Comprehensive Paid Leave for Federal Employees Act

I 117TH CONGRESS 1ST SESSION H. R. 564 To provide paid family and medical leave to Federal employees, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. HOYER, Mr. SMITH of Washington, Ms. DELAURO, Mr. CONNOLLY, Mr. BEYER, Ms. NORTON, and Ms. SPEIER) introduced the following bill; which was re- ferred to the Committee on Oversight and Reform, and in addition to the Committees on Veterans’ Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 564 IH SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL 1 EMPLOYEES COVERED BY TITLE 5. 2 Chapter 63 of title 5, United States Code, is amend- 3 ed— 4 (1) in section 6381, by amending paragraph 5 (1)(B) to read as follows: 6 ‘‘(B) has completed at least 12 months of 7 service— 8 ‘‘(i) as an employee (as defined in sec- 9 tion 2105) of the Government of the 10 United States, including service with the 11 United States Postal Service, the Postal 12 Regulatory Commission, and a non- 13 appropriated fund instrumentality as de- 14 scribed in section 2105(c); or 15 ‘‘(ii) on covered active duty as a mem- 16 ber of the National Guard or Reserves that 17 interrupts service described in clause (i);’’; 18 and 19 (2) in section 6382— 20 (A) in subsection (a)— 21 (i) in paragraph (1)— 22 (I) in the matter preceding sub- 23 paragraph (A), by striking ‘‘12 ad- 24 ministrative workweeks of leave’’ and 25 inserting ‘‘12 administrative work 26 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 564 IH weeks of leave plus any additional pe- 1 riod of leave used under subsection 2 (d)(2)(B)(ii)’’; and 3 (II) in subparagraph (B), by in- 4 serting ‘‘and in order to care for such 5 son or daughter’’ before the period; 6 (ii) by amending paragraph (2) to 7 read as follows: 8 ‘‘(2)(A) The entitlement to leave under sub- 9 paragraph (A) or (B) of paragraph (1) shall com- 10 mence at time of birth or placement of a son or 11 daughter and shall expire at the end of the 12- 12 month period beginning on the date of such birth or 13 placement. 14 ‘‘(B) Notwithstanding subparagraph (A), the 15 entitlement to leave under subparagraph (B) in con- 16 nection with adoption may commence prior to the 17 placement of the son or daughter to be adopted for 18 activities necessary to allow the adoption to pro- 19 ceed.’’; and 20 (iii) in paragraph (4)— 21 (I) by striking ‘‘Subject to sub- 22 section (d)(2), during’’ and inserting 23 ‘‘During’’; and 24 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 564 IH (II) by inserting ‘‘(or 26 adminis- 1 trative workweeks of leave plus any 2 additional period of leave used under 3 subsection (d)(2)(B)(ii))’’ after ‘‘26 4 administrative workweeks of leave’’; 5 and 6 (B) in subsection (d)— 7 (i) in paragraph (1)— 8 (I) by striking the first sentence; 9 and 10 (II) by striking ‘‘under sub- 11 chapter I’’; and 12 (ii) in paragraph (2)— 13 (I) in subparagraph (A), by strik- 14 ing ‘‘subparagraph (A) or (B)’’ and 15 inserting ‘‘subparagraph (A) through 16 (E)’’; 17 (II) by striking ‘‘parental’’ in 18 each instance; 19 (III) in subparagraph (B)(i), by 20 striking ‘‘birth or placement involved’’ 21 and inserting ‘‘event giving rise to 22 such leave’’; 23 (IV) by amending subparagraph 24 (E) to read as follows: 25 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 564 IH ‘‘(E) Nothing in this paragraph shall be 1 construed to modify the service requirement in 2 section 6381(1)(B).’’; 3 (V) in subparagraph (F)(i), by 4 striking ‘‘An employee’’ and inserting 5 ‘‘With respect to leave described 6 under subparagraph (A) or (B) of 7 subsection (a)(1), an employee’’; and 8 (VI) by adding at the end the fol- 9 lowing: 10 ‘‘(H) Notwithstanding paragraph (2)(B)(i), 11 with respect to any employee who received paid 12 leave for an event giving rise to such leave 13 under any other provision of law and who be- 14 comes subject to this section during the period 15 of eligibility for paid leave under this section 16 with respect to such event, any paid leave for 17 such event provided by this section shall be re- 18 duced by the total number of days of paid leave 19 taken by such employee under such other provi- 20 sion of law.’’. 21 SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CON- 22 GRESSIONAL ACCOUNTABILITY ACT OF 1995. 23 Section 202 of the Congressional Accountability Act 24 of 1995 (2 U.S.C. 1312), is amended— 25 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 564 IH (1) in subsection (a)— 1 (A) paragraph (1)— 2 (i) in the second sentence— 3 (I) by striking ‘‘subsection 4 (a)(1)(A) or (B)’’ and inserting 5 ‘‘under any of subsections (a)(1)(A) 6 through (E)’’; and 7 (II) by inserting ‘‘and in the case 8 of leave that includes leave for such 9 an event, the period of leave to which 10 a covered employee is entitled under 11 section 102(a)(1) of such Act shall be 12 12 administrative workweeks of leave 13 plus any additional period of leave 14 used under subsection (d)(2)(B) of 15 this section’’ before the period; and 16 (ii) by striking the third sentence and 17 inserting the following: ‘‘For purposes of 18 applying section 102(a)(4) of such Act, in 19 the case of leave that includes leave under 20 any of subparagraphs (A) through (E) of 21 section 102(a)(1) of such Act, a covered 22 employee is entitled, under paragraphs (1) 23 and (3) of section 102(a) of such Act, to 24 a combined total of 26 workweeks of leave 25 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 564 IH plus any additional period of leave used 1 under subsection (d)(2)(B) of this sec- 2 tion.’’; and 3 (B) in paragraph (2), by amending sub- 4 paragraph (B) to read as follows: 5 ‘‘(B) except for leave described under sec- 6 tion 102(a)(3) of such Act, the term ‘eligible 7 employee’ as used in that Act means a covered 8 employee.’’; and 9 (2) in subsection (d)— 10 (A) in the subsection heading, by striking 11 ‘‘PARENTAL LEAVE’’ and inserting ‘‘FAMILY 12 AND MEDICAL LEAVE’’; 13 (B) by striking ‘‘subparagraph (A) or (B)’’ 14 and inserting ‘‘any of subparagraphs (A) 15 through (E)’’; 16 (C) by striking ‘‘parental’’ in each in- 17 stance; and 18 (D) in paragraph (2)(A), by striking ‘‘birth 19 or placement involved’’ and inserting ‘‘event 20 giving rise to such leave’’. 21 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 564 IH SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, 1 AND POSTAL REGULATORY COMMISSION EM- 2 PLOYEES. 3 The Family and Medical Leave Act of 1993 (29 4 U.S.C. 2612), is amended— 5 (1) in section 101(2)(E)— 6 (A) in the subparagraph heading, by in- 7 serting ‘‘USPS, AND POSTAL REGULATORY 8 COMMISSION’’ after ‘‘GAO’’; 9 (B) by inserting ‘‘the United States Postal 10 Service, or the Postal Regulatory Commission’’ 11 after ‘‘Government Accountability Office’’; and 12 (C) by striking ‘‘section 102(a)(1)(A) or 13 (B)’’ and inserting ‘‘section 102(a)(1)(A) 14 through (E)’’; 15 (2) in section 102(a)(3)— 16 (A) in the paragraph heading, by inserting 17 ‘‘USPS, AND POSTAL REGULATORY COMMIS- 18 SION’’ after ‘‘GAO’’; 19 (B) by striking ‘‘the Government Account- 20 ability Office’’ in each instance and inserting 21 ‘‘the Government Accountability Office, the 22 United States Postal Service, or the Postal 23 Regulatory Commission’’; 24 (C) by striking ‘‘parental’’ in each instance 25 and inserting ‘‘family and medical’’; 26 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 564 IH (D) in subparagraph (A), by striking ‘‘sub- 1 paragraph (A) or (B)’’ and inserting ‘‘subpara- 2 graphs (A) through (E)’’; and 3 (E) in subparagraph (B)(i), by striking 4 ‘‘birth or placement involved’’ and inserting 5 ‘‘event giving rise to such leave’’; and 6 (3) by adding at the end of section 102(a) the 7 following: 8 ‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 9 With respect to an employee of the Government Ac- 10 countability Office, the Library of Congress, the 11 United States Postal Service, or the Postal Regu- 12 latory Commission— 13 ‘‘(A) in the case of leave that includes 14 leave under subparagraph (A) through (E) of 15 paragraph (1), the employee shall be entitled to 16 12 administrative workweeks of leave plus any 17 additional period of leave used under subsection 18 (d)(3)(B)(ii) of this section or section 19 202(d)(2)(B) of the Congressional Account- 20 ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), 21 as the case may be; and 22 ‘‘(B) for the purposes of paragraph (4), 23 the employee is entitled, under paragraphs (1) 24 and (3), to a combined total of 26 workweeks 25 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 564 IH of leave plus, if applicable, any additional pe- 1 riod of leave used under subsection (d)(3)(B)(ii) 2 of this section or section 202(d)(2)(B) of the 3 Congressional Accountability Act of 1995 (2 4 U.S.C. 1312(d)(2)(B)), as the case may be.’’. 5 SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE 6 PRESIDENT. 7 Section 412 of title 3, United States Code, is amend- 8 ed— 9 (1) in subsection (a)(3), by striking ‘‘or (B)’’ 10 and inserting ‘‘through (E)’’; and 11 (2) in subsection (c), by striking ‘‘or (B)’’ in 12 each instance and inserting ‘‘through (E)’’. 13 SEC. 6. FAA AND TSA EMPLOYEES. 14 Section 40122(g)(5) of title 49, United States Code, 15 is amended— 16 (1) in the paragraph heading, by striking ‘‘PA- 17 RENTAL’’; and 18 (2) by striking ‘‘parental’’ in each instance. 19 SEC. 7. TITLE 38 EMPLOYEES. 20 Not later than 30 days after the date of enactment 21 of this Act, the Secretary of Veterans Affairs shall modify 22 the family and medical leave program provided by oper- 23 ation of section 7425(c) of title 38, United States Code, 24 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 564 IH to conform with this Act and the amendments made by 1 this Act. 2 SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF 3 COLUMBIA PUBLIC DEFENDER SERVICE. 4 (a) DISTRICT OF COLUMBIA COURTS.—Subsection 5 (d) of section 11–1726, District of Columbia Official Code, 6 is amended to read as follows: 7 ‘‘(d) In carrying out the family and medical leave act 8 of 1993 (29 U.S.C. 2601 et seq.) with respect to non-judi- 9 cial employees of the District of Columbia courts, the 10 Joint Committee on Judicial Administration shall, not- 11 withstanding any provision of such Act, establish a paid 12 family and medical leave program for the leave described 13 in subparagraphs (A) through (E) of section 102(a)(1) of 14 such Act (29 U.S.C. 2612(a)(1)). In developing the terms 15 and conditions for this program, the Joint Committee may 16 be guided by the terms and conditions applicable to the 17 provision of paid family and medical leave for employees 18 of the Federal Government under chapter 63 of title 5, 19 United States Code, and any corresponding regulations.’’. 20 (b) DISTRICT OF COLUMBIA PUBLIC DEFENDER 21 SERVICE.—Subsection (d) of section 305 of the District 22 of Columbia Court Reform and Criminal Procedure Act 23 of 1970 (sec. 21605, D.C. Official Code) is amended to 24 read as follows: 25 VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 564 IH ‘‘(d) In carrying out the Family and Medical Leave 1 Act of 1993 (29 U.S.C. 2601 et seq.) with respect to em- 2 ployees of the Service, the Director shall, notwithstanding 3 any provision of such Act, establish a paid leave program 4 for the leave described in subparagraphs (A) through (E) 5 of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)). 6 In developing the terms and conditions for this program, 7 the Director may be guided by the terms and conditions 8 applicable to the provision of paid family and medical leave 9 for employees of the Federal Government under chapter 10 63 of title 5, United States Code, and any corresponding 11 regulations.’’. 12 Æ VerDate Sep 11 2014 16:14 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H564.IH H564 pamtmann on DSKBC07HB2PROD with BILLS