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handle is hein.crs/goveevl0001 and id is 1 raw text is: Congressional
SResearch Service
FY2022 NDAA: Parental Leave Benefits
November 18, 2021
Background
Uniformed Servicemembers
Leave authorities for uniformed servicemembers are specified under Chapter 40 of Title 10, and Chapter 9
of Title 37 United States Code. Annual leave accrues at a rate of 2.5 days per month of active service, and
individuals may accrue up to 60 days of leave or up to 120 days under certain circumstances. Sick leave
or convalescent leave is based on medical circumstances and physician's approval. Military commanders
also have the discretion to grant a one-time non-chargeable emergency leave of absence for up to 14 days
due to a medical condition of the servicemember or immediate family, or other hardship. In addition to
other leave, a uniformed servicemember designated as the primary caregiver (typically the parent giving
birth) is authorized up to 12 weeks of paid parental leave (including up to six weeks convalescent leave)
in connection with the birth of a child, or up to six weeks for adoption. Individuals designated as
secondary caregivers are authorized up to 21 days of leave in connection with a birth or adoption. Parental
leave may be taken in more than one increment and must be taken within one year of birth or adoption.
DOD policies further define primary and secondary caregivers.
Federal Civilians
The National Defense Authorization Act for FiscalYear 2020 (FY2020NDAA, P.L. 116-92, as amended
by the FY2021 NDAA, P.L. 116-283) amended the Family and Medical Leave Act (FMLA, P.L. 103-3) to
provide a new paid parental leave benefit to most federal civil service employees. Covered federal
employees may use up to 12 weeks of paid parental leave for the arrival of a new child by birth, adoption,
or foster care placement and for bonding with that child. The leave is available for children born to or
placed with the employee on or after October 1, 2020, and must be used within 12 months of the child's
arrival. Such leave may be used by an employee intermittently or on a reduced leave schedule only with
the employing agency's agreement. The paid parental leave benefit must be used together with the
employee's FMLA leave entitlement. (This leave is in addition to federal employees' annual and sick
leave benefits.)
Congressional Research Service
https://crsreports.congress.gov
IN11802
CRS INSIGHT
Prepared for Membersand
Committeesof Congress

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