Reserve Component Parental Leave Parity Act of 2023

Federal

Source: Congress.gov · 787 words in original text

What This Bill Does

This bill allows reserve members of the Armed Forces to take paid parental leave when they adopt a child or place a child with them for long-term foster care. The bill changes existing rules that only covered maternity leave (leave for mothers after giving birth) to include all types of parental leave for reserve military members.

Who It Affects

Members of reserve components of the Armed Forces who adopt children or receive children for long-term foster care placement.

Key Provisions

• Reserve members can take up to six days of paid parental leave for each period during the one-year period after adoption or long-term foster care placement of a child. (Sec. 2(a)) • The Secretary of Defense can allow members to take unused parental leave after the one-year period if they would lose it due to operational requirements, professional military education obligations, or other circumstances the Secretary considers reasonable and appropriate. (Sec. 2(a)) • Any parental leave taken after the one-year period must be taken within a reasonable time frame decided by the Secretary of Defense. (Sec. 2(a)) • Parental leave counts toward a reserve member's eligibility for retired pay, the same way maternity leave previously counted. (Sec. 2(b) and (c))

What Changes

The law changes references to "maternity leave" to "parental leave" in military compensation and retirement rules. This makes parental leave available to all members regardless of how they become parents (birth, adoption, or foster care placement) rather than only to mothers who give birth.

Important Definitions

The bill does not explicitly define key terms.

Effective Date

The bill takes effect on the date the bill becomes law and applies to parental leave periods that begin on or after that date. (Sec. 2(d))

II 118TH CONGRESS 1ST SESSION S. 1095 To authorize members of reserve components of the Armed Forces to take parental leave for the adoption or placement for long-term foster care of a child. IN THE SENATE OF THE UNITED STATES MARCH 30, 2023 Ms. HASSAN (for herself and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize members of reserve components of the Armed Forces to take parental leave for the adoption or place- ment for long-term foster care of a child. 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 ‘‘Reserve Component 4 Parental Leave Parity Act of 2023’’. 5 VerDate Sep 11 2014 06:00 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1095 IS SEC. 2. PARENTAL LEAVE PARITY FOR MEMBERS OF RE- 1 SERVE COMPONENTS OF THE ARMED 2 FORCES. 3 (a) COMPENSATION.—Section 206 of title 37, United 4 States Code, is amended— 5 (1) in subsection (a), by amending paragraph 6 (4) to read as follows: 7 ‘‘(4) for each of six days for each period during 8 which the member is on parental leave during— 9 ‘‘(A) the one-year period beginning after— 10 ‘‘(i) the birth or adoption of a child of 11 the member; or 12 ‘‘(ii) the placement of a minor child 13 with the member for adoption or long-term 14 foster care; or 15 ‘‘(B) such other period as is provided for 16 under subsection (g).’’; and 17 (2) by adding at the end the following new sub- 18 section: 19 ‘‘(g)(1) The Secretary concerned, under uniform reg- 20 ulations to be prescribed by the Secretary of Defense, may 21 authorize leave described in subsection (a)(4) to be taken 22 after the one-year period described in subparagraph (A) 23 of that subsection in the case of a member described in 24 subsection (a) who, except for this subsection, would lose 25 VerDate Sep 11 2014 06:00 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1095 IS unused parental leave at the end of that one-year period 1 as a result of— 2 ‘‘(A) operational requirements; 3 ‘‘(B) professional military education obligations; 4 or 5 ‘‘(C) other circumstances that the Secretary de- 6 termines reasonable and appropriate. 7 ‘‘(2) The regulations prescribed under paragraph (1) 8 shall require that any leave authorized to be taken after 9 the one-year period described in subsection (a)(4)(A) shall 10 be taken within a reasonable period of time, as determined 11 by the Secretary of Defense, after cessation of the cir- 12 cumstances warranting the extended deadline.’’. 13 (b) CONTRIBUTION OF LEAVE TOWARD ENTITLE- 14 MENT TO RETIRED PAY.—Section 12732(a)(2)(G) of title 15 10, United States Code, is amended by striking ‘‘mater- 16 nity leave.’’ and inserting the following: ‘‘parental leave 17 following— 18 ‘‘(i) the birth or adoption of a child of 19 the member; or 20 ‘‘(ii) the placement of a minor child 21 with the member for adoption or long-term 22 foster care.’’. 23 (c) CREDIT FOR RETIRED PAY PURPOSES.—Section 24 602(b) of the William M. (Mac) Thornberry National De- 25 VerDate Sep 11 2014 06:00 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1095 IS fense Authorization Act for Fiscal Year 2021 (Public Law 1 116–283; 10 U.S.C. 12732 note) is amended— 2 (1) in paragraph (1), by striking ‘‘maternity 3 leave’’ and all that follows through ‘‘birth of a child’’ 4 and inserting ‘‘parental leave described in section 5 12732(a)(2)(G) of title 10, United States Code, 6 taken by a member of the reserve components of the 7 Armed Forces’’; 8 (2) in paragraph (2), by striking ‘‘maternity 9 leave’’ and all that follows through ‘‘childbirth 10 event’’ and inserting ‘‘parental leave taken by the 11 member’’; and 12 (3) in paragraph (3), by striking ‘‘maternity 13 leave’’ each place it appears and inserting ‘‘parental 14 leave’’. 15 (d) EFFECTIVE DATE.—This section and the amend- 16 ments made by this section shall take effect on the date 17 of the enactment of this Act and apply with respect to 18 periods of parental leave that commence on or after that 19 date. 20 Æ VerDate Sep 11 2014 06:00 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1095.IS S1095 pbinns on DSKJLVW7X2PROD with $$_JOB

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