I 

116TH CONGRESS 

2D SESSION H. R. 8457 

To restore leave lost by Federal employees during certain public health 

emergencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2020 

Mr. KILMER (for himself, Ms. WEXTON, Mr. BEYER, Mr. CASE, and Mr. CONNOLLY) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on 

House Administration, and the Judiciary, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To restore leave lost by Federal employees during certain 

public health emergencies, 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 Worker Leave 

5 Fairness Act of 2020’’. 

6 SEC. 2. RESTORATION OF LEAVE. 

7 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ means each agency, of2 fice, or other establishment in the executive, legisla3 tive, or judicial branch of the Federal Government, 

4 including— 

5 (A) the Federal Aviation Administration; 

6 (B) the Transportation Security Adminis7 tration; 

8 (C) the Department of Veterans Affairs; 

9 (D) the United States Postal Service; 

10 (E) the Postal Regulatory Commission; 

11 (F) the Library of Congress; and 

12 (G) the Government Accountability Office; 

13 and 

14 (2) the term ‘‘employee’’— 

15 (A) means an employee of an agency; and 

16 (B) includes— 

17 (i) a covered employee, as that term is 

18 defined in section 101 of the Congressional 

19 Accountability Act of 1995 (2 U.S.C. 

20 1301), other than an applicant for employ21 ment; 

22 (ii) a covered employee, as that term 

23 is defined in section 411(c) of title 3, 

24 United States Code; 


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1 (iii) an employee of the Department of 

2 Veterans Affairs, including an employee 

3 appointed under chapter 74 of title 38, 

4 United States Code, without regard to 

5 whether section 7421(a) of that title, sec6 tion 7425(b) of that title, or any other pro7 vision of chapter 74 of that title is incon8 sistent with that inclusion; 

9 (iv) an employee of the Transpor10 tation Security Administration, including 

11 an employee under section 111(d) of the 

12 Aviation and Transportation Security Act 

13 (49 U.S.C. 44935 note); 

14 (v) a Foreign Service officer; 

15 (vi) an employee of the Diplomatic Se16 curity Service of the Department of State; 

17 and 

18 (vii) any other individual occupying a 

19 position in the civil service, as that term is 

20 defined in section 2101(1) of title 5, 

21 United States Code. 

22 (b) RESTORATION OF LEAVE.—Any leave lost by an 

23 employee during a pandemic declared to be a nationwide 

24 public health emergency under section 319 of the Public 

25 Health Service Act (42 U.S.C. 247d) because the amount 


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1 of the leave accumulated by the employee would have been 

2 in excess of the maximum amount that may be accumu3 lated by the employee under any provision of law or policy 

4 (including under section 6304 of title 5, United States 

5 Code) shall be restored to the employee. 

6 (c) APPLICABILITY.—Subsection (b) shall apply to 

7 any leave lost on or after the date of enactment of this 

8 Act. 

Æ 


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