[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1158

To provide paid family and medical leave to Federal employees, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

    Mr. Schatz (for himself, Mr. Van Hollen, Mr. Menendez, and Ms. 
  Duckworth) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide paid family and medical leave to Federal employees, 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 ``Comprehensive Paid Leave for Federal 
Employees Act''.

SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL EMPLOYEES COVERED BY 
              TITLE 5.

    Chapter 63 of title 5, United States Code, is amended--
            (1) in section 6381, by amending paragraph (1)(B) to read 
        as follows:
                    ``(B) has completed at least 12 months of service--
                            ``(i) as an employee covered by 
                        subparagraph (A), or with the United States 
                        Postal Service, the Postal Regulatory 
                        Commission, or a nonappropriated fund 
                        instrumentality as described in section 
                        2105(c); or
                            ``(ii) on covered active duty as a member 
                        of the National Guard or Reserves that 
                        interrupts service described in clause (i);''; 
                        and
            (2) in section 6382--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``12 
                                administrative workweeks of leave'' and 
                                inserting ``12 administrative workweeks 
                                of leave plus, if applicable, any 
                                additional period of leave used under 
                                subsection (d)(2)(B)(ii)''; and
                                    (II) in subparagraph (B), by 
                                inserting ``and in order to care for 
                                such son or daughter'' before the 
                                period;
                            (ii) by amending paragraph (2) to read as 
                        follows:
    ``(2)(A) The entitlement to leave under subparagraph (A) or (B) of 
paragraph (1) shall commence on the date of the birth or placement of a 
son or daughter and shall expire at the end of the 12-month period 
beginning on the date of such birth or placement.
    ``(B) Notwithstanding subparagraph (A), the entitlement to leave 
under paragraph (1)(B) in connection with adoption may commence prior 
to the placement of the son or daughter to be adopted, for activities 
necessary to allow the adoption to proceed.''; and
                            (iii) in paragraph (4)--
                                    (I) by striking ``Subject to 
                                subsection (d)(2), during'' and 
                                inserting ``During''; and
                                    (II) by inserting ``(or 26 
                                administrative workweeks of leave plus, 
                                if applicable, any additional period of 
                                leave used under subsection 
                                (d)(2)(B)(ii))'' after ``26 
                                administrative workweeks of leave''; 
                                and
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking the first 
                        sentence; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``subparagraph (A) or (B)'' 
                                and inserting ``any of subparagraphs 
                                (A) through (E)'';
                                    (II) by striking ``parental'' each 
                                place it appears and inserting ``family 
                                and medical'';
                                    (III) in subparagraph (B)(i), by 
                                striking ``birth or placement 
                                involved'' and inserting ``event giving 
                                rise to such leave'';
                                    (IV) by amending subparagraph (E) 
                                to read as follows:
    ``(E) Nothing in this paragraph shall be construed to modify the 
service requirement in section 6381(1)(B).'';
                                    (V) in subparagraph (F)(i)--
                                            (aa) by striking ``An 
                                        employee'' and inserting ``With 
                                        respect to leave described 
                                        under subparagraph (A) or (B) 
                                        of subsection (a)(1), an 
                                        employee''; and
                                            (bb) by striking ``a period 
                                        of 12 weeks'' and inserting ``a 
                                        period equal to the period of 
                                        leave taken under subparagraph 
                                        (B)(i)''; and
                                    (VI) by adding at the end the 
                                following:
    ``(H) Notwithstanding subparagraph (B)(i), with respect to any 
employee who received paid leave (for a purpose described in subsection 
(a)(1) and for an event giving rise to such leave) under any other 
provision of law, and who becomes subject to this section during the 
period of eligibility for paid leave under this section with respect to 
such event, any paid leave for such event provided by this section 
shall be reduced by the total number of days of paid leave taken by 
such employee under such other provision of law.''.

SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY 
              ACT OF 1995.

    Section 202 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1312) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the second sentence, by striking 
                        ``subsection (a)(1)(A) or (B)'' and inserting 
                        ``any of subparagraphs (A) through (E) of 
                        subsection (a)(1)''; and
                            (ii) by striking the third sentence and 
                        inserting the following: ``For purposes of 
                        applying section 102 of such Act, in the case 
                        of leave that includes leave under any of 
                        subparagraphs (A) through (E) of subsection 
                        (a)(1) of that section, the covered employee 
                        shall be entitled to 12 workweeks of leave 
                        plus, if applicable, any additional period of 
                        leave used under subsection (d)(2)(B). For 
                        purposes of applying section 102(a)(4) of such 
                        Act, a covered employee is entitled, under 
                        paragraphs (1) and (3) of section 102(a) of 
                        such Act, to a combined total of 26 workweeks 
                        of leave plus, if applicable, any additional 
                        period of leave used under subsection (d)(2)(B) 
                        of this section.''; and
                    (B) in paragraph (2), in the last sentence, by 
                striking ``subparagraph (A) or (B)'' and inserting 
                ``any of subparagraphs (A) through (E)''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``Parental Leave'' and inserting ``Family and Medical 
                Leave'';
                    (B) in paragraph (1), by striking ``subparagraph 
                (A) or (B)'' and inserting ``any of subparagraphs (A) 
                through (E)'';
                    (C) by striking ``parental'' each place it appears 
                and inserting ``family and medical''; and
                    (D) in paragraph (2)(A), by striking ``birth or 
                placement involved'' and inserting ``event giving rise 
                to such leave''.

SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, AND POSTAL REGULATORY 
              COMMISSION EMPLOYEES.

    The Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is 
amended--
            (1) in section 101(2)(E)--
                    (A) in the subparagraph heading, by inserting ``, 
                usps, and postal regulatory commission'' after ``GAO'';
                    (B) by inserting ``, the United States Postal 
                Service, or the Postal Regulatory Commission'' after 
                ``Government Accountability Office''; and
                    (C) by striking ``section 102(a)(1)(A) or (B)'' and 
                inserting ``any of subparagraphs (A) through (E) of 
                section 102(a)(1)'';
            (2) in section 102(a)--
                    (A) in paragraph (1)(B), by inserting ``and in 
                order to care for such son or daughter'' before the 
                period;
                    (B) in paragraph (4), by striking ``subsection 
                (d)(3)'' and inserting ``subsection (d)''; and
                    (C) by adding at the end the following:
            ``(6) Special rules on period of leave.--With respect to an 
        employee of the Government Accountability Office, the Library 
        of Congress, the United States Postal Service, or the Postal 
        Regulatory Commission, for purposes of applying this section as 
        described in paragraph (3) or (4) of subsection (d)--
                    ``(A) in the case of leave that includes leave 
                under any of subparagraphs (A) through (E) of paragraph 
                (1), the employee shall be entitled to 12 workweeks of 
                leave plus, if applicable, any additional period of 
                leave used under subsection (d)(3)(B)(ii) of this 
                section or section 202(d)(2)(B) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as 
                the case may be; and
                    ``(B) for the purposes of paragraph (4), the 
                employee is entitled, under paragraphs (1) and (3), to 
                a combined total of 26 workweeks of leave plus, if 
                applicable, any additional period of leave used under 
                subsection (d)(3)(B)(ii) of this section or section 
                202(d)(2)(B) of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''; 
                and
            (3) in section 102(d)(3)--
                    (A) in the paragraph heading, by inserting ``, 
                USPS, and postal regulatory commission'' after ``GAO'';
                    (B) by striking ``the Government Accountability 
                Office'' each place it appears and inserting ``the 
                Government Accountability Office, the United States 
                Postal Service, or the Postal Regulatory Commission'';
                    (C) by striking ``parental'' each place it appears 
                and inserting ``family and medical'';
                    (D) in subparagraph (A), by striking ``subparagraph 
                (A) or (B)'' and inserting ``any of subparagraphs (A) 
                through (E)''; and
                    (E) in subparagraph (B)(i), by striking ``birth or 
                placement involved'' and inserting ``event giving rise 
                to such leave''.

SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE PRESIDENT.

    Section 412 of title 3, United States Code, is amended--
            (1) in subsection (a)(3), by striking ``subparagraph (A) or 
        (B)'' and inserting ``any of subparagraphs (A) through (E)''; 
        and
            (2) in subsection (c), by striking ``subparagraph (A) or 
        (B)'' each place it appears and inserting ``any of 
        subparagraphs (A) through (E)''.

SEC. 6. FAA AND TSA EMPLOYEES.

    Section 40122(g)(5) of title 49, United States Code, is amended--
            (1) in the paragraph heading, by striking ``parental'' and 
        inserting ``family and medical''; and
            (2) by striking ``parental'' each place it appears and 
        inserting ``family and medical''.

SEC. 7. TITLE 38 EMPLOYEES.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of Veterans Affairs shall modify the family and medical leave 
program provided by operation of section 7425(c) of title 38, United 
States Code, to conform with this Act and the amendments made by this 
Act, including the amendments made to subchapter V of chapter 63 of 
title 5, United States Code.

SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC 
              DEFENDER SERVICE.

    (a) District of Columbia Courts.--Section 11-1726(d), District of 
Columbia Official Code, is amended to read as follows:
    ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the 
District of Columbia courts, the Joint Committee shall, notwithstanding 
any provision of such Act, establish a paid family and medical leave 
program for the leave described in subparagraphs (A) through (E) of 
section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)).
    ``(2) In developing the terms and conditions of the paid family and 
medical leave program under paragraph (1), the Joint Committee may be 
guided by the terms and conditions applicable to the provision of paid 
family and medical leave for employees of the Federal Government under 
chapter 63 of title 5, United States Code, and any corresponding 
regulations.''.
    (b) District of Columbia Public Defender Service.--Section 305(d) 
of the District of Columbia Court Reform and Criminal Procedure Act of 
1970 (sec. 2-1605(d), D.C. Official Code) is amended to read as 
follows:
    ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 et seq.) with respect to employees of the Service, the 
Director shall, notwithstanding any provision of such Act, establish a 
paid family and medical leave program for the leave described in 
subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 
U.S.C. 2612(a)(1)).
    ``(2) In developing the terms and conditions of the paid family and 
medical leave program under paragraph (1), the Director may be guided 
by the terms and conditions applicable to the provision of paid family 
and medical leave for employees of the Federal Government under chapter 
63 of title 5, United States Code, and any corresponding 
regulations.''.
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