[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5781 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5781
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2008''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraph (A), (B), (C), or'' and
inserting ``subparagraph (C) or''; and
(3) by adding at the end the following:
``(2) 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.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) 8 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subchapter shall be considered to require--
``(A) 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
``(B) 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).
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) 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.
``(6) 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).''.
(b) 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.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) 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.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) 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.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) 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
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this section shall be
considered to require--
``(A) 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
``(B) 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).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) 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.''.
(b) 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.
SEC. 4. 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:
``(3) Special rule for gao and library of congress
employees.--
``(A) 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.
``(B) 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--
``(i) 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
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require--
``(i) 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
``(ii) 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.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(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
``(ii) 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.''.
SEC. 5. STUDY.
(a) 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.
(b) 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--
(1) the need to care for the spouse or a son, daughter, or
parent of the employee having a serious health condition; or
(2) a serious health condition affecting the employee that
renders such employee unable to perform the functions of the
employee's position.
(c) Matters for Inclusion.--The report shall include, at a minimum,
the following:
(1) 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.
(2) With respect to any plans or arrangements under which
such benefits are currently provided to private or public
sector employees in this country--
(A) the portion or percentage of wages typically
replaced;
(B) how those benefits are generally funded,
including in terms of the employer and employee shares;
(C) whether employee coverage is optional or
automatic; and
(D) any waiting period or other conditions which
may apply.
(3) 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.
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