Posted on Oct 18, 2023
SGT Team Leader
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So my unit is going to a different country for a training rotation not going to give to much details on that, me and my wife’s child is due 2 to 3 weeks before my unit would leave. Would I still have to go with my unit or could I stay. I told my leadership about it and I haven’t got a straight answer and I looked in the regs and I’m having a hard time understanding wondering if someone can help me on here?
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COL Randall C.
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Edited >1 y ago
*sigh* - I was making an assumption you were on active duty when I wrote the below. I'll leave it up in case others that are on active duty are asking the same question.

The Military Parental Leave Program (MPLP) doesn't cover reserve component Soldiers unless they are on active duty for 12 or more months. However, if your training rotation will be 12 months or longer, then you ARE entitled (i.e., you have 12+ month long orders for active duty).

There is no equivalent parental leave program in the reserves for those who aren't eligible for the MPLP (there is a proposed bill, the Reserve Component Parental Leave Parity Act*, but it's just a bill right now). There is a Reserve Component Maternity Leave Program*, but that only applies to the birth parent.

** FOR ACTIVE DUTY **

You're entitled to take 12 weeks of parental leave following the birth of your child. However, it's a balancing act between the needs of the Soldier and the needs of the unit.

Would you still have to go or could you stay. Yes. If your leadership needs you on the training rotation, then you go. If they determine your presence is not necessary and you can be gainfully 'employed' doing rear det activities after parental leave is finished, then they can elect to do that.

You have a right to parental leave - you do not have right to dictate when you are going to take it - that is up to your leadership. In fact, then implementation guidance* states that the non-birth parent should expect to deploy with their unit.

A couple of things that will come into consideration.
● Parental leave needs to be taken within 12 months, but that time period is extended for each day you're away from home station for longer than 90 days (i.e., if you go on a 60 day rotation, then no extension. If you go on a 120 day rotation, then you have 12 months + 4 months after the birth of your child).
● Parental leave can be taken in increments, but each increment needs to be at least 7 days in length.
● As I said, you're entitled to parental leave, but your leadership can RECOMMEND disapproval. For parental leave, the only one authorized to deny it is the first GO in your chain of command.

Bottom line - work with your leadership. Yes, you have a big stick you carry in that requests for parental leave can only be denied by the first GO in your chain of command. However, if you request it without developing a plan with your leadership or because you felt like you didn't have to deploy and could force them by requesting all 12 weeks up front - that GO will in all likelihood deny your request , ESPECIALLY after your leadership forwards your request with the reasons they recommend it be denied.

You'll also probably be moved over to the **** list by your unit leadership for trying to go around them or not working it out like you were supposed to do.

If your leadership is just not responding, have you had an open door meeting with your commander? Talked with the 1SG?

You CAN force the issue with them by letting your leadership know that you have to lock in the dates with your wife and will need to submit it soon so it is formally denied by that GO or approved at the unit level. If they still don't respond with that ... well, you did try.
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* Reserve Component Maternity Leave Program - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM-22-004.PDF
* ALARACT 018/2023 - Expansion of Parental Leave Implementation Guidance (births after 27 DEC 22) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37683-ALARACT_0182023-000-WEB-1.pdf
* H.R. 2597 - Reserve component Parental Leave Parity Act - https://www.govinfo.gov/app/details/BILLS-118hr2597ih
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SGT Team Leader
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I’m sorry I am active duty i gotta change that part on my profile and thank you for the response
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MAJ Ronnie Reams
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Your CO is the decider on leave requests.
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