Section 303.130  Parental Leave

a)         All employees will be eligible for 10 weeks (50 work days) of paid parental leave, per twelve (12) month period which begins upon birth, for each pregnancy resulting in births or multiple births.  The State shall require proof of pregnancy at least 30 days prior to the expected due date, as well as proof of the birth.  In addition, employees will be required to provide proof of a parent-child relationship such as a birth certificate or other appropriate documentation.

b)         New Adoption

1)         All employees will be eligible for 10 weeks (50 work days) of paid parental leave per twelve (12) month period for a new adoption.  If the adoption occurs after foster placement, the leave is permitted only if the child or children has/have not resided with the employee for more than three (3) years.  The twelve (12) month leave period begins either:

A)        when physical custody of the child or children has been granted to the employee, provided that the employee can show that the formal adoption process is underway; or

B)        in cases of adoption following foster placement, upon filing of the Petition for Adoption. 

2)         The employee must:

A)        notify the agency personnel office of intent to take leave as soon as the employee is aware of impending adoption;

B)        submit proof of the legal status of the adoption, including proof of finalization; and

C)        if applicable, submit documentation from a child welfare agency regarding the length of the child's residency with the employee. 

c)         Employees using leave under this Section must use the leave benefit in weeklong increments (5 consecutive working days).

d)         If both parents are employees, they shall each be eligible for 10 weeks of paid leave, as set out in this Section, which may be taken consecutively or concurrently.

(Source:  Amended by peremptory rulemaking at 43 Ill. Reg. 8590, effective July 26, 2019)