I 
110TH CONGRESS 
2D SESSION 
H. R. 5718 
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2008 
Mrs. MALONEY of New York (for herself, Mr. DAVIS of Illinois, Mr. HOYER, 
Mr. GEORGE MILLER of California, Mr. TOM DAVIS of Virginia, Ms. 
WOOLSEY, Mr. BERMAN, Ms. DELAURO, Mr. ELLISON, Mr. FATTAH, Mr. 
FILNER, Mrs. GILLIBRAND, Mr. LEWIS of Georgia, Ms. MCCOLLUM of 
Minnesota, Mr. MORAN of Virginia, Mr. SARBANES, Ms. SCHAKOWSKY, 
Mr. SERRANO, Mr. VAN HOLLEN, Mr. CUMMINGS, Mr. AL GREEN of 
Texas, and Mr. KUCINICH) introduced the following bill; which was re-
ferred to the Committee on Oversight and Government Reform, and in 
addition to the Committees on House Administration and Education and 
Labor, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
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. 
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 
Paid Parental Leave Act of 2008’’. 
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SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. 
(a) AMENDMENT TO TITLE 5.—Subsection (d) of sec-
tion 6382 of title 5, United States Code, is amended— 
(1) by redesignating such subsection as sub-
section (d)(1); 
(2) by striking ‘‘subparagraphs (A), (B), (C), 
and’’ and inserting ‘‘subparagraphs (C) and’’; and 
(3) by adding at the end the following: 
‘‘(2) An employee may elect to substitute for any 
leave without pay under subparagraph (A) or (B) of sub-
section (a)(1) any paid leave which is available to such 
employee for that purpose. 
‘‘(3) The paid leave that is available to an employee 
for purposes of paragraph (2) is— 
‘‘(A) 8 administrative workweeks of paid paren-
tal leave under this subparagraph in connection with 
the birth or placement involved; and 
‘‘(B) any annual or sick leave accrued or accu-
mulated by such employee under subchapter I. 
‘‘(4) Nothing in this subchapter shall be considered 
to require— 
‘‘(A) that an employing agency provide paid 
sick leave in any situation in which such employing 
agency would not normally be required to provide 
such leave; or 
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‘‘(B) that an employee first use all or any por-
tion of the leave described in subparagraph (B) of 
paragraph (3) before being allowed to use the paid 
parental leave described in subparagraph (A) of such 
subparagraph. 
‘‘(5) Paid parental leave under paragraph (3)(A)— 
‘‘(A) shall be payable from any appropriation or 
fund available for salaries or expenses for positions 
within the employing agency; 
‘‘(B) shall not be considered to be annual or va-
cation leave for purposes of section 5551 or 5552 or 
for any other purpose; and 
‘‘(C) if not used by the employee before the end 
of the 12-month period (as referred to in subsection 
(a)(1)) to which it relates, shall not accumulate for 
any subsequent use. 
‘‘(6) The Director of the Office shall prescribe any 
regulations necessary to carry out this subsection, includ-
ing, subject to paragraph (4)(B), the manner in which an 
employee may designate any day or other period as to 
which such employee wishes to use paid parental leave de-
scribed in paragraph (3)(A).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall not be effective with respect to any birth 
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or placement occurring before the end of the 6-month pe-
riod beginning on the date of the enactment of this Act. 
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM-
PLOYEES. 
(a) AMENDMENT
TO CONGRESSIONAL ACCOUNT-
ABILITY ACT.—Section 202 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312) is amended— 
(1) in subsection (a)(1), by adding at the end 
the following: ‘‘In applying section 102(a)(1)(A) and 
(B) to covered employees, subsection (d) shall 
apply.’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) SPECIAL RULE FOR PAID PARENTAL LEAVE 
FOR CONGRESSIONAL EMPLOYEES.— 
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov-
ered employee taking leave without pay under sub-
paragraphs (A) or (B) of section 102(a)(1) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1)) may elect to substitute for any such 
leave any paid leave which is available to such em-
ployee for that purpose. 
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‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 
that is available to a covered employee for purposes 
of paragraph (1) is— 
‘‘(A) 8 workweeks of paid parental leave 
under this subparagraph in connection with the 
birth or placement involved; and 
‘‘(B) any additional paid vacation or sick 
leave provided by the employing office to such 
employee. 
‘‘(3) LIMITATION.—Nothing in this section 
shall be considered to require— 
‘‘(A) that an employing office provide paid 
sick leave in any situation in which such em-
ploying office would not normally be required to 
provide such leave; or 
‘‘(B) that a covered employee first use all 
or any portion of the leave described in sub-
paragraph (B) of paragraph (2) before being al-
lowed to use paid parental leave described in 
subparagraph (A) of such paragraph. 
‘‘(4) ADDITIONAL RULES.—Paid parental leave 
under paragraph (2)(A)— 
‘‘(A) shall be payable from any appropria-
tion or fund available for salaries or expenses 
for positions within the employing office; and 
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‘‘(B) if not used by the covered employee 
before the end of the 12-month period (as re-
ferred to in section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1))) to which it relates, shall not accu-
mulate for any subsequent use.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall not be effective with respect to any birth 
or placement occurring before the end of the 6-month pe-
riod beginning on the date of the enactment of this Act. 
SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MED-
ICAL LEAVE ACT FOR GAO AND LIBRARY OF 
CONGRESS EMPLOYEES. 
Section 102(d) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(d)) is amended by adding at the 
end the following: 
‘‘(3) SPECIAL RULE FOR GAO AND LIBRARY OF 
CONGRESS EMPLOYEES.— 
‘‘(A) SUBSTITUTION OF PAID LEAVE.—An 
employee of an employer described in section 
101(4)(A)(iv) taking leave under subparagraphs 
(A) or (B) of subsection (a)(1) may elect to 
substitute for any such leave any paid leave 
which is available to such employee for that 
purpose. 
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‘‘(B) AMOUNT OF PAID LEAVE.—The paid 
leave that is available to an employee of an em-
ployer described in section 101(4)(A)(iv) for 
purposes of paragraph (1) is— 
‘‘(i) 8 workweeks of paid parental 
leave under this clause in connection with 
the birth or placement involved; and 
‘‘(ii) any additional paid vacation or 
sick leave provided by such employer. 
‘‘(C) LIMITATION.—Nothing in this para-
graph shall be considered to require— 
‘‘(i) that an employer described in sec-
tion 101(4)(A)(iv) provide paid sick leave 
in any situation in which such employer 
would not normally be required to provide 
such leave; or 
‘‘(ii) that an employee of such an em-
ployer first use all or any portion of the 
leave described in clause (ii) of subpara-
graph (B) before being allowed to use paid 
parental leave described in clause (i) of 
such subparagraph. 
‘‘(D) ADDITIONAL RULES.—Paid parental 
leave under subparagraph (B)(i)— 
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‘‘(i) shall be payable from any appro-
priation or fund available for salaries or 
expenses for positions with employers de-
scribed in section 101(4)(A)(iv); and 
‘‘(ii) if not used by the employee of 
such employers before the end of the 12- 
month period (as referred to in subsection 
(a)(1)) to which it relates, shall not accu-
mulate for any subsequent use.’’. 
SEC. 5. STUDY. 
(a) IN GENERAL.—Not later than 12 months after 
the date of the enactment of this Act, the Government 
Accountability Office shall study and submit to Congress 
a written report on the feasibility and desirability of pro-
viding an insurance benefit to Federal employees which 
affords partial or total wage replacement with respect to 
periods of qualified leave. 
(b) PERIOD OF QUALIFIED LEAVE.—For purposes of 
this section, the term ‘‘period of qualified leave’’, as used 
with respect to a Federal employee, means any period of 
leave under section 6382 of title 5, United States Code, 
which would otherwise be leave without pay, and which 
is available by reason of— 
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(1) the need to care for the spouse or a son, 
daughter, or parent of the employee having a serious 
health condition; or 
(2) a serious health condition affecting the em-
ployee that renders such employee unable to perform 
the functions of the employee’s position. 
(c) MATTERS FOR INCLUSION.—The report shall in-
clude, at a minimum, the following: 
(1) A brief description of any plans or arrange-
ments under which similar benefits are currently 
provided to employees in this country (within the 
private sector or State or local government) or in 
other countries. 
(2) With respect to any plans or arrangements 
under which such benefits are currently provided to 
private or public sector employees in this country— 
(A) the portion or percentage of wages 
typically replaced; 
(B) how those benefits are generally fund-
ed, including in terms of the employer and em-
ployee shares; 
(C) whether employee coverage is optional 
or automatic; and 
(D) any waiting period or other conditions 
which may apply. 
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(3) Identification and assessment of any plans 
or arrangements described under the preceding pro-
visions of this subsection (or any aspects thereof) 
which might be particularly relevant to designing the 
insurance benefit (described in subsection (a)) for 
Federal employees, including how such benefit might 
be coordinated with annual leave, sick leave, or any 
other paid leave available to an employee for the 
purpose involved. 
Æ 
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