Comprehensive Paid Leave for Federal Employees Act

Subjects: Government Operations and Politics

Summary:  <p><b>Comprehensive Paid Leave for Federal Employees Act</b></p> <p>This bill provides paid family and medical leave to federal employees. </p> <p>Currently, federal employees are entitled to 12 weeks of administrative leave for one or more of the following reasons: (1) the birth of a child, (2) the adoption or foster care of a child, (3) the care of an immediate family member with a serious health condition, (4) inability to work due to a serious health condition, and (5) exigencies relating to an immediate family member's active duty service in the Armed Forces. However, of these reasons, employees are entitled to paid administrative leave only in connection with the birth, adoption, or foster care of a child (i.e., parental leave).</p> <p>The bill provides 12 weeks of paid administrative leave for any of these reasons, and specifies that this leave is in addition to any annual or sick leave to which employees are entitled.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 274 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 274

To provide paid family and medical leave to Federal employees, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

 Mr. Schatz (for himself, Ms. Warren, Mrs. Gillibrand, Mr. Lujan, Mr. 
 Brown, Ms. Duckworth, Mr. Cardin, Mr. Padilla, Mr. Heinrich, Mr. Van 
Hollen, and Mr. Sanders) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide paid family and medical leave to Federal employees, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Paid Leave for Federal 
Employees Act''.

SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL EMPLOYEES COVERED BY 
              TITLE 5.

    Chapter 63 of title 5, United States Code, is amended--
            (1) in section 6381, by amending paragraph (1)(B) to read 
        as follows:
                    ``(B) has completed at least 12 months of service--
                            ``(i) as an employee (as defined in section 
                        2105) of the Government of the United States, 
                        including service with the United States Postal 
                        Service, the Postal Regulatory Commission, and 
                        a nonappropriated fund instrumentality as 
                        described in section 2105(c); or
                            ``(ii) on covered active duty as a member 
                        of the National Guard or Reserves that 
                        interrupts service described in clause (i);''; 
                        and
            (2) in section 6382--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``12 
                                administrative workweeks of leave'' and 
                                inserting ``12 administrative work 
                                weeks of leave plus any additional 
                                period of leave used under subsection 
                                (d)(2)(B)(ii)''; and
                                    (II) in subparagraph (B), by 
                                inserting ``and in order to care for 
                                such son or daughter'' before the 
                                period;
                            (ii) by amending paragraph (2) to read as 
                        follows:
            ``(2)(A) The entitlement to leave under subparagraph (A) or 
        (B) of paragraph (1) shall commence at time of birth or 
        placement of a son or daughter and shall expire at the end of 
        the 12-month period beginning on the date of such birth or 
        placement.
            ``(B) Notwithstanding subparagraph (A), the entitlement to 
        leave under paragraph (1)(B) in connection with adoption may 
        commence prior to the placement of the son or daughter to be 
        adopted for activities necessary to allow the adoption to 
        proceed.''; and
                            (iii) in paragraph (4)--
                                    (I) by striking ``Subject to 
                                subsection (d)(2), during'' and 
                                inserting ``During''; and
                                    (II) by inserting ``(or 26 
                                administrative workweeks of leave plus 
                                any additional period of leave used 
                                under subsection (d)(2)(B)(ii))'' after 
                                ``26 administrative workweeks of 
                                leave''; and
                    (B) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) by striking the first sentence; 
                                and
                                    (II) by striking ``under subchapter 
                                I''; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``subparagraph (A) or (B)'' 
                                and inserting ``subparagraph (A) 
                                through (E)'';
                                    (II) by striking ``parental'' in 
                                each instance;
                                    (III) in subparagraph (B)(i), by 
                                striking ``birth or placement 
                                involved'' and inserting ``event giving 
                                rise to such leave'';
                                    (IV) by amending subparagraph (E) 
                                to read as follows:
                    ``(E) Nothing in this paragraph shall be construed 
                to modify the service requirement in section 
                6381(1)(B).'';
                                    (V) in subparagraph (F)(i), by 
                                striking ``An employee'' and inserting 
                                ``With respect to leave described under 
                                subparagraph (A) or (B) of subsection 
                                (a)(1), an employee''; and
                                    (VI) by adding at the end the 
                                following:
                    ``(H) Notwithstanding paragraph (2)(B)(i), with 
                respect to any employee who received paid leave for an 
                event giving rise to such leave under any other 
                provision of law and who becomes subject to this 
                section during the period of eligibility for paid leave 
                under this section with respect to such event, any paid 
                leave for such event provided by this section shall be 
                reduced by the total number of days of paid leave taken 
                by such employee under such other provision of law.''.

SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY 
              ACT OF 1995.

    Section 202 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1312), is amended--
            (1) in subsection (a)--
                    (A) paragraph (1)--
                            (i) in the second sentence--
                                    (I) by striking ``subsection 
                                (a)(1)(A) or (B)'' and inserting 
                                ``under any of subparagraphs (A) 
                                through (E) of subsection (a)(1)''; and
                                    (II) by inserting ``and in the case 
                                of leave that includes leave for such 
                                an event, the period of leave to which 
                                a covered employee is entitled under 
                                section 102(a)(1) of such Act shall be 
                                12 administrative workweeks of leave 
                                plus any additional period of leave 
                                used under subsection (d)(2)(B) of this 
                                section'' before the period; and
                            (ii) by striking the third sentence and 
                        inserting the following: ``For purposes of 
                        applying section 102(a)(4) of such Act, in the 
                        case of leave that includes leave under any of 
                        subparagraphs (A) through (E) of section 
                        102(a)(1) of such Act, a covered employee is 
                        entitled, under paragraphs (1) and (3) of 
                        section 102(a) of such Act, to a combined total 
                        of 26 workweeks of leave plus any additional 
                        period of leave used under subsection (d)(2)(B) 
                        of this section.''; and
                    (B) in paragraph (2), by amending subparagraph (B) 
                to read as follows:
                    ``(B) except for leave described under section 
                102(a)(3) of such Act, the term `eligible employee' as 
                used in that Act means a covered employee.''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``Parental Leave'' and inserting ``Family and Medical 
                Leave'';
                    (B) in paragraph (1), by striking ``subparagraph 
                (A) or (B)'' and inserting ``any of subparagraphs (A) 
                through (E)'';
                    (C) by striking ``parental'' each place the term 
                appears; and
                    (D) in paragraph (2)(A), by striking ``birth or 
                placement involved'' and inserting ``event giving rise 
                to such leave''.

SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, AND POSTAL REGULATORY 
              COMMISSION EMPLOYEES.

    The Family and Medical Leave Act of 1993 (29 U.S.C. 2612), is 
amended--
            (1) in section 101(2)(E)--
                    (A) in the subparagraph heading, by inserting 
                ``USPS, and postal regulatory commission'' after 
                ``GAO'';
                    (B) by inserting ``the United States Postal 
                Service, or the Postal Regulatory Commission'' after 
                ``Government Accountability Office''; and
                    (C) by striking ``section 102(a)(1)(A) or (B)'' and 
                inserting ``any of subparagraphs (A) through (E) of 
                section 102(a)(1)'';
            (2) in section 102(d)(3)--
                    (A) in the paragraph heading, by inserting ``USPS, 
                and postal regulatory commission'' after ``GAO'';
                    (B) by striking ``the Government Accountability 
                Office'' and inserting ``the Government Accountability 
                Office, the United States Postal Service, or the Postal 
                Regulatory Commission'' each place the term appears;
                    (C) by striking ``parental'' and inserting ``family 
                and medical'' each place the term appears;
                    (D) in subparagraph (A), by striking ``subparagraph 
                (A) or (B)'' and inserting ``subparagraphs (A) through 
                (E)''; and
                    (E) in subparagraph (B)(i), by striking ``birth or 
                placement involved'' and inserting ``event giving rise 
                to such leave''; and
            (3) by adding at the end of section 102(a) the following:
            ``(6) Special rules on period of leave.--With respect to an 
        employee of the Government Accountability Office, the Library 
        of Congress, the United States Postal Service, or the Postal 
        Regulatory Commission--
                    ``(A) in the case of leave that includes leave 
                under subparagraph (A) through (E) of paragraph (1), 
                the employee shall be entitled to 12 administrative 
                workweeks of leave plus any additional period of leave 
                used under subsection (d)(3)(B)(ii) of this section or 
                section 202(d)(2)(B) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as 
                the case may be;
                    ``(B) for the purposes of paragraph (4), the 
                employee is entitled, under paragraphs (1) and (3), to 
                a combined total of 26 workweeks of leave plus, if 
                applicable, any additional period of leave used under 
                subsection (d)(3)(B)(ii) of this section or section 
                202(d)(2)(B) of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be; and
                    ``(C) the entitlement to leave under paragraph 
                (1)(B) in connection with adoption may commence prior 
                to the placement of the son or daughter to be adopted 
                for activities necessary to allow the adoption to 
                proceed.''.

SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE PRESIDENT.

    Section 412 of title 3, United States Code, is amended--
            (1) in subsection (a)(3), by striking ``or (B)'' and 
        inserting ``through (E)''; and
            (2) in subsection (c), by striking ``or (B)'' and inserting 
        ``through (E)'' each place the term appears.

SEC. 6. FAA AND TSA EMPLOYEES.

    Section 40122(g)(5) of title 49, United States Code, is amended--
            (1) in the paragraph heading, by striking ``parental''; and
            (2) by striking ``parental'' in each instance.

SEC. 7. TITLE 38 EMPLOYEES.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of Veterans Affairs shall modify the family and medical leave 
program provided by operation of section 7425(c) of title 38, United 
States Code, to conform with this Act and the amendments made by this 
Act.

SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC 
              DEFENDER SERVICE.

    (a) District of Columbia Courts.--Subsection (d) of section 11-
1726, District of Columbia Official Code, is amended to read as 
follows:
    ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the 
District of Columbia courts, the Joint Committee shall, notwithstanding 
any provision of such Act, establish a paid family and medical leave 
program for the leave described in subparagraphs (A) through (E) of 
section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)).
    ``(2) In developing the terms and conditions for the paid family 
and medical leave program under paragraph (1), the Joint Committee may 
be guided by the terms and conditions applicable to the provision of 
paid family and medical leave for employees of the Federal Government 
under chapter 63 of title 5, United States Code, and any corresponding 
regulations.''.
    (b) District of Columbia Public Defender Service.--Subsection (d) 
of section 305 of the District of Columbia Court Reform and Criminal 
Procedure Act of 1970 (sec. 21605, D.C. Official Code) is amended to 
read as follows:
    ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 et seq.) with respect to employees of the Service, the 
Director shall, notwithstanding any provision of such Act, establish a 
paid family and medical leave program for the leave described in 
subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 
U.S.C. 2612(a)(1)).
    ``(2) In developing the terms and conditions for the paid family 
and medical leave program under paragraph (1), the Director may be 
guided by the terms and conditions applicable to the provision of paid 
family and medical leave for employees of the Federal Government under 
chapter 63 of title 5, United States Code, and any corresponding 
regulations.''.
                                 &lt;all&gt;
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