When can I use PPL?
Employees can only use paid parental leave during the 12-month period following the birth or placement of a new child. They can’t carry over unused parental leave, and they won’t be paid out for unused or expired leave.
Who is eligible to use PPL?
An employee is eligible for PPL only if he or she is a covered “employee” under the definition in 5 U.S.C. 6381(1)(A) and has completed at least 12 months of service. The definition of “employee” excludes individuals employed on a temporary or intermittent basis.
Is PPL different from or in addition to FMLA?
FMLA was amended to include PPL which allows the substitution of up to 12 weeks of PPL for FMLA unpaid leave granted in connection with the birth of an employee’s child or the placement of a child with an employee for adoption or foster care.
If both parents are CBP federal employees, are both parents entitled to PPL?
Yes, two parents of the same child who are spouses and who are employed by the same employer are entitled to a separate 12-workweek entitlement.
Is PPL intermittent or continuous?
Yes, PPL may be taken intermittently.
Is there a time limit to use PPL?
Can an employee still use FMLA for other issues such as serious health conditions?
Yes, employees will still be able to use FMLA unpaid leave for certain purposes related to an anticipated future birth or placement, a serious health condition for themselves or a family member (as defined by FMLA regulations) and still be able to substitute annual or sick leave (as appropriate) for such unpaid FMLA leave. The total amount of FMLA that can be used in a 12 month period is 12 weeks including PPL.
Does the employee have to provide any documentation in order to be approved to use PPL?
Yes. An employee must provide CBP with appropriate documentation it deems necessary to establish that the employee’s use of PPL is directly connected to a birth or placement. Appropriate documentation could include, but is not limited to, a birth certificate or a document from an adoption or foster care agency regarding the placement. Also, an agency may require that an employee sign a certification attesting that the PPL is being taken in connection with a birth or placement that has occurred. The employee may also be required to attest that the PPL is being used for appropriate purposes, such as the birth mother’s recovery from giving birth or to care for the child. This employee certification may contain a statement in which the employee acknowledges an understanding of the consequences of engaging in fraud by providing a false certification.
Is my pay affected while on PPL?
The pay an employee receives when using PPL shall be the same pay the employee would receive if the employee were using annual leave. In other words, payroll systems will apply the same rules they apply in determining what pay continues during annual leave. PPL is a type of leave that is counted in applying the 8-hour rule in 5 U.S.C. § 5545(a) and 5 C.F.R. § 550.122(b) that determines whether night pay is payable during periods of leave. This is consistent with the treatment of annual leave.
Will an employee receive Sunday premium pay while on PPL?
No. Pay received during PPL may not include Sunday premium pay, consistent with the statutory bar in section 624 of the Treasury and General Government Appropriations Act, 1999.
Is there a return to work obligation after PPL concludes?
Yes, there is a 12-week service commitment. An employee may not use PPL unless the employee agrees (in writing), before the start of PPL, to work for CBP for 12 weeks beginning on the first scheduled workday after such leave concludes. This means that PPL may not be provided to an employee unless the employee enters into such an agreement. To satisfy the work obligation, the employee must complete 12 weeks of work regardless of how much leave he or she takes before satisfying the obligation. CBP has created an agreement to complete the 12 week work obligation template that can be used by employees when requesting PPL.
What if the employee is unable to return to work after the 12 weeks of PPL concludes?
CBP must waive the work obligation if an employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health) of the employee or the newly born or placed child—but only if the condition is related to the applicable birth or placement.
What happens if the employee transfers to another agency while using PPL?
If an employee transfers between agencies while using PPL in connection with a birth or placement, the work obligation will be owed to the agency employing the employee at the time use of PPL concludes. That agency will be responsible for documenting whether the employee fulfills the work obligation. Each agency that incurred costs for the employee’s health insurance during use of PPL will make its own determination about whether to apply the reimbursement requirement.
