The Federal Government offers numerous leave and work scheduling
flexibilities to assist employees in meeting their work and family
obligations. The administration of these flexibilities typically is
addressed in agency internal policies and/or collective bargaining
agreements.
SICK LEAVE
A birth mother is entitled to use accrued sick leave for medical
appointments, hospitalization, and her period of incapacitation
following childbirth. A birth father may use a total of up to 12 weeks
of accrued sick leave each year to accompany the mother to prenatal
appointments, to be with her during her period of hospitalization,
and/or to care for her during her recovery period. (Most doctors certify
that the recovery period is about 6 weeks.) An agency may request
administratively acceptable evidence of the mother’s period of
incapacitation for the use of sick leave.
Both parents may use up to 12 weeks of sick leave each year to care
for a child with a serious health condition. Both parents may use up to
13 days of that 12-week period to care for a child with a minor illness
or to accompany a child to a medical, dental, or optical appointment. An
agency may request administratively acceptable evidence of a child’s
illness or treatment. Parents may not use sick leave to be absent from
work to bond with or care for a healthy child.
ANNUAL LEAVE
A mother may use accrued annual leave for pregnancy and childbirth, a
father may used accrued annual leave to care for the mother during
pregnancy and childbirth, and both parents may use accrued annual leave
to be absent from work to bond with or care for a healthy newborn. The
use of annual leave is subject to the right of the supervisor to approve
a time at which annual leave may be taken.
ADVANCE ANNUAL AND/OR SICK LEAVE
An agency may advance employees annual and/or sick leave for purposes
related to childbirth. An agency may advance the amount of annual leave
an employee would accrue during the remainder of the leave year. An
agency may advance a maximum of 30 days of sick leave to a mother during
her period of incapacitation for pregnancy and childbirth. An agency may
advance a father up to five days of sick leave to care for the mother
during her period of incapacitation. Each parent may be advanced up to
five days to care for a child who is ill.
FAMILY AND MEDICAL LEAVE
Each parent is entitled to use a total of up to 12 weeks of leave
without pay under the Family and Medical Leave Act (FMLA) for the birth
of a child and care of the newborn. Subject to the supervisor’s
approval, FMLA leave may be used on an intermittent basis for absences
in connection with childbirth and care of the newborn. An employee may
elect to substitute annual leave and/or sick leave for any or all of the
leave without pay used under the FMLA, consistent with the laws and
regulations for using annual and sick leave. (See SICK LEAVE, above, for
the limitations on the use of sick leave for family care.) An employee’s
entitlement to FMLA leave expires 12 months following the date of birth
of a child.
DONATED LEAVE UNDER THE VOLUNTARY LEAVE TRANSFER AND LEAVE BANK
PROGRAMS
If either the mother or father exhausts her or his sick and/or annual
leave, she or he may receive donated annual leave under the employing
agency’s voluntary leave transfer and/or leave bank programs. These
programs allow Federal employees to donate annual leave to assist
another Federal employee who has a personal or family medical emergency
(including pregnancy and childbirth) and who has exhausted her or his
own available paid leave. An employee may receive donated annual leave
from both the agency leave transfer and leave bank programs. Donated
annual leave may be used only for a medical emergency--e.g., the mother’s
period of incapacitation or the illness of a child--and may not be used
to care for a healthy child.
LEAVE WITHOUT PAY
Subject to supervisory approval, both parents may use leave without
pay for pregnancy and childbirth or to be absent from work to bond with
or care for a healthy newborn. Supervisors should refer to agency
internal policy and negotiated bargaining union agreements prior to
approval.
FLEXIBLE WORK SCHEDULES
If the work requirements and agency needs permit, an employee may
consider working a flexible work schedule. Flexible work schedules
enable employees to select and alter their work schedules to better fit
their personal needs and help balance work, personal, and family
responsibilities.
TELEWORKING
Under an agency’s telework policy, new parents may be permitted to
work at home or from a remote telework site. Teleworking can provide
employees with valuable additional time to spend with their family
members by reducing commuting time. However, teleworkers should not be
caring for family members while they are working from their home or
alternative worksite.
For more information on the Federal Government’s leave and
work scheduling flexibilities, please visit the Office of Personnel
Management’s Web site at www.opm.gov/oca.
REFERENCES
5 U.S.C. chapters 61 and 63
5 CFR parts 610 and 630