united states coast guard

R 021347 OCT 20
UNCLAS //N12630//
ALCOAST 375/20
A. National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116–92,
Subtitle A, dated, 20 December 2019
B. Family and Medical Leave Act, 5 CFR Subpart L
C. Office of Personnel Management Compensation Policy Memorandum 2020-10, Paid
Parental Leave for Federal Employees Interim Regulations, dated 7 August 2020
1. This ALCOAST provides guidance about the implementation of the Federal Employee
Paid Leave Act (FEPLA), provided under REF (A). The Act modifies provisions of
the Family and Medical Leave Act (FMLA), REF (B), by providing up to 12 weeks (480
hours) of paid parental leave to civilian employees in a 12-month period, in
connection with the birth, adoption, or foster care placement of a child occurring
on or after 1 October 2020. The amount of paid parental leave is prorated for part
time employees and those working on an uncommon tour of duty, e.g., firefighters.
The effective date of 1 October 2020 is a statutory requirement and therefore,
cannot be changed by the Coast Guard. Based on the law’s effective date, paid
parental leave cannot be used for births or placements occurring before
1 October 2020, but employees still may use other appropriate leave options e.g.,
sick leave, annual leave, etc.
2. Key provisions. 
   a. To be eligible for paid parental leave employees must meet FMLA requirements,
to include: completion of 12 months of Federal service covered by title 5 FMLA
provisions; full-time or part-time work schedule (intermittent work schedules are
ineligible); an appointment of more than one year in duration (temporary
appointments not to exceed one year are ineligible). 
   b. FMLA unpaid leave is limited to 12 weeks in any 12-month FMLA period (or 26
weeks of FMLA unpaid leave if the employee is caring for a covered servicemember).
Each civilian employee has a separate entitlement to FMLA unpaid leave. If two
covered employees are parents of the same newly born or placed child, each employee
would have a separate FMLA leave entitlement. Paid parental leave can be used
intermittently with agreement by the supervisor, similar to the use of FMLA.
   c. An employee who is ineligible for FMLA leave at the time of a birth or
placement may establish FMLA leave eligibility during the 12-month period following
the birth or placement and use paid parental leave during that period. For example,
an employee may become eligible for FMLA leave by completing the required
12 months of service or by changing to a qualifying work schedule or appointment.
If FMLA leave eligibility is established and FMLA leave is requested, an employee
can request paid parental leave.
   d. The employees must submit a written request to use FMLA leave in order
to receive paid parental leave. When using paid parental leave, the employee is
concurrently taking FMLA.
   e. The employee must also sign a 12-week service agreement. The service
obligation period begins the day after the last day of paid parental leave is used.
   f.  Unused paid parental leave at the end of the 12 month eligibility is
forfeited, cannot be carried over to subsequent years, nor is paid out as a lump
   g. Multiple Birth/Placement Events. If an employee has multiple children born
or placed on the same day, the multiple-child birth/placement event is considered a
single event that initiates a single entitlement of up to 12 weeks of paid parental
3. Requesting Use of Paid Parental Leave.
   a. Paid Parental Leave Request Form, 12-Week Service Agreement and Leave
Request. Before paid parental leave can begin, the employee must agree in writing
to work for DHS for 12 weeks upon return to work. The leave must be requested
using the paid parental leave request form and must include the employee’s 12-week
service agreement found at the following link:
HR/Leave/Family-and-Medical-Leave-Act/. The Coast Guard paid parental leave form
and service agreements may be replaced when DHS guidance is issued. The employee
must also complete a leave request via the timekeeping system.
   b. Paid Parental Leave Request Form. The employee’s request form must be
accompanied by written information documenting the birth or placement e.g.,
birth certificate, adoption or foster care agency placement documentation, etc.
   c. The 12-week Service Agreement. The 12-week service agreement is a required
work obligation regardless of the amount of paid parental leave used. Periods
of paid or unpaid leave or time off, or other periods of non-duty status (e.g.,
furlough or AWOL) do not count towards meeting the 12-week work obligation.
In addition to defining the requirements of the 12-week work obligation, the
agreement requires reimbursement of the government share of health insurance
premiums paid during the period paid parental leave was used if the work
obligation is unmet.
   d. The employee submits the paid parental leave request form, applicable
documentation, and service agreement, to his/her supervisor. The supervisor
retains this documentation as part of the leave record.
   e. In the event the employee does not meet the 12-week service obligation,
the supervisor is required to submit a request to create a bill based on the
unfulfilled service obligation. The request includes a copy of the employee’s
leave request and the service The supervisor will forward the request
through FedHR Navigator.
   f. Beginning in pay period 20, 2020 (5 October 2020), new transaction/prefix
codes will be available for recording paid parental leave use only. Transaction
code 62 will be used with the following prefix: 70-biological birth, 71-placement
for adoption, and 72-placement for foster care. Using these transaction/prefix
codes for a birth or placement after 1 October 2020 will not count against the
employee’s sick leave balance.
4. Additional implementing guidance, including any necessary forms, and an update
to this ALCOAST will be issued once it becomes available. For detailed
information on additional flexibilities, please see the OPM Handbook on Leave and
Workplace Flexibilities for Childbirth, Adoption, and Foster Care at the following
and-foster-care.pdf. Questions may be directed to the servicing HR Specialist.
5. Ms. Michelle Godfrey, Director Civilian Human Resources, Diversity and
Leadership, sends.
6. Internet release is authorized.