted by applicable leave policy) due to a serious pregnancy-related illness, Parental Leave will still be available once the child is born in an amount up to one full academic term.

Terms of Eligibility

Faculty members who have not been employed in a benefited faculty position at the University for one full academic year prior to a parental leave must complete a full academic year of employment following the leave or reimburse the University for the salary dollars received during the leave period.

In cases where the birth mother is taking Parental Leave, the paid leave will be in conjunction with the University's current Core Short Term Disability Benefit when applicable.

Notification

Whenever possible, faculty intending to take a leave should inform their chairs or deans no later than three months prior to the proposed beginning of leave. If this is not possible because of pre-term delivery, sudden availability of adoption, or other unpredictable changes in family status, leave will be granted.

Simultaneous Leave

If both parents are employed by the University of Denver, either may utilize the paid Parental Leave, but not both.  In accordance with FMLA, unpaid leave may be taken simultaneously.

Faculty Status After Leave

A faculty member who takes Parental Leave will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms.

At the end of a Parental Leave, the faculty member must return to work at the same status that he/she was in prior to going on leave and work the following academic term. If the faculty member chooses not to return to work for reasons other than a continued serious health condition, the University will require the faculty member to reimburse the University the amount it paid for the employee's health insurance premium and paid parental leave during the leave period.

Tenure Probationary Period

A faculty member taking leave under this policy may request to add one year to the total number of years that otherwise would constitute that individual's tenure probationary period. Such request shall be made in writing no later than six months after the end of the Parental Leave, and must be approved by the appropriate dean and the provost. The faculty member's election is irrevocable and not subject to modification.

Sabbatical Leave

In computing years of service for sabbatical eligibility, time spent on a faculty parental leave will constitute a term of service and will not delay sabbatical eligibility.

How to Apply

Leave of Absence Request Form must be submitted to your immediate supervisor with a copy to the Human Resources Office.Doctor or Health Care Provider must complete the Certification of Health Care Provider and submit a copy to Human Resources.A short-term disability claim must be filed when the leave of absence is more than two weeks and is for an employee's own serious health condition.

Staff Paid Parental Leave

Important: If you are anticipating a leave of any kind, please contact Sarah Childs in the Human Resources Benefits Department at 303-871-3501.

Guidelines and Procedures

In addition to the Staff Paid Parental leave the University provides family leave to all employees in accordance with the federal Family and Medical Leave Act of 1993.

If any questions arise which are not covered by this guideline or previous published statements interpreting our policy, the University reserves the right to make any necessary interpretation which shall be conclusive for purposes of resolving the question.

General Provisions

Pregnancy, Childbirth or Adoption Leave

Appointed staff members may have up to ten weeks of paid parental leave, during pregnancy and the first year after birth or adoption of a child, whether because of a pregnancy-related disability or for child care. In cases where the birth mother is taking Parental Leave, the paid leave will always be in conjunction with the 60% Core Short Term Disability Benefit. Employees who have completed less than one year of appointed, benefit-eligible service would receive 1/3 paid leave and the remaining 2/3 would be paid by the employee drawing first upon unused sick accrual and then vacation accrual. Appointed, benefit-eligible employees who have completed between one and two years of service would receive 2/3 paid leave and the remaining 1/3 would be paid by the employee drawing first upon unused sick accrual and then vacation accrual. Employees who have two years or more of service would receive full paid leave without drawing upon unused sick or vacation accruals.

Eligibility

All appointed employees are eligible to receive up to ten weeks of paid parental leave, (if an employee elects to take their 12 weeks as eligible under Federal Law those additional two weeks would be unpaid, or the employee could use their sick and vacation accrual to cover those additional two weeks).

Notification

Whenever possible, staff intending to take a leave should inform their supervisor or department head no later than three months prior to the proposed beginning of leave, if this is not possible because of pre-term delivery, sudden availability of adoption, or other unpredictable changes in family status, leave will still be granted.

Simultaneous Leave

If both parents are employed by the University of Denver, either may utilize the paid Parental Leave, but not both. In accordance with FMLA, unpaid leave may be taken simultaneously.

Employee Status After Leave

A staff member who takes Parental Leave will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms.

At the end of a Parental Leave, the employee must return to work at the same status that he/she was in prior to going on leave for at least 30 calendar days (to include not using vacation time within these 30 days). If the employee chooses not to return to work for reasons other than a continued serious health condition, the University will require the employee to reimburse the University the amount it paid for the employee's health insurance premium and paid parental leave during the leave period.

How to Apply

Leave of Absence Request must be submitted to your immediate supervisor with a copy to the Human Resources Office.   Doctor or Health Care Provider must complete the Certification of Health Care Provider and submit a copy to both the Supervisor and Human Resources.   If leave is to be intermittent, come up with a scheduling agreement with your supervisor.   A completed Leave of Absence Request Form must be completed and forwarded to Human Resources. Please attach pay leave schedule.A short-term disability claim must be filed when the leave of absence is more than two weeks and is for an employee's own serious health condition.

Parental Leave Pay Schedules

Parental Leave Applies to Birth and Non-Birth Parent   

Years of Service  - Percentage Paid Leave

  • Less than 1 year - 34%
  • Between 1 and 2 years - 66%
  • More than 2 years - 100%

A breakdown of how your sick/vacation time, parental leave benefit and short-term disability benefit work together is detailed in the Parental Leave Pay Schedule found under the Leave Forms section.

 

Vacation

Vacation benefits accrue for non-faculty, appointed employees, based on the length of employment. Full-time staff accrue vacation leave at the rate of 15 days per year, or 1.25 days per month, to a maximum accrual of 15 days. Vacation leave accrual is prorated for staff employees who work less than full-time. Vacation leave accrual increases after completion of seven years of service at the University to 2 days per month, up to a maximum accrual of 22 days in the aggregate. The University has a "use it or lose it policy," in that accruals stop at the above mentioned maximums, and don't resume until after time has been taken. Vacation pay will not be computed as time worked for overtime purposes.

Discretionary Leave

A. Eligibility

The University, at its sole discretion, may grant Discretionary Leave to appointed, non-union employees. Discretionary Leave without pay also may be granted to tenured faculty members and other professional staff with three or more years of service for study or research, educational travel, other employment that would either enhance the employee's service to the University or provide a significant community service, or any other reason where such leave will be mutually advantageous to the employee and the University. Except as otherwise required by law, the University is not required to grant Discretionary Leave in any particular case.

B. Notice of Discretionary Leave

In order to be considered for Discretionary Leave, an eligible employee must comply with the FMLA Leave requirements regarding coordination with other leave notice and, if applicable, medical certification. Faculty and professional staff applying for non-medical Discretionary Leave should submit written requests for such leave at least four months in advance. If the employee fails to comply with such requirements, the University reserves the right to deny the request for Discretionary Leave.

C. Reinstatement

The University reservs the right to deny reinstatement of any employee who takes Discretionary Leave except as the law may otherwise require. If an employee's original position cannot be held open during a leave of absence, the University will make reasonable efforts to place the employee in a position of equivalent status and salary.

Bereavement Leave

Leave with pay is available to all appointed exempt and non-exempt (non-faculty) staff because of death in the immediate family. Immediate family is limited to: spouse of employee; father or mother of employee or spouse; child of employee or spouse; brother or sister of employee or spouse; grandparent of employee or spouse. Funeral leave will be limited to three days if the burial is within Colorado, and to five days if outside of Colorado. The supervisor may request an obituary or other notice to substantiate the absence. Bereavement pay will not be computed as time worked for overtime purposes.

Jury Duty Leave

Leave is available to all appointed employees. Leave with pay shall be granted for the duration of such duty. When the summons for jury duty is received, it should be presented to the employee's supervisor. The employee is expected to report to work, if excused from jury duty during normal work hours. The supervisor may require the employee to furnish documentation from the court clerk as to days served. Any jury duty fees received may be retained by the employee. Jury duty pay will not be computed as time worked for overtime purposes.

FMLA Provisions for Military Families

On January 28 2008, President Bush signed into law new provisions of the  FMLA as part of a larger defense authorization act. The new provisions of the FMLA require up 26 weeks of protected leave for  employees

  • providing care to service members wounded in the  line of duty while on active duty
  • care for veterans undergoing medical treatment,  recuperation, or therapy, are in outpatient status, or are on the temporary  disability retired list for a serious injury or illness
  • who are the spouse, son, daughter, or parent of  the wounded service member. The new provision also adds the "next of  kin" to the list of persons who may take this leave.

The new amendments also provides up to 12 weeks of FMLA leave to immediate  family members (spouse, child or parent) of any member of the Armed Services,  including reservist or member of the National Guard, who is called to active  duty in the military.

The statutory language grants leave for any "qualifying exigency"  caused by the active duty call up.

An employer is entitled to request that the service member provide  certification that he or she has been called to active duty. Under both types of FMLA  leave for military families, intermittent leave is available.

Department of Labor Q&A