I

103D CONGRESS

2D SESSION H. R. 4361

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 5, 1994

Ms. NORTON introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

A BILL

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’’.
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1 SEC. 2. USE OF SICK LEAVE TO CARE FOR A FAMILY MEM2 BER.

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 to give care or otherwise

14 attend to a family member of the employee having an ill15 ness, injury, or other condition which, if an employee had

16 such condition, would justify the use of sick leave by such

17 an employee.

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

19 3-year period that begins upon the expiration of the 2-

20 month period that begins on the date of the enactment

21 of this subsection.

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

23 which this subsection is scheduled to cease to be effective,

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

25 shall evaluate the operation of this subsection and make
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1 recommendations as to whether or not this subsection

2 should be continued beyond such date.’’.

3 SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY

4 MEMBERS.

5 (a) AUTHORITY.—

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

7 63 of title 5, United States Code, is amended by in8 serting after section 6337 the following:

9 ‘‘§ 6337a. Authority relating to transfers between fam10 ily members

11 ‘‘(a) The Office of Personnel Management shall mod12 ify the program established by it under the other provi13 sions of this subchapter such that, in addition to any cir14 cumstance in which a transfer of annual leave would be

15 permitted under those other provisions, such a transfer

16 could also be made in the absence of any medical emer17 gency, but only if the transfer is from an employee to a

18 family member of the employee.

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

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

21 subchapter shall also apply with respect to any transfer

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

23 provided in this section.

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

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

2 employee (complete with such evidence of relationship as

3 may be required) from whom the applicant wishes to re4 ceive leave.

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

6 section 6333, and the exhaustion requirement under sub7 section (b) of such section, shall not apply for purposes

8 of this section.

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

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

11 the leave transfer would cause the total amount of annual

12 leave available to such employee to exceed 240 hours.

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

14 purposes of this section, the Office may by regulation re15 quire the inclusion of such information, on any application

16 to which such section relates, as may be necessary to fa17 cilitate the administration of this section.

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

19 apply for purposes of this section, except to the extent re20 quired under subsection (g)(2).

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

22 of law cited in section 6335(b)(2) with respect to any em23 ployee to whom a transfer of leave is made under this sec24 tion in the year in which the separation or other event

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

2 such payment is computed shall be equal to the total

3 amount which would otherwise apply, reduced by the net

4 amount of leave received by such employee in such year

5 under this section, but not below zero.

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

7 amount of leave received under this section by an employee

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

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

10 this section by such employee in such year, exceeds

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

12 this section from such employee by any other em13 ployee in such year,

14 if at all.

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

16 or not an employee is a family member of another em17 ployee shall be made using the definition under section

18 6307(d).

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

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

21 section to any other employee if—

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

23 other employee under section 6333 has been ap24 proved with respect to a medical emergency; and
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1 ‘‘(2) such medical emergency has not yet termi2 nated (as determined in accordance with section

3 6335).

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

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

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

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

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

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

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

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

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

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

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

15 shall evaluate the operation of this section and make rec16 ommendations as to whether or not this section should be

17 continued beyond such date.’’.

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

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

20 amended by inserting after the item relating to sec21 tion 6337 the following:

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

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

23 title 5, United States Code, is amended by striking ‘‘emer24 gency.’’ and inserting ‘‘emergency, or to the extent such

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