Federal Employee Parental Leave Technical Correction Act

II 116TH CONGRESS 1ST SESSION S. 3104 To make technical corrections relating to parental leave for Federal employees. IN THE SENATE OF THE UNITED STATES DECEMBER 18, 2019 Mr. SCHUMER (for himself, Mr. PETERS, Mrs. MURRAY, Mr. REED, Mr. SCHATZ, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To make technical corrections relating to parental leave for Federal employees. 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 ‘‘Federal Employee Pa- 4 rental Leave Technical Correction Act’’. 5 SEC. 2. FAMILY AND MEDICAL LEAVE AMENDMENTS. 6 (a) IN GENERAL.— 7 (1) PAID PARENTAL LEAVE FOR EMPLOYEES OF 8 DISTRICT OF COLUMBIA COURTS AND DISTRICT OF 9 COLUMBIA PUBLIC DEFENDER SERVICE.— 10 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 2 •S 3104 IS (A) DISTRICT OF COLUMBIA COURTS.— 1 Section 11–1726, District of Columbia Official 2 Code, is amended by adding at the end the fol- 3 lowing new subsection: 4 ‘‘(d) In carrying out the Family and Medical Leave 5 Act of 1993 (29 U.S.C. 2601 et seq.) with respect to non- 6 judicial employees of the District of Columbia courts, the 7 Joint Committee on Judicial Administration shall, not- 8 withstanding any provision of such Act, establish a paid 9 parental leave program for the leave described in subpara- 10 graphs (A) and (B) of section 102(a)(1) of such Act (29 11 U.S.C. 2612(a)(1)) (relating to leave provided in connec- 12 tion with the birth of a child or the placement of a child 13 for adoption or foster care). In developing the terms and 14 conditions for this program, the Joint Committee may be 15 guided by the terms and conditions applicable to the provi- 16 sion of paid parental leave for employees of the Federal 17 Government under chapter 63 of title 5, United States 18 Code, and any corresponding regulations.’’. 19 (B) DISTRICT OF COLUMBIA PUBLIC DE- 20 FENDER SERVICE.—Section 305 of the District 21 of Columbia Court Reform and Criminal Proce- 22 dure Act of 1970 (sec. 2–1605, D.C. Official 23 Code) is amended by adding at the end the fol- 24 lowing new subsection: 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 3 •S 3104 IS ‘‘(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 parental leave 4 program for the leave described in subparagraphs (A) and 5 (B) of section 102(a)(1) of such Act (29 U.S.C. 6 2612(a)(1)) (relating to leave provided in connection with 7 the birth of a child or the placement of a child for adoption 8 or foster care). In developing the terms and conditions for 9 this program, the Director may be guided by the terms 10 and conditions applicable to the provision of paid parental 11 leave for employees of the Federal Government under 12 chapter 63 of title 5, United States Code, and any cor- 13 responding regulations.’’. 14 (2) CLARIFICATION OF USE OF OTHER LEAVE 15 IN ADDITION TO 12 WEEKS AS FAMILY AND MEDICAL 16 LEAVE.— 17 (A) TITLE 5.—Section 6382(a) of title 5, 18 United States Code, as amended by section 19 7602 of the National Defense Authorization Act 20 for Fiscal Year 2020, is amended— 21 (i) in paragraph (1), in the matter 22 preceding subparagraph (A), by inserting 23 ‘‘(or, in the case of leave that includes 24 leave under subparagraph (A) or (B) of 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 4 •S 3104 IS this paragraph, 12 administrative work- 1 weeks of leave plus any additional period 2 of leave used under subsection 3 (d)(2)(B)(ii))’’ after ‘‘12 administrative 4 workweeks of leave’’; and 5 (ii) in paragraph (4), by inserting 6 ‘‘(or 26 administrative workweeks of leave 7 plus any additional period of leave used 8 under subsection (d)(2)(B)(ii))’’ after ‘‘26 9 administrative workweeks of leave’’. 10 (B) CONGRESSIONAL EMPLOYEES.—Sec- 11 tion 202(a)(1) of the Congressional Account- 12 ability Act of 1995 (2 U.S.C. 1312(a)(1)), as 13 amended by section 7603 of the National De- 14 fense Authorization Act for Fiscal Year 2020, 15 is amended— 16 (i) in the second sentence, by insert- 17 ing ‘‘and in the case of leave that includes 18 leave for such an event, the period of leave 19 to which a covered employee is entitled 20 under section 102(a)(1) of such Act shall 21 be 12 administrative workweeks of leave 22 plus any additional period of leave used 23 under subsection (d)(2)(B) of this section’’ 24 before the period; and 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 5 •S 3104 IS (ii) by striking the third sentence and 1 inserting the following: ‘‘For purposes of 2 applying section 102(a)(4) of such Act, in 3 the case of leave that includes leave under 4 subparagraph (A) or (B) of section 5 102(a)(1) of such Act, a covered employee 6 is entitled, under paragraphs (1) and (3) 7 of section 102(a) of such Act, to a com- 8 bined total of 26 workweeks of leave plus 9 any additional period of leave used under 10 subsection (d)(2)(B) of this section.’’. 11 (C) OTHER EMPLOYEES COVERED UNDER 12 THE FAMILY AND MEDICAL LEAVE ACT OF 13 1993.—Section 102(a) of the Family and Med- 14 ical Leave Act of 1993 (29 U.S.C. 2611(a)) is 15 amended by adding at the end the following: 16 ‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 17 With respect to an employee of the Government Ac- 18 countability Office and an employee of the Library 19 of Congress— 20 ‘‘(A) in the case of leave that includes 21 leave under subparagraph (A) or (B) of para- 22 graph (1), the employee shall be entitled to 12 23 administrative workweeks of leave plus any ad- 24 ditional period of leave used under subsection 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 6 •S 3104 IS (d)(3)(B)(ii) of this section or section 1 202(d)(2)(B) of the Congressional Account- 2 ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), 3 as the case may be; and 4 ‘‘(B) for purposes of paragraph (4), the 5 employee is entitled, under paragraphs (1) and 6 (3), to a combined total of 26 workweeks of 7 leave plus, if applicable, any additional period 8 of leave used under subsection (d)(3)(B)(ii) of 9 this section or section 202(d)(2)(B) of the Con- 10 gressional Accountability Act of 1995 (2 U.S.C. 11 1312(d)(2)(B)), as the case may be.’’. 12 (3) APPLICABILITY.—The amendments made 13 by this section shall not be effective with respect to 14 any birth or placement occurring before October 1, 15 2020. 16 (b) PAID PARENTAL LEAVE FOR PRESIDENTIAL EM- 17 PLOYEES.— 18 (1) AMENDMENTS TO CHAPTER 5 OF TITLE 3, 19 UNITED STATES CODE.—Section 412 of title 3, 20 United States Code, is amended— 21 (A) in subsection (a)(1), by adding at the 22 end the following: ‘‘In applying section 102 of 23 such Act with respect to leave for an event de- 24 scribed in subsection (a)(1)(A) or (B) of such 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 7 •S 3104 IS section to covered employees, subsection (c) of 1 this section shall apply and in the case of leave 2 that includes leave for such an event, the period 3 of leave to which a covered employee is entitled 4 under section 102(a)(1) of such Act shall be 12 5 administrative workweeks of leave plus any ad- 6 ditional period of leave used under subsection 7 (c)(2)(B) of this section. For purposes of apply- 8 ing section 102(a)(4) of such Act, in the case 9 of leave that includes leave under subparagraph 10 (A) or (B) of section 102(a)(1) of such Act, a 11 covered employee is entitled, under paragraphs 12 (1) and (3) of section 102(a) of such Act, to a 13 combined total of 26 workweeks of leave plus 14 any additional period of leave used under sub- 15 section (c)(2)(B) of this section.’’; 16 (B) by redesignating subsections (c) and 17 (d) as subsections (d) and (e), respectively; 18 (C) by inserting after subsection (b) the 19 following: 20 ‘‘(c) SPECIAL RULE FOR PAID PARENTAL LEAVE.— 21 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov- 22 ered employee may elect to substitute for any leave 23 without pay under subparagraph (A) or (B) of sec- 24 tion 102(a)(1) of the Family and Medical Leave Act 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 8 •S 3104 IS of 1993 (29 U.S.C. 2612(a)(1)) any paid leave 1 which is available to such employee for that purpose. 2 ‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 3 that is available to a covered employee for purposes 4 of paragraph (1) is— 5 ‘‘(A) the number of weeks of paid parental 6 leave in connection with the birth or placement 7 involved that corresponds to the number of ad- 8 ministrative workweeks of paid parental leave 9 available to employees under section 10 6382(d)(2)(B)(i) of title 5, United States Code; 11 and 12 ‘‘(B) during the 12-month period referred 13 to in section 102(a)(1) of the Family and Med- 14 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) 15 and in addition to the administrative workweeks 16 described in subparagraph (A), any additional 17 paid vacation, personal, family, medical, or sick 18 leave provided by the employing office to such 19 employee. 20 ‘‘(3) LIMITATION.—Nothing in this section or 21 section 102(d)(2)(A) of the Family and Medical 22 Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall 23 be considered to require or permit an employing of- 24 fice to require that an employee first use all or any 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 9 •S 3104 IS portion of the leave described in paragraph (2)(B) 1 before being allowed to use the paid parental leave 2 described in paragraph (2)(A). 3 ‘‘(4) ADDITIONAL RULES.—Paid parental leave 4 under paragraph (2)(A)— 5 ‘‘(A) shall be payable from any appropria- 6 tion or fund available for salaries or expenses 7 for positions within the employing office; 8 ‘‘(B) if not used by the covered employee 9 before the end of the 12-month period (as re- 10 ferred to in section 102(a)(1) of the Family and 11 Medical Leave Act of 1993 (29 U.S.C. 12 2612(a)(1))) to which it relates, shall not accu- 13 mulate for any subsequent use; and 14 ‘‘(C) shall apply without regard to the limi- 15 tations in subparagraph (E), (F), or (G) of sec- 16 tion 6382(d)(2) of title 5, United States Code, 17 or section 104(c)(2) of the Family and Medical 18 Leave Act of 1993 (29 U.S.C. 2614(c)(2)).’’; 19 and 20 (D) in subsection (e)(1), as so redesig- 21 nated, by striking ‘‘subsection (c)’’ and insert- 22 ing ‘‘subsection (d)’’. 23 (2) APPLICABILITY.—The amendments made 24 by this subsection shall not be effective with respect 25 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 10 •S 3104 IS to any birth or placement occurring before October 1 1, 2020. 2 (c) FAA AND TSA.— 3 (1) APPLICATION OF FEDERAL FML.— 4 (A) IN GENERAL.—Section 40122(g)(2) of 5 title 49, United States Code, is amended— 6 (i) in subparagraph (I)(iii), by strik- 7 ing ‘‘and’’ at the end; 8 (ii) in subparagraph (J), by striking 9 the period at the end and inserting ‘‘; 10 and’’; and 11 (iii) by adding at the end the fol- 12 lowing: 13 ‘‘(K) subchapter V of chapter 63, relating 14 to family and medical leave.’’. 15 (B) APPLICABILITY.—The amendments 16 made by subparagraph (A) shall not be effective 17 with respect to any event for which leave may 18 be taken under subchapter V of chapter 63 of 19 title 5, United States Code, occurring before 20 October 1, 2020. 21 (2) CORRECTIONS FOR TSA SCREENERS.—Sec- 22 tion 7606 of the National Defense Authorization Act 23 for Fiscal Year 2020 is amended— 24 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 11 •S 3104 IS (A) by striking ‘‘Section 111(d)(2)’’ and 1 inserting the following: 2 ‘‘(a) IN GENERAL.—Section 111(d)(2)’’; and 3 (B) by adding at the end the following: 4 ‘‘(b) EFFECTIVE DATE; APPLICATION.— 5 ‘‘(1) IN GENERAL.—The amendment made by 6 subsection (a) shall not be effective with respect to 7 any event for which leave may be taken under sub- 8 chapter V of chapter 63 of title 5, United States 9 Code, occurring before October 1, 2020. 10 ‘‘(2) APPLICATION TO SERVICE REQUIREMENT 11 FOR ELIGIBILITY.—For purposes of applying the pe- 12 riod of service requirement under subparagraph (B) 13 of section 6381(1) to an individual appointed under 14 section 111(d)(1) of the Aviation and Transpor- 15 tation Security Act (49 U.S.C. 44935 note), the 16 amendment made by subsection (a) of this section 17 shall apply with respect to any period of service by 18 the individual under such an appointment, including 19 service before the effective date of such amend- 20 ment.’’. 21 (d) TITLE 38 EMPLOYEES.— 22 (1) IN GENERAL.—Section 7425 of title 38, 23 United States Code, is amended— 24 VerDate Sep 11 2014 02:57 Dec 24, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3104.IS S3104 kjohnson on DSK79L0C42 with BILLS 12 •S 3104 IS (A) in subsection (b), by striking ‘‘Not- 1 withstanding’’ and inserting ‘‘Except as pro- 2 vided in subsection (c), and notwithstanding’’; 3 and 4 (B) by adding at the end the following: 5 ‘‘(c) Notwithstanding any other provision of this sub- 6 chapter, the Administration shall provide to individuals 7 appointed to any position described in section 7421(b) who 8 are employed by the Administration family and medical 9 leave in the same manner, to the maximum extent prac- 10 ticable, as family and medical leave is provided under sub- 11 chapter V of chapter 63 of title 5 to employees, as defined 12 in section 6381(1) of such title.’’. 13 (2) APPLICABILITY.—The amendments made 14 by paragraph (1) shall not be effective with respect 15 to any event for which leave may be taken under 16 subchapter V of chapter 63 of title 5, United States 17 Code, occur [Text truncated for display. 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