Union Calendar No. 399

103D CONGRESS

2D SESSION H. R. 4361

[Report No. 103–722]

A BILL

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

SEPTEMBER 19, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 399

103D CONGRESS

2D SESSION H. R. 4361

[Report No. 103–722]

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

SEPTEMBER 19, 1994

Additional sponsors: Mrs. MORELLA, Mr. MINETA, and Mr. HOYER

SEPTEMBER 19, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

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 re-
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spect 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’’.

6 SEC. 2. USE OF SICK LEAVE TO CARE FOR A FAMILY MEM7 BER.

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

9 A FAMILY MEMBER.

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

11 amended by adding at the end the following:

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

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

14 Personnel Management shall by regulation prescribe, ex15 cept that such term shall include any individual who meets

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

17 transfer program under subchapter III, under regulations

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

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

20 leave may be used by an employee to give care or otherwise

21 attend to a family member of the employee having an ill22 ness, injury, or other condition which, if an employee had

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

24 an employee.
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1 ‘‘(2) In addition to any other allowable purpose, sick

2 leave may be used by an employee—

3 ‘‘(A) to give care or otherwise attend to a family

4 member having an illness, injury, or other condition

5 which, if an employee had such condition, would jus6 tify the use of sick leave by such an employee; or

7 ‘‘(B) for purposes relating to the death of a fam8 ily member, including to make arrangements for or

9 attend the funeral of such family member.

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

11 3-year period that begins upon the expiration of the 2-

12 month period that begins on the date of the enactment

13 of this subsection.

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

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

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

17 shall evaluate the operation of this subsection and make

18 recommendations as to whether or not this subsection

19 should be continued beyond such date.’’.

20 SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY

21 MEMBERS.

22 (a) AUTHORITY.—

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

24 63 of title 5, United States Code, is amended by in25 serting after section 6337 the following:
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1 ‘‘§ 6337a. Authority relating to transfers between fam2 ily members

3 ‘‘(a) The Office of Personnel Management shall mod4 ify the program established by it under the other provi5 sions of this subchapter such that, in addition to any cir6 cumstance in which a transfer of annual leave would be

7 permitted under those other provisions, such a transfer

8 could also be made in the absence of any medical emer9 gency, but only if the transfer is from an employee to a

10 family member of the employee.

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

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

13 subchapter shall also apply with respect to any transfer

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

15 provided in this section.

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

17 under this section shall, in addition to providing the infor18 mation specified in section 6333(a)(1)(B)(i), identify the

19 employee (complete with such evidence of relationship as

20 may be required) from whom the applicant wishes to re21 ceive leave.

22 ‘‘(2) Subsections (a)(1)(B)(ii)–(iii), (a)(2), and (c) of

23 section 6333, and the exhaustion requirement under sub24 section (b) of such section, shall not apply for purposes

25 of this section.
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1 ‘‘(3) An employee shall not be eligible to receive a

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

3 the leave transfer would cause the total amount of annual

4 leave available to such employee to exceed 240 hours.

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

6 purposes of this section, the Office may by regulation re7 quire the inclusion of such information, on any application

8 to which such section relates, as may be necessary to fa9 cilitate the administration of this section.

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

11 apply for purposes of this section, except to the extent re12 quired under subsection (g)(2).

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

14 of law cited in section 6335(b)(2) with respect to any em15 ployee to whom a transfer of leave is made under this sec16 tion in the year in which the separation or other event

17 (constituting the basis for the lump-sum payment in18 volved) occurs, the total amount of leave based on which

19 such payment is computed shall be equal to the total

20 amount which would otherwise apply, reduced by the net

21 amount of leave received by such employee in such year

22 under this section, but not below zero.

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

24 amount of leave received under this section by an employee

25 in a year shall be equal to the amount by which—
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1 ‘‘(i) the total amount of leave received under

2 this section by such employee in such year, exceeds

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

4 this section from such employee by any other em5 ployee in such year,

6 if at all.

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

8 or not an employee is a family member of another em9 ployee shall be made using the definition under section

10 6307(d).

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

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

13 section to any other employee if—

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

15 other employee under section 6333 has been ap16 proved with respect to a medical emergency; and

17 ‘‘(2) such medical emergency has not yet termi18 nated (as determined in accordance with section

19 6335).

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

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

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

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

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

25 in a manner consistent with section 6304, by regulation.
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1 ‘‘(2) This section shall cease to be effective at the

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

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

4 which this section 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 section and make rec7 ommendations as to whether or not this section should be

8 continued beyond such date.’’.

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

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

11 amended by inserting after the item relating to sec12 tion 6337 the following:

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

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

14 title 5, United States Code, is amended by striking ‘‘emer15 gency.’’ and inserting ‘‘emergency, or to the extent such

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