R 061650Z OCT 22
MARADMIN 523/22
MSGID/GENADMIN/CMC WASHINGTON DC MRA RA//
SUBJ/FORTHCOMING CHANGES TO RESERVE COMPONENT PARENTAL LEAVE POLICY//
REF/A/MSGID: DOC/CMC/YMD: 20210310//
REF/B/MSGID: MEMO/USD(P&R)/YMD: 20220609//
REF/C/MSGID: MEMO/ASN(M&RA)/YMD: 20210326//
NARR/REF A IS MARINE CORPS ORDER 5000.12F CH1, MARINE CORPS POLICY CONCERNING PARENTHOOD AND PREGNANCY. REF B IS UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS DIRECTIVE-TYPE MEMORANDUM 22-004, RESERVE COMPONENT MATERNITY LEAVE PROGRAM. REF C IS ASSISTANT SECRETARY OF THE NAVY FOR MANPOWER AND RESERVE AFFAIRS MEMORANDUM, SECRETARIAT RESPONSE TO 2020 MARINE CORPS RESERVE POLICY BOARD REPORT.
POC/J. SHAO/MAJ/M&RA(RAP-1)/TEL: 703-784-9138/EMAIL: JASON.SHAO@USMC.MIL//
POC/K. L. PORTERLOTT/MAJ/M&RA(RAP-1)/TEL: 703-784-9138/EMAIL: KRYSTA.PORTERLOTT@USMC.MIL//
GENTEXT/REMARKS/1.  Purpose.  To provide advance notification of two forthcoming changes to reference (a)’s reserve component parental leave policy in alignment with references (b) and (c).
    a.  Reserve Component Maternity Leave Program, see paragraph 3.
    b.  Training Deferment Period, see paragraph 4.
2.  Background.  Reference (b) establishes policy for the Reserve Component Maternity Leave (RCML) Program as authorized in Section 602 of Public Law 116-283, also known as the “William M. (“Mac”) Thornberry National Defense Authorization Act for Fiscal Year 2021.” Reference (a) authorizes a Reserve Marine in a drilling status, after giving birth, to defer active duty or inactive duty for training (IDT) for up to 42 days.  Reference (c) increases the deferment up to 84 days.
3.  Change #1.  On 9 June 2022, reference (b) established the Reserve Component Maternity Leave (RCML) Program which grants up to 12 periods of paid inactive duty training (IDT) (equivalent to three months of drills) to eligible Reserve Marines after childbirth.  The RCML Program will be administered in accordance with (IAW) applicable laws, and the policies contained in the references.
    a.  Eligibility.  A member of the Ready Reserve who gives birth and, as of the date of a qualifying birth event:
        (1) Is a member of the Selected Marine Corps Reserve (SMCR) or Individual Mobilization Augmentee (IMA) Program in good standing; and,
        (2) But for giving birth, would otherwise be required, or scheduled, to attend or participate in up to 12 periods of IDT within a year.
        (3) Marines who meet the above criteria will be referred to as “eligible Marines” for the remainder of this MARADMIN.
    b.  Ineligibility.  The following Marines are not eligible for RCML:
        (1) Marines in a retired status.
        (2) Marines of the Standby Reserve (Active Status List or Inactive Status List).
        (3) Marines of the Ready Reserve who are not entitled to inactive duty pay when performing IDT.
        (4) Marines of the Ready Reserve who are entitled to inactive duty pay, but do not perform a sufficient number of IDTs to earn a minimum of 50 points during the current anniversary year.
        (5) Individual Ready Reserve Marines
    c.  Conditions for entitlement to RCML.
        (1) RCML is limited to eligible Marines following a qualifying birth event.
        (2) RCML is limited to eligible Marines who are not on active duty and are not entitled to basic pay during any RCML period taken by the eligible Marine.
        (3) RCML must be used within one year following the date of a qualifying birth event.
        (4) RCML may not be taken for any IDT period which has been rescheduled or excused.
        (5) One RCML period is equivalent to a four-hour IDT period. A maximum of two RCML periods may be taken per day.
        (6) RCML may be taken in multiple nonconsecutive segments (i.e., in nonconsecutive months).  However, if taken in nonconsecutive segments, each segment must consist of a minimum of two RCML periods.
        (7) Eligible Marines may not exceed 12 RCML periods within the 12 months following the date of a qualifying birth event.
        (8) Commanders may not disapprove RCML requests for IDT periods occurring within the first three months following the date of a qualifying birth event.  However, after the first three months commanders may disapprove RCML due to operational requirements and training workloads.
            (a) When disapproving RCML, commanders will consider the Marine’s health (including any health effects related to recovery from childbirth), the Marine’s ability to safely return to military duty, and will propose alternate dates for which the Marine may take RCML.
            (b) In no case will commanders establish limitations or additional requirements to scheduling RCML that would cause eligible Marines to forfeit one or more periods of RCML.
            (c) Commanders shall provide every opportunity for eligible Marines to schedule up to 12 RCML periods during the first three months following a qualifying birth event, consistent with the Marine’s desires.  To this end, commands may not schedule equivalent duty periods (training conducted in lieu of a missed regularly scheduled drill) or additional IDT periods for eligible Marines during the first three months following a qualifying birth event.
            (d) When annual training (AT) is scheduled during the first three months following a qualifying birth event, commanders may authorize eligible Marines to attend an alternate annual training AT period which falls outside of the first three months.  Eligible Marines may elect to attend the originally scheduled AT or the alternate AT.
        (9) RCML may not be transferred to create any kind of shared benefit.
    d.  RCML periods will count towards meeting the requirements for a satisfactory anniversary year.  RCML periods also count toward the 48 paid IDTs per year allowed for SMCR and IMA Marines.
    e.  RCML benefits
        (1) The rate of pay for each RCML period is equivalent to one paid IDT period.
        (2) The same rate of pay for special and incentive pay(s) and bonuses shall be paid for each period of RCML taken in lieu of each scheduled paid IDT period.
        (3) One retirement point is credited for each period of RCML taken.
        (4) RCML does not confer entitlement to any form of military pay, allowance, or other benefit not expressly provided for by Section 602 of the Public Law 116-283 and reference (b).
    f.  When an eligible Marine uses a surrogate, and the Marine becomes the legal parent or guardian of the child, the event will be treated as an adoption, and the Marine is not entitled to RCML.
    g.  Transitioning Marines who are eligible for the Military Parental Leave Program (MPLP).
        (1) The following may apply to Reserve Marines on active duty who are released from active duty, or active component Marines who transition to the SMCR or IMA Program.
            (a) Marines eligible for parental leave under the MPLP IAW reference (a) and have unused parental leave remaining at the time of release or separation from active duty will receive a proportionate amount of RCML as described in paragraph 3.g.(1)(b) of this message if the following conditions are met:
                1.  The Marine is the birth parent.
                2.  The Marine, at the time of separation or release from active duty (or within 3 months following the date of separation or release), is:
                    a.  Joined to an SMCR or IMA unit.
                    b.  Required or scheduled to attend up to 12 periods of IDT within the 12 months following the date of the MPLP qualifying birth event.
                3.  The Marine is not ineligible for RCML as described in paragraph 3.c.
                4.  The proportionate RCML period(s) that represent the unused parental leave are used within one year of the date the member gave birth while on active duty.  Any unused RCML remaining at the end of the one year period will be forfeited.
            (b) Qualified Marines will be eligible for one period of RCML for each full week of unused parental leave under the MPLP.  For example, a Marine with six weeks of MPLP parental leave remaining unused, as of the date of release or separation from active duty, would be eligible for a maximum of six periods of RCML.
        (2) Marines on active duty who transition to the SMCR or IMA Program and who, while on active duty gave birth, but were not eligible for parental leave under the MPLP, may be eligible for RCML for a qualifying birth event if the conditions in paragraphs 3.h.(1)(a)1-4 of this MARADMIN are met.
    h.  Requesting RCML.  RCML periods must be requested and approved in advance of the IDT period.
        (1) Drill Management Module has been modified to allow the Muster Manager the ability to select (X)-Present Satisfactory and a required reason code of either “00-Satisfactory IDT” or “04-RC Maternity Leave”.  The reason code is recorded to the transaction and submitted to the system for processing to the Reserve Marines electronic record.
        (2) For each IDT in which an RCML period is taken, the Muster Manager will report each RCML period via Drill Management Module as “Present Satisfactory” and reason code “04-RC Maternity Leave.”
        (3) Drill Management Module and the Marine Corps Total Force System do not currently account for the number of RCML periods executed by a Marine to ensure a total of 12 RCML periods are not exceeded.  Until such time that MCTFS is updated, units are required to manually account for the number of RCML periods executed within the one year time limitation authorized.
    i.  A federal civilian employee who is also a Reserve Marine, and who also meets the requirements to be considered an eligible Marine IAW paragraph 3.b of this MARADMIN, may, as appropriate, receive both RCML and any form of federal civilian parental leave.
    j.  Any amount of RCML will be forfeited if it remains unused as of the date that is:
        (1) One year after the date of a qualifying birth event;
        (2) At the time of separation from the Marine Corps;
        (3) At the time of transfer from an eligible reserve component category or status to an ineligible category or status (including transfer to the Standby Reserve, any other non-pay status, or the Retired Reserve—with or without entitlement to retired pay); or
        (4) The commencement of an active duty period that is at least 30 calendar days.
4.  Change #2:  Training Deferment Period
    a.  Reserve Marines in a drilling status, following the placement of a minor child in the Marine’s home through a qualifying birth event, adoption, long-term foster care or surrogate pregnancy services, may defer active duty or IDT for up to 84 consecutive days (12 weeks) starting from the date of placement of a minor child in the Marine’s home.  This training deferment period is unrelated to leave under the MPLP, and also unrelated to the RCML Program described above.
    b.  Training deferment may not be disapproved by a commander if scheduled during the IDT periods within 90 days of placement of a minor child in the Marine’s home.  However, commanders may disapprove training deferment due to operational requirements and training workloads if deferment is requested for periods outside of 90 days following the placement of a minor child in the Marine’s home.
        (1) In disapproving training deferment, commanders will take into consideration the Marine’s health (including any health effects related to their recovery from childbirth), whether the Marine’s health impacts their ability to safely return to military duty, and will propose alternate dates for which the Marine may schedule training deferment.
        (2) In no case will commanders establish limitations or additional requirements to scheduling training deferment that would cause eligible Marines to waive or shorten training deferment without the Marine’s written consent.
        (3) Commanders shall provide every opportunity for Marines eligible for training deferment to schedule up to 84 days of training deferment during the 90 days following the placement of a minor child in a Marine’s home, consistent with the Marine’s desires.  To this end, commands shall not schedule equivalent duty periods (training conducted in lieu of a missed regularly scheduled drill) or additional IDT periods for Marines eligible for training deferment during the 90 days following the placement of a minor child in a Marine’s home.
        (4) For Marines eligible for training deferment, during the 90 days following the placement of a minor child in a Marine’s home, commanders may authorize the Marine to attend an alternate annual training (AT) period which falls outside of the 90 days following the placement of a minor child in a Marine’s home.  The Marine may elect to attend the originally scheduled AT or the alternate AT.
    c.  Training deferment must be taken in one continuous period of absence within the 12 months following placement of a minor child in the Marine’s home.
    d.  The training deferment period may be extended if specifically recommended in writing by the Marine’s health care provider and is approved by the commander.
    e.  A Reserve Marine in a drilling status shall invoke or waive the deferment period via a page 11 entry.
        (1) In the case of a dual military couple, both the birth parent and non-birth parent are eligible to invoke the deferment period.
        (2) Use the following page 11 entry to invoke or waive the deferment period:  “I am eligible to defer active duty or IDT for up to 84 consecutive days following the placement of a minor child in my home through a qualifying birth event, adoption, long-term foster care or surrogate pregnancy services.  I have provided written documentation from a competent medical authority who has made a determination of medical necessity to extend my deferment period to (date).  (Omit the previous sentence if not applicable).  Accordingly, I request to defer active duty or IDT from (start date) to (end date) or I waive deferment from (start date) to (end date).  I am required to earn a minimum of 50 retirement credit points to obtain a satisfactory anniversary year.  Although I am not required to reschedule or make up any missed training events during my elected deferment period, I have/have not been provided opportunities to reschedule critical training events.  I understand that I am responsible for completing mandatory annual or fiscal year training requirements unless granted exemption or extension by appropriate authority.”
        (3) Commands shall cancel IDTs for Marines during their elected deferment period.  Annotate the cancelled IDTs with an appropriate comment such as “IDT cancelled due to training deferment.”
        (4) Commands shall provide opportunities for Marines to reschedule critical training events outside of the Marine’s elected deferment period.  IDT periods not rescheduled within the same fiscal year will be forfeited.
    f.  RCML and training deferment may be sequenced to best meet the needs of the Marine’s family.  All RCML and training deferment must be scheduled/executed within the one year time limitation from a qualifying event.  Training deferment shall not be taken concurrently with RCML.
    g.  Reserve Marines will not receive pay or retirement credit points for any missed IDT or AT periods during the training deferment period.
    h.  All other provisions in reference (a) pertaining to Reserve Marines still apply.
5.  This MARADMIN will be cancelled when the information contained herein is incorporated into reference (a).
6.  Additional changes to reference (a) are expected as the Department of Defense provides guidance IAW with National Defense Authorization Act provisions.
7.  This MARADMIN is applicable to the reserve component, excluding Marines in the Active Reserve program.
8.  Release authorized by Major General M. S. Martin, Director, Reserve Affairs Division.//