I
110th CONGRESS
2d Session
H. R. 5781
IN THE HOUSE OF REPRESENTATIVES
April 14, 2008
Mrs. Maloney of New York (for herself, Mr. Davis of Illinois, Mr. Tom Davis of Virginia, Mr. George Miller of California, Mr. Hoyer, Mr. Berman, Mr. Cummings, Ms. DeLauro, Mr. Ellison, Mr. Fattah, Mr. Filner, Mrs. Gillibrand, Mr. Al Green of Texas, Mr. Kucinich, Mr. Lewis of Georgia, Ms. McCollum of Minnesota, Mr. Moran of Virginia, Mr. Sarbanes, Ms. Schakowsky, Mr. Serrano, Mr. Van Hollen, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide that 8 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes.
Short title
This Act may be cited as the
Federal Employees Paid Parental Leave
Act of 2008
.
Paid parental leave under title 5
Amendment to title 5
Subsection (d) of section 6382 of title 5, United States Code, is amended—
by redesignating such subsection as subsection (d)(1);
by striking
subparagraph (A), (B), (C), or
and inserting subparagraph
(C) or
; and
by adding at the end the following:
An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
The paid leave that is available to an employee for purposes of paragraph (2) is—
8 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and
any annual or sick leave accrued or accumulated by such employee under subchapter I.
Nothing in this subchapter shall be considered to require—
that an employing agency provide paid sick leave in any situation in which such employing agency would not normally be required to provide such leave; or
that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (3).
Paid parental leave under paragraph (3)(A)—
shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;
shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and
if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.
The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4)(B), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A).
.
Effective date
The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act.
Paid parental leave for Congressional employees
Amendment to Congressional Accountability Act
Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended—
in subsection
(a)(1), by adding at the end the following: In applying section
102(a)(1)(A) and (B) to covered employees, subsection (d) shall
apply.
;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following:
Special rule for paid parental leave for Congressional employees
Substitution of paid leave
A covered employee taking leave without pay under subparagraphs (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose.
Amount of paid leave
The paid leave that is available to a covered employee for purposes of paragraph (1) is—
the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and
any additional paid vacation or sick leave provided by the employing office to such employee.
Limitation
Nothing in this section shall be considered to require—
that an employing office provide paid sick leave in any situation in which such employing office would not normally be required to provide such leave; or
that a covered employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use paid parental leave described in subparagraph (A) of paragraph (2).
Additional rules
Paid parental leave under paragraph (2)(A)—
shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and
if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.
.
Effective date
The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act.
Conforming amendment to Family and Medical Leave Act for GAO and Library of Congress employees
Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following:
Special rule for GAO and Library of Congress employees
Substitution of paid leave
An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraphs (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose.
Amount of paid leave
The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of paragraph (1) is—
the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and
any additional paid vacation or sick leave provided by such employer.
Limitation
Nothing in this paragraph shall be considered to require—
that an employer described in section 101(4)(A)(iv) provide paid sick leave in any situation in which such employer would not normally be required to provide such leave; or
that an employee of such an employer first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use paid parental leave described in clause (i) of such subparagraph.
Additional rules
Paid parental leave under subparagraph (B)(i)—
shall be payable from any appropriation or fund available for salaries or expenses for positions with employers described in section 101(4)(A)(iv); and
if not used by the employee of such employers before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.
.
Study
In general
Not later than 12 months after the date of the enactment of this Act, the Government Accountability Office shall study and submit to Congress a written report on the feasibility and desirability of providing an insurance benefit to Federal employees which affords partial or total wage replacement with respect to periods of qualified leave.
Period of qualified leave
For purposes of this section, the term period of qualified leave, as used with respect to a Federal employee, means any period of leave under section 6382 of title 5, United States Code, which would otherwise be leave without pay, and which is available by reason of—
the need to care for the spouse or a son, daughter, or parent of the employee having a serious health condition; or
a serious health condition affecting the employee that renders such employee unable to perform the functions of the employee’s position.
Matters for inclusion
The report shall include, at a minimum, the following:
A brief description of any plans or arrangements under which similar benefits are currently provided to employees in this country (within the private sector or State or local government) or in other countries.
With respect to any plans or arrangements under which such benefits are currently provided to private or public sector employees in this country—
the portion or percentage of wages typically replaced;
how those benefits are generally funded, including in terms of the employer and employee shares;
whether employee coverage is optional or automatic; and
any waiting period or other conditions which may apply.
Identification and assessment of any plans or arrangements described under the preceding provisions of this subsection (or any aspects thereof) which might be particularly relevant to designing the insurance benefit (described in subsection (a)) for Federal employees, including how such benefit might be coordinated with annual leave, sick leave, or any other paid leave available to an employee for the purpose involved.
