[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5718 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5718

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 8, 2008

   Mrs. Maloney of New York (for herself, Mr. Davis of Illinois, Mr. 
Hoyer, Mr. George Miller of California, Mr. Tom Davis of Virginia, Ms. 
Woolsey, Mr. Berman, Ms. DeLauro, Mr. Ellison, Mr. Fattah, Mr. Filner, 
 Mrs. Gillibrand, Mr. Lewis of Georgia, Ms. McCollum of Minnesota, Mr. 
 Moran of Virginia, Mr. Sarbanes, Ms. Schakowsky, Mr. Serrano, Mr. Van 
    Hollen, Mr. Cummings, Mr. Al Green of Texas, and Mr. Kucinich) 
 introduced the following bill; which was referred to the Committee on 
 Oversight and Government Reform, and in addition to the Committees on 
   House Administration and Education and Labor, 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 ``subparagraphs (A), (B), (C), and'' and 
        inserting ``subparagraphs (C) and''; 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 such subparagraph.
    ``(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 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) 8 workweeks of paid parental 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 paid parental 
                leave described in subparagraph (A) of such paragraph.
            ``(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) 8 workweeks of paid parental leave 
                        under this clause in connection with the birth 
                        or placement involved; 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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