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New Army Directive 2016-09 (Maternity Leave Policy)
For the purposes of this directive, a “birth event” is defined as any birth of a child or
children to a female Soldier when the mother keeps the child or children. Multiple
children resulting from a single pregnancy (for example, twins or triplets) will be treated
as a single birth event, so long as the multiple births occur within 72 hours of each other.

Effective 2 February 2016, commanders will authorize up to 12 continuous weeks of
non-chargeable maternity leave for eligible Regular Army Soldiers and reserve
component Soldiers serving on call or order to active service for a continuous period of
at least 12 months. Troop Program Unit (TPU) Soldiers are not eligible for maternity
leave, but are excused from any battle assembly (weekend drill) and annual training
occurring within the 84 calendar day period immediately following a birth event.
Commanders may not disapprove maternity leave. The 12-week period of maternity
leave will start immediately following a birth event or the mother’s release from
hospitalization following a birth event, whichever is later.

Soldiers who were on convalescent leave on 2 February 2016 after a birth event will
be granted 42 additional days of maternity leave. Soldiers who were on approved
ordinary leave on 2 February 2016 in conjunction with their convalescent leave after a
birth event are authorized to convert their ordinary leave to non-chargeable maternity
leave and to extend their maternity leave, but only so much as to not exceed a total of
84 days.

Soldiers who were in a leave status described in paragraph 5, but who have since
returned to duty, are authorized to return immediately to a leave status. These Soldiers
will take the remaining leave as continuous non-chargeable maternity leave, and they
are authorized to convert any regular leave they may have taken in conjunction with
their convalescent leave following a birth event to non-chargeable maternity leave. The
total days of leave may not exceed 84 days. If a Soldier was present for duty any day
after 2 February 2016, those duty days will not count against the Soldier’s total of
84 days.

Nothing in this directive will be construed to prohibit unit commanders and medical
providers from continuing to grant convalescent leave in accordance with AR 600-8-10
based on an individual Soldier’s fitness for duty (including a Soldier’s fitness following
childbirth that does not qualify as a birth event as defined in paragraph 3). This
directive does not limit convalescent leave to 12 weeks when a health professional or
medical authority has deemed that additional leave is warranted.

Any amount of maternity leave remaining unused at the time of separation from
active service will be forfeited. Two Soldiers who are married to each other may not
transfer maternity leave authorized in this directive to create any kind of shared benefit.

No Soldier will be disadvantaged in her career, including limitations in her
assignments (unless she voluntarily agrees to accept an assignment limitation),
performance appraisals, or selection for professional military education or training,
solely because she has taken maternity leave.

Commanders will educate their forces to ensure appropriate understanding of the
new benefit, including eligibility, applicability, and date of implementation. Commanders
will ensure that all Soldiers who are on maternity leave or ordinary (chargeable) leave in
conjunction with maternity leave, or who were in such a status on 2 February 2016, are
immediately counseled, but no later than 7 days from the date of this directive.

The Deputy Chief of Staff, G-1 is the proponent for this policy and will incorporate
the requirements of DTM 16-002 and this directive into AR 600-8-10 as soon as
practicable. This directive is rescinded upon publication of a revision to AR 600-8-10.

    Download Army Directive 2016-09 (Maternity Leave Policy)
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