(a) Definitions. For purposes of this Section, the following words have the meanings indicated.
FMLA leave means employee leave under the federal Family and Medical Leave Act, 29 U.S.C § 2601 et seq., as amended.
Parent means a biological parent, an adoptive parent, or a foster parent. Parent includes the spouse or domestic partner of a parent.
(b) Paid parental leave – required.
(1) The County must provide paid parental leave under this Section to a part-time or full-time County employee who:
(A) has been in a County merit system position for at least 6 consecutive months; and
(B) is the parent of a newborn child, a stillborn child, a newly adopted child, or a newly placed foster child.
(2) The paid parental leave under this Section must consist of up to:
(A) 240 hours within a 12-month period, for an employee scheduled to work 40 hours per week; or
(B) a prorated amount within a 12-month period, for an employee scheduled to work more or less than 40 hours a week.
(3) The paid parental leave under this Section must be used within 12 months of the birth or stillbirth of the child, the adoption of the child, or the placement of the child in foster care.
(c) Continuance of salary and benefits.
(1) The County must continue to pay an employee on parental leave under this Section the full salary of the employee.
(2) An employee on parental leave under this Section must continue to receive employee insurance benefits.
(3) An employee on parental leave under this Section must continue to receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable.
(d) Relationship to other employee leave.
(1) Concurrence of leave.
(A) Except as provided in subparagraph (B) of this paragraph, parental leave taken under this Section must not count against any other type of leave of the employee.
(B) Parental leave taken under this Section must run concurrently with any FMLA leave of the employee.
(2) Exhaustion of other leave – not required. Prior to taking parental leave under this Section, an employee must not be required to exhaust any other type of leave provided to the employee under a collective bargaining agreement or other applicable law, including County personnel regulations.
(e) Collective bargaining. This Section must not be construed to diminish any employee leave required by a collective bargaining agreement under this Chapter.
(f) Regulations. The Executive may adopt Method (2) regulations to implement this Section. (2022 L.M.C., ch. 25, §1.)
Editor’s note—2022 L.M.C., ch. 25, § 2, states: Sec. 2. Effective date and sunset. On the first day that an individual may file a claim under the State FAMLI Program: (1) County Code Section 33-27 amended under Section 1 of this Act, must sunset and must have no further force and effect; and (2) County Code Section 33-28, amended under Section 1 of this Act, must take effect.
2022 L.M.C., Ch. 25, § 3, states: Sec. 3. Required Assessment. By January 1, 2024, the Office of Legislative Oversight must provide to the Council: (1) data, which must be provided to the Office of Legislative Oversight by the Office of Human Resources in analyzable form, regarding County employee parental leave usage by race, ethnicity, occupational class, and wages; (2) a racial equity and social justice assessment of the implementation of this Act; and (3) any recommendations to improve the racial equity and social justice impacts of this Act, based on its implementation.