[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5980-S5981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. HIRONO (for herself, Mr. Brown, Mrs. Murray, Mr. Sanders, 
        Ms. Duckworth, Mr. Schatz, Mr. Cardin, and Ms. Warren):
  S. 4777. A bill to restore leave lost by Federal employees during 
certain public health emergencies, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Ms. HIRONO. Mr. President, today I rise to introduce a bill that 
provides fairness to our Federal employees who work day in and day out 
to help the government function and serve the public. The importance of 
their role has become even more apparent as our Nation continues to 
suffer in the midst of a global pandemic.
  In a normal year, the average Federal employee can accumulate up to 
240 hours, or 30 days, of annual leave. At the end of the year, if a 
Federal employee has more than 240 hours, they either have to use the 
amount of leave over 240 hours or lose it. These excess hours are 
commonly known as ``use or lose'' leave.
  But these are not normal times. We are in the middle of a global 
pandemic and we have a President who lies about how dangerous this 
virus is and does little to address the severity of it. We see the 
results, nearly seven million people in the United States have 
contracted COVID-19 and more than 200,000 have died. The United States 
now has the unenviable distinction of being the Nation with the most 
COVID-19 cases and the most deaths.

[[Page S5981]]

  Through all of this, people continue to go to work and try to carry 
out their duties the best they can. In the Federal Government, there 
are National Institutes of Health researchers, Internal Revenue Service 
workers, Social Security staff, law enforcement officers, and others, 
working each day to provide government services to the American public. 
Some are not able to take leave because their job is a critical part of 
the response to the pandemic. Others are simply unable to take leave 
because they are limiting their exposure to the virus or are following 
state and local rules to prevent the spread of COVID-19.
  To try and address this issue, on August 10, the Office of Personnel 
Management published an interim rule that recognizes the COVID-19 
pandemic as an ``exigency of the public business'' and allows some 
federal employees to carry over use or lose leave. However, this policy 
is limited to employees who are designated as essential by their 
agency.
  This contrasts with the Department of Defense which issued a memo on 
April 16, allowing all active-duty service members to accrue leave in 
excess of their 60-day limitation, regardless of job responsibilities 
or duty station. All Federal employees contribute to their agency's 
mission, regardless of the job they hold. No one should lose earned 
annual leave due to this pandemic.
  To resolve this inequity, I am introducing the Federal Worker Leave 
Fairness Act which will allow all Federal employees to carry over 
annual leave above the 240 hour cap, regardless of whether they are 
considered essential. My bill also resolves this issue for future 
pandemics declared a national public health emergency by allowing ``use 
or lose'' leave to be rolled over during the emergency declaration.
  This legislation is being introduced in the House by Representatives 
Derek Kilmer and Jennifer Wexton and is supported by the National 
Treasury Employees Union; American Federation of Government Employees; 
Federal Law Enforcement Officers Association; International Federation 
of Professional and Technical Engineers; National Federation of Federal 
Employees; Federal Managers Association; FAA Managers Association; 
National Active and Retired Federal Employees Association; and the 
American Federation of State, County and Municipal Employees.
  This bill is a small act of fairness in an otherwise stressful and 
overwhelming year. I urge my colleagues to support this bill in 
recognition of our hardworking federal workforce.
  I yield the floor.

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