HR 626 EHRFSCommentsClose CommentsPermalink

To provide that 4 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 2009’.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 ‘subparagraph (A), (B), (C), or’ and inserting ‘subparagraph (C) or’; 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) subject to paragraph (6), 4 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 subsection shall be considered to require 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).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 of Personnel Management--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the benefits provided to the Federal Government of offering increased paid parental leave, including enhanced recruitment and retention of employees;CommentsClose CommentsPermalink





‘(ii) the cost to the Federal Government of increasing the amount of paid parental leave that is available to employees;CommentsClose CommentsPermalink





‘(iii) trends in the private sector and in State and local governments with respect to offering paid parental leave;CommentsClose CommentsPermalink





‘(iv) the Federal Government’s role as a model employer;CommentsClose CommentsPermalink





‘(v) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children; andCommentsClose CommentsPermalink





‘(vi) such other factors as the Director considers necessary; andCommentsClose CommentsPermalink





‘(B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4), 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 amendment 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) of such Act 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 subparagraph (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) 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; 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 subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (2).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 amendment 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.

(a) Amendment to Family and Medical Leave Act of 1993- 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 subparagraph (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 subparagraph (A) is--CommentsClose CommentsPermalink





‘(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; 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 that an employee first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use the 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 the employer described in section 101(4)(A)(iv); andCommentsClose CommentsPermalink





‘(ii) if not used by the employee of such employer 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





(b) Effective Date- The amendment 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. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.

(a) Executive Branch Employees- For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under paragraph (1)(A) or (B) of section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to paragraph (2) of such section (as added by section 2), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.CommentsClose CommentsPermalink





(b) Congressional Employees- For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act) who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the Congressional Accountability Act), or to substitute such leave pursuant to subsection (d) of section 202 of such Act (as added by section 3), any service by such employee on active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act.CommentsClose CommentsPermalink





(c) GAO and Library of Congress Employees- For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993, or to substitute such leave pursuant to paragraph (3) of section 102(d) of such Act (as added by section 4), any service by such employee on active duty (as defined in section 101(14) of such Act) shall be counted as timeCommentsClose CommentsPermalink





during which such employee has been employed for purposes of section 101(2)(A) of such Act.CommentsClose CommentsPermalink

Passed the House of Representatives June 4, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

Clerk.CommentsClose CommentsPermalink