Parental and Maternity Leave

It is important to make the distinction between maternity leave (see next question) and parental leave. Parental leave is granted by the CBA to any full-time faculty member who becomes a parent (birth or adoptive). (See Article XVIII, Section 4 and Section 5 in the CBA.) In addition to those leaves under Section 4 and 5 of Article XVIII, the University makes available release time. for the purposes of bonding with the child: tenure track and clinical faculty are entitled to six (6) credits, and Teaching Faculty are entitled to eight (8) credits. The release time may be taken in the semester that the child is born or adopted or in the following semester. See Article XVIII, Section 6 of the CBA.

In addition, the contract provides an opportunity for additional leave time to be taken by anyone who qualifies for time under the Family and Medical Leave Act (FMLA) by one or more of the following:

1. Banking credits: the CBA allows faculty to “bank” up to three (3) overload credits per semester, for a total maximum of nine (9) credits, to be used in the future for a maternity/parental/family medical leave, for up to three (3) years
2. Shifting workload to the future
3. Buying back time as described in Article XIV, Section 2.h (Voluntary Workload Reduction)

(article XVIII sections 5 and 6, CBA page 69-72)

Maternity leave is provided by New York State law. Faculty who have given birth are entitled to a minimum of six (6) weeks of maternity leave for a regular delivery and eight (8) weeks for a cesarean section beginning on the date of birth. Six weeks is equivalent to 4 credits (5 for Teaching Faculty) and eight weeks is equivalent to 5 Credits (6 for Teaching Faculty) credits. If the leave falls partially outside of the Fall/Spring semester, the number of credits is calculated based on the portion of the leave overlapping with the semester.

Additionally, if for any reason a faculty member is deemed by a medical professional to be unable to perform the duties of their job, this period of time can be extended for up to six months under the University’s Faculty Paid Leave for Disability Policy (see Article XVIII. Section 5.b). The University’s policy covers faculty at full pay during this time.

For faculty who have given birth while school is in session, yes: A faculty member who combines the 6/8 credits parental release time and a maternity leave falling during a Fall/Spring semester has already satisfied more than one semester of workload credits:

• Tenure-Track and Clinical Faculty:
  • With six weeks of maternity leave, they have satisfied 10/18 credits for the year
  • With eight weeks of maternity leave, they have satisfied 11/18 credits for the year
• Teaching Faculty:
  • With six weeks of maternity leave, they have satisfied 13/24 credits for the year
  • With eight weeks of maternity leave, they have satisfied 14/24 credits for the year

Any faculty member who becomes a new parent may also apply existing overload and/or banked hours in order to fulfill their obligation for the semester.

The faculty member is also entitled to carry an underload which must be made up within a year and a half.

Faculty on disability leave (for any reason including pregnancy and childbirth) cannot be asked to perform work duties nor can they be asked to make up work after they return from a disability leave. Faculty who are granted Parental Release Time and are therefore teaching a reduced load, are entitled to reduce their obligations accordingly. Faculty who take a paid leave for a semester (as per Article XVIII, Section 5) shall not be required to fulfill non-teaching obligations.

No. The faculty member has the option of stopping the tenure clock for one year for a birth or adoption of a child but is not obligated to do so. Furthermore, the faculty member has up to a year after the birth of their child (or finalization of adoption) to make that decision. This decision can be revoked if such a request is made at least one semester prior to the beginning of the original date by which the tenure review would be done.

All benefits remain in force.

No. Federal law prohibits an employer from forcing an employee to take leave because they are pregnant or have given birth. Faculty members who give birth mid-semester are entitled to work until they deliver and/or return to work after the period of disability. The faculty member must make the decision that makes sense for them but, it is recommended that they fully communicate their intentions to their colleagues so that proper planning can take place.

If there is concern that students may be negatively affected by a faculty member who leaves or returns mid-semester, it is possible for a faculty to do “non-instructional” activities as an alternative to course workload but no faculty member should be pressured into taking time off or coming back to work before they are ready.

No. Finding a replacement is the responsibility of the Chair or the Dean and compensating that person is the responsibility of the University. A faculty member who is on leave or has parental release time should never feel that they have to “make up that time” in any way. We encourage a faculty member who is teaching for part of the semester to help with the transition by providing teaching materials, grading information, etc. to their replacement when appropriate.