Attachment_B_AR_2.146_–_Paid_Parental_Leave.pdf

ADMINISTRATIVE REGULATION

A.R. NUMBER

2.146

FUNCTION

Human Resources and Payroll

SUBJECT

PAID PARENTAL LEAVE

EFFECTIVE DATE

October 1, 2022

REVIEWED DATE

September 26, 2023

Summary of Changes

Administrative Regulation (AR) 2.146 was created in 2022. This AR has been updated to reflect the new FMLASource contact information.

I. Purpose

This regulation sets forth the policies and guidelines governing the City’s Paid Parental Leave Program. Through the implementation of the Paid Parental Leave Program, the City wishes to ease the mental, physical, and financial demands of new family life events for its employees.

This AR is to be read in conjunction with Personnel Rule 15, Leaves of Absence, AR 2.30 (A) & (B), City Leave and Attendance Policies, and AR 2.143 Family and Medical Leave and where applicable, other state and federal law.

II. Paid Parental Leave

The City of Phoenix will provide up to 480 hours of paid parental leave to employees (240 hours for part-time/job-share employees) during the 12-month period immediately following the birth of an employee’s child or the placement of a child with an employee in connection with adoption or foster care. This policy will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. This policy will be in effect for births, adoptions, or placements of foster children occurring on or after October 1, 2022. Employees with birth, adoption, or placement events prior to October 1, 2022, may receive a pro-rated paid parental leave amount as determined by the Human Resources Department.

III. Eligibility

Employees must have a qualifying event and meet all program requirements below:

Qualifying Events

• Have given birth to a child

• Be a spouse or partner of someone who has given birth to a child

• Have adopted a child

• Received placement of a foster child

Program Requirements

• Have been employed with the City of Phoenix for at least 12 months prior to the requested date of leave.

• Have worked at least 1,250 hours during the 12 months preceding the date the leave would begin.

A.R. 2.146

IV. Amount, Time Frame, and Duration of Paid Parental Leave

• Paid parental leave can be applied only after the confirmed date of birth or adoption/foster care placement. Leave taken for pre-birth reasons will not be covered under paid parental leave.

• Paid parental leave may be taken in one continuous period or scheduled intermittently during the 12-month period immediately following the birth, adoption, or placement of a child with the employee.

• Multiple births, adoptions, or placement occurrences (e.g., the birth of twins or adoption of siblings) does not increase the 480 hours total amount of paid parental leave granted for that event.

• Employees will not receive more than 480 hours of paid parental leave in a rolling 12-month period.

• When both parents are City employees, each employee is allowed to take up to 480 hours of paid parental leave.

• Employees will not be paid for any unused paid parental leave at time of retirement, resignation, or termination of employment.

• Paid parental leave is compensated at the employee’s regular, straight-time base rate. Paid parental leave will be paid on a biweekly basis on regularly scheduled pay dates.

• Use of paid parental leave will not impact an employee’s other available leave banks.

V. Events Prior to the October 1, 2022 Effective Date

• Employees who had a birth or adoption/foster care placement event prior to the October 1, 2022 program effective date may receive a prorated amount of paid parental leave. The amount of available paid parental leave will be determined by the Human Resources Department.

• Human Resources staff will review requests from employees who had an eligible event that occurred during the 12 months prior to the October 1, 2022 effective date (October 1, 2021 through September 30, 2022).

• Human Resources staff will use the date of birth or adoption/foster care placement to determine the amount of available paid parental leave.

• Human Resources staff will notify employees in writing of the amount of paid parental leave available to use by the eligible period end date (12 months from the date of birth or adoption/foster care placement).

VI. Coordination with Other Policies

• Paid parental leave taken under this policy will run concurrently with leave under the FMLA; therefore, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster care will be counted toward the 12 weeks of available FMLA leave per 12-month period. All other requirements and provisions under the FMLA will apply. Employees who have exhausted their FMLA entitlement for reasons other than the birth, adoption, or placement of a child will be eligible for the paid parental leave up to 480 hours. This provision does not extend FMLA leave protections and entitlement hours. Please refer to AR 2.143 Family and Medical Leave Policy for further guidance on FMLA responsibilities.

• The City will maintain all benefits for employees during the paid parental leave period just as if they were taking any other City paid leave such as paid vacation leave or paid sick leave.

• An employee who takes paid parental leave that does not qualify for FMLA leave will be afforded the same level of job protection for the period that the employee is on paid parental leave as if the employee was on FMLA-qualifying leave.

• An employee who is out on paid parental leave may not participate in “Off Duty” work or Outside Employment for the duration of the reported leave.

VII. Employee Responsibilities

Employees are responsible for initiating the paid parental leave request process. The City recognizes that extenuating circumstances (e.g., early birth, unanticipated foster placement) may make advance notice difficult to provide so special considerations under these circumstances will be allowed.

Employees must submit a request to the FMLA vendor (currently FMLASource) as early as possible but at least 30 days in advance so that documentation and approval steps are complete before the birth or adoption/foster care placement occurs. Employees must confirm the date of birth or adoption/foster care placement with the FMLA vendor in order to initiate the start of the paid parental leave. Leave will not be retroactively applied in cases where the date is not confirmed.

Employees must also notify their immediate supervisor as early as possible but at least 30 days before the leave is expected to begin. For operational and planning purposes, it is very important for employees to be in close communication with supervisors about planned leave. This includes leave taken on a continuous or scheduled intermittent basis.

VIII. How to Apply and Use Paid Parental Leave

Requests for paid parental leave are processed and tracked through the city’s FMLA vendor (currently FMLASource). Employees can request leave using one of the approved reporting methods below.

Please Note: Using any other method to contact the vendor (such as sending an email or leaving a voice message) can result in the delay or denial of a request.

Approved Contact Methods:

• Call:1-855-PHX-FMLA (1-855-749-3652) o Representatives available Monday – Friday 7:30 AM to 9:30 PM CST.

• Website: www.fmlasource.com

• Mobile App: FMLASource Now

Using paid parental leave is a two-step process:

Step 1: Apply for Paid Parental Leave

Before you can be approved for paid parental leave, you must apply. Eligibility for paid parental leave is managed through the FMLA vendor (FMLASource), even if leave is planned to be taken outside the FMLA covered period.

Apply by Calling an FMLASource Representative

• Call 1-855-PHX-FMLA (1-855-749-3652) FMLASource

• Inform the FMLASource representative that you wish to apply for FMLA/Parental leave.

• Inform the representative of the estimated date of delivery or adoption/foster care placement and anticipated dates of leave.

o If the event has already occurred, inform the representative of the actual date of delivery or adoption/foster care placement.

Apply Via Website or Mobile App

• Log in to FMLASource

• Select FMLA and Medical Leave

• Select Make New Request

• Select Parental Leave/Bonding with Child

• Complete the form using the expected date of birth or adoption/foster care placement and anticipated dates of leave.

o If the event has already occurred, inform the representative of the actual date of delivery or adoption/foster care placement.

After the employee applies for paid parental leave:

• An FMLASource representative will determine eligibility and review information/documentation provided by the employee.

• FMLASource will issue a determination of approved, provisional approval, or denied.

• If approved, an FMLASource representative will follow up with the employee based on the estimated date of birth or adoption/foster care placement to confirm the actual date.

• The employee MUST contact FMLASource to confirm the actual date of birth or adoption/foster care placement. Only after the actual date is confirmed will the paid parental leave begin to apply to the leave.

Step 2: Tracking Leave Days

• Paid parental leave can be taken only after the date of birth, adoption, or foster care placement has been approved by FMLASource using the process assigned above.

• For approved continuous absences, FMLASource will send a daily leave request to the City based on the start and end dates of leave.

• For approved scheduled intermittent absences, the employee will need to contact FMLASource in advance to report the requested leave. FMLASource will send leave requests to the City based on the scheduled intermittent leave dates.

IX. Paid Parental Leave Related Leave Codes

With the implementation of the Paid Parental Leave Program, the Human Resources Department has added the following new eCHRIS leave codes. For additional information about Paid Parental Leave and FMLA Leave codes please visit the Human Resources Connection page.

F0 – This code means an employee contacted the FMLA vendor to make a leave request or report time for FMLA and/or Paid Parental Leave but was denied.

FA – This code means that an employee is approved for Paid Parental Leave when the leave runs concurrent with FMLA leave entitlement. This is a City paid leave code which does not reduce an employee’s available leave banks.

FB – This code means that an employee is approved for Paid Parental Leave when the employee has exhausted their FMLA entitlement but has available Paid Parental Leave hours. This is a City paid leave code which does not reduce an employee’s available leave banks.

X. Supervisor Responsibilities

• Supervisors should verify the leave was taken in accordance with the scheduled date/hours and approve FA and FB codes in eCHRIS. For F0 codes, supervisors should work with their HR liaison to determine the reason for denial and enter an alternative leave code for the scheduled date/hours.

• Refer an employee to the FMLA vendor when the employee has described a need for leave related to parental leave/bonding that may qualify for FMLA.

• Report an FMLA absence on an employee’s behalf to the FMLA vendor when the employee is unable to report his/her own scheduled FMLA absence.

• Read this AR in conjunction with AR 2.143, Family and Medical Leave, to ensure compliance with the policy. Questions regarding AR should be directed to the Human Resources Department via email at per.ppl@phoenix.gov.

XI. Retaliation or Interference The City prohibits adverse action or retaliation against an employee who elects to take paid parental leave.

Supervisors are prohibited from interfering with an employee’s ability to take paid parental leave. Employees who are concerned about retaliation or interference are encouraged to contact their Human Resources Liaison.

XII. Related Administrative Regulations and Personnel Rule

• A.R. 2.30 (A) & (B) – City Leave and Attendance Related Policies

• A.R. 2.143 Family Medical and Leave Act

• Personnel Rule 15

XIII. Questions

Questions regarding AR should be directed to the Human Resources Department via email at per.ppl@phoenix.gov.

For JEFFREY BARTON, City Manager

BY:

Ginger Spencer, Deputy City Manager mailto:@phoenix.gov mailto:per.ppl@phoenix.gov 030668 Ginger