I 

110TH CONGRESS 

2D SESSION 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. 

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 

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 ‘‘subparagraph (A), (B), (C), 

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

5 paragraph (3). 

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 of Personnel Manage18 ment shall prescribe any regulations necessary to carry out 

19 this subsection, including, subject to paragraph (4)(B), 

20 the manner in which an employee may designate any day 

21 or other period as to which such employee wishes to use 

22 paid parental leave described 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) the number of weeks of paid parental 

5 leave in connection with the birth or placement 

6 involved that correspond to the number of ad7 ministrative workweeks of paid parental leave 

8 available to Federal employees under section 

9 6382(d)(3)(A) of title 5, United States Code; 

10 and 

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

12 leave provided by the employing office to such 

13 employee. 

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

15 shall be considered to require— 

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

17 sick leave in any situation in which such em18 ploying office would not normally be required to 

19 provide such leave; or 

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

21 or any portion of the leave described in sub22 paragraph (B) of paragraph (2) before being al23 lowed to use paid parental leave described in 

24 subparagraph (A) of paragraph (2). 


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

2 under paragraph (2)(A)— 

3 ‘‘(A) shall be payable from any appropria4 tion or fund available for salaries or expenses 

5 for positions within the employing office; and 

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

7 before the end of the 12-month period (as re8 ferred to in section 102(a)(1) of the Family and 

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

10 2612(a)(1))) to which it relates, shall not accu11 mulate for any subsequent use.’’. 

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

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

14 or placement occurring before the end of the 6-month pe15 riod beginning on the date of the enactment of this Act. 

16 SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MED17 ICAL LEAVE ACT FOR GAO AND LIBRARY OF 

18 CONGRESS EMPLOYEES. 

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

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

21 end the following: 

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

23 CONGRESS EMPLOYEES.— 

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

25 employee of an employer described in section 


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1 101(4)(A)(iv) taking leave under subparagraphs 

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

3 substitute for any such leave any paid leave 

4 which is available to such employee for that 

5 purpose. 

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

7 leave that is available to an employee of an em8 ployer described in section 101(4)(A)(iv) for 

9 purposes of paragraph (1) is— 

10 ‘‘(i) the number of weeks of paid pa11 rental leave in connection with the birth or 

12 placement involved that correspond to the 

13 number of administrative workweeks of 

14 paid parental leave available to Federal 

15 employees under section 6382(d)(3)(A) of 

16 title 5, United States Code; and 

17 ‘‘(ii) any additional paid vacation or 

18 sick leave provided by such employer. 

19 ‘‘(C) LIMITATION.—Nothing in this para20 graph shall be considered to require— 

21 ‘‘(i) that an employer described in sec22 tion 101(4)(A)(iv) provide paid sick leave 

23 in any situation in which such employer 

24 would not normally be required to provide 

25 such leave; or 


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1 ‘‘(ii) that an employee of such an em2 ployer first use all or any portion of the 

3 leave described in clause (ii) of subpara4 graph (B) before being allowed to use paid 

5 parental leave described in clause (i) of 

6 such subparagraph. 

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

8 leave under subparagraph (B)(i)— 

9 ‘‘(i) shall be payable from any appro10 priation or fund available for salaries or 

11 expenses for positions with employers de12 scribed in section 101(4)(A)(iv); and 

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

14 such employers before the end of the 12- 

15 month period (as referred to in subsection 

16 (a)(1)) to which it relates, shall not accu17 mulate for any subsequent use.’’. 

18 SEC. 5. STUDY. 

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

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

21 Accountability Office shall study and submit to Congress 

22 a written report on the feasibility and desirability of pro23 viding an insurance benefit to Federal employees which 

24 affords partial or total wage replacement with respect to 

25 periods of qualified leave. 


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

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

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

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

5 which would otherwise be leave without pay, and which 

6 is available by reason of— 

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

8 daughter, or parent of the employee having a serious 

9 health condition; or 

10 (2) a serious health condition affecting the em11 ployee that renders such employee unable to perform 

12 the functions of the employee’s position. 

13 (c) MATTERS FOR INCLUSION.—The report shall in14 clude, at a minimum, the following: 

15 (1) A brief description of any plans or arrange16 ments under which similar benefits are currently 

17 provided to employees in this country (within the 

18 private sector or State or local government) or in 

19 other countries. 

20 (2) With respect to any plans or arrangements 

21 under which such benefits are currently provided to 

22 private or public sector employees in this country— 

23 (A) the portion or percentage of wages 

24 typically replaced; 


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1 (B) how those benefits are generally fund2 ed, including in terms of the employer and em3 ployee shares; 

4 (C) whether employee coverage is optional 

5 or automatic; and 

6 (D) any waiting period or other conditions 

7 which may apply. 

8 (3) Identification and assessment of any plans 

9 or arrangements described under the preceding pro10 visions of this subsection (or any aspects thereof) 

11 which might be particularly relevant to designing the 

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

13 Federal employees, including how such benefit might 

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

15 other paid leave available to an employee for the 

16 purpose involved. 

Æ 


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