New Parental Leave FAQs
Expanded Military Parental Leave Program
Frequently Asked Questions
Q1. Are Soldiers entitled to six weeks of maternity convalescent leave according to the recently published Directive-Type Memorandum (DTM)?
A1. Maternity convalescent leave and parental leave are two separate non-chargeable periods of absence. The DTM does not change the use of maternity convalescent leave, which is limited to a covered Soldier birth parent after a qualifying birth event. In cases when a baby is stillborn or the covered member suffers a miscarriage, convalescent leave (other than maternity convalescent leave) may be granted. See AR 600-8-10, para. 5-5c.(1).(a) and (b) for details.
Q2. Can a commander add or remove limitations to this policy?
A2. No, any limitations beyond those listed in this policy requires approval by the Secretary of the Army.
Q3. Who is the disapproval authority for military parental leave?
A3. Soldiers will work with their chains of command as early as possible to develop a parental leave plan that balances both the needs of the Soldier and the needs of the unit. Only the first general officer in a Soldier’s chain of command may disapprove a request for parental leave.
Q4. What are some situations where a commander would disapprove parental leave?
A4. When balancing the needs of the Soldier with the needs of the unit, commanders should consider the significance of the event and its impact on readiness (e.g., a critical deployment or critical training exercise) when considering a Soldier’s request for parental leave. Only the first general officer in a Soldier’s chain of command may disapprove a request for parental leave.
Q5. Can a Soldier defer military parental Leave?
A5. Yes. Soldiers who want to defer parental leave may be authorized an extension of the one-year parental leave period. Soldiers will be authorized to take parental leave after the one-year period if they would ordinarily lose unused parental leave at the end of the one-year period because of one or more of these conditions:
(1) Participation in a deployment and/or military exercise for a consecutive period of 90 or more days within the one-year period.
(2) Attendance at an in-residence professional military education course for a consecutive period of 90 or more days within the one-year period.
(3) Execution of permanent change-of-station orders with temporary duty enroute to a new permanent duty station of 90 or more consecutive days that would interfere with the taking of parental leave within the one-year period.
(4) Conducting routine temporary duty away from the permanent duty station for a consecutive period of 90 or more days within the one-year period.
(5) Hospitalization or in an in-patient status for 90 or more consecutive days within the one-year period.
(6) HQDA may approve other extenuating circumstances, on a case-by-case basis, that exceed a consecutive period of 90 or more days within the one-year period.
Q6. Do Soldiers have to take 12-weeks of leave in one block?
A6. No. Soldiers may choose to take parental leave in one or more increments. Soldiers will work with their chains of command as early as possible to develop a parental leave plan that balances both the needs of the Soldier and the needs of the unit. Soldiers choosing to take parental leave in more than one increment must request such proposed leave in blocks of at least seven days each for a maximum of 12 increments, and must submit such requests within the timelines established by normal procedures and/or the unit commander. Commanders are
Expanded Military Parental Leave Program
Frequently Asked Questions
encouraged to approve requests for incremental periods of parental leave. If unit commanders do not approve taking incremental leave, they must allow Soldiers to take the full 12 weeks of parental leave in one continuous period.
Q7. What is a parental leave plan?
A7. It is a conversation between Commanders and Soldiers to balance the needs of the Soldier and the needs of the unit before the appropriate leave form is submitted.
Q8. Can Soldiers take ordinary (Chargeable Leave) with parental Leave?
A8. Yes. Soldiers may take ordinary (i.e., chargeable) leave in between increments of parental leave or consecutively with parental leave. No particular order or sequence of such leave is required.
Q9. What is the effective date of the Expansion of the Military Parental Leave Program?
A9. Effective Dec 27, 2022, Soldiers are authorized MPLP following the birth of a Soldier’s child, adoption of a minor child by a Soldier, or placement of a minor child with a Soldier for adoption or long-term foster care.
Q10. When does Expanded Parental Leave expire for birth events?
A10. Parental leave is authorized during a one-year period beginning on the date of the qualifying event. Soldiers who are required to defer parental leave may be authorized an extension of the one-year parental leave period. Any amount of parental leave remaining unused at the time of separation from active service will be forfeited.
Q11. Who is eligible for the Expansion of Military Parental Leave Program benefit?
A11. The expansion provides parental leave to active component; Reserve component Soldiers performing active guard and Reserve duty or full-time National Guard duty for more than 12 months consecutively; and Reserve component Soldiers performing duty under a call or order to active service for more than 12 months consecutively who have given birth, have adopted or are adopting a child, or have received a foster child. Reserve component Soldiers who do not fall in one of the above-mentioned categories are entitled to Reserve Component Maternity Leave as described in ALARACT 078/2022.
Q12. What is the benefit for birth parents and non-birth parents (i.e., secondary-care givers)?
A12. Birth parents will be granted 12 weeks of parental leave following a period of convalescent leave, and non-birth parents will be granted 12 weeks of leave following the birth of the child. Adoptive parents and eligible foster parents will also be granted 12 weeks of parental leave.
Q13. Are Soldiers eligible for parental leave if they are not married to the birth parent who gave birth to their child?
A13. Yes, the non-birth parent is eligible for up to 12 weeks of parental leave during the one-year period beginning on the date of qualifying event. If the child is born outside of marriage, the non-birth parent’s parentage of the child must be established in accordance with AR 600-8-10, paragraph 5-5.D.(6). Additionally, to register a child in DEERS, DD Form 1172-2 must be completed and submitted, along with a certified copy or original birth certificate to the DEERS office.
Expanded Military Parental Leave Program
Frequently Asked Questions
Q14. If Soldiers have unused caregiver leave under the prior policy, are they still eligible to use the expanded military parental leave?
A14. Soldiers who have unused caregiver leave under the prior policy are now authorized the expanded military parental leave under the new policy. However, the sum total of caregiver leave and the expanded military parental leave cannot exceed 12 weeks.
Q15. What if a Soldier is currently on parental leave based upon the previous policy’s timeframe?
A15. If someone is on parental leave, then they are able to take advantage of the expansion of the military parental leave policy, which extends up to a total of 12 weeks.
Q16. In the event of a still birth or a miscarriage, is the Soldier still authorized the full 12-week military parental leave benefit?
A16. In the unfortunate event of a still birth or miscarriage, the medical provider may recommend convalescent leave in accordance with medical practice standards. In such cases, neither the birth parent nor the non-birth parent is eligible for military parental leave. The commander may authorize emergency leave and/or the forthcoming bereavement leave authorized by OSD. In accordance with Army Directive 2022-06, a birth parent is exempt from Army Body Composition standards and taking a record Army Combat Fitness Test (ACFT) for 365 days after the conclusion of pregnancy.
NOTE: Pending OSD policy will authorize a period of bereavement leave following the death of a child, which was established in the FY22 NDAA.
Q17. In the event of the death of a child following a qualifying event (i.e., birth, adoption, or long-term foster care placement), is the Soldier still authorized the full 12-week military parental leave benefit?
A17. In the unfortunate event of the death of a child following a qualifying event, military parental leave eligibility for both the birth parent and non-birth parent ends. The medical provider may recommend convalescent leave in accordance with medical practice standards. The commander may authorize emergency leave and/or the forthcoming bereavement leave authorized by OSD. In accordance with Army Directive 2022-06, a birth parent is exempt from Army Body Composition standards and taking a record Army Combat Fitness Test (ACFT) for 365 days after the conclusion of pregnancy.
NOTE: Pending OSD policy will authorize a period of bereavement leave following the death of a child, which was established in the FY22 NDAA.
Q18. If a Soldier is receiving special duty pay, do they continue to receive it while on parental leave?
A18. It depends. A few examples may help illustrate this. Assignment incentive pay will continue when a Soldier is on an authorized leave unless the leave period ends with the discharge of the Soldier. Hazardous duty incentive pay has some specific provision. HDIP provides a monetary incentive to Soldiers who volunteer to perform a duty designated as hazardous, based upon the inherent dangers of the duty and risks of physical injury. It may be paid to a Soldier who performs duty, under competent orders, that is inherently dangerous or risks physical injury. Continued entitlement of HDIP is contingent upon the actual performance of hazardous duty. Soldiers who are temporarily unable to perform a hazardous duty due to an injury or illness that is not the result of the Soldier’s own misconduct may continue to receive HDIP for up to six months. On a case-by-case basis, the first O-5 in the Soldier’s chain of command may authorize an extension of HDIP for an additional six months based on the battalion surgeon’s recommendation. However, under no circumstance will HDIP payments continue beyond 12 months from the date of injury or illness.
Q19. How do Soldiers request expanded military parental leave?
A19.
Soldiers using IPSS-A to request expanded parental leave will use the Absence Management module and select the Request Absence category. Use the following field selections:
a. Absence Type: Select “4-Parental Absence”
b. Absence Name: Select the appropriate event for leave – Adoption of Child; Birth of Child; Fostering of Child.
c. Reason: Select one of the following -
(1) 01-Primary Max Days. Soldiers taking the full period of MPLP (12-weeks).
(2) 02-Primary-Prtl-1st Increment. Soldiers taking parental leave in increments, this is the first increment requested.
(3) 03-Primary-Prtl-Next Increment. Soldiers taking parental leave in increments, this is the next increment requested; any request that is not the first or the last request within increments.
(4) 04-Primary-Prtl-Last Increment. Soldiers taking leave in increments, this is the last part of the incremental periods requested (when all days taken/requested equal 12-weeks parental leave).
d. The Soldier’s commander or designated authority is the Approving Authority.
Soldiers using DA Form 31, Request and Authority for Leave (SEP 2022), will select “Non-Chargeable” and “Primary Caregiver” in Block 8. DA Form 31 can continue to be used through June 2023. The Soldier’s commander or designated authority is the Approving Authority.
a. DA Form 31 will include the following remarks in Block 17, as needed:
(1) Primary Max Days. Soldiers is taking the full period of MPLP (12-weeks).
(2) Primary-1st Increment. Soldiers taking parental leave in increments, this is the first increment requested.
(3) Primary-Next Increment. Soldiers taking parental leave in increments, this is the next increment requested; any request that is not the first or the last request within increments.
(4) Primary-Last Increment. Soldiers taking leave in increments, this is the last part of the incremental periods requested (when all days taken/requested equal 12-weeks parental leave).
b. The Soldier’s commander or designated authority is the Approving Authority