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Parental and Supplemental Leave

Section 513.3 | Board Report 23-0928-PO4 | Date Adopted September 28, 2023

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THE CHIEF EXECUTIVE OFFICER RECOMMENDS:

That the Chicago Board of Education (“Board”) amend Board Report 17-1206-PO2, the Parental Leave and Supplemental Leave Policy. The policy was posted for public comment from July 28, 2023 to August 28, 2023.

PURPOSE:

To establish eligibility criteria and terms and conditions for leaves for employees of the Board of Education in accordance with Board Rule 4-12 which are supplemental to leaves under the Family and Medical Leave Act. This policy is supplemental to the Board’s policy on the Family and Medical Leave Act (FMLA) as amended from time to time. This September 2023 amendment is to update our policies to be in alignment with the City of Chicago’s policies.

POLICY TEXT:

I. Authority

The Chief Executive Officer or designee shall grant paid Parental Leaves and Supplemental Leaves authorized by this policy to eligible employees in accordance with this policy. The Chief Executive Officer or designee may establish additional procedures for leaves as necessary for the efficient administration of this policy.

II. Types of Supplemental Leaves Authorized

This policy authorizes the Chief Executive Officer or designee to grant the following types of leaves and establishes eligibility criteria and other terms and conditions for the leaves authorized under this policy: supplemental child-rearing leaves, supplemental personal illness leaves, and supplemental family illness leaves.

III. Paid Parental Leave

Paid parental leave shall be granted to any regular full-time employee who:

(1) has been employed for a minimum of 12 months; (2) is eligible for a Family and Medical Leave under Board policy and has FMLA available for use; and (3) is the birth or non-birth parent of a child born to the employee’s spouse or civil partner or adopted or fostered by the employee or the employee’s spouse or civil partner. The paid parental leave must be taken within one (1) year of the child’s birth, adoption, or foster care placement. Those acting as a surrogate must also take their parental leave within one (1) year of the child’s birth. The paid parental leave runs concurrently with FMLA leave and will be considered and administered as a FMLA Leave under Board policy.

An eligible employee will receive 100% of base pay for up to twelve (12) continuous work weeks. Paid parental leave may not be taken intermittently and scheduled breaks (winter, spring, summer) will not count toward the continuous twelve (12) weeks. If an employee previously took time off for the birth or placement of the same child when the employee was not eligible for FMLA leave, the available paid parental leave will be reduced by the leave previously taken for the birth or placement of the same child (or multiple children who were born or placed at the same time). Married spouses will not be required to share bonding time.

Paid parental leave must be taken before a biological child turns one (1) year old or prior to the one (1) year anniversary of initial placement in the case of adoption or foster care. Paid parental leave may only be taken once per birth or placement event, which includes the birth or placement of multiple children at the same time. Any unused paid parental leave will be forfeited.

Eligible employees who are acting as gestational surrogates may receive up to eight (8) work weeks of paid leave for their own recovery from routine childbirth. If postpartum complications arise that require additional leave beyond the routine recovery period, the employee may receive up to a maximum total of twelve (12) work weeks of paid leave. Sufficient medical certification must be provided in order to approve the additional leave time. Such paid leave may only be taken once per birth event and must be taken within twelve (12) weeks following the event. Any unused paid leave will be forfeited.

IV. Relationship of Policy to Family and Medical Leave Act Leave of Absence for All Employees Policy

Family and Medical Leave Act (“FMLA”) leaves of absence shall be granted to eligible employees before any leave of absence is granted under this policy. The Board’s policy on FMLA shall govern leaves of absence taken pursuant to the Family and Medical Leave Act. All supplemental leaves of absence for medical or family related reasons provided in this policy shall run concurrent with any FMLA leave granted.

V. Employees Eligible for Supplemental Leaves

All employees, other than substitute teachers, retired teachers, and miscellaneous employees, shall be eligible for supplemental family and medical leaves as set forth in this policy provided that they meet the eligibility criteria set forth in the applicable sections below.

VI. Full-time Appointed (Tenured and Probationary) Teachers, Paraprofessional and School-Related Personnel (PSRPS) – Supplemental Leaves - Eligibility, Seniority, Pay and Duration

VII. Temporarily Assigned Teachers – Supplemental Illness Leaves - Eligibility, Seniority, Pay and Duration.

VIII. Educational Support Personnel, Principals, Assistant Principals, and Certificated Administrators– Supplemental Illness Leaves – Eligibility, Duration, Pay and Seniority.

Seniority/Breaks in Service. Seniority shall not accrue during any unpaid portion of a supplemental personal illness leave granted to educational support personnel, certificated administrators, contract principals or assistant principals.

Policy References

Amends/Rescinds Amends 17-1206-PO2, Amends 05-0824-PO4 (Note: Replaces former Board Rules 4-33, 4-34, 4-37 and 4-37.1 which were repealed by 05-0824-RU1)
Cross References 02-0724-PO02 and Board Rule 4-12 12 [Note: Board Rule 4-12 was amended on August 28, 2013 to eliminate position protection for Principals and Assistant Principals during a supplemental leave and this Rule amendment supersedes any provision in the Supplemental Family and Medical Leave Policy to the contrary.]
Public Comment Pursuant to Board Rule 2-6 this Policy was subject to Public Comment from 7/28/23 – 8/28/23 and adopted at the August 24, 2023 Board Meeting [Board Report 23-0824-PO2]

Policy Managed By Talent Office

773-553-HR4U (4748)

cpsloa@cps.edu

42 W. Madison St.
Chicago, IL 60602