What This Bill Does
This bill allows members of the reserve components of the Armed Forces to take parental leave when they adopt a child or place a child with them for long-term foster care. The bill updates pay and retirement rules so that reserve members get the same parental leave benefits as other service members.
Who It Affects
Members of reserve components of the Armed Forces who adopt children or place children with them for long-term foster care.
Key Provisions
* Reserve members can take six days of paid parental leave for each period they are on parental leave during the one-year period after a child's birth, adoption, or placement for long-term foster care (Sec. 2(a)(1))
* The Secretary of each military branch can allow members to take unused parental leave after the one-year period ends if the member would otherwise lose that leave due to operational requirements, military education obligations, or other reasonable circumstances (Sec. 2(a)(2))
* Any parental leave taken after the one-year period must be used within a reasonable timeframe decided by the Secretary of Defense (Sec. 2(a)(2))
* Parental leave now counts toward a reserve member's entitlement to retired pay, expanding the definition beyond maternity leave to include adoption and long-term foster care placement (Sec. 2(b) and 2(c))
What Changes
The law now treats parental leave from adoption and long-term foster care placement the same way it treats maternity leave for reserve service members. Reserve members can receive pay during this leave and count it toward their retirement benefits, just as active duty members can.
Important Definitions
* Parental leave: leave taken after birth or adoption of a child, or placement of a minor child for adoption or long-term foster care (Sec. 2(a)(1))
* Long-term foster care: Not specified in bill text
Effective Date
This law takes effect on the date it is signed into law and applies to parental leave that starts on or after that date (Sec. 2(d)).
I
118TH CONGRESS
1ST SESSION H. R. 2597
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 HOUSE OF REPRESENTATIVES
APRIL 13, 2023
Mr. JACKSON of North Carolina (for himself and Mr. NUNN of Iowa) intro-
duced the following bill; which was 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Reserve Component
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Parental Leave Parity Act’’.
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•HR 2597 IH
SEC. 2. PARENTAL LEAVE PARITY FOR MEMBERS OF RE-
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SERVE
COMPONENTS
OF
THE
ARMED
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FORCES.
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(a) COMPENSATION.—Section 206 of title 37, United
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States Code, is amended—
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(1) in subsection (a), by amending paragraph
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(4) to read as follows:
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‘‘(4) for each of six days for each period during
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which the member is on parental leave during—
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‘‘(A) the one-year period beginning after—
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‘‘(i) the birth or adoption of a child of
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the member; or
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‘‘(ii) the placement of a minor child
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with the member for adoption or long-term
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foster care; or
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‘‘(B) such other period as is provided for
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under subsection (g).’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(g)(1) The Secretary concerned, under uniform reg-
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ulations to be prescribed by the Secretary of Defense, may
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authorize leave described in subsection (a)(4) to be taken
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after the one-year period described in subparagraph (A)
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of that subsection in the case of a member described in
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subsection (a) who, except for this subsection, would lose
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•HR 2597 IH
unused parental leave at the end of that one-year period
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as a result of—
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‘‘(A) operational requirements;
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‘‘(B) professional military education obligations;
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or
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‘‘(C) other circumstances that the Secretary de-
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termines reasonable and appropriate.
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‘‘(2) The regulations prescribed under paragraph (1)
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shall require that any leave authorized to be taken after
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the one-year period described in subsection (a)(4)(A) shall
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be taken within a reasonable period of time, as determined
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by the Secretary of Defense, after cessation of the cir-
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cumstances warranting the extended deadline.’’.
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(b) CONTRIBUTION OF LEAVE TOWARD ENTITLE-
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MENT TO RETIRED PAY.—Section 12732(a)(2)(G) of title
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10, United States Code, is amended by striking ‘‘mater-
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nity leave.’’ and inserting the following: ‘‘parental leave
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following—
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‘‘(i) the birth or adoption of a child of
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the member; or
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‘‘(ii) the placement of a minor child
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with the member for adoption or long-term
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foster care.’’.
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(c) CREDIT FOR RETIRED PAY PURPOSES.—Section
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602(b) of the William M. (Mac) Thornberry National De-
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•HR 2597 IH
fense Authorization Act for Fiscal Year 2021 (Public Law
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116–283; 10 U.S.C. 12732 note) is amended—
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(1) in paragraph (1), by striking ‘‘maternity
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leave’’ and all that follows through ‘‘birth of a child’’
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and inserting ‘‘parental leave described in section
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12732(a)(2)(G) of title 10, United States Code,
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taken by a member of the reserve components of the
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Armed Forces’’;
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(2) in paragraph (2), by striking ‘‘maternity
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leave’’ and all that follows through ‘‘childbirth
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event’’ and inserting ‘‘parental leave taken by the
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member’’; and
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(3) in paragraph (3), by striking ‘‘maternity
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leave’’ each place it appears and inserting ‘‘parental
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leave’’.
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(d) EFFECTIVE DATE.—This section and the amend-
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ments made by this section shall take effect on the date
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of the enactment of this Act and apply with respect to
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periods of parental leave that commence on or after that
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date.
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Æ
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