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Last summer, the State Board of Education approved temporary administrative rules regarding the paid parental leave mandated by Senate Bill 20, which required a paid parental leave policy for employees of all state agencies, public schools, UNC, and community colleges.
The temporary policy, which took affect Oct. 5, 2023, allots up to eight weeks of parental leave for the parent who gives birth, and up to four weeks for other parents, including foster and adoptive parents, as well as legal guardians.
On Wednesday, the Board adopted a permanent rule — first proposed in May — following the required public notice and comment period.
“The permanent rule includes all of the substantive provisions of the temporary rule but also adds additional provisions clarifying the opt-in process for charter schools and the availability of parental leave under circumstances involving adoption, foster care, miscarriage, or stillbirth,” the Board’s meeting agenda says.
According to a Board fiscal note, there are many benefits to providing paid parental leave (PPL). These benefits include time to recover from childbirth, bond with an infant, and manage new caregiving responsibilities, among others.
A formal paid PPL benefit, rather than the unpaid leave previously available under SBE policy, can help public-school employees feel more comfortable taking the time to heal, bond, and care after birth, which allows employees to better balance their work and family obligation. …Paid parental leave can also be an important recruitment and retention tool. …If the public school system can differentiate itself using PPL as a distinctive employee benefit, it would realize significant benefits from better recruitment and retention.
The paid parental leave permanent rule is set to take effect on Oct. 1, 2024. You can read the rule here.
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What does the policy cover?
The General Assembly appropriated $10 million in recurring funds to the Department of Public Instruction (DPI) to fund substitute teachers during paid parental leave. The law applies to requests for paid parental leave for qualifying events occurring on or after July 1, 2023.
The paid parental leave includes “compensation at 100 percent of the eligible employee’s regular, straight-time pay,” the permanent rule says.
The permanent rule divides the eight weeks of available leave to “birthing parents” as follows:
- Four weeks for mental and physical recuperation.
- Four weeks for bonding with the child.
The permanent rule will also limit parental leave when a child is placed up for adoption or into foster care to four weeks for birthing parents.
The updated rule will also establish rules for miscarriages and stillbirths, listed in the screenshot below.
Who qualifies for coverage?
The policy offers part-time, permanent employees the same option on a pro-rata basis, up to eights weeks for a parent who gives birth and up to four weeks for any other qualifying event.
Eligible employees include those hired to fill a permanent, probationary, or time-limited position. The leave will not extend to temporary employees or independent contractors.
To be eligible, employees must have been employed by the public school unit without a break in service “for at least 1,040 hours within the previous 12-month period.”
According to the rule, “the employee may aggregate periods of employment with different employers to satisfy this requirement,” with the exception of non-participating charter schools. In other words, North Carolina public school employees with at least 1,040 hours of service in the last year are eligible for coverage, even if they recently switched school districts.
Under the law, charter schools can choose whether or not to provide paid parental leave. Charter schools must opt in by Oct. 1 each year to receive reimbursement, DPI said, and can do so by contacting DPI’s Office of Charter Schools.
Other things to know about the policy
State law says that school employees can use annual leave, personal leave, or leave without pay in addition to the new paid parental leave.
However, paid parental leave is only available one time during the same 12-month period for an individual employee.
State law requires both parents be allowed to take the leave at the same time even if they work for the same employer.
When possible, employees should provide at least 10 weeks notice in advance of taking paid parental leave, the policy says.Any unused paid parental leave is automatically forfeited 12 months after the data of the qualifying event.
However, the policy says: “The paid parental leave may be used any time during the 12 months following a qualifying event on either a continuous or intermittent basis. A (Public School Unity) PSU shall not deny or delay an employee’s request to use paid parental leave, or otherwise require the employee to use the leave on a prescribed schedule, without the employee’s consent.”
