IIA

103D CONGRESS

2D SESSION H. R. 4361

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 12), 1994

Received

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Governmental Affairs

AN ACT

To amend title 5, United States Code, to provide that an

employee of the Federal Government may use sick leave

to attend to the medical needs of a family member;

to modify the voluntary leave transfer program with respect to employees who are members of the same family;

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employees

5 Family Friendly Leave Act’’.
2

•HR 4361 RFS

1 SEC. 2. USE OF SICK LEAVE FOR PURPOSES RELATING TO

2 A FAMILY MEMBER.

3 Section 6307 of title 5, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(d)(1) For the purpose of this subsection, the term

6 ‘family member’ shall have such meaning as the Office of

7 Personnel Management shall by regulation prescribe, ex8 cept that such term shall include any individual who meets

9 the definition given that term, for purposes of the leave

10 transfer program under subchapter III, under regulations

11 prescribed by the Office (as in effect on January 1, 1994).

12 ‘‘(2) In addition to any other allowable purpose, sick

13 leave may be used by an employee—

14 ‘‘(A) to give care or otherwise attend to a fam15 ily member having an illness, injury, or other condi16 tion which, if an employee had such condition, would

17 justify the use of sick leave by such an employee; or

18 ‘‘(B) for purposes relating to the death of a

19 family member, including to make arrangements for

20 or attend the funeral of such family member.

21 ‘‘(3)(A) This subsection shall be effective during the

22 3-year period that begins upon the expiration of the 2-

23 month period that begins on the date of the enactment

24 of this subsection.

25 ‘‘(B) Not later than 6 months before the date as of

26 which this subsection is scheduled to cease to be effective,
3

•HR 4361 RFS

1 the Office shall submit a report to Congress in which it

2 shall evaluate the operation of this subsection and make

3 recommendations as to whether or not this subsection

4 should be continued beyond such date.’’.

5 SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY

6 MEMBERS.

7 (a) AUTHORITY.—

8 (1) IN GENERAL.—Subchapter III of chapter

9 63 of title 5, United States Code, is amended by in10 serting after section 6337 the following:

11 ‘‘§ 6337a. Authority relating to transfers between fam12 ily members

13 ‘‘(a) The Office of Personnel Management shall mod14 ify the program established by it under the other provi15 sions of this subchapter such that, in addition to any cir16 cumstance in which a transfer of annual leave would be

17 permitted under those other provisions, such a transfer

18 could also be made in the absence of any medical emer19 gency, but only if the transfer is from an employee to a

20 family member of the employee.

21 ‘‘(b) The terms and conditions applicable with respect

22 to any transfer of leave under such other provisions of this

23 subchapter shall also apply with respect to any transfer

24 of leave under this section, except to the extent otherwise

25 provided in this section.
4

•HR 4361 RFS

1 ‘‘(c)(1) An application to receive any transfer of leave

2 under this section shall, in addition to providing the infor3 mation specified in section 6333(a)(1)(B)(i), identify the

4 employee (complete with such evidence of relationship as

5 may be required) from whom the applicant wishes to re6 ceive leave.

7 ‘‘(2) Subsections (a)(1)(B)(ii)-(iii), (a)(2), and (c) of

8 section 6333, and the exhaustion requirement under sub9 section (b) of such section, shall not apply for purposes

10 of this section.

11 ‘‘(3) An employee shall not be eligible to receive a

12 transfer of leave under this section if or to the extent that

13 the leave transfer would cause the total amount of annual

14 leave available to such employee to exceed 240 hours.

15 ‘‘(d) In connection with applying section 6334 for

16 purposes of this section, the Office may by regulation re17 quire the inclusion of such information, on any application

18 to which such section relates, as may be necessary to fa19 cilitate the administration of this section.

20 ‘‘(e)(1) Sections 6335, 6336, and 6337 shall not

21 apply for purposes of this section, except to the extent re22 quired under subsection (g)(2).

23 ‘‘(2)(A) For purposes of carrying out the provisions

24 of law cited in section 6335(b)(2) with respect to any em25 ployee to whom a transfer of leave is made under this sec-
5

•HR 4361 RFS

1 tion in the year in which the separation or other event

2 (constituting the basis for the lump-sum payment in3 volved) occurs, the total amount of leave based on which

4 such payment is computed shall be equal to the total

5 amount which would otherwise apply, reduced by the net

6 amount of leave received by such employee in such year

7 under this section, but not below zero.

8 ‘‘(B) For the purpose of subparagraph (A), the net

9 amount of leave received under this section by an employee

10 in a year shall be equal to the amount by which—

11 ‘‘(i) the total amount of leave received under

12 this section by such employee in such year, exceeds

13 ‘‘(ii) the total amount of leave received under

14 this section from such employee by any other em15 ployee in such year,

16 if at all.

17 ‘‘(f) A determination under this section as to whether

18 or not an employee is a family member of another em19 ployee shall be made using the definition under section

20 6307(d).

21 ‘‘(g) Nothing in this section shall be considered to

22 permit an employee to make a transfer of leave under this

23 section to any other employee if—
6

•HR 4361 RFS

1 ‘‘(1) an application by or on behalf of such

2 other employee under section 6333 has been ap3 proved with respect to a medical emergency; and

4 ‘‘(2) such medical emergency has not yet termi5 nated (as determined in accordance with section

6 6335).

7 ‘‘(h)(1) Transfers of leave under this section may be

8 made during the 3-year period which begins at the start

9 of the first year beginning at least 60 days after the date

10 of the enactment of this section. The beginning and ending

11 dates of such 3-year period shall be fixed by the Office,

12 in a manner consistent with section 6304, by regulation.

13 ‘‘(2) This section shall cease to be effective at the

14 end of the 3-year period described in paragraph (1).

15 ‘‘(3) Not later than 6 months before the date as of

16 which this section is scheduled to cease to be effective,

17 the Office shall submit a report to Congress in which it

18 shall evaluate the operation of this section and make rec19 ommendations as to whether or not this section should be

20 continued beyond such date.’’.

21 (2) TABLE OF SECTIONS.—The table of sections

22 for chapter 63 of title 5, United States Code, is

23 amended by inserting after the item relating to sec24 tion 6337 the following:

‘‘6337a. Authority relating to transfers between family members.’’.
7

•HR 4361 RFS

1 (b) EXCEPTED AGENCIES.—Section 6339(c)(1) of

2 title 5, United States Code, is amended by striking ‘‘emer3 gency.’’ and inserting ‘‘emergency, or to the extent such

4 a transfer would be allowable under section 6337a.’’.

Passed the House of Representatives September 19,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.