Feds - paid parental leave

[Anonymous]

Anonymous wrote:

Anonymous wrote:Has anyone heard what this will mean for agencies with STD policies? My agency provides an 8 week STD policy. After that we can use 12 weeks of FMLA.

That doesn't compute. STD replaces income. FMLA is about how long you have job protection while being out. So, you have an 8 week STD policy (which usually kicks in after one or two weeks of sick leave) that will provide 60% of your salary while out. this means you will have at least partial pay even if you haven't banked enough leave and would otherwise need to take LWOP. FMLA just says your job will be held for you for up to 12 weeks of leave. Agencies can allow you to take longer leave, of course, but that is an internal decision and despite any assurances, legally they could eliminate your job or let you go if you are out for more than 12 weeks.

** When an employee returns from FMLA leave, he or she must be restored to the same job or to an "equivalent job". The employee is not guaranteed the actual job held prior to the leave. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location) **

In this case, you wouldn't likely incur STD. You would use the 12 weeks of paid parental leave that run during your allowed 12 week FMLA period.

Ok. Again, my agency provided 8 weeks of STD and then allowed 12 weeks of unpaid leave. This was in the policy and no, they couldn’t or wouldn’t eliminate your job.

[Anonymous]

Hello,

Have any of your agencies put out guidance yet? I’ve heard some agencies are thinking about making some variation of leave available to those of us having babies between oct 2019 and oct 2020. If so, can you share what details you have at this point? I’m going to try to make a case at my agency and would like to come prepared. I’ve heard folks at USAID trying to advocate for this—any others?

Thanks in advance.

[Anonymous]

I'm surprised they haven't issued guidance. If I got pregnant now, I would want to know for planning purposes.

I had two babies as a fed and I took LWOP. We had planned on a 3rd and I'm excited to have it covered this time.

[Anonymous]

Don't get your hopes up. I read an article that basically said the 12 weeks "paid leave" will be interpreted as you having to use your own sick leave for 12 weeks. Basically it lets you use FMLA within your first year of employment or use leave for 24 total weeks (12 from new policy and 12 from FMLA).

[Anonymous]

My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

[Anonymous]

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Also I should add that my agency put out the following guidance. Again, we are independent so this may change as more clarity comes from OPM:

AQs on Paid Parental Leave (PPL)
Note: These FAQs will be updated with more details closer to the go-live date.

When will PPL be available to [Agency] employees?
Human Resources is working with Technology Services, Payroll, Legal and our plan administrator to bring this benefit to the [Agency] for May 10, 2020.

How will PPL work?
Within the first year of a birth, adoption, or foster placement an employee approved for Family and Medical Leave Act (FMLA) bonding time will be eligible to use up to 12 weeks or 480 hours of 100% paid leave. The eligible employee may take the leave continuously, intermittently, or do both (for example, take off six weeks at the time of birth, adoption, or foster placement, and then use the remaining six weeks on an intermittent basis).

Who is eligible for the [Agency]'s new Paid Parental Leave (PPL)?
The PPL benefit is effective on May 10, 2020. Employees with birth, adoption, or foster placement life events on or after May 10, 2020 will be covered for PPL.

What if an employee gave birth, adopted, or had a foster-placement life event prior to May 10, 2020?
Employees who are within one year from the birth, adoption, or fostering event as of May 10, 2020 may take remaining bonding time from May 10, 2020 forward as paid. Any baby-bonding FMLA leave taken prior to May 10, 2020 will be deducted from their 12-week PPL.

Are birth parents still eligible under the Short Term Disability (STD) benefit?
Yes, birth parents continue to be eligible for either 6 or 8 weeks of pay under the STD plan immediately following the birth of their child.

Are non-birth parents still eligible for 8 weeks of sick leave immediately following the birth, adoption, or fostering of a child?
Yes.

Help me understand better. If I gave birth on February 3, 2020 and I am approved for 8 weeks of STD maternity leave and then I immediately use my own annual leave for continuous bonding time under FMLA until May 10, 2020. Will my own leave used prior to May 10th be returned and will I get PPL from May 10 forward?

In this scenario, the STD benefit covers the birth parent from February 3, 2020 through March 29. FMLA bonding time from March 30 though May 9 will be unpaid FMLA; substituted with annual leave for a total of 6 weeks until May 10. From May 11 forward, the employee will have 6 weeks remaining of paid parental leave to use going forward, either continuously or intermittently, until February 3, 2021. Your own leave used during the period from March 30 though May 9 will not be returned.

Are domestic partners eligible for PPL?
Yes.

[Anonymous]

Anonymous wrote:Don't get your hopes up. I read an article that basically said the 12 weeks "paid leave" will be interpreted as you having to use your own sick leave for 12 weeks. Basically it lets you use FMLA within your first year of employment or use leave for 24 total weeks (12 from new policy and 12 from FMLA).

This was from a Republican plan to overhaul federal employment.

https://www.govexec.com/pay-benefits/2020/02/house-republicans-unveil-plan-boost-merit-pay-and-slash-pensions/162948/

There's no indication that this will be put into place.

[Anonymous]

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Would you mind sharing the name of your agency? I’m trying to compile a list. Thanks much!

[Anonymous]

Anonymous wrote:

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Also I should add that my agency put out the following guidance. Again, we are independent so this may change as more clarity comes from OPM:

AQs on Paid Parental Leave (PPL)
Note: These FAQs will be updated with more details closer to the go-live date.

When will PPL be available to [Agency] employees?
Human Resources is working with Technology Services, Payroll, Legal and our plan administrator to bring this benefit to the [Agency] for May 10, 2020.

How will PPL work?
Within the first year of a birth, adoption, or foster placement an employee approved for Family and Medical Leave Act (FMLA) bonding time will be eligible to use up to 12 weeks or 480 hours of 100% paid leave. The eligible employee may take the leave continuously, intermittently, or do both (for example, take off six weeks at the time of birth, adoption, or foster placement, and then use the remaining six weeks on an intermittent basis).

Who is eligible for the [Agency]'s new Paid Parental Leave (PPL)?
The PPL benefit is effective on May 10, 2020. Employees with birth, adoption, or foster placement life events on or after May 10, 2020 will be covered for PPL.

What if an employee gave birth, adopted, or had a foster-placement life event prior to May 10, 2020?
Employees who are within one year from the birth, adoption, or fostering event as of May 10, 2020 may take remaining bonding time from May 10, 2020 forward as paid. Any baby-bonding FMLA leave taken prior to May 10, 2020 will be deducted from their 12-week PPL.

Are birth parents still eligible under the Short Term Disability (STD) benefit?
Yes, birth parents continue to be eligible for either 6 or 8 weeks of pay under the STD plan immediately following the birth of their child.

Are non-birth parents still eligible for 8 weeks of sick leave immediately following the birth, adoption, or fostering of a child?
Yes.

Help me understand better. If I gave birth on February 3, 2020 and I am approved for 8 weeks of STD maternity leave and then I immediately use my own annual leave for continuous bonding time under FMLA until May 10, 2020. Will my own leave used prior to May 10th be returned and will I get PPL from May 10 forward?

In this scenario, the STD benefit covers the birth parent from February 3, 2020 through March 29. FMLA bonding time from March 30 though May 9 will be unpaid FMLA; substituted with annual leave for a total of 6 weeks until May 10. From May 11 forward, the employee will have 6 weeks remaining of paid parental leave to use going forward, either continuously or intermittently, until February 3, 2021. Your own leave used during the period from March 30 though May 9 will not be returned.

Are domestic partners eligible for PPL?
Yes.

So if I am reading it correctly, if you burned your own leave prior to May 2020, you don't get it back. But those days are still subtracted from your PPL. Seems unfair. They should credit those AL days back to the employee, or give the employee the whole PPL period. Women lose again.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Also I should add that my agency put out the following guidance. Again, we are independent so this may change as more clarity comes from OPM:

AQs on Paid Parental Leave (PPL)
Note: These FAQs will be updated with more details closer to the go-live date.

When will PPL be available to [Agency] employees?
Human Resources is working with Technology Services, Payroll, Legal and our plan administrator to bring this benefit to the [Agency] for May 10, 2020.

How will PPL work?
Within the first year of a birth, adoption, or foster placement an employee approved for Family and Medical Leave Act (FMLA) bonding time will be eligible to use up to 12 weeks or 480 hours of 100% paid leave. The eligible employee may take the leave continuously, intermittently, or do both (for example, take off six weeks at the time of birth, adoption, or foster placement, and then use the remaining six weeks on an intermittent basis).

Who is eligible for the [Agency]'s new Paid Parental Leave (PPL)?
The PPL benefit is effective on May 10, 2020. Employees with birth, adoption, or foster placement life events on or after May 10, 2020 will be covered for PPL.

What if an employee gave birth, adopted, or had a foster-placement life event prior to May 10, 2020?
Employees who are within one year from the birth, adoption, or fostering event as of May 10, 2020 may take remaining bonding time from May 10, 2020 forward as paid. Any baby-bonding FMLA leave taken prior to May 10, 2020 will be deducted from their 12-week PPL.

Are birth parents still eligible under the Short Term Disability (STD) benefit?
Yes, birth parents continue to be eligible for either 6 or 8 weeks of pay under the STD plan immediately following the birth of their child.

Are non-birth parents still eligible for 8 weeks of sick leave immediately following the birth, adoption, or fostering of a child?
Yes.

Help me understand better. If I gave birth on February 3, 2020 and I am approved for 8 weeks of STD maternity leave and then I immediately use my own annual leave for continuous bonding time under FMLA until May 10, 2020. Will my own leave used prior to May 10th be returned and will I get PPL from May 10 forward?

In this scenario, the STD benefit covers the birth parent from February 3, 2020 through March 29. FMLA bonding time from March 30 though May 9 will be unpaid FMLA; substituted with annual leave for a total of 6 weeks until May 10. From May 11 forward, the employee will have 6 weeks remaining of paid parental leave to use going forward, either continuously or intermittently, until February 3, 2021. Your own leave used during the period from March 30 though May 9 will not be returned.

Are domestic partners eligible for PPL?
Yes.

So if I am reading it correctly, if you burned your own leave prior to May 2020, you don't get it back. But those days are still subtracted from your PPL. Seems unfair. They should credit those AL days back to the employee, or give the employee the whole PPL period. Women lose again.

I clarified with my HR (I'm a man who had a baby born in Aug 2019).

You only lose time if you used any unpaid FMLA before May 2020. At my agency, the mother can use STD and/or accumulated sick leave for up to 8 weeks. Then she can tap into annual leave, or unpaid FMLA (additional 12 weeks before baby turns 1).
For a father, he can use accumulated sick leave for up to 8 weeks immediately post-birth for caring for mother or baby. Then he can tap into annual leave, or unpaid FMLA (additional 12 weeks before baby turns 1).

Any unpaid FMLA taken will be pro-rata reduced against the PPL amounts. So, if someone took 4 weeks of unpaid leave in January 2020 they would have 8 weeks available of PPL to take in the time period between May 2020 and whenever the child turns 1.

In my case, I have not taken any unpaid FMLA. Therefore, I can take 12 weeks of PPL between May 2020 and when my son turns 1 in August 2020. There are 13.5 weeks between those two dates. I will likely only use about 8-9 weeks of PPL due to work deadlines in May-June.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Also I should add that my agency put out the following guidance. Again, we are independent so this may change as more clarity comes from OPM:

AQs on Paid Parental Leave (PPL)
Note: These FAQs will be updated with more details closer to the go-live date.

When will PPL be available to [Agency] employees?
Human Resources is working with Technology Services, Payroll, Legal and our plan administrator to bring this benefit to the [Agency] for May 10, 2020.

How will PPL work?
Within the first year of a birth, adoption, or foster placement an employee approved for Family and Medical Leave Act (FMLA) bonding time will be eligible to use up to 12 weeks or 480 hours of 100% paid leave. The eligible employee may take the leave continuously, intermittently, or do both (for example, take off six weeks at the time of birth, adoption, or foster placement, and then use the remaining six weeks on an intermittent basis).

Who is eligible for the [Agency]'s new Paid Parental Leave (PPL)?
The PPL benefit is effective on May 10, 2020. Employees with birth, adoption, or foster placement life events on or after May 10, 2020 will be covered for PPL.

What if an employee gave birth, adopted, or had a foster-placement life event prior to May 10, 2020?
Employees who are within one year from the birth, adoption, or fostering event as of May 10, 2020 may take remaining bonding time from May 10, 2020 forward as paid. Any baby-bonding FMLA leave taken prior to May 10, 2020 will be deducted from their 12-week PPL.

Are birth parents still eligible under the Short Term Disability (STD) benefit?
Yes, birth parents continue to be eligible for either 6 or 8 weeks of pay under the STD plan immediately following the birth of their child.

Are non-birth parents still eligible for 8 weeks of sick leave immediately following the birth, adoption, or fostering of a child?
Yes.

Help me understand better. If I gave birth on February 3, 2020 and I am approved for 8 weeks of STD maternity leave and then I immediately use my own annual leave for continuous bonding time under FMLA until May 10, 2020. Will my own leave used prior to May 10th be returned and will I get PPL from May 10 forward?

In this scenario, the STD benefit covers the birth parent from February 3, 2020 through March 29. FMLA bonding time from March 30 though May 9 will be unpaid FMLA; substituted with annual leave for a total of 6 weeks until May 10. From May 11 forward, the employee will have 6 weeks remaining of paid parental leave to use going forward, either continuously or intermittently, until February 3, 2021. Your own leave used during the period from March 30 though May 9 will not be returned.

Are domestic partners eligible for PPL?
Yes.

So if I am reading it correctly, if you burned your own leave prior to May 2020, you don't get it back. But those days are still subtracted from your PPL. Seems unfair. They should credit those AL days back to the employee, or give the employee the whole PPL period. Women lose again.

I clarified with my HR (I'm a man who had a baby born in Aug 2019).

You only lose time if you used any unpaid FMLA before May 2020. At my agency, the mother can use STD and/or accumulated sick leave for up to 8 weeks. Then she can tap into annual leave, or unpaid FMLA (additional 12 weeks before baby turns 1).
For a father, he can use accumulated sick leave for up to 8 weeks immediately post-birth for caring for mother or baby. Then he can tap into annual leave, or unpaid FMLA (additional 12 weeks before baby turns 1).

Any unpaid FMLA taken will be pro-rata reduced against the PPL amounts. So, if someone took 4 weeks of unpaid leave in January 2020 they would have 8 weeks available of PPL to take in the time period between May 2020 and whenever the child turns 1.

In my case, I have not taken any unpaid FMLA. Therefore, I can take 12 weeks of PPL between May 2020 and when my son turns 1 in August 2020. There are 13.5 weeks between those two dates. I will likely only use about 8-9 weeks of PPL due to work deadlines in May-June.

I should add that other agencies may interpret the PPL law differently. This is interim guidance released by my agency and is subject to change before and after the May 2020 implementation date. I have family and friends at State Dept who are currently pregnant or have had babies in recent months and they've been told the PPL will go into effect October 2020. No guidance yet if people will be able to take advantage if a child is born before that date but not yet 1 year of age.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My (independent) agency is implementing the paid-leave effective May 1. Anyone who has a kid before that date will be covered by our current policy (a mix of STD for moms and if a dad using up to 8 weeks of sick to care for mom and baby immediately post-birth).

We had a kid last August so we were hoping to get to use the paid leave before the 1st birthday. But my agency is not allowing that.

I have a few friends at DoS having kids this summer. They will just miss the cut off.

Also I should add that my agency put out the following guidance. Again, we are independent so this may change as more clarity comes from OPM:

AQs on Paid Parental Leave (PPL)
Note: These FAQs will be updated with more details closer to the go-live date.

When will PPL be available to [Agency] employees?
Human Resources is working with Technology Services, Payroll, Legal and our plan administrator to bring this benefit to the [Agency] for May 10, 2020.

How will PPL work?
Within the first year of a birth, adoption, or foster placement an employee approved for Family and Medical Leave Act (FMLA) bonding time will be eligible to use up to 12 weeks or 480 hours of 100% paid leave. The eligible employee may take the leave continuously, intermittently, or do both (for example, take off six weeks at the time of birth, adoption, or foster placement, and then use the remaining six weeks on an intermittent basis).

Who is eligible for the [Agency]'s new Paid Parental Leave (PPL)?
The PPL benefit is effective on May 10, 2020. Employees with birth, adoption, or foster placement life events on or after May 10, 2020 will be covered for PPL.

What if an employee gave birth, adopted, or had a foster-placement life event prior to May 10, 2020?
Employees who are within one year from the birth, adoption, or fostering event as of May 10, 2020 may take remaining bonding time from May 10, 2020 forward as paid. Any baby-bonding FMLA leave taken prior to May 10, 2020 will be deducted from their 12-week PPL.

Are birth parents still eligible under the Short Term Disability (STD) benefit?
Yes, birth parents continue to be eligible for either 6 or 8 weeks of pay under the STD plan immediately following the birth of their child.

Are non-birth parents still eligible for 8 weeks of sick leave immediately following the birth, adoption, or fostering of a child?
Yes.

Help me understand better. If I gave birth on February 3, 2020 and I am approved for 8 weeks of STD maternity leave and then I immediately use my own annual leave for continuous bonding time under FMLA until May 10, 2020. Will my own leave used prior to May 10th be returned and will I get PPL from May 10 forward?

In this scenario, the STD benefit covers the birth parent from February 3, 2020 through March 29. FMLA bonding time from March 30 though May 9 will be unpaid FMLA; substituted with annual leave for a total of 6 weeks until May 10. From May 11 forward, the employee will have 6 weeks remaining of paid parental leave to use going forward, either continuously or intermittently, until February 3, 2021. Your own leave used during the period from March 30 though May 9 will not be returned.

Are domestic partners eligible for PPL?
Yes.

So if I am reading it correctly, if you burned your own leave prior to May 2020, you don't get it back. But those days are still subtracted from your PPL. Seems unfair. They should credit those AL days back to the employee, or give the employee the whole PPL period. Women lose again.

I'm the PP here
What I don't understand in my agency's FAQs is why a person would declare FMLA and use annual leave simultaneously. Just use the annual leave, as if it's vacation time. There's no requirement to declare FMLA if you're burning annual leave days.

The guidance really disadvantages people who "declared" FMLA within the period May 2019 to May 2020. My DW really wanted me to use unpaid FMLA leave, but now in hindsight we are happy I did not. I'll get to spend most of the summer 2020 off of work and bonding with my kid.

[Anonymous]

Anonymous wrote:
I'm the PP here
What I don't understand in my agency's FAQs is why a person would declare FMLA and use annual leave simultaneously. Just use the annual leave, as if it's vacation time. There's no requirement to declare FMLA if you're burning annual leave days.

The guidance really disadvantages people who "declared" FMLA within the period May 2019 to May 2020. My DW really wanted me to use unpaid FMLA leave, but now in hindsight we are happy I did not. I'll get to spend most of the summer 2020 off of work and bonding with my kid.

FMLA while in annual leave paid status invokes job protection. Even if you have the accrued leave, without invoking FMLA your position could potentially be eliminated or you could be reassigned. It might be agency culture/policy to allow sequential PPL or STD and FMLA, but *legally* your supervisor doesn't have to honor the protections in FMLA if you haven't invoked it. There may be separate union agreements, etc, that extend OPM policy, of course.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I doubt it, because that was supposed to be for recovery time, and now that will be covered by the parental leave.

But you are recovering from birth, seems like an appropriate use of sick leave. You should be able to use those weeks of sick leave to recover and then the 12 weeks to bond with and care for the child.

100% agree. My guess - get a doc note for your recovery period and use your sick leave. Then use the 12 weeks under this paid leave plan. If you couldn’t do that, this hardly seems equitable- fathers get bonding time but mothers have to use it for recovery?!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I doubt it, because that was supposed to be for recovery time, and now that will be covered by the parental leave.

But you are recovering from birth, seems like an appropriate use of sick leave. You should be able to use those weeks of sick leave to recover and then the 12 weeks to bond with and care for the child.

100% agree. My guess - get a doc note for your recovery period and use your sick leave. Then use the 12 weeks under this paid leave plan. If you couldn’t do that, this hardly seems equitable- fathers get bonding time but mothers have to use it for recovery?!

My agency has already interpreted it in this manner:
Mother can use STD and/or accrued sick leave for initial 8 weeks post birth. Then PPL will be used for 12 weeks, either at once or broken up over the course of the baby’s first year.

Father can only use accrued sick leave for initial 8 weeks, then has 12 weeks PPL over the course of baby’s first year.

If you’re a dual Fed couple, you can basically have someone at home for the baby’s first 8 months if your PPL’s don’t overlap. That’s great.