Modernizing Federal Leave Policies for Childbirth, Adoption, and Foster Care To Recruit and Retain Talent and Improve Productivity

This memorandum directs federal agencies to modernize leave policies for childbirth, adoption, and foster care by providing up to 240 hours of advanced sick leave and maximum permitted advanced annual leave, ensuring employees are aware of all available benefits, and expanding workplace flexibilities. It requires OPM to issue guidance within 90 days and agencies to implement changes by January 1, 2016, aiming to improve federal workforce recruitment, retention, and productivity.

Federal Register Open PDF 80 FR 3135

Impact dates

Date TBD
Agencies make changes for advanced annual leave (Section 1b) after OPM guidance
Jan 1, 2016
Agencies complete all policy changes required by Section 3a
Apr 15, 2015
OPM issues guidance on advanced sick and annual leave policies including part-time employees

Key directives

Agencies shall offer 240 hours of advanced sick leave for birth/adoption (Section 1a)
Agencies shall offer maximum advanced annual leave for foster care/bonding (Section 1b)
Agencies shall consider providing emergency backup dependent care services (Section 2)
Agencies shall update policies to ensure employees aware of full range of benefits by January 1, 2016 (Section 3a)
OPM shall issue guidance within 90 days on advanced leave including part-time employees (Section 3d)
Agencies shall review specific required benefits including FMLA leave, accrued leave, nursing mother accommodations (Section 3b)
Agencies shall provide discretionary benefits to maximum extent practicable including telework, flexible schedules, donated leave (Section 3c)

Who is ordered

Timeline

Immediate

OPM directed to issue guidance within 90 days on advanced leave policies including application to part-time employees

Near term (90d)

OPM guidance due by April 15, 2015
Agencies must make policy changes within 60 days after OPM guidance for Sections 1(a) and 1(b) advanced leave provisions

Long term

All agency policy changes required by Section 3(a) must be completed by January 1, 2016
Ongoing implementation of workplace flexibilities and dependent care services

Risks & tensions

Section 4(b) subjects implementation to 'availability of appropriations,' creating potential funding uncertainty
Section 4(c) explicitly disclaims creating any enforceable rights, limiting employee recourse
'To the extent permitted by law' and 'consistent with mission needs' language provides agencies flexibility that may result in uneven implementation
Advanced leave provisions are contingent on OPM guidance timing, making actual agency deadlines uncertain
Document acknowledges US lags other developed countries but does not create new statutory paid leave, relying on existing mechanisms