HR 5718 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

April 8, 2008

Mrs. MALONEY of New York (for herself, Mr. DAVIS of Illinois, Mr. HOYER, Mr. GEORGE MILLER of California, Mr. TOM DAVIS of Virginia, Ms. WOOLSEY, Mr. BERMAN, Ms. DELAURO, Mr. ELLISON, Mr. FATTAH, Mr. FILNER, Mrs. GILLIBRAND, Mr. LEWIS of Georgia, Ms. MCCOLLUM of Minnesota, Mr. MORAN of Virginia, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. VAN HOLLEN, Mr. CUMMINGS, Mr. AL GREEN of Texas, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on House Administration and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Employees Paid Parental Leave Act of 2008'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by redesignating such subsection as subsection (d)(1);CommentsClose CommentsPermalink





(2) by striking `subparagraphs (A), (B), (C), and' and inserting `subparagraphs (C) and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) The paid leave that is available to an employee for purposes of paragraph (2) is--CommentsClose CommentsPermalink





`(A) 8 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; andCommentsClose CommentsPermalink





`(B) any annual or sick leave accrued or accumulated by such employee under subchapter I.CommentsClose CommentsPermalink





`(4) Nothing in this subchapter shall be considered to require--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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 such subparagraph.CommentsClose CommentsPermalink





`(5) Paid parental leave under paragraph (3)(A)--CommentsClose CommentsPermalink





`(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;CommentsClose CommentsPermalink





`(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) The Director of the Office 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).'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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.';CommentsClose CommentsPermalink





(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





`(d) Special Rule for Paid Parental Leave for Congressional Employees-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) AMOUNT OF PAID LEAVE- The paid leave that is available to a covered employee for purposes of paragraph (1) is--CommentsClose CommentsPermalink





`(A) 8 workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; andCommentsClose CommentsPermalink





`(B) any additional paid vacation or sick leave provided by the employing office to such employee.CommentsClose CommentsPermalink





`(3) LIMITATION- Nothing in this section shall be considered to require--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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 such paragraph.CommentsClose CommentsPermalink





`(4) ADDITIONAL RULES- Paid parental leave under paragraph (2)(A)--CommentsClose CommentsPermalink





`(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(3) SPECIAL RULE FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) 8 workweeks of paid parental leave under this clause in connection with the birth or placement involved; andCommentsClose CommentsPermalink





`(ii) any additional paid vacation or sick leave provided by such employer.CommentsClose CommentsPermalink





`(C) LIMITATION- Nothing in this paragraph shall be considered to require--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) ADDITIONAL RULES- Paid parental leave under subparagraph (B)(i)--CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the need to care for the spouse or a son, daughter, or parent of the employee having a serious health condition; orCommentsClose CommentsPermalink





(2) a serious health condition affecting the employee that renders such employee unable to perform the functions of the employee's position.CommentsClose CommentsPermalink





(c) Matters for Inclusion- The report shall include, at a minimum, the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) With respect to any plans or arrangements under which such benefits are currently provided to private or public sector employees in this country--CommentsClose CommentsPermalink





(A) the portion or percentage of wages typically replaced;CommentsClose CommentsPermalink





(B) how those benefits are generally funded, including in terms of the employer and employee shares;CommentsClose CommentsPermalink





(C) whether employee coverage is optional or automatic; andCommentsClose CommentsPermalink





(D) any waiting period or other conditions which may apply.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink