I 

116TH CONGRESS 

2D SESSION H. R. 8541 

To help ensure that COVID–19 does not prevent disabled veterans from 

using the medical treatment leave to which such veterans are entitled, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2020 

Mr. KILMER (for himself, Mr. FITZPATRICK, and Mr. CONNOLLY) introduced 

the following bill; which was referred to the Committee on Oversight and 

Reform 

A BILL 

To help ensure that COVID–19 does not prevent disabled 

veterans from using the medical treatment leave to which 

such veterans are entitled, 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. DISABLED VETERAN LEAVE EXTENSION AND 

4 RESTORATION. 

5 (a) IN GENERAL.—The period during which a cov6 ered employee is entitled to leave under section 6329(a) 

7 of title 5, United States Code, shall be the 24-month pe8 riod beginning on the first day of employment of such em9 ployee. 


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1 (b) LEAVE FORFEITURE.— 

2 (1) IN GENERAL.—Notwithstanding subsection 

3 (b)(2) of section 6329 of title 5, United States Code, 

4 leave to which subsection (a) applies shall be for5 feited and may not be carried over if such leave is 

6 not used during the 24-month period described in 

7 such subsection. 

8 (2) OTHER FORFEITURE RULE INAPPLI9 CABLE.—Any leave credited to a covered employee 

10 that has not been forfeited prior to the date of the 

11 enactment of this Act by operation of section 

12 6329(b)(2) of title 5, United States Code, shall not 

13 be forfeited by operation of such section. 

14 (c) PREVIOUSLY FORFEITED LEAVE RESTORED.— 

15 (1) IN GENERAL.—Leave credited to a covered 

16 employee that was forfeited by operation of section 

17 6329(b)(2) of title 5, United States Code, shall be 

18 made available to such employee in accordance with 

19 paragraph (3) and to the extent it was so forfeited 

20 if— 

21 (A) such employee did not use such leave 

22 prior to forfeiture because medical treatment 

23 from a Veterans Affairs medical provider for 

24 the related disability was not reasonably avail25 able due to COVID–19, as determined by the 


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1 Director of the Veterans Integrated Service 

2 Network in which such employee resided on the 

3 date of such forfeiture; and 

4 (B) such employee would be entitled to 

5 leave under section 6329(a) of title 5, United 

6 States Code, if the date on which leave would 

7 be made available under this paragraph was the 

8 first day of employment of such employee. 

9 (2) RESTORED LEAVE AVAILABILITY.—Leave 

10 made available to a covered employee under para11 graph (1) shall remain available to such employee 

12 until the date that is 12 months after the date on 

13 which such leave was forfeited by operation of sec14 tion 6329(b)(2) of title 5, United States Code. 

15 (3) APPLICATION.—A covered employee that 

16 seeks leave to be made available under paragraph 

17 (1) shall submit to the head of the agency employing 

18 such employee a request, in such form and manner 

19 as the Director of the Office of Personnel Manage20 ment may prescribe, for such leave. 

21 (4) TREATMENT OF RESTORED LEAVE.—Except 

22 as provided in this subsection, leave made available 

23 under this subsection shall be treated in the same 

24 manner as leave credited to an employee under sec25 tion 6329 of title 5, United States Code. 


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1 (d) RULE OF CONSTRUCTION.—Subsection (a) shall 

2 not be construed as modifying or otherwise affecting the 

3 rights of any covered employee with respect to leave for4 feited prior to the date of the enactment of this Act by 

5 operation of section 6329(b)(2) of title 5, United States 

6 Code. 

7 (e) DEFINITIONS.—In this Act: 

8 (1) COVERED EMPLOYEE.—The term ‘‘covered 

9 employee’’ means an employee described in section 

10 6329(a) of title 5, United States Code, whose first 

11 day of employment is during the covered period. 

12 (2) COVERED PERIOD.—The term ‘‘covered pe13 riod’’ means the period beginning on March 1, 2019, 

14 and ending on June 1, 2021. 

15 (3) RELATED DISABILITY.—The term ‘‘related 

16 disability’’ means the disability for which a covered 

17 employee is entitled to the leave referred to in sub18 section (a). 

19 (4) VETERANS AFFAIRS MEDICAL PROVIDER.— 

20 The term ‘‘Veterans Affairs medical provider’’ 

21 means any— 

22 (A) medical facility of the Department of 

23 Veterans Affairs that furnishes medical care or 

24 services; or 


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1 (B) non-Department of Veterans Affairs 

2 health care provider who provides medical care 

3 or services to veterans under the laws adminis4 tered by the Secretary of Veterans Affairs. 

Æ 


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