MOMS Leave Act

II 116TH CONGRESS 1ST SESSION S. 1615 To amend titles 10 and 37, United States Code, to provide compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 22, 2019 Mr. UDALL (for himself, Mr. ROUNDS, Mr. PETERS, Mr. MORAN, Mr. HEIN- RICH, Mrs. CAPITO, Mrs. MURRAY, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend titles 10 and 37, United States Code, to provide compensation and credit for retired pay purposes for maternity leave taken by members of the reserve compo- nents, 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 ‘‘Mothers of Military 4 Service Leave Act’’ or ‘‘MOMS Leave Act’’. 5 VerDate Sep 11 2014 03:50 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1615.IS S1615 kjohnson on DSK79L0C42 with BILLS 2 •S 1615 IS SEC. 2. COMPENSATION AND CREDIT FOR RETIRED PAY 1 PURPOSES FOR MATERNITY LEAVE TAKEN 2 BY MEMBERS OF THE RESERVE COMPO- 3 NENTS. 4 (a) COMPENSATION.—Section 206(a) of title 37, 5 United States Code, is amended— 6 (1) in paragraph (2), by striking ‘‘or’’ at the 7 end; 8 (2) in paragraph (3), by striking the period at 9 the end and inserting ‘‘; or’’; and 10 (3) by adding the end the following new para- 11 graph: 12 ‘‘(4) for each of 6 days in connection with the 13 taking by the member of a period of maternity 14 leave.’’. 15 (b) CREDIT FOR RETIRED PAY PURPOSES.— 16 (1) IN GENERAL.—The period of maternity 17 leave taken by a member of the reserve components 18 of the Armed Forces in connection with the birth of 19 a child shall count toward the member’s entitlement 20 to retired pay, and in connection with the years of 21 service used in computing retired pay, under chapter 22 1223 of title 10, United States Code, as 12 points. 23 (2) SEPARATE CREDIT FOR EACH PERIOD OF 24 LEAVE.—Separate crediting of points shall accrue to 25 a member pursuant to this subsection for each pe- 26 VerDate Sep 11 2014 03:50 May 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1615.IS S1615 kjohnson on DSK79L0C42 with BILLS 3 •S 1615 IS riod of maternity leave taken by the member in con- 1 nection with a childbirth event. 2 (3) WHEN CREDITED.—Points credited a mem- 3 ber for a period of maternity leave pursuant to this 4 subsection shall be credited in the year in which the 5 period of maternity leave concerned commences. 6 (4) CONTRIBUTION OF LEAVE TOWARD ENTI- 7 TLEMENT TO RETIRED PAY.—Section 12732(a)(2) of 8 title 10, United States Code, is amended by insert- 9 ing after subparagraph (E) the following new sub- 10 paragraph: 11 ‘‘(F) Points at the rate of 12 a year for the 12 taking of maternity leave.’’. 13 (5) COMPUTATION OF YEARS OF SERVICE FOR 14 RETIRED PAY.—Section 12733 of such title is 15 amended— 16 (A) by redesignating paragraph (5) as 17 paragraph (6); and 18 (B) by inserting after paragraph (4) the 19 following new paragraph (5): 20 ‘‘(5) One day for each point credited to the per- 21 son under subparagraph (F) of section 12732(a)(2) 22 of this title.’’. 23 (c) EFFECTIVE DATE.—This section and the amend- 24 ments made by this section shall take effect on the date 25 VerDate Sep 11 2014 03:50 May 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1615.IS S1615 kjohnson on DSK79L0C42 with BILLS 4 •S 1615 IS of the enactment of this Act, and shall apply with respect 1 to periods of maternity leave that commence on or after 2 that date. 3 Æ VerDate Sep 11 2014 03:50 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1615.IS S1615 kjohnson on DSK79L0C42 with BILLS