I 

113TH CONGRESS 

1ST SESSION H. R. 517 

To provide that 4 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 

FEBRUARY 5, 2013 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. NORTON, Mr. 

CONNOLLY, Mr. GEORGE MILLER of California, Mr. CONYERS, and Mr. 

GRIJALVA) 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 4 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 2013’’. 


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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) subject to paragraph (6), 4 administrative 

16 workweeks of paid parental leave under this sub17 paragraph in connection with the birth or placement 

18 involved; and 

19 ‘‘(B) any annual or sick leave accrued or accu20 mulated by such employee under subchapter I. 

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

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

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

24 (3) before being allowed to use the paid parental leave de25 scribed in subparagraph (A) of paragraph (3). 

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


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

2 fund available for salaries or expenses for positions 

3 within the employing agency; 

4 ‘‘(B) shall not be considered to be annual or va5 cation leave for purposes of section 5551 or 5552 or 

6 for any other purpose; and 

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

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

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

10 any subsequent use. 

11 ‘‘(6) The Director of the Office of Personnel Manage12 ment— 

13 ‘‘(A) may promulgate regulations to increase 

14 the amount of paid parental leave available to an 

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

16 more than 8 administrative workweeks, based on the 

17 consideration of— 

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

19 Government of offering increased paid parental 

20 leave, including enhanced recruitment and re21 tention of employees; 

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

23 increasing the amount of paid parental leave 

24 that is available to employees; 


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

2 State and local governments with respect to of3 fering paid parental leave; 

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

5 model employer; 

6 ‘‘(v) the impact of increased paid parental 

7 leave on lower-income and economically dis8 advantaged employees and their children; and 

9 ‘‘(vi) 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) 

3 and (B) of such Act to covered employees, sub4 section (d) 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. 

5 SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL 

6 GUARD AND RESERVES. 

7 (a) EXECUTIVE BRANCH EMPLOYEES.—For pur8 poses of determining the eligibility of an employee who is 

9 a member of the National Guard or Reserves to take leave 

10 under paragraph (1) (A) or (B) of section 6382(a) of title 

11 5, United States Code, or to substitute such leave pursu12 ant to paragraph (2) of such section (as added by section 

13 2), any service by such employee on active duty (as defined 

14 in section 6381(7) of such title) shall be counted as service 

15 as an employee for purposes of section 6381(1)(B) of such 

16 title. 

17 (b) CONGRESSIONAL EMPLOYEES.—For purposes of 

18 determining the eligibility of a covered employee (as such 

19 term is defined in section 101(3) of the Congressional Ac20 countability Act) who is a member of the National Guard 

21 or Reserves to take leave under subparagraph (A) or (B) 

22 of section 102(a)(1) of the Family and Medical Leave Act 

23 of 1993 (pursuant to section 202(a)(1) of the Congres24 sional Accountability Act), or to substitute such leave pur25 suant to subsection (d) of section 202 of such Act (as 


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1 added by section 3), any service by such employee on ac2 tive duty (as defined in section 101(14) of the Family and 

3 Medical Leave Act of 1993) shall be counted as time dur4 ing which such employee has been employed in an employ5 ing office for purposes of section 202(a)(2)(B) of the Con6 gressional Accountability Act. 

7 (c) GAO AND LIBRARY OF CONGRESS EMPLOY8 EES.—For purposes of determining the eligibility of an 

9 employee of the Government Accountability Office or Li10 brary of Congress who is a member of the National Guard 

11 or Reserves to take leave under subparagraph (A) or (B) 

12 of section 102(a)(1) of the Family and Medical Leave Act 

13 of 1993, or to substitute such leave pursuant to paragraph 

14 (3) of section 102(d) of such Act (as added by section 

15 4), any service by such employee on active duty (as defined 

16 in section 101(14) of such Act) shall be counted as time 

17 during which such employee has been employed for pur18 poses of section 101(2)(A) of such Act. 

Æ 


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