II 117TH CONGRESS 1ST SESSION S. 1158 To provide paid family and medical leave to Federal employees, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 15, 2021 Mr. SCHATZ (for himself, Mr. VAN HOLLEN, Mr. MENENDEZ, and Ms. DUCKWORTH) introduced the following bill; which was read twice and re- ferred 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 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1158 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 covered by sub- 5 paragraph (A), or with the United States 6 Postal Service, the Postal Regulatory Com- 7 mission, or a nonappropriated fund instru- 8 mentality as described in section 2105(c); 9 or 10 ‘‘(ii) on covered active duty as a mem- 11 ber of the National Guard or Reserves that 12 interrupts service described in clause (i);’’; 13 and 14 (2) in section 6382— 15 (A) in subsection (a)— 16 (i) in paragraph (1)— 17 (I) in the matter preceding sub- 18 paragraph (A), by striking ‘‘12 ad- 19 ministrative workweeks of leave’’ and 20 inserting ‘‘12 administrative work- 21 weeks of leave plus, if applicable, any 22 additional period of leave used under 23 subsection (d)(2)(B)(ii)’’; and 24 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1158 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 subparagraph 6 (A) or (B) of paragraph (1) shall commence on the date 7 of the birth or placement of a son or daughter and shall 8 expire at the end of the 12-month period beginning on the 9 date of such birth or placement. 10 ‘‘(B) Notwithstanding subparagraph (A), the entitle- 11 ment to leave under paragraph (1)(B) in connection with 12 adoption may commence prior to the placement of the son 13 or daughter to be adopted, for activities necessary to allow 14 the adoption to proceed.’’; and 15 (iii) in paragraph (4)— 16 (I) by striking ‘‘Subject to sub- 17 section (d)(2), during’’ and inserting 18 ‘‘During’’; and 19 (II) by inserting ‘‘(or 26 adminis- 20 trative workweeks of leave plus, if ap- 21 plicable, any additional period of leave 22 used under subsection (d)(2)(B)(ii))’’ 23 after ‘‘26 administrative workweeks of 24 leave’’; and 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1158 IS (B) in subsection (d)— 1 (i) in paragraph (1), by striking the 2 first sentence; and 3 (ii) in paragraph (2)— 4 (I) in subparagraph (A), by strik- 5 ing ‘‘subparagraph (A) or (B)’’ and 6 inserting ‘‘any of subparagraphs (A) 7 through (E)’’; 8 (II) by striking ‘‘parental’’ each 9 place it appears and inserting ‘‘family 10 and medical’’; 11 (III) in subparagraph (B)(i), by 12 striking ‘‘birth or placement involved’’ 13 and inserting ‘‘event giving rise to 14 such leave’’; 15 (IV) by amending subparagraph 16 (E) to read as follows: 17 ‘‘(E) Nothing in this paragraph shall be construed 18 to modify the service requirement in section 6381(1)(B).’’; 19 (V) in subparagraph (F)(i)— 20 (aa) by striking ‘‘An em- 21 ployee’’ and inserting ‘‘With re- 22 spect to leave described under 23 subparagraph (A) or (B) of sub- 24 section (a)(1), an employee’’; and 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1158 IS (bb) by striking ‘‘a period of 1 12 weeks’’ and inserting ‘‘a pe- 2 riod equal to the period of leave 3 taken under subparagraph 4 (B)(i)’’; and 5 (VI) by adding at the end the fol- 6 lowing: 7 ‘‘(H) Notwithstanding subparagraph (B)(i), with re- 8 spect to any employee who received paid leave (for a pur- 9 pose described in subsection (a)(1) and for an event giving 10 rise to such leave) under any other provision of law, and 11 who becomes subject to this section during the period of 12 eligibility for paid leave under this section with respect to 13 such event, any paid leave for such event provided by this 14 section shall be reduced by the total number of days of 15 paid leave taken by such employee under such other provi- 16 sion of law.’’. 17 SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CON- 18 GRESSIONAL ACCOUNTABILITY ACT OF 1995. 19 Section 202 of the Congressional Accountability Act 20 of 1995 (2 U.S.C. 1312) is amended— 21 (1) in subsection (a)— 22 (A) in paragraph (1)— 23 (i) in the second sentence, by striking 24 ‘‘subsection (a)(1)(A) or (B)’’ and insert- 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1158 IS ing ‘‘any of subparagraphs (A) through 1 (E) of subsection (a)(1)’’; and 2 (ii) by striking the third sentence and 3 inserting the following: ‘‘For purposes of 4 applying section 102 of such Act, in the 5 case of leave that includes leave under any 6 of subparagraphs (A) through (E) of sub- 7 section (a)(1) of that section, the covered 8 employee shall be entitled to 12 workweeks 9 of leave plus, if applicable, any additional 10 period of leave used under subsection 11 (d)(2)(B). For purposes of applying section 12 102(a)(4) of such Act, a covered employee 13 is entitled, under paragraphs (1) and (3) 14 of section 102(a) of such Act, to a com- 15 bined total of 26 workweeks of leave plus, 16 if applicable, any additional period of leave 17 used under subsection (d)(2)(B) of this 18 section.’’; and 19 (B) in paragraph (2), in the last sentence, 20 by striking ‘‘subparagraph (A) or (B)’’ and in- 21 serting ‘‘any of subparagraphs (A) through 22 (E)’’; and 23 (2) in subsection (d)— 24 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1158 IS (A) in the subsection heading, by striking 1 ‘‘PARENTAL LEAVE’’ and inserting ‘‘FAMILY 2 AND MEDICAL LEAVE’’; 3 (B) in paragraph (1), by striking ‘‘sub- 4 paragraph (A) or (B)’’ and inserting ‘‘any of 5 subparagraphs (A) through (E)’’; 6 (C) by striking ‘‘parental’’ each place it 7 appears and inserting ‘‘family and medical’’; 8 and 9 (D) in paragraph (2)(A), by striking ‘‘birth 10 or placement involved’’ and inserting ‘‘event 11 giving rise to such leave’’. 12 SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, 13 AND POSTAL REGULATORY COMMISSION EM- 14 PLOYEES. 15 The Family and Medical Leave Act of 1993 (29 16 U.S.C. 2612) is amended— 17 (1) in section 101(2)(E)— 18 (A) in the subparagraph heading, by in- 19 serting ‘‘, USPS, AND POSTAL REGULATORY 20 COMMISSION’’ after ‘‘GAO’’; 21 (B) by inserting ‘‘, the United States Post- 22 al Service, or the Postal Regulatory Commis- 23 sion’’ after ‘‘Government Accountability Of- 24 fice’’; and 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1158 IS (C) by striking ‘‘section 102(a)(1)(A) or 1 (B)’’ and inserting ‘‘any of subparagraphs (A) 2 through (E) of section 102(a)(1)’’; 3 (2) in section 102(a)— 4 (A) in paragraph (1)(B), by inserting ‘‘and 5 in order to care for such son or daughter’’ be- 6 fore the period; 7 (B) in paragraph (4), by striking ‘‘sub- 8 section (d)(3)’’ and inserting ‘‘subsection (d)’’; 9 and 10 (C) by adding at the end the following: 11 ‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 12 With respect to an employee of the Government Ac- 13 countability Office, the Library of Congress, the 14 United States Postal Service, or the Postal Regu- 15 latory Commission, for purposes of applying this sec- 16 tion as described in paragraph (3) or (4) of sub- 17 section (d)— 18 ‘‘(A) in the case of leave that includes 19 leave under any of subparagraphs (A) through 20 (E) of paragraph (1), the employee shall be en- 21 titled to 12 workweeks of leave plus, if applica- 22 ble, any additional period of leave used under 23 subsection (d)(3)(B)(ii) of this section or sec- 24 tion 202(d)(2)(B) of the Congressional Ac- 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1158 IS countability Act of 1995 (2 U.S.C. 1 1312(d)(2)(B)), as the case may be; and 2 ‘‘(B) for the purposes of paragraph (4), 3 the employee is entitled, under paragraphs (1) 4 and (3), to a combined total of 26 workweeks 5 of leave plus, if applicable, any additional pe- 6 riod of leave used under subsection (d)(3)(B)(ii) 7 of this section or section 202(d)(2)(B) of the 8 Congressional Accountability Act of 1995 (2 9 U.S.C. 1312(d)(2)(B)), as the case may be.’’; 10 and 11 (3) in section 102(d)(3)— 12 (A) in the paragraph heading, by inserting 13 ‘‘, USPS, AND POSTAL REGULATORY COMMIS- 14 SION’’ after ‘‘GAO’’; 15 (B) by striking ‘‘the Government Account- 16 ability Office’’ each place it appears and insert- 17 ing ‘‘the Government Accountability Office, the 18 United States Postal Service, or the Postal 19 Regulatory Commission’’; 20 (C) by striking ‘‘parental’’ each place it 21 appears and inserting ‘‘family and medical’’; 22 (D) in subparagraph (A), by striking ‘‘sub- 23 paragraph (A) or (B)’’ and inserting ‘‘any of 24 subparagraphs (A) through (E)’’; and 25 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1158 IS (E) in subparagraph (B)(i), by striking 1 ‘‘birth or placement involved’’ and inserting 2 ‘‘event giving rise to such leave’’. 3 SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE 4 PRESIDENT. 5 Section 412 of title 3, United States Code, is amend- 6 ed— 7 (1) in subsection (a)(3), by striking ‘‘subpara- 8 graph (A) or (B)’’ and inserting ‘‘any of subpara- 9 graphs (A) through (E)’’; and 10 (2) in subsection (c), by striking ‘‘subparagraph 11 (A) or (B)’’ each place it appears and inserting ‘‘any 12 of subparagraphs (A) 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 inserting ‘‘FAMILY AND MEDICAL’’; 18 and 19 (2) by striking ‘‘parental’’ each place it appears 20 and inserting ‘‘family and medical’’. 21 SEC. 7. TITLE 38 EMPLOYEES. 22 Not later than 30 days after the date of enactment 23 of this Act, the Secretary of Veterans Affairs shall modify 24 the family and medical leave program provided by oper- 25 VerDate Sep 11 2014 21:55 May 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1158 IS ation of section 7425(c) of title 38, United States Code, 1 to conform with this Act and the amendments made by 2 this Act, including the amendments made to subchapter 3 V of chapter 63 of title 5, United States Code. 4 SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF 5 COLUMBIA PUBLIC DEFENDER SERVICE. 6 (a) DISTRICT OF COLUMBIA COURTS.—Section 11– 7 1726(d), District of Columbia Official Code, is amended 8 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 of 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 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1158 IS (b) DISTRICT OF COLUMBIA PUBLIC DEFENDER 1 SERVICE.—Section 305(d) of the District of Columbia 2 Court Reform and Criminal Procedure Act of 1970 (sec. 3 2–1605(d), D.C. Official Code) is amended to read as fol- 4 lows: 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 of 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 VerDate Sep 11 2014 05:37 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S1158.IS S1158 kjohnson on DSK79L0C42PROD with BILLS