Paid Parental Leave HR Policy

Human Resources Policy

Commonwealth of Pennsylvania

Office of Administration

Paid Parental Leave

Number

HR-WS003

Category

Workforce Support

Contact

717.787.9872

Effective Date

February 15, 2024

Supersedes

All Prior Versions

Scheduled Review

February 2025

1. Purpose

To establish an enterprise-wide Paid Parental Leave benefit for

Commonwealth employees.

2. Scope

This Human Resources Policy (HRP) applies to all departments, offices,

boards, commissions, and councils under the Governor’s jurisdiction

for human resources management (agencies).

3. Background

This Administration is committed to supporting Commonwealth

employees and their working families. Paid Parental Leave enables

working families to care for and bond with their children without

risking financial insecurity, while increasing recruitment and retention

of highly skilled workers.

HR-WS003 Paid Parental Leave

Page 2 of 6

4. Definitions

Child. A biological, adopted (including a Child placed for adoption with

an Eligible Employee pending a final adoption), or foster Child, under

18 years of age, of an Eligible Employee.

Eligible Employee. A full-time or part-time Permanent Employee who

has been continuously employed by the Commonwealth for the

immediate 12 months preceding the Qualifying Event and meets the

Family and Medical Leave Act (FMLA) entitlement and eligibility

requirements.

FMLA. The Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601–

2654, as amended, is the federal law that requires qualifying

employers to provide at least 12 weeks of leave (with or without pay)

with benefits within a 12-month period for certain qualifying reasons, if

the employee was employed at least one year and worked at least

1,250 hours during the previous 12-month period. For permanent

part-time management employees and permanent part-time

employees represented by some unions, the hours worked

requirement to determine an employee’s FMLA eligibility is 900 hours.

Full-Time Employee. An employee who is expected to be in an active

pay status 75 or 80 hours every pay period, depending upon the pay

schedule, and all agency heads.

Paid Parental Leave. Eight (8) weeks of paid leave (300 hours for

employees with a standard work schedule of 37.5 hours per week and

320 hours for a standard work schedule of 40 hours per week)

provided to full-time Eligible Employees for a Qualifying Event. Part-

time Eligible Employees will receive leave prorated based on the

employee’s regular hours worked.

Part-Time Employee. An employee who is expected to be in an

active pay status fewer than 75 or 80 hours in a pay period, depending

upon the pay schedule.

Permanent Employee. An employee who is hired with the

expectation of being in an active pay status for more than 12

consecutive months or who is hired with the expectation of being in an

active pay status for 9 to 12 consecutive months inclusive and with the

expectation of working on an annually recurring basis. The use of this

term does not change or alter in any way the at-will employment

HR-WS003 Paid Parental Leave

Page 3 of 6

relationship that may exist between the Commonwealth and its

employees.

Qualifying Event. Any of the following that occurs on or after

February 15, 2024, for an Eligible Employee:

• Birth of a biological Child.

•

Adoption of a Child. Note: The adoption of a Child for whom the

Eligible Employee is already fostering or otherwise stands in loco

parentis to the Child is not a Qualifying Event. An Eligible

Employee stands in loco parentis where they maintain the day-

to-day responsibilities to care for, and financially support, the

Child. A biological or legal relationship is not necessary.

•

Initial placement for adoption of a Child pending final adoption.

•

Initial foster care placement of a Child that had not been

previously placed with the Eligible Employee.

5. Policy

The Secretary of Administration hereby directs Commonwealth

agencies to adhere to the following:

a. Eligible Employees, when able, shall provide notice of their intent

to use Paid Parental Leave at least 30 calendar days prior to the

anticipated date of a Qualifying Event. Failure to provide at least

30 calendar days’ notice may delay the start of the paid parental

absence. Paid Parental Leave shall be granted to Eligible

Employees upon written proof of a Qualifying Event.

b. Paid Parental Leave shall be used within 6 months (180 calendar

days) immediately following the Qualifying Event. The absence

must commence and end within this 6-month period.

i. Paid Parental Leave may be used intermittently but must

be used in full-day increments. In no situation shall an

employee use more than 8 weeks of paid leave (300 hours

for employees with a standard work schedule of 37.5 hours

per week and 320 hours for a standard work schedule of

40 hours per week) of Paid Parental Leave within a 12-

month period. If used intermittently, absences must be

prescheduled, and employees must obtain prior approval

from their supervisory chain-of-command. Paid Parental

Leave cannot be used for unscheduled absences (call-off,

HR-WS003 Paid Parental Leave

Page 4 of 6

tardy, no show, etc.). Use of intermittent Paid Parental

Leave may be denied for legitimate operational reasons.

ii. Employees shall retain the option to use other parental

leave entitlements granted by law and/or applicable labor

agreements.

iii. Any Paid Parental Leave not used within 6 months of the

Qualifying Event will be forfeited. Paid Parental Leave

cannot be converted to other paid leave, cannot be saved

for a future Qualifying Event, and is not payable upon

separation from employment.

c. Paid Parental Leave will run concurrently with and reduce the

Eligible Employee’s FMLA entitlement. In no event shall the use

of paid leave (annual/combined, sick, parental) extend the 12-

week FMLA entitlement or extended leave without pay

entitlements granted under applicable labor agreements.

d. Paid Parental Leave may not be used prior to the birth or

placement of the Child.

e. Paid Parental Leave shall be paid at the Eligible Employee’s

regular, straight time, rate of pay.

f. Paid Parental Leave used will not count for purposes of

calculating overtime. Employees on Paid Parental Leave will be

removed from overtime equalization units.

g. Eligible Employees shall not be permitted to return to work

during any work shift while on Paid Parental Leave.

h. When both parents are Eligible Employees, each may receive the

full Paid Parental Leave entitlement. Both parents may take the

leave simultaneously or at different times, provided that the

leave taken by each parent commences and is completed within

6 months (180 days) immediately following the Qualifying Event.

i. Placement of a Child with an Eligible Employee through a private

or court-approved Child custody agreement is not a Qualifying

Event.

j. Employees on an alternative work schedule (AWS) shall revert to

their standard shift, during the AWS cycle(s) in which Paid

Parental Leave is utilized.

HR-WS003 Paid Parental Leave

Page 5 of 6

k. Paid Parental Leave may not be utilized for more than 1

Qualifying Event per Child, per Eligible Employee.

l. Eligible Employees who had a Qualifying Event occur prior to

February 15, 2024, would fall under the terms outlined in the

previous version of this policy, and may be eligible for up to 6

weeks of Paid Parental Leave.

m. The State Employees’ Retirement System has the authority and

sole discretion to determine whether Paid Parental Leave is

retirement-covered.

Nothing in this HRP shall be construed to impair or otherwise affect the

authority granted by law to an executive department, agency, or the

head thereof. This HRP is not intended to, and does not, create any

right or benefit, substantive or procedural, enforceable at law or in

equity by any party against the Commonwealth of Pennsylvania, its

departments, agencies, or entities, its officers, employees, or agents

or any other person.

Should you have any questions or require additional assistance related

to the implementation of this policy, please contact the Bureau of

Employee Benefits at 717.787.9872.

6. Effective Date

The Effective Date of this HRP is February 15, 2024.

7. Related References

Commonwealth policies, including Executive Orders, Management

Directives, IT Policies, and HRPs are published on the Office of

Administration’s public portal:

http://www.oa.pa.gov/Policies/Pages/default.aspx

8. Publication Version Control

It is the user’s responsibility to utilize the latest version of this

publication, which appears on http://hrm.oa.pa.gov for Commonwealth

personnel and on the Office of Administration public portal:

http://www.oa.pa.gov/Policies/Pages/default.aspx. Questions

regarding this publication are to be directed to 717.787.9872.

HR-WS003 Paid Parental Leave

Page 6 of 6

This chart contains a history of this publication’s revisions:

Version Date Purpose of Revision

Original

10/15/2020

Base Document

Revised

9/17/2021

Updated to be accessible.

Revised

9/14/2022

Updated the definition of Qualifying Events to include

placement for adoption; and exclude placement through

child custody agreements (5. Policy, i.).

Revised

2/15/2024

Updated to provide eight (8) weeks of Paid Parental

Leave and establish additional Qualifying Event criteria.