IIB 

110TH CONGRESS 

2D SESSION H. R. 5781 

IN THE SENATE OF THE UNITED STATES 

JUNE 20 (legislative day, JUNE 19), 2008 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Employees 

3 Paid Parental Leave Act of 2008’’. 

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

5 (a) AMENDMENT TO TITLE 5.—Subsection (d) of sec6 tion 6382 of title 5, United States Code, is amended— 

7 (1) by redesignating such subsection as sub8 section (d)(1); 

9 (2) by striking ‘‘subparagraph (A), (B), (C), 

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

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

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

13 leave without pay under subparagraph (A) or (B) of sub14 section (a)(1) any paid leave which is available to such 

15 employee for that purpose. 

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

17 for purposes of paragraph (2) is— 

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

19 workweeks of paid parental leave under this sub20 paragraph in connection with the birth or placement 

21 involved; and 

22 ‘‘(B) any annual or sick leave accrued or accu23 mulated by such employee under subchapter I. 

24 ‘‘(4) Nothing in this subsection shall be considered 

25 to require that an employee first use all or any portion 

26 of the leave described in subparagraph (B) of paragraph 


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1 (3) before being allowed to use the paid parental leave de2 scribed in subparagraph (A) of paragraph (3). 

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

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

5 fund available for salaries or expenses for positions 

6 within the employing agency; 

7 ‘‘(B) shall not be considered to be annual or va8 cation leave for purposes of section 5551 or 5552 or 

9 for any other purpose; and 

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

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

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

13 any subsequent use. 

14 ‘‘(6) The Director of the Office of Personnel Manage15 ment— 

16 ‘‘(A) may promulgate regulations to increase 

17 the amount of paid parental leave available to an 

18 employee under paragraph (3)(A), to a total of not 

19 more than 8 administrative workweeks, based on the 

20 consideration of— 

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

22 Government of offering increased paid parental 

23 leave, including enhanced recruitment and re24 tention of employees; 


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

2 increasing the amount of paid parental leave 

3 that is available to employees; 

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

5 State and local governments with respect to of6 fering paid parental leave; 

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

8 model employer; and 

9 ‘‘(v) such other factors as the Director 

10 considers necessary; and 

11 ‘‘(B) shall prescribe any regulations necessary 

12 to carry out this subsection, including, subject to 

13 paragraph (4), the manner in which an employee 

14 may designate any day or other period as to which 

15 such employee wishes to use paid parental leave de16 scribed in paragraph (3)(A).’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

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

19 or placement occurring before the end of the 6-month pe20 riod beginning on the date of the enactment of this Act. 

21 SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM22 PLOYEES. 

23 (a) AMENDMENT TO CONGRESSIONAL ACCOUNT24 ABILITY ACT.—Section 202 of the Congressional Account25 ability Act of 1995 (2 U.S.C. 1312) is amended— 


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

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

3 (B) of such Act to covered employees, subsection (d) 

4 shall apply.’’; 

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

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

7 (3) by inserting after subsection (c) the fol8 lowing: 

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

10 FOR CONGRESSIONAL EMPLOYEES.— 

11 ‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov12 ered employee taking leave without pay under sub13 paragraph (A) or (B) of section 102(a)(1) of the 

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

15 2612(a)(1)) may elect to substitute for any such 

16 leave any paid leave which is available to such em17 ployee for that purpose. 

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

19 that is available to a covered employee for purposes 

20 of paragraph (1) is— 

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

22 leave in connection with the birth or placement 

23 involved that correspond to the number of ad24 ministrative workweeks of paid parental leave 

25 available to Federal employees under section 


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1 6382(d)(3)(A) of title 5, United States Code; 

2 and 

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

4 leave provided by the employing office to such 

5 employee. 

6 ‘‘(3) LIMITATION.—Nothing in this subsection 

7 shall be considered to require that an employee first 

8 use all or any portion of the leave described in sub9 paragraph (B) of paragraph (2) before being allowed 

10 to use the paid parental leave described in subpara11 graph (A) of paragraph (2). 

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

13 under paragraph (2)(A)— 

14 ‘‘(A) shall be payable from any appropria15 tion or fund available for salaries or expenses 

16 for positions within the employing office; and 

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

18 before the end of the 12-month period (as re19 ferred to in section 102(a)(1) of the Family and 

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

21 2612(a)(1))) to which it relates, shall not accu22 mulate for any subsequent use.’’. 

23 (b) EFFECTIVE DATE.—The amendment 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. 4. CONFORMING AMENDMENT TO FAMILY AND MED4 ICAL LEAVE ACT FOR GAO AND LIBRARY OF 

5 CONGRESS EMPLOYEES. 

6 (a) AMENDMENT TO FAMILY AND MEDICAL LEAVE

7 ACT OF 1993.—Section 102(d) of the Family and Medical 

8 Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by 

9 adding at the end the following: 

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

11 CONGRESS EMPLOYEES.— 

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

13 employee of an employer described in section 

14 101(4)(A)(iv) taking leave under subparagraph 

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

16 substitute for any such leave any paid leave 

17 which is available to such employee for that 

18 purpose. 

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

20 leave that is available to an employee of an em21 ployer described in section 101(4)(A)(iv) for 

22 purposes of subparagraph (A) is— 

23 ‘‘(i) the number of weeks of paid pa24 rental leave in connection with the birth or 

25 placement involved that correspond to the 


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1 number of administrative workweeks of 

2 paid parental leave available to Federal 

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

4 title 5, United States Code; and 

5 ‘‘(ii) any additional paid vacation or 

6 sick leave provided by such employer. 

7 ‘‘(C) LIMITATION.—Nothing in this para8 graph shall be considered to require that an 

9 employee first use all or any portion of the 

10 leave described in clause (ii) of subparagraph 

11 (B) before being allowed to use the paid paren12 tal leave described in clause (i) of such subpara13 graph. 

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

15 leave under subparagraph (B)(i)— 

16 ‘‘(i) shall be payable from any appro17 priation or fund available for salaries or 

18 expenses for positions with the employer 

19 described in section 101(4)(A)(iv); and 

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

21 such employer before the end of the 12- 

22 month period (as referred to in subsection 

23 (a)(1)) to which it relates, shall not accu24 mulate for any subsequent use.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

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

3 or placement occurring before the end of the 6-month pe4 riod beginning on the date of the enactment of this Act. 

Passed the House of Representatives June 19, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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