Applies to: All Staff members at USC locations excluding those claiming student status (including teaching and research assistants)

1. Staff Parental Leave

Issued: January 11, 2021
Last Revised: July 1, 2022
Last Reviewed: July 1, 2022

2. Policy Purpose

USC recognizes that its Staff employees may need time away from work due to the birth (including becoming a parent through surrogacy) or the placement of a child through adoption, legal guardianship, or foster care. Staff employees are allowed time off under this policy to care for the Staff employee’s child within one (1) year of the birth, adoption, or placement of child(ren) pursuant to court orders. Staff employees may be entitled to job-protected leave for qualified medical and family reasons. Please see the USC’s Family and Medical Leave Act (FMLA) /California Family Rights Act (CFRA) Leave Policy, USC California Paid Family Leave (PFL) Plan Document and California Pregnancy Disability (PDL) Policy for further details.

3. Scope and Application

Staff employees, except for those claiming student status (including teaching and research assistants), are eligible for USC’s parental leave programs within one (1) year of the birth or placement date of a child.

In the event of a discrepancy between this policy and an employee’s collective bargaining agreement, the terms of the collective bargaining agreement will govern.

Faculty employees are covered under separate parental leave provisions set forth in the Faculty Handbook and should contact the HR Solution Center, their HR Partner, or Faculty Affairs for more information.

All leaves referenced herein run concurrently with all other leaves to the extent permitted and provided by law. Similarly, all benefit payments provided under this policy run concurrently with all other benefits, as permitted by law.

4. Definitions

Illustration Definitions

The illustrations provided in this policy are meant as examples of common scenarios to assist in understanding Staff parental leaves. Individual experience will vary depending on the Staff’s unique situation.

Item	Definition
Sick/Vac/PTO	Sick/Vac/PTO includes the amount of income replacement that the parent may elect to use from their sick, vacation or PTO accrual balances to increase their pay when not receiving 100% of their earnings
USC Funding	USC Fundingincludes the amount of income replacement that USC is providing to the parent as an added benefit
Benefits	Benefitsinclude the amounts of income replacement that the parent is receiving through Short-Term Disability (STD) and/or California Paid Family Leave (PFL)
Leave Entitlements	Leave Entitlementsinclude the unpaid statutory time-off and USC Workday leave types

5. Policy Details  

Leave Types

Leaves	Description of Benefits
USC Pregnancy Disability Plans	USC provides up to ten (10) weeks of paid leave for benefits eligible birth giving parents after the birth of a child. A portion of the leave will be paid through the USC disability program Generally, for the period following delivery, disability programs will provide benefits for a period of six (6) weeks after delivery or (8) weeks after delivery for a cesarean birth, minus a (7) day wait period if not admitted for hospitalizationUSC Basic Plan only: 70% of base pay, with a weekly maximum capUSC Supplemental Plan (if birth parent is already enrolled): 100% of base pay for up to ten (10) weeks (birth parents receive one (1) week of base pay for each year of USC service up to a maximum of ten (10) weeks); after that, employees are paid at 80% of base pay. Benefits are determined on medical certification filed from a physician/practitioner.can receive disability benefits before your expected delivery date if confirmed by your physician/practitionerTo the extent the disability period falls short of 10 weeks, the   remaining weeks will be paid at the equivalent of the benefits eligible birth parent’s disability rate by USC for baby bonding time   Note: These 10 weeks must be exhausted prior to the activation of California Paid Family Leave (PFL).  For eligible birth giving parents, CFRA for baby bonding will commence at the end of the period during which the birth giving parent is disabled, assuming the birth giving parent remains on leave.
State of California Pregnancy Disability Insurance (SDI)	SDI will provide benefits up to six (6) weeks paid leave after delivery or (8) weeks paidleaveafter delivery for a cesarean birth, minus a (7) day waiting period California SDI only: 60-70% of base pay, with a weekly maximum cap  In some cases, your physician/practitioner may certify to longer periods if there are medical complications or if you are unable to perform your normal or usual job duties prior to or after the birthYou can receive disability benefits before your expected delivery date if confirmed by your physician/practitioner   Note: These 6-8 weeks must be exhausted prior to the activation of California Paid Family Leave (PFL).  For eligible birth giving parents, CFRA for baby bonding will commence at the end of the period during which the birth giving parent is disabled, assuming the birth giving parent remains on leave.
California – Pregnancy Disability Leave (PDL)	Provides up to four (4) months (17 1/3 weeks) of job protected leave due to pregnancy, childbirth, or related medical conditions due to pregnancy.  This leave is unpaid, but may overlap with a period during which you are receiving paid benefits
Family Medical Leave Act (FMLA)	Provides up to twelve (12) weeks of job protected leave within the child’s first year following birth or placement date OR for a serious pregnancy-related health conditionWhen used for baby bonding, FMLA runs concurrently with CFRAWhen used for a pregnancy-related health condition, FMLA runs concurrently with PDLThis leave is unpaid, but may overlap with a period during which you are receiving paid benefits
California Family Rights Act (CFRA)	Provides up to twelve (12) weeks of job protected leave to bond with the new child within the child’s first year following birth or placement dateThis leave is unpaid, but may overlap with a period during which you are receiving paid benefits   Note: For eligible birth giving parents, CFRA for baby bonding will commence at the end of the period during which the birth giving parent is disabled, assuming the birth giving parent remains on leave.
California – Paid Family Leave (PFL)	Provides up to eight (8) weeks of paid leave for parents to bond with the new child within the child’s first year after birth or placementEmployees may receive approximately 60 to 70% pay (depending on income) to be determined by the state of California
Sick Time Accruals	Can be used as paid leave during the waiting period of Pregnancy Disability or to supplement remaining income up to the normal rate of pay during the Pregnancy Disability periodThe amount of time available is dependent on the amount the birth parent has accrued
Vacation/PTO Accruals	Can be used as paid leave during the waiting period of Pregnancy Disability or to supplement remaining income up to the normal rate of pay during the Pregnancy Disability period Can be used as paid leave for non-birth parents to supplement remaining income up to the normal rate of pay during their parental leaveThe amount of time available is dependent on the amount the parent has accrued

Staff Parental Leave for Birth giving Parents

Benefits eligible birth giving parents are eligible for a minimum of ten (10) weeks of paid benefits for Pregnancy Disability following birth of a baby, minus a seven (7) day waiting period unless hospitalized, starting with the date of birth of the child. A portion or all of the seven (7) day waiting period is waived if the birth parent is hospitalized, depending on when during the first seven (7) days hospitalization occurs. If the waiting period applies, on day eight (8) of the leave, benefits are payable for the remaining nine (9) weeks. Birth giving parents may generally start Pregnancy Disability (4) weeks before the estimated delivery date if approved by a physician.   In some cases, a physician may certify to longer periods if there are medical complications or if a birth giving parent is unable to perform normal or usual job duties.  Sick Time Accruals, Vacation Time Accruals, or PTO Time Accruals can be used to supplement income up to the normal rate of pay.

Birth giving parents may also be eligible for several State and Federal laws which provide job protection and may extend the leave period, including FMLA, CFRA, and PDL.

The illustration below provides an example of how the USC Pregnancy Disability plan period for birth giving parents interacts with State and Federal laws. Employees should reach out to the HR Solution Center or HR Partner for additional information as not all State and Federal laws may apply to all employees.

Staff Parental Leave for Parents of an Adopted Child or Child as a Result of Surrogate Birth

Parents of an adopted child or a new baby as the result of a surrogate birth, may qualify for twelve (12) weeks of unpaid leave under CFRA and FMLA, of bonding time.

USC offers ten (10) weeks of paid leave for benefits eligible non-birth parents, from the date of placement due to adoption or surrogacy of a child under age eighteen (18), which can be used intermittently for up to one (1) year following the birth/adoption. For the first eight (8) weeks, the non-birth parent is paid at the equivalent of the non-birth parent’s Pregnancy Disability rate or California Paid Family Leave rate, whichever is higher. The remaining two (2) weeks are paid at the equivalent of the non-birth parent’s Pregnancy Disability rate. Additional weeks will be unpaid, and you may be able to use Vacation Time Accruals or PTO Time Accruals to be paid for the duration of the leave.

The illustration below provides an example of how the State and Federal laws interact with Vacation Time Accruals or PTO Time Accruals that may be available to non-birth parents on a USC disability plan through adoption or surrogacy. Employees should reach out to the HR Solution Center or their HR Partner for additional information as not all State and Federal laws may apply to all employees.

Staff Parental Leave for Non-Birth Parent (includes Guardianship, Foster Parent and Non-birth Giving Parent)

Non-Birth parents may be eligible for twelve (12) weeks of unpaid leave to bond with a child. Under the CFRA and the FMLA, eligible parents qualify for twelve (12) weeks bonding time and some of that time can be paid through PFL or from USC for amounts equivalent to PFL in the case of guardianship.

The PFL program offers eight (8) weeks of paid bonding time that can be used anytime within the child’s first year of birth or placement. The remaining weeks will be unpaid, and you may be able to use Vacation Time Accruals or PTO Time Accruals to be paid for the duration of the leave.

The illustration below provides an example of how the State and Federal laws interact with Vacation Time Accruals or PTO Time Accruals that may be available to non-birth parents. Employees should reach out to the HR Solution Center or their HR Partner for additional information as not all State and Federal laws may apply to all employees.

Benefits and Service Accrual

During leave under this policy, USC will maintain eligibility for parents and their family members who participate in USC’s group health, welfare, and retirement plans on the same terms as if the employees had continued to work as long as employees pay their portion of premiums. USC will continue to pay the employer portion of premiums.

Employees do not accrue paid time off while on leave under this policy.  Leave under this policy will not be treated as a break in continuous service for purposes of seniority and salary adjustments.

Return to Work

Staff parents are required to return to work the next business day following the end of their requested leave.

Reasonable Accommodations

USC will provide reasonable accommodations, to the extent required by law, for conditions related to pregnancy, childbirth, or related medical conditions. Employees requesting a leave or reasonable accommodation should promptly notify the HR Solution Center and consult the Unpaid Accommodated Medical Leave Policy.

6. Procedures

 Employees requesting leave under this policy should comply with the following requirements:

1. Employees should request leave under this policy with at least thirty (30) days advance written notice or with as much advanced notice as practicable with their Supervisor and leave administrator (e.g., HR Partner, HR Solution Center Leave Administration Specialist, or leaves area at larger schools)
   1. The written notice must include the expected start and return to work dates
   1. The leave administrator will respond no later than five business days after the request, or as soon as practicable
2. Staff parental leave requests must be for the care and bonding within the first year following the:
   1. Birth of the employee’s child (including becoming a parent through surrogacy),
   1. An employee’s adoption of a child,
   1. Foster care placement of a child into an employee’s care,
   1. Guardianship placement of a child into an employee’s care
3. Employees may be required to provide reasonable documentation of an absence from work for which parental leave is requested
   1. This includes, but not limited to, medical certification, FMLA/CFRA request form, statement of family relationship form, birth certificates, adoption legal forms, surrogacy legal forms, guardianship placement forms, and foster care placement forms

Policy Expectations

USC expects all employees, Supervisors, and HR Partners to act in good faith when requesting and approving leaves of absence and time-off under the policy. In the event USC becomes aware that actions taken do not align with the policy, corrective and disciplinary steps may be pursued.

Non-Retaliation or Discrimination Notice

USC will not take any adverse employment action against any eligible employee for requesting or taking leave as permitted under this policy. If an employee feels an adverse employment action has been or is being taken for exercising rights under this policy, please contact the USC Office of Professionalism and Ethics.

7. Forms

For more information on required forms, employees should contact their HR Partner, the HR Solution Center and/or visit the Employee Gateway’s Parental Leave page.

8. Responsibilities

Refer to the grid below for a list of the units or individuals who are responsible for aspects of this policy and their associated major responsibilities.

POSITION or OFFICE	RESPONSIBILITIES
University of Southern California Departmental Human Resources Partner (“HRP”) or Leave Administration Specialist (“LAS”)	Ensures the parent has the appropriate forms and information for understanding their parental leave and benefit paymentsCollects the required forms from the parent and places the employee on the appropriate leavesRequires that the parent contacts the TPA to initiate a claimManages the use of Sick Time Accruals and/or Vacation Time Accruals and/or or PTO Time Accruals and/or Winter Recess Accruals on behalf of the parentRequests on demand payments for the parent if the use of Sick Time Accruals and/or Vacation Time Accruals and/or PTO Time Accruals and/or Winter Recess Accruals is after the payroll cutoff date Manages the return-to-work process
University of Southern California Leave Administration Department	Revises the policy based on changes in State and Federal legislationManages escalations received from HRP and LAS.
University of Southern California Office of Workers Compensation and Disability	Maintains the parental leave payment programPartners with Central Payroll to validate accurate payments are received from the TPA and distributed to parents Manages the relationship with the TPA and escalates parent, HRP and LAS inquiries as needed
Third-Party Administrator (“TPA”)	Administers the parental leave services (such as claims processing and benefit payment management)Handles all the claim management of parental leave cases from notification to approval/denialMaintains all  the medical supporting documentation that support the parental leave claims
University of Southern California Office of Institutional Accessibility and ADA Compliance	Partners with the HRP or LAS as appropriate if the parent requests an accommodation Manages the complex return to work process with assistance from the HRP and the USC Workers’ Compensation and Disability Department

9. Related Information

Available hyperlinks to: (i) related policies/plan information; (ii) applicable legal or regulatory information or (iii) other information related to the policy.

Related Policies/Plan Information:

Paid Sick Time Policy

Paid Staff Vacation Policy

California State Disability Insurance (SDI) Plan

USC Disability and Paid Family Leave Plan Document

USC Long Term Disability Plan Summary

USC Long Term Disability Plan Document

USC Short Term Disability Plan Summary

USC Short Term Disability Plan Document

Applicable Legal or Regulatory Information:

California Family Rights Act (CFRA)

California Paid Family Leave

California Pregnancy Disability Leave

Family and Medical Leave Act (FMLA)

Leave for Pregnancy Disability and Child Bonding: Quick Reference Guide

Other Information Related to the Policy:

USC Disability Insurance Webpage

USC New Baby Webpage

10. Contacts

Please direct any questions regarding this policy to:

OFFICE	PHONE	EMAIL
USC HR Solution Center	(213) 821-8100	uschr@usc.edu
USC HR Leave Administration	(213) 821-8100	uschr@usc.edu
USC Office of Workers Compensation and Disability	(213) 821-8100	workerscompdisability@usc.edu
Broadspire (TPA as of 2021)	(800) 495-2315	https://myclaim.choosebroadspire.com/
USC Office of Professionalism and Ethics	(213) 740-2500 or (800) 348-7454	www.mycompliancereport.com, and enter UOSC as the access code.
Office of Culture, Ethics, and Compliance	(213) 740-2500 or (800) 348-7454	www.mycompliancereport.com, and enter UOSC as the access code.
HR Partners	Various	Website: https://employees.usc.edu/human-resources-contacts/