II
103D CONGRESS
2D SESSION
H. R. 4361
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 20 (legislative day, SEPTEMBER 12), 1994
Received
SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Governmental Affairs
OCTOBER 7 (legislative day, SEPTEMBER 12), 1994
Committee discharged
AN ACT
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 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—
‘‘(A) to give care or otherwise attend to a fam-
ily member having an illness, injury, or other condi-
tion which, if an employee had such condition, would
justify the use of sick leave by such an employee; or
‘‘(B) for purposes relating to the death of a
family 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—
(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.’’.
Passed the House of Representatives September 19,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.