[House Report 110-624]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-624
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
FEDERAL EMPLOYEES PAID PARENTAL LEAVE ACT OF 2008
_______
May 8, 2008.--Ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 5781]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom was
referred the bill (H.R. 5781) to provide that 8 of the 12 weeks
of parental leave made available to a Federal employee shall be
paid leave, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Legislative History.............................................. 5
Section-By-Section............................................... 5
Explanation of Amendments........................................ 6
Committee Consideration.......................................... 6
Rollcall Votes................................................... 6
Application of Law to the Legislative Branch..................... 10
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 10
Statement of General Performance Goals and Objectives............ 10
Constitutional Authority Statement............................... 10
Federal Advisory Committee Act................................... 10
Unfunded Mandates Statement...................................... 10
Earmark Identification........................................... 11
Budget Authority and Congressional Budget Office Cost Estimate... 11
Changes in Existing Law Made by the Bill, as Reported............ 14
Exchange of Letters.............................................. 18
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental Leave
Act of 2008''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5,
United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraph (A), (B), (C), or'' and
inserting ``subparagraph (C) or''; and
(3) by adding at the end the following:
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes of
paragraph (2) is--
``(A) subject to paragraph (6), 4 administrative workweeks of
paid parental leave under this subparagraph in connection with
the birth or placement involved; and
``(B) any annual or sick leave accrued or accumulated by such
employee under subchapter I.
``(4) Nothing in this subchapter shall be considered to require--
``(A) that an employing agency provide paid sick leave in any
situation in which such employing agency would not normally be
required to provide such leave; or
``(B) that an employee first use all or any portion of the
leave described in subparagraph (B) of paragraph (3) before
being allowed to use the paid parental leave described in
subparagraph (A) of paragraph (3).
``(5) Paid parental leave under paragraph (3)(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.
``(6) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
paid parental leave available to an employee under paragraph
(3)(A), to a total of not more than 8 administrative workweeks,
based on the consideration of the following factors:
``(i) the benefits provided to the Federal government
of offering paid parental leave, including enhanced
recruitment and retention of employees;
``(ii) the cost to the Federal government of
increasing the amount of paid parental leave that is
available to employees;
``(iii) trends in the private sector and in State and
local governments with respect to offering paid
parental leave;
``(iv) the Federal government's role as a model
employer; and
``(v) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry out
this subsection, including, subject to paragraph (4)(B), the
manner in which an employee may designate any day or other
period as to which such employee wishes to use paid parental
leave described in paragraph (3)(A).''.
(b) Effective Date.--The amendments 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 PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment 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)(A) and (B) 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 Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee taking
leave without pay under subparagraphs (A) or (B) of section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) may elect to substitute for any such leave
any paid leave which is available to such employee for that
purpose.
``(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 parental leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of
paid parental 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) Limitation.--Nothing in this section shall be
considered to require--
``(A) that an employing office provide paid sick
leave in any situation in which such employing office
would not normally be required to provide such leave;
or
``(B) that a covered employee first use all or any
portion of the leave described in subparagraph (B) of
paragraph (2) before being allowed to use paid parental
leave described in subparagraph (A) of paragraph (2).
``(4) Additional rules.--Paid parental leave under paragraph
(2)(A)--
``(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 amendments 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
AND LIBRARY OF CONGRESS EMPLOYEES.
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 and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of an
employer described in section 101(4)(A)(iv) taking
leave under subparagraphs (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of paragraph (1)
is--
``(i) the number of weeks of paid parental
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid parental 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) Limitation.--Nothing in this paragraph shall be
considered to require--
``(i) that an employer described in section
101(4)(A)(iv) provide paid sick leave in any
situation in which such employer would not
normally be required to provide such leave; or
``(ii) that an employee of such an employer
first use all or any portion of the leave
described in clause (ii) of subparagraph (B)
before being allowed to use paid parental leave
described in clause (i) of such subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any appropriation
or fund available for salaries or expenses for
positions with employers described in section
101(4)(A)(iv); and
``(ii) if not used by the employee of such
employers 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.''.
SEC. 5. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Government Accountability Office shall study
and submit to Congress a written report on the feasibility and
desirability of providing an insurance benefit to Federal employees
which affords partial or total wage replacement with respect to periods
of qualified leave.
(b) Period of Qualified Leave.--For purposes of this section, the
term ``period of qualified leave'', as used with respect to a Federal
employee, means any period of leave under section 6382 of title 5,
United States Code, which would otherwise be leave without pay, and
which is available by reason of--
(1) the need to care for the spouse or a son, daughter, or
parent of the employee having a serious health condition; or
(2) a serious health condition affecting the employee that
renders such employee unable to perform the functions of the
employee's position.
(c) Matters for Inclusion.--The report shall include, at a minimum,
the following:
(1) A brief description of any plans or arrangements under
which similar benefits are currently provided to employees in
this country (within the private sector or State or local
government) or in other countries.
(2) With respect to any plans or arrangements under which
such benefits are currently provided to private or public
sector employees in this country--
(A) the portion or percentage of wages typically
replaced;
(B) how those benefits are generally funded,
including in terms of the employer and employee shares;
(C) whether employee coverage is optional or
automatic; and
(D) any waiting period or other conditions which may
apply.
(3) Identification and assessment of any plans or
arrangements described under the preceding provisions of this
subsection (or any aspects thereof) which might be particularly
relevant to designing the insurance benefit (described in
subsection (a)) for Federal employees, including how such
benefit might be coordinated with annual leave, sick leave, or
any other paid leave available to an employee for the purpose
involved.
Purpose and Summary
H.R. 5781, the ``Federal Employees Paid Parental Leave Act
of 2008,'' was introduced on April 14, 2008 by Reps. Carolyn B.
Maloney, Danny Davis, Tom Davis, George Miller, Steny Hoyer,
Howard Berman, Elijah Cummings, Rosa Delauro, Keith Ellison,
Chaka Fattah, Bob Filner, Kirsten Gillibrand, Al Green, Dennis
Kucinich, John Lewis, Betty McCollum, James Moran, John
Sarbanes, Janice Schakowsky, Jose Serrano, Chris Van Hollen and
Lynn Woolsey. The Federal Employees Paid Parental Leave Act
(FEPPLA) would amend section 6382 of title 5, U.S.C., the
Congressional Accountability Act (CAA), and the Family and
Medical Leave Act (FMLA), to provide 4 weeks of paid parental
leave to federal and congressional employees for the birth or
adoption of a child, out of the 12 weeks of unpaid leave that
are currently available to them under the Family and Medical
Leave Act.
Background and Need for Legislation
Under existing law, most federal and congressional
employees are entitled to a total of 12 workweeks of unpaid
leave during any 12-month period due to the birth or adoption
of a child. Federal employees must currently use accrued annual
or sick leave, if available, if they want to receive pay for
any of the time that they are out on parental leave. This
policy is particularly difficult for newer employees who have
not accrued much leave or employees who have used up their
leave. Many employees cannot afford to take unpaid leave, and
are forced to choose between spending more time with their new
child or maintaining an income to support their family.
H.R. 5781, as amended, will help families by providing four
weeks of paid parental leave to federal and congressional
employees. In addition to the four weeks, employees will also
be allowed to use any accrued annual or sick leave for parental
leave. Unlike current law, employees using their sick leave for
parental leave will not need to demonstrate a medical need for
the leave. The bill also authorizes the Office of Personnel
Management (OPM) to extend the parental leave period to up to
eight weeks. Enactment of this measure will ensure that the
federal government, as an employer, is providing the type of
benefits offered to government workers in other industrialized
countries. This family friendly measure will also have a
positive impact on the ability of the federal government to
attract and retain a highly qualified workforce.
Legislative History
H.R. 5781 was introduced on April 14, 2008, and referred to
the Committees on Oversight and Government Reform and House
Administration.
The Subcommittee on Federal Workforce, Postal Service, and
the District of Columbia considered H.R. 5781 on April 15,
2008, and approved the bill by voice vote. During Subcommittee
consideration an amendment offered by Chairman Waxman to
provide four weeks of paid parental leave, instead of the eight
weeks in the original bill, was adopted by voice vote.
The Committee considered H.R. 5781 on April 16, 2008, and
ordered H.R. 5781, to be reported, as amended by a rollcall
vote of 21-10.
Section-by-Section
Sec. 1. Short title
The short title of the bill is the Federal Employees Paid
Parental Leave Act of 2008.
Sec. 2. Paid parental leave under Title 5
This section amends section 6382 of title 5, U.S.C., to
provide paid parental leave to most federal employees.
Under this section, covered employees would be permitted to
substitute up to four workweeks of paid parental leave for any
of the unpaid leave currently available for the birth or
placement of a child. OPM would be allowed to promulgate
regulations to increase the amount of paid parental leave to
eight administrative workweeks. OPM would have to analyze the
benefits and costs to the federal government and trends in the
private sector, before doing so. Employees would also be
permitted to use any accrued sick leave for parental leave
without demonstrating medical necessity.
Sec. 3. Paid parental leave For Congressional employees
This section amends section 202 of the Congressional
Accountability Act to provide paid parental leave, as described
in section 2, to congressional employees.
Sec. 4. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees
This section amends the FMLA to make paid parental leave
benefits available to Government Accountability Office (GAO)
and Library of Congress employees who are not otherwise covered
by section 6382 of 5 U.S.C. and section 202 of the CAA.
Sec. 5. Study
This section directs the GAO to study and submit to
Congress a written report of the ``feasibility and
desirability'' of offering an insurance benefit to federal
employees (not to include parental leave) that would provide
wage replacement during periods related to a serious health
conditions.
Explanation of Amendments
Two amendments were offered during the Committee's
consideration of the bill. The first, offered by Rep. Issa,
would have declared it the sense of Congress that any funding
for parental leave should be payable from an agency's existing
appropriation. It was defeated on a rollcall vote 17 to 11. The
second amendment, also offered by Rep. Issa, would have
eliminated the provision to allow four administrative workweeks
of paid leave following the birth or adoption of a child. It
was defeated on a rollcall vote 20 to10.
Committee Consideration
On Wednesday, April 16, 2008, the Committee met in open
session and favorably ordered H.R. 5781, as amended, to be
reported to the House by a rollcall vote.
Rollcall Votes
H.R. 5781 was reported favorably by the Committee on
Oversight and Government Reform on a rollcall vote of 21-10.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations.
Sections 3 and 4 of H.R. 5781 would apply to congressional
and legislative branch employees by providing paid parental
leave to the aforementioned employees. Further, section 5 of
H.R 5781 would require that GAO submit a report to Congress
analyzing the ``feasibility and desirability'' of offering an
insurance benefit to federal employees that would provide wage
replacement during periods related to serious health
conditions.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report, including the need to provide federal and
congressional employees with paid parental leave for the birth
or adoption of a child.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including requiring executive and legislative
branch agencies to provide employees with paid parental leave
for the birth or adoption of a child.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 5781. Article I, section 8, clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 5781 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 5781. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5781 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 5, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: As you requested, the Congressional
Budget Office has prepared the enclosed cost estimate for H.R.
5781, the Federal Employees Paid Parental Leave Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Barry Blom.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure
H.R. 5781--Federal Employees Paid Parental Leave Act of 2008
Summary: H.R. 5781 would amend title 5 of the United States
Code, the Congressional Accountability Act, and the Family and
Medical Leave Act of 1993 (FMLA) by creating a new category of
leave under FMLA. This new category would provide four weeks of
paid leave to federal employees following the birth, adoption,
or fostering of a child. In addition, the legislation would
permit the Office of Personnel Management (OPM) to increase the
amount of paid leave provided to a total of eight weeks, based
on the consideration of several factors such as the cost to the
federal government and enhanced recruitment and retention of
employees.
Under current law, federal employees who have completed at
least 12 months of service are entitled to up to 12 weeks of
leave without pay after the birth, adoption, or fostering of a
child. Upon return from such FMLA leave, an employee must be
returned to the same position or to an ``equivalent position
with equivalent benefits, pay, status, and other terms and
conditions of employment.'' Employees may get paid during that
12-week period if they use annual or sick leave that they have
accrued. The leave provided by this bill would be available
only within the 12-week FMLA leave period.
CBO estimates that implementing H.R. 5781 would cost $60
million in 2009, $190 million in 2010, and a total of $850
million over the 2009-2013 period, subject to the appropriation
of the necessary funds. Enacting H.R. 5781 would not affect
direct spending or receipts.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5781 is shown in the following table.
The costs of this legislation would fall in all budget
functions (except functions 900 and 950).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
--------------------------------------------
2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 60 190 195 200 205
Estimated Outlays.................................................. 55 190 195 200 205
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
5781 will be enacted by October 1, 2008, and that the necessary
amounts for implementing it will be appropriated each year.
Under the legislation, the new category of leave would become
available six months after enactment (that is, around April
2009). As a result, the cost of the legislation in 2009
reflects implementation for only half of the year. After 2009,
CBO has included in its estimate a 50 percent probability that
OPM will use its authority to increase the amount of paid leave
available from four weeks to eight weeks. Costs in future years
are projected to grow with inflation.
CBO assumes that the potential users of the new leave would
be primarily the nearly 690,000 civilian employees who are
between the ages of 20 and 44 and have been employed at least
12 months. (This figure excludes employees of the Postal
Service because H.R. 5781 amends title 5 of the United States
Code, which does not apply to them.)
Estimating an adoption rate based on data from the
Department of Health and Human Services and applying birth rate
information for the relevant age cohorts from the National
Center on Health Statistics to the roughly 305,000 women
eligible for the new leave yields about 17,700 women who might
give birth or adopt in a given year. Based on average salary
information for 2008 from OPM, CBO estimates that four weeks of
paid leave--the maximum amount guaranteed by the bill--for
female employees would cost between $2,600 (for those in the
youngest age cohort) and $5,100 (for those in the 40-44 age
cohort).
Assuming that nearly all of those women took the maximum
amount of leave, CBO estimates the value of the leave to be
about $70 million in the first year (if it were available for
the entire 12-month period).
Applying those same calculations to the 380,000 men in the
affected age groups, CBO estimates that roughly 23,000 men
would be eligible for the four weeks of paid leave, at an
average cost of between $2,800 and $5,800 per employee.
Assuming that eligible men would take the leave on average at
about one-half the rate of women, CBO estimates that men would
use another $50 million worth of leave in the first year (if it
were available for the entire 12-month period), bringing the
total to $120 million in the first year.
Since CBO assumes that the new leave would not be available
until half-way through fiscal year 2009, the estimated cost of
leave taken in the first year totals $60 million. Beyond 2009,
CBO assumes a full year of availability and has included a 50
percent probability that OPM will increase the amount of paid
leave available to employees. As a result, anticipated costs
increase to $190 million in 2010. (The 2010 costs would be $125
million if the benefit were kept at a maximum of four weeks.)
The effects of this bill on the budget derive from the
provision of a new form of paid leave. To the extent that such
a new benefit enables people to take advantage of paid leave
rather than taking leave without pay, the costs are clear.
However, employees who would currently use annual or sick leave
upon the birth, adoption, or fostering of a child might choose
to use this new form of paid leave and save their accrued leave
for a later date. CBO has no basis for estimating the magnitude
of such substitution, but the deferral of annual and sick leave
also represents a cost either in terms of increased
availability of paid leave or cash payments upon separation.
In addition, providing a more generous benefit to employees
may enhance the federal government's ability to retain
employees after the birth or adoption of a child and thereby
lower recruitment and training costs. CBO estimates that such
potential savings are likely to be relatively small over the
next five years.
Finally, the legislation would require the Government
Accountability Office to prepare a report within one year of
enactment on the feasibility and desirability of providing an
insurance benefit to federal employees that provides partial or
total wage replacement for periods of family leave. Based on
the cost of similar reports, CBO estimates that preparing and
distributing the report would cost about $500,000 over the
2008-2009 period.
Intergovernmental and private-sector impact: H.R. 5781
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Barry Blom; Impact on
state, local, and tribal governments: Elizabeth Cove; Impact on
private Sector: Paige Piper / Bach.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART E--ATTENDANCE AND LEAVE
* * * * * * *
CHAPTER 63--LEAVE
* * * * * * *
SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
* * * * * * *
Sec. 6382. Leave requirement
(a) * * *
* * * * * * *
(d)(1) An employee may elect to substitute for leave under
[subparagraph (A), (B), (C), or] subparagraph (C) or (D) of
subsection (a)(1) any of the employee's accrued or accumulated
annual or sick leave under subchapter I for any part of the 12-
week period of leave under such subsection, except that nothing
in this subchapter shall require an employing agency to provide
paid sick leave in any situation in which such employing agency
would not normally provide any such paid leave. An employee may
elect to substitute for leave under subsection (a)(3) any of
the employee's accrued or accumulated annual or sick leave
under subchapter I for any part of the 26-week period of leave
under such subsection.
(2) An employee may elect to substitute for any leave without
pay under subparagraph (A) or (B) of subsection (a)(1) any paid
leave which is available to such employee for that purpose.
(3) The paid leave that is available to an employee for
purposes of paragraph (2) is--
(A) subject to paragraph (6), 4 administrative
workweeks of paid parental leave under this
subparagraph in connection with the birth or placement
involved; and
(B) any annual or sick leave accrued or accumulated
by such employee under subchapter I.
(4) Nothing in this subchapter shall be considered to
require--
(A) that an employing agency provide paid sick leave
in any situation in which such employing agency would
not normally be required to provide such leave; or
(B) that an employee first use all or any portion of
the leave described in subparagraph (B) of paragraph
(3) before being allowed to use the paid parental leave
described in subparagraph (A) of paragraph (3).
(5) Paid parental leave under paragraph (3)(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.
(6) The Director of the Office of Personnel Management--
(A) may promulgate regulations to increase the amount
of paid parental leave available to an employee under
paragraph (3)(A), to a total of not more than 8
administrative workweeks, based on the consideration of
the following factors:
(i) the benefits provided to the Federal
government of offering paid parental leave,
including enhanced recruitment and retention of
employees;
(ii) the cost to the Federal government of
increasing the amount of paid parental leave
that is available to employees;
(iii) trends in the private sector and in
State and local governments with respect to
offering paid parental leave;
(iv) the Federal government's role as a model
employer; and
(v) such other factors as the Director
considers necessary; and
(B) shall prescribe any regulations necessary to
carry out this subsection, including, subject to
paragraph (4)(B), the manner in which an employee may
designate any day or other period as to which such
employee wishes to use paid parental leave described in
paragraph (3)(A).
* * * * * * *
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CONGRESSIONAL ACCOUNTABILITY ACT OF 1995
* * * * * * *
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR
STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION
* * * * * * *
SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT
OF 1993.
(a) Family and Medical Leave Rights and Protections
Provided.--
(1) In general.--The rights and protections
established by sections 101 through 105 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611 through
2615) shall apply to covered employees. In applying
section 102(a)(1)(A) and (B) to covered employees,
subsection (d) shall apply.
* * * * * * *
(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraphs (A) or (B)
of section 102(a)(1) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to
substitute for any such leave any paid leave which is
available to such employee for that purpose.
(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 parental
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid parental 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) Limitation.--Nothing in this section shall be
considered to require--
(A) that an employing office provide paid
sick leave in any situation in which such
employing office would not normally be required
to provide such leave; or
(B) that a covered employee first use all or
any portion of the leave described in
subparagraph (B) of paragraph (2) before being
allowed to use paid parental leave described in
subparagraph (A) of paragraph (2).
(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
(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.
[(d)] (e) Regulations.--
(1) * * *
* * * * * * *
[(e)] (f) Effective Date.--
(1) * * *
* * * * * * *
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FAMILY AND MEDICAL LEAVE ACT OF 1993
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
* * * * * * *
SEC. 102. LEAVE REQUIREMENT.
(a) * * *
* * * * * * *
(d) Relationship to Paid Leave.--
(1) * * *
* * * * * * *
(3) Special rule for gao and library of congress
employees.--
(A) Substitution of paid leave.--An employee
of an employer described in section
101(4)(A)(iv) taking leave under subparagraphs
(A) or (B) of subsection (a)(1) may elect to
substitute for any such leave any paid leave
which is available to such employee for that
purpose.
(B) Amount of paid leave.--The paid leave
that is available to an employee of an employer
described in section 101(4)(A)(iv) for purposes
of paragraph (1) is--
(i) the number of weeks of paid
parental leave in connection with the
birth or placement involved that
correspond to the number of
administrative workweeks of paid
parental 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) Limitation.--Nothing in this paragraph
shall be considered to require--
(i) that an employer described in
section 101(4)(A)(iv) provide paid sick
leave in any situation in which such
employer would not normally be required
to provide such leave; or
(ii) that an employee of such an
employer first use all or any portion
of the leave described in clause (ii)
of subparagraph (B) before being
allowed to use paid parental leave
described in clause (i) of such
subparagraph.
(D) Additional rules.--Paid parental leave
under subparagraph (B)(i)--
(i) shall be payable from any
appropriation or fund available for
salaries or expenses for positions with
employers described in section
101(4)(A)(iv); and
(ii) if not used by the employee of
such employers 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.
* * * * * * *