Bill Summary
This legislation, titled the "Federal Employee Paid Leave Act," aims to provide 12 weeks of paid leave to federal employees for various reasons, such as the birth or adoption of a child. The leave will be paid for by the federal government and will not be considered annual or vacation leave. Regulations may be put in place to increase the amount of paid leave available to employees up to a maximum of 16 weeks. This Act also includes provisions for paid leave for congressional employees, GAO employees, and certain TSA employees. Additionally, it clarifies that service in the National Guard or Reserves will count towards an employee's eligibility for leave.
Possible Impacts
1. Employees of the federal government who have recently given birth or had a child placed with them may be eligible to take up to 12 weeks of paid leave under this legislation. This could greatly benefit new parents by allowing them to take time off from work without having to worry about losing income.
2. Congressional employees may now also be eligible for paid leave for events such as the birth or adoption of a child. This could greatly benefit families that have a member working for Congress, as they would not have to choose between taking time off to care for their new child and maintaining their financial stability.
3. The legislation also allows for the possibility of increasing the amount of paid leave available to employees to a maximum of 16 administrative workweeks. This could greatly benefit employees who need more time off for events such as caring for a sick family member or dealing with their own medical issues.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1174 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1174
To provide that 12 weeks of leave made available to a Federal employee
shall be paid leave, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2019
Mr. Schatz (for himself, Mr. Brown, Mr. Van Hollen, and Mr. Merkley)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide that 12 weeks of leave made available to a Federal employee
shall be paid leave, and for other purposes.
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 Employee Paid Leave Act''.
SEC. 2. PAID LEAVE FOR FEDERAL EMPLOYEES COVERED BY TITLE 5.
(a) In General.--Section 6382 of title 5, United States Code, is
amended by striking subsections (c) and (d) and inserting the
following:
``(c)(1) Subject to paragraph (2), leave taken by an employee under
subsection (a) shall be paid leave.
``(2) The paid leave that is available to an employee for purposes
of paragraph (1) is--
``(A) 12 administrative workweeks of paid leave, in
connection with the birth, placement, or other event involved
for which leave may be taken under subsection (a), in the 12-
month period referred to in subsection (a); or
``(B) if regulations are promulgated under subsection (d),
the number of administrative workweeks specified in the
regulations.
``(3)(A) An employee may elect to substitute for any leave under
subsection (a)(3) any other paid leave which is available to such
employee for the purpose described in that subsection.
``(B) Subparagraph (A) shall not be construed to require that an
employee first use all or any portion of the other paid leave described
in such subparagraph before being allowed to use the paid leave
described in paragraph (1).
``(4) Paid leave described in paragraph (1)--
``(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 (referred to in subsection (a)) to which it
relates, shall not accumulate for any subsequent use.
``(5) The Director of the Office of Personnel Management shall
prescribe any regulations necessary to carry out this subsection,
including regulations specifying the manner in which an employee may
designate any day or other period as to which such employee wishes to
use paid leave described in paragraph (1) under subsection (a).
``(d) The Director of the Office of Personnel Management may
promulgate regulations to increase the amount of paid leave available
to an employee under subsection (a) to a total of not more than 16
administrative workweeks, based on the consideration of--
``(1) the benefits provided to the Federal Government of
increasing such leave, including enhanced recruitment and
retention of employees;
``(2) the cost to the Federal Government of increasing the
amount of such leave;
``(3) trends in the private sector and in State and local
governments with respect to offering an increased amount of
paid leave;
``(4) the Federal Government's role as a model employer;
``(5) the impact of increased paid leave under subsection
(a) on lower-income and economically disadvantaged employees
and their children; and
``(6) such other factors as the Director considers
necessary.''.
(b) Application.--The amendment made by this section shall not
apply with respect to any event that--
(1) is a birth, placement, or other event for which leave
may be taken under section 6382(a) of title 5, United States
Code; and
(2) occurs before the end of the 6-month period beginning
on the date of the enactment of this Act.
SEC. 3. PAID LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments 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) of such Act 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 Leave for Congressional Employees.--
``(1) In general.--Subject to paragraph (2), leave taken by
a covered employee under section 102(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)) shall be paid
leave.
``(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 leave, in
connection with the birth, placement, or other event
involved for which leave may be taken under section
6382(a) of title 5, United States Code, that
corresponds to the number of administrative workweeks
of paid leave available to Federal employees under
section 6382(a) of title 5, United States Code (taking
into account any increase under section 6382(d) of that
title); and
``(B) any additional paid vacation leave, personal
leave, family leave, or sick or medical leave provided
by the employing office to such employee.
``(3) Substitution.--
``(A) In general.--A covered employee may elect to
substitute for any leave under paragraph (3) of such
section 102(a) any other paid leave which is available
to such covered employee for the purpose described in
that paragraph. Section 102(d)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)) shall
not apply to covered employees.
``(B) Construction.--Subparagraph (A) shall not be
construed to require that a covered employee first use
all or any portion of the other paid leave described in
such subparagraph before being allowed to use the paid
leave described in paragraph (2)(A).
``(4) Additional rules.--Paid leave described in paragraph
(1)--
``(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 (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) Application.--The amendment made by this section shall not
apply with respect to any event that--
(1) is a birth, placement, or other event for which leave
may be taken under section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)); and
(2) occurs 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
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:
``(3) Special rule for gao employees.--
``(A) In general.--Subject to subparagraph (B), any
leave taken by an employee of the Government
Accountability Office under subsection (a) shall be
paid leave.
``(B) Amount of paid leave.--The paid leave that is
available to such an employee for purposes of
subparagraph (A) is--
``(i) the number of weeks of paid leave, in
connection with the birth, placement, or other
event involved for which leave may be taken
under section 6382(a) of title 5, United States
Code, that corresponds to the number of
administrative workweeks of paid leave
available to Federal employees under section
6382(a) of title 5, United States Code (taking
into account any increase under section 6382(d)
of that title); and
``(ii) any additional paid vacation leave,
personal leave, family leave, or sick or
medical leave provided by such employer to such
employee.
``(C) Substitution.--
``(i) In general.--An employee of the
Government Accountability Office may elect to
substitute for any leave under subsection
(a)(3) any other paid leave which is available
to such employee for the purpose described in
that subsection. Paragraph (2) shall not apply
to employees of the Government Accountability
Office.
``(ii) Construction.--Clause (i) shall not
be construed to require that an employee first
use all or any portion of the other paid leave
described in such clause before being allowed
to use the paid leave described in subparagraph
(B)(i).
``(D) Additional rules.--Paid leave described in
subparagraph (A)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the Government
Accountability Office; and
``(ii) if not used by the employee of such
employer before the end of the 12-month period
(referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any
subsequent use.''.
(b) Application.--The amendment made by this section shall not
apply with respect to any event that--
(1) is a birth, placement, or other event for which leave
may be taken under section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)); and
(2) occurs before the end of the 6-month period beginning
on the date of the enactment of this Act.
SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee described in section 6381(1)(A) of title 5,
United States Code, who is a member of the National Guard or Reserves
to take leave under section 6382(a) of such title, any service by such
employee on covered 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.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (meaning an employee defined as or
considered to be a covered employee under section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) who is a
member of the National Guard or Reserves to take leave under section
102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)) (pursuant to section 202(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(a)(1))), any service by such
covered employee on covered active duty (as defined in section 101(14)
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(14))) 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 of 1995 (2 U.S.C. 1312(a)(2)(B)).
(c) GAO Employees.--For purposes of determining the eligibility of
an employee of the Government Accountability Office who is a member of
the National Guard or Reserves to take leave under section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), any
service by such employee on covered active duty (as defined in section
101(14) of such Act (29 U.S.C. 2611(14))) shall be counted as time
during which such employee has been employed for purposes of section
101(2)(A) of such Act (29 U.S.C. 2611(2)(A)).
SEC. 6. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation Security Act
(49 U.S.C. 44935 note) is amended to read as follows:
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the functions
authorized under paragraph (1), the Under Secretary
shall be subject to the provisions set forth in chapter
43 of title 38, United States Code.
``(B) Leave.--The provisions of section 6382(a) of
title 5, United States Code, and subsections (c) and
(d) of such section shall apply to any individual
appointed under paragraph (1).''.
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