POLICY

A. Purpose

Lawrence Berkeley National Laboratory (Berkeley Lab) recognizes that supporting our employees’ needs to balance career and family life benefits employees and their families, as well as Berkeley Lab.

Leave under this policy provides an eligible parent with approved paid leave to care for and bond with a newborn or a newly adopted child. This Paid Parental Leave policy serves as an addition to paid leave already provided by Berkeley Lab’s existing Sick Leave and Vacation Leave policies.

B. Persons Affected

• This policy applies to eligible non-represented employees.
• Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Requests for exceptions that exceed what is allowed under this policy, or that are not expressly addressed, are considered exceptions to policy. A request for a policy exception requires, at a minimum, the approval of the Chief Human Resources Officer (CHRO).

D. Policy Statement

1. General
1. Berkeley Lab will provide up to four consecutive workweeks (twenty working days) of Paid Parental Leave to eligible employees to bond with their newborn child or a child the employee has adopted.
2. Leave must be initiated and concluded within one year from the birth or placement of the child.
3. Eligible part-time employees will be provided Paid Parental Leave on a pro-rata basis relative to the employee’s appointment percentage at the time leave is taken.
4. During Paid Parental Leave, employees will receive pay at the employee’s regular base rate at the current appointment percentage.
2. Eligibility and Authority
   1. The following employee classifications are eligible for Paid Parental Leave: Career, Term, Visiting Researchers, and Limited working 50% or more (fixed time).
   2. Employees are eligible for Paid Parental Leave if one of the following occurs:
      1. The employee has recently given birth to a child.
      2. The employee’s spouse or qualifying domestic partner has recently given birth to the employee’s child.
      3. The employee has recently adopted a child.
      4. The employee is having a child via gestational carrier (surrogate) or donor genetic material.
   3. Paid Parental Leave is available to eligible employees immediately upon hire.
   4. Eligibility is established as of the date of the child’s birth or, in the case of adoption, the date the child is placed with the employee. In the case of adoption, the child must be under 18 years of age at the time of placement with the employee and for the full duration of the Paid Parental Leave period.
   5. Employees experiencing stillbirth or miscarriage after the end of the first trimester of pregnancy will be eligible for leave under this policy. Leave under this policy is not available to an individual experiencing a miscarriage in the first trimester of pregnancy. However, the individual may be eligible for Family and Medical Leave (FML) for a serious health condition or pregnancy disability under the Family and Medical Leave  policy.
   6. During any period of Paid Parental Leave, employees are considered on leave status and should not engage in work activities. Employees should coordinate with their supervisor to plan for return from leave to their regular position and resumption of work activities.
3. Usage
   1. Paid Parental Leave may be used following the birth or adoption of a child provided all eligibility requirements and other conditions of this policy are met.
   2. Paid Parental Leave must be initiated and concluded within one year of the birth of the child or, in the case of adoption, the date the child is placed with the employee. If an employee does not exercise the option to take any or all Paid Parental Leave under this policy within one year of the birth or placement of the child, that option is forfeited.
   3. Paid Parental Leave may be used in consecutive weeks (in one continuous block of time) or taken intermittently on two occasions of no less than two weeks in duration each.
   4. This policy provides for one Paid Parental Leave per employee per birth/adoption event. The number of children involved in any given birth or adoption does not increase the length of Paid Parental Leave granted for that event. However, an eligible employee may qualify for Paid Parental Leave more than once within a 12-month period if there are separate occurrences of birth and/or adoption.
   5. If eligible spouses or qualifying domestic partners are both employed by Berkeley Lab, they would each qualify for up to four workweeks of Paid Parental Leave per birth or adoption event.
   6. This policy does not authorize the pay out of any unused portion of Paid Parental Leave upon separation from employment and does not authorize any type of carry-over into the future.
4. Notification
   1. Employees may apply for Paid Parental Leave by notifying their supervisor and contacting the Integrated Disability & Absence Management team regarding the request and intent to take leave. Spouses, qualifying domestic partners, or designated family members may submit the request on employees’ behalf if employees are not physically able to do so on their own.
   2. Employees are required to apply for Paid Parental Leave at least 30 calendar days in advance if the need for leave is foreseeable; if the need for leave is not foreseeable, employees should provide as much prior notice as possible. Failure to provide appropriate notice may result in a postponement of the Paid Parental Leave period based on operational need.
   3. The Integrated Disability & Absence Management team will provide employees requesting leave with information about whether they are eligible for Paid Parental Leave and, if so, specify any additional information required to process and approve the leave. If  employees are not eligible for Paid Parental Leave, the Integrated Disability & Absence Management team will provide the reason for ineligibility and advise if alternate leave policies may apply.
5. Certifications and Documentation. Employees initiating Paid Parental Leave will be required to provide an attestation of family relationship and birth or adoption necessary to support the need for Paid Parental Leave (consistent with those required to enroll the child into Health and Welfare benefits). Such documentation must be provided directly to the Integrated Disability & Absence Management team.
6. Coordination of Leave and Pay. Employees requesting Paid Parental Leave may also qualify for FML taken as Pregnancy Disability Leave or Parental Bonding Leave under the Family and Medical Leave policy.
   1. Pregnancy Disability Leave. Employees on approved Pregnancy Disability Leave may begin using Paid Parental Leave only after disability leave payments end.
   2. Paid Parental Leave runs concurrently (at the same time) with FML and does not extend the maximum FML leave period beyond 12 workweeks in a calendar year.

   3. The following chart displays the interplay of Paid Parental Leave with FML Parental Bonding Leave:

      Participant Type	Eligibility for FML under the FMLA/CFRA	FML Parental Bonding Leave	Laboratory’s Paid Parental Leave
      Lab employees who are birth mothers OR Lab employees whose spouse or domestic partner has given birth to their child	If eligible for FML under the FMLA/CFRA	Amount of Leave: Up to 12 workweeks, provided the leave is taken before the baby’s first birthday. This leave would be under the FMLA and/or CFRA, depending on the amount of leave entitlement the employee has remaining under each statute. This leave runs concurrently) with Paid Parental Leave. Pay Status: Leave is unpaid except for the portion that runs concurrently with Paid Parental Leave. Employee may use accrued leave (vacation, sick leave) in accordance with the Lab’s Family and Medical Leave  policy during the portion of the leave that would otherwise be unpaid.	Amount of Leave: Up to four workweeks, which would run concurrently with the employee’s FML Parental Bonding Leave, provided the leave is taken before the baby’s first birthday. Pay Status: Employee will receive pay at the employee’s regular base rate at the current appointment percentage, excluding any shift differential or other compensation.
      	If not eligible for FML under the FMLA/CFRA	Amount of Leave: Not eligible unless/until employee qualifies for FML under the FMLA/CFRA. Pay Status: N/A	Amount of Leave: Up to four workweeks, provided the leave is taken before the baby’s first birthday. Pay Status: Employee will receive pay at the employee’s regular base rate at the current appointment percentage, excluding any shift differential or other compensation.
      Lab employees who adopt a child	If eligible for FML under the FMLA/CFRA	Amount of Leave: Up to 12 workweeks, provided the leave is taken within 12 months of the child’s placement. This leave would be under the FMLA and/or CFRA, depending on the amount of leave entitlement the employee has remaining under each statute. This leave runs concurrently with Paid Parental Leave. Pay Status: Leave is unpaid except for the portion that runs concurrently with Paid Parental Leave. Employee may use accrued leave (vacation, sick leave) in accordance with the Lab’s FML policy during the portion of the leave that would otherwise be unpaid.	Amount of Leave: Up to four workweeks, which would run concurrently with the employee’s FML Parental Bonding Leave, provided the leave is taken within 12 months of the child’s placement. Pay Status: Employee will receive pay at the employee’s regular base rate at the current appointment percentage, excluding any shift differential or other compensation.
      	If not eligible for FML under the FMLA/CFRA	Amount of Leave: Not eligible unless/until employee qualifies for FML under the FMLA/CFRA. Pay Status: N/A	Amount of Leave: Up to four workweeks, provided the leave is taken within 12 months of the child’s placement. Pay Status: Employee will receive pay at the employee’s regular base rate at the current appointment percentage, excluding any shift differential or other compensation.

7. Benefits Continuance. While on Paid Parental Leave, the employee’s health and welfare benefits will continue as if the employee is actively working. This means the employee is considered to be on “paid status,” and the employee’s portion of benefit premiums (if any) will be deducted as usual by the payroll office. For questions about benefits continuance during FML taken as Parental Bonding Leave beyond the four workweeks of Paid Parental Leave, refer to the Family and Medical Leave  policy.

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

H. Contact Information

For more information, employees may contact the Berkeley Lab Integrated Disability and Absence Management (IDAM) team at (844)361-4594 or [email protected].

Feedback on human resources policies or procedures is welcomed. Send comments to [email protected].

I. Implementing Documents

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

None

Implementing Documents