[Congressional Record Volume 140, Number 131 (Monday, September 19, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4361) to amend title 5, United States Code, to provide that 
an employee of the Federal Government may use sick leave to attend to 
the medical needs of a family member; to modify the voluntary leave 
transfer program with respect to employees who are members of the same 
family; and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4361

       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 Family 
     Friendly Leave Act''.

     SEC. 2. USE OF SICK LEAVE FOR PURPOSES RELATING TO A FAMILY 
                   MEMBER.

       Section 6307 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) For the purpose of this subsection, the term 
     `family member' shall have such meaning as the Office of 
     Personnel Management shall by regulation prescribe, except 
     that such term shall include any individual who meets the 
     definition given that term, for purposes of the leave 
     transfer program under subchapter III, under regulations 
     prescribed by the Office (as in effect in January 1, 1994).
       ``(2) In addition to any other allowable purpose, sick 
     leave may be used by an employee--
       ``(A) to give care or otherwise attend to a family member 
     having an illness, injury, or other condition which, if an 
     employee had such condition, would justify the use of sick 
     leave by such an employee; or
       ``(B) for purposes relating to the death of a family 
     member, including to make arrangements for or attend the 
     funeral of such family member.
       ``(3)(A) This subsection shall be effective during the 3-
     year period that begins upon the expiration of the 2-month 
     period that begins on the date of the enactment of this 
     subsection.
       ``(B) Not later than 6 months before the date as of which 
     this subsection is scheduled to cease to be effective, the 
     Office shall submit a report to Congress in which it shall 
     evaluate the operation of this subsection and make 
     recommendations as to whether or not this subsection should 
     be continued beyond such date.''.

     SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY MEMBERS.

       (a) Authority.--
       (1) In general.--Subchapter III of chapter 63 of title 5, 
     United States Code, is amended by inserting after section 
     6337 the following:

     ``Sec. 6337a. Authority relating to transfers between family 
       members

       ``(a) The Office of Personnel Management shall modify the 
     program established by it under the other provisions of this 
     subchapter such that, in addition to any circumstance in 
     which a transfer of annual leave would be permitted under 
     those other provisions, such a transfer could also be made 
     in the absence of any medical emergency, but only if the 
     transfer is from an employee to a family member of the 
     employee.
       ``(b) The terms and conditions applicable with respect to 
     any transfer of leave under such other provisions of this 
     subchapter shall also apply with respect to any transfer of 
     leave under this section, except to the extent otherwise 
     provided in this section.
       ``(c)(1) An application to receive any transfer of leave 
     under this section shall, in addition to providing the 
     information specified in section 6333(a)(1)(B)(i), identify 
     the employee (complete with such evidence of relationship as 
     may be required) from whom the applicant wishes to receive 
     leave.
       ``(2) Subsections (a)(1)(B)(ii)-(iii), (a)(2), and (c) of 
     section 6333, and the exhaustion requirement under subsection 
     (b) of such section, shall not apply for purposes of this 
     section.
       ``(3) An employee shall not be eligible to receive a 
     transfer of leave under this section if or to the extent that 
     the leave transfer would cause the total amount of annual 
     leave available to such employee to exceed 240 hours.
       ``(d) In connection with applying section 6334 for purposes 
     of this section, the Office may by regulation require the 
     inclusion of such information, on any application to which 
     such section relates, as may be necessary to facilitate the 
     administration of this section.
       ``(e)(1) Sections 6335, 6336, and 6337 shall not apply for 
     purposes of this section, except to the extent required under 
     subsection (g)(2).
       ``(2)(A) For purposes of carrying out the provisions of law 
     cited in section 6335(b)(2) with respect to any employee to 
     whom a transfer of leave is made under this section in the 
     year in which the separation or other event (constituting the 
     basis for the lump-sum payment involved) occurs, the total 
     amount of leave based on which such payment is computed shall 
     be equal to the total amount which would otherwise apply, 
     reduced by the net amount of leave received by such employee 
     in such year under this section, but not below zero.
       ``(B) For the purpose of subparagraph (A), the net amount 
     of leave received under this section by an employee in a year 
     shall be equal to the amount by which--
       ``(i) the total amount of leave received under this section 
     by such employee in such year, exceeds
       ``(ii) the total amount of leave received under this 
     section from such employee by any other employee in such 
     year,

     if at all.
       ``(f) A determination under this section as to whether or 
     not an employee is a family member of another employee shall 
     be made using the definition under section 6307(d).
       ``(g) Nothing in this section shall be considered to permit 
     an employee to make a transfer of leave under this section to 
     any other employee if--
       ``(1) an application by or on behalf of such other employee 
     under section 6333 has been approved with respect to a 
     medical emergency; and
       ``(2) such medical emergency has not yet terminated (as 
     determined in accordance with section 6335).
       ``(h)(1) Transfers of leave under this section may be made 
     during the 3-year period which begins at the start of the 
     first year beginning at least 60 days after the date of the 
     enactment of this section. The beginning and ending dates of 
     such 3-year period shall be fixed by the Office, in a manner 
     consistent with section 6304, by regulation.
       ``(2) This section shall cease to be effective at the end 
     of the 3-year period described in paragraph (1).
       ``(3) Not later than 6 months before the date as of which 
     this section is scheduled to cease to be effective, the 
     Office shall submit a report to Congress in which it shall 
     evaluate the operation of this section and make 
     recommendations as to whether or not this section should be 
     continued beyond such date.''.
       (2) Table of sections.--The table of sections for chapter 
     63 of title 5, United States Code, is amended by inserting 
     after the item relating to section 6337 the following:

``6337a. Authority relating to transfers between family members.''.

       ``(b) Excepted Agencies.--Section 6339(c)(1) of title 5, 
     United States Code, is amended by striking ``emergency.'' and 
     inserting ``emergency, or to the extent such a transfer would 
     be allowable under section 6337a.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia [Ms. Norton] will be recognized for 20 
minutes, and the gentleman from New York [Mr. Gilman] will be 
recognized for 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia 
[Ms. Norton].
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Federal Employees Family Friendly Leave Act provides 
flexible leave policies that enable Federal employees to balance family 
needs and work responsibilities. The first part of my bill provides 
that Federal employees may use their sick leave to care for a sick 
family member, or for purposes relating to the death of a family 
member. The bill does not impose a limit on the number of days the 
employee may use to care for the family member. In addition, the 
definition of ``family member'' in the bill is the same definition 
already employed in the regulations implementing the leave-sharing 
program.
  The second part of my bill provides that Federal employees may donate 
and receive annual leave for any reason from family members who also 
work for the Federal Government. However, in order to be eligible to 
receive a transfer of annual leave, the leave transfer could not cause 
the total amount of annual leave available to such employee to exceed 
240 hours. In addition, employees would not be able to cash-out 
transferred leave upon leaving Government service.
  Both parts of the bill would be authorized for a 3-year period and, 
not later than 6 months before the legislation sunsets, the Office of 
Personnel Management [OPM] would submit a report to Congress evaluating 
the use of this authority and making recommendations as to whether or 
not it should be continued.
  Analysis of existing Federal Government leave policies establishes 
the need for this legislation. The report of the National Performance 
Review [NPR] states that ``family-friendly policies serve the needs of 
a diverse work force struggling to manage child care, elder care, 
family emergencies, and other personal responsibilities while at the 
same time remaining committed to professional development and 
advancement.'' The NPR went on to recommend that employees be permitted 
to use sick leave to care for dependents in order to advance these 
goals. The NPR report further states that the Bureau of Labor 
Statistics found that in the private sector, 36 percent of employees 
can use sick leave to care for a sick child. In addition, OPM found 
that 46 State governments, whose sick leave accrual policies are 
generally comparable to those of the Federal Government, allow use of 
sick leave for family illnesses.
  The General Accounting Office [GAO] conducted a study that found that 
several private sector employers allowed employees to use all or a 
portion of their paid sick leave to care for immediate family members 
who are ill. In fact, in some organizations, GAO found that no 
distinction was made between time off for an employee's illness and 
leave for family illnesses. Another GAO report that examined how 
Federal employees feel about the Government as a place to work found 
that approximately 30 percent of employees have either donated or 
received annual leave under the Government's existing leave-sharing 
program. In addition, this report found that approximately 27 percent 
of Federal employees have an immediate family member--spouse, parent, 
sibling, or child--who also works for the Federal Government. When 
these employees were asked whether, if they were permitted to, they 
would donate some part of their annual leave to a member of their 
family, more than 50 percent stated that they were either somewhat 
likely or very likely to do so.

  On July 11, 1994, President Clinton issued a memorandum to the heads 
of executive departments and agencies implementing the NPR 
recommendations and directing Federal agencies ``to establish a program 
to encourage and support the expansion of flexible family-friendly work 
arrangements.'' The memorandum provides that family-friendly 
arrangements are necessary to better enable the Federal Government to 
``recruit and retain a Federal work force that will provide the highest 
quality of service to the American people.''
  On May 11, 1994, OPM published proposed regulations to permit Federal 
employees to use up to 5 days of their accrued sick leave to care for a 
sick child, spouse, or parent and/or to arrange for or attend the 
funeral of a child, spouse, or parent. OPM's proposed regulations are 
not as far-reaching as my bill with respect to the use of sick leave to 
care for sick family members. The proposed regulation limits the number 
of days an employee may use to care for a sick family member, and 
defines family member more narrowly than my bill.
  At the subcommittee's hearing on H.R. 4361 on May 18, 1994, the 
subcommittee heard from OPM, GAO, organizations representing Federal 
employees, and Federally Employed Women. The Federal employee 
organizations, Federally Employed Women, and GAO all expressed their 
strong support for the legislation.
  Mr. Speaker, I urge adoption of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I rise in support of H.R. 4361, the Federal 
Employees Family Friendly Leave Act. This is humane legislation which 
supplements our Federal Government personnel policy by allowing Federal 
employees the ability to care and attend family members having an 
illness, injury or other condition through the utilization of the 
employee's own available leave. The legislation also provides for the 
ability of Federal employees to transfer and receive annual transfers 
from family members who also are in Federal service.
  Enactment of this measure furthers our efforts to create a workplace 
sympathetic to the needs of working families and recognizes the 
importance of helping working families meet the demands associated with 
the care and sustenance of the family. I congratulate the author of the 
bill, the gentlelady from the District of Columbia [Ms. Norton], the 
distinguished chairperson of the Subcommittee on Compensation and 
Employee Benefits of the Committee on Post Office and Civil Service for 
her work on this issue, and for proceeding promptly with enactment of 
this legislation. I note that CBO has estimated that enactment of H.R. 
4361 will not increase total Federal outlays. Accordingly, Mr. Speaker, 
I urge Expeditious adoption of this measure by the full House.

                              {time}  1330

  Mr. Speaker, I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Fields of Louisiana). The question is on 
the motion offered by the gentlewoman from the District of Columbia 
[Ms. Norton], that the House suspend the rules and pass the bill, H.R. 
4361, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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