69–006 

110TH CONGRESS REPT. 110–624 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

FEDERAL EMPLOYEES PAID PARENTAL LEAVE ACT OF 

2008 

MAY 8, 2008.—Ordered to be printed 

Mr. WAXMAN, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 5781] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 5781) to provide that 8 of the 12 weeks 

of parental leave made available to a Federal employee shall be 

paid leave, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 4 

Background and Need for Legislation .................................................................... 4 

Legislative History .................................................................................................. 5 

Section-By-Section ................................................................................................... 5 

Explanation of Amendments ................................................................................... 6 

Committee Consideration ........................................................................................ 6 

Rollcall Votes ............................................................................................................ 6 

Application of Law to the Legislative Branch ....................................................... 10 

Statement of Oversight Findings and Recommendations of the Committee ...... 10 

Statement of General Performance Goals and Objectives .................................... 10 

Constitutional Authority Statement ...................................................................... 10 

Federal Advisory Committee Act ............................................................................ 10 

Unfunded Mandates Statement .............................................................................. 10 

Earmark Identification ............................................................................................ 11 

Budget Authority and Congressional Budget Office Cost Estimate .................... 11 

Changes in Existing Law Made by the Bill, as Reported ..................................... 14 

Exchange of Letters ................................................................................................. 18 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


wwoods2 on PRODPC68 with REPORTS
2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Federal Employees Paid Parental Leave Act of 

2008’’. 

SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. 

(a) AMENDMENT TO TITLE 5.—Subsection (d) of section 6382 of title 5, United 

States Code, is amended— (1) by redesignating such subsection as subsection (d)(1); 

(2) by striking ‘‘subparagraph (A), (B), (C), or’’ and inserting ‘‘subparagraph 

(C) or’’; and 

(3) by adding at the end the following: ‘‘(2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ‘‘(3) The paid leave that is available to an employee for purposes of paragraph (2) 

is— ‘‘(A) subject to paragraph (6), 4 administrative workweeks of paid parental 

leave under this subparagraph in connection with the birth or placement involved; and ‘‘(B) any annual or sick leave accrued or accumulated by such employee under 

subchapter I. ‘‘(4) Nothing in this subchapter shall be considered to require— ‘‘(A) that an employing agency provide paid sick leave in any situation in 

which such employing agency would not normally be required to provide such 

leave; or ‘‘(B) that an employee first use all or any portion of the leave described in 

subparagraph (B) of paragraph (3) before being allowed to use the paid parental 

leave described in subparagraph (A) of paragraph (3). ‘‘(5) Paid parental leave under paragraph (3)(A)— ‘‘(A) shall be payable from any appropriation or fund available for salaries or 

expenses for positions within the employing agency; ‘‘(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ‘‘(C) if not used by the employee before the end of the 12-month period (as 

referred to in subsection (a)(1)) to which it relates, shall not accumulate for any 

subsequent use. ‘‘(6) The Director of the Office of Personnel Management— ‘‘(A) may promulgate regulations to increase the amount of paid parental 

leave available to an employee under paragraph (3)(A), to a total of not more 

than 8 administrative workweeks, based on the consideration of the following 

factors: ‘‘(i) the benefits provided to the Federal government of offering paid parental leave, including enhanced recruitment and retention of employees; 

‘‘(ii) the cost to the Federal government of increasing the amount of paid 

parental leave that is available to employees; 

‘‘(iii) trends in the private sector and in State and local governments with 

respect to offering paid parental leave; 

‘‘(iv) the Federal government’s role as a model employer; and 

‘‘(v) such other factors as the Director considers necessary; and 

‘‘(B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4)(B), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid 

parental leave described in paragraph (3)(A).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section shall not be effective 

with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. 

SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. 

(a) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY ACT.—Section 202 of the 

Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended—

(1) in subsection (a)(1), by adding at the end the following: ‘‘In applying section 102(a)(1)(A) and (B) to covered employees, subsection (d) shall apply.’’; 

(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and 

(3) by inserting after subsection (c) the following: 

‘‘(d) SPECIAL RULE FOR PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.—

‘‘(1) SUBSTITUTION OF PAID LEAVE.—A covered employee taking leave without 

pay under subparagraphs (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any 

such leave any paid leave which is available to such employee for that purpose. 


wwoods2 on PRODPC68 with REPORTS
3 

‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave that is available to a covered 

employee for purposes of paragraph (1) is— ‘‘(A) the number of weeks of paid parental leave in connection with the 

birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under 

section 6382(d)(3)(A) of title 5, United States Code; and ‘‘(B) any additional paid vacation or sick leave provided by the employing 

office to such employee. ‘‘(3) LIMITATION.—Nothing in this section shall be considered to require— ‘‘(A) that an employing office provide paid sick leave in any situation in 

which such employing office would not normally be required to provide such 

leave; or ‘‘(B) that a covered employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use 

paid parental leave described in subparagraph (A) of paragraph (2). ‘‘(4) ADDITIONAL RULES.—Paid parental leave under paragraph (2)(A)— ‘‘(A) shall be payable from any appropriation or fund available for salaries 

or expenses for positions within the employing office; and ‘‘(B) if not used by the covered employee before the end of the 12-month 

period (as referred to in section 102(a)(1) of the Family and Medical Leave 

Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate 

for any subsequent use.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall not be effective 

with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. 

SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES. 

Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) 

is amended by adding at the end the following: ‘‘(3) SPECIAL RULE FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES.— ‘‘(A) SUBSTITUTION OF PAID LEAVE.—An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraphs (A) or (B) 

of subsection (a)(1) may elect to substitute for any such leave any paid 

leave which is available to such employee for that purpose. 

‘‘(B) AMOUNT OF PAID LEAVE.—The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of 

paragraph (1) is—

‘‘(i) the number of weeks of paid parental leave in connection with 

the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and 

‘‘(ii) any additional paid vacation or sick leave provided by such employer. 

‘‘(C) LIMITATION.—Nothing in this paragraph shall be considered to require—

‘‘(i) that an employer described in section 101(4)(A)(iv) provide paid 

sick leave in any situation in which such employer would not normally 

be required to provide such leave; or 

‘‘(ii) that an employee of such an employer first use all or any portion 

of the leave described in clause (ii) of subparagraph (B) before being allowed to use paid parental leave described in clause (i) of such subparagraph. 

‘‘(D) ADDITIONAL RULES.—Paid parental leave under subparagraph 

(B)(i)—

‘‘(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with employers described in section 

101(4)(A)(iv); and 

‘‘(ii) if not used by the employee of such employers before the end of 

the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.’’. 

SEC. 5. STUDY. 

(a) IN GENERAL.—Not later than 12 months after the date of the enactment of this 

Act, the Government Accountability Office shall study and submit to Congress a 

written report on the feasibility and desirability of providing an insurance benefit 

to Federal employees which affords partial or total wage replacement with respect 

to periods of qualified leave. 

(b) PERIOD OF QUALIFIED LEAVE.—For purposes of this section, the term ‘‘period 

of qualified leave’’, as used with respect to a Federal employee, means any period 


wwoods2 on PRODPC68 with REPORTS
4 

of leave under section 6382 of title 5, United States Code, which would otherwise 

be leave without pay, and which is available by reason of—

(1) the need to care for the spouse or a son, daughter, or parent of the employee having a serious health condition; or 

(2) a serious health condition affecting the employee that renders such employee unable to perform the functions of the employee’s position. 

(c) MATTERS FOR INCLUSION.—The report shall include, at a minimum, the following: 

(1) A brief description of any plans or arrangements under which similar benefits are currently provided to employees in this country (within the private sector or State or local government) or in other countries. 

(2) With respect to any plans or arrangements under which such benefits are 

currently provided to private or public sector employees in this country—

(A) the portion or percentage of wages typically replaced; 

(B) how those benefits are generally funded, including in terms of the employer and employee shares; 

(C) whether employee coverage is optional or automatic; and 

(D) any waiting period or other conditions which may apply. 

(3) Identification and assessment of any plans or arrangements described 

under the preceding provisions of this subsection (or any aspects thereof) which 

might be particularly relevant to designing the insurance benefit (described in 

subsection (a)) for Federal employees, including how such benefit might be coordinated with annual leave, sick leave, or any other paid leave available to an 

employee for the purpose involved. 

PURPOSE AND SUMMARY

H.R. 5781, the ‘‘Federal Employees Paid Parental Leave Act of 

2008,’’ was introduced on April 14, 2008 by Reps. Carolyn B. 

Maloney, Danny Davis, Tom Davis, George Miller, Steny Hoyer, 

Howard Berman, Elijah Cummings, Rosa Delauro, Keith Ellison, 

Chaka Fattah, Bob Filner, Kirsten Gillibrand, Al Green, Dennis 

Kucinich, John Lewis, Betty McCollum, James Moran, John Sarbanes, Janice Schakowsky, Jose Serrano, Chris Van Hollen and 

Lynn Woolsey. The Federal Employees Paid Parental Leave Act 

(FEPPLA) would amend section 6382 of title 5, U.S.C., the Congressional Accountability Act (CAA), and the Family and Medical 

Leave Act (FMLA), to provide 4 weeks of paid parental leave to federal and congressional employees for the birth or adoption of a 

child, out of the 12 weeks of unpaid leave that are currently available to them under the Family and Medical Leave Act. 

BACKGROUND AND NEED FOR LEGISLATION

Under existing law, most federal and congressional employees 

are entitled to a total of 12 workweeks of unpaid leave during any 

12-month period due to the birth or adoption of a child. Federal 

employees must currently use accrued annual or sick leave, if 

available, if they want to receive pay for any of the time that they 

are out on parental leave. This policy is particularly difficult for 

newer employees who have not accrued much leave or employees 

who have used up their leave. Many employees cannot afford to 

take unpaid leave, and are forced to choose between spending more 

time with their new child or maintaining an income to support 

their family. 

H.R. 5781, as amended, will help families by providing four 

weeks of paid parental leave to federal and congressional employees. In addition to the four weeks, employees will also be allowed 

to use any accrued annual or sick leave for parental leave. Unlike 

current law, employees using their sick leave for parental leave 

will not need to demonstrate a medical need for the leave. The bill 


wwoods2 on PRODPC68 with REPORTS
5 

also authorizes the Office of Personnel Management (OPM) to extend the parental leave period to up to eight weeks. Enactment of 

this measure will ensure that the federal government, as an employer, is providing the type of benefits offered to government 

workers in other industrialized countries. This family friendly 

measure will also have a positive impact on the ability of the federal government to attract and retain a highly qualified workforce. 

LEGISLATIVE HISTORY

H.R. 5781 was introduced on April 14, 2008, and referred to the 

Committees on Oversight and Government Reform and House Administration. 

The Subcommittee on Federal Workforce, Postal Service, and the 

District of Columbia considered H.R. 5781 on April 15, 2008, and 

approved the bill by voice vote. During Subcommittee consideration 

an amendment offered by Chairman Waxman to provide four 

weeks of paid parental leave, instead of the eight weeks in the 

original bill, was adopted by voice vote. 

The Committee considered H.R. 5781 on April 16, 2008, and ordered H.R. 5781, to be reported, as amended by a rollcall vote of 

21–10. 

SECTION-BY-SECTION

Sec. 1. Short title 

The short title of the bill is the Federal Employees Paid Parental 

Leave Act of 2008. 

Sec. 2. Paid parental leave under Title 5 

This section amends section 6382 of title 5, U.S.C., to provide 

paid parental leave to most federal employees. 

Under this section, covered employees would be permitted to substitute up to four workweeks of paid parental leave for any of the 

unpaid leave currently available for the birth or placement of a 

child. OPM would be allowed to promulgate regulations to increase 

the amount of paid parental leave to eight administrative workweeks. OPM would have to analyze the benefits and costs to the 

federal government and trends in the private sector, before doing 

so. Employees would also be permitted to use any accrued sick 

leave for parental leave without demonstrating medical necessity. 

Sec. 3. Paid parental leave For Congressional employees 

This section amends section 202 of the Congressional Accountability Act to provide paid parental leave, as described in section 

2, to congressional employees. 

Sec. 4. Conforming amendment to Family and Medical Leave Act 

for GAO and Library of Congress employees 

This section amends the FMLA to make paid parental leave benefits available to Government Accountability Office (GAO) and Library of Congress employees who are not otherwise covered by section 6382 of 5 U.S.C. and section 202 of the CAA. 


wwoods2 on PRODPC68 with REPORTS
6 

Sec. 5. Study 

This section directs the GAO to study and submit to Congress a 

written report of the ‘‘feasibility and desirability’’ of offering an insurance benefit to federal employees (not to include parental leave) 

that would provide wage replacement during periods related to a 

serious health conditions. 

EXPLANATION OF AMENDMENTS

Two amendments were offered during the Committee’s consideration of the bill. The first, offered by Rep. Issa, would have declared it the sense of Congress that any funding for parental leave 

should be payable from an agency’s existing appropriation. It was 

defeated on a rollcall vote 17 to 11. The second amendment, also 

offered by Rep. Issa, would have eliminated the provision to allow 

four administrative workweeks of paid leave following the birth or 

adoption of a child. It was defeated on a rollcall vote 20 to10. 

COMMITTEE CONSIDERATION

On Wednesday, April 16, 2008, the Committee met in open session and favorably ordered H.R. 5781, as amended, to be reported 

to the House by a rollcall vote. 

ROLLCALL VOTES

H.R. 5781 was reported favorably by the Committee on Oversight 

and Government Reform on a rollcall vote of 21–10. 


wwoods2 on PRODPC68 with REPORTS
7 


wwoods2 on PRODPC68 with REPORTSInsert offset folio 9 here HR624.001
8 


wwoods2 on PRODPC68 with REPORTSInsert offset folio 10 here HR624.002
9 


wwoods2 on PRODPC68 with REPORTSInsert offset folio 11 here HR624.003
10 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to terms and conditions of employment or access to public 

services and accommodations. 

Sections 3 and 4 of H.R. 5781 would apply to congressional and 

legislative branch employees by providing paid parental leave to 

the aforementioned employees. Further, section 5 of H.R 5781 

would require that GAO submit a report to Congress analyzing the 

‘‘feasibility and desirability’’ of offering an insurance benefit to federal employees that would provide wage replacement during periods related to serious health conditions. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report, including the need to provide 

federal and congressional employees with paid parental leave for 

the birth or adoption of a child. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report, including requiring executive and legislative branch agencies to provide employees with paid parental leave for the birth or adoption 

of a child. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 5781. Article I, section 8, clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., section 5(b). 

UNFUNDED MANDATES STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement on whether the 

provisions of the report include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 


wwoods2 on PRODPC68 with REPORTS
11 

EARMARK IDENTIFICATION

H.R. 5781 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

5781. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following cost estimate for H.R. 5781 

from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 5, 2008. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: As you requested, the Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5781, the 

Federal Employees Paid Parental Leave Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Barry Blom. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure 

H.R. 5781—Federal Employees Paid Parental Leave Act of 2008 

Summary: H.R. 5781 would amend title 5 of the United States 

Code, the Congressional Accountability Act, and the Family and 

Medical Leave Act of 1993 (FMLA) by creating a new category of 

leave under FMLA. This new category would provide four weeks of 

paid leave to federal employees following the birth, adoption, or fostering of a child. In addition, the legislation would permit the Office of Personnel Management (OPM) to increase the amount of 

paid leave provided to a total of eight weeks, based on the consideration of several factors such as the cost to the federal government 

and enhanced recruitment and retention of employees. 


wwoods2 on PRODPC68 with REPORTS
12 

Under current law, federal employees who have completed at 

least 12 months of service are entitled to up to 12 weeks of leave 

without pay after the birth, adoption, or fostering of a child. Upon 

return from such FMLA leave, an employee must be returned to 

the same position or to an ‘‘equivalent position with equivalent 

benefits, pay, status, and other terms and conditions of employment.’’ Employees may get paid during that 12-week period if they 

use annual or sick leave that they have accrued. The leave provided by this bill would be available only within the 12-week 

FMLA leave period. 

CBO estimates that implementing H.R. 5781 would cost $60 million in 2009, $190 million in 2010, and a total of $850 million over 

the 2009–2013 period, subject to the appropriation of the necessary 

funds. Enacting H.R. 5781 would not affect direct spending or receipts. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5781 is shown in the following table. The costs 

of this legislation would fall in all budget functions (except functions 900 and 950). 

By fiscal year, in millions of dollars 

2009 2010 2011 2012 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 60 190 195 200 205 

Estimated Outlays ......................................................................................... 55 190 195 200 205 

Basis of estimate: For this estimate, CBO assumes that H.R. 

5781 will be enacted by October 1, 2008, and that the necessary 

amounts for implementing it will be appropriated each year. Under 

the legislation, the new category of leave would become available 

six months after enactment (that is, around April 2009). As a result, the cost of the legislation in 2009 reflects implementation for 

only half of the year. After 2009, CBO has included in its estimate 

a 50 percent probability that OPM will use its authority to increase 

the amount of paid leave available from four weeks to eight weeks. 

Costs in future years are projected to grow with inflation. 

CBO assumes that the potential users of the new leave would be 

primarily the nearly 690,000 civilian employees who are between 

the ages of 20 and 44 and have been employed at least 12 months. 

(This figure excludes employees of the Postal Service because H.R. 

5781 amends title 5 of the United States Code, which does not 

apply to them.) 

Estimating an adoption rate based on data from the Department 

of Health and Human Services and applying birth rate information 

for the relevant age cohorts from the National Center on Health 

Statistics to the roughly 305,000 women eligible for the new leave 

yields about 17,700 women who might give birth or adopt in a 

given year. Based on average salary information for 2008 from 

OPM, CBO estimates that four weeks of paid leave—the maximum 

amount guaranteed by the bill—for female employees would cost 


wwoods2 on PRODPC68 with REPORTS
13 

between $2,600 (for those in the youngest age cohort) and $5,100 

(for those in the 40–44 age cohort). 

Assuming that nearly all of those women took the maximum 

amount of leave, CBO estimates the value of the leave to be about 

$70 million in the first year (if it were available for the entire 12- 

month period). 

Applying those same calculations to the 380,000 men in the affected age groups, CBO estimates that roughly 23,000 men would 

be eligible for the four weeks of paid leave, at an average cost of 

between $2,800 and $5,800 per employee. Assuming that eligible 

men would take the leave on average at about one-half the rate of 

women, CBO estimates that men would use another $50 million 

worth of leave in the first year (if it were available for the entire 

12-month period), bringing the total to $120 million in the first 

year. 

Since CBO assumes that the new leave would not be available 

until half-way through fiscal year 2009, the estimated cost of leave 

taken in the first year totals $60 million. Beyond 2009, CBO assumes a full year of availability and has included a 50 percent 

probability that OPM will increase the amount of paid leave available to employees. As a result, anticipated costs increase to $190 

million in 2010. (The 2010 costs would be $125 million if the benefit were kept at a maximum of four weeks.) 

The effects of this bill on the budget derive from the provision 

of a new form of paid leave. To the extent that such a new benefit 

enables people to take advantage of paid leave rather than taking 

leave without pay, the costs are clear. However, employees who 

would currently use annual or sick leave upon the birth, adoption, 

or fostering of a child might choose to use this new form of paid 

leave and save their accrued leave for a later date. CBO has no 

basis for estimating the magnitude of such substitution, but the deferral of annual and sick leave also represents a cost either in 

terms of increased availability of paid leave or cash payments upon 

separation. 

In addition, providing a more generous benefit to employees may 

enhance the federal government’s ability to retain employees after 

the birth or adoption of a child and thereby lower recruitment and 

training costs. CBO estimates that such potential savings are likely 

to be relatively small over the next five years. 

Finally, the legislation would require the Government Accountability Office to prepare a report within one year of enactment on 

the feasibility and desirability of providing an insurance benefit to 

federal employees that provides partial or total wage replacement 

for periods of family leave. Based on the cost of similar reports, 

CBO estimates that preparing and distributing the report would 

cost about $500,000 over the 2008–2009 period. 

Intergovernmental and private-sector impact: H.R. 5781 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: Barry Blom; Impact on 

state, local, and tribal governments: Elizabeth Cove; Impact on private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 


wwoods2 on PRODPC68 with REPORTS
14 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART E—ATTENDANCE AND LEAVE 

* * * * * * * 

CHAPTER 63—LEAVE 

* * * * * * * 

SUBCHAPTER V—FAMILY AND MEDICAL LEAVE 

* * * * * * * 

§ 6382. Leave requirement 

(a) * * * 

* * * * * * * 

(d)(1) An employee may elect to substitute for leave under øsubparagraph (A), (B), (C), or¿ subparagraph (C) or (D) of subsection 

(a)(1) any of the employee’s accrued or accumulated annual or sick 

leave under subchapter I for any part of the 12-week period of 

leave under such subsection, except that nothing in this subchapter 

shall require an employing agency to provide paid sick leave in any 

situation in which such employing agency would not normally provide any such paid leave. An employee may elect to substitute for 

leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 

26-week period of leave under such subsection. 

(2) An employee may elect to substitute for any leave without pay 

under subparagraph (A) or (B) of subsection (a)(1) any paid leave 

which is available to such employee for that purpose. 

(3) The paid leave that is available to an employee for purposes 

of paragraph (2) is—

(A) subject to paragraph (6), 4 administrative workweeks of 

paid parental leave under this subparagraph in connection with 

the birth or placement involved; and 

(B) any annual or sick leave accrued or accumulated by such 

employee under subchapter I. 

(4) Nothing in this subchapter shall be considered to require—

(A) that an employing agency provide paid sick leave in any 

situation in which such employing agency would not normally 

be required to provide such leave; or 


wwoods2 on PRODPC68 with REPORTS
15 

(B) that an employee first use all or any portion of the leave 

described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph 

(A) of paragraph (3). 

(5) Paid parental leave under paragraph (3)(A)— (A) shall be payable from any appropriation or fund available 

for salaries or expenses for positions within the employing agency; 

(B) shall not be considered to be annual or vacation leave for 

purposes of section 5551 or 5552 or for any other purpose; and 

(C) if not used by the employee before the end of the 12-month 

period (as referred to in subsection (a)(1)) to which it relates, 

shall not accumulate for any subsequent use. 

(6) The Director of the Office of Personnel Management— (A) may promulgate regulations to increase the amount of 

paid parental leave available to an employee under paragraph 

(3)(A), to a total of not more than 8 administrative workweeks, 

based on the consideration of the following factors: 

(i) the benefits provided to the Federal government of offering paid parental leave, including enhanced recruitment 

and retention of employees; 

(ii) the cost to the Federal government of increasing the 

amount of paid parental leave that is available to employees; 

(iii) trends in the private sector and in State and local 

governments with respect to offering paid parental leave; 

(iv) the Federal government’s role as a model employer; 

and 

(v) such other factors as the Director considers necessary; 

and 

(B) shall prescribe any regulations necessary to carry out this 

subsection, including, subject to paragraph (4)(B), the manner 

in which an employee may designate any day or other period 

as to which such employee wishes to use paid parental leave described in paragraph (3)(A). 

* * * * * * * 

CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 

* * * * * * * 

TITLE II—EXTENSION OF RIGHTS AND 

PROTECTIONS 

PART A—EMPLOYMENT DISCRIMINATION, 

FAMILY AND MEDICAL LEAVE, FAIR LABOR 

STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION 

* * * * * * * 


wwoods2 on PRODPC68 with REPORTS
16 

SEC. 202. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993. 

(a) FAMILY AND MEDICAL LEAVE RIGHTS AND PROTECTIONS PROVIDED.—

(1) IN GENERAL.—The rights and protections established by 

sections 101 through 105 of the Family and Medical Leave Act 

of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered 

employees. In applying section 102(a)(1)(A) and (B) to covered 

employees, subsection (d) shall apply. 

* * * * * * * 

(d) SPECIAL RULE FOR PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.—

(1) SUBSTITUTION OF PAID LEAVE.—A covered employee taking 

leave without pay under subparagraphs (A) or (B) of section 

102(a)(1) of the Family and Medical Leave Act of 1993 (29 

U.S.C. 2612(a)(1)) may elect to substitute for any such leave any 

paid leave which is available to such employee for that purpose. 

(2) AMOUNT OF PAID LEAVE.—The paid leave that is available 

to a covered employee for purposes of paragraph (1) is—

(A) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond 

to the number of administrative workweeks of paid parental leave available to Federal employees under section 

6382(d)(3)(A) of title 5, United States Code; and 

(B) any additional paid vacation or sick leave provided 

by the employing office to such employee. 

(3) LIMITATION.—Nothing in this section shall be considered 

to require—

(A) that an employing office provide paid sick leave in 

any situation in which such employing office would not 

normally be required to provide such leave; or 

(B) that a covered employee first use all or any portion 

of the leave described in subparagraph (B) of paragraph (2) 

before being allowed to use paid parental leave described in 

subparagraph (A) of paragraph (2). 

(4) ADDITIONAL RULES.—Paid parental leave under paragraph (2)(A)—

(A) shall be payable from any appropriation or fund 

available for salaries or expenses for positions within the 

employing office; and 

(B) if not used by the covered employee before the end of 

the 12-month period (as referred to in section 102(a)(1) of 

the Family and Medical Leave Act of 1993 (29 U.S.C. 

2612(a)(1))) to which it relates, shall not accumulate for 

any subsequent use. 

ø(d)¿ (e) REGULATIONS.— (1) * * * 

* * * * * * * 

ø(e)¿ (f) EFFECTIVE DATE.—

(1) * * * 

* * * * * * * 


wwoods2 on PRODPC68 with REPORTS
17 

FAMILY AND MEDICAL LEAVE ACT OF 1993 

TITLE I—GENERAL REQUIREMENTS 

FOR LEAVE 

* * * * * * * 

SEC. 102. LEAVE REQUIREMENT. 

(a) * * * 

* * * * * * * 

(d) RELATIONSHIP TO PAID LEAVE.— (1) * * * 

* * * * * * * 

(3) SPECIAL RULE FOR GAO AND LIBRARY OF CONGRESS EM- PLOYEES.— (A) SUBSTITUTION OF PAID LEAVE.—An employee of an 

employer described in section 101(4)(A)(iv) taking leave 

under subparagraphs (A) or (B) of subsection (a)(1) may 

elect to substitute for any such leave any paid leave which 

is available to such employee for that purpose. 

(B) AMOUNT OF PAID LEAVE.—The paid leave that is 

available to an employee of an employer described in section 101(4)(A)(iv) for purposes of paragraph (1) is—

(i) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of 

paid parental leave available to Federal employees 

under section 6382(d)(3)(A) of title 5, United States 

Code; and 

(ii) any additional paid vacation or sick leave provided by such employer. 

(C) LIMITATION.—Nothing in this paragraph shall be 

considered to require—

(i) that an employer described in section 101(4)(A)(iv) 

provide paid sick leave in any situation in which such 

employer would not normally be required to provide 

such leave; or 

(ii) that an employee of such an employer first use all 

or any portion of the leave described in clause (ii) of 

subparagraph (B) before being allowed to use paid parental leave described in clause (i) of such subparagraph. 

(D) ADDITIONAL RULES.—Paid parental leave under subparagraph (B)(i)—

(i) shall be payable from any appropriation or fund 

available for salaries or expenses for positions with employers described in section 101(4)(A)(iv); and 

(ii) if not used by the employee of such employers before the end of the 12-month period (as referred to in 

subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. 

* * * * * * * 


wwoods2 on PRODPC68 with REPORTS
18 


wwoods2 on PRODPC68 with REPORTSInsert graphic folio 24 HR624.004
19 


wwoods2 on PRODPC68 with REPORTSInsert graphic folio 25 HR624.005