Can I take paternity leave with my PCS leave?

PFC Private RallyPoint Member — Tue, 16 Jul 2019 14:33:02 -0400

I am in ait and there is a gap between graduation and I am going OCONUS. I was not allowed to take paternity leave when my child was born in September last year due to AIT. I was asked my 1SG about taking it when I graduate and was told that it could be approved to take my paternity leave en route. However, after my leave packet was signed off on by company command S1 is saying that it is against regulation. I do not understand how as the memo published in JAN 19 only states " may be taken in conjunction with maternity convalescent leave and/or approved chargeable (ordinary) leave, except it may not be taken consecutively with chargeable terminal leave and/or administrative absence for transition or PTDY." Leave in conjunction with PCS should not fall under this as its neither PTDY or Terminal (Transition Leave). Does anybody have any clarification on this?

It also states " If not taken in conjunction with maternity convalescent leave, it must be taken within 1 year (or 18 months with respect to the MPLP retroactive period) of a qualifying birth event or adoption" . So if I can not get it to go through here does this mean I have up to 18 months to take paternity leave or am I just out of luck?

Response by SFC Private RallyPoint Member made Jul 16 at 2019 9:52 PM

SFC Private RallyPoint Member — Tue, 16 Jul 2019 21:52:33 -0400

When are you trying to take your leave? Also, ordinary leave and PCS leave are two different types of leave. Is there any reason why you can’t take it prior to your PCS OCONUS? Have you printed out the directive and submitted a copy with your PCS Leave packet?
Your S1 could be following AR 600-8-10 (Leave and Passes) guidelines for the maximum amount of leave a Soldier from AIT is entitled to when going stateside and overseas. The 21 days on top of your PCS leave exceeds that the number of days authorized. Not sure if this is the case, however, Review the regulation I referred to above. Although there is an update on the paternity leave policy, it does not override all regulations which is why during a PCS move multiple regulations apply. I hope this helps some....good luck to you...

Response by 1SG Ernest Stull made Apr 26 at 2022 7:33 AM

1SG Ernest Stull — Tue, 26 Apr 2022 07:33:38 -0400

I believe its a matter of miscommunication on the regulation, since you want to take your paternity leave in conjunction with regular leave that would be conflict. Paternity leave follows along the same lines as convalescent leave you must sign in off of one leave before taking the other. Now I am sure there is a waiver in there somewhere. I am not an expert at these things it just how the regs get interpreted that messes things up. The approving authority for one leave I believe is the commander of the medical command and the other is your unit command. I believe.