Honey the Hamster

Paragraph 630.1705(c) provides instructions on how to convert the 12-week work obligation into hours for employees billed for hourly leave (including fractions of an hour). The 12-week work obligation must be converted into hours based on the number of hours of the employee`s planned business trip, in accordance with the rules of § 630.1703(c). If an employee`s planned business trip changes before the employee fulfills the 12-week work obligation, the Agency must recalculate the remainder of the working time due in accordance with the rules of § 630.1703 (e). Federal employees who have multiple children born or housed on the same day are eligible for 12 weeks of vacation. The term “applicable employer agency” refers to the agency that employs the employee at the time of completion of the use of paid parental leave. The time when paid parental leave ends is the date on which is the business day on which an employee completes 12 administrative weeks of paid parental leave during the 12-month period that began on the day of birth or placement. If the employee does not take 12 administrative weeks of paid parental leave during the 12-month period that began on the day of birth or placement, the day an employee takes paid parental leave is considered to be the date on which the paid parental leave ends. OPM used average wages by sex and age group to estimate the monetary value of the salary, excluding benefits paid by the employer, for 12 weeks of paid parental leave related to a birth event. If each birth event resulted in 12 weeks of paid parental leave for an affected employee, OPM estimated that the total value of paid salary during parental leave in a year would be approximately $900 million. This equates to about 0.54% of the total basic payroll for the 1.9 million federal employees in OPM`s study population. The law requires federal employees to guarantee in writing that they will work for their agencies for at least 12 weeks after the last day of paid parental leave.

The decision to impose the refund obligation is usually at the sole and exclusive discretion of an agency. However, an organization cannot impose the obligation to reimburse if it determines that the worker is unable to return to work for the required 12 weeks because (1) the worker or newborn or child housed related to the birth or placement is in a serious medical condition (including mental health). or (2) any other circumstance beyond the Employee`s control. In the case of a newborn or foster child, any serious state of health of the child shall be deemed to be related to the birth or placement in question. (2) Since under § 630.1203 (a) an employee may only take 12 weeks of unpaid FMLA leave over a period of 12 months, the use of unpaid FMLA leave that is not associated with paid parental leave may affect an employee`s ability to use the full 12 weeks of paid parental leave. Notwithstanding paragraph (b) (1) of this Section, an employee may only take the full amount of paid parental leave to the extent that 12 weeks of unpaid FMLA leave is granted in accordance with the birth or placement provisions of § 630.1203 (a) (1) or (2) during the period of 12 months from the date of birth or placement. The availability of paid parental leave depends on when the employee takes different types of unpaid FMLA leave compared to a 12-month period in accordance with § 630.1203(c). 2.

For workers to whom leave is invoiced on an hourly basis (including fractions of an hour), the 12 weeks of administrative work referred to in point (a) of this Section shall be converted into hours on the basis of the number of hours of the business trip planned by the worker (at the time when the 12-month period giving entitlement to leave begins) in accordance with the following rules: (2) “Work” means a period during which the employee is employed, with the exception of periods of leave (paid or unpaid), leave (including leave) or other non-taxable status (including leave or AWOL status). These excluded periods will not be taken into account in the execution of the 12-week work obligation. Paragraph 630.1206(f) deals with an employee`s obligation to give general notice of his or her decision to replace paid leave with unpaid FMLA leave. In other words, the general rule is that retroactive substitution is not allowed. However, subsections (f) (2) to (f) (4) deal with certain limited exceptions. Subsection (f) (4) deals with the retroactive substitution of paid parental leave and is related to section 630.1706, which allows retroactive substitution only if an employee is physically or mentally unable to work. Pursuant to Section 6382(d)(2)(F)(i), as added by FEPLA, there is a general requirement that an employee agree (in writing) to perform 12 weeks of work after the end of the use of paid parental leave before the start of paid parental leave. Thus, the law assumes that paid parental leave is granted prospectively after an employee has decided to take the leave and has entered into a work engagement agreement. (1) The application of the employment obligation and the associated repayment obligation is excluded in accordance with § 630.1705 (f) (2); or After agencies and payroll service providers received instructions from the Office of Human Resources Management late last week, they are preparing for the launch of the new benefits program.

“Not all working hours between the intermittent use of paid parental leave count towards meeting the 12-week work obligation,” OPM said. “The work obligation is fulfilled by performing work after the end of the use of paid parental leave.” (i) For a regular full-time employee with 80 hours in the assignment scheduled over a bi-weekly salary period, the hourly equivalent of 12 weeks of administrative work is 480 hours. (i) Several agencies involved. If an employee does not comply with the 12-week work obligation and if more than one organization has paid government contributions to that worker`s health insurance coverage on behalf of an employee during paid parental leave, each organization is responsible for determining whether the refund obligation described in paragraph (f) of this section applies to periods of paid parental leave while employed by the organization. The employing body that employed the employee at the time the paid parental leave was taken is responsible for informing any other organization concerned of the employee`s failure to perform the required 12 weeks of work and of its conclusion regarding the application of the obligation to reimburse. Each other agency concerned will take its own decision on the application of the obligation to reimburse in the context of temporary agency work. The payment of paid parental leave creates a “transfer” – a movement or redistribution of money payments from one group to another that does not affect the total funds. The government transfers payments from the public to federal employees.

For the purposes of these estimates, we assume that the extent of services provided by federal employees is not affected by this rule. This means that employees are doing the work that would have been done by employees who have recently taken parental leave, and that new employees may need to be hired to complete that work. .