ADVANCE NOTICE OF FORTHCOMING CHANGES TO MCOP1050.3H REGULATIONS FOR LEAVE, LIBERTY, AND ADMINISTRATIVE ABSENCE

By | February 06, 2009

R 060409Z FEB 09
UNCLASSIFIED//
MARADMIN 0076/09
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA MP//
SUBJ/ADVANCE NOTICE OF FORTHCOMING CHANGES TO MCOP1050.3H REGULATIONS FOR LEAVE, LIBERTY, AND ADMINISTRATIVE ABSENCE//
REF/A/MSGID:DOC/MCO P1050.3H/YMD:20000204//
REF/B/MSGID:DOC/P.L. 110-417 NDAA 2009/YMD:20081014//
REF/C/MSGID:DOC/P.L. 109-163 NDAA 2006/YMD:20060106//
REF/D/MSGID:DOC/U.S.C. SEC 701 TITLE 10/-//
POC/P. J. HILLIARD/MAJ/UNIT:MPO/-/TEL:DSN 278-9387 TEL:COM 703-784-9387//
NARR/REF A IS MCO P1050.3H REGULATIONS FOR LEAVE, LIBERTY, AND ADMINISTRATIVE ABSENCE. REF B PUBLIC LAW 110-417, 14 OCT 2008 PASSED AS THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY 2009. REF C PUBLIC LAW 109-163, 1 JAN 2006 PASSED AS THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY 2006. REF D IS SECTION 701 OF TITLE 10, UNITED STATES CODE.//
GENTEXT/REMARKS/1.  PURPOSE.  TO PROVIDE ADVANCE NOTICE OF FORTHCOMING CHANGES TO REFERENCE A.
2.  POLICY CHANGES IN REF B AND C REQUIRE CHANGES TO REF A.  THIS MARADMIN PROVIDES ADVANCE NOTICE OF FORTHCOMING CHANGES TO REF A (LEAVE AND LIBERTY POLICIES) REGARDING PERMISSIVE TEMPORARY ADDITIONAL DUTY (PTAD) FOR PATERNITY AND ADOPTION.  THE NATIONAL DEFENSE AUTHORIZATION ACT 2009 HAS DIRECTED CHANGE TO U.S.C. TITLE 10, SEC 701 MANDATING 10 DAYS OF PATERNITY LEAVE (ADMINISTRATIVE ABSENCE) TO A MARRIED MEMBER ON ACTIVE DUTY WHOSE SPOUSE GIVES BIRTH.  THE NATIONAL DEFENSE AUTHORIZATION ACT 2006 HAS DIRECTED CHANGE TO U.S.C. TITLE 10, SEC 701 ALLOWING UP TO 21 DAYS OF ADOPTION LEAVE (ADMINISTRATIVE ABSENCE) FOR ANY MARINE ADOPTING A CHILD.
3.  ACTION.  THE FOLLOWING ADMINISTRATIVE CHANGES WILL BE FORTHCOMING IN THE OFFICIAL CHANGE TO REF A.
3.A. ON PAGE 5-3, PAR. 5003. PTAD FOR BIRTH WILL BE REVISED TO READ:  "5003.  PTAD FOR BIRTH
1.  AUTHORIZATION.  COMMANDERS SHALL AUTHORIZE 10 CONSECUTIVE DAYS OF (PTAD) FOR A MARRIED MALE MARINE WHEN HIS SPOUSE GIVES BIRTH.  
2.  GRANTING PTAD. THE TIMING OF PTAD WILL BE GRANTED AT THE COMMANDER'S DISCRETION DEPENDING ON THE UNIT'S MISSION AND SPECIFIC OPERATIONAL CIRCUMSTANCES.  HOWEVER, COMMANDERS WILL ENSURE, ABSENT ANY IMMEDIATE OR FUTURE OPERATIONAL REQUIREMENTS, THAT PTAD IS TAKEN AND COMPLETED WITHIN 25 DAYS AFTER THE CHILD'S BIRTH.  ADDITIONALLY, IT WILL BE TAKEN BEFORE ANY OTHER LEAVE (I.E., COMBAT, ANNUAL, OR POST DEPLOYMENT MOBILIZATION RESPITE ABSENCE). 
3.  DEPLOYMENT.  IN INSTANCES WHERE MARINES ARE DEPLOYED, OR SCHEDULED TO DEPLOY PRIOR TO THE BIRTH, OR IMMEDIATELY FOLLOWING THE BIRTH, COMMANDERS WILL HAVE THE DISCRETION TO POSTPONE PTAD. MARINES UNABLE TO TAKE PTAD AS STATED ABOVE WILL EXECUTE THEIR PTAD WITHIN 90 DAYS FROM THE DATE OF RETURN.  COMMANDERS RETAIN THE DISCRETION TO AUTHORIZE PTAD OUTSIDE THE 90 DAY WINDOW (POST-DEPLOYMENT) BASED ON EXIGENT CIRCUMSTANCES. 
4.  MEDICAL FACILITIES.  IF APPROPRIATE MEDICAL FACILITIES ARE NOT AVAILABLE FOR DELIVERY, THEN PTAD MAY BE AUTHORIZED FOR THE MALE MARINE TO ACCOMPANY HIS SPOUSE PRIOR TO AND IMMEDIATELY FOLLOWING DELIVERY.  THIS AUTHORIZATION MAY BE EXTENDED TO UNMARRIED MALE MARINES IN CIRCUMSTANCES SUCH AS, BUT NOT LIMITED TO, WHEN THE UNMARRIED MALE MARINE HAS SOLE-CUSTODY OF THE BABY."
3.B. ON PAGE 5-3, PAR. 5004. PTAD FOR ADOPTION. WILL BE REVISED TO READ:  "5004.  PTAD FOR ADOPTION
1.  AUTHORIZATION.  COMMANDERS MAY AUTHORIZE UP TO 21 DAYS PTAD FOR ANY MARINE ADOPTING A CHILD, OR ONE PARENT OF A DUAL MILITARY COUPLE. 
2.  GRANTING PTAD.  THE NUMBER OF DAYS GRANTED WILL BE AT THE DISCRETION OF THE COMMANDERS, BUT NO LESS THAN 10 DAYS. DUE TO THE COMPLEX AND RIGOROUS PROCESS OF ADOPTING A CHILD, COMMANDERS SHOULD ALLOW MARINES THE GREATEST LATITUDE POSSIBLE WHILE ALSO TAKING INTO CONSIDERATION ASSOCIATED RISKS RELATED TO MISSION ACCOMPLISHMENT.  PTAD WILL NOT BE GRANTED TO ADOPTIONS WHERE THE CHILD BEING ADOPTED CURRENTLY RESIDES WITH THE ADOPTING PARENT OR PARENTS.
3.  COMMENCEMENT.  THE PTAD PERIOD SHOULD COMMENCE WHEN THE CHILD IS READY FOR PLACEMENT IN ORDER TO ASSIST THE PARENT(S) IN RELOCATING THE ADOPTIVE CHILD, FORMALIZING LEGAL REQUIREMENTS, ESTABLISHING A CHILD CARE PROGRAM, AND OTHER TASKS AS REQUIRED. 
4.  INTERMITTENT REQUEST.  DUE TO THE ARDUOUS PROCESS INVOLVED WHEN ADOPTING, MARINES MAY TAKE PTAD INTERMITTENTLY WHEN THE CHILD IS READY FOR PLACEMENT.  FOR EXAMPLE, A MARINE MAY REQUEST TO TAKE 3 DAYS PTAD TO FINALIZE LEGAL DOCUMENTS AND THEN RETURN TO DUTY.  LATER, USE 5 MORE DAYS TO ESTABLISH CHILD CARE THEN RETURN TO DUTY, AND FINALLY TAKE 13 DAYS (TOTALING 21) TO PHYSICALLY TAKE CUSTODY AND RELOCATE THE CHILD TO THE HOME."
4.  THIS MESSAGE IS APPLICABLE TO THE TOTAL FORCE.
5.  FILE THIS MESSAGE IMMEDIATELY BEHIND THE SIGNATURE PAGE OF REFERENCE A.
6.  RELEASE AUTHORIZED BY M. F. APPLEGATE, DIRECTOR, MANPOWER PLANS AND POLICY DIVISION.//