103D CONGRESS

2D SESSION H. R. 4361

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,
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1 SECTION 1. SHORT TITLE.

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

3 Family Friendly Leave Act’’.

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

5 A FAMILY MEMBER.

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

7 amended by adding at the end the following:

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

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

10 Personnel Management shall by regulation prescribe, ex11 cept that such term shall include any individual who meets

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

13 transfer program under subchapter III, under regulations

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

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

16 leave may be used by an employee—

17 ‘‘(A) to give care or otherwise attend to a fam18 ily member having an illness, injury, or other condi19 tion which, if an employee had such condition, would

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

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

22 family member, including to make arrangements for

23 or attend the funeral of such family member.

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

25 3-year period that begins upon the expiration of the 2-
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1 month period that begins on the date of the enactment

2 of this subsection.

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

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

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

6 shall evaluate the operation of this subsection and make

7 recommendations as to whether or not this subsection

8 should be continued beyond such date.’’.

9 SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY

10 MEMBERS.

11 (a) AUTHORITY.—

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

13 63 of title 5, United States Code, is amended by in14 serting after section 6337 the following:

15 ‘‘§ 6337a. Authority relating to transfers between fam16 ily members

17 ‘‘(a) The Office of Personnel Management shall mod18 ify the program established by it under the other provi19 sions of this subchapter such that, in addition to any cir20 cumstance in which a transfer of annual leave would be

21 permitted under those other provisions, such a transfer

22 could also be made in the absence of any medical emer23 gency, but only if the transfer is from an employee to a

24 family member of the employee.
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1 ‘‘(b) The terms and conditions applicable with respect

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

3 subchapter shall also apply with respect to any transfer

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

5 provided in this section.

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

7 under this section shall, in addition to providing the infor8 mation specified in section 6333(a)(1)(B)(i), identify the

9 employee (complete with such evidence of relationship as

10 may be required) from whom the applicant wishes to re11 ceive leave.

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

13 section 6333, and the exhaustion requirement under sub14 section (b) of such section, shall not apply for purposes

15 of this section.

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

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

18 the leave transfer would cause the total amount of annual

19 leave available to such employee to exceed 240 hours.

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

21 purposes of this section, the Office may by regulation re22 quire the inclusion of such information, on any application

23 to which such section relates, as may be necessary to fa24 cilitate the administration of this section.
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1 ‘‘(e)(1) Sections 6335, 6336, and 6337 shall not

2 apply for purposes of this section, except to the extent re3 quired under subsection (g)(2).

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

5 of law cited in section 6335(b)(2) with respect to any em6 ployee to whom a transfer of leave is made under this sec7 tion in the year in which the separation or other event

8 (constituting the basis for the lump-sum payment in9 volved) occurs, the total amount of leave based on which

10 such payment is computed shall be equal to the total

11 amount which would otherwise apply, reduced by the net

12 amount of leave received by such employee in such year

13 under this section, but not below zero.

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

15 amount of leave received under this section by an employee

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

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

18 this section by such employee in such year, exceeds

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

20 this section from such employee by any other em21 ployee in such year,

22 if at all.

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

24 or not an employee is a family member of another em-
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1 ployee shall be made using the definition under section

2 6307(d).

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

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

5 section to any other employee if—

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

7 other employee under section 6333 has been ap8 proved with respect to a medical emergency; and

9 ‘‘(2) such medical emergency has not yet termi10 nated (as determined in accordance with section

11 6335).

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

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

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

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

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

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

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

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

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

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

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

23 shall evaluate the operation of this section and make rec24 ommendations as to whether or not this section should be

25 continued beyond such date.’’.
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1 (2) TABLE OF SECTIONS.—The table of sections

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

3 amended by inserting after the item relating to sec4 tion 6337 the following:

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

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

6 title 5, United States Code, is amended by striking ‘‘emer7 gency.’’ and inserting ‘‘emergency, or to the extent such

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

Passed the House of Representatives September 19,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4361

AN ACT

To amend title 5, United States Code, to provide

other purposes.who are members of the same family; and forleave transfer program with respect to employeesof a family member; to modify the voluntarymay use sick leave to attend to the medical needsthat an employee of the Federal Government