What This Bill Does
This bill requires the federal government to give paid family and medical leave to federal employees. The bill changes existing leave rules to expand what counts as qualifying reasons for leave and increases the amount of paid leave available to certain federal workers.
##
Who It Affects
Federal employees covered under Title 5 of United States Code, including employees of the U.S. Postal Service and Postal Regulatory Commission. Congressional employees covered by the Congressional Accountability Act of 1995. Employees of the Government Accountability Office, Library of Congress, U.S. Postal Service and Postal Regulatory Commission. Employees of the Executive Office of the President. Federal Aviation Administration and Transportation Security Administration employees. Veterans Affairs employees. Non-judicial employees of District of Columbia courts. Employees of the District of Columbia Public Defender Service.
##
Key Provisions
- Federal employees must complete at least 12 months of service before qualifying for paid family and medical leave, including service with the National Guard or Reserves that interrupts regular federal employment (Sec. 2)
- Employees are entitled to 12 administrative workweeks of paid leave for family and medical reasons and can use additional leave under specified conditions (Sec. 2)
- The 12-week entitlement begins at the time of birth or placement of a child and expires at the end of the 12-month period starting from that date (Sec. 2)
- For adoption, employees may begin using leave before the child is placed to complete activities necessary for the adoption to proceed (Sec. 2)
- Leave entitlements may be reduced by the total number of days of paid leave already taken by an employee under other laws for the same event (Sec. 2)
- The Secretary of Veterans Affairs must modify the family and medical leave program for Veterans Affairs employees within 30 days of the law passing to match the requirements of this bill (Sec. 7)
- The Joint Committee for District of Columbia courts and the Director of the District of Columbia Public Defender Service must establish paid family and medical leave programs for covered employees (Sec. 8)
##
What Changes
The bill expands the definition of qualifying reasons for leave from just birth or placement of children to include additional family and medical situations. Employees can now use leave for reasons described as subparagraphs (A) through (E) rather than the previous limit of (A) or (B) only. The bill removes restrictions on when adoption leave can be used, allowing it to begin before the child is placed. The bill applies these new family and medical leave rules to multiple categories of federal workers who previously had different or limited leave options.
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Important Definitions
"Administrative workweeks" - Not defined in bill text. "Employee" - As defined in section 2105 of United States Code, including service with the U.S. Postal Service, Postal Regulatory Commission and non-appropriated fund instrumentality as described in section 2105(c). "Covered active duty" - Service as a member of the National Guard or Reserves that interrupts regular federal employment service.
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II
118TH CONGRESS
1ST SESSION
S. 274
To provide paid family and medical leave to Federal employees, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. SCHATZ (for himself, Ms. WARREN, Mrs. GILLIBRAND, Mr. LUJA´N, Mr.
BROWN, Ms. DUCKWORTH, Mr. CARDIN, Mr. PADILLA, Mr. HEINRICH,
Mr. VAN HOLLEN, and Mr. SANDERS) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
A BILL
To provide paid family and medical leave to Federal
employees, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Comprehensive Paid
4
Leave for Federal Employees Act’’.
5
SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL
6
EMPLOYEES COVERED BY TITLE 5.
7
Chapter 63 of title 5, United States Code, is amend-
8
ed—
9
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•S 274 IS
(1) in section 6381, by amending paragraph
1
(1)(B) to read as follows:
2
‘‘(B) has completed at least 12 months of
3
service—
4
‘‘(i) as an employee (as defined in sec-
5
tion 2105) of the Government of the
6
United States, including service with the
7
United States Postal Service, the Postal
8
Regulatory
Commission,
and
a
non-
9
appropriated fund instrumentality as de-
10
scribed in section 2105(c); or
11
‘‘(ii) on covered active duty as a mem-
12
ber of the National Guard or Reserves that
13
interrupts service described in clause (i);’’;
14
and
15
(2) in section 6382—
16
(A) in subsection (a)—
17
(i) in paragraph (1)—
18
(I) in the matter preceding sub-
19
paragraph (A), by striking ‘‘12 ad-
20
ministrative workweeks of leave’’ and
21
inserting ‘‘12 administrative work
22
weeks of leave plus any additional pe-
23
riod of leave used under subsection
24
(d)(2)(B)(ii)’’; and
25
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•S 274 IS
(II) in subparagraph (B), by in-
1
serting ‘‘and in order to care for such
2
son or daughter’’ before the period;
3
(ii) by amending paragraph (2) to
4
read as follows:
5
‘‘(2)(A) The entitlement to leave under sub-
6
paragraph (A) or (B) of paragraph (1) shall com-
7
mence at time of birth or placement of a son or
8
daughter and shall expire at the end of the 12-
9
month period beginning on the date of such birth or
10
placement.
11
‘‘(B) Notwithstanding subparagraph (A), the
12
entitlement to leave under paragraph (1)(B) in con-
13
nection with adoption may commence prior to the
14
placement of the son or daughter to be adopted for
15
activities necessary to allow the adoption to pro-
16
ceed.’’; and
17
(iii) in paragraph (4)—
18
(I) by striking ‘‘Subject to sub-
19
section (d)(2), during’’ and inserting
20
‘‘During’’; and
21
(II) by inserting ‘‘(or 26 adminis-
22
trative workweeks of leave plus any
23
additional period of leave used under
24
subsection (d)(2)(B)(ii))’’ after ‘‘26
25
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•S 274 IS
administrative workweeks of leave’’;
1
and
2
(B) in subsection (d)—
3
(i) in paragraph (1)—
4
(I) by striking the first sentence;
5
and
6
(II) by striking ‘‘under sub-
7
chapter I’’; and
8
(ii) in paragraph (2)—
9
(I) in subparagraph (A), by strik-
10
ing ‘‘subparagraph (A) or (B)’’ and
11
inserting ‘‘subparagraph (A) through
12
(E)’’;
13
(II) by striking ‘‘parental’’ in
14
each instance;
15
(III) in subparagraph (B)(i), by
16
striking ‘‘birth or placement involved’’
17
and inserting ‘‘event giving rise to
18
such leave’’;
19
(IV) by amending subparagraph
20
(E) to read as follows:
21
‘‘(E) Nothing in this paragraph shall be
22
construed to modify the service requirement in
23
section 6381(1)(B).’’;
24
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•S 274 IS
(V) in subparagraph (F)(i), by
1
striking ‘‘An employee’’ and inserting
2
‘‘With respect to leave described
3
under subparagraph (A) or (B) of
4
subsection (a)(1), an employee’’; and
5
(VI) by adding at the end the fol-
6
lowing:
7
‘‘(H) Notwithstanding paragraph (2)(B)(i),
8
with respect to any employee who received paid
9
leave for an event giving rise to such leave
10
under any other provision of law and who be-
11
comes subject to this section during the period
12
of eligibility for paid leave under this section
13
with respect to such event, any paid leave for
14
such event provided by this section shall be re-
15
duced by the total number of days of paid leave
16
taken by such employee under such other provi-
17
sion of law.’’.
18
SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CON-
19
GRESSIONAL ACCOUNTABILITY ACT OF 1995.
20
Section 202 of the Congressional Accountability Act
21
of 1995 (2 U.S.C. 1312), is amended—
22
(1) in subsection (a)—
23
(A) paragraph (1)—
24
(i) in the second sentence—
25
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•S 274 IS
(I)
by
striking
‘‘subsection
1
(a)(1)(A)
or
(B)’’
and
inserting
2
‘‘under any of subparagraphs (A)
3
through (E) of subsection (a)(1)’’;
4
and
5
(II) by inserting ‘‘and in the case
6
of leave that includes leave for such
7
an event, the period of leave to which
8
a covered employee is entitled under
9
section 102(a)(1) of such Act shall be
10
12 administrative workweeks of leave
11
plus any additional period of leave
12
used under subsection (d)(2)(B) of
13
this section’’ before the period; and
14
(ii) by striking the third sentence and
15
inserting the following: ‘‘For purposes of
16
applying section 102(a)(4) of such Act, in
17
the case of leave that includes leave under
18
any of subparagraphs (A) through (E) of
19
section 102(a)(1) of such Act, a covered
20
employee is entitled, under paragraphs (1)
21
and (3) of section 102(a) of such Act, to
22
a combined total of 26 workweeks of leave
23
plus any additional period of leave used
24
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•S 274 IS
under subsection (d)(2)(B) of this sec-
1
tion.’’; and
2
(B) in paragraph (2), by amending sub-
3
paragraph (B) to read as follows:
4
‘‘(B) except for leave described under sec-
5
tion 102(a)(3) of such Act, the term ‘eligible
6
employee’ as used in that Act means a covered
7
employee.’’; and
8
(2) in subsection (d)—
9
(A) in the subsection heading, by striking
10
‘‘PARENTAL LEAVE’’ and inserting ‘‘FAMILY
11
AND MEDICAL LEAVE’’;
12
(B) in paragraph (1), by striking ‘‘sub-
13
paragraph (A) or (B)’’ and inserting ‘‘any of
14
subparagraphs (A) through (E)’’;
15
(C) by striking ‘‘parental’’ each place the
16
term appears; and
17
(D) in paragraph (2)(A), by striking ‘‘birth
18
or placement involved’’ and inserting ‘‘event
19
giving rise to such leave’’.
20
SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE,
21
AND POSTAL REGULATORY COMMISSION EM-
22
PLOYEES.
23
The Family and Medical Leave Act of 1993 (29
24
U.S.C. 2612), is amended—
25
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•S 274 IS
(1) in section 101(2)(E)—
1
(A) in the subparagraph heading, by in-
2
serting ‘‘USPS,
AND
POSTAL
REGULATORY
3
COMMISSION’’ after ‘‘GAO’’;
4
(B) by inserting ‘‘the United States Postal
5
Service, or the Postal Regulatory Commission’’
6
after ‘‘Government Accountability Office’’; and
7
(C) by striking ‘‘section 102(a)(1)(A) or
8
(B)’’ and inserting ‘‘any of subparagraphs (A)
9
through (E) of section 102(a)(1)’’;
10
(2) in section 102(d)(3)—
11
(A) in the paragraph heading, by inserting
12
‘‘USPS, AND
POSTAL
REGULATORY
COMMIS-
13
SION’’ after ‘‘GAO’’;
14
(B) by striking ‘‘the Government Account-
15
ability Office’’ and inserting ‘‘the Government
16
Accountability Office, the United States Postal
17
Service, or the Postal Regulatory Commission’’
18
each place the term appears;
19
(C) by striking ‘‘parental’’ and inserting
20
‘‘family and medical’’ each place the term ap-
21
pears;
22
(D) in subparagraph (A), by striking ‘‘sub-
23
paragraph (A) or (B)’’ and inserting ‘‘subpara-
24
graphs (A) through (E)’’; and
25
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•S 274 IS
(E) in subparagraph (B)(i), by striking
1
‘‘birth or placement involved’’ and inserting
2
‘‘event giving rise to such leave’’; and
3
(3) by adding at the end of section 102(a) the
4
following:
5
‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.—
6
With respect to an employee of the Government Ac-
7
countability Office, the Library of Congress, the
8
United States Postal Service, or the Postal Regu-
9
latory Commission—
10
‘‘(A) in the case of leave that includes
11
leave under subparagraph (A) through (E) of
12
paragraph (1), the employee shall be entitled to
13
12 administrative workweeks of leave plus any
14
additional period of leave used under subsection
15
(d)(3)(B)(ii)
of
this
section
or
section
16
202(d)(2)(B) of the Congressional Account-
17
ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)),
18
as the case may be;
19
‘‘(B) for the purposes of paragraph (4),
20
the employee is entitled, under paragraphs (1)
21
and (3), to a combined total of 26 workweeks
22
of leave plus, if applicable, any additional pe-
23
riod of leave used under subsection (d)(3)(B)(ii)
24
of this section or section 202(d)(2)(B) of the
25
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•S 274 IS
Congressional Accountability Act of 1995 (2
1
U.S.C. 1312(d)(2)(B)), as the case may be; and
2
‘‘(C) the entitlement to leave under para-
3
graph (1)(B) in connection with adoption may
4
commence prior to the placement of the son or
5
daughter to be adopted for activities necessary
6
to allow the adoption to proceed.’’.
7
SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE
8
PRESIDENT.
9
Section 412 of title 3, United States Code, is amend-
10
ed—
11
(1) in subsection (a)(3), by striking ‘‘or (B)’’
12
and inserting ‘‘through (E)’’; and
13
(2) in subsection (c), by striking ‘‘or (B)’’ and
14
inserting ‘‘through (E)’’ each place the term ap-
15
pears.
16
SEC. 6. FAA AND TSA EMPLOYEES.
17
Section 40122(g)(5) of title 49, United States Code,
18
is amended—
19
(1) in the paragraph heading, by striking ‘‘PA-
20
RENTAL’’; and
21
(2) by striking ‘‘parental’’ in each instance.
22
SEC. 7. TITLE 38 EMPLOYEES.
23
Not later than 30 days after the date of enactment
24
of this Act, the Secretary of Veterans Affairs shall modify
25
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•S 274 IS
the family and medical leave program provided by oper-
1
ation of section 7425(c) of title 38, United States Code,
2
to conform with this Act and the amendments made by
3
this Act.
4
SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF
5
COLUMBIA PUBLIC DEFENDER SERVICE.
6
(a) DISTRICT OF COLUMBIA COURTS.—Subsection
7
(d) of section 11–1726, District of Columbia Official Code,
8
is amended to read as follows:
9
‘‘(d)(1) In carrying out the Family and Medical
10
Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect
11
to nonjudicial employees of the District of Columbia
12
courts, the Joint Committee shall, notwithstanding any
13
provision of such Act, establish a paid family and medical
14
leave program for the leave described in subparagraphs
15
(A) through (E) of section 102(a)(1) of such Act (29
16
U.S.C. 2612(a)(1)).
17
‘‘(2) In developing the terms and conditions for the
18
paid family and medical leave program under paragraph
19
(1), the Joint Committee may be guided by the terms and
20
conditions applicable to the provision of paid family and
21
medical leave for employees of the Federal Government
22
under chapter 63 of title 5, United States Code, and any
23
corresponding regulations.’’.
24
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•S 274 IS
(b) DISTRICT
OF COLUMBIA PUBLIC DEFENDER
1
SERVICE.—Subsection (d) of section 305 of the District
2
of Columbia Court Reform and Criminal Procedure Act
3
of 1970 (sec. 21605, D.C. Official Code) is amended to
4
read as follows:
5
‘‘(d)(1) In carrying out the Family and Medical
6
Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect
7
to employees of the Service, the Director shall, notwith-
8
standing any provision of such Act, establish a paid family
9
and medical leave program for the leave described in sub-
10
paragraphs (A) through (E) of section 102(a)(1) of such
11
Act (29 U.S.C. 2612(a)(1)).
12
‘‘(2) In developing the terms and conditions for the
13
paid family and medical leave program under paragraph
14
(1), the Director may be guided by the terms and condi-
15
tions applicable to the provision of paid family and medical
16
leave for employees of the Federal Government under
17
chapter 63 of title 5, United States Code, and any cor-
18
responding regulations.’’.
19
Æ
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