[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1534 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1534
To provide that 12 weeks of family leave made available to a Federal
employee shall be paid leave, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2019
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Norton, Ms.
Pingree, Mr. Cummings, Mr. Connolly, Ms. Bonamici, Mr. DeSaulnier, Mrs.
Beatty, Ms. Wexton, Mr. Hoyer, and Mr. Beyer) introduced the following
bill; which was referred to the Committee on Oversight and 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 12 weeks of family 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 Employee Paid Leave Act''.
SEC. 2. PAID FAMILY LEAVE FOR FEDERAL EMPLOYEES COVERED BY TITLE 5.
(a) In General.--Subsection (c) of section 6382 of title 5, United
States Code, is amended to read as follows:
``(c)(1) Leave granted under subsection (a) shall be paid leave.
``(2)(A) An employee may elect to substitute for any leave under
such subsection any other paid leave which is available to such
employee for that purpose.
``(B) Subparagraph (A) shall not be construed to require that an
employee first use all or any portion of the other paid leave described
in such subparagraph before being allowed to use leave under subsection
(a).
``(3) Leave under subsection (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.
``(4) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
leave available to an employee under subsection (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 increasing such leave, including enhanced
recruitment and retention of employees;
``(ii) the cost to the Federal Government of
increasing the amount of such leave that is available
to employees;
``(iii) trends in the private sector and in State
and local governments with respect to offering such
leave;
``(iv) the Federal Government's role as a model
employer;
``(v) the impact of increased leave under
subsection (a) 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 the manner in which an employee
may designate any day or other period as to which such employee
wishes to use leave under subsection (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 FAMILY 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) 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 Family Leave for Congressional
Employees.--
``(1) In general.--Any leave taken by a covered employee
under section 102(a)(1) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)) shall be paid leave.
``(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 family leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of
paid family 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) Substitution.--An employee may elect to substitute
for any leave under such section 102(a)(1) any other paid leave
which is available to such employee for that purpose. The
previous sentence shall not be construed to require that an
employee first use all or any portion of the other paid leave
before being allowed to use the paid family leave described in
this subsection.
``(4) Additional rules.--Paid family leave under this
subsection--
``(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) 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 employees.--
``(A) In general.--Any leave under subsection
(a)(1) taken by an employee of the Government
Accountability Office shall be paid leave.
``(B) Amount of paid leave.--The paid leave that is
available to such an employee for purposes of
subparagraph (A) is--
``(i) the number of weeks of paid family
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid family 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) Substitution.--An employee may elect to
substitute for any leave under subsection (a)(1) any
other paid leave which is available to such employee
for that purpose. The previous sentence shall not be
construed to require that an employee first use all or
any portion of the other paid leave before being
allowed to use the paid family leave described in this
subsection.
``(D) Additional rules.--Paid family leave under
subsection (a)(1)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the Government
Accountability Office; 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.''.
(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. 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 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 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 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)
of title 5, United States Code, and subsection (c) of
such section shall apply to any individual appointed
under paragraph (1).''.
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