Reply to Feds - paid parental leave

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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.[/quote]

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:

[quote][i]
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.
[/quote][/i][/quote]

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. [/quote]

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. [/quote]

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