Leave Options for New or Expectant Parents

The Family Medical Leave Act (FMLA) provides up to 12 weeks of job protected, unpaid leave on a rolling calendar basis for you, if you have:

Worked in the UVA Academic Division or UVA Medical Center for at least 12 months prior to the start of the leave date, and

Worked 1,250 hours in the 12 months immediately preceding the leave start date.

This leave can be utilized for a serious health condition (including pregnancy) or to bond with a new child.

To receive pay while on FMLA, you may utilize your own paid time off, Paid Parental Leave, or Short-Term Disability, if these paid benefits are available. 

Note that University Medical Center team members are required to use PTO for periods of FMLA only outside of the Short Term Disability elimination period per the Medical Center Leaves of Absence Policy. 

To determine your eligibility for FMLA and apply for the leave, contact UNUM at 866.269.0979.

FMLA can be utilized on a continuous or intermittent basis. See the FAQ section for further details of when Intermittent FMLA may apply. 

If a you become eligible for FMLA after the birth of your  child, you may still take the leave if it is within 12 months of the birth of a child.

Information about Paid Parental Leave is below. 

References:

Leaves of Absence See the FMLA section for your employee category

Disability Benefits 

Short-Term Disability benefits prior to or following the birth of a child are available to benefited Academic Division staff and Medical Center team members, Faculty Members, and Professional Research Staff, based on their length of service or classification.

Short Term Disability options:

• Academic Division VRS Retirement Plan To initiate a Short-Term Disability claim under this plan, contact Alight at 877.928.7021.

• Academic Division ORP Retirement Plan Faculty and Staff To initiate a Short-Term Disability claim under this plan, contact UNUM at 866.269.0979.

• Medical Center Team Members To initiate a Short-Term Disability claim under this plan, contact UNUM at 866.269.0979.

Further details of these plans, including benefit amount, can be found on the Disability Benefits section of the HR website.

Short Term Disability benefits require a medical condition related to pregnancy or birth:

If you give birth, and you are eligible for Short Term Disability benefits, they are typically approved for 6 to 8 weeks after birth including the waiting or elimination period for your plan. 

Paid Parental Leave for staff offers up to 8 weeks of job protected, paid leave for parents who are employed with UVA. Faculty have additional options. As part of UVA’s comprehensive benefits package, this benefit provides time for eligible UVA employees to bond with their child within the first six months of birth, adoption, or legal placement.

If both parents work at UVA and are eligible, they each may use the UVA Paid Parental Leave benefit at the full duration per parent. All eligible UVA employees may approved for 100% of their salary for up to a full eight (8) weeks. Pay is through the normal pay cycle. Funding is paid through departmental budgets.

Eligibility for Paid Parental Leave may vary according to employee classification. See the below linked policies for additional information.

UVA Paid Parental Leave may be used only once per child and only once within a 12-month period. Unused parental leave is forfeited.

If you become eligible for Paid Parental Leave after the birth of your child, you may still take the leave if it is within 6 months of the birth of the child. Parental Leave must end at 6 months after the birth or placement of the child. 

University Staff  

Apply for Parental Leave by contacting UNUM at 866-269-0979.

You must have been in a benefited position with the UVA Academic or Medical Center for 12 consecutive months. 

Eligibility for adoption, foster, and legal placement begins when a child is initially placed in your care. You may not utilize Parental leave after the child has resided with you for over 6 months. 

Holidays – If an official University holiday occurs during paid parental leave, the University staff employee will receive paid parental leave pay in lieu of holiday pay.

Note the policy includes a provision for loss of pregnancy at 20 weeks or later and death of a child shortly after birth. The provision does not apply for loss, including death prior to 20 weeks. Bereavement leave may be utilized for loss prior to 20 weeks. 

Medical Center Team Members 

Apply for Parental Leave by contacting UNUM at 866-269-0979.

You must have worked in the UVA Academic Division or UVA Medical Center for at least 12 months, in a benefited position, prior to the start of the leave date, and

You must also be in a benefited position at the time you take your leave.

Eligibility for adoption, foster, and legal placement begins when a child is initially placed in your care. You may not utilize Parental leave after the child has resided with you for over 6 months. 

Note the policy includes a provision for loss of pregnancy at 20 weeks or later and death of a child shortly after birth. The provision does not apply for loss, including death prior to 20 weeks. Bereavement leave may be utilized for loss prior to 20 weeks. 

Classified Staff 

Contact UNUM to apply for FMLA at 866.269.0979.

Reach out to leave@virginia.edu to receive the Parental Leave application form.

You must be eligible for FMLA to be eligible for Parental Leave: 

Eligibility for adoption, foster, and legal placement begins when a child is initially placed in your care. You may not utilize Parental leave after the child has resided with you for over 6 months. 

Faculty

Request Parental Leave through your department. Please see the Provost site for Parental Leave guidance.

To apply for FMLA or Disability benefits, contact UNUM at 866.269.0979.

Professional Research Staff  

Request Parental Leave through your department.

To apply for FMLA , contact UNUM at 866.269.0979.

Options and scenarios can be found in the FAQ section below.

University Staff and University Medical Team Members:

• Short Term Disability

The length of benefits may be extended if any complications arise before or after birth. After the disability benefit period ends you may take Paid Parental Leave or you may delay the Parental Leave for up to 6 months after the birth of a child. For example you could opt to take FMLA with your Short Term Disability and finish out your FMLA balance before starting Parental Leave. This could put you out up to 20 weeks, if you are eligible.

If you are eligible for Short Term Disability but do not utilize the benefit immediately after birth or end your benefit period early, then you may not be eligible for continued benefits if complications later arise related to the birth of your child.

If you are ineligible for FMLA, you may be approved for Medical Leave which would just cover the period of post partum recovery, typically 6 to 8 weeks as noted above. This leave can run concurrently with Short Term Disability benefits. UNUM manages this leave as well. 

• FMLA with Paid Parental Leave

You may start your Paid Parental Leave following your Short Term Disability benefits (birthing parent only), FMLA would run concurrently with this option or

You may take Parental Leave with FMLA for duration of Parental Leave benefit (up to 8 weeks) or

Parental Leave (up to 8 weeks) followed by remaining FMLA balance (up to 4 more weeks) that would require pay via your own paid time off or taken as unpaid leave.

Note that University Medical Center team members are required to use PTO for periods of FMLA only outside of the Short Term Disability elimination period per the Medical Center Leaves of Absence Policy. 

• Intermittent FMLA for bonding:

Intermittent child bonding leave may require departmental approval. Paid Parental Leave for Medical Center and University staff is unavailable on an intermittent basis although you could take FMLA intermittently. You would apply through UNUM and the HR Leave team will confirm if your department approves of the schedule. 

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Faculty and PRS: 

• Disability and FMLA options are the same as staff, contact UNUM to apply; however, Parental Leave is managed by your department. Please work with your department regarding your options for this leave. 

Classified Staff: 

• Disability and FMLA options are the same as staff, please reach out to the HR Leave Team regarding Parental Leave options. 

University Medical Center Team Members

• Birth parents may contact UNUM to apply for Medical Leave of Absence. This leave option is available on a continuous basis to team members who are ineligible for FMLA but have a serious health condition, such as the birth of a child and prior to or after delivery of a child if complications arise.

• While this leave option does not provide job protection like FMLA or Paid Parental Leave, there might be other protections (see Virginia code 2.2-3909) related to pregnancy and birth of a child that may address this period of absence. Typically, Medical Leave after the birth of a child is approved for six to eight weeks depending on the delivery type. To apply for Medical Leave, contact UNUM at 866.269.0979.

• Note that University Medical Center team members are required to use PTO for periods of Medical Leave only outside of the Short Term Disability elimination period and if utilizing Personal Leave per the Medical Center Leaves of Absence Policy.

• University Medical Center team members who are not a birth parent, or for birth parents seeking additional time off after the birth of a child, you may apply for Personal Leave of Absence through your department. Personal Leave is approved by your supervisor and subject to staffing needs. This leave does not provide job protection; however, due to staffing needs a manager may approve the leave on a conditional or unconditional basis.

• The Personal Leave request form can be found via the following link: Personal Leave Request Form.

• University Medical Center team members who approved for Medical Leave by UNUM due to the birth of a child may request PTO Donations if they will exhaust their own paid time off over the course of their approved leave period. Complete the request form and return to your supervisor who will send it on to the HR Leave team. 

Classified Staff and University Staff

• Contact UNUM to determine your eligibility for a medically related absence. If leave time is needed for employees who do not qualify for FMLA or Short-Term Disability, arrangements may be made with the department.

• If your department grants a period of personal leave, outside of leave approved by the leave or disability vendor, they should notify the Leave Team of the approved dates. The Leave Team will place you on a Personal Leave status in Workday to track your leave time. If the department or the employee has additional questions about these options, contact leave@virginia.edu.

Please see the Leaves of Absence page for details about benefits and PTO accruals on a Personal leave. For a Personal Leave without pay, both employee and employer premiums will be due. 

Faculty and PRS

Please work with your department for leave options. 

You will not need to submit a timecard during your approved absence period with the exception of any hours worked in the period preceding the start of your leave of absence.

During an absence with no paid benefit (FMLA, Medical Leave, or Personal Leave)

• If you are approved for a leave of absence, notify your supervisor if you wish to use your own paid time off for any unpaid period during your leave of absence or prior to the approval of any paid benefits, so your manager can enter that time into the respective system (Kronos or Workday).

• Note that University Medical Center team members are required to use PTO for periods of FMLA only outside of the Short Term Disability elimination period per the Medical Center Leaves of Absence Policy. 

During an absence with a paid benefit (Short-Term Disability, Paid Parental Leave)

• If you are approved for Short-Term Disability, notify your supervisor if you wish to use your own paid time off for any waiting or elimination period before your STD benefits begin, so that your manager can enter that time into the respective system (Kronos or Workday).

• If you are approved for Short-Term Disability and your benefits will be paid at less than 100% of your income, notify the HR Leave team if you wish to supplement your STD pay with your own paid time off, by emailing leave@virginia.edu.

• If you are unsure about your disability benefit pay percentage, further details of these plans can be found on the Disability Benefit webpage of the HR website.

• If you are approved for Short-Term Disability or Paid Parental Leave, the Leave Team will enter a leave status into Workday that will drive your pay for those periods. This is for both Academic division employees and Medical Center team members. 

• Pay for Short-Term Disability and Paid Parental Leave will follow the regular pay schedule and method of payment. If any benefit approvals are received retroactively, your pay will be applied to your next paycheck. 

 

University Medical Center team members

Continue to accrue PTO for 4 full pay periods while on a paid leave of absence. After 4 full pay periods on leave, PTO accruals will be suspended until you return to work. Team members will not accrue PTO while on unpaid leave.

Classified staff 

Continue to accrue Annual Time Off for 90 days while on a paid leave of absence. After 90 days, accruals will be suspended until you have returned to work. Classified staff will not accrue any Annual Time Off for any pay period that includes unpaid leave.

University staff 

Continue to accrue University Staff Time Off while on an approved leave of absence status.

Benefits will continue during your leave of absence unless you request to waive benefits for a period of unpaid absence.

If you are on any period of Leave Without Pay (LWOP), you will owe the premiums for your benefits. For unpaid absences less than sixty days, benefits will be held in arrears and taken from the next check where pay is received. For unpaid absences over 60 days, employees will receive an invoice for premiums due.

For information about various leave options, including impact on benefits and pay, please see the Leaves of Absence page.

If you need time off intermittently due to a serious health condition for yourself or your spouse or child after delivery, contact Unum to determine your eligibility for FMLA.

After the birth of a child, if you would like to take FMLA leave for bonding, discuss your needs for intermittent leave with your manager. You may request to take FMLA leave for bonding on an intermittent basis, but only with departmental approval. UNUM will still need to determine if you are eligible or if your request qualifies for FMLA bonding. 

University Staff and University Medical Center team members may not take the Paid Parental Leave benefit intermittently. Eligible employees may take up to 8 weeks of Paid Parental Leave consecutively. Once you return to work, any remaining Paid Parental Leave time is forfeited.

For details regarding tracking of intermittent FMLA, please refer to the Leaves of Absence  page. 

Note that University Medical Center team members are required to use PTO for periods of FMLA only outside of the Short Term Disability elimination period per the Medical Center Leaves of Absence Policy. 

FMLA leave for bonding and the Paid Parental Leave benefits are only available for newly placed children in the case of adoption or other legal custodial placement.

For example, if you adopt a stepchild, but the adoption occurs after the child has resided with you for several months, you wouldn’t be eligible to take FMLA leave or Paid Parental Leave for bonding with the child.

FMLA

Allows an eligible employee to take up to twelve weeks of unpaid, job-protected leave to bond with a newborn or newly placed child. You may request FMLA leave for bonding with a child who has been newly placed with you within twelve months of placement.

• If the child was placed with you prior to a legal placement or relationship, you would still only have twelve months from the date of the original placement to request to take FMLA time for bonding.

• In the case of adoption, FMLA does allow time off for appointments such as court hearings for the placement process. This is separate from the bonding period after placement of a child. 

• Bonding may only be used once per child and only after legal placement occurs. 

Paid Parental Leave

A benefit that allows eligible employees to take up to eight weeks of paid, job protected leave, to bond with a newborn or newly placed child within 6 months of the birth or placement of the child.

• If the child was placed with you prior to a legal placement or relationship, you would still only have six months from the date of the original placement to request to take Paid Parental Leave time for bonding.

• Bonding may only be used once per child and only after legal placement occurs. 

 

FMLA

• Per the Department of Labor FMLA fact sheet, "FMLA leave may be taken before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be entitled to FMLA leave to attend counseling sessions, appear in court, consult with his or her attorney or the birth parent’s representative, submit to a physical examination, or travel to another country to complete an adoption before the actual date of placement."

• You would need to let your supervisor know as far in advance as possible of your need for leave and contact UNUM to apply for FMLA.

• If you are approved for intermittent FMLA through UNUM you'll need to report any absences to your department according to call out procedures and report time missed within 7 days of using it to UNUM for approval of the specific date and time.

•  For tracking intermittent FMLA, please see the Leaves of Absence page. 

• Parental Leave cannot be taken until the child is placed.

There may be difficulties related to your pregnancy including miscarriage, loss of a child shortly after birth, or a child with medical needs after birth. UVA has attempted to assist parents in these circumstances by providing leave options related to these unfortunate events. Details are included in the various policies.

FEAP may provide options related to your mental and emotional well being when faced with these circumstances. 

For health benefit guidance, you or your loved one may also reach out to Aetna. 

The University Medical Center and University Staff Parental Leave policies now include a provision for loss of pregnancy at 20 weeks or later and death of a child shortly after birth. The provision does not apply for loss, including death prior to 20 weeks. Bereavement leave may be utilized for loss prior to 20 weeks. 

Please don't hesitate to reach out Human Resources in these circumstances via AskHR@virginia.edu or 434.243.3344. Your manager or partner may also reach out on your behalf for guidance.

Contact UNUM (866.269.0979) and the appropriate disability provider to file for leave if additional time away from work is needed due to pregnancy complications. If you are eligible for FMLA leave, you may be eligible for intermittent FMLA leave due to pregnancy-related illness/appointments.

If you are ineligible for FMLA or another absence type required due to pregnancy complications, please reach out to Employee Relations to determine if any other accommodations are available under the Virginia Values act. 

Per Virginia code 2.2-3909, the University of Virginia does not unlawfully discriminate on the basis of pregnancy, childbirth, or related medical issues. You may have a right to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical issues. Reach out to your supervisor or Employee Relations if you have limitations related to pregnancy, childbirth, or related medical issues for which you seek an accommodation. You may be entitled to an interactive process to determine whether a specific accommodation is reasonable.

Under the law, reasonable accommodations may include:

• More frequent or longer bathroom breaks
• Breaks to express breast milk
• Access to a private location other than a bathroom for the expression of breast milk
• Acquisition or modification of equipment or access to or modification of employee seating
• A temporary transfer to a less strenuous or hazardous position
• Assistance with manual labor
• Job restructuring
• A modified work schedule
• Light duty assignment
• Leave to recover from childbirth

See also the Office of Equal Opportunity and Civil Rights resources for Pregnancy.