I 

110TH CONGRESS 

2D SESSION H. R. 5718 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2008 

Mrs. MALONEY of New York (for herself, Mr. DAVIS of Illinois, Mr. HOYER, 

Mr. GEORGE MILLER of California, Mr. TOM DAVIS of Virginia, Ms. 

WOOLSEY, Mr. BERMAN, Ms. DELAURO, Mr. ELLISON, Mr. FATTAH, Mr. 

FILNER, Mrs. GILLIBRAND, Mr. LEWIS of Georgia, Ms. MCCOLLUM of 

Minnesota, Mr. MORAN of Virginia, Mr. SARBANES, Ms. SCHAKOWSKY, 

Mr. SERRANO, Mr. VAN HOLLEN, Mr. CUMMINGS, Mr. AL GREEN of 

Texas, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in 

addition to the Committees on House Administration and Education and 

Labor, 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 provide that 8 of the 12 weeks of parental leave made 

available to a Federal employee shall be paid leave, 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 Paid Parental Leave Act of 2008’’. 


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1 SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. 

2 (a) AMENDMENT TO TITLE 5.—Subsection (d) of sec3 tion 6382 of title 5, United States Code, is amended— 

4 (1) by redesignating such subsection as sub5 section (d)(1); 

6 (2) by striking ‘‘subparagraphs (A), (B), (C), 

7 and’’ and inserting ‘‘subparagraphs (C) and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(2) An employee may elect to substitute for any 

10 leave without pay under subparagraph (A) or (B) of sub11 section (a)(1) any paid leave which is available to such 

12 employee for that purpose. 

13 ‘‘(3) The paid leave that is available to an employee 

14 for purposes of paragraph (2) is— 

15 ‘‘(A) 8 administrative workweeks of paid paren16 tal leave under this subparagraph in connection with 

17 the birth or placement involved; and 

18 ‘‘(B) any annual or sick leave accrued or accu19 mulated by such employee under subchapter I. 

20 ‘‘(4) Nothing in this subchapter shall be considered 

21 to require— 

22 ‘‘(A) that an employing agency provide paid 

23 sick leave in any situation in which such employing 

24 agency would not normally be required to provide 

25 such leave; or 


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1 ‘‘(B) that an employee first use all or any por2 tion of the leave described in subparagraph (B) of 

3 paragraph (3) before being allowed to use the paid 

4 parental leave described in subparagraph (A) of such 

5 subparagraph. 

6 ‘‘(5) Paid parental leave under paragraph (3)(A)— 

7 ‘‘(A) shall be payable from any appropriation or 

8 fund available for salaries or expenses for positions 

9 within the employing agency; 

10 ‘‘(B) shall not be considered to be annual or va11 cation leave for purposes of section 5551 or 5552 or 

12 for any other purpose; and 

13 ‘‘(C) if not used by the employee before the end 

14 of the 12-month period (as referred to in subsection 

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

16 any subsequent use. 

17 ‘‘(6) The Director of the Office shall prescribe any 

18 regulations necessary to carry out this subsection, includ19 ing, subject to paragraph (4)(B), the manner in which an 

20 employee may designate any day or other period as to 

21 which such employee wishes to use paid parental leave de22 scribed in paragraph (3)(A).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall not be effective with respect to any birth 


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1 or placement occurring before the end of the 6-month pe2 riod beginning on the date of the enactment of this Act. 

3 SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM4 PLOYEES. 

5 (a) AMENDMENT TO CONGRESSIONAL ACCOUNT6 ABILITY ACT.—Section 202 of the Congressional Account7 ability Act of 1995 (2 U.S.C. 1312) is amended— 

8 (1) in subsection (a)(1), by adding at the end 

9 the following: ‘‘In applying section 102(a)(1)(A) and 

10 (B) to covered employees, subsection (d) shall 

11 apply.’’; 

12 (2) by redesignating subsections (d) and (e) as 

13 subsections (e) and (f), respectively; and 

14 (3) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) SPECIAL RULE FOR PAID PARENTAL LEAVE

17 FOR CONGRESSIONAL EMPLOYEES.— 

18 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov19 ered employee taking leave without pay under sub20 paragraphs (A) or (B) of section 102(a)(1) of the 

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

22 2612(a)(1)) may elect to substitute for any such 

23 leave any paid leave which is available to such em24 ployee for that purpose. 


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1 ‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 

2 that is available to a covered employee for purposes 

3 of paragraph (1) is— 

4 ‘‘(A) 8 workweeks of paid parental leave 

5 under this subparagraph in connection with the 

6 birth or placement involved; and 

7 ‘‘(B) any additional paid vacation or sick 

8 leave provided by the employing office to such 

9 employee. 

10 ‘‘(3) LIMITATION.—Nothing in this section 

11 shall be considered to require— 

12 ‘‘(A) that an employing office provide paid 

13 sick leave in any situation in which such em14 ploying office would not normally be required to 

15 provide such leave; or 

16 ‘‘(B) that a covered employee first use all 

17 or any portion of the leave described in sub18 paragraph (B) of paragraph (2) before being al19 lowed to use paid parental leave described in 

20 subparagraph (A) of such paragraph. 

21 ‘‘(4) ADDITIONAL RULES.—Paid parental leave 

22 under paragraph (2)(A)— 

23 ‘‘(A) shall be payable from any appropria24 tion or fund available for salaries or expenses 

25 for positions within the employing office; and 


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1 ‘‘(B) if not used by the covered employee 

2 before the end of the 12-month period (as re3 ferred to in section 102(a)(1) of the Family and 

4 Medical Leave Act of 1993 (29 U.S.C. 

5 2612(a)(1))) to which it relates, shall not accu6 mulate for any subsequent use.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall not be effective with respect to any birth 

9 or placement occurring before the end of the 6-month pe10 riod beginning on the date of the enactment of this Act. 

11 SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MED12 ICAL LEAVE ACT FOR GAO AND LIBRARY OF 

13 CONGRESS EMPLOYEES. 

14 Section 102(d) of the Family and Medical Leave Act 

15 of 1993 (29 U.S.C. 2612(d)) is amended by adding at the 

16 end the following: 

17 ‘‘(3) SPECIAL RULE FOR GAO AND LIBRARY OF

18 CONGRESS EMPLOYEES.— 

19 ‘‘(A) SUBSTITUTION OF PAID LEAVE.—An 

20 employee of an employer described in section 

21 101(4)(A)(iv) taking leave under subparagraphs 

22 (A) or (B) of subsection (a)(1) may elect to 

23 substitute for any such leave any paid leave 

24 which is available to such employee for that 

25 purpose. 


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1 ‘‘(B) AMOUNT OF PAID LEAVE.—The paid 

2 leave that is available to an employee of an em3 ployer described in section 101(4)(A)(iv) for 

4 purposes of paragraph (1) is— 

5 ‘‘(i) 8 workweeks of paid parental 

6 leave under this clause in connection with 

7 the birth or placement involved; and 

8 ‘‘(ii) any additional paid vacation or 

9 sick leave provided by such employer. 

10 ‘‘(C) LIMITATION.—Nothing in this para11 graph shall be considered to require— 

12 ‘‘(i) that an employer described in sec13 tion 101(4)(A)(iv) provide paid sick leave 

14 in any situation in which such employer 

15 would not normally be required to provide 

16 such leave; or 

17 ‘‘(ii) that an employee of such an em18 ployer first use all or any portion of the 

19 leave described in clause (ii) of subpara20 graph (B) before being allowed to use paid 

21 parental leave described in clause (i) of 

22 such subparagraph. 

23 ‘‘(D) ADDITIONAL RULES.—Paid parental 

24 leave under subparagraph (B)(i)— 


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1 ‘‘(i) shall be payable from any appro2 priation or fund available for salaries or 

3 expenses for positions with employers de4 scribed in section 101(4)(A)(iv); and 

5 ‘‘(ii) if not used by the employee of 

6 such employers before the end of the 12- 

7 month period (as referred to in subsection 

8 (a)(1)) to which it relates, shall not accu9 mulate for any subsequent use.’’. 

10 SEC. 5. STUDY. 

11 (a) IN GENERAL.—Not later than 12 months after 

12 the date of the enactment of this Act, the Government 

13 Accountability Office shall study and submit to Congress 

14 a written report on the feasibility and desirability of pro15 viding an insurance benefit to Federal employees which 

16 affords partial or total wage replacement with respect to 

17 periods of qualified leave. 

18 (b) PERIOD OF QUALIFIED LEAVE.—For purposes of 

19 this section, the term ‘‘period of qualified leave’’, as used 

20 with respect to a Federal employee, means any period of 

21 leave under section 6382 of title 5, United States Code, 

22 which would otherwise be leave without pay, and which 

23 is available by reason of— 


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1 (1) the need to care for the spouse or a son, 

2 daughter, or parent of the employee having a serious 

3 health condition; or 

4 (2) a serious health condition affecting the em5 ployee that renders such employee unable to perform 

6 the functions of the employee’s position. 

7 (c) MATTERS FOR INCLUSION.—The report shall in8 clude, at a minimum, the following: 

9 (1) A brief description of any plans or arrange10 ments under which similar benefits are currently 

11 provided to employees in this country (within the 

12 private sector or State or local government) or in 

13 other countries. 

14 (2) With respect to any plans or arrangements 

15 under which such benefits are currently provided to 

16 private or public sector employees in this country— 

17 (A) the portion or percentage of wages 

18 typically replaced; 

19 (B) how those benefits are generally fund20 ed, including in terms of the employer and em21 ployee shares; 

22 (C) whether employee coverage is optional 

23 or automatic; and 

24 (D) any waiting period or other conditions 

25 which may apply. 


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1 (3) Identification and assessment of any plans 

2 or arrangements described under the preceding pro3 visions of this subsection (or any aspects thereof) 

4 which might be particularly relevant to designing the 

5 insurance benefit (described in subsection (a)) for 

6 Federal employees, including how such benefit might 

7 be coordinated with annual leave, sick leave, or any 

8 other paid leave available to an employee for the 

9 purpose involved. 

Æ 


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