110 HR 3799 IH: Federal Employees Paid Parental Leave U.S. House of Representatives 2007-10-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3799 IN THE HOUSE OF REPRESENTATIVES October 10, 2007 Mrs. Maloney of New York (for herself, Mr. Davis of Illinois, Mr. Hoyer, Mr. Tom Davis of Virginia, and Mr. George Miller of California) 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.

1.

Short title

This Act may be cited as the Federal Employees Paid Parental Leave Act of 2007.

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 to read as follows: (d)(1)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. (2)The paid leave that is available to an employee for purposes of paragraph (1) is— (A)8 administrative workweeks of paid 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. (3)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 (2) before being allowed to use leave described in subparagraph (A) of such subparagraph. (4)Leave under paragraph (2)(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. (5)The Office shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (3)(B), the manner in which an employee may designate any day or other period as to which such employee wishes to use leave described in paragraph (2)(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.

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)8 workweeks of paid leave under this subparagraph in connection with the birth or placement involved; 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 leave described in subparagraph (A) of such paragraph. (4)

Additional rules

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.