Paid Parental Leave

The Federal Employee Paid Leave Act (Public Law 116-92, December 20, 2019, as codified under the Family and Medical Leave Act provisions at 5 U.S.C. 6382) provides an employee with a qualifying birth or placement (for adoption or foster care) event an entitlement of up to 12 administrative workweeks of Paid Parental Leave (PPL), which may be substituted for unpaid leave taken under the title 5 Family and Medical Leave Act (FMLA) authority. The Act grants PPL in connection with a qualifying birth or placement that occurred on or after October 1, 2020.

PPL is a type of paid leave that is substituted for unpaid FMLA leave. Therefore, it is essential to read OPM’s Family and Medical Leave Act (FMLA) 12-Week Entitlement fact sheet (FMLA fact sheet) in conjunction with this PPL fact sheet in order to understand the PPL entitlement, since all the provisions governing use of FMLA leave after a qualifying birth or placement apply to the use of PPL.

This fact sheet addresses the PPL entitlement for Federal employees covered by the FMLA provisions in title 5, United States Code (see 5 U.S.C. 6381-6387). OPM’s FMLA regulations are codified at 5 CFR part 630, subpart L, and OPM’s PPL regulations are codified at 5 CFR part 630, subpart Q.

Key Features of PPL

Below are key features of the PPL authority. Further detailed information is contained in this fact sheet:

• An employee must meet all eligibility requirements for use of FMLA leave in order to use PPL because PPL is a type of paid leave substituted for unpaid FMLA leave. (See the Employee Eligibility and Agency Responsibilities section of OPM’s FMLA fact sheet for eligibility details. In particular, note that employees with a temporary appointment or an intermittent work schedule or who have fewer than 12 months of qualifying Federal service are not eligible for title 5 FMLA leave and thus are not eligible for PPL.)
• Eligible employees are entitled to up to 12 administrative workweeks of PPL per qualifying birth or placement as long as the employee maintains a parental role.
• PPL is a separate category of paid leave, distinct from an employee’s accrued sick leave or annual leave.
• PPL may only be used during the 12-month period following a qualifying birth or placement and only during periods when the employee is acting in a parental role with respect to the newly born or placed child.
• An employee may not receive a lump-sum payment for any unused or forfeited PPL under any circumstance, and the leave may not be saved for use for a future birth or placement.
• An employee may request to use FMLA leave with substitution of PPL intermittently or on a reduced leave schedule (that is, a schedule under which an employee works fewer hours due to increased use of leave). However, the employee may not use FMLA leave with substitution of PPL intermittently unless the agency agrees to such use—it is not an entitlement.
• Prior to using PPL, an employee must enter into a written agreement to complete a 12-week work obligation after use of PPL concludes.

Employee Eligibility and Agency Responsibilities (5 CFR 630.1201 and 5 CFR 630.1701)

To be eligible for PPL under OPM’s title 5 PPL regulations in 5 CFR part 630, subpart Q, an employee must be eligible for FMLA leave under the title 5 FMLA authority and the implementing regulations in 5 CFR part 630, subpart L or, for certain agencies, the employing agency’s own regulations, as described in 5 CFR 630.1201(b)(3). Please consult the Employee Eligibility and Agency Responsibilities portion of OPM’s FMLA fact sheet for full details concerning eligibility for FMLA leave.

In addition, the employee must have a qualifying birth or placement event—that is, the birth or placement (for adoption or foster care) of the employee’s child must occur on or after October 1, 2020. (This is a statutory requirement established by section 7602(c) of Public Law 116-92.)

An employee may elect to substitute available PPL for any unpaid FMLA leave granted in connection with the occurrence of a birth or placement of a child for adoption or foster care. (See Substitution of Paid Leave for Unpaid FMLA Leave section of the FMLA fact sheet.) An employee who is ineligible for FMLA leave at the time of a qualifying birth or placement may establish FMLA leave eligibility during the 12-month period following the qualifying birth or placement and substitute PPL for available FMLA leave during that period. For example, an employee may become eligible for FMLA leave by completing the required 12 months of service for FMLA eligibility purposes or by changing to a qualifying work schedule or appointment for FMLA purposes. Once FMLA leave eligibility is established and FMLA leave is invoked, an employee may substitute PPL for available FMLA leave in connection with a qualifying birth or placement.

Example 1. An individual has no prior Federal civilian service. The employee was hired into a Federal civilian position on January 30, 2023, and had a baby on May 15, 2023. The employee meets the 12-month service requirement for FMLA/PPL purposes on January 29, 2024. The employee may use FMLA leave and substitute PPL for it from January 30, 2024 (the date the employee’s FMLA leave eligibility begins), until May 14, 2024, the date that is the end of the 12-month period following the baby’s birth, since FMLA/PPL may only be used in the 12-month period following the birth of a son or daughter.

Example 2. An employee has worked for an agency for several years on an intermittent work schedule and is therefore not eligible for FMLA/PPL even though the employee has 12 months of qualifying Federal service. A son is placed with the employee for adoption on November 10, 2023. On March 25, 2024, the employee is placed on a part-time work schedule and immediately becomes eligible for FMLA/PPL. The employee may use FMLA leave and substitute PPL for it from March 25, 2024, (the date the employee’s FMLA leave eligibility begins), until November 9, 2024, (the date that is the end of the 12-month period following placement of the child with the employee for adoption) since FMLA/PPL may only be used in the 12-month period following the placement of a son or daughter with an employee for adoption.

The time periods during which PPL may be substituted for FMLA leave are discussed in more detail later in this fact sheet. See also these sections of the FMLA fact sheet: 12-Month FMLA Period and Timeframe for Use of FMLA and Paid Parental (PPL) Related to Birth or Placement of a Child.

Definitions (5 CFR 630.1202 and 5 CFR 630.1702)

The definitions of the terms applicable to the PPL entitlement are found in the PPL and FMLA regulations in 5 CFR 630, subpart Q and subpart L, respectively (see the hotlinks above). Some definitions in the FMLA regulations are applicable to the PPL entitlement. In addition to the two definitions below, please see OPM’s FMLA fact sheet for the summarized definitions of other terms applicable to use of PPL under FMLA (to include “birth”, “in loco parentis”, “intermittent leave or leave taken intermittently”, “parent”, “placement”, “reduced leave schedule”, and “son or daughter”). Please note that the PPL regulations generally use the term “child” in place of the synonymous term “son or daughter”. The two definitions below are from the PPL regulations and have been summarized. For the full definitions of these and other terms, see the link to the regulations above.

Birth or placement means the birth of a son or daughter (child) of a covered employee, or a new placement of a son or daughter (child) with a covered employee for adoption or foster care, that is the basis for unpaid FMLA leave granted under the title 5 FMLA authority for birth or placement purposes. For the purpose of interpreting this definition, the terms “birth” and “placement” have the meaning given those terms in the title 5 FMLA regulations, except that PPL may not be granted based on an anticipated birth or placement.

Please also see the definition of “placement” in our FMLA fact sheet. Note that only a new placement of a son or daughter with an employee entitles an employee to use FMLA/PPL under the definitions of “placement” and “birth or placement”. Thus, the terms “placement” and “birth or placement” exclude the adoption of a stepchild or a foster child who has already been a member of the employee’s household and has an existing parent-child relationship with an adopting parent. If an employee later adopts a child who was placed with the employee for foster care, the placement had already occurred; there is no new placement with the employee that would entitle the employee to use of FMLA/PPL when the employee adopts the child. If an employee is pursuing adoption of a child the employee is fostering, the employee may invoke and use FMLA/PPL in the 12-month period following the new placement of the child with the employee for foster care purposes, before the entitlement expires.

Paid parental leave means paid time off from an employee's scheduled tour of duty that is authorized under the title 5 FMLA and PPL authorities 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 unpaid FMLA leave under the FMLA regulations for birth or placement purposes. This leave is not available to an employee who does not have a current parental role.

PPL Entitlement (5 CFR 630.1703)

The entitlement to PPL is triggered by the occurrence of a birth or placement, which results in the employee having a parental role, therefore PPL may only be used after the birth or placement has occurred.

Eligible employees are entitled to up to 12 administrative workweeks of PPL per qualifying birth or placement as long as the employee maintains a parental role (see section on Parental Role below for further discussion). An employee must invoke FMLA and elect to substitute PPL for any unpaid FMLA leave granted based on the occurrence of a birth or placement (for adoption or foster care) event. (See Substitution of Paid Leave for Unpaid FMLA Leave section of the FMLA fact sheet for further information.)

12-Month FMLA Period

An employee may only use PPL by substituting it for unpaid FMLA leave. Under FMLA, there is a 12-month period in which an employee may use 12 weeks of FMLA leave. An employee’s 12-month FMLA period (that is, the timeframe during which the employee may use the 12 weeks of FMLA leave) begins on the date the employee first takes FMLA leave and continues for a 12-month period from the date of first usage. An employee is not entitled to 12 additional workweeks of FMLA leave until the previous 12-month period ends and an event or situation occurs that entitles the employee to another period of FMLA leave. (See the 12-Month FMLA Period section of the FMLA fact sheet for more details and an example.) Thus, the amount of PPL that may be used can be affected by any previous usage of FMLA leave.

For example, if an employee uses 6 consecutive weeks of unpaid FMLA leave based on the employee’s own serious health condition, the employee could only use 6 weeks of unpaid FMLA leave based on birth or placement (for which paid parental leave could be substituted) during the 12-month period that began when the employee commenced using unpaid FMLA leave based on the employee’s serious health condition.

Timeframe for Use of PPL (PPL 12-Month Period)

An employee who takes FMLA leave for the birth of a child or the placement of a child with the employee for adoption or foster care has up to a year following the birth or placement to use the FMLA leave. The statute provides that entitlement to FMLA leave for birth or placement purposes expires at the end of the 12-month period beginning on the date of the birth or placement. Therefore PPL, which must be substituted for unpaid FMLA leave for birth or placement purposes, may be used only during the 12-month period beginning on the date of birth or placement. (Note that FMLA leave for birth or placement purposes may be taken prior to the birth or placement event, but PPL may be used only after the birth or placement of child.) Since this restriction is set in statute, it cannot be extended for any reason. For example, no extension can be granted if an employee is placed in furlough status or if an employee’s civilian employment status is interrupted in order to perform military service. (See Timeframe for Use of FMLA and Paid Parental Leave (PPL) Related to Birth or Placement of a Child section of the FMLA fact sheet for further discussion and examples.)

• Employees may use PPL only for periods within their scheduled tour of duty established for leave-charging purposes. Most full-time employees have a 40-hour weekly or 80-hour biweekly tour of duty for leave-charging purposes.
• If an employee has any unused balance of PPL remaining at the end of the 12-month FMLA period following the birth or placement involved, the entitlement to the unused PPL expires at that time. Unused PPL may not be rolled over for use in a future period, nor may a payment be made to the employee for unused PPL that has expired. PPL may not be considered annual leave for purposes of making a lump-sum payment for annual leave or for any other purpose.

Holidays

PPL may be used only by substituting it for unpaid FMLA leave based on the birth or placement of a child. As described in the FMLA regulations at 5 CFR 630.1203(e)(1), FMLA leave “is not applied to days designated as holidays and other nonworkdays when the employee would be excused from duty.” Because FMLA leave may not be used on holidays, PPL may not be used to cover such time. Note that an employee is paid for a holiday if the employee is in pay status either before or after a holiday. If an employee uses PPL (or is in pay status for any reason) either before or after a holiday, the employee will receive pay for the holiday. For additional information on holidays, see OPM’s Federal Holidays – Work Schedules and Pay fact sheet.

Usage of Other Forms of Paid Leave in Connection with PPL

Agencies may not require employees to use any annual or sick leave to the employee’s credit before the employee uses PPL.

An employee does not have to invoke FMLA/PPL in order to be absent from work for childbirth and placement for adoption or foster care purposes. Employees may request to use annual or sick leave without invoking their entitlement to unpaid FMLA leave. By requesting to use annual or sick leave without invoking FMLA leave, an employee can preserve entitlement to use unpaid FMLA leave with substitution of PPL at another time.

For example, an employee who gives birth to a child has an entitlement to use sick leave for the post-birth recovery period. By using sick leave to cover the post-birth recovery period, the employee would preserve the ability to invoke FMLA leave and substitute the 12 weeks of PPL at a later time (up to 1 year following birth), thus extending the time the employee can spend with the newly born child.

When an employee requests sick or annual leave without invoking FMLA, the agency retains its normal authority to approve or disapprove the use and timing for use of the leave. See the Use of Paid Leave Outside of FMLA section of OPM’s FMLA fact sheet and OPM’s Leave fact sheets for further discussion and additional information.

PPL Entitlement for Employees Who Move Between Agencies During PPL Eligibility

The 12-week entitlement to PPL is applied to each employee without regard to movements between different agencies during the 12-month period following a birth or placement. As long as the employee is covered by the title 5 FMLA leave and paid parental leave provisions while serving in different agencies, the employee would be limited to a total of 12 weeks of paid parental leave per qualifying birth or placement during the 12-month period following the birth or placement.

An employee who transfers to another agency with a positive balance of PPL during the 12-month period following a qualifying birth or placement is entitled to continue to use any remaining PPL at the gaining agency. The employee must request the use of PPL under the gaining agency’s PPL leave requesting procedures.

For example, a covered employee employed by the Social Security Administration gives birth to a daughter on February 23, 2024, invokes FMLA, and substitutes 8 weeks of PPL for unpaid FMLA leave from February 23, 2024, to April 19, 2024. The employee then transfers to the Department of Veterans Affairs (VA) and immediately invokes FMLA at the VA. The employee may use 4 weeks of FMLA/PPL at the VA from April 22, 2024, to May 17, 2024. If an employee has received PPL benefits in connection with a given birth or placement under a different PPL authority applicable to Federal employees (for example, the PPL benefit for legislative branch employees in 2 U.S.C. 1312), and moves to a position covered by the title 5 PPL authority during the 12-month period following birth or placement, or returns from active duty after receipt of Military Parental Leave, there is no basis for limiting or offsetting title 5 PPL benefits based on receipt of parental leave benefits under another authority.

An employee who separates from Federal service with a positive balance of PPL and later returns to an agency subject to OPM’s title 5 leave authorities during the 12-month period following a qualifying birth or placement is entitled to use any remaining PPL.

Married Employees Employed by Same Agency

Each parent-employee has a separate entitlement to 12 weeks of FMLA leave in a 12-month period based on the birth or placement of a child for which PPL may be substituted—whether they work for the same office or agency or in separate agencies. Covered Federal employees who are spouses and have a child born or placed with them are not limited to a combined total of 12 weeks of PPL in connection with that child. (Such a limitation does apply to use of FMLA leave under DOL FMLA regulations. Agencies whose employees are subject to OPM’s FMLA regulations must follow OPM’s, not DOL’s, FMLA regulations.)

Implications of Previous FMLA Use on Timeframe for Use of PPL

Below are two examples that show how a previous use of FMLA leave may affect the timing of an employee’s use of PPL:

Example 1.

First FMLA event: Use of FMLA leave for serious health condition of a parent

• June 1, 2021, the employee invokes and begins use of FMLA leave for the serious health condition of the employee’s parent.
• 12-month FMLA period: June 1, 2021, to May 31, 2022.
• The employee uses 5 of the 12 weeks of unpaid FMLA leave to which the employee is entitled in June and July 2021. The employee may substitute annual leave and/or sick leave for the unpaid FMLA leave taken for this FMLA event. (See the Substitution of Paid Leave for Unpaid FMLA Leave section of the FMLA fact sheet for more information on the types of annual and sick leave that may be substituted for unpaid FMLA leave.)

Second FMLA event: Use of FMLA leave and PPL for birth of a child

• October 15, 2021, the birth of the employee’s child.
• The employee’s entitlement to FMLA leave for the birth of the child expires on October 14, 2022 (the date that is the end of the 12-month period following the birth), and any FMLA leave for birth must be taken by this date. (For further discussion, see Timeframe for Use of FMLA and Paid Parental Leave (PPL) Related to Birth or Placement of a Child (Birth or Placement Period) section of the FMLA fact sheet.)
• Unpaid FMLA leave available for use: At the time of the child’s birth, the employee has 7 weeks of unpaid FMLA leave available for use until the end of the employee’s current 12-month FMLA period on May 31, 2022, as the employee previously used 5 weeks of unpaid FMLA leave during the 12-month FMLA period that runs from June 1, 2021, to May 31, 2022.
• Substitution of PPL: The employee may only substitute 7 weeks of PPL for unpaid FMLA leave due to the birth of the child during the 12-month FMLA period from June 1, 2021, to May 31, 2022. No further unpaid FMLA leave is available until June 1, 2022. The employee substitutes 7 weeks of PPL for FMLA leave from October 15, 2021, to December 7, 2021 (no FMLA/PPL is used on the Columbus Day, Veterans Day, or Thanksgiving Day holidays).
• After the conclusion of the 12-month FMLA period on May 31, 2022, that began with the employee’s use of FMLA leave for the parent’s serious health condition, the employee may again invoke FMLA. Since the employee is still within the 12-month period following the birth of a child on October 15, 2021, the employee is eligible to use FMLA leave based on the birth of a child and may invoke FMLA leave again. Since FMLA/PPL must be used within 1 year of a child’s birth, the employee’s use of FMLA leave for birth must conclude by October 14, 2022. Therefore, the employee has from June 1, 2022, to October 14, 2022, to invoke FMLA and begin a new 12-month FMLA period and then use any remaining PPL by substituting it for FMLA leave for birth purposes. Since the employee had used 7 weeks of PPL during the first 12-month FMLA period that ended on May 31, 2022, the employee has 5 weeks of PPL remaining, which can be used during the second 12-month FMLA period, but no later than October 14, 2022.
• The employee invokes FMLA, commences a second 12-month FMLA period, and substitutes 5 weeks of PPL for unpaid FMLA leave on an intermittent basis (as approved by the employing agency) during the period of June 1, 2022, to October 14, 2022.
• Summary of PPL usage:
  • 7 weeks of PPL used from October 15, 2021 (date of birth of the child) through December 7, 2021. The employee is unable to use more PPL until after the first 12-month FMLA period ends on May 31, 2022.
  • 5 weeks of PPL used within the timeframe from June 1, 2022 (the first date the employee could begin a new 12-month FMLA period), through October 14, 2022 (12 months after the birth of the child).

  Example 2.

  First FMLA event: Use of FMLA leave for serious health condition of a parent

  • June 1, 2021, the employee invokes and begins use of FMLA leave for the serious health condition of the employee’s parent.
  • 12-month FMLA period: June 1, 2021, to May 31, 2022.
  • The employee uses 12 weeks of unpaid FMLA leave from June 1, 2021, to August 25, 2021 (no FMLA leave is used on the Juneteenth or Independence Day holidays). The employee may substitute annual leave and/or sick leave for the unpaid FMLA leave taken for this FMLA event. (See the Substitution of Paid Leave for Unpaid FMLA Leave section of the FMLA fact sheet for more information on the types of annual and sick leave that may be substituted for unpaid FMLA leave.)

  Second FMLA event: Use of FMLA leave and PPL for birth of a child

  • October 15, 2021, the birth of the employee’s child.
  • The employee’s entitlement to FMLA leave for the birth of the child expires on October 14, 2022 (the end date of the 12-month period following the birth) and any FMLA leave for birth must be taken by this date. (For further discussion, see “Timeframe for Use of FMLA and Paid Parental Leave (PPL) Related to Birth or Placement of a Child section of the FMLA fact sheet.)
  • Although the birth of the child is a FMLA-qualifying event, there is no FMLA leave available for the employee to use since the employee exhausted the entitlement to 12 weeks of FMLA leave in a 12-month period by using FMLA leave for the parent’s serious health condition from June 1, 2021, to August 25, 2021. The employee must wait until June 1, 2022 (the first day after the expiration of the previous 12-month FMLA period), to again be able to use FMLA leave.
  • On June 1, 2022, the employee invokes the use of FMLA based on the birth of a child (which occurred on October 15, 2021). Since FMLA/PPL must be used within 1 year of a child’s birth, the employee’s use of FMLA leave for birth must conclude by October 14, 2022. Therefore, the employee has from June 1, 2022, to October 14, 2022, to invoke FMLA again and begin a new 12-month FMLA period and substitute 12 weeks of PPL for any unpaid FMLA leave taken for birth purposes. Since the employee had used 0 weeks of PPL during the first 12-month FMLA period that ended on May 31, 2022, the employee has 12 weeks of PPL still available, which can be used during the second 12-month FMLA period, but no later than October 14, 2022.
  • The employee invokes FMLA, commences a new 12-month FMLA period, and uses 12 weeks of unpaid FMLA leave for birth purposes during the period of June 1, 2022, to August 26, 2022, and substitutes PPL for that FMLA leave (no FMLA/PPL is used on the Juneteenth or Independence Day holidays).

  In both examples, the employee is able to use the full 12 weeks of PPL for the birth of the employee’s child. However, the timing of when the employee could use PPL was affected by the previous usage of FMLA leave for another FMLA-qualifying purpose.

  Seasonal Work Schedules

  Employees with a seasonal work schedule may not use PPL during the off-season period designated by their agency, during which the employee is released from work and placed in a non-duty/non-pay status. The purpose of leave is to excuse an employee from the employee’s tour of duty. When an employee is in the off season, there is no tour of duty from which the employee needs to be excused.

  Parental Role

  The definition of “paid parental leave” makes clear that PPL is a type of leave that is used after an employee assumes a “parental” role for a child following the birth of the employee’s child or placement of a child with the employee for adoption or foster care. The purpose of PPL is for the employee to assume a parental role with respect to a child and to care for and bond with the child. Therefore, PPL is available only if the employee has a continuing parental role with respect to the child whose birth or placement triggered the leave entitlement—in other words, the employee must be engaged in activities directly related to the care of the child. PPL can be used during short periods away from the child’s physical presence to support the care of the child, such as:

  • Staying with a child in the hospital immediately after the birth of a child when the employee may not be involved in direct care of the child;
  • Visiting the child in the hospital immediately after the birth of a child;
  • Making necessary preparation to bring the child home after being discharged from the hospital; and
  • Engaged in periods away from the child to buy baby food, diapers, or other supplies.

  Unpaid FMLA leave for birth purposes, for which PPL can be substituted, is generally used to cover periods when the employee is in the hospital or the home with the child or is otherwise involved in spending time with the child (bonding).

  However, it would not be appropriate to take unpaid FMLA leave and substitute PPL if an employee is not engaged in activities directly connected to care of the child or if the employee is outside the local geographic area where the child is located. For example, while an employee may not reside in the same home as the employee’s newly born or placed child, the employee could receive unpaid FMLA leave and associated PPL during the care activities described in this paragraph or when otherwise spending time bonding with the child. By contrast, when an employee is away from the child and is not engaging in care activities or bonding with the child—such as an employee on active duty military—an employee is not eligible for FMLA/PPL. In addition, PPL is not included in the types of paid time off an employee may use under 5 CFR 353.208 during a period of uniformed service.

  A parent-employee who does not maintain a continuing parental role with respect to a newly born or placed child would not be eligible for PPL once the parental role has ended. An employee may only use PPL until the parental role ends. For example, an employee’s parental role would end in the following circumstances:

  • the employee surrenders custody of a child under a surrogacy agreement;
  • the employee gives the child up for adoption;
  • the employee’s parental rights to the child are terminated (for example, based on a court order due to unfitness); or

  An employee whose child dies during the 12-month period following birth or placement does not have a continuing parental role can use other types of paid leave (for example, bereavement leave, sick leave, annual leave, donated annual leave under a leave sharing program, etc.) or leave without pay, including FMLA leave without pay, after the child’s death. These leave options are discussed in the Handbook on Leave and Workplace Flexibilities for Childbirth, Adoption, and Foster Care. See also our Leave Fact Sheets.

  Conversion of PPL to hours or days

  Qualified employees are entitled to 12 workweeks of PPL, which may be substituted for available unpaid FMLA leave. This time must be converted to hours or days, as appropriate, with any necessary adjustments being made based on an employee’s tour of duty, as described below.

  Regular full-time employees with 80 hours in their scheduled biweekly tour of duty will receive 480 hours of PPL (12 weeks times 40 hours/week or 6 biweekly pay periods times 80 hours equals 480 hours).

  The conversion formula for part-time employees is derived by multiplying 6 times the number of hours in the employee’s biweekly scheduled tour of duty. For example, an employee who works 40 hours in a biweekly pay period would receive 240 hours of PPL (6 biweekly pay periods times 40 hours/pay period equals 240 hours).

  The conversion formula for employees with an uncommon tour of duty (as defined in 5 CFR 630.201 and described in 5 CFR 630.210) 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). For example, if an employee has an uncommon tour consisting of six 24-hours shifts (144 hours) per biweekly pay period, the employee would receive 864 hours of PPL (6 times 144 hours/pay period equals 864 hours).

  The conversion formula for employees who are charged leave on a daily basis is derived based on the average number of workdays in the employee’s established tour of duty over a biweekly pay period. For example, if an employee’s tour of duty consists of 8 workdays per biweekly pay period, the employee would receive 48 days of PPL (6 biweekly pay periods times 8 workdays equals 48 days).

  Conversion Due to Change in Tour of Duty

  If there is a change in an employee’s scheduled tour of duty during any 12-month period that began on the date of a given birth or placement, and the employee has not used the full 12 weeks of PPL during that 12-month period, the remaining balance of PPL must be recalculated based on the change in the number of average hours in the employee’s scheduled tour of duty.

  For example, if a regular full-time employee has a balance of 120 hours of unused PPL for a 12-month period that is in progress and then converts to a part-time schedule of 40 hours per biweekly pay period, the balance would be recalculated to be 60 hours. (Since the old schedule was 80 hours biweekly, the new part-time tour is half of the former full-time tour. 40/80 times 120 equals 60 hours.)

  Cases of Guardianship and Custody

  Employees who receive guardianship or custody of a child often wish to know whether custody or guardianship of a child is qualifying for FMLA leave with substitution of PPL. Under the FMLA statute at 5 U.S.C. 6382(a)(1)(A) and (B), an employee is entitled to 12 administrative workweeks of unpaid FMLA leave for birth or placement purposes “[b]ecause of the birth of a son or daughter of the employee and in order to care for such son or daughter” or “[b]ecause of the placement of a son or daughter with the employee for adoption or foster care.” After a qualifying birth or placement, an employee may then substitute PPL for unpaid FMLA leave per the statute at 5 U.S.C. 6382(d)(2). Since guardianship or custody are not included as bases for entitlement to FMLA leave in 5 U.S.C. 6382, custody or guardianship of a child would generally not entitle an employee to FMLA leave with substitution of PPL.

  However, there are a few limited circumstances under which an employee would be entitled to FMLA leave and to substitution of PPL when a child is placed with the employee for custody or guardianship (see below).

  Custody or Guardianship of a Child under the Age of 12 Months

  If an employee receives custody or guardianship of a newborn (that is, within the 1-year period following the baby’s birth), the employee would be standing “in loco parentis” to the infant, who would be considered the “son or daughter” of the employee (see the FMLA fact sheet for these two definitions). Because the infant is the “son or daughter” of the employee for purposes of FMLA, the employee would be entitled to unpaid FMLA leave with substitution of PPL for the unpaid leave because of the birth of the son or daughter and the care of the son or daughter until the end of the 12-month period following the infant’s birth.

  For example, an employee is called by police to take the employee’s infant grandchild because the baby’s parent has been arrested. As long as the employee is standing in loco parentis to the infant, the employee would be entitled to take unpaid FMLA leave with substitution of PPL until the date that is 12 months from the infant’s date of birth.

  Custody or Guardianship of a Child over the Age of 12 Months

  If an employee receives custody or guardianship of a child over the age of 12 months, different rules would apply. There are situations where an employee may not have been planning on becoming an adoptive or foster parent, but the employee suddenly takes on care of a child, perhaps because of an emergency. The employee may take custody or assume guardianship of the child.

  In situations where there is a new placement of a child over the age of 12 months with an employee and the employee is working towards becoming the child’s foster or adoptive parent but has not yet become the official foster or adoptive parent, the child would be viewed as being placed with the employee for foster care or adoption purposes. In this situation, the employee would be eligible for unpaid FMLA leave during the 12-month period following the placement and the employee could substitute PPL for that leave. However, if the child has already been living with the employee and the employee is granted custody or guardianship of the child, the arrangement does not constitute a new placement of the child, and the arrangement would not qualify for FMLA leave with substitution of PPL. In another example, if a child is placed with the employee for custody or guardianship purposes and the employee is not working towards becoming the child’s official foster or adoptive parent, the arrangement would not qualify for FMLA leave with substitution of PPL because the placement is not for foster care or adoption purposes.

  For example, the niece and nephew of an employee are suddenly placed with the employee for custody after both parents of the children and an additional sibling are killed in a car accident. The employee begins the process of pursuing adoption of the niece and nephew. Since the employee is working towards adopting the niece and nephew, the employee would be entitled to unpaid FMLA leave with substitution of PPL because this new placement can be considered a placement with the employee for adoption purposes.

  Since entitlement to FMLA leave and PPL in such situations is very fact specific, agencies should examine each situation on a case-by-case basis. We strongly encourage agencies to obtain all the relevant facts pertaining to employees’ requests for FMLA leave and PPL under such circumstances since employees may not know what information they need to provide in order for the agency to make a determination as to whether FMLA leave and PPL are available. For example, an employee may request FMLA/PPL based on receiving custody or guardianship of a child but may not realize the importance of also sharing that they are pursuing foster care or adoption of the child and the impact of these facts on their FMLA/PPL entitlement. The agency may request any necessary documentation to support the employee’s request for FMLA leave with substitution of PPL under such circumstances.

  Agency-Specific Policies and Procedures for Requesting PPL

  Within the framework of law and regulations, each agency sets its own policies and procedures related to the use of PPL at that agency—via management directive and/or collective bargaining agreement, as applicable. Therefore, employees should consult with their servicing human resources (HR) office for information on the agency’s policies and the process for requesting PPL, including any forms that must be completed and any supporting documentation the agency requires. The employee’s servicing HR office will need to verify the employee’s FMLA eligibility and available unpaid FMLA leave for which PPL may be substituted.

  Documentation of Entitlement and Employee Certification (5 CFR 630.1703)

  Supporting Documentation

  Agencies may require their employees to provide appropriate documentation showing that the employee’s use of PPL is directly connected to a birth or placement that has occurred. Appropriate documentation may include, but is not limited to, a birth certificate or a document from an adoption or foster care agency regarding the placement. An agency is responsible for determining what documentation is sufficient proof of entitlement.

  Employee Certification

  Agencies may also require that an employee sign a certification attesting that the PPL is being taken in connection with a birth or placement. This certification may include a statement in which the employee acknowledges an understanding of the consequences of providing a false certification (for example, 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).

  Supporting Documentation and Certification Deadlines

  An employee must provide any such requested documentation or certification no later than 15 calendar days after the agency’s request. If this is not practicable under the particular circumstances, despite the employee’s diligent, good faith efforts, the employee must provide it within a reasonable period of time (but no later than 30 calendar days after the date of the agency’s original request).

  Provisional Use of PPL

  An agency may provisionally grant PPL prior to receiving any requested documentation or certification based on an employee’s communications with a supervisor or management. If the employee fails to provide the agency with the required documentation or certification within the specified time period, the agency may determine that the employee is not entitled to paid parental leave and may—

  • allow the employee to request that the absence covered by the PPL be charged to leave without pay, sick leave, annual leave, or other forms of paid time off, as appropriate; or
  • charge the employee as absent without leave (AWOL) and pursue any other appropriate action, if the employee acted fraudulently.

  Pay While Using PPL (5 CFR 630.1704)

  The pay an employee receives when using PPL is the same pay the employee would receive if the employee were using annual leave.

  PPL is a type of paid leave that is counted when determining whether an employee is entitled to night pay under title 5 (see 5 U.S.C. 5545(a) and 5 CFR 550.122), which provides that an employee is entitled to night pay for a period of paid leave only when the employee’s total amount of paid leave in a biweekly pay period is less than 8 hours.

  Employees may not receive Sunday premium pay for periods covered by the use of PPL.

  Work Obligation (5 CFR 630.1705)

  Advanced Written Service Agreement

  Prior to using PPL, an employee is required to enter into a written service agreement to work for the applicable employing agency for not less than 12 weeks after the day on which PPL concludes. The applicable employing agency is the agency employing the employee at the time PPL concludes.

  For example, an employee of the African Development Foundation (ADF) enters into a written service agreement with the ADF and uses 5 weeks of PPL. The employee transfers to the Department of Commerce (Commerce) and uses 7 weeks of PPL. Commerce is the applicable employing agency (that is, the agency employing the employee at the time PPL concludes), so the employee must work for Commerce for not less than 12 weeks beginning on the date PPL concludes.

  The 12-week work obligation is statutorily fixed and applies regardless of the actual amount of leave used (that is, an employee who uses less than 12 weeks of paid parental leave would still be obligated to work 12 weeks).

  PPL cannot be used retroactively except in very limited circumstances. Therefore, it is important that an employee sign (handwritten signature or acceptable electronic signature) the written agreement as far in advance as possible so that the employee has immediate access to PPL once the birth or placement occurs. If a written agreement has not been executed at the time of a child birth or placement (for example, due to an early birth or unexpected availability of a child for adoption or foster care), the work obligation agreement may be signed via email or text message as long as the employee confirms the agreement via a written or digital signature (consistent with the requirements in 5 CFR 850.106) within 24 hours. Under these circumstances, an email or text message will be deemed to qualify as a written work obligation agreement that allows an employee to begin using PPL.

  The Date PPL Concludes

  The employee must work for the applicable employing agency for not less than 12 weeks after the date on which PPL concludes. The date PPL concludes is—

  • the workday on which an employee finishes using the 12 workweeks of PPL; or
  • if the employee uses less than 12 workweeks of PPL during the 12-month period following the birth or placement, the last workday on which the employee used PPL in connection with the given child. (In practical terms, the agency may not know when the last day is that the employee will use PPL until the end of the 12-month period following birth or placement. Even if the employee expresses an intention to use less than 12 weeks of PPL, the employee would have an entitlement to use the full 12 weeks until the expiration of this 12-month period.)

  Intermittent Use

  Any periods of work between intermittent uses of PPL do not count towards the completion of the 12-week work obligation. The work obligation is met by performing work after use of PPL concludes.

  For example, if an employee had been approved to use PPL on an intermittent basis and used 9 weeks of PPL, then worked for 8 weeks, then used the remaining 3 weeks of PPL, the 8 weeks the employee worked between intermittent use of PPL would not count towards the 12-week work obligation. The 12-week work obligation would begin after the employee exhausts the full 12 weeks of PPL (that is, after using the 3 remaining weeks of PPL).

  Determining Work Obligation Time

  The work obligation refers to a period during which the employee is in a duty status (that is, actually working). Any periods of paid or unpaid leave or time off, or other periods of nonduty status, will not count toward the 12-week work obligation. Periods of paid time off include paid holidays on which an employee does not work. Periods of other nonduty status include periods during which the employee is in furlough status or absent without leave (AWOL) status. Any periods of leave, time off, or other periods of nonduty status will extend how long it will take the employee to fulfill the 12-week work obligation.

  The 12-week work obligation is statutorily fixed and applies regardless of the actual amount of PPL used (that is, an employee who uses less than 12 weeks of PPL would still be obligated to work 12 weeks). If PPL is used for multiple, overlapping birth or placement events, each event will create a separate work obligation which must be determined in accordance with the rules described above.

  To determine the hours or days equivalent of the 12-week work obligation, conversion must be done in accordance with the rules described in the PPL Entitlement section above. (See 5 CFR 630.1705(c)-(d), which refers to the conversion rules in 5 CFR 630.1703(c)-(e)).

  An employee is able to request use of leave or other time off (paid or unpaid) following use of PPL, but any use of such leave or time off will delay the completion of the 12-week work obligation. For example, an employee requests to use a week of annual leave immediately following the employee’s usage of the 12-week PPL entitlement. The week of annual leave does not count towards the fulfillment of the 12-week work obligation.

  For example, an employee on a standard 8-hour work schedule concludes the use of PPL on Friday, April 19, 2024. The employee’s required 12-week work obligation is converted to 480 work hours. On Monday, April 22, 2024, the employee begins working to satisfy the required 12-week work obligation (that is, 480 hours). The 12-week work obligation could be completed as early as July 17, 2024. Friday, July 12, 2024, is 12 weeks from the commencement of the work obligation on Monday, April 22, 2024. However, during the projected period there are 3 holidays – Memorial Day on May 27 th , Juneteenth on June 19 th , and Independence Day on July 4 th . These 3 additional non-workdays extend the work obligation to July 17, 2024. If the employee uses a week of annual leave (that is, 40 hours; 8 hours x 5 days) from May 6 to 10, 2024, this week of annual leave would extend the conclusion of the employee’s 12-week work obligation by an additional week to July 24, 2024.

  Reimbursement Requirement for Failure to Meet the Work Obligation

  The written work obligation agreement must include a statement that the employee agrees to make a reimbursement equal to the total amount of any Government contributions paid by the agency on behalf of the employee to maintain the employee’s health insurance coverage under the Federal Employees Health Benefits Program (FEHB) established under 5 U.S.C. chapter 89 during the period(s) when PPL was used if the employee does not complete the entire work obligation, unless an affected agency determines that the reimbursement requirement cannot or will not be applied. The service agreement will note the possible need to provide a reimbursement to the applicable employing agency if an employee fails to meet the required work obligation.

  Failure to complete the 12-week work obligation may result in an employee being required to make a reimbursement to the agency (or agencies) that employed the employee during use of PPL. With certain exceptions, the statute requires an employee who does not fulfill the 12-week work obligation to reimburse any agency contributions to maintain an employee’s FEHB coverage during the period that PPL was used. If an employee is not enrolled in FEHB coverage the reimbursement requirement does not apply if the employee does not fulfill the 12-week work obligation.

  There are certain circumstances in which an agency may not impose the FEHB reimbursement requirement. An agency may not apply the reimbursement requirement when the agency determines that the employee is unable to return to work due to:

  • the continuation, recurrence, or onset of a serious health condition (including mental health) of the employee or the child whose birth or placement was the basis for the PPL, but, in the case of the employee’s serious health condition, only if the condition is related to the applicable birth or placement; or
  • any other circumstance beyond the employee’s control.

  When an employee is unable to return to work as described in the first situation above, an agency may require an employee to provide medical certification. When an employee is unable to return to work as described in the second situation above, an agency may also require an employee to provide medical certification if the circumstance beyond the employee’s control relates to the medical condition of another individual that prevents the employee from returning to work.

  The second situation is restricted to circumstances that truly preclude an employee from returning to work with the employing agency. Matters of employee preference or convenience will not suffice. Examples of situations that are beyond the employee’s control include such situations as where a parent stays home and does not return to work because a child has a serious health condition or an employee moves because the employee’s spouse is unexpectedly transferred to a job location more than 75 miles from the employee’s worksite and the employee is not approved to work remotely from that site. A situation where an employee chooses not to return to work to stay home with a well, newborn or newly placed child would not constitute a circumstance beyond the employee’s control for purposes of this exception.

  Outside of these two situations, an agency has the discretion to apply or not apply the reimbursement requirement as it determines to be appropriate. Each agency is responsible for adopting its own set of policies governing when it will or will not apply the reimbursement requirement. Agencies should have a single agency-wide set of policies in place so that employees within an agency are treated consistently.

  Administering the Work Obligation Requirement When An Employee Transfers to a Different Agency

  If an employee uses PPL at one agency and then transfers to another agency during the PPL eligibility period with an available balance of PPL hours and uses PPL at that second agency, the second agency is the applicable employing agency at the time use of PPL concludes—that is, the agency to which the work obligation is owed. The agency employing an employee using PPL at the time use of PPL concludes is required to notify the employee’s previous agency (or agencies) if the employee fails to fulfill the 12-week work obligation. In such a case, each agency that incurred costs for the employee’s health insurance during use of PPL (that is, if an employee transferred and used PPL at more than one agency) will make its own determination as to whether to apply the reimbursement requirement.

  Once an employee concludes use of PPL (in connection with the birth or placement of a given child), the work obligation attaches to the agency that employed the employee at the time use of PPL concluded. In other words, the employee’s work obligation must be completed with that agency. Thus, if an employee transfers to a different agency before completing the work obligation, the reimbursement requirement will be triggered. (See section “Reimbursement Requirement for Failure to Meet the Work Obligation.”)

  Employee Incapacitation Affecting the Written Service Agreement (5 CFR 630.1706)

  If an agency determines that an otherwise eligible employee who could have made an election during a past period to substitute PPL for unpaid FMLA leave and enter a work obligation agreement was physically or mentally incapable of doing so during that past period, the employee may, within 5 workdays of the employee’s return to duty status, make an election to substitute PPL for applicable unpaid FMLA leave on a retroactive basis.

  If unpaid FMLA leave was not already approved, the employee would be required to retroactively invoke FMLA as well in order to substitute the PPL for unpaid FMLA leave. When electing to retroactively utilize PPL, employees must also enter into the 12-week work obligation described above.

  An incapacitated employee’s personal representative (if deemed acceptable by the agency) may request, on a prospective basis, the substitution of PPL for unpaid FMLA leave. The agency’s approval of such a request will be conditional. If the employee regains capacity and returns to work, the employee will be given the opportunity to enter into the 12-week work obligation agreement, as described above, within 5 workdays of returning to work. If the employee declines to enter into the agreement, PPL must be converted into leave without pay unless the employee requests that other paid leave or paid time off to the employee’s credit be applied (as appropriate) in place of the invalidated PPL. To the extent the employee has invalidated PPL hours not replaced by other paid leave or paid time off, pay received for those hours will constitute a debt owed to the employing agency.

  Multiple Children Born or Placed in the Same Time Period (5 CFR 630.1707)

  If an employee has multiple children born or placed on the same day, the multiple-child birth/placement event is considered to be a single event that triggers a single PPL entitlement.

  If an employee has one or more children born or placed during the 12-month period following the date of an earlier birth or placement of a child of the employee, each event will generate a 12-week leave entitlement to be used during the 12-month period following the birth or placement. However, any use of PPL during an overlap period (that is, a period contained within more than one 12-month period following a birth or placement) will count toward the 12-week limit for each birth or placement involved.

  As a result, a use of PPL may count toward multiple 12-week limits to the extent that there are multiple ongoing 12-month periods on the date of an applicable birth or placement that cover the day when the leave is used.

  Example 1. An employee has a qualifying birth on June 1, 2021. The employee hasn’t recently used FMLA leave for any purpose, therefore does not have a 12-month FMLA period already in progress at the time of the birth. The employee invokes and uses FMLA leave with substitution of PPL starting June 1, 2021; thus, the employee’s 12-month FMLA period runs from June 1, 2021, to May 31, 2022. The employee uses all 12 weeks of FMLA leave with substitution of PPL from June 1, 2021, to August 25, 2021 (Note: No FMLA leave or PPL is used on the Juneteenth or Independence Day holidays.).

  A foster child is subsequently placed with the employee on January 1, 2022. Since an employee is limited to 12 weeks of FMLA leave in a 12-month period for all FMLA purposes, the employee is required to wait until the end of the 12-month FMLA period associated with the birth (ends on May 31, 2022) to take FMLA leave in connection with the foster care placement. Upon the expiration of the previous 12-month FMLA period (May 31, 2022), the employee would then have access to 12 weeks of FMLA leave beginning on June 1, 2022, for which PPL could be substituted.

  Since FMLA leave for placement must be concluded within the 12-month period following placement, the employee’s entitlement to use FMLA leave for the second FMLA qualifying event (foster care placement) would end on December 31, 2022. Because the foster care placement event occurred during a 12-month FMLA period already in progress, and because the employee had already used the entire 12-week FMLA leave entitlement associated with that period, that first 12-month FMLA period must conclude before the employee can establish a new entitlement to 12 weeks of FMLA leave and substitute PPL for the unpaid FMLA leave. Therefore, under this example, the employee has access to a total of 24 weeks of FMLA/PPL for these two events.

  Example 2. Same circumstances as Example 1. An employee has a qualifying birth on June 1, 2021. The employee hasn’t recently used FMLA leave for any purpose, therefore does not have a 12-month FMLA period already in progress at the time of the birth. The employee invokes and uses FMLA leave with substitution of PPL starting June 1, 2021, thus the employee’s 12-month FMLA period runs from June 1, 2021, to May 31, 2022. However, in this example, the employee uses FMLA leave with PPL intermittently, using only 8 weeks of FMLA leave and PPL during the 12-month FMLA period from the date of the first child’s birth to the day before the foster child placement (June 1, 2021, through December 31, 2021). The employee then uses 4 weeks of FMLA leave with substitution of PPL during the period from the date of the foster care placement to the end of the 12-month period following the birth of the first child (January 1, 2022, through May 31, 2022). That period is the overlap period for the 12-month period following the first child’s birth and the 12-month period following the second child’s foster care placement. The 4 weeks of PPL leave used during that overlap period count toward the 12-week limit on PPL for each birth/placement event. Thus, as of May 31, 2022, the employee has used a total of 12 weeks of PPL in connection with the birth of the first child and 4 weeks of PPL in connection with the placement of the second child. During the period from June 1, 2022, through December 31, 2022 (the end of the 12-month period following the foster care placement), the employee may use 8 weeks of unpaid FMLA leave for which PPL can be substituted. Because the employee had an overlap period (January 1, 2022, to May 31, 2022) when simultaneously caring for two children during the first year after their birth or placement, the 4 weeks of PPL used during that overlap period are counted against the PPL entitlement associated with each child. Therefore, under this example, the employee has access to a total of 20 weeks of FMLA/PPL.

  Grievance Procedures

  Congress has not provided OPM with specific oversight or investigative authority with respect to agencies’ FMLA leave and PPL programs. If an employee believes an agency has not fully complied with the rights and requirements provided by the Family and Medical Leave Act and OPM’s FMLA and PPL regulations, the employee may file a grievance under the agency’s administrative or negotiated grievance procedures.

  For information about initiating a grievance, employees should contact their servicing HR office or, if applicable, a representative of the labor organization that represents the employee. Except when a claim is covered by an agency negotiated grievance procedure, an employee whose agency denies the employee’s claim may appeal the claim to OPM’s Merit System Audit and Compliance (MSAC) office under the procedures contained in 5 CFR part 178, subpart A. Please see OPM’s Compensation and Leave Claims fact sheet for instructions relating to filing a claim with OPM’s MSAC office.

  Other Available Leave Options and Work Schedule Flexibilities

  The Federal Government offers a wide range of leave options and workplace flexibilities to assist an employee who needs to be away from the workplace. These flexibilities include annual leave, sick leave, advanced annual leave or advanced sick leave, donated annual leave under the voluntary leave transfer program, leave without pay, alternative work schedules, credit hours under flexible work schedules, compensatory time off and telework. Agencies may also have a voluntary leave bank program.

  Questions

  Agencies are responsible for the administration of leave for their employees and establishing their own HR policies based on the leave statutes in chapter 63 of title 5, United States Code, and the leave regulations in part 630 of title 5, Code of Federal Regulations. Therefore, if you are an employee, timekeeper, supervisor or other agency official, or union representative, you should contact your servicing HR office for assistance with any questions you may have. If you are a component HR office, you should contact your agency headquarters office for assistance. If your HR chain of command needs assistance answering your question, inquiries should be directed to OPM through the headquarters HR policy office.

  Links

  References

  • The Family and Medical Leave Act of 1993 (Public Law 103-3, February 5, 1993)
  • Federal Employee Paid Leave Act (Sections 7601-7606, Public Law 116-92, December 20, 2019)
  • Paid Parental Leave Technical Corrections Act of 2020 (Section 1103, Public Law 116-283, January 1, 2021)
  • Section 1114 of Public Law 118-31, December 22, 2023
  • 5 U.S.C. 6381-6387 (FMLA and PPL)
  • 5 CFR part 630, subpart L, Family and Medical Leave
  • 5 CFR part 630, subpart Q, Paid Parental Leave
  • Family and Medical Leave and Paid Parental Leave Interim Regulations (85 FR 48075)
  • CPM 2020-10, Paid Parental Leave for Federal Employees Interim Regulations
  • CPM 2021-07, Technical Amendments Related to Family and Medical Leave and Paid Parental Leave under Section 1103 of the National Defense Authorization Act for Fiscal Year 2021
  • CPM 2024-05, Amendment Related to Inclusion of Certain Military Active Service for Family and Medical Leave and Paid Parental Leave Eligibility Purposes under Section 1114 of the National Defense Authorization Act for Fiscal Year 2024