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SResearch Service
FY2022 NDAA: Parental Leave Benefits
Updated December 15, 2021
Background
The House passed a Fiscal Year 2022 National Defense Authorization Act (FY2022 NDAA, H.R. 4350)
on September 23, 2021. The Senate Armed Services Committee (SASC) reported a version of the bill (S.
2792) on July 21, 2021. On December 7, 2021, the House and Senate Armed Services Committees
released the text of a negotiated agreement (bicameral agreement, S. 1605) based on the two versions of
the bill. The House passed the bicameral agreement on the same day. This report discusses provisions in
the FY2022 NDAA related to parental leave provisions for uniformed servicemembers and federal
civilians (see Table 1).
Uniformed Servicemembers
Leave authorities for uniformed servicemembers are specified under Chapter 40 of Title 10, and Chapter 9
of Title 37 United States Code. Servicemembers accrue 2.5 days of leave per month of active service.
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 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 FY2020 NDAA (P.L. 116-92, as amended by the FY2021 William M. (Mac) Thornberry 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
Congressional Research Service
https://crsreports. congress.gov
IN11802
CRS INSIGHT
Prepared for Members and
Committees of Congress

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