The Federal Employee Paid Parental Leave Benefit

The Federal Employee Paid Parental Leave Benefit

Updated March 5, 2024
The Federal Employee Paid Parental Leave Benefit
This In Focus provides an overview of the federal employee
OPM regulations provide that the PPL benefit is available
paid parental leave benefit created by the Federal Employee
only to employees with “a continuing parental role with
Paid Leave Act (FEPLA), Title LXXVI, Subtitle A of the
respect to the child whose birth or placement triggered the
National Defense Authorization Act for Fiscal Year 2020
leave entitlement.” Employees who claim the PPL benefit
(P.L. 116-92) and amended by the William M. (Mac)
must, in general, be at home with the child or otherwise
Thornberry National Defense Authorization Act for Fiscal
spend time bonding with the child. Based on OPM
Year 2021 (FY2021 NDAA; P.L. 116-283). The benefit is
regulations, the PPL benefit is not available to an employee
available to most civilian federal employees and allows for
who is “not engaged in activities directly connected to care
the substitution of up to 12 weeks of paid parental leave
of the child—for example, if the employee is physically
(PPL) for unpaid leave guaranteed by the Family and
located outside the local geographic area where the child is
Medical Leave Act (FMLA), which can be used for the
located.”
arrival of the employee’s new child by birth, adoption, or
foster care placement and for bonding with that child.
The Remaining FMLA Entitlement
Under the FMLA, eligible employees are entitled to 12
PPL Benefit
workweeks of job-protected, unpaid leave in a 12-month
FEPLA amended the family and medical leave provisions
period, with the continuation of their health insurance
of Title 5, U.S. Code, to establish a new category of paid
benefits. The PPL benefit can only be claimed after a
leave that may be used by a federal employee claiming
child’s arrival and must be claimed together with FMLA-
FMLA-protected leave for the arrival and care of the
protected leave within the same 12-month period. If in the
employee’s child. In general, to claim the PPL benefit, the
12-month period the employee has used part of that
employee must
entitlement before the arrival of a new child, the employee
can only claim the PPL benefit for the remainder of the
• be eligible for leave under the FMLA;
entitlement. For example, if the employee used two weeks
of FMLA-protected unpaid leave for a serious health
• not have exhausted the leave available under the FMLA; condition, she would have 10 weeks remaining on her
•
FMLA entitlement when the child arrived and could then
follow FMLA notification and documentation
use up to 10 weeks of the PPL benefit in the remaining
requirements; and
period.
• agree in writing to return to work for at least 12 weeks
FMLA Notification and Documentation
after the PPL concludes.
Requirements
In general, an employee must notify his or her employing
The PPL benefit must be used within 12 months of the
child’s arrival.
agency of her or his intent to use FMLA leave at least 30
Unlike FMLA, this benefit is provided at
days before the expected leave date. OPM regulations
full pay and is in addition to the employee’s annual and sick
provide that an employee’s agency may request that the
leave benefits. FEPLA does not require an employee to use
employee provide documentation demonstrating that the
any accrued annual or sick leave before using PPL.
use of PPL is in connection with a child’s arrival (e.g., a
birth certificate, adoption or foster care documents) and
The Office of Personnel Management (OPM) issued an
may require an employee to attest, in writing, that PPL is
Interim Final Rule to implement FEPLA on August 10,
being used in connection with a child’s arrival. In general,
2020. OPM indicated that it would promulgate a final rule
“as soon as practical” after re
an employee must notify an employing agency of the
ceiving comments on the
employee’s election to substitute PPL for unpaid leave prior
interim final rule, but a final rule has yet to be issued.
to the date paid leave commences.
Eligibility
Return-to-Work Agreement
To be eligible for family and medical leave under the
With some exceptions described below, employees may not
FMLA, federal employees are generally required to have
use the PPL benefit provided by FEPLA unless they agree
completed at least 12 months of service with the federal
in writing to return to work for their employing agency for
government. Specified active duty service performed by
12 workweeks following the conclusion of that leave.
employees who are members of the National Guard or
Should an employee fail to do so, and if certain conditions
Reserves is counted toward the 12-month service
enumerated in the act do not apply, the employing agency
requirement, as is past honorable active service in the U.S.
may recoup its contributions to the employee’s health care
Army, Navy, Air Force, Space Force, or Marine Corps.
premiums made during the period of leave.
https://crsreports.congress.gov

The Federal Employee Paid Parental Leave Benefit
Federal Employee Coverage
sick leave and paid annual leave as workplace benefits, and
FEPLA amended the family and medical leave provisions
both may be used for certain family and medical leave
of Title 5, U.S. Code, to make PPL available to most
needs. Full-time federal employees can earn up to 13 days
civilian federal employees. The act also amended the
of sick leave per year and are entitled to use such leave for
Congressional Accountability Act (CAA) to provide the
personal medical needs, the adoption of a child, and certain
benefit to legislative branch employees who are not covered
other reasons. Sick leave may not be used to bond with a
by Title 5. Employees covered by the CAA include
healthy child. Federal employees can earn between 13 and
employees of the U.S. House of Representatives and the
26 days of annual leave, which may be used for any
Senate, among others (see the definition of covered
purpose, subject to a supervisor’s approval of the timing of
employee at 2 U.S.C. §1301(a)(3)). The act made other
leave.
amendments classified in Title 29, U.S. Code, to make PPL
available to Government Accountability Office (GAO) and
Recent Legislative Proposals
Library of Congress employees. In general, these
Legislation that further addresses the availability of paid
employees are eligible for PPL under the same terms as
family and medical leave has been introduced in the 118th
employees covered by the family and medical leave
Congress. The Comprehensive Paid Leave for Federal
provisions of Title 5, except they are not required to
Employees Act (CPLFFEA; H.R. 856/S. 274) would amend
complete at least 12 months of service to be eligible and do
the FMLA; the family and medical leave provisions of Title
not have to complete a return-to-work agreement after PPL
5, U.S. Code; and other sections of the U.S. Code to allow
concludes.
up to 12 weeks of paid leave for the following family and
medical needs:
FY2021 NDAA, Technical Corrections
The FY2021 NDAA further extended the PPL benefit to
• the birth and care of the employee’s child;
other groups of federal employees not covered by FEPLA.
•
For example, Section 1103(c) of the FY2021 NDAA
the placement of the employee’s child for adoption or
extended the PPL benefit to Federal Aviation
foster care;
Administration and Transportation Security Administration
• the care of the employee’s spouse, child, or parent
employees, and Section 1103(d) extended the benefit to
because that individual has a serious health condition;
certain Veterans Health Administration employees (health
care professionals) described at 38 U.S.C. §7425.
• the employee is unable to perform the functions of her
or his position because of a serious health condition; and
U.S. Postal Service and Postal Regulatory
Commission Employees
• a qualifying exigency resulting from the employee’s
Employees of the U.S. Postal Service and the Postal
spouse, child, or parent serving on covered active duty
Regulatory Commission remain ineligible for the PPL
or being notified of an impending call or order to
benefit after the enactment of the FY2021 NDAA. These
covered active duty.
employees are not entitled to the benefit because they are
not considered employees for purposes of the family and
Under the FMLA, a serious health condition is one that
medical leave provisions in Title 5, U.S. Code, and the
requires inpatient care or continuing treatment by a health
benefit has not been made available in other laws specific to
care provider. FMLA-protected leave for the care of a child
the postal service.
with a serious health condition generally refers to such care
of a child who is under age 18. Covered active duty refers
Federal Employee Take Up of PPL
generally to the duty of an Armed Forces member during
Responses to the OPM 2022 Federal Employee Viewpoint
deployment to a foreign country. OPM has recognized a
Survey indicate that an estimated 4% of federal employees
qualifying exigency related to covered active duty service to
from surveyed agencies used PPL between October 1, 2020,
include a variety of activities, including the need to make
and the date they responded to the survey. Among the
financial or legal arrangements to address the military
member’s absence.
estimated 4% who used PPL, 81% used the full 12 weeks of

paid leave. Those who used less were able to select from
multiple reasons, and the top three reported reasons were
Additionally, the CPLFFEA would amend the FMLA to
employee concerns about being away from their job
make 12 weeks of paid family and medical leave available
responsibilities for 12 weeks (57%), employee concerns
to U.S. Postal Service and Postal Regulatory Commission
about the impact using the leave would have on career
employees under the same conditions as would be available
advancement (29%), and the employee did not need the full
to GAO and Library of Congress employees. The
12 weeks (29%). (Employees were able to select more than
CPLFFEA would also generally allow paid leave in
connection with adoption to begin before a child’s
one reason.)
placement for “activities necessary to allow the adoption to
Other Available Leave
proceed,” and would expand FMLA protections to allow
Some federal employees may lack access to PPL if they are
annual or sick leave to be used for the family and medical
not covered by the statute, do not meet the eligibility
needs listed above.
requirements for PPL, or they have exhausted their FMLA
entitlement before their child’s arrival. Such employees
Sarah A. Donovan, Specialist in Labor Policy
may be able to use other paid leave available for parental
Jon O. Shimabukuro, Legislative Attorney
needs. Federal civil service employees are entitled to paid
IF12420
https://crsreports.congress.gov

The Federal Employee Paid Parental Leave Benefit

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https://crsreports.congress.gov | IF12420 · VERSION 3 · UPDATED