Do I get parental leave when my child is born a few weeks before my unit leaves for a training rotation?

*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

This might help because it looks like it breaks it down how the Military Parental Leave Program works for active, Guard, Reserve.

https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/Military-Parental-Leave-Program-(MPLP)#:~:text=Birth%20parents%20will%20be%20granted,12%20weeks%20of%20parental%20leave.

It has links for Guard on Title 10 or Title 32 duty, State Active Duty, Drilling. It looks like you have to be on active status for a period of excess 12 months to get the military parental leave. The parental leave applies for the birth of child and to care for the child.

I don't know that you'd qualify for parental leave unless you were already active for 12 months or more right now it sounds like. They could allow you possibly to come back for the birth. It seems like it's up to your unit but I'm not sure how the Guard world works too well. I'm just going off what's listed here from the policy for Military Parental Leave Program.

Your CO is the decider on leave requests.