Union Calendar No. 399
103D CONGRESS
2D SESSION
H. R. 4361
[Report No. 103–722]
A BILL
To amend title 5, United States Code, to provide
that an employee of the Federal Government
may use sick leave to attend to the medical needs
of a family member; to modify the voluntary
leave transfer program with respect to employees
who are members of the same family, and for
other purposes.
SEPTEMBER 19, 1994
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 399
103D CONGRESS
2D SESSION
H. R. 4361
[Report No. 103–722]
To amend title 5, United States Code, to provide that an employee of
the Federal Government may use sick leave to attend to the medical
needs of a family member; to modify the voluntary leave transfer program
with respect to employees who are members of the same family, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1994
Ms. NORTON introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
SEPTEMBER 19, 1994
Additional sponsors: Mrs. MORELLA, Mr. MINETA, and Mr. HOYER
SEPTEMBER 19, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To amend title 5, United States Code, to provide that an
employee of the Federal Government may use sick leave
to attend to the medical needs of a family member;
to modify the voluntary leave transfer program with re-
spect to employees who are members of the same family,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employees
Family Friendly Leave Act’’.
SEC. 2. USE OF SICK LEAVE TO CARE FOR A FAMILY MEM-
BER.
SEC. 2. USE OF SICK LEAVE FOR PURPOSES RELATING TO
A FAMILY MEMBER.
Section 6307 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) For the purpose of this subsection, the term
‘family member’ shall have such meaning as the Office of
Personnel Management shall by regulation prescribe, ex-
cept that such term shall include any individual who meets
the definition given that term, for purposes of the leave
transfer program under subchapter III, under regulations
prescribed by the Office (as in effect on January 1, 1994).
‘‘(2) In addition to any other allowable purpose, sick
leave may be used by an employee to give care or otherwise
attend to a family member of the employee having an ill-
ness, injury, or other condition which, if an employee had
such condition, would justify the use of sick leave by such
an employee.
‘‘(2) In addition to any other allowable purpose, sick
leave may be used by an employee—
‘‘(A) to give care or otherwise attend to a family
member having an illness, injury, or other condition
which, if an employee had such condition, would jus-
tify the use of sick leave by such an employee; or
‘‘(B) for purposes relating to the death of a fam-
ily member, including to make arrangements for or
attend the funeral of such family member.
‘‘(3)(A) This subsection shall be effective during the
3-year period that begins upon the expiration of the 2-
month period that begins on the date of the enactment
of this subsection.
‘‘(B) Not later than 6 months before the date as of
which this subsection is scheduled to cease to be effective,
the Office shall submit a report to Congress in which it
shall evaluate the operation of this subsection and make
recommendations as to whether or not this subsection
should be continued beyond such date.’’.
SEC. 3. TRANSFERS OF ANNUAL LEAVE BETWEEN FAMILY
MEMBERS.
(a) AUTHORITY.—
(1) IN GENERAL.—Subchapter III of chapter
63 of title 5, United States Code, is amended by in-
serting after section 6337 the following:
‘‘§ 6337a. Authority relating to transfers between fam-
ily members
‘‘(a) The Office of Personnel Management shall mod-
ify the program established by it under the other provi-
sions of this subchapter such that, in addition to any cir-
cumstance in which a transfer of annual leave would be
permitted under those other provisions, such a transfer
could also be made in the absence of any medical emer-
gency, but only if the transfer is from an employee to a
family member of the employee.
‘‘(b) The terms and conditions applicable with respect
to any transfer of leave under such other provisions of this
subchapter shall also apply with respect to any transfer
of leave under this section, except to the extent otherwise
provided in this section.
‘‘(c)(1) An application to receive any transfer of leave
under this section shall, in addition to providing the infor-
mation specified in section 6333(a)(1)(B)(i), identify the
employee (complete with such evidence of relationship as
may be required) from whom the applicant wishes to re-
ceive leave.
‘‘(2) Subsections (a)(1)(B)(ii)–(iii), (a)(2), and (c) of
section 6333, and the exhaustion requirement under sub-
section (b) of such section, shall not apply for purposes
of this section.
‘‘(3) An employee shall not be eligible to receive a
transfer of leave under this section if or to the extent that
the leave transfer would cause the total amount of annual
leave available to such employee to exceed 240 hours.
‘‘(d) In connection with applying section 6334 for
purposes of this section, the Office may by regulation re-
quire the inclusion of such information, on any application
to which such section relates, as may be necessary to fa-
cilitate the administration of this section.
‘‘(e)(1) Sections 6335, 6336, and 6337 shall not
apply for purposes of this section, except to the extent re-
quired under subsection (g)(2).
‘‘(2)(A) For purposes of carrying out the provisions
of law cited in section 6335(b)(2) with respect to any em-
ployee to whom a transfer of leave is made under this sec-
tion in the year in which the separation or other event
(constituting the basis for the lump-sum payment in-
volved) occurs, the total amount of leave based on which
such payment is computed shall be equal to the total
amount which would otherwise apply, reduced by the net
amount of leave received by such employee in such year
under this section, but not below zero.
‘‘(B) For the purpose of subparagraph (A), the net
amount of leave received under this section by an employee
in a year shall be equal to the amount by which—
‘‘(i) the total amount of leave received under
this section by such employee in such year, exceeds
‘‘(ii) the total amount of leave received under
this section from such employee by any other em-
ployee in such year,
if at all.
‘‘(f) A determination under this section as to whether
or not an employee is a family member of another em-
ployee shall be made using the definition under section
6307(d).
‘‘(g) Nothing in this section shall be considered to
permit an employee to make a transfer of leave under this
section to any other employee if—
‘‘(1) an application by or on behalf of such
other employee under section 6333 has been ap-
proved with respect to a medical emergency; and
‘‘(2) such medical emergency has not yet termi-
nated (as determined in accordance with section
6335).
‘‘(h)(1) Transfers of leave under this section may be
made during the 3-year period which begins at the start
of the first year beginning at least 60 days after the date
of the enactment of this section. The beginning and ending
dates of such 3-year period shall be fixed by the Office,
in a manner consistent with section 6304, by regulation.
‘‘(2) This section shall cease to be effective at the
end of the 3-year period described in paragraph (1).
‘‘(3) Not later than 6 months before the date as of
which this section is scheduled to cease to be effective,
the Office shall submit a report to Congress in which it
shall evaluate the operation of this section and make rec-
ommendations as to whether or not this section should be
continued beyond such date.’’.
(2) TABLE OF SECTIONS.—The table of sections
for chapter 63 of title 5, United States Code, is
amended by inserting after the item relating to sec-
tion 6337 the following:
‘‘6337a. Authority relating to transfers between family members.’’.
(b) EXCEPTED AGENCIES.—Section 6339(c)(1) of
title 5, United States Code, is amended by striking ‘‘emer-
gency.’’ and inserting ‘‘emergency, or to the extent such
a transfer would be allowable under section 6337a.’’.