Guam § 4107 - Parental Leave.

§ 4107. Parental Leave.

(a) Parental leave shall be granted to an eligible employee occupying a permanent position upon the

birth of his or her child(ren) or the adoption of a child(ren) five (5) years old or younger.

(1) Such parental leave shall consist of paid administrative leave not to exceed twenty (20)

working days, encompassing the date of childbirth or adoption of a child(ren) five (5) years old or

younger.

(2) [No text]

(A) In the event that an employee is also eligible for pregnancy related medical leave, that

form of paid administrative leave will be used immediately prior to parental leave.

(B) In that situation, the result may be that parental leave begins as late as ten (10) working

days after the birth of the child, and does not encompass the birth date.

(b) Definition. As used in this Section, “eligible employee” is defined as a full-time classified or full-

time unclassified employee.

(c) Use of Additional Leave Subsequent to Paid Administrative Parental Leave. Subsequent to the use

of parental leave, an eligible employee is permitted to take additional leave that, in combination with paid

administrative leave, does not exceed a total of one hundred thirty (130) working days of total leave

surrounding the birth or adoption of his or her child(ren).

(1) After parental leave is exhausted, employees shall then use sick leave, annual paid leave,

compensatory leave, and leave without pay, in that order.

(2) If employees have exhausted all of the previously stated forms of leave, they may then use

any donated sick leave obtained through the leave sharing program.

(d) Approval of Parental Leave and Additional Leave Surrounding the Birth or Adoption of a Child.

(1) The employer shall approve up to one hundred thirty (130) total working days of leave,

comprised from the various leave sources as listed and pursuant to the order provided in Subsection

(c).

(2) Leave surrounding childbirth or adoption requested in excess of one hundred thirty (130)

working days may be approved on a case-by-case basis at the discretion of the employee’s appointing

authority.

(e) Eligible Employees on a Probationary Status. Eligible employees who take parental leave and

additional leave surrounding the birth or adoption of their child(ren), while on a probationary status, will

have their probationary status increased by the number of workdays they miss during the leave period.

(f) Notice of Foreseeable Leave.

(1) The employee has the responsibility to provide the supervisor no less than ninety (90) days

notification of intent to use paid parental leave and additional leave surrounding the birth or adoption

of their child(ren).

(2) If less than ninety (90) days is available, then notice shall be given as soon as is reasonably

practical.

(g) [No text]

COL 2026-04-23

(1) An employee who becomes a parent to multiple children at the same time is granted the same

amount of parental leave as an employee who becomes a parent to a single child.

(2) Parental leave is not cumulative; and parental leave cannot be sold or donated to other

employees.

(h) Employment and Benefits Protection.

(1) Except for workforce reduction situations, an employee taking parental leave shall be restored

to the same or equivalent position held prior to the leave, or restored to an equivalent position with

equivalent employment benefits, pay, and other terms and conditions of employment.

(2) There shall be no loss of employment benefits accrued prior to leave, except paid parental

leave expended.

(i) Notification to Eligible Employees. Written notice by the hiring agency setting forth employee

rights and responsibilities under the statute is required at the time of hire.