Policy #2108
Parental Leave Guidelines for Instructional Faculty

Date of Current Revision: January 2005
Responsible Office: Provost and Vice President for Academic Affairs
  1. PURPOSE

    This policy provides the procedures for faculty members to arrange for the exercise of their Family Medical Leave because of pregnancy, childbirth, adoption, and placement of foster children. It is not a substitute for, but is meant to supplement, Policy 1308 – Family and Medical Leave.
  2. AUTHORITY

    The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where this authority has not been exercised by the board, it is delegated to the president.
  3. DEFINITIONS

    Instructional Faculty:
    The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties. Previously, this may have been referred to as ‘T&R Faculty’.

    Expectant faculty member:
    A faculty member who is expecting to be the parent of a child, either through birth or adoption.
  4. APPLICABILITY

    This policy relates to all Instructional faculty members who are covered by the terms of the policy on Family and Medical Leave, Policy 1308.

    This policy applies to leave associated with pregnancy, childbirth and recovery, adoption, and placement of foster children in the home of a faculty member.
  5. POLICY

    The medical conditions associated with pregnancy, miscarriage, childbirth, and recovery, are defined as medical disability and shall be treated as such by James Madison University. Medical disability due to these conditions shall be considered as any other disability for full-time faculty regardless of the marital status of the individual. Comments about the appropriateness of becoming pregnant and/or the timing of the pregnancy may be construed as a form of sexual harassment under university Policy 1324.

    The granting of leave under this policy shall not be a factor in decisions related to merit pay, tenure, or promotion. Individuals on parental leave shall be released from all university responsibilities. Such individuals shall not be expected to find a replacement or to contribute to committee work. Telephone calls are to be made to the individual on parental leave at mutually agreeable times. .
  6. PROCEDURES

    6.1 Pregnancy and childbirth
    The expectant full-time faculty member shall provide his/her supervisor with a physician's statement estimating date of delivery, date agreed upon to cease work, and estimated date of return to work. This statement should be submitted to the supervisor at least 90 days prior to the date to cease work in order to allow sufficient time for a replacement to be secured. Should any of these dates change, an additional statement from the physician should be secured and given to the supervisor.

    6.2 Adoption and Placement for Foster Care
    Full-time Instructional Faculty members may be granted leave upon the adoption of a child or placement in the faculty member’s home of a foster child.

    Instructional Faculty members adopting children shall provide a statement of intent to their supervisor immediately. This statement shall include the estimated date to cease work and the anticipated date to return to work. This statement should be given to the supervisor so as to allow sufficient time to secure a replacement. Should any of these dates change, the individual shall submit a revised statement to the supervisor.
  7. RESPONSIBILITIES

    Instructional Faculty members are responsible for informing their supervisors of the need for parental leave.

    Academic unit heads and supervisors are responsible for finding replacements for faculty members on parental leave, and for coordinating the coverage within their academic units or departments.

    The Human Resources Office is responsible for implementation of Policy 1308 concerning Family Medical Leave.
  8. SANCTIONS

    Failure to follow the procedures in this policy may result in appropriate sanctions, up to and including dismissal from employment.
  9. EXCLUSIONS

    This policy does not apply to individuals who are not covered by the Family Medical Leave policy, Policy 1308, nor does it apply to Administrative & Professional Faculty members.

    This policy does not apply to or address those employees enrolled in the Virginia Sickness and Disability Program.
  10. INTERPRETATION

    The authority to interpret this policy rests with the president, and is generally delegated to the Vice President for Academic Affairs.
Original Version: June 26, 2001

Approved:
May 2002
Linwood H. Rose, President
Index of Terms

Adoption
Childbirth
Family leave
Foster care
Maternity leave
Parental leave
Pregnancy