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.

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.

PP here. I fully understand that 6 months can seem like forever once one has embarked on conceiving-- but I am in the middle of IVF at 44, and with the policy change I am now delaying my transfer until late April. The 12 weeks benefit is worth about $40,000 to me, and I don't want to run the risk of a premature birth leaving me high and dry on all fronts. I'm lucky to have a short-term disability policy but I would hate to have to use it on bedrest or a 28-week C section.

Anonymous wrote:Separate question, do you have to be there for a year to get the benefit? I just got an offer and also trying to conceive, of I give birth 9 months into my job do I still get 12 weeks?

They haven't written the policy yet, but FMLA only kicks in after a year, so you should assume that the parental leave policy will follow FMLA. Also, your first year in the federal government is probational, which means you could be let go at any point during that year at will. Also, if you take leave without pay during your first year you will be in a significant hole and put some benefits at risk. IOW, while your supervisor can certainly choose to hold your job for you, they have no requirement to. I would put off conception until after the first 1/2 year if you really want to make the move to federal.

Separate question, do you have to be there for a year to get the benefit? I just got an offer and also trying to conceive, of I give birth 9 months into my job do I still get 12 weeks?

the sick leave rules had to do with allocation of resources. sick leave is not a debt that has to be paid out if an employee leaves, but annual leave is. 6-8 weeks was the max an employee could take of *sick leave* before the federal government would force them to spend down their annual leave balance. again, up to a max of 12 weeks total for FMLA. (feds exempt themselves from DC's 16 week FMLA requirement.)

Anonymous wrote:The federal government has only obliged itself to grant 12 weeks of FMLA. So even if you had a bunch of sick leave you wanted to burn in addition to the new parental leave, your job may not be there when you get back.

Also, kids==getting sick. You're going to need that leave as soon as they go to daycare.

I think this is the most likely answer. OPM will write the rules and it is possible they will allow 6-8 weeks + 12 weeks (if your supervisor allows, which they don't have to since FMLA is 12 weeks) but if I were them I would write the rules such that you can no longer take sick leave for recovery from uncomplicated childbirth (or to care for someone recovering from uncomplicated childbirth).

Save that leave! I nearly lost my job when I had no leave and had already taken 12 weeks.

The federal government has only obliged itself to grant 12 weeks of FMLA. So even if you had a bunch of sick leave you wanted to burn in addition to the new parental leave, your job may not be there when you get back.

Also, kids==getting sick. You're going to need that leave as soon as they go to daycare.

Anonymous wrote:Why would you want to? There is no cap on the amount of sick leave you can accrue. Take the 12 weeks and save the sick leave for all the times you’ll need it to care for a sick child for many years to come.

Because then you would have 18 weeks of paid leave.

We'll have to wait and see how the rule is implemented, and what the regs say when they come out.

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.

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

Why would you want to? There is no cap on the amount of sick leave you can accrue. Take the 12 weeks and save the sick leave for all the times you’ll need it to care for a sick child for many years to come.

Starting October 202, Feds will get 12 weeks of paid parental leave. But does anyone know if we still can also use 6-8 weeks of sick leave at the start for recovery from vaginal/c-section birth?