Fayetteville Policies and Procedures 419.1
Staff Parental Leave and Modified Work Assignments
Purpose
The University of Arkansas, Fayetteville, seeks to provide an environment conducive to meeting the holistic needs of its staff. As such, this policy has been developed to allow staff to utilize paid parental leave and/or apply for a modified work assignment to commence following childbirth, adoption, or placement of a foster child. The modified work assignment is aligned with the Pregnant Workers Fairness Act, as outlined in Fayetteville Policies and Procedures 203.2. Pregnancy, Childbirth, or Related Medical Conditions – Employment Accommodations.
Eligibility
As eligible, a full-time (100% appointed) staff member may request a combination of paid and unpaid leave and a modified work assignment, up to a combined total of 12 weeks, within twelve months following the birth, adoption, or foster care placement of a child in the staff member’s care.
Policy and Procedures
Modified work assignments involve modification of job responsibilities as agreed upon by the staff member and the unit supervisor and may include performing work primarily from home. Departments have flexibility in determining how best to cover the responsibilities of a staff member who is on a modified work assignment. For example, the department, using its own resources, may be able to utilize temporary (RazorTemp) employees to perform the necessary functions. Modified work assignments are not a right to any employee. They cannot impede essential University functions and must be of benefit to the University.
Modified work assignments are used in coordination with Parental Leave, sick leave, annual leave, and any other leave (such as unpaid leave) that a parent may be eligible for under the Family and Medical Leave Act (FMLA) to allow parents to care for and bond with a child following the birth, adoption, or the foster care placement of a child under the staff member’s care.
As per BOT Policy 420.2, eligible employees that have been employed by the University for at least two years at the birth or placement of the child in the staff member’s home are eligible for six weeks of paid parental leave (to be shared between parents if both are employed by the University).1 Eligible employees employed between one and two years may be eligible for up to four weeks of paid catastrophic leave.
As modified work assignments are to be used in coordination with other leave a staff member is eligible for, the modified work assignment and any leave taken through sick leave, annual leave, parental leave, unpaid leave, or modified assignment collectively is not intended to result in absence from regular duties in excess of 12 weeks.
If both parents work for the University and are requesting parental leave and/or a modified work assignment, each parent’s request must specify how long the other parent is requesting to be on parental leave and/or a modified work assignment. While parental or catastrophic leave is required to be shared between parents if both are employed by the University, both parents employed by the University are eligible to take their own sick leave or annual leave independently and are each eligible for a modified work assignment in coordination with any leave they are eligible for.
- Process
- The staff member a) applies for paid Parental Leave2 (if eligible) and b) submits an FMLA application through Human Resources (if eligible). 3
- The staff member applies for a “modified work assignment” through his/her unit supervisor.
- Any leave taken through sick leave, annual leave, parental leave, unpaid leave, or
modified work assignment collectively is not intended to result in absence from regular
duties in excess of 12 weeks.
- A staff member who will give birth to a child also applies for accommodations through the Office of Equal Opportunity, Compliance, and Title IX Office (OEOC) as per Fayetteville Policies and Procedures 203.2. OEOC will begin an interactive process to determine appropriate accommodations in coordination with their unit supervisor and Human Resources.
- Any leave taken through sick leave, annual leave, parental leave, unpaid leave, or
modified work assignment collectively is not intended to result in absence from regular
duties in excess of 12 weeks.
- The staff member’s proposal for a modified work assignment should describe the parental
related circumstances giving rise to the need for a modified work assignment and propose
how their work is to be modified. The proposal should also detail how their modified
work assignment will benefit the unit in which they work and indicate how it will
be coordinated with any paid Parental Leave , or any additional paid or unpaid leave
(such as sick or annual leave) that the staff member may be eligible to take as paid
or unpaid FMLA leave, consistent with Fayetteville Policies and Procedures 409.4 and
203.2.
- Any requests for modified work assignments or leave in excess of twelve weeks for medical reasons shall be requested through OEOC according to Fayetteville Policies and Procedures 203.2 for staff members who gave birth to a child.
- The application for modified work assignment and determination of the OEOC (in the
case of a staff member who will give birth to a child) goes to the unit supervisor
(Chair, Head, Assistant Vice Chancellor) for review. The unit supervisor’s recommendation
along with the specific plan for funding coverage of any duties not included in the
staff member’s modified assignment, shall be forwarded to the appropriate Dean, Associate
Vice Chancellor, or if applicable, the Vice Chancellor. The appropriate Dean or Associate
Vice Chancellor will review the proposed work assignment and make a recommendation
to the Vice Chancellor. The decision of the Vice Chancellor (which may include changes
to the proposed modified work assignment), shall be final. A notification will be
sent to the OEOC in the case of a staff member who will give birth.
- The staff member is asked to provide approximately four (4) months’ notice from the
anticipated date of the child’s arrival.
- Leave must be used and recorded in Workday for any period of time that the staff member is excused from duties rather than undertaking modified duties. This would include any circumstance where the staff member is unable to resume regular duties at the conclusion of the modified work assignment.
Questions regarding the application of this policy may be directed to Human Resources at hrleave@uark.edu
Note: This modified work assignment policy does not supplement the rights of the staff
member under the FMLA.
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[1] Per BOT Policy 420.2, employees may receive paid parental leave a maximum of three times.
[2] Staff members are eligible for six weeks of paid parental leave if they are employed by the University for two years at the time of the birth, adoption, or placement of the child. Staff members are eligible for four weeks of paid leave from the catastrophic leave bank, to the extent hours are available, if they are employed by the University for one year at the time of the birth, adoption, or placement of the child.
[3] In the case of a staff member who is not eligible for a full six-weeks of paid parental leave, the staff member may request additional weeks of modified work assignment to not exceed a total of twelve weeks cumulative of leave and modified work assignment. Staff members may be eligible for up to four weeks of catastrophic leave it employed at the University for at least one calendar year.
Revised September 15, 2025
Reformatted for Web April 28, 2014
October 31, 2012