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

[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]

[Presidential Documents]

[Pages 3135-3137]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-01118]

Presidential Documents

Federal Register / Vol. 80 , No. 13 / Wednesday, January 21, 2015 /

Presidential Documents

[[Page 3135]]

Memorandum of January 15, 2015

Modernizing Federal Leave Policies for

Childbirth, Adoption, and Foster Care To Recruit and

Retain Talent and Improve Productivity

Memorandum for the Heads of Executive Departments and

Agencies

Now more than ever, our Nation's economic success rests

on our ability to empower our citizens to choose jobs

that best utilize their talents and interests. All

employers, including the Federal Government, should

support parents to ensure they can both contribute

fully in the workplace and also meet the needs of their

families. The availability of paid maternity leave, for

example, has been shown to increase the likelihood that

mothers return to their jobs following the birth of a

child, and paid maternity and paternity leave has been

shown to improve the health and development outcomes of

the infant. In addition, it is critically important for

parents and their newborn or newly adopted child to

have the opportunity to form strong family attachments

and relationships.

of a

child, and paid maternity and paternity leave has been

shown to improve the health and development outcomes of

the infant. In addition, it is critically important for

parents and their newborn or newly adopted child to

have the opportunity to form strong family attachments

and relationships.

Men and women both need time to care for their families

and should have access to workplace flexibilities that

help them succeed at work and at home. Offering family

leave and other workplace flexibilities to parents can

help achieve the goals of recruiting and retaining

talent, lowering costly worker turnover, increasing

employee engagement, boosting employee morale, and

ensuring a diverse and inclusive workforce. Yet, the

United States lags behind almost every other country in

ensuring some form of paid parental leave to its

Federal workforce; we are the only developed country in

the world without it.

My memorandum of June 23, 2014 (Enhancing Workplace

Flexibilities and Work-Life Programs), directs the

heads of executive departments and agencies (agencies)

to more fully utilize workplace flexibilities and work-

life programs to promote recruitment, retention,

employee engagement, and workforce productivity. My

Administration fully supports efforts to align the

Federal Government with the parental leave policies of

leading private sector companies and other

industrialized countries, and will continue to take

administrative steps to modernize leave policies to

better support Federal employees.

ctivity. My

Administration fully supports efforts to align the

Federal Government with the parental leave policies of

leading private sector companies and other

industrialized countries, and will continue to take

administrative steps to modernize leave policies to

better support Federal employees.

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and to further build on these important goals

and the work currently underway by the Office of

Personnel Management (OPM) and other agencies to review

existing personnel policies, I hereby direct as

follows:

Section 1. Advanced Sick and Annual Leave. (a) Agencies

shall ensure that, to the extent permitted by law,

their policies offer 240 hours of advanced sick leave,

at the request of an employee and in appropriate

circumstances, in connection with the birth or adoption

of a child or for other sick leave eligible uses. This

benefit shall be provided for purposes specified in law

and regulation irrespective of existing leave balances.

Within 60 days of OPM issuing its guidance pursuant to

section 3 of this memorandum, agencies shall make any

necessary changes to their policies to implement this

section.

ble uses. This

benefit shall be provided for purposes specified in law

and regulation irrespective of existing leave balances.

Within 60 days of OPM issuing its guidance pursuant to

section 3 of this memorandum, agencies shall make any

necessary changes to their policies to implement this

section.

(b) Agencies shall ensure that their policies offer

the maximum amount of advanced annual leave permitted

by law, at the request of an employee, for foster care

placement in their home or bonding with a healthy

newborn or newly adopted child. This benefit shall be

provided for purposes specified

[[Page 3136]]

in law and regulation irrespective of existing leave

balances. Within 60 days of OPM issuing its guidance

pursuant to section 3 of this memorandum, agencies

shall make any necessary changes to their policies to

implement this section.

Sec. 2. Emergency Backup Dependent Care. Agencies shall

consider, consistent with existing resources, providing

access to affordable emergency backup dependent care

services such as through an Employee Assistance

Program.

hall make any necessary changes to their policies to

implement this section.

Sec. 2. Emergency Backup Dependent Care. Agencies shall

consider, consistent with existing resources, providing

access to affordable emergency backup dependent care

services such as through an Employee Assistance

Program.

Sec. 3. Update Leave Policies. (a) In coordination with

the agency review and related OPM summary report of

workplace flexibilities and work-life policies required

by sections 4 and 5 of my memorandum of June 23, 2014,

agencies shall make necessary changes to their policies

and practices to ensure that employees experiencing the

birth or adoption of a child, foster care placement in

their home, or who have other circumstances eligible

for sick or annual leave are aware of the full range of

benefits to which they are entitled. These changes

shall also ensure that discretionary flexibilities are

used to the maximum extent practicable, in accordance

with the laws and regulations governing these programs

and consistent with mission needs, and that employees

understand the benefits for which they may qualify. Any

necessary changes to agency policies required by this

section shall be made as soon as possible, and no later

than January 1, 2016.

(b) For purposes of the changes required by

subsection (a) of this section, agencies shall review

policies with respect to the following required

benefits:

necessary changes to agency policies required by this

section shall be made as soon as possible, and no later

than January 1, 2016.

(b) For purposes of the changes required by

subsection (a) of this section, agencies shall review

policies with respect to the following required

benefits:

(i) use of accrued sick leave (including period of incapacitation for birth

mother, care of birth mother during period of incapacitation, doctor

appointments for birth parents or newborn child, or any periods of time

during which adoptive parents are ordered or required by an adoption agency

or by a court to take time off from work to care for the adopted child);

(ii) leave pursuant to the Family and Medical Leave Act (including

intermittent leave for childbirth, adoption, or foster care placement in

the home; and leave without pay or substitution of appropriate paid leave

in accordance with law and regulation);

(iii) use of accrued annual leave;

(iv) use of leave without pay for a longer period than what is provided for

under the Family and Medical Leave Act; and

(v) break times and private space for nursing mothers.

(c) For purposes of the changes required by

subsection (a) of this section, agencies shall ensure

those changes provide to the maximum extent practicable

the following discretionary benefits:

(i) advancement of sick or annual leave, consistent with the requirements

set forth in section 1 of this memorandum;

(ii) donated annual leave under the Voluntary Leave Transfer Program;

(iii) donated annual leave under the Voluntary Leave Bank Program;

(iv) emergency backup dependent care services, such as through an Employee

Assistance Program;

(v) telework; and

(vi) flexible work schedules, including part-time schedules and job sharing

arrangements.

uirements

set forth in section 1 of this memorandum;

(ii) donated annual leave under the Voluntary Leave Transfer Program;

(iii) donated annual leave under the Voluntary Leave Bank Program;

(iv) emergency backup dependent care services, such as through an Employee

Assistance Program;

(v) telework; and

(vi) flexible work schedules, including part-time schedules and job sharing

arrangements.

(d) Within 90 days of the date of this memorandum,

OPM shall issue guidance to agencies regarding

implementing advanced sick and annual leave policies,

including their application to part-time employees. The

OPM summary report of workplace flexibilities and work-

life policies required by section 4 of my memorandum of

June 23, 2014, shall provide further guidance to

implement this memorandum.

Sec. 4. General Provisions. (a) Nothing in this

memorandum shall be construed to impair or otherwise

affect:

[[Page 3137]]

(i) the authority granted by law to a department or agency, or the head

thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent

with applicable law and subject to the availability of

appropriations.

(c) This memorandum is not intended to, and does

not, create any right or benefit, substantive or

procedural, enforceable at law or in equity by any

party against the United States, its departments,

agencies, or entities, its officers, employees, or

agents, or any other person.

appropriations.

(c) This memorandum is not intended to, and does

not, create any right or benefit, substantive or

procedural, enforceable at law or in equity by any

party against the United States, its departments,

agencies, or entities, its officers, employees, or

agents, or any other person.

(d) The Director of OPM is hereby authorized and

directed to publish this memorandum in the Federal

Register.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, January 15, 2015

[FR Doc. 2015-01118

Filed 1-20-15; 11:15 am]

Billing code 6325-01