SUBJECT: Directive-type Memorandum 22-004 – “Reserve Component Maternity Leave
Program”
References: See Attachment 1.
Purpose. In accordance with the authority in DoD Directive (DoDD) 5124.02 and
Section 602 of Public Law 116-283, also known as the “William M. (“Mac”) Thornberry
National Defense Authorization Act for Fiscal Year 2021,” this DTM:
• Establishes policy, assigns responsibilities, and provides procedures for
Reserve Component maternity leave (RCML), including for associated pay
and crediting of retirement points, for covered Reserve Component (RC)
Service members in connection with the birth of a child.
• Specifically, this DTM implements the RCML program pursuant to Section
206 of Title 37, United States Code (U.S.C.) and Section 12732 of Title 10,
U.S.C. Policies and procedures established or incorporated in this document
supplement any existing guidance for leave and liberty; RC utilization
categories and training participation requirements; entitlement to
compensation in accordance with Section 206 of Title 37, U.S.C. (hereafter
referred to as inactive duty pay), special and incentive pays, and bonuses; and
the crediting of points for the computation of non-regular retirement (hereafter
referred to as retirement points) in all applicable DoD issuances, including
DoD Instruction (DoDI) 1327.06, DoDI 1215.06, DoDI 1215.07, DoDI
1215.13, Volume 7A of DoD 7000.14-R, and any other DoD policy issuances
related to leave and liberty, participation in an RC in an active status,
applicable forms of military compensation, and childbirth. Such issuances
will be updated to incorporate the policies outlined in this DTM as applicable.
This DTM takes precedence over any issuances as it pertains to RCML.
• This DTM is effective June 9, 2022; and remains in effect until incorporated
into DoDI 1327.06. This DTM will expire effective April 1, 2025.
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Change 2, November 1, 2024
2
Applicability. This DTM applies to the OSD, the Military Departments (including the
Coast Guard at all times, including when it is a Service in the Department of Homeland Security
by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and
the Joint Staff, the Combatant Commands, the Office of Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities
within the DoD (referred to collectively in this DTM as the “DoD Components”).
Definitions. See Glossary.
Policy.
• An appropriate period of RCML following childbirth will be provided to
covered RC Service members who give birth. These individuals are referred
to in this DTM as “covered members,” as defined in the Glossary.
• Covered RC Service members will be given the opportunity to take full
advantage of the benefits of the RCML program consistent with their desires,
operational requirements, and training workloads.
• The RCML program will be administered in accordance with applicable laws,
as well as the policies and procedures contained in this DTM.
Responsibilities. See Attachment 2.
Procedures. See Attachment 3.
Summary of Change 2. This change extends the expiration date for the DTM to April 1,
2025.
Releasability. Cleared for public release. Available on the Directives Division Website
at https://www.esd.whs.mil/DD/.
Gilbert R. Cisneros, Jr.
Under Secretary of Defense for Personnel and
Readiness
Attachments:
As stated
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3 Attachment 1
ATTACHMENT 1
REFERENCES
DoD 7000.14-R, Volume 7A, “DoD Financial Management Regulation (FMR): Military Pay
Policy – Active Duty and Reserve Pay,” current edition
DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness
(USD(P&R)),” June 23, 2008
DoD Directive 5124.10, “Assistant Secretary of Defense for Manpower and Reserve Affairs,”
March 13, 2018
DoD Instruction 1215.06, “Uniform Reserve, Training, and Retirement Categories for the
Reserve Components,” March 11, 2014, as amended
DoD Instruction 1215.07, “Service Credit for Non-Regular Retirement,” July 30, 2019, as
amended
DoD Instruction 1215.13, “Ready Reserve Member Participation Policy,” May 5, 2015
DoD Instruction 1327.06, “Leave and Liberty Policy and Procedures,” June 16, 2009, as
amended
Office of the Chairman of the Joint Chiefs of Staff, “DoD Dictionary of Military and Associated
Terms,” current edition
Public Law 116-283, “William M. (“Mac”) Thornberry National Defense Authorization Act for
Fiscal Year 2021,” January 1, 2021
Under Secretary of Defense for Personnel and Readiness Memorandum, “Parental Leave for
Military Personnel in Connection with the Birth or Adoption of a Child,” March 23, 2018
United States Code, Title 10
United States Code, Title 37
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4 Attachment 2
ATTACHMENT 2
RESPONSIBILITIES
1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS
(USD(P&R)). In accordance with DoDD 5124.02, the USD(P&R):
a. Ensures implementing Military Department policies and procedures are uniform
across the Military Services, to the extent feasible.
b. Monitors the effectiveness of Military Department policies and procedures regarding
the RCML program
2. ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER AND RESERVE AFFAIRS.
Under the authority, direction, and control of the USD(P&R), the Assistant Secretary of Defense
for Manpower and Reserve Affairs:
a. Provides overall guidance and oversight of the administration of the RCML program
in accordance with DoDD 5124.10.
b. Serves as the focal point for policies related to RC personnel and leave and liberty in
general and the RCML program in particular.
c. Develops, publishes, and maintains supporting guidance governing the RCML
program as well as publications and memoranda that implement all aspects of this DTM, as
required.
d. Will update and submit for reissuance DoDIs 1327.06, 1215.06, and 1215.07 as
needed in response to the policies contained in this DTM.
e. Ensures DoD Components effectively administer the provisions of the RCML
program in accordance with this DTM.
f. Adjudicates exception to policy requests beyond the authorities provided in this DTM.
3. UNDER SECRETARY OF DEFENSE (COMPTROLLER)/CHIEF FINANCIAL OFFICER,
DEPARTMENT OF DEFENSE (USD(C)/CFO). The USD(C)/CFO will update regulations in
Volume 7A of DoD 7000.14-R regarding procedures for payment of inactive duty pay and
special and incentive pays and bonuses to covered members while on RCML in accordance with
Section 206, and Chapters 5 and 19 of Title 37, U.S.C. and this DTM.
4. DIRECTOR, DEFENSE FINANCE AND ACCOUNTING SERVICE. Under the authority,
direction, and control of the USD(C)/CFO, the Director, Defense Finance and Accounting
Service ensures pay systems are updated as necessary to implement payment of inactive duty pay
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5 Attachment 2
to covered members on RCML in accordance with Section 206(a)(4) of Title 37, U.S.C., and this
DTM.
5. SECRETARIES OF THE MILITARY DEPARTMENTS AND COMMANDANT OF THE
UNITED STATES COAST GUARD. The Secretaries of the Military Departments and the
Commandant of the United States Coast Guard:
a. Implement this DTM in their respective Military Services.
b. Issue further Service-specific guidance in accordance with this DTM, as needed,
including policies and procedures for crediting covered RC members who take RCML with the
appropriate number of retirement points.
c. Educate their force to ensure all Service members understand:
(1) Their benefits under the RCML program, including eligibility and the
effective date of the program.
(2) That the issuance of this DTM does not result in a retroactive application of
benefits other than that which may result from any intervening time period between the effective
dates of this DTM and any further Service-specific guidance.
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6 Attachment 3
ATTACHMENT 3
PROCEDURES
1. COVERED RC MEMBERS.
a. Eligible RC Members. For purposes of eligibility for RCML and its associated
benefits, a “covered member” is a member of the Ready Reserve of an RC in an active status
who gives birth, and as of the date of a qualifying birth event:
(1) Is a participating member of the Selected Reserve in good standing who is
entitled to receive inactive duty pay when attending or participating in periods of inactive duty
training (IDT) either as a member of a unit or individually; or,
(2) Is a member of the Individual Ready Reserve who is entitled to receive
inactive duty pay when attending or participating in a sufficient number of periods of IDT over
the course of a year to count the year as a qualifying year of creditable service toward eligibility
for a non-regular retirement; and,
(3) But for giving birth, would otherwise be required to, or would be scheduled
to, attend or participate in up to 12 periods of IDT as specified in Paragraph 1.a.(1) or (2) of this
attachment within 1 year following the date the member gives birth, or the member’s remaining
military service obligation, whichever is less.
b. Ineligible RC Members. RC members in the following categories or statuses are not
eligible for RCML or associated program benefits:
(1) Members in the Retired Reserve in a retired status.
(2) Members on the inactive status list of an RC or assigned to the Inactive
National Guard.
(3) Members of the Standby Reserve.
(4) Members of the Ready Reserve (including the Individual Ready Reserve)
who:
(a) Are not entitled to inactive duty pay when performing IDT; or
(b) May be entitled to such pay, but only as a result of performing IDT on
an occasional or sporadic basis, and whose performance of IDT over the course of a year would
be insufficient to be counted as a qualifying year of creditable service toward eligibility for a
non-regular retirement.
2. RCML PROGRAM PARAMETERS.
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7 Attachment 3
a. Conditions for Entitlement to RCML. RCML:
(1) Is limited to a covered Service member birth parent following a qualifying
birth event.
(2) Is limited to covered Service members who are not on active duty, as that
term is defined in Section 101(18) of Title 37, U.S.C., and are not entitled to basic pay during
any RCML period taken by the covered member.
(3) Must be used within 1 year following the date of a qualifying birth event.
(4) May not be taken for any IDT period for which RCML may otherwise be
authorized, but for which the IDT period is rescheduled or excused.
(5) Must be taken in increments equivalent to a 4-hour IDT period of which a
maximum of two such increments may be taken per day. Each such 4-hour increment will
constitute an “RCML period.”
(6) May be taken in multiple non-consecutive segments (e.g., in non-consecutive
months). However, if taken in segments that are not consecutive, each segment must consist of a
minimum of two RCML periods.
(7) May not exceed 12 RCML periods or, if fewer than 12, the number of IDT
periods at which a covered member was otherwise required or scheduled to attend or participate
(and for which the member was entitled to receive inactive duty pay and retirement points)
within the 12 months following the date of a qualifying birth event.
(8) May not be disapproved by a commander if taken during the IDT periods
occurring within the first 3 months following the date of a qualifying birth event. However,
commanders may disapprove RCML due to operational requirements and training workloads if it
is requested outside these 3 months.
(a) In disapproving RCML, commanders will take into consideration the
members’ health (including any health effects related to their recovery from childbirth), whether
the members’ health impacts their ability to safely return to military duty, and will propose
alternate dates for which the member may take RCML.
(b) In no case will commanders establish limitations on scheduling
RCML that would cause covered members to forfeit one or more periods of the leave.
(9) May not be transferred to create any kind of shared benefit.
b. Treatment of Periods of RCML.
(1) A period of RCML taken by a covered member will count toward meeting the
minimum requirements for achieving a satisfactory year of participation in the Ready Reserve by
the member in accordance with DoDI 1215.13 (i.e., it will not be treated as an unexcused
absence).
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(2) The associated retirement point credited for each period of RCML taken by a
covered Service member will count toward the minimum 50 retirement points necessary to
achieve a qualifying year of creditable service for non-regular retirement in accordance with
DoDI 1215.07.
3. RCML BENEFITS.
a. Inactive Duty Pay. A covered Service member is entitled to compensation at the rate
of 1/30 of the basic pay authorized for a Service member entitled to basic pay in accordance with
Section 204 of Title 37, U.S.C., of a corresponding grade and longevity (as computed for
purposes of entitlement to basic pay) for each period, not to exceed 12 periods, during which the
covered member is on RCML.
b. Special and Incentive Pay(s) and Bonuses. Subject to the laws, regulations, and
policies governing a specific special or incentive pay or bonus (including provisions governing
payment of such pays or bonuses to Service members during periods while they are on leave), a
covered Service member is entitled to payment of any special or incentive pay or bonus during
each period of RCML, not to exceed 12 periods, that they would have otherwise been entitled to
receive while attending or participating in IDT periods had they not been on RCML.
c. Retirement Points. A covered Service member is entitled to be credited one point for
computing creditable years of service for non-regular retirement (i.e., one retirement point for
each period of authorized RCML, not to exceed 12 points for a maximum of 12 RCML periods)
taken by the member in conjunction with a qualifying birth event.
d. Other Forms of Military Compensation and Benefits. 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 this DTM.
4. RCML AS IT RELATES TO SURROGACY.
a. In cases where a Military Service allows its members to act as surrogates, RCML
following a qualifying birth event is authorized for covered Service members who act as
surrogates.
b. In cases where a covered Service member uses a surrogate, and the member becomes
the legal parent or guardian of the child, the event will be treated as an adoption, and the member
will not be entitled to RCML.
5. SPECIAL RULE FOR RC MEMBERS WHO GIVE BIRTH WHILE ON ACTIVE DUTY.
a. Transitioning Service Members Who are Eligible for Military Parental Leave Program
(MPLP). The following may apply to RC members on active duty who are released from active
duty, or regular Component Service members who transition to the Selected Reserve of the
Ready Reserve in an active status.
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9 Attachment 3
(1) Such Service members must be eligible for parental leave under the MPLP as
defined in accordance with the March 23, 2018 Under Secretary of Defense for Personnel and
Readiness memorandum, and have parental leave remaining unused at the time of release or
separation from active duty. They will receive a proportionate amount of RCML as described in
Paragraph 5.a.(2) of this attachment if the following conditions are met:
(a) The member is the birth parent.
(b) The member at the time of separation or release from active duty (or
within 3 months following the date of separation or release) is:
1. Affiliated with the Selected Reserve of the Ready Reserve in an
active status.
2. Required or scheduled to attend or participate in up to 12
periods of IDT, either as a member of a unit or individually, within the 12 months following the
date of the MPLP qualifying birth event.
(c) The member is not ineligible for RCML as described in Paragraph 1.b.
of this attachment.
(d) The proportionate RCML period(s) that represent the unused parental
leave are used within 1 year of the date the member gave birth while on active duty. Any unused
RCML remaining at the end of the 1-year period will be forfeited.
(2) Qualified members will be eligible for one period of RCML for each full
week of unused parental leave under the MPLP. For example, a member with 6 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.
b. Transitioning RC Active Duty Members Who Are Ineligible for MPLP. Service
members on active duty who transition to the Selected Reserve of the Ready Reserve in an active
status 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 (as defined by this DTM) if the
conditions in Paragraphs 5.a.(1)(a)-(d) of this attachment are met.
c. Other. All other provisions of this DTM unaffected by this paragraph will apply to
Service members covered by this paragraph.
6. FEDERAL CIVILIAN EMPLOYEES. A Federal civilian employee who is a member of a
Reserve Component, including dual-status Military Technicians as defined in accordance with
the provisions of Section 10216(a)(1) of Title 10, U.S.C., and who also meets the requirements to
be considered a covered member in accordance with Paragraph 5 of this attachment may, as
appropriate, receive both RCML and any form of Federal civilian parental leave.
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7. UNUSED RCML. Any amount of RCML will be forfeited if it remains unused as of the date
that is:
a. One year after the date of a qualifying birth event;
b. At the time of separation from a Military Service;
c. At the time of transfer from an eligible RC 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
d. The commencement of an active duty period that is at least 30 calendar days.
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GLOSSARY
PART I. ABBREVIATIONS AND ACRONYMS
ACRONYM MEANING
DoDD DoD directive
DoDI DoD instruction
DTM directive-type memorandum
IDT inactive duty training
MPLP Military Parental Leave Program
RC Reserve Component
RCML Reserve Component maternity leave
U.S.C. United States Code
USD(C)/CFO Under Secretary of Defense (Comptroller)/Chief Financial Officer of
the Department of Defense
USD(P&R) Under Secretary of Defense for Personnel and Readiness
PART II. DEFINITIONS
Unless otherwise noted, these terms and their definitions are for the purpose of this issuance.
TERM DEFINITION
birth event Any live birth (including a live birth in which parental rights are
immediately terminated and the baby is given up for adoption, or a
live birth followed shortly thereafter by the death of the baby),
stillbirth, or late term miscarriage (i.e., a stillbirth or late term
miscarriage that occurs at or after 20 gestational weeks) of a
child(ren) to an RC covered member who is the birth parent.
Multiple births resulting from a single pregnancy (e.g., twins or
triplets) will be treated as a single birth event so long as the multiple
births occur within the same 72-hour period. Multiple births that do
not occur within the same 72-hour period will be treated as separate
birth events (in this case, however, any new periods of RCML must
run concurrently with any pre-existing period(s) of such leave that
have not expired or been used as of the date of the new birth event).
birth parent The Service member who gives birth.
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12 Glossary
TERM DEFINITION
covered member A member of the Ready Reserve of an RC in an active status who
gives birth and meets the requirements in Paragraph 1 of Attachment
3 of this DTM.
IDT Defined in the DoD Dictionary of Military and Associated Terms.
military technician
(dual status)
Defined in Section 10216(a)(1) of Title 10, U.S.C.
RCML An authorized absence of a covered RC Service member from an IDT
period following childbirth at which they would otherwise be
required, or scheduled, to attend or participate and for which they
would be entitled to inactive duty pay and the crediting of one
retirement point toward non-regular retirement for each IDT period.
RCML is comprised of up to 12 such periods of authorized absence.
While absent, covered members will be entitled to receive the
equivalent inactive duty pay, special and incentive pay(s), and
bonuses (subject to the specific eligibility and qualification
requirements for such a pay or bonus) and crediting of retirement
points that they would have otherwise been entitled to receive per
IDT period had they not been absent.
surrogacy An agreement whereby a woman agrees to undergo pregnancy to
deliver a child for another party, to whom she will surrender and
transfer the child for custody and care.