MOMS Leave Act

I 116TH CONGRESS 1ST SESSION H. R. 2937 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 HOUSE OF REPRESENTATIVES MAY 22, 2019 Ms. TORRES SMALL of New Mexico (for herself and Mr. COOK) introduced the following bill; which was 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 the ‘‘MOMS Leave Act’’. 5 VerDate Sep 11 2014 03:23 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2937.IH H2937 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2937 IH 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 at the end the following new 11 paragraph: 12 ‘‘(4) for each of six days for each period during 13 which the member is on maternity leave.’’. 14 (b) CREDIT FOR RETIRED PAY PURPOSES.— 15 (1) IN GENERAL.—The period of maternity 16 leave taken by a member of the reserve components 17 of the Armed Forces in connection with the birth of 18 a child shall count toward the member’s entitlement 19 to retired pay, and in connection with the years of 20 service used in computing retired pay, under chapter 21 1223 of title 10, United States Code, as 12 points. 22 (2) SEPARATE CREDIT FOR EACH PERIOD OF 23 LEAVE.—Separate crediting of points shall accrue to 24 a member pursuant to this subsection for each pe- 25 VerDate Sep 11 2014 03:23 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2937.IH H2937 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2937 IH 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 per period 12 during which the member is on maternity 13 leave.’’. 14 (5) COMPUTATION OF YEARS OF SERVICE FOR 15 RETIRED PAY.—Section 12733 of such title is 16 amended— 17 (A) by redesignating paragraph (5) as 18 paragraph (6); and 19 (B) by inserting after paragraph (4) the 20 following new paragraph (5): 21 ‘‘(5) One day for each point credited to the per- 22 son under subparagraph (F) of section 12732(a)(2) 23 of this title.’’. 24 VerDate Sep 11 2014 03:23 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2937.IH H2937 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2937 IH (c) EFFECTIVE DATE.—This section and the amend- 1 ments made by this section shall take effect on the date 2 of the enactment of this Act, and shall apply with respect 3 to periods of maternity leave that commence on or after 4 that date. 5 Æ VerDate Sep 11 2014 03:23 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2937.IH H2937 pamtmann on DSKBFK8HB2PROD with BILLS