Federal Employees Maternity Leave Laws

Childbirth and Sick Leave

Both a mother and father are entitled to use various resources when it comes to pregnancy, birth, and newborn childcare. The government is accommodating to various circumstances and situations outlined in the document Leave and Work Scheduling Flexibilities Available for Childbirth.

Highlights of each option are given below, but speak with your human resources director to find out which part of the federal employees maternity leave laws apply to your situation.

Sick Leave

A pregnant woman can use up to 12 weeks of accrued sick leave for prenatal visits, hospital appointments, medical hospitalizations, birth and care, and recovery. Fathers can also take up to 12 weeks of sick leave to be used for prenatal visits, hospitalization of the mother during and after childbirth, and the mother’s recovery. A doctor’s excuse may be requested in order to grant leave.

However, the document stipulates that “parents may not use sick leave to be absent from work to bond with or care for a healthy child.”

Annual Leave

Accrued annual leave can be used for pregnancy and childbirth by both the mother and the father. Additionally, parents can take this leave to bond with and care for their healthy newborn baby, subject to a supervisor’s approval.

The OPM has an annual leave chart that outlines policies on leave and its use.

Advanced Annual/Sick Leave

Up to 30 days of advance annual or sick leave can be granted to a mother and/or father for purposed of pregnancy or childbirth. The amount of advanced leave given is dependent upon what the worker would receive through the end of the year.

Voluntary Leave Bank Programs

A program exists that allows federal employees to donate unused annual leave to others who have exhausted their current leave. It can be used for medical emergencies related to pregnancy and childbirth purposes but is not to be used for bonding with or caring for a healthy newborn.

Leave Without Pay

Leave without pay (LWOP) is available to parents who no longer have paid leave available to them, dependent upon the approval of supervisors and in accordance with internal policies and union agreements. LWOP effects and benefits policies also extend to other areas, so talk to your supervisor to learn what to expect when using this time off.

Family and Medical Leave Act

Maternity leave laws for the entire country, including federal employees, are subject to the Family and Medical Leave Act (FMLA). Under the FMLA, employees are given up to 12 weeks of unpaid leave during a 12 month period, provided they meet the employment conditions required.

The FMLA leave can be used for the birth and care of a newborn child by either parent. The leave is additional to any paid time off the employee can draw upon. Advance notification to the employer is required and you may be asked to fill out a FMLA Medical Certification Form.

Keep in mind that if you take leave under the FMLA, you will not have an income while on leave. It is best to use paid sick or paid accrued annual leave before you consider drawing leave through FMLA. Your workplace may have further internal policies related to taking maternity and family leave, so check with your human resources department for more information.

Additional Federal Employees Maternity Leave Laws Resources

Each employment branch of the U.S. government should have a written policy regarding maternity and family leave policies, like the National Oceanic & Atmospheric Administration and the FBI. You will need to speak with your supervisor or human resources department regarding specific questions about your maternity leave and what you can do to transition from work to maternity leave easily.

Flexible options, such as telecommuting, job sharing, or part time work might be available for working mothers to help them ease back into their position.

Other resources for federal employees who are expecting a child or planning to start a family include:

• Federal Employee Health Benefits Program
• Frequently Asked Questions, Benefits & Claims (regarding employee health insurance and baby’s birth)
• OPM’s Work/Life Programs and Policies
• OPM’s Leave and Work Scheduling Flexibilities Available for Adoption
• OPM’s Sick Leave for Adoption
• OPM’s Leave Forms

On June 18, 2008, the U.S. House passed bill H.R. 5781 that would provide for paid leave for federal employees. Should the bill pass the Senate and be signed into law by the President, it may go into effect as early as 2009.