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Paid Parental Leave for Federal Employees Interim Regulations

Friday, August 7, 2020
CPM 2020-10
MEMORANDUM FOR: 
HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
From: 
MICHAEL J. RIGAS, ACTING DIRECTOR
Subject: 
Paid Parental Leave for Federal Employees Interim Regulations

I am pleased to announce that the U.S. Office of Personnel Management (OPM) is issuing interim regulations to implement paid parental leave for Federal employees, which can be found at https://www.regulations.gov/document?D=OPM_FRDOC_0001-1649.   

On December 20, 2019, President Trump signed into law a major improvement to the compensation and benefits package for Federal civilian employees as part of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).  

The new law amended the Family and Medical Leave Act (FMLA) provisions in title 5, United States Code, to provide up to 12 weeks of paid parental leave to covered Federal employees in connection with the birth or placement (for adoption or foster care) of a child occurring on or after October 1, 2020.  By specific provision in the Act, paid parental leave will be provided in connection with a birth or placement occurring on or after October 1, 2020.  Paid parental leave granted in connection with a qualifying birth or placement is substituted for unpaid FMLA leave and is available during the 12-month period following the birth or placement.  

The interim regulations add new paid parental leave regulations to OPM’s leave regulations and make necessary clarifications, changes, and additions to OPM’s FMLA regulations.  

The attached “Key Features” document provides a summary of the law and regulations governing paid parental leave and FMLA leave.  We have also attached other implementing guidance materials. 

Additional Information 

Agency headquarters-level human resources offices may contact OPM at pay-leave-policy@opm.gov with their questions.  Agency field offices should contact their appropriate headquarters-level agency human resources office.  Employees should contact their agency human resources office for further information on this memorandum.  

cc: Chief Human Capital Officers (CHCOs), Deputy CHCOs, Human Resource Directors, and Work-Life Coordinators    

Attachments (see 508-conformant PDFs below) 

  • Attachment 1:  Summary of Key Features
  • Attachment 2:  Template: Request to Use Paid Parental Leave
  • Attachment 3:  Template: Agreement to Complete 12-Week Work Obligation
  • Attachment 4:  Examples: Types of Supporting Documentation for the Use of Paid Parental Leave