Federal Worker Leave Fairness Act of 2020

II 116TH CONGRESS 2D SESSION S. 4777 To restore leave lost by Federal employees during certain public health emergencies, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Ms. HIRONO (for herself, Mr. BROWN, Mrs. MURRAY, Mr. SANDERS, Ms. DUCKWORTH, Mr. SCHATZ, Mr. CARDIN, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To restore leave lost by Federal employees during certain public health emergencies, 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 ‘‘Federal Worker Leave 4 Fairness Act of 2020’’. 5 SEC. 2. RESTORATION OF LEAVE. 6 (a) DEFINITIONS.—In this section— 7 (1) the term ‘‘agency’’ means each agency, of- 8 fice, or other establishment in the executive, legisla- 9 VerDate Sep 11 2014 03:42 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4777.IS S4777 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4777 IS tive, or judicial branch of the Federal Government, 1 including— 2 (A) the Federal Aviation Administration; 3 (B) the Transportation Security Adminis- 4 tration; 5 (C) the Department of Veterans Affairs; 6 (D) the United States Postal Service; 7 (E) the Postal Regulatory Commission; 8 (F) the Library of Congress; and 9 (G) the Government Accountability Office; 10 and 11 (2) the term ‘‘employee’’— 12 (A) means an employee of an agency; and 13 (B) includes— 14 (i) a covered employee, as that term is 15 defined in section 101 of the Congressional 16 Accountability Act of 1995 (2 U.S.C. 17 1301), other than an applicant for employ- 18 ment; 19 (ii) a covered employee, as that term 20 is defined in section 411(c) of title 3, 21 United States Code; 22 (iii) an employee of the Department of 23 Veterans Affairs, including an employee 24 appointed under chapter 74 of title 38, 25 VerDate Sep 11 2014 03:42 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4777.IS S4777 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4777 IS United States Code, without regard to 1 whether section 7421(a) of that title, sec- 2 tion 7425(b) of that title, or any other pro- 3 vision of chapter 74 of that title is incon- 4 sistent with that inclusion; 5 (iv) an employee of the Transpor- 6 tation Security Administration, including 7 an employee under section 111(d) of the 8 Aviation and Transportation Security Act 9 (49 U.S.C. 44935 note); 10 (v) a Foreign Service officer; 11 (vi) an employee of the Diplomatic Se- 12 curity Service of the Department of State; 13 and 14 (vii) any other individual occupying a 15 position in the civil service, as that term is 16 defined in section 2101(1) of title 5, 17 United States Code. 18 (b) RESTORATION OF LEAVE.—Any leave lost by an 19 employee during a pandemic declared to be a nationwide 20 public health emergency under section 319 of the Public 21 Health Service Act (42 U.S.C. 247d) because the amount 22 of the leave accumulated by the employee would have been 23 in excess of the maximum amount that may be accumu- 24 lated by the employee under any provision of law or policy 25 VerDate Sep 11 2014 03:42 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4777.IS S4777 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4777 IS (including under section 6304 of title 5, United States 1 Code) shall be restored to the employee. 2 (c) APPLICABILITY.—Subsection (b) shall apply to 3 any leave lost on or after the date of enactment of this 4 Act. 5 Æ VerDate Sep 11 2014 03:42 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4777.IS S4777 kjohnson on DSK79L0C42PROD with BILLS