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Parental (Non-Birth) Leave

Learn about the Family and Medical Leave Act, APS Parental Leave, Substitution of Paid Leave, the process for Applying for Parental (Non-Birth) Leave, and returning to work.

To be eligible for an APS extended medical or parental leave of absence, an employee must have worked for APS a minimum of one (1) contract year just prior to the leave start date.

Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (FMLA) will be granted to employees who:

  • Work for a covered employer (APS is a covered employer.)
  • Have worked for APS for at least twelve (12) months and
  • Who have worked at least 1250 hours in the 12 months before you take the leave
  • FMLA is limited to 12 weeks of unpaid leave per rolling calendar year.
  • APS does not support intermittent or reduced schedule leave to care or bond with a healthy child under the parental, adoption or foster care categories.

APS Parental Leave

To be eligible for an APS Parental Leave of Absence, an employee must have worked for APS a minimum of one contract year immediately prior to the leave start date.

Substitution of Paid Leave

The APS Employee Handbook, ATF, AEAA, ASCA, SW Maintenance and Operations, EPOA, and SWA Food Services negotiated agreements allow for extended leave for up to one year inclusive of the FMLA 12 weeks.

Time off for bonding with a child who has recently joined the household shall be charged to sick leave for up to 30 days provided there is available sick time to cover the 30 days.  A maximum of 30 days of available paid sick leave shall be permitted. Use of compensatory time is not allowed. 

Available absence balances will be used in this order:

  1. Sick leave
  2. Personal days
  3. Annual leave
  4. Once such benefits are exhausted, the leave shall be without pay.

An employee adopting a child shall be entitled to a leave commencing when custody occurs, or prior to receiving custody, in order to fulfill the requirement of adoption.

See The Process: Applying for Parental (Non-Birth) Leave (PDF) for more information, which is also available below as accessible web content.

The Process for Applying for Parental (Non-Birth) Leave

Step 1: Employee

Birth Parent
  1. Notifies Principal/Supervisor of dates for Extended Leave of Absence
  2. Completes Form A
  3. Gives Health Care Provider appropriate medical form
  4. Secures Substitute, if required
Non-Birth Parent
  1. Notifies Principal/Supervisor of dates for Extended Leave of Absence
  2. Completes Form A
  3. Provides Child's Proof of Birth or Birth Certificate, or Family-Certification of Health Care Provider

Step 2: Health Care Provider Completes Appropriate Form

  1. Employee-Certification of Health Care Provider
  2. Family-Certification of Health Care Provider

Step 3: Employee

Employee returns original completed forms to Leaves Office 30 days prior to extended leave start date:

  • In-person: 6400 Uptown Blvd. NE, Suite 210 East Tower
  • By mail: HR-Leaves Office, P.O. Box 25704, Albuquerque, NM 87125

Step 4: Leaves Office

  1. Processes and mails approved/denied leave letter to employee's home address
  2. Copy is sent to Principal/Supervisor

Step 5: Principal/Supervisor Secretary

  1. Applies correct Leave of Absence Code for Payroll reporting
  2. Tracks FMLA Usage

Step 6: Employee

Birth Parent
  1. Calls to schedule an afternoon reinstatement appointment
  2. Provides Proof of Birth or medical Clearance at end of leave
Non-Birth Parent
  1. Calls to schedule an afternoon reinstatement appointment

Returning to Work

To facilitate your return to work, provide the Leaves Office with advance notification of your intended return to work date (Letter of Intent). Failure to do so may delay your return date.

Call 889-4844 or 889-4845 to schedule your afternoon reinstatement appointment at least one week prior to your return to work date.

If returning early from leave, the supervisor's written approval must be provided to the Leaves Office. It is the employee's responsibility to notify the supervisor of the requested early return.