Federal Employee Parental Leave Technical Correction Act

To make technical corrections relating to parental leave for Federal employees, and for other purposes. 1. Short title This Act may be cited as the Federal Employee Parental Leave Technical Correction Act 2. Family and medical leave amendments (a) In general (1) Paid parental leave for employees of District of Columbia courts and District of Columbia Public Defender Service (A) District of Columbia courts Section 11–1726, District of Columbia Official Code, is amended by adding at the end the following new subsection: (d) In carrying out the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 29 U.S.C. 2612(a)(1) chapter 63 . (B) District of Columbia Public Defender Service Section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2–1605, D.C. Official Code) is amended by adding at the end the following new subsection: (d) In carrying out the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 29 U.S.C. 2612(a)(1) chapter 63 . (2) Clarification of use of other leave in addition to 12 weeks as Family and Medical Leave (A) Title 5 Section 6382(a) of title 5, United States Code, as amended by section 7602 of the National Defense Authorization Act for Fiscal Year 2020, is amended— (i) in paragraph (1), in the matter preceding subparagraph (A), by inserting (or, in the case of leave that includes leave under subparagraph (A) or (B) of this paragraph, 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii)) 12 administrative workweeks of leave (ii) in paragraph (4), by inserting (or 26 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii)) 26 administrative workweeks of leave (B) Congressional employees Section 202(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312(a)(1) (i) in the second sentence, 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 (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 subparagraph (A) or (B) 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. (C) Other employees covered under the Family and Medical Leave Act of 1993 Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(a) (6) Special rules on period of leave With respect to an employee of the Government Accountability Office and an employee of the Library of Congress— (A) in the case of leave that includes leave under subparagraph (A) or (B) 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) (B) for 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) . (3) Applicability The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020. (b) Paid parental leave for presidential employees (1) Amendments to chapter 5 Section 412 of title 3, United States Code, is amended— (A) in subsection (a)(1), by adding at the end the following: In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (c) of this section shall apply 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 (c)(2)(B) of this section. For purposes of applying section 102(a)(4) of such Act, in the case of leave that includes leave under subparagraph (A) or (B) 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 (c)(2)(B) of this section. (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (C) by inserting after subsection (b) the following: (c) Special rule for paid parental leave (1) Substitution of paid leave A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (2) Amount of paid leave The paid leave that is available to a covered employee for purposes of paragraph (1) is— (A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5, United States Code; and (B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (3) Limitation Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(d)(2)(A) (4) Additional rules Paid parental leave under paragraph (2)(A)— (A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; (B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5, United States Code, or section 104(c)(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(c)(2) ; and (D) in subsection (e)(1), as so redesignated, by striking subsection (c) subsection (d) (2) Applicability The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020. (c) FAA and TSA (1) Application of Federal FML (A) In general Section 40122(g)(2) of title 49, United States Code, is amended— (i) in subparagraph (I)(iii), by striking and (ii) in subparagraph (J), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (K) subchapter V of chapter 63, relating to family and medical leave. . (B) Applicability The amendments made by subparagraph (A) shall not be effective with respect to any event for which leave may be taken under subchapter V of chapter 63 (2) Corrections for TSA screeners Section 7606 of the National Defense Authorization Act for Fiscal Year 2020 is amended— (A) by striking Section 111(d)(2) (a) In general Section 111(d)(2) ; and (B) by adding at the end the following: (b) Effective date; application (1) In general The amendment made by subsection (a) shall not be effective with respect to any event for which leave may be taken under subchapter V of chapter 63 (2) Application to service requirement for eligibility For purposes of applying the period of service requirement under subparagraph (B) of section 6381(1) to an individual appointed under section 111(d)(1) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 . (d) Title 38 employees (1) In general Section 7425 of title 38, United States Code, is amended— (A) in subsection (b), by striking Notwithstanding Except as provided in subsection (c), and notwithstanding (B) by adding at the end the following: (c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed by the Administration family and medical leave in the same manner, to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 . (2) Applicability The amendments made by paragraph (1) shall not be effective with respect to any event for which leave may be taken under subchapter V of chapter 63 (e) Article I judges (1) Bankruptcy judges Section 153(d) of title 28, United States Code, is amended— (A) by striking A bankruptcy judge (1) Except as provided in paragraph (2), a bankruptcy judge (B) by adding at the end the following: (2) The provisions of subchapter V of chapter 63 . (2) Magistrate judges Section 631(k) of title 28, United States Code, is amended— (A) by striking A United States magistrate judge (1) Except as provided in paragraph (2), a United States magistrate judge (B) by adding at the end the following: (2) The provisions of subchapter V of chapter 63 . (3) Applicability The amendments made by this subsection shall not be effective with respect to any birth or placement occurring before October 1, 2020. (f) Technical corrections (1) Section 7605 of the National Defense Authorization Act for Fiscal Year 2020 is amended by striking on active duty on covered active duty (2) Subparagraph (E) of section 6382(d)(2) of title 5, United States Code, as added by section 7602 of the National Defense Authorization Act for Fiscal Year 2020, is amended by striking the requirement to complete the service requirement under subparagraph (B) of section 6381(1). (g) Effective date The amendments made by this section shall take effect as if enacted immediately after the enactment of the National Defense Authorization Act for Fiscal Year 2020.

Summary: Federal Employee Parental Leave Technical Correction Act This bill expands certain paid parental leave benefits to include specified public sector employees, including employees of the Federal Aviation Administration and the Transportation Security Administration, the Executive Office of the President and the White House, and the District of Columbia Courts and Public Defender Service.