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Paid Parental Leave
Clemson University offers Paid Parental Leave (PPL) to eligible employees for the birth, adoption or foster care placement of a child on or after October 1, 2022.
Governor Henry McMaster signed into law S. 11, which amends the SC Code of Law to provide Paid Parental Leave to employees who occupy any percentage of a full-time equivalent (FTE) position. Paid Parental Leave will provide paid leave at one hundred percent of any eligible employee's base pay for a child's birth, adoption or foster care placement occurring on or after October 1, 2022.
Employees occupying any percentage of a full-time equivalent (FTE) position are eligible immediately without a waiting period. Employees in non-FTE positions, such as temporary time-limited (TLP), temporary grant (TGP) and other non-FTE positions, do not qualify for PPL.
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Paid Parental Leave Benefits
- Paid Parental Leave (PPL) is paid at 100% of the employee's base pay and does not include any additional pay, such as overtime or supplements.
- PPL for part-time FTE employee's pay will be prorated based on the percentage of their average weekly hours.
- Employees will accrue annual and sick leave at their normal rate and receive holiday pay while on PPL, if applicable.
- The amount of paid leave depends on the reason for the leave: birth, adoption or foster care placement.
- Paid parental leave must run concurrently with Family Medical Leave (FMLA). However, the eligible employee will receive PPL even if they do not qualify for FMLA.
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Birth of a Child
- Eligible employees who give birth to a child on or after October 1,2022, are entitled to six weeks of paid parental leave.
- Eligible employees whose co-parent gives birth to a child are entitled to receive two weeks of paid parental leave.
- Paid Parental Leave must be taken consecutively, not intermittently. Once PPL has begun, the employee must continue the leave until the leave is exhausted or the employee chooses to return to work. Any leave remaining when the employee returns to work is forfeited.
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Adoption
- Eligible employees who are primarily responsible for furnishing the care and nurture of their child (under the age of 18) initially placed for legal adoption on or after October 1, 2022, are entitled to six weeks of paid parental leave.
- Eligible employees who are not the primary caretaker of their child (under the age of 18) initially placed for legal adoption on or after October 1, 2022, are entitled to two weeks of paid parental leave.
- Only one eligible State employee may be designated the parent primarily responsible for furnishing the care and nurture of their child.
- Paid Parental Leave must be taken consecutively, not intermittently. Once PPL has begun, the employee must continue the leave until the leave is exhausted or the employee chooses to return to work. Any leave remaining when the employee returns to work is forfeited.
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Foster Care
- Eligible employees who foster a child under the age of 18 in state custody are entitled to receive two weeks of paid parental leave.
- Paid Parental Leave may be taken consecutively or upon request and approval in two, one-week increments. The employee may not take PPL in increments smaller than one week.
Paid Parental Leave Resources
Requesting Paid Parental Leave
Employees must request Paid Parental Leave (PPL) by submitting a request form identifying the leave to which they are entitled (birth, adoption, or foster care placement). Requests should be submitted at least 30 days prior to the qualifying event. If a 30-day notice is not possible, an employee is required to provide notice as soon as practicable.
Documentation should be submitted within thirty (30) days of the birth, initial legal placement for adoption, or foster care placement or as soon as is practical after the documentation becomes available.
All PPL requests are subject to review by the Office of Human Resources (OHR). Employees will be notified by OHR within five business days of receiving all required documentation if the PPL leave request is approved.
An employee may withdraw their request for PPL at any time prior to the start of the PPL by submitting their request in writing to empins@clemson.edu. Please note that an employee on FMLA leave may not use leave without pay if PPL is available.
Contact Ask-HR with questions.
FAQ
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How would an employee determine if they are in an FTE position to qualify for PPL?
An employee would confirm with their Supervisor of Department their position type.
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Does PPL have to be taken immediately following the birth, adoption, or foster care placement?
No. PPL may be taken at any point in the twelve months following the qualifying event. However, if the employee is taking FMLA leave they would have to use PPL prior to taking LWOP for the time on FMLA leave.
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Can PPL be used prior to the birth, adoption or foster care placement?
No. PPL can only be used on or after the date the qualifying event occurs. However, the employee may be eligible for FMLA and/or other types of leave.
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If a 9-month employee occupies FTE and has a qualifying event during the time they are not scheduled to work, are they eligible for PPL?
Yes, less than 12-month employees who occupy FTE positions are eligible even if the qualifying event occurred during the time they were not scheduled to work (as long as the qualifying event occurred on or after October 1, 2022 and as long as the employee would otherwise be eligible on the day the event occurred). In this situation, the employee can receive PPL within 12 months of the qualifying event, but the PPL must be awarded during the time the employee is regularly scheduled to work. Employees cannot receive PPL during the time they are not scheduled to work.
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If an employee is on paid military leave and gives birth, adopts, or fosters a child are they eligible for PPL?
If the employee is on paid Short Term Military Training Leave, they are eligible. However, if the employee is on a Long-Term Military Leave of Absence, the employee would not be eligible for PPL.
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Additional Questions
If an employee is in an FTE position and is taking PPL leave and then moves to a non-FTE position prior to exhausting their two or six weeks of PPL, is the employee able to take the remaining PPL while occupying a non-FTE position?
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No. The employee’s PPL would end when they move to the non-FTE position even if they have not exhausted their two or six weeks of leave.
Is PPL available for surrogacy or a no-biological child conceived through in vitro fertilization?
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While not specifically included in the Paid Parental Leave Bill, through its authority to promulgate guidance the Division of State Human Resources has determined the birth of a child through surrogacy or in vitro fertilization to an eligible state employee will be considered a qualifying event.
If an employee is on Leave Without Pay and experiences a qualifying event, are they eligible for PPL?
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Yes, as long as the employee would otherwise be eligible to use other paid leave types if available (sick leave, annual leave, etc.). However, if an employee is suspended pending an investigation or for disciplinary reasons, they would not be able to substitute any type of paid leave, including PPL, for the time they are suspended.
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