This coverage estimate includes approximately 95,000 employees of nonappropriated fund instrumentalities described in 5 U.S.C. (3) An agency may not require an employee to substitute paid leave for leave without pay. 6382(b) and § 630.1205. 6382(a)(1)(A) and (B).) (The recovery period would be whatever is specified by a health care provider. (See 5 U.S.C. Section 7606 of FEPLA, dealing with the coverage of screener personnel employed by the Transportation Security Administration (TSA) under the title 5 FMLA law, was effective on December 20, 2019, the date FEPLA was enacted.  Aparna Mathur, “Paid Family Leave: Understanding the Benefits and the Costs,”American Enterprise Institute (April 2019). (e) Employee entitlement to substitute. For example, this excludes 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. 6305(c) and 6311; subpart H issued under 5 U.S.C. 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. may not be reproduced without express written consent from Ian Smith. Various studies indicate that paid parental leave may improve the health of the birth mother and the child. Therefore, an accurate assessment of the costs of the regulation should include these real resource costs, including the deadweight cost of taxation. Source of number of Federal employees (all ages): FedScope—July 2019 and other data sources for employees not in FedScope; * full-time and part-time permanent employees. 8906 on behalf of the employee to maintain the employee's health insurance coverage during the period of paid parental leave. documents in the last year, 37 better and aid in comparing the online edition to the print edition. Paid parental leave continues to be available only as long as the employee has a continuing parental role with respect to the newly born or placed child. Section 630.1206(c) addresses the paid leave substitution rules for FMLA leave connected to a serious health condition or an exigency. Those two 12-month periods would be June 1-May 31 and October 1-September 30. The act covers parents who recently gave birth … For example, if a regular full-time employee has a balance of 120 hours of unused family and medical leave for a 12-month FMLA period that is in progress and then converts to a part-time schedule of 20 hours per week, the balance would be recalculated to be 60 hours. The leave granted under this paragraph (j) will not count against the employee's 12-week FMLA entitlement in any other 12-month period, as established under paragraph (a) of this section. The revised paragraph (g) establishes that FMLA unpaid leave linked to a birth event includes leave necessary for an employee who is the birth mother to recover from giving birth, even if the employee is not involved in caring for the son or daughter during portions of that recovery period. For simplicity, we use this figure to estimate annual transfers associated with this rule. (2) If an employee covered by paragraph (b)(1) of this section declines to enter into the written agreement after being determined by the agency to no longer be incapacitated, the agency must cancel any portion of the 12 weeks of paid parental leave that has not been exhausted, and designate as invalid any paid parental leave that was used based on the conditional approval. However, if an employee invokes FMLA leave based on the birth or placement of a child, the employee would be entitled to use that FMLA leave for a continuous block of time following the birth or placement and then would be entitled to substitute annual leave for that block of time. An employee may request that the debt be eliminated by applying annual leave or other appropriate types of paid time off to the employee's credit to the affected periods of time. The term “applicable employing agency” means the agency employing the employee at the time use of paid parental leave concludes. Employees of certain Executive Branch agencies such as the U.S. It is not an official legal edition of the Federal 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. documents in the last year, 106 The estimate includes approximately 26,000 Judicial Branch employees who are covered by title 5 FMLA provisions. 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. (a) 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 entitlement of up to 12 weeks of paid parental leave under § 630.1703(b). In that case, only 12 weeks of paid parental leave could be substituted, since only 12 weeks of paid parental leave is available in connection with any given birth or placement (i.e., only 12 weeks of paid parental leave is available for substitution for a 12-month period beginning on the date of birth or placement because the entitlement to FMLA unpaid leave for birth or placement expires at the end of that 12-month period).
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