I. PURPOSE

This notice provides guidance on Paid Parental Leave (PPL) as authorized in the Federal Employees Paid Leave Act (FEPLA) and how eligible employees can use up to 12 weeks of PPL under the Family and Medical Leave Act (FMLA) in place of the entitlement to leave without pay (LWOP). This notice outlines eligibility requirements for PPL, the work obligation for those who use PPL, how to request PPL, and the proper transaction code (TC) to use for PPL in WebTA. (5 CFR 630, Subpart Q).

II. ELIGIBILITY REQUIREMENTS FOR PPL

A. An employee who will be the parent of a child in connection with a qualifying childbirth or placement event (newly placed through adoption or foster care) that occurred on or after October 1, 2020; and

B. An employee must meet all eligibility requirements to use leave under FMLA. An employee must:

1. Have completed at least 12 months of service under an appointment type that is covered under FMLA; and
2. Be a full-time or part-time employee serving under an appointment covered by FMLA. (Employees on an intermittent work schedule or on a temporary appointment with a time limitation of one year or less are not eligible to use PPL.)

III. LEAVE ENTITLEMENT

A. Eligible full-time employees are entitled to up to 12 weeks (480 hours) of PPL in place of the entitlement to LWOP under FMLA following childbirth or the new placement of a child through adoption or foster care. Supervisors cannot deny a request for PPL as long as the employee provides sufficient supporting documentation listed in Attachment 1.

B. Eligible part-time employees are entitled to a prorated amount. For example, part-time employees with a biweekly work requirement of 40 hours would be entitled to 6 weeks of PPL.

C. Eligible employees may elect to use PPL at any time during the 12-month period that immediately follows childbirth or the placement event.

D. Eligible employees are permitted to use PPL intermittently.

E. Eligible employees may voluntarily elect to use annual and/or sick leave prior to invoking FMLA to use PPL. However, employees cannot be required to use annual or sick leave prior to using PPL.

F. The use of FMLA for other purposes may affect the use of PPL (See 5 CFR 630.1703(b)(2)).

G. Entitlements do not change when both parents are federal employees. In this case, both employees may be eligible for PPL for up to 12 weeks during the 12 months following childbirth or a placement event. If an employee is already in a 12-month FMLA period at the time of childbirth, adoption, and foster care, the PPL available for use is offset by the number of hours already used. Once that 12-month period ends, the employee can use any remaining hours of PPL as long as it is used within the first year from the qualifying event.

H. Employees who intend to invoke FMLA and use PPL must submit a leave request and provide sufficient documentation from the list found in Attachment 1.

IV. DOCUMENTATION

A. Employees are required to provide supporting documentation to their supervisor. If documentation is not immediately available, use of PPL is considered provisionally approved until supporting documentation is received. See Attachment 1 for examples of appropriate documentation.

B. An employee has 15 calendar days upon request by supervisors to provide the requested documentation and can be granted a one-time extension of another 15 calendar days if, despite diligent, good faith efforts, the employee is unable to obtain the documentation within the initial 15-day period.

1. An employee who fails to provide the required supporting documentation within the specified period has not established the entitlement to use PPL. In this situation, the employee may be allowed to use other forms of paid or unpaid leave, as appropriate.
2. In circumstances where it is determined that employees acted fraudulently, they may be charged as absent without leave (AWOL) and their supervisor may pursue other appropriate action through the Labor and Employee Relations Division.

V. WORK OBLIGATION

A. Before beginning a period of PPL, an employee who requests PPL is to sign a written agreement and submit it to their supervisors. This agreement outlines the requirement to return to work for at least 12 weeks upon the conclusion of PPL. See Attachment 2 for the agreement template.

B. An employee who does not complete the 12-week work obligation is required to reimburse FSIS for the government share of their Federal Employee Health Benefits (FEHB) premium for the period PPL was used. Reimbursement requirements may not be waived based on matters of employee preference or convenience. For example, a situation where an employee chooses not to return to work to stay home with a well, newborn child would be considered an employee preference or convenience. Waivers are only allowed if specific criteria are met and are approved by the program area Assistant Administrator. Reimbursement will not be required if the employee is unable to return to work with FSIS for the required 12 weeks because of:

1. The continuation, recurrence, or onset of a serious health condition (including mental health) of the employee or the child in connection with the birth or placement event that entitled the employee to PPL;
2. Any other circumstance beyond the employee’s control which, in the Agency’s judgement, precludes an employee from returning to work with the Agency.

VI. PAY DURING PERIODS OF PPL

A. Employees receive the same pay they would receive while on annual leave.

B. Employees whose regular tour of duty includes night pay will not receive night pay when 8 or more hours of leave is used in a biweekly pay period.

C. Employees will not receive Sunday premium pay while on leave.

VII. TRANSACTION CODES TO BE USED FOR PPL

Employees are to request and properly record PPL. See Attachment 3 for a sample WebTA PPL request. Employees requesting PPL are to use one of the following transaction codes:

1. 62 Biological Birth
2. 62 Adoption
3. 62 Foster Care

VIII. QUESTIONS

Refer questions regarding this notice to the Human Capital Planning and Accountability Branch at FSISHR1@usda.gov with the subject “Paid Parental Leave,” or call 1-877-FSIS-HR1 (1-877-374-7471), option 4.

See PDF for additional information

Attachment 1 - Types of Supporting Documentation for the Use of Paid Parental Leave
Attachment 2 - Template: Agreement to Complete 12-Week Work Obligation
Attachment 3 - Sample WebTA Leave Request for Paid Parental Leave