IB 

Union Calendar No. 389 

110TH CONGRESS 

2D SESSION H. R. 5781 

[Report No. 110–624, Part I] 

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 14, 2008 

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

DAVIS of Virginia, Mr. GEORGE MILLER of California, Mr. HOYER, Mr. 

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

Mr. FILNER, Mrs. GILLIBRAND, Mr. AL GREEN of Texas, Mr. KUCINICH, 

Mr. LEWIS of Georgia, Ms. MCCOLLUM of Minnesota, Mr. MORAN of Virginia, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. VAN

HOLLEN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in 

addition to the Committee on House Administration, 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 

MAY 8, 2008 

Reported from the Committee on Oversight and Government Reform with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 8, 2008 

Committee on House Administration discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 


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[For text of introduced bill, see copy of bill as introduced on April 14, 2008] 

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 Paid 

5 Parental Leave Act of 2008’’. 

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

7 (a) AMENDMENT TO TITLE 5.—Subsection (d) of sec8 tion 6382 of title 5, United States Code, is amended— 

9 (1) by redesignating such subsection as sub10 section (d)(1); 

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

12 and inserting ‘‘subparagraph (C) or’’; and 

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

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

15 without pay under subparagraph (A) or (B) of subsection 

16 (a)(1) any paid leave which is available to such employee 

17 for that purpose. 

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

19 for purposes of paragraph (2) is— 


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1 ‘‘(A) subject to paragraph (6), 4 administrative 

2 workweeks of paid parental leave under this subpara3 graph in connection with the birth or placement in4 volved; and 

5 ‘‘(B) any annual or sick leave accrued or accu6 mulated by such employee under subchapter I. 

7 ‘‘(4) Nothing in this subchapter shall be considered to 

8 require— 

9 ‘‘(A) that an employing agency provide paid sick 

10 leave in any situation in which such employing agen11 cy would not normally be required to provide such 

12 leave; or 

13 ‘‘(B) that an employee first use all or any por14 tion of the leave described in subparagraph (B) of 

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

16 parental leave described in subparagraph (A) of para17 graph (3). 

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

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

20 fund available for salaries or expenses for positions 

21 within the employing agency; 

22 ‘‘(B) shall not be considered to be annual or va23 cation leave for purposes of section 5551 or 5552 or 

24 for any other purpose; and 


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

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

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

4 any subsequent use. 

5 ‘‘(6) The Director of the Office of Personnel Manage6 ment— 

7 ‘‘(A) may promulgate regulations to increase the 

8 amount of paid parental leave available to an em9 ployee under paragraph (3)(A), to a total of not more 

10 than 8 administrative workweeks, based on the con11 sideration of the following factors: 

12 ‘‘(i) the benefits provided to the Federal 

13 Government of offering paid parental leave, in14 cluding enhanced recruitment and retention of 

15 employees; 

16 ‘‘(ii) the cost to the Federal Government of 

17 increasing the amount of paid parental leave 

18 that is available to employees; 

19 ‘‘(iii) trends in the private sector and in 

20 State and local governments with respect to of21 fering paid parental leave; 

22 ‘‘(iv) the Federal Government’s role as a 

23 model employer; and 

24 ‘‘(v) such other factors as the Director con25 siders necessary; and 


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1 ‘‘(B) shall prescribe any regulations necessary to 

2 carry out this subsection, including, subject to para3 graph (4)(B), the manner in which an employee may 

4 designate any day or other period as to which such 

5 employee wishes to use paid parental leave described 

6 in paragraph (3)(A).’’. 

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

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

9 placement occurring before the end of the 6-month period 

10 beginning on the date of the enactment of this Act. 

11 SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM12 PLOYEES. 

13 (a) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY

14 ACT.—Section 202 of the Congressional Accountability Act 

15 of 1995 (2 U.S.C. 1312) is amended— 

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

17 following: ‘‘In applying section 102(a)(1)(A) and (B) 

18 to covered employees, subsection (d) shall apply.’’; 

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

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

21 (3) by inserting after subsection (c) the fol22 lowing: 

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

24 CONGRESSIONAL EMPLOYEES.— 


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1 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A covered 

2 employee taking leave without pay under subpara3 graphs (A) or (B) of section 102(a)(1) of the Family 

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

5 2612(a)(1)) may elect to substitute for any such leave 

6 any paid leave which is available to such employee 

7 for that purpose. 

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

9 that is available to a covered employee for purposes 

10 of paragraph (1) is— 

11 ‘‘(A) the number of weeks of paid parental 

12 leave in connection with the birth or placement 

13 involved that correspond to the number of ad14 ministrative workweeks of paid parental leave 

15 available to Federal employees under section 

16 6382(d)(3)(A) of title 5, United States Code; and 

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

18 leave provided by the employing office to such 

19 employee. 

20 ‘‘(3) LIMITATION.—Nothing in this section shall 

21 be considered to require— 

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

23 sick leave in any situation in which such em24 ploying office would not normally be required to 

25 provide such leave; or 


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1 ‘‘(B) that a covered employee first use all or 

2 any portion of the leave described in subpara3 graph (B) of paragraph (2) before being allowed 

4 to use paid parental leave described in subpara5 graph (A) of paragraph (2). 

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

7 under paragraph (2)(A)— 

8 ‘‘(A) shall be payable from any appropria9 tion or fund available for salaries or expenses for 

10 positions within the employing office; and 

11 ‘‘(B) if not used by the covered employee be12 fore the end of the 12-month period (as referred 

13 to in section 102(a)(1) of the Family and Med14 ical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) 

15 to which it relates, shall not accumulate for any 

16 subsequent use.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by this 

18 section shall not be effective with respect to any birth or 

19 placement occurring before the end of the 6-month period 

20 beginning on the date of the enactment of this Act. 


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1 SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MED2 ICAL LEAVE ACT FOR GAO AND LIBRARY OF 

3 CONGRESS EMPLOYEES. 

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

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

6 end the following: 

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

8 CONGRESS EMPLOYEES.— 

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

10 employee of an employer described in section 

11 101(4)(A)(iv) taking leave under subparagraphs 

12 (A) or (B) of subsection (a)(1) may elect to sub13 stitute for any such leave any paid leave which 

14 is available to such employee for that purpose. 

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

16 leave that is available to an employee of an em17 ployer described in section 101(4)(A)(iv) for pur18 poses of paragraph (1) is— 

19 ‘‘(i) the number of weeks of paid pa20 rental leave in connection with the birth or 

21 placement involved that correspond to the 

22 number of administrative workweeks of 

23 paid parental leave available to Federal em24 ployees under section 6382(d)(3)(A) of title 

25 5, United States Code; and 


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1 ‘‘(ii) any additional paid vacation or 

2 sick leave provided by such employer. 

3 ‘‘(C) LIMITATION.—Nothing in this para4 graph shall be considered to require— 

5 ‘‘(i) that an employer described in sec6 tion 101(4)(A)(iv) provide paid sick leave 

7 in any situation in which such employer 

8 would not normally be required to provide 

9 such leave; or 

10 ‘‘(ii) that an employee of such an em11 ployer first use all or any portion of the 

12 leave described in clause (ii) of subpara13 graph (B) before being allowed to use paid 

14 parental leave described in clause (i) of such 

15 subparagraph. 

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

17 leave under subparagraph (B)(i)— 

18 ‘‘(i) shall be payable from any appro19 priation or fund available for salaries or 

20 expenses for positions with employers de21 scribed in section 101(4)(A)(iv); and 

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

23 such employers before the end of the 12- 

24 month period (as referred to in subsection 


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1 (a)(1)) to which it relates, shall not accu2 mulate for any subsequent use.’’. 

3 SEC. 5. STUDY. 

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

5 date of the enactment of this Act, the Government Account6 ability Office shall study and submit to Congress a written 

7 report on the feasibility and desirability of providing an 

8 insurance benefit to Federal employees which affords par9 tial or total wage replacement with respect to periods of 

10 qualified leave. 

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

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

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

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

15 which would otherwise be leave without pay, and which is 

16 available by reason of— 

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

18 daughter, or parent of the employee having a serious 

19 health condition; or 

20 (2) a serious health condition affecting the em21 ployee that renders such employee unable to perform 

22 the functions of the employee’s position. 

23 (c) MATTERS FOR INCLUSION.—The report shall in24 clude, at a minimum, the following: 


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1 (1) A brief description of any plans or arrange2 ments under which similar benefits are currently pro3 vided to employees in this country (within the private 

4 sector or State or local government) or in other coun5 tries. 

6 (2) With respect to any plans or arrangements 

7 under which such benefits are currently provided to 

8 private or public sector employees in this country— 

9 (A) the portion or percentage of wages typi10 cally replaced; 

11 (B) how those benefits are generally funded, 

12 including in terms of the employer and employee 

13 shares; 

14 (C) whether employee coverage is optional 

15 or automatic; and 

16 (D) any waiting period or other conditions 

17 which may apply. 

18 (3) Identification and assessment of any plans 

19 or arrangements described under the preceding provi20 sions of this subsection (or any aspects thereof) which 

21 might be particularly relevant to designing the insur22 ance benefit (described in subsection (a)) for Federal 

23 employees, including how such benefit might be co24 ordinated with annual leave, sick leave, or any other 


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1 paid leave available to an employee for the purpose 

2 involved. 


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Union Calendar No. 389 

110TH CONGRESS 

2D SESSION H. R. 5781 

[Report No. 110

–624, Part I] 

A BILL 

To provide that 8 of the 12 weeks of parental leave 

paid leave, and for other purposes. made available to a Federal employee shall be 

MAY 8, 2008 

Committee on House Administration discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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