II 110th CONGRESS 1st Session S. 880 IN THE SENATE OF THE UNITED STATES March 14, 2007 Mr. Stevens (for himself, Mr. Byrd, and Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Congressional Accountability Act of 1995 to provide for 8 weeks of paid leave for Senate employees giving birth, and for other purposes.

1.

Short title

This Act may be cited as the Senate Family Leave Act.

2.

Paid leave for legislative branch employees

Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended— (1)in subsection (a)— (A)by striking paragraph (2); and (B)by inserting after paragraph (1) the following: (2)

Paid leave following birth

(A)

Leave following birth to assist in employee's recovery

Leave granted under paragraph (1) in accordance with section 102(a)(1)(D) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) to an employee who gives birth shall include paid leave for a contiguous period immediately following the birth, to assist in the employee's recovery. The employee shall be entitled to the paid leave for 7 contiguous workweeks, or for such lesser amount of leave time as is available to the employee under paragraph (1). (B)

Leave following birth generally

Leave granted under paragraph (1) in accordance with section 102(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)) to an employee because of the birth of a son or daughter of the employee shall include paid leave. The employee shall be entitled to the paid leave for 1 workweek, or for such lesser amount of leave time as is available to the employee under paragraph (1). (3)

Paid leave following placement for adoption or foster care

Leave granted under paragraph (1) in accordance with section 102(a)(1)(B) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(B)) to an employee because of the placement of a son or daughter with the employee for adoption or foster care shall include paid leave. The employee shall be entitled to the paid leave for 1 workweek, or for such lesser amount of leave time as is available to the employee under paragraph (1). (4)

Definitions

For purposes of this subsection, including the application described in paragraph (1)— (A)the term employer as used in the Family and Medical Leave Act of 1993 means any employing office headed by a person with the final authority described in section 101(9)(C), concerning a covered employee who is not an employee of the House of Representatives; and (B)the term eligible employee as used in the Family and Medical Leave Act of 1993, and the term employee as used in paragraphs (2) and (3), means a covered employee (who is not an employee of the House of Representatives) who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. ; (2)in subsection (c), by adding at the end the following: (3)

Paid leave

(A)

In general

Paragraphs (2) and (3) of subsection (a) shall apply to— (i)the Government Accountability Office and each employee of that office who has been employed by that office as described in subsection (a)(4)(B); and (ii)the Library of Congress and each employee of that office who has been employed by that office as described in subsection (a)(4)(B). (B)

Regulations

The Comptroller General of the United States and the Librarian of Congress shall issue regulations to implement the rights and protections established under this paragraph. ; and (3)in subsection (d)— (A)in paragraph (1), by inserting (other than subsection (c)) before the period; and (B)in paragraph (2), by inserting The and inserting Except with regard to regulations issued to implement paragraphs (2) and (3) of subsection (a), the.

3.

Responsible parenting leave for legislative branch employees

The Congressional Accountability Act of 1995 is amended by inserting after section 202 (2 U.S.C. 1312) the following:

202A.

Rights and protections relating to responsible parenting leave

(a)

Responsible parenting leave rights and protections provided

(1)

Definitions

For purposes of this subsection, including the application described in paragraph (4)— (A)the term employer as used in the Family and Medical Leave Act of 1993 means any employing office headed by a person with the final authority described in section 101(9)(C) concerning a covered employee who is not an employee of the House of Representatives; (B)the term eligible employee as used in the Family and Medical Leave Act of 1993, and the term employee as used in this subsection, means a covered employee (who is not an employee of the House of Representatives) who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months; and (C)the term son or daughter has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (2)

Responsible parenting leave rights and protections

(A)

In general

In addition to any leave provided under section 202, an employee shall be entitled to a total of 8 hours of paid leave, which may be taken intermittently during any 12-month period, to accompany the employee’s son or daughter to— (i)a medical or dental appointment; (ii)an appointment with a teacher or other official of the son’s or daughter’s school; or (iii)a school function of the son’s or daughter’s school. (B)

Multiple children

Subparagraph (A) applies separately to each son or daughter of an employee. (3)

Notice and certification

(A)

Notice

In any case in which the necessity for leave under paragraph (2) is foreseeable, the employee shall provide the employing office with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such paragraph. If the necessity for the leave is not foreseeable, the employee shall provide such notice as is practicable. (B)

Certification

An employing office may require that a request for leave under paragraph (2) be supported by a certification issued at such time and in such manner as the Board may by regulation prescribe. (4)

Employment and benefits protection and prohibited acts

The rights and protections established by subsections (a) (other than paragraph (4)) and (c)(1) of section 104 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614) shall apply to employees with respect to leave under paragraph (2). For purposes of the application described in this paragraph, references in that section 104 to leave shall be considered to be references to leave under paragraph (2). (b)

Remedy

The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)). (c)

Application to Government Accountability Office and Library of Congress

(1)

In general

Subsections (a) and (b) shall apply to— (A)the Government Accountability Office and each employee of that office who has been employed by that office as described in subsection (a)(1)(B); and (B)the Library of Congress and each employee of that office who has been employed by that office as described in subsection (a)(1)(B). (2)

Regulations

The Comptroller General of the United States and the Librarian of Congress shall issue regulations to implement the rights and protections established under this subsection. (d)

Regulations

The Board shall, pursuant to section 304, issue regulations to implement the rights and protections under this section (other than subsection (c)).

.