[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8541 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8541

 To help ensure that COVID-19 does not prevent disabled veterans from 
using the medical treatment leave to which such veterans are entitled, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2020

Mr. Kilmer (for himself, Mr. Fitzpatrick, and Mr. Connolly) introduced 
 the following bill; which was referred to the Committee on Oversight 
                               and Reform

_______________________________________________________________________

                                 A BILL


 
 To help ensure that COVID-19 does not prevent disabled veterans from 
using the medical treatment leave to which such veterans are entitled, 
                        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. DISABLED VETERAN LEAVE EXTENSION AND RESTORATION.

    (a) In General.--The period during which a covered employee is 
entitled to leave under section 6329(a) of title 5, United States Code, 
shall be the 24-month period beginning on the first day of employment 
of such employee.
    (b) Leave Forfeiture.--
            (1) In general.--Notwithstanding subsection (b)(2) of 
        section 6329 of title 5, United States Code, leave to which 
        subsection (a) applies shall be forfeited and may not be 
        carried over if such leave is not used during the 24-month 
        period described in such subsection.
            (2) Other forfeiture rule inapplicable.--Any leave credited 
        to a covered employee that has not been forfeited prior to the 
        date of the enactment of this Act by operation of section 
        6329(b)(2) of title 5, United States Code, shall not be 
        forfeited by operation of such section.
    (c) Previously Forfeited Leave Restored.--
            (1) In general.--Leave credited to a covered employee that 
        was forfeited by operation of section 6329(b)(2) of title 5, 
        United States Code, shall be made available to such employee in 
        accordance with paragraph (3) and to the extent it was so 
        forfeited if--
                    (A) such employee did not use such leave prior to 
                forfeiture because medical treatment from a Veterans 
                Affairs medical provider for the related disability was 
                not reasonably available due to COVID-19, as determined 
                by the Director of the Veterans Integrated Service 
                Network in which such employee resided on the date of 
                such forfeiture; and
                    (B) such employee would be entitled to leave under 
                section 6329(a) of title 5, United States Code, if the 
                date on which leave would be made available under this 
                paragraph was the first day of employment of such 
                employee.
            (2) Restored leave availability.--Leave made available to a 
        covered employee under paragraph (1) shall remain available to 
        such employee until the date that is 12 months after the date 
        on which such leave was forfeited by operation of section 
        6329(b)(2) of title 5, United States Code.
            (3) Application.--A covered employee that seeks leave to be 
        made available under paragraph (1) shall submit to the head of 
        the agency employing such employee a request, in such form and 
        manner as the Director of the Office of Personnel Management 
        may prescribe, for such leave.
            (4) Treatment of restored leave.--Except as provided in 
        this subsection, leave made available under this subsection 
        shall be treated in the same manner as leave credited to an 
        employee under section 6329 of title 5, United States Code.
    (d) Rule of Construction.--Subsection (a) shall not be construed as 
modifying or otherwise affecting the rights of any covered employee 
with respect to leave forfeited prior to the date of the enactment of 
this Act by operation of section 6329(b)(2) of title 5, United States 
Code.
    (e) Definitions.--In this Act:
            (1) Covered employee.--The term ``covered employee'' means 
        an employee described in section 6329(a) of title 5, United 
        States Code, whose first day of employment is during the 
        covered period.
            (2) Covered period.--The term ``covered period'' means the 
        period beginning on March 1, 2019, and ending on June 1, 2021.
            (3) Related disability.--The term ``related disability'' 
        means the disability for which a covered employee is entitled 
        to the leave referred to in subsection (a).
            (4) Veterans affairs medical provider.--The term ``Veterans 
        Affairs medical provider'' means any--
                    (A) medical facility of the Department of Veterans 
                Affairs that furnishes medical care or services; or
                    (B) non-Department of Veterans Affairs health care 
                provider who provides medical care or services to 
                veterans under the laws administered by the Secretary 
                of Veterans Affairs.
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