Helpful Leave Information for Expecting Birth Parent
Birth Parents may seek to take a Leave of Absence for the birth of a child. As a birth parent, the length of time you may take for bonding and determination of pay is dependent on many factors, such as date of hire, leave accruals, and eligibility of federal, state, and NYC H+H leave policies. Unfortunately, we are unable to provide information relating to a potential future leave until a request and supporting documentation have been received by the HRSS Leave Administration.
NOTE: ACGME Residents follow a separate process. Please visit the Resident (ACGME) Leave Guidelines (ESS:Resident (ACGME) Leave Guidelines) Employee Resource Page for more information.
Forms
To ensure timely processing, you must formally submit a request for leave 30 days prior to the date of birth by providing the appropriate medical documentation listed below.
Use the form below to request a leave for the birth of a child/bonding:
- Certification of Health Care Provider for Employee’s Serious Health Condition FMLA: Form 2677 (for recovery and/or leave time prior to birth)
Once all documents are completed, the employee must email their forms to HRSSLeaveAdministration@nychhc.org. Upon receipt of completed documentation, the HRSS Leave Administration Department will review and may tentatively approve the request. Proof of birth must be submitted within seven (7) calendar days after the child is born in order to effectively manage the leave based on accurate dates.
Leave Policies
Below is a summary of leave policies that may cover your time during your leave of absence. It is important to note that all leaves for the same qualifying event and/or medical basis will run concurrently, including the birth parent’s disability period (up to 6 weeks for vaginal birth and 8 weeks for c-section) appropriated for the employee’s self-illness. Notably, there is a distinction for the bonding period, which commences after the disability period relating to birth ends.
Family Medical Act (FMLA)
- A federal law allows the eligible birth parent to take up to 12 weeks of job-protected, unpaid leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for their serious health condition following the birth of a child.
- In the event a birth parent has a medical basis to be absent from work prior to giving birth, it will be counted toward the 12-week entitlement under FMLA and will be reduced from the total time entitled to be used.
For more information, visit the Family & Medical Leave (FMLA) page here:
Childcare Leave (CCL)
- Any Group 11 employee, and certain Group 12 employees who become the parent of a child by birth, or by adoption of a child up to four (4) years of age, are entitled to a leave for a period of up to twelve (12) calendar months, this includes any other bonding related time taken. These employees are not entitled to extensions once the leave is approved.
- Any Group 12 employee covered by the Citywide Contract who becomes the parent of a child by birth, or by adoption of a child up to four (4) years of age, is entitled to a leave of absence for a period of up to forty-eight (48) calendar months this includes any other bonding related time taken. The use of the maximum allowance of 48 months is limited to one instance only. If during the 48 months of leave, another child is adopted or born, the leave will not be extended beyond the 48 months. All leaves for additional children run concurrently once an employee is on childcare leave. These employees are entitled to a maximum of two extensions once the leave is approved and cannot extend beyond 48 months.
- While on Childcare Leave, an employee’s available leave accrual balances will be applied (other than SICK as sick leave accruals are only applied for the employee’s own medical illness).
- Childcare Leave can only be applied on a consecutive and continuous basis and cannot be applied intermittently.
- If you return from this leave prior to utilizing the maximum entitlement, you forfeit any balances.
- If the employee is ineligible for FMLA, they may still be entitled to this form of leave.
For more information, visit the Childcare Leave page here:
Paid Family Leave (PFL)
- Paid Family Leave is employee-funded insurance that provides paid time off at 67% of your pay (with an applicable maximum pay per week), paid by a 3rd-party insurance carrier. The insurance carrier does not account for any deductions that the employee may have included in their NYCHHC payroll checks.
- Employee may elect to be paid through their available leave accruals. Employees must elect to do this in writing in advance of the leave if they intend to be paid through accruals.
- PFL is not used for employee disability periods relating to birth and is only for bonding with a newly born child or an adopted or fostered child.
- Paid Family Leave (PFL) may be used continuously or intermittently.
- If the employee is ineligible for FMLA, they may still be entitled to this form of leave.
For more information and a list of Unions and CBUs eligible for PFL, refer to the Paid Family Leave page:
Paid Parental Leave (PPL)
- This policy provides active Group 11 managerial employees with up to 12 weeks of paid time off for the birth of a child, adoption, or foster care placement. This leave may be used continuously or intermittently.
- If the employee is ineligible for FMLA, they may still be entitled to this form of leave.