IB 
Union Calendar No. 389 
110TH CONGRESS 
2D SESSION 
H. R. 5781 
[Report No. 110–624, Part I] 
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 14, 2008 
Mrs. MALONEY of New York (for herself, Mr. DAVIS of Illinois, Mr. TOM 
DAVIS of Virginia, Mr. GEORGE MILLER of California, Mr. HOYER, Mr. 
BERMAN, Mr. CUMMINGS, Ms. DELAURO, Mr. ELLISON, Mr. FATTAH, 
Mr. FILNER, Mrs. GILLIBRAND, Mr. AL GREEN of Texas, Mr. KUCINICH, 
Mr. LEWIS of Georgia, Ms. MCCOLLUM of Minnesota, Mr. MORAN of Vir-
ginia, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. VAN 
HOLLEN, and Ms. WOOLSEY) introduced the following bill; which was re-
ferred to the Committee on Oversight and Government Reform, and in 
addition to the Committee on House Administration, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
MAY 8, 2008 
Reported from the Committee on Oversight and Government Reform with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 8, 2008 
Committee on House Administration discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on April 14, 2008] 
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’’. 
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 ‘‘subparagraph (A), (B), (C), or’’ 
and inserting ‘‘subparagraph (C) or’’; 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 subsection 
(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— 
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‘‘(A) subject to paragraph (6), 4 administrative 
workweeks of paid parental leave under this subpara-
graph in connection with the birth or placement in-
volved; 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 agen-
cy would not normally be required to provide such 
leave; or 
‘‘(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 para-
graph (3). 
‘‘(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 
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‘‘(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 of Personnel Manage-
ment— 
‘‘(A) may promulgate regulations to increase the 
amount of paid parental leave available to an em-
ployee under paragraph (3)(A), to a total of not more 
than 8 administrative workweeks, based on the con-
sideration of the following factors: 
‘‘(i) the benefits provided to the Federal 
Government of offering paid parental leave, in-
cluding enhanced recruitment and retention of 
employees; 
‘‘(ii) the cost to the Federal Government of 
increasing the amount of paid parental leave 
that is available to employees; 
‘‘(iii) trends in the private sector and in 
State and local governments with respect to of-
fering paid parental leave; 
‘‘(iv) the Federal Government’s role as a 
model employer; and 
‘‘(v) such other factors as the Director con-
siders necessary; and 
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‘‘(B) shall prescribe any regulations necessary to 
carry out this subsection, including, subject to para-
graph (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 described 
in paragraph (3)(A).’’. 
(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 period 
beginning on the date of the enactment of this Act. 
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EM-
PLOYEES. 
(a) AMENDMENT TO CONGRESSIONAL ACCOUNTABILITY 
ACT.—Section 202 of the Congressional Accountability 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.— 
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‘‘(1) SUBSTITUTION OF PAID LEAVE.—A covered 
employee taking leave without pay under subpara-
graphs (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 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 correspond to the number of ad-
ministrative workweeks of paid parental leave 
available to Federal employees under section 
6382(d)(3)(A) of title 5, United States Code; 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 
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‘‘(B) that a covered employee first use all or 
any portion of the leave described in subpara-
graph (B) of paragraph (2) before being allowed 
to use paid parental leave described in subpara-
graph (A) of paragraph (2). 
‘‘(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 
‘‘(B) if not used by the covered employee be-
fore the end of the 12-month period (as referred 
to in section 102(a)(1) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) 
to which it relates, shall not accumulate 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 period 
beginning on the date of the enactment of this Act. 
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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 sub-
stitute for any such leave any paid leave which 
is available to such employee for that purpose. 
‘‘(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 pur-
poses of paragraph (1) is— 
‘‘(i) the number of weeks of paid pa-
rental leave in connection with the birth or 
placement involved that correspond to the 
number of administrative workweeks of 
paid parental leave available to Federal em-
ployees under section 6382(d)(3)(A) of title 
5, United States Code; and 
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‘‘(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)— 
‘‘(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 
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(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 Account-
ability Office shall study and submit to Congress a written 
report on the feasibility and desirability of providing an 
insurance benefit to Federal employees which affords par-
tial 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— 
(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: 
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(1) A brief description of any plans or arrange-
ments under which similar benefits are currently pro-
vided to employees in this country (within the private 
sector or State or local government) or in other coun-
tries. 
(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 typi-
cally replaced; 
(B) how those benefits are generally funded, 
including in terms of the employer and employee 
shares; 
(C) whether employee coverage is optional 
or automatic; and 
(D) any waiting period or other conditions 
which may apply. 
(3) Identification and assessment of any plans 
or arrangements described under the preceding provi-
sions of this subsection (or any aspects thereof) which 
might be particularly relevant to designing the insur-
ance benefit (described in subsection (a)) for Federal 
employees, including how such benefit might be co-
ordinated with annual leave, sick leave, or any other 
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paid leave available to an employee for the purpose 
involved. 
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Union Calendar No. 389 
110TH CONGRESS 
2D SESSION 
H. R. 5781 
[Report No. 110–624, Part I] 
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. 
MAY 8, 2008 
Committee on House Administration discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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