6382(a)(1)(A) or (B) in connection with the occurrence of the birth or placement (for adoption or foster care) of a son or daughter. Based on OPM data, the 2.0 million employee population includes approximately 50,000 part-time employees. If it is not practicable under the particular circumstances for an employee to respond within the 15-day time frame, despite the employee's diligent, good faith efforts, the employee must provide the documentation or certification within a reasonable period of time under the circumstances involved, but no later than 30 calendar days after the date of the agency's original request. There is no authority for a partial waiver of the amount owed. Since paid parental leave â¦ 412(c), the regulations implementing the title 3 FMLA provisions may be consistent with the title 5 FMLA regulations.) 6382(a)(3)-(4). The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. The availability of paid parental leave will depend on when the employee uses various types of FMLA unpaid leave relative to any 12-month period established under § 630.1203(c). documents in the last year, by the Education Department, the Homeland Security Department, the Agriculture Department, the Agency for International Development, the Housing and Urban Development Department, the Justice Department, the Labor Department, the Veterans Affairs Department, and the Health and Human Services Department Any use of paid parental leave during a given 12-month period will count toward that period's 12-week limit. The invalidated leave that was used based on the conditional approval during the employee's incapacitation must be converted to an unpaid absence(s) as “leave without pay” (LWOP). It also requires that their group health benefits be maintained during the leave. Section 630.1203(b) is revised to give an employee who was incapacitated more time to retroactively invoke FMLA leave. 412. If Start Printed Page 48096the employee substitutes paid parental leave during that overlap period, that amount of paid parental leave would count towards both the 12-week limit associated with the birth event and the 12-week limit associated with the placement event. That would also limit the employee to no more than 10 weeks of paid parental leave during that single 12-month period. 6381(7)(B)) that interrupts civilian service due to a qualifying call or order for deployment to a foreign country as a member of the National Guard or Reserves, to the extent that such active duty is not already creditable service under paragraphs (A) through (E) of this paragraph (b)(1)(ii). and services, go to The paid leave substitution rules for FMLA unpaid leave granted under subparagraphs (A) and (B) of section 6382(a)(1)—dealing with a child birth event and with the placement of a child for adoption or foster care, respectively—are now addressed in a new subsection (d)(2) of section 6382. legal research should verify their results against an official edition of 6382(a)(3) and (4), the leave entitlement is 26 administrative workweeks in a single 12-month period. FMLA unpaid leave means leave without pay granted under the Family and Medical Leave Act (FMLA) regulations in subpart L of this part. Various studies have shown the positive impact of increasing bonding between parent and child. 2(d), Pub. The unused leave may not be rolled over for use in a future period, nor may a payment be made to the employee for unused paid parental leave that has expired. the official SGML-based PDF version on govinfo.gov, those relying on it for 804(2). In other words, the general rule is that retroactive substitution is not allowed. documents in the last year, 236 That statistic does not account for children who may have multiple placements while continuously in the foster care system. This implies annual transfers of between $890 million and $1.3 billion, with a mean estimate of $1.1 billion. Section 630.1206 addresses paid leave substitution for the various categories of FMLA unpaid leave. This new benefit will likely improve the desirability of Federal employment, and likely increase the quality of Federal employees, leading to improved services for the general public. Unlike the title 29 FMLA eligibility requirements, employees under the title 5 FMLA are not required to be employed by a specific employer for at least 12 months or to have at least 1,250 hours of service during the previous 12-month period; instead, they need only 12 months of covered service performed at any time in the past. 44935 note); and, (ii) Has completed at least 12 months of service (excluding any service as an employee identified in paragraph (b)(2) of this section) at any time as—. 641 (5 U.S.C. No new taxes. This means that paid parental leave may not be provided to an employee unless the employee enters into such an agreement. The term “applicable employing agency” means the agency employing the employee at the time use of paid parental leave concludes. For example, if an employee has a child born on June 1 and another child placed for adoption on October 1 of the same year, each event would generate entitlement to substitute up to 12 weeks of paid parental leave during the separate 12-month periods beginning on the date of the birth and on the date of the placement, respectively. Such FMLA unpaid leave may be used to care for the newly born or placed son or daughter, and thus allows for bonding between parent and child. (c) Conversion of weeks to hours. (4) An employee may request to use annual leave or sick leave without invoking family and medical leave, and, in that case, the agency exercises its normal authority with respect to approving or disapproving the timing of when the leave may be used. Section 630.1203(f) is revised to clarify how to recalculate an employee's unused balance of family and medical leave if there is a change in an employee's scheduled tour of duty during any 12-month FMLA period that commenced due to use of family and medical leave. (2) If an employee covered by paragraph (b)(1) of this section declines to enter into the written agreement after being determined by the agency to no longer be incapacitated, the agency must cancel any portion of the 12 weeks of paid parental leave that has not been exhausted, and designate as invalid any paid parental leave that was used based on the conditional approval. Source of number of Federal employees (all ages): FedScope—July 2019 and other data sources for employees not in FedScope; * full-time and part-time permanent employees. The medical standard for a normal recovery period is generally 6 weeks for vaginal birth and 8 weeks for caesarian section, unless complications arise.) Paragraph (b) allows an employee's personal representative to elect, on behalf of the employee, to substitute paid parental leave for applicable FMLA unpaid leave (i.e., approved FMLA leave based on birth or placement of a child). While paid parental leave may be substituted for FMLA unpaid leave only for periods after birth or placement of a child, employees will still be able to use FMLA unpaid leave for certain purposes related to an anticipated future birth or placement and will be able to substitute annual or sick leave (as appropriate) for such unpaid FMLA leave. Thus, the law anticipates that paid parental leave would be provided on a prospective basis after an employee elects to use the leave and enters into a work obligation agreement. The entitlement to paid parental leave is triggered by the Start Printed Page 48093occurrence of a birth or placement. Periods of other nonduty status include such periods as a furlough or an absence without leave (AWOL).) Section 630.1206(b) provides that paid parental leave may be substituted for FMLA unpaid leave based on a birth or placement event as provided in the new subpart Q. Paragraph (b) also addresses the possibility of substituting annual and sick leave for FMLA unpaid leave based on birth or placement. If a child is born or adopted on â¦ (1) The paid parental leave that is available for purposes of paragraph (a) of this section is 12 administrative workweeks in connection with the birth or placement involved. Section 630.1701(b) states that subpart Q applies to employees to whom subpart L applies and also to employees who are covered by agency FMLA regulations issued under § 630.1201(b)(3)—for example, certain Department of Defense teachers or employees of certain nonappropriated fund instrumentalities. We lack data to assume that employees will not take full advantage of this paid parental leave. (The recovery period would be whatever is specified by a health care provider. (b) Applicability. Section 630.1702 also provides definitions of additional terms used in subpart Q—agency, child, These rules are consistent with statutory rules on paid leave substitution for this category of FMLA leave. Also, since § 630.1206 has been revised, the reference to the substitution of paid leave under § 630.1206(b) is being changed to a more general reference to § 630.1206. We believe that this benefit may support greater income equality between men and women by reducing the length of interruptions in the woman's career—by making it easier to have a child and then return to work. on While we have identified scenarios in which the transfers could be delayed or even, in the sick leave scenario, not equal to the full value of the paid parental leave, we lack data to estimate the effects those scenarios will have on annual costs during the 5-year timeframe for this regulatory impact analysis. The effective date of an employee's election of paid parental leave may not be delayed because an employee has not provided requested certifications. Register, and does not replace the official print version or the official L. 114-75, 129 Stat. In addition, some employees covered by title 5 FMLA provisions are not in the OPM database. (12 weeks = 6 biweekly periods. This subpart provides regulations to govern the granting of paid parental leave to covered employees. that agencies use to create their documents. (4) An agency may grant paid parental leave prior to receiving any requested documentation or certification under this paragraph (h) based on an employee's communications with a supervisor or management. Thus, the 12 weeks of paid parental leave would completely fill any FMLA unpaid leave for birth or placement purposes, and there would be no opportunity to substitute annual or sick leave. For the most part, the paid parental leave benefit is established by statute. Likewise, ensuring that expectant parents have complete information about paid parental leave policies will allow them to prepare for taking paid parental leave. Section 630.1703(c) and (d) address how the entitlement of 12 administrative workweeks of paid parental leave is converted to hours or days, depending on the nature of an employee's scheduled tour of duty and whether leave is charged on an hourly or daily basis. An agency has more control over the scheduling of an employee's annual leave if it is requested independent of FMLA leave. Amend paragraph (b) by removing “2 workdays” and adding “5 workdays” in its place; c. Revise paragraphs (d), (e), (f), and (g); and. As noted, we lack data to quantify many important aspects of the effects of this rule on payments to Federal staff. Weighted average salary computed separately for females and males by multiplying number of projected births in age group (from Table 1a) by respective average salary, summing those products for each age group, and dividing that sum by the number of birth events (, Total Combined Cost (direct salary costs), Percentage of all employees * having a birth event in a year. Section 630.1206(e) states various general rules related to an employee's entitlement to substitute paid leave. If an employee uses other types of FMLA leave in that single 12-month period, the combined amount of FMLA leave is limited to 26 administrative workweeks. These circumstances must be ones that truly compel an employee to not return to work with the employing agency. At the same time, the use of paid parental leave may temporarily increase the burdens on other employees. Cases of multiple children born or placed in the same time period. Also, in the definitions of birth and placement, we are clarifying that the terms may refer to an anticipated birth or placement. 1503 & 1507. Bryce Baker by email at firstname.lastname@example.org or by telephone at (202) 606-2858. The head of an agency having employees subject to this subpart is responsible for the proper administration of this subpart, including the responsibility of informing employees of their entitlements and obligations. (Note: Under 3 U.S.C. 5 U.S.C. An employee is entitled to elect whether or not to substitute paid leave for FMLA unpaid leave, subject to applicable law and regulation. 6329c(d); and subpart Q issued under 5 U.S.C. Section 630.1704(b) provides that paid parental leave is a type of leave that is counted in applying the 8-hour rule in 5 U.S.C. Within 5 workdays after returning to work, the employee must enter into a written agreement to meet the work obligation described in § 630.1705 or pay the required reimbursement (if applicable) unless—, (i) Applying the work obligation and the associated reimbursement requirement is barred under § 630.1705(f)(2); or. Section 630.1705(d) provides how to convert the 12-week work obligation to days for employees who are charged leave on a daily basis. 801 et seq., and OPM will submit a rule report to each House of the Congress and to the Comptroller General of the United States. Sick leave, under the circumstances specified by statute and regulation, is an employee entitlement; therefore, an agency generally may not deny an employee's request to take sick leave outside of FMLA for a sick leave purpose authorized at § 630.401. If that new FMLA period begins during the 12-month period following the birth or placement, it would be possible for the employee to use more than 12 weeks of FMLA unpaid leave for birth or placement purposes between the date of birth or placement and the date that is 12 months after the date of birth or placement. We estimate that this rule will require individuals employed by these agencies to spend time in order to update agency policies and procedures for parental leave, and to devote additional time to manage staffing following increased utilization of parental leave. 7421; (C) A “teacher” or an individual holding a “teaching position,” as defined in section 901 of title 20, United States Code; (D) An employee identified in section 2105(c) of title 5, United States Code, who is paid from nonappropriated funds; (E) An employee carrying out screening functions who is appointed under section 111(d) of Public Law 107-71 (49 U.S.C. (Periods of paid time off include paid holidays on which an employee does not work. In other words, agency payroll systems will apply the same rules they apply in determining what pay continues during annual leave. Those two 12-month periods would be June 1-May 31 and October 1-September 30. Over the past few years, eight states and the District of Columbia have enacted or strengthened their paid family and medical leave laws. chapter 63 as follows: Subparts A through E issued under, Federal Housing Enterprise Oversight Office, Economic Sanctions & Foreign Assets Control, Asylum Eligibility and Procedural Modifications, Pacific Salmon and Steelhead Hatchery Programs, National Oceanic and Atmospheric Administration, OSU Special Collections & Archives : Commons, Modernization of Media Regulation Initiative, Equal Participation of Faith-Based Organizations, Increasing Economic and Geographic Mobility, Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2020, Revisions of FMLA Regulations in Subpart L of, § 630.1201—Purpose, Applicability, and Agency Responsibilities, § 630.1701—Purpose, Applicability, and Agency Responsibilities, § 630.1706—Cases of Employee Incapacitation, § 630.1707—Cases of Multiple Children Born or Placed in the Same Time Period, B. We will assume that the same percentage of Federal employees will have an adoption or foster care placement event in a given year. If it is not practicable for an employee to respond within the 15-day time frame, despite the employee's diligent, good faith efforts, the employee must provide the documentation or certification within a reasonable period of time, but no later than 30 calendar days after the date of the agency's original request. This repetition of headings to form internal navigation links An agency's determination not to apply the reimbursement requirement may be conditioned upon the employee's supplying of a health care provider certification supporting the employee's claim that a serious health condition described in paragraph (f)(2)(i) is causing the employee to be unable return to work for the required 12 weeks. A summary of the paid parental leave provisions incorporated within the title 5 FMLA provisions is provided below. New Documents For employees who are charged leave on an hourly basis (including fractions of an hour), the 12 administrative workweeks referenced in paragraph (b) of this section must be converted to hours based on the number of hours in the employee's scheduled tour of duty (as in effect on the date the employee begins a period of using paid parental leave) as follows: (1) For a regular full-time employee with 80 hours in the scheduled tour of duty over a biweekly pay period, the hours equivalent of 12 administrative workweeks is 480 hours. These rules are consistent with existing rules on paid leave substitution. This information is not part of the official Federal Register document. (g) Leave taken because of the birth of a son or daughter of the employee, as described in paragraph (a)(1) of this section, includes leave necessary for an employee who is the birth mother to recover from giving birth, or for an employee who is the other parent to care for the birth mother during her recovery period, even if the employee is not involved in caring for the son or Start Printed Page 48091daughter during portions of that recovery period. Employees of certain Executive Branch agencies such as the U.S. 40/80 times 120 equals 60 hours remaining under the new scheduled tour of duty.). The statute requires that paid parental leave be provided via substitution for FMLA unpaid leave for purposes of birth and placement for adoption or foster care. Therefore, â¦ Since the interim final paid parental leave regulations do not consider such an adoption to be a new placement triggering the right to use FMLA leave and paid parental leave, for the purpose of our estimates, those adoptions could be subtracted from the 110,000 annual count of adoptions. 1940 (Wagner, R-MO). Various studies indicate that paid parental leave may improve the health of the birth mother and the child. These SEC and FDIC employees will be covered by the title 5 paid parental leave provisions once they take effect on October 1, 2020. 6382(a)(1), respectively), an employee may elect to substitute the following paid leave for any or all of the leave without pay: (1) Accrued or accumulated annual or sick leave under subchapter I of chapter 63 of title 5, United States Code (or equivalent annual or sick leave under another authority), consistent with the law and regulations governing the granting and use of annual or sick leave (including the limitations on the purposes for which sick leave may be used under § 630.401(a) and the hours limitations in § 630.401(b) through (e)); (2) Advanced annual or sick leave approved under the same terms and conditions that apply to any other agency employee who requests advanced annual or sick leave; and. 6382(d)(2)(B)(i) and this subpart and that is granted to cover periods of time within the 12-month period commencing on the date of birth or placement to an employee who has a current parental role in connection with the child whose birth or placement was the basis for granting FMLA unpaid leave under § 630.1203(a)(1) or (2). chapter 89 during the period(s) when paid parental leave was used. (The new part-time tour is 40 hours biweekly, compared to 80 for a regular full-time tour. On December 20, 2019, President Trump signed the 2020 National Defense Authorization Act into law. (ii) For a full-time employee with an uncommon tour of duty (as defined in § 630.201 and described in § 630.210), the hours equivalent of 12 administrative workweeks is derived by multiplying 6 times the number of hours in the employee's biweekly scheduled tour of duty (or 6 times the average hours if the biweekly tour hours vary over an established cycle). (These time frames are consistent with the documentation requirements for sick leave in 5 CFR 630.405(b), the FMLA leave in 5 CFR 630.1208(h) and the disabled veteran leave in 5 CFR 630.1307(c).) Massachusetts maternity leave: everything expectant parents need to know about the new paid family leave law, by Rebecca Gale, September 2018. (See paragraph (3), (4), and (5) of § 630.1203(a), which correspond to subparagraphs (C), (D) and (E) of section 6382(a)(1), respectively.) The revisions and additions read as follows: Administrative workweek means the scheduled tour of duty within the workweek established by the agency for an employee under the definition of “administrative workweek” in 5 CFR 610.102. The Children's Bureau also reported that about 62,000 of the children who left the foster care system (25 percent of the total) in FY 2018 were adopted. We estimate that, in the first Start Printed Page 48086year following publication of the final rule, this will require an average of 160 hours of work by employees with an average hourly cost of $131.76. Section 630.1705(i) provides how to apply the reimbursement requirement described in § 630.1705(f)(1) if more than one agency provided Government contributions on behalf of an employee for that employee's health insurance coverage during periods of paid parental leave. If OPM does not have regulations in place with sufficient lead time for over 120 Federal agencies to implement their policies and procedures, and payroll systems, eligible employees may not be able to claim their paid parental leave benefits on October 1, 2020. The entitlement to paid parental leave is triggered by the actual occurrence of a birth or placement, which results in the employee having a parental role. 6332, 6334(c), 6336(a)(1) and (d), and 6340; subpart J issued under 5 U.S.C. (ii) Any other circumstance beyond the employee's control, subject to paragraph (h) of this section. As discussed previously, we estimate that this rule results in shifts in activity toward the care of young children by Federal employees, and away from other activities. For the purpose of this cost analysis, the assumed average salary rate of Federal employees performing this work will be the rate in 2020 for GS-14, step 5, from the Washington, DC, locality pay table ($137,491 annual locality rate and $65.88 hourly locality rate). If a foster child is later adopted, the placement has already occurred; there is no new placement with a family that would warrant another use of FMLA leave for the same child. An agency must maintain an accurate record of an employee's usage of paid parental leave. (k) Collection of reimbursement. Any other affected agency will make its own determination regarding application of the reimbursement requirement associated with agency employment. 6382(d)(2) is applied on a per employee basis without regard to movements between different agencies during the 12-month period following a birth or placement. To the extent the employee has invalidated paid parental leave hours not replaced by other paid leave or paid time off, pay received for those hours is a debt to the employing agency and is subject to collection under the Federal Claims Collection Standards in 31 CFR parts 900 through 904. Section 630.1708(a) provides that an agency must maintain an accurate record of an employee's usage of paid parental leave. In the case of a newly born or placed child, any serious health condition of the child will be deemed to be related to the applicable birth or placement. Notwithstanding paragraph (b)(1) of this section, an employee will be able to use the full amount of paid parental leave only to the extent that there are 12 weeks of available FMLA unpaid leave granted under the birth or placement provisions in § 630.1203(a)(1) or (2) during the 12-month period commencing on the date of birth or placement. In order to implement FEPLA, OPM is amending part 630 (Absence and Leave) of title 5, Code of Federal Regulations, by amending subpart L (Family and Medical Leave) and adding a new subpart Q (Paid Parental Leave). 2105 (i.e., exchanges and other entities that conduct activities for the comfort, pleasure, contentment, and mental and physical improvement of armed forces personnel) in the Department of Defense and the Coast Guard who are covered by the title 5 FMLA provisions based on 5 U.S.C. The Office of Personnel Management (OPM) is issuing an interim final rule to implement provisions of the Federal Employee Paid Leave Act (subtitle A of title LXXVI of division F of the National Defense Authorization Act for Fiscal Year 2020, Pub. Those excluded from the general Public to Federal employees must take unpaid FMLA leave Budget determined. The entitlement to use sick leave balances for future family needs entered the foster care placements, we assume are... 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