I 
116TH CONGRESS 
2D SESSION 
H. R. 5885 
To make technical corrections relating to parental leave for Federal employees, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2020 
Mrs. CAROLYN B. MALONEY of New York (for herself, Mrs. MILLER, Mr. 
SMITH of Washington, Mr. KING of New York, Mr. HOYER, Mr. BARR, 
Ms. NORTON, Mr. FITZPATRICK, Mr. CONNOLLY, Mr. RODNEY DAVIS of 
Illinois, Ms. FRANKEL, Mr. TURNER, Mr. DEFAZIO, Mr. MCKINLEY, Mr. 
HASTINGS, and Mr. FERGUSON) introduced the following bill; which was 
referred to the Committee on Oversight and Reform, and in addition to 
the Committees on House Administration, Veterans’ Affairs, and the Ju-
diciary, 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 make technical corrections relating to parental leave for 
Federal employees, 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 Employee Pa-
rental Leave Technical Correction Act’’. 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
SEC. 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 fol-
lowing new subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to non-
judicial employees of the District of Columbia courts, the 
Joint Committee on Judicial Administration shall, not-
withstanding any provision of such Act, establish a paid 
parental leave program for the leave described in subpara-
graphs (A) and (B) of section 102(a)(1) of such Act (29 
U.S.C. 2612(a)(1)) (relating to leave provided in connec-
tion with the birth of a child or the placement of a child 
for adoption or foster care). In developing the terms and 
conditions for this program, the Joint Committee may be 
guided by the terms and conditions applicable to the provi-
sion of paid parental 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 DE-
FENDER SERVICE.—Section 305 of the District 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
of Columbia Court Reform and Criminal Proce-
dure Act of 1970 (sec. 2–1605, D.C. Official 
Code) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to em-
ployees of the Service, the Director shall, notwithstanding 
any provision of such Act, establish a paid parental leave 
program for the leave described in subparagraphs (A) and 
(B) of section 102(a)(1) of such Act (29 U.S.C. 
2612(a)(1)) (relating to leave provided in connection with 
the birth of a child or the placement of a child for adoption 
or foster care). In developing the terms and conditions for 
this program, the Director may be guided by the terms 
and conditions applicable to the provision of paid parental 
leave for employees of the Federal Government under 
chapter 63 of title 5, United States Code, and any cor-
responding regulations.’’. 
(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— 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
(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 work-
weeks of leave plus any additional period 
of 
leave 
used 
under 
subsection 
(d)(2)(B)(ii))’’ after ‘‘12 administrative 
workweeks of leave’’; and 
(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))’’ after ‘‘26 
administrative workweeks of leave’’. 
(B) CONGRESSIONAL
EMPLOYEES.—Sec-
tion 202(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312(a)(1)), as 
amended by section 7603 of the National De-
fense Authorization Act for Fiscal Year 2020, 
is amended— 
(i) in the second sentence, by insert-
ing ‘‘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 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
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 
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 com-
bined 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 Med-
ical Leave Act of 1993 (29 U.S.C. 2611(a)) is 
amended by adding at the end the following: 
‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 
With respect to an employee of the Government Ac-
countability Office and an employee of the Library 
of Congress— 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) in the case of leave that includes 
leave under subparagraph (A) or (B) of para-
graph (1), the employee shall be entitled to 12 
administrative workweeks of leave plus any ad-
ditional period of leave used under subsection 
(d)(3)(B)(ii) 
of 
this 
section 
or 
section 
202(d)(2)(B) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), 
as the case may be; and 
‘‘(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 Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1312(d)(2)(B)), as the case may be.’’. 
(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 EM-
PLOYEES.— 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
(1) AMENDMENTS TO CHAPTER 5 OF TITLE 3, 
UNITED
STATES
CODE.—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 de-
scribed 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 ad-
ditional period of leave used under subsection 
(c)(2)(B) of this section. For purposes of apply-
ing 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 sub-
section (c)(2)(B) of this section.’’; 
(B) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
(C) by inserting after subsection (b) the 
following: 
‘‘(c) SPECIAL RULE FOR PAID PARENTAL LEAVE.— 
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov-
ered employee may elect to substitute for any leave 
without pay under subparagraph (A) or (B) of sec-
tion 102(a)(1) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)) any paid leave 
which is available to such employee for that purpose. 
‘‘(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 ad-
ministrative 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 Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) 
and in addition to the administrative workweeks 
described in subparagraph (A), any additional 
paid vacation, personal, family, medical, or sick 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
leave provided by the employing office to such 
employee. 
‘‘(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)) shall 
be considered to require or permit an employing of-
fice to require that an employee first use all or any 
portion of the leave described in paragraph (2)(B) 
before being allowed to use the paid parental leave 
described in paragraph (2)(A). 
‘‘(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; 
‘‘(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; and 
‘‘(C) shall apply without regard to the limi-
tations in subparagraph (E), (F), or (G) of sec-
tion 6382(d)(2) of title 5, United States Code, 
or section 104(c)(2) of the Family and Medical 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS
Leave Act of 1993 (29 U.S.C. 2614(c)(2)).’’; 
and 
(D) in subsection (e)(1), as so redesig-
nated, by striking ‘‘subsection (c)’’ and insert-
ing ‘‘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 strik-
ing ‘‘and’’ at the end; 
(ii) in subparagraph (J), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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 
VerDate Sep 11 2014 
04:23 Feb 20, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5885.IH
H5885
kjohnson on DSK79L0C42PROD with BILLS