[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6275 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6275

  To provide that 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

                             June 28, 2018

Mrs. Comstock 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 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 2018''.

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),'' and 
        inserting ``subparagraph (C),''; 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) subject to paragraph (6), 12 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 subsection shall be considered to 
        require that an employee first use all or any portion of the 
        leave described in paragraph (3)(B) before being allowed to use 
        the paid parental leave described in paragraph (3)(A).
            ``(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--
                    ``(A) may promulgate regulations to increase the 
                amount of paid parental leave available to an employee 
                under paragraph (3)(A), to a total of not more than 16 
                administrative workweeks, based on the consideration 
                of--
                            ``(i) the benefits provided to the Federal 
                        Government of offering increased paid parental 
                        leave, including enhanced recruitment and 
                        retention of employees;
                            ``(ii) the cost to the Federal Government 
                        of increasing the amount of paid parental leave 
                        that is available to employees;
                            ``(iii) trends in the private sector and in 
                        State and local governments with respect to 
                        offering paid parental leave;
                            ``(iv) the Federal Government's role as a 
                        model employer;
                            ``(v) the impact of increased paid parental 
                        leave on lower-income and economically 
                        disadvantaged employees and their children; and
                            ``(vi) such other factors as the Director 
                        considers necessary; and
                    ``(B) shall prescribe any regulations necessary to 
                carry out this subsection, including, subject to 
                paragraph (4), 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 amendment 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) Amendments 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) of such 
        Act 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 subparagraph (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 subsection shall be 
        considered to require that an employee first use all or any 
        portion of the leave described in paragraph (2)(B) before being 
        allowed to use the paid parental leave described in paragraph 
        (2)(A).
            ``(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 amendment 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 
              EMPLOYEES.

    (a) Treatment of GAO Employees.--
            (1) Amendment to family and medical leave act of 1993.--
        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.--
                    ``(A) Substitution of paid leave.--An employee of 
                an employer described in section 101(4)(A)(iv) taking 
                leave under subparagraph (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 subparagraph (A) 
                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 that an employee first use all 
                or any portion of the leave described in subparagraph 
                (B)(ii) before being allowed to use the 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 the employer 
                        described in section 101(4)(A)(iv); and
                            ``(ii) if not used by the employee of such 
                        employer 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.''.
            (2) Effective date.--The amendment made by this subsection 
        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.
    (b) Additional Conforming Amendment Relating to Library of Congress 
Employees.--
            (1) In general.--Section 101(4)(A)(iv) of such Act (29 
        U.S.C. 2611(4)(A)(iv)) is amended by striking ``and the Library 
        of Congress''.
            (2) Effective date.--The amendment made by this subsection 
        shall take effect as if included in the enactment of the 
        Legislative Branch Appropriations Act, 2018 (Public Law 115-
        141).

SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.

    (a) Executive Branch Employees.--For purposes of determining the 
eligibility of an employee who is a member of the National Guard or 
Reserves to take leave under paragraph (1) (A) or (B) of section 
6382(a) of title 5, United States Code, or to substitute such leave 
pursuant to paragraph (2) of such section (as added by section 2), any 
service by such employee on active duty (as defined in section 6381(7) 
of such title) shall be counted as service as an employee for purposes 
of section 6381(1)(B) of such title.
    (b) Congressional Employees.--For purposes of determining the 
eligibility of a covered employee (as such term is defined in section 
101(3) of the Congressional Accountability Act) who is a member of the 
National Guard or Reserves to take leave under subparagraph (A) or (B) 
of section 102(a)(1) of the Family and Medical Leave Act of 1993 
(pursuant to section 202(a)(1) of the Congressional Accountability 
Act), or to substitute such leave pursuant to subsection (d) of section 
202 of such Act (as added by section 3), any service by such employee 
on active duty (as defined in section 101(14) of the Family and Medical 
Leave Act of 1993) shall be counted as time during which such employee 
has been employed in an employing office for purposes of section 
202(a)(2)(B) of the Congressional Accountability Act.
    (c) GAO Employees.--For purposes of determining the eligibility of 
an employee of the Government Accountability Office who is a member of 
the National Guard or Reserves to take leave under subparagraph (A) or 
(B) of section 102(a)(1) of the Family and Medical Leave Act of 1993, 
or to substitute such leave pursuant to paragraph (3) of section 102(d) 
of such Act (as added by section 4), any service by such employee on 
active duty (as defined in section 101(14) of such Act) shall be 
counted as time during which such employee has been employed for 
purposes of section 101(2)(A) of such Act.

SEC. 6. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.

    Section 111(d)(2) of the Aviation and Transportation Security Act 
(49 U.S.C. 44935 note) is amended to read as follows:
            ``(2) Exceptions.--
                    ``(A) Reemployment.--In carrying out the functions 
                authorized under paragraph (1), the Under Secretary 
                shall be subject to the provisions set forth in chapter 
                43 of title 38, United States Code.
                    ``(B) Leave.--The provisions of section 
                6382(a)(1)(A) and (B) of title 5, United States Code, 
                and subsection (d)(2) through (6) of such section, 
                shall apply to any individual appointed under paragraph 
                (1).''.
                                 <all>