Posted on Nov 18, 2022
If I’m in the process of a Chapter 8 can I still take maternity leave?
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Hello, i am currently 6 months pregnant and want to chapter 8. I have until February 3rd for my decision as i am due to give birth March 5th. So my question is if I elect to chapter 8 and sign my papers February 1st will I still be able to take maternity leave ?
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Posted 2 y ago
Responses: 4
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Maternity leave is for after you have your baby. Chapter 8 is for before. Take your leave now if you have it.
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SFC (Join to see)
SPC (Join to see) COL Randall C. explained it in great, thorough detail. I will explain it in brief. NLT 30 days is your ETS date once your separation is approved. That means you process your separation request, your clear, you take your separation leave, and you ETS NLT 3 Feb 2023.
You need to submit your separation request right now, go to TAP, take Christmas leave or sell your excess leave, and then begin clearing the last week of January.
It may take a month to process your separation request. You may request an earlier date, but it will be no later than 3 February 2023. As for your original question, you'll be out of the military in March 2023 when you give birth and will not be entitled to employer maternity leave because you will not be employed by the US Army.
You need to submit your separation request right now, go to TAP, take Christmas leave or sell your excess leave, and then begin clearing the last week of January.
It may take a month to process your separation request. You may request an earlier date, but it will be no later than 3 February 2023. As for your original question, you'll be out of the military in March 2023 when you give birth and will not be entitled to employer maternity leave because you will not be employed by the US Army.
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SPC (Join to see)
MSG (Join to see) you really ain’t have to comment. I was giving the wrong info from my commander that is why I came here to ask. Go about your day thank you.
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MSG (Join to see)
SPC (Join to see) you're right. I didn't. But I did. The fact you admit you were given bad Intel by your command and didn't want to believe SFC Boyd. Also, please mind your military bearing when addressing a SNCO. Especially on an open social media site.
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SPC (Join to see) - First, you can do SFL tap anytime in the 18 months (edited - had previously said 1 year) before your separation. You don't have to wait until the end. In fact, that's what gets most people into trouble is waiting until the end.
Army policy is that installation clearing papers are given seven days prior to your scheduled final out processing date which is determined based on your separation date. You should be able to clear everything in those days.
If you're worried about CIF, get your clothing record and ensure you have everything and that it's ready for turn-in now instead of waiting. Same goes for any other place you have to clear - do what you need to do now instead of waiting until the last minute.
As SFC (Join to see) pointed out, maternity leave is for after you have given birth. I'm unclear with your timelines. A Chapter 8 separation is normally done 30 days before your due date (beginning of February), and is established during the pregnancy counseling with your commander.
The counseling should have been completed now with your choosing one of three options - get out now, stay until NLT 30 days out or stay for full enlistment contract. The regulation only gives you five days to make the decision once the pregnancy is known (the commander is required to start the initial counseling once known or to send you to the docs to confirm if suspected .. and then start it if confirmed).
What date was establish? I can't comprehend that the commander is going to wait until exactly 30 days before your due date to get your decision.
Are you asking if you were to give birth early what would happen regarding maternity leave, separation, etc.?
Army policy is that installation clearing papers are given seven days prior to your scheduled final out processing date which is determined based on your separation date. You should be able to clear everything in those days.
If you're worried about CIF, get your clothing record and ensure you have everything and that it's ready for turn-in now instead of waiting. Same goes for any other place you have to clear - do what you need to do now instead of waiting until the last minute.
As SFC (Join to see) pointed out, maternity leave is for after you have given birth. I'm unclear with your timelines. A Chapter 8 separation is normally done 30 days before your due date (beginning of February), and is established during the pregnancy counseling with your commander.
The counseling should have been completed now with your choosing one of three options - get out now, stay until NLT 30 days out or stay for full enlistment contract. The regulation only gives you five days to make the decision once the pregnancy is known (the commander is required to start the initial counseling once known or to send you to the docs to confirm if suspected .. and then start it if confirmed).
What date was establish? I can't comprehend that the commander is going to wait until exactly 30 days before your due date to get your decision.
Are you asking if you were to give birth early what would happen regarding maternity leave, separation, etc.?
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COL Randall C.
I just gave a long response under SFC (Join to see)'s comment above, but will add some "What should you do now?" advice here.
If you're sure you're getting out, the first thing would be to start SFL-TAP. If you're unsure if you're getting out, start SFL-TAP. Just because you go to the classes, you're not committing to getting out. You must do the DOL portion of SFL-TAP by law, but the rest is 'by policy'. However, there is nothing else beyond that. If you're just interested, you can do SFL-TAP. The window of who can attend is so large, basically anyone that wants to go can go. There is some great information given in the class (and, quite frankly, some very boring non-additive information as well). However, get it done now. There will also be a lot of other type of classes offered once you register and look at what's available - take any and all that might help you with transition.
Force the issue with your commander. Pick a separation date that works best for you and tell them the date you chose. Don't worry about the timeline that the commander isn't meeting according to the regulation (unless it unduly impacts you) - that's on them. Make sure it doesn't come back and bite you. For all I know, you might be the first pregnant Solider they ever had to deal with and they are unfamiliar with what needs to be done. Do what you need to do to take care of yourself.
I am usually good at math, but something's not adding up. "I'm well over 6 months pregnant" .. does that mean you're due at the beginning of February, not March (I am assuming "well over" means a couple more weeks than "6 months" ... if so, another 2 1/2 months puts you at the beginning of February). If that's the case, then you need to plan accordingly.
What you don't want to have happen is that your choices are made for you based on circumstances. Backwards plan from your due date. Fit in all your appointments, post clearing, etc. While your clearing papers won't happen until near the end, again I stress the CIF example I gave before - get all your stuff in order so you're not trying to do it when there might be a time crunch.
If you're sure you're getting out, the first thing would be to start SFL-TAP. If you're unsure if you're getting out, start SFL-TAP. Just because you go to the classes, you're not committing to getting out. You must do the DOL portion of SFL-TAP by law, but the rest is 'by policy'. However, there is nothing else beyond that. If you're just interested, you can do SFL-TAP. The window of who can attend is so large, basically anyone that wants to go can go. There is some great information given in the class (and, quite frankly, some very boring non-additive information as well). However, get it done now. There will also be a lot of other type of classes offered once you register and look at what's available - take any and all that might help you with transition.
Force the issue with your commander. Pick a separation date that works best for you and tell them the date you chose. Don't worry about the timeline that the commander isn't meeting according to the regulation (unless it unduly impacts you) - that's on them. Make sure it doesn't come back and bite you. For all I know, you might be the first pregnant Solider they ever had to deal with and they are unfamiliar with what needs to be done. Do what you need to do to take care of yourself.
I am usually good at math, but something's not adding up. "I'm well over 6 months pregnant" .. does that mean you're due at the beginning of February, not March (I am assuming "well over" means a couple more weeks than "6 months" ... if so, another 2 1/2 months puts you at the beginning of February). If that's the case, then you need to plan accordingly.
What you don't want to have happen is that your choices are made for you based on circumstances. Backwards plan from your due date. Fit in all your appointments, post clearing, etc. While your clearing papers won't happen until near the end, again I stress the CIF example I gave before - get all your stuff in order so you're not trying to do it when there might be a time crunch.
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COL Randall C.
SPC (Join to see), one thing I'll add. Since you're planning (I assume) separating so close to your delivery date, it's critically important for you to ensure you have a good continuum of care! While technically you aren't eligible for TAMP (continues your TRICARE coverage for up to 180 days following your separation from active duty), I know that a lot of out-processing centers automatically check that block so it spits out your eligibility on your orders.
What does this mean for you? You can stay with your active duty obstetrician. You can give birth in a MTF and won't be hit with high insurance copays/cost shares. Etc.
If you aren't given eligibility for TAMP (never hurts to talk to the folks at outprocessing to see if they can check the block - worst case is you are told no) then make absolutely sure one of the first things you do is get health coverage. This might not be on top of your mind, but you will be in a world of hurt if you give birth and don't have coverage.
If you have to transfer to the reserve component to fulfill your military commitment (probably), you'll be eligible for TRICARE Reserve Select if you're assigned to a drilling unit (this would be one case where you want to separate sooner than later so you can establish yourself in the unit prior to your (hopefully) healthy delivery).
What does this mean for you? You can stay with your active duty obstetrician. You can give birth in a MTF and won't be hit with high insurance copays/cost shares. Etc.
If you aren't given eligibility for TAMP (never hurts to talk to the folks at outprocessing to see if they can check the block - worst case is you are told no) then make absolutely sure one of the first things you do is get health coverage. This might not be on top of your mind, but you will be in a world of hurt if you give birth and don't have coverage.
If you have to transfer to the reserve component to fulfill your military commitment (probably), you'll be eligible for TRICARE Reserve Select if you're assigned to a drilling unit (this would be one case where you want to separate sooner than later so you can establish yourself in the unit prior to your (hopefully) healthy delivery).
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SPC (Join to see)
Thank you so much, I have a very new commander and this is the first time she is dealing with a soldier who is pregnant so we are both learning together! I understand everything you said and will start my process when I come back from leave. Since I am at fort lee I will have to get insurance for myself everything I do for my pregnancy is off base so I will look into that also.
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COL Randall C.
IF you're eligible for TAMP, then you will be able to get six months of premium free access to TRICARE Prime or TRICARE Select (your choice). Do your research now to figure out what you'd want at the time. TRICARE Prime is generally cheaper but you're limited to the MTFs and any referrals they make. TRICARE Select allows you to go see who you want, but costs are higher.
The only sure way to ensure you're under TAMP would be to have a reserve component (Army Reserve or Army National Guard) unit lined up (well, you could go into the reserve component of one of the other services as well). Then you fall into the last category of TAMP eligibility (Separating from regular active duty service and agree to become a member of the Selected Reserve of a Reserve Component).
Again, many out-processing points just routinely 'check the block' on this. Can't hurt to go for an out-processing appointment just to talk to one of the folks and see what they do at Ft. Lee.
Since you only have Kenner there, I assume you've been referred off-post for your pregnancy care while you've been on active duty (unless there is an obstetrician at the clinic). If your primary care sent you there, you should be able to keep seeing all your same docs if you go to the Prime route. This include going to the same hospital for delivery and the same post-delivery follow-up care.
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* https://www.tricare.mil/TAMP
The only sure way to ensure you're under TAMP would be to have a reserve component (Army Reserve or Army National Guard) unit lined up (well, you could go into the reserve component of one of the other services as well). Then you fall into the last category of TAMP eligibility (Separating from regular active duty service and agree to become a member of the Selected Reserve of a Reserve Component).
Again, many out-processing points just routinely 'check the block' on this. Can't hurt to go for an out-processing appointment just to talk to one of the folks and see what they do at Ft. Lee.
Since you only have Kenner there, I assume you've been referred off-post for your pregnancy care while you've been on active duty (unless there is an obstetrician at the clinic). If your primary care sent you there, you should be able to keep seeing all your same docs if you go to the Prime route. This include going to the same hospital for delivery and the same post-delivery follow-up care.
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* https://www.tricare.mil/TAMP
Transitional Assistance Management Program | TRICARE
Transitional Assistance Management Program
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