If I’m in the process of a Chapter 8 can I still take maternity leave?

2022-11-18T10:50:36-05:00

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 ?

Response by Sgt Private RallyPoint Member made Nov 18 at 2022 11:10 AM

2022-11-18T11:10:02-05:00

SPC Private RallyPoint Member Colonel Cudworth will have the advice that you need.

Response by SFC Private RallyPoint Member made Nov 18 at 2022 11:13 AM

2022-11-18T11:13:20-05:00

Maternity leave is for after you have your baby. Chapter 8 is for before. Take your leave now if you have it.

Response by COL Randall C. made Nov 18 at 2022 12:21 PM

2022-11-18T12:21:00-05:00

SPC Private RallyPoint Member - 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 Private RallyPoint Member 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.?

Response by SSgt Christophe Murphy made Nov 18 at 2022 2:24 PM

2022-11-18T14:24:38-05:00

You want to Chapter out due to Pregnancy but want to take maternity leave? Maternity leave is taken post-birth and the chapter 8 is for before the birth. You have to pick one. Either you want out for being pregnant or you want to have the baby while still in uniform and take the maternity leave offered to Soldiers who just gave birth. . You can't have both.

Cutting things that close to your due date is playing things a little risky. Due dates are not written in stone. You can't assume you will have a month to get it all done. Plus most places won't let you start doing the check out process until you are 12 months out from ETS and if you have more than that till your current ETS they will show you the door until you start the chapter 8. Do as you see fit but cutting it that close to your due date runs the risk of either you not getting everything done or you could potentially have the baby early and chapter 8 would be moot at that point.