A male or female employee who has been employed by the Conservatory for at least three (3) consecutive months as a full-time employee is eligible for an unpaid leave of absence not to exceed eight weeks for the purpose of the birth or for adopting a child under the age of eighteen, or for adopting a child under the age of twenty-three if the child is mentally or physically disabled. This law also expands the scope of covered events where leave may also be taken for the placement of a child pursuant to a court order. The employee must give notice as soon as practical if the delay is for reasons beyond the individual’s control. The employee must also give notice of his/her intention to return. The employee shall be restored to his/her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of his/her leave, unless other employees of equal seniority and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such leave. Any two employees of the same employer shall only be entitled to a total of eight weeks of parental leave.
Use of Vacation, Sick and Personal days:
A. Use of accrued but unused vacation or personal time: Employers cannot require an employee to use his/her accrued paid leave or personal time concurrently with all or part of his/her parental leave, even if such requirement is imposed upon similarly situated persons who take leave for other reasons.
B. Use of sick days: An employer may not require an employee to use his/her accrued sick leave for any part of his/her parental leave that satisfies the employer's sick leave policy, even if the employer requires its employees to use accrued sick leave for other types of absences that satisfy the employer's policy.