Paternity Leave: Military Law And New Fathers

The Military Parental Leave Program (MPLP) was implemented to provide non-chargeable leave entitlements for new parents following the birth, adoption, or long-term foster placement of a minor child. Effective December 27, 2022, the program grants 12 weeks (84 days) of parental leave to both birth parents and non-birth parents, including those who are part of same-sex couples or are adoptive, foster, or surrogate parents. While there is no explicit mention of paternity leave as a standalone law in the military, the MPLP ensures that all eligible service members have the opportunity to take time off and care for their newborn or adopted child without incurring any charges or negative career implications.

Military Parental Leave Program (MPLP)

The Military Parental Leave Program (MPLP) is a benefit offered to active-duty members of the Regular Air Force, Air Force, and Space Force. It provides non-chargeable leave entitlements to service members following the birth, adoption, or long-term foster placement of a minor child. The program is inclusive, covering birth mothers and fathers, same-sex couples, and adoptive, foster, and surrogate parents.

Effective from December 27, 2022, the MPLP offers 12 weeks (84 days) of parental leave to birth parents following the recommended period of convalescent leave, typically six weeks (42 days). Non-birth parents, including adoptive and foster parents, are also entitled to 12 weeks of parental leave. In the case of surrogacy, if a service member becomes the legal parent or guardian of the child, they are entitled to 12 weeks of parental leave, treated as an adoption.

The MPLP consists of three types of non-chargeable leave: Maternity Convalescent Leave, Parental Leave, and Permissive TDY for fertility treatment. Maternity Convalescent Leave is limited to birth parents and is essential for recuperation, addressing medical needs for the health and safety of the member or fetus. This leave must be taken prior to Parental Leave, in one increment, and cannot be disapproved by a commander. Parental Leave grants 12 weeks of leave following a qualifying birth event, long-term foster care placement, or adoption. This leave can be taken incrementally, with a minimum of seven days per increment, and must be used within one year of the qualifying event. For Reservists, unused leave does not apply in the same way, and active service cannot be extended solely for Parental Leave. In the unfortunate event of a stillbirth, miscarriage, or adoption placement termination, Convalescent Leave may still be granted to the birth parent to cope with the loss.

Additionally, the MPLP includes provisions for fertility treatment. Airmen and Guardians participating in a fertility treatment program at a military medical treatment facility are eligible for 35 days of Permissive Temporary Duty (PTDY). This leave can be divided as necessary to facilitate travel to one of the designated fertility treatment facilities.

The MPLP ensures that military service members can take time off to care for their growing families without incurring charges. It is a comprehensive program that considers various family dynamics and provides equal opportunities for all eligible parents to bond with their children.

Qualifying for paternity leave

The Military Parental Leave Program (MPLP) was implemented to provide non-chargeable leave entitlements after the birth, adoption, or long-term foster placement of a minor child. The program covers Total Force Service members who are birth mothers and fathers, same-sex couples, as well as adoptive, foster, and surrogate parents.

To qualify for paternity leave under the MPLP, you must meet the following criteria:

• You must be an Active-Duty member of the Regular Air Force, Air Force, or Space Force.
• You must be the non-birth parent, adoptive parent, or foster parent of a minor child.
• The birth, adoption, or long-term foster placement of the child must have occurred within the past year.
• You must provide the necessary documentation and follow the registration process within the specified timeframe. For example, in the case of a child born outside of marriage, parentage must be established, and registration in the Defense Enrollment Eligibility Reporting System (DEERS) must be initiated within 30 days of the birth.

It's important to note that the leave policy provides for 12 weeks (84 days) of parental leave for eligible individuals. This leave can be taken incrementally, but it must be used within one year of the qualifying event. Additionally, parental leave may be combined with other types of leave, such as ordinary (chargeable) leave.

The approval process for paternity leave may vary depending on the specific branch and unit within the military. In some cases, the disapproval authority for parental leave rests with the first general officer in the chain of command. However, it is generally recommended to submit a parental leave request through the appropriate channels to determine eligibility and receive approval.

Parental leave duration

The Military Parental Leave Program (MPLP) provides non-chargeable leave entitlements following the birth, adoption, or long-term foster placement of a minor child. The policy covers Total Force Service members who are birth mothers and fathers, same-sex couples, as well as adoptive, foster, and surrogate parents.

Effective December 27, 2022, birth parents are authorized 12 weeks (84 days) of parental leave following a medically recommended period of convalescent leave, typically six weeks (42 days). Non-birthing parents, including adoptive and foster parents, are also authorized 12 weeks of parental leave. All leave must be taken within one year of the qualifying event but can be taken incrementally.

For the Air Force and Space Force, parental leave may be taken in increments of at least seven days, with a maximum of 12 increments, pending commander approval. If the commander does not approve incremental leave, they must allow the full 12 weeks of continuous leave. Any unused days will be forfeited upon separation from active service.

According to the Army Directive for parental leave, soldiers are entitled to 12 weeks of parental leave following a birth. Disapproval authority for parental leave rests with the first general officer in the chain of command. Deploying units typically specify the number of days of parental leave a soldier may take before or during deployment, often around two to three weeks. While unit rules do not override the disapproval authority, most units seek approval from the general officer before establishing such policies.

Taking leave in increments

The Military Parental Leave Program (MPLP) allows for leave to be taken in increments. This applies to all parents, including birth mothers and fathers, same-sex couples, and adoptive, foster, and surrogate parents. The program provides 12 weeks (84 days) of non-chargeable leave entitlements, which must be taken within a year of the birth, adoption, or long-term foster placement of a child.

For those in the Air Force and Space Force, parental leave can be taken in increments of at least seven days, with a maximum of 12 separate increments. This means that service members can take their leave in smaller blocks of time, rather than all at once. However, this is subject to commander approval. If the commander does not approve taking leave in increments, the service member must be allowed to take the full 12 weeks of leave in one continuous period.

It is important to note that any unused days of leave will be forfeited at the time of separation from active service. This does not apply to reservists, who can qualify for parental leave. In the case of multiple qualifying events, any new parental leave must run concurrently with any existing leave that has not been used.

The ability to take leave in increments provides flexibility for military parents, allowing them to balance their parental responsibilities with their military careers. This incremental leave option ensures that service members can take time off when they need it most, without having to use all their leave at once.

Extending leave

The Military Parental Leave Program (MPLP) allows for extensions of the one-year Parental Leave period in certain circumstances. These extensions are granted on a day-for-day basis, and there are several criteria that must be met for eligibility. Firstly, the service member must be deployed or participating in a military exercise for a consecutive period of 90 or more days within the initial one-year period following a qualifying child placement event. Additionally, they must meet one of the following requirements:

• Attend an in-residence professional military education course for at least 90 consecutive days within the one-year period.
• Experience a permanent change-of-station order with temporary duty en-route to a new permanent duty station of 90 or more consecutive days, impacting their ability to take Parental Leave within the year.
• Be conducting routine temporary duty away from the permanent duty station for a consecutive period of 90 days or more within the one-year period.
• Be hospitalized or in an inpatient status for over 90 consecutive days within the one-year period.

It is important to note that the approval authority for parental leave requests lies with the first general officer in the chain of command. While most units set rules for the number of days of leave that can be taken before or during deployment, these rules do not override the disapproval authority of the general officer. Service members can submit parental leave requests, but they may be denied by the officer if they conflict with deployment or unit readiness.

Frequently asked questions