A, 101(h), 112 Stat. for better understanding how a document is structured but electronic version on GPOs govinfo.gov. Any paid parental leave substituted for FMLA unpaid leave during the 12-month period beginning on the date of a child's birth or placement shall count towards the 12-week limit on paid parental leave described in 630.1703(b) applicable in connection with the birth or placement involved. These include contributions towards retirement and insurance, Thrift Savings Plan (TSP) contributions, Social Security and Medicare taxes, and paid leave and holidayswhich would inflate the total compensation costs by about 50 percent above the estimated direct salary costs of $995 million (i.e., $498 million in benefit costs). For the purpose of applying paragraph (a) of this section. An employee may also use FFSL to make funeral or. 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 630.1706 provides the application of paid parental leave in cases where an employee is incapacitated at the time the use of paid parental leave would be permissible. We believe it is better to address agency responsibilities in one place in the introductory 630.1201. While it is impossible to predict the level of use of sick leave for these purposes in the future, it is reasonable to conclude that there will not be significant increases in the number of employees using sick leave for family care or bereavement purposes now that the program is firmly established and employees are generally aware of their entitlement. Section 630.1705(a) provides that an employee may not use paid parental leave unless the employee agrees (in writing), before the start of paid parental leave, to work for the applicable employing agency for not less than 12 weeks beginning on the first scheduled workday after such leave concludes. Any use of paid parental leave during a given 12-month period will count toward that period's 12-week limit. However, the employing agency has considerable discretion in imposing the reimbursement requirement and is barred from imposing it in some cases. If an employee would have otherwise used leave without pay for periods covered by paid parental leave, there is an immediate transfer from the Government to the employee receiving paid parental leave, but there is no need for other staff to work additional hours to maintain the level of Government service. 6382(a)(1)(A) or (B), respectively) in connection with the occurrence of a birth or placement. The title 5 FMLA provisions, which apply to the majority of civilian Federal employees, are administered by OPM. Effective Date: 10/01/2020 Document Type: Rule Document Citation: 85 FR 48075 Page: 48075-48096 (22 pages) CFR: 5 CFR 630 40/80 times 120 equals 60.). 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. (b) Applicability. Various studies indicate that paid parental leave may improve the health of the birth mother and the child. Official websites use .gov Child means a son or daughter as defined in 630.1202 whose birth or placement is the basis for entitlement to paid parental leave. (c) Agency responsibilities. (See 630.1203(g) and (i)). In addition, agencies will face ongoing administrative costs (including the administrative costs of administering the program and hiring and training new staff to replace lost hours of work) as Federal employees utilize additional parental leave. It may include short periods away from the child's physical presence to purchase supplies needed to care for the child (e.g., buying baby food, diapers, or other supplies). An agency head must waive the work obligation if an employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health) of the employee or the newly born/placed childbut only if the condition is related to the applicable birth or placement. Thus, paid parental leave must only be used after the birth or placement has occurred. the .gov website. 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 estimate that this rule generates $5.9 million in annualized costs, in 2016 dollars, discounted at seven percent over a perpetual time horizon relative to 2016. The interim final rule is temporary in nature, and OPM will promulgate a final rule as soon as practical after receiving public comments on the interim final rule. One agency recommended limiting the definition of "family member" to those individuals covered by the definitions of "spouse," "son or daughter," and "parent" under the Family and Medical Leave Act of 1993. Leave bank members affected by personal or family medical emergencies can then withdraw leave from the bank if they exhaust their own paid leave. (ii) Any other circumstance beyond the employee's control, subject to paragraph (h) of this section. The Congressional Budget Office estimated that higher annuity payments due to increased sick leave balances at retirement (resulting from availability of paid parental leave) would increase direct spending by less than $500,000 over the 2020-2029 period. Thus, OPM has determined that the rule must be implemented expeditiously as a result of an emergency. (See the Federal Claims Collection Standards in 31 CFR parts 900 through 904. Section 630.1203(d) is revised to delete language that seems to suggest that there is always only one 12-month period in connection with FMLA unpaid leave used in connection with a birth or placement. This report presents the Office of Personnel Management's findings on the use of sick leave for family care or bereavement purposes under the Federal Employees Family Friendly Leave Act, Public Law 103-388, October 22, 1994. 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. By statute, it applies equally to both parents. The Federal Employees Family Friendly Leave Act has had a very positive impact on employees, managers, and the ability of Federal agencies to accomplish their mission. This leave is not available to an employee who does not have a current parental role. This provision applies not only to an employee who is an expectant mother but also to an employee who is the other parent of the expected child, to the extent that other parent is providing necessary care for the expectant mother. Based on our review of the program established by the Federal Employees Family Friendly Leave Act and the overwhelming support expressed by agencies, the Office of Personnel Management recommends that this program be made permanent. Postal Service) increased from 8.6 days in 1994 to 8.8 days in 1995 and to approximately 9.3 days in 1996(1). 6382 dealing with paid parental leave are not effective with respect to any birth or placement (for adoption or foster care) occurring before October 1, 2020. If the agency determines that an employee fraudulently claimed an entitlement to paid parental leave, the agency may pursue an appropriate disciplinary action, up to and including removal from the Federal service. The definitions of terms in 630.1202 are applicable in this subpart to the extent the terms are used, except that, to the extent any definitions of terms have been further revised in 630.1702(b), the provisions of that section shall apply for purposes of this subpart. Section 630.1703(a) states that an employee may elect to substitute available paid parental leave for any FMLA unpaid leave granted based on the occurrence of a birth or placement (for adoption or foster care). This employee certification may contain a statement in which the employee acknowledges an understanding of the consequences of providing a false certification (e.g., the possibility that the employing agency could pursue appropriate disciplinary action, up to and including removal from Federal Service, or make a referral to a Federal entity that investigates whether conduct constitutes a criminal violation). The estimate excludes approximately 100,000-150,000 employees with temporary appointments or intermittent work schedules, as such employees are excluded from coverage under title 5 FMLA provisions. The conditional approval is based on the presumption that the employee would have elected to substitute paid parental leave for the applicable FMLA unpaid leave and would have entered into the work obligation agreement if the employee had not been incapacitated. Section 630.1206(c) addresses the paid leave substitution rules for FMLA leave connected to a serious health condition or an exigency. See section 6382(b) and 630.1205(a). The 12 administrative workweeks of paid parental leave may be used only during the 12-month period beginning on the date of the birth or placement involved. 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). In other words, sick leave may be granted for any period during which the use of sick leave would otherwise be permitted by law or regulation. ", To enable the Office of Personnel Management (OPM) to evaluate the use of sick leave for family care or bereavement purposes, agencies were requested to provide data on the use of sick leave for these purposes. In addition, a covered full-time employee who maintains a balance of at least 80 hours of sick leave may use an additional 64 hours (8 workdays) of sick leave per year for these purposes, bringing the total amount of sick leave available for family care or bereavement purposes to a maximum of 104 hours (13 workdays) per year. If the employee invokes FMLA leave in order to care for the child starting on June 1, 2022, a new 12-month FMLA period would begin at that time. 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. 4. While it is difficult to demonstrate cause and effect when it comes to adopting one new employee benefit, there are surveys and other indications that a family-friendly paid parental leave policy can help make an employer more attractive to job seekers, increase job satisfaction, increase employee morale and engagement, increase the likelihood of a birth mother returning to work, and reduce turnover (i.e., increase retention). Since we are revising the leave substitution regulations in 630.1206 to address changes made by FEPLA, we determined we should address FMLA leave for care of covered servicemembers in subpart L. (See revised 630.1206(d), which links to 630.1203(j).) informational resource until the Administrative Committee of the Federal 6133(a) (read with 5 U.S.C. In other words, agency payroll systems will apply the same rules they apply in determining what pay continues during annual leave. The amount of leave is set by statute at 12 weeks for each eligible employee. Printer-friendly version; . For a FERS employee who retired between October 28, 2009, and December 31, 2013, 50 percent of his or her sick leave was credited toward the employee's FERS annuity computation. If the employee uses FMLA unpaid leave after obtaining that new entitlement, a new 12-month FMLA period will commence, and the employee will be able to use 12 weeks of FMLA unpaid leave during that period. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). At the end of that 12-month period, any unused balance of paid parental leave granted in connection with the given birth or placement permanently expires and is not available for future use. On December 20, 2019, the Federal Employee Paid Leave Act (the Act) was enacted, in which Congress set the effective date for the new paid parental leave rules as October 1, 2020, just 9 months after enactment. We attribute these increases to a growing employee awareness of their entitlement to use sick leave for family care or bereavement purposes. The documents posted on this site are XML renditions of published Federal For example, agencies reported that most of the employees who needed additional time off to care for a family member with a catastrophic or life-threatening illness or injury were currently receiving donated annual leave under the Federal leave transfer and leave bank programs. (g) Medical certification. In contrast to other types of FMLA leave, the leave entitlement for FMLA leave to care for a covered service member is 26 administrative workweeks during a single 12-month period. Start Printed Page 48087, American Action Forum, Analysis of AEI-Brookings Working Group Proposal on Paid Parental LeaveJune 2017, https://www.americanactionforum.org/research/analysis-aei-brookings-working-group-proposal-paid-parental-leave/, American Action Forum, The Fiscal Implications of the FAMILY Act: How New Paid Leave Benefits Increase Leave-Taking and Drive Up Estimated Program CostsMarch 2019, https://www.americanactionforum.org/research/the-fiscal-implications-of-the-family-act-how-new-paid-leave-benefits-increase-leave-taking-and-drive-up-estimated-program-costs/, Institute for Women's Policy Research, Paid Parental Leave in the United States: What the data tell us about access, usage, and economic and health benefitsJanuary 23, 2014, https://iwpr.org/wp-content/uploads/wpallimport/files/iwpr-export/publications/B334-Paid%20Parental%20Leave%20in%20the%20United%20States.pdf, National Partnership for Women & Families, Leading on Leave: Companies With New or Expanded Paid Leave Policies (2015-2019)August 2019, https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/new-and-expanded-employer-paid-family-leave-policies.pdf, Pew Research Center, Americans Widely Support Paid Family and Medical Leave, but Differ Over Specific PoliciesMarch 2017, https://www.pewsocialtrends.org/2017/03/23/americans-widely-support-paid-family-and-medical-leave-but-differ-over-specific-policies/, Urban Institute, Paid Family Leave in the United States: Time for a New National PolicyMay 2017, https://www.urban.org/sites/default/files/publication/90201/paid_family_leave_0.pdf, Table 1aProjected Birth Events for Female Federal Employees Based on Nationwide Maternity Rates, Table 1bProjected Birth Events for Male Federal Employees Based on Nationwide Paternity Rates, Table 2Average Salary for Female and Male Employees, Table 3Projected Salary Cost and Birth Event Percentage, Table 4Projected Salary Cost for Birth and Placements. This means that paid parental leave may not be provided to an employee unless the employee enters into such an agreement. 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. An official website of the United States government. Section 630.1705(j) provides that each agency is responsible for adopting its own set of policies governing when it will or will not apply the reimbursement requirement described in 630.1705(f). Examples of situations beyond the employee's control include such situations as where a parent chooses to stay home because a child has a serious health condition or an employee moves because the employee's spouse is unexpectedly Start Printed Page 48095transferred to a job location more than 75 miles from the employee's worksite.
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