- v1.1: The board agrees that we would like to offer six weeks compensation at some time. Unfortunately it's more than we can afford at our size, however San Francisco requires this of organizations with 20+ people, and we aim to hit this milestone as soon as we can.
- v1.0: Policy as adopted by the board, after discussion and vetting by an HR lawyer.
- v0.9 - First draft. This version is not yet applicable to any employee, but is open to suggestions and corrections.
- Beta 1: General sketch of the policy
In order to assist and support new parents with balancing their work and family, Free Law Project is providing paid parental leave so that new parents can bond with their new family member(s).
Eligible employees are entitled to paid parental leave as their family grows. To be eligible for paid parental leave, you must have been employed by Free Law Project as a full time, salaried, employee for at least six months when the parental leave period begins. These six months need not be contiguous.
In addition, employees must meet one of the following criteria:
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Become the parent or committed partner of a newborn (including through surrogacy).
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Have given birth to a child.
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Have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger). The adoption of a new spouse's child is excluded from this policy.
Eligible employees may take both paid and unpaid leave after an eligible event.
Upon an employee's return, Free Law Project will make reasonable effort to return that employees to the same or a similar position as before their leave, subject to staffing and business requirements.
Eligible employees that have been employed for at least 18 months will receive a maximum of five weeks of paid parental leave per birth, adoption, or placement of a child/children. Eligible employees that have been employed for at least six months will receive a maximum of four weeks of paid parental leave per birth, adoption, or placement of a child/children.
Multiple births, adoptions or placements (e.g., the birth of twins or adoption of siblings) does not increase the total amount of paid parental leave granted for that event. In addition, in no case will an employee receive more than eight weeks of paid parental leave in a rolling 12-month period.
Paid parental leave is compensated at 100 percent of the employee’s regular salary according to our normal payment schedule.
Approved paid parental leave may be taken at any time during the nine-month period immediately following the birth, adoption or placement of a child with the employee, and need not be contiguous.
In the event of an employee who has given birth, paid parental leave will commence at the conclusion of any short-term disability leave/benefit provided to the employee for the employee’s own medical recovery following childbirth.
Upon termination of the individual’s employment at the company, they will not be paid for any unused paid parental leave for which they were eligible.
After taking paid leave, eligible employees may take additional unpaid leave, not to exceed twelve weeks of combined paid and unpaid leave.
Paid parental leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster care, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other requirements and provisions under the FMLA will apply. In no case will the total amount of leave—whether paid or unpaid—granted to the employee under the FMLA exceed 12 weeks during the 12-month FMLA period.
After the paid parental leave (and any short-term disability leave for employees giving birth) is exhausted, the balance of FMLA leave (if applicable) will be compensated through employees’ accrued sick and vacation time. Upon exhaustion of accrued sick and vacation time, any remaining leave will be unpaid leave.
The company will maintain all benefits for employees during the paid parental leave period as if they were taking any other company paid leave such as paid vacation leave or paid sick leave. As such, paid time off and vacation days will not accrue while employees are on a parental leave.
An employee who takes paid parental leave that does not qualify for FMLA leave will be afforded the same level of job protection for the period of time that the employee is on paid parental leave as if the employee were on FMLA-qualifying leave.
Employees must provide his or her supervisor with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible).