I 
116TH CONGRESS 
2D SESSION 
H. R. 8541 
To help ensure that COVID–19 does not prevent disabled veterans from 
using the medical treatment leave to which such veterans are entitled, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2020 
Mr. KILMER (for himself, Mr. FITZPATRICK, and Mr. CONNOLLY) introduced 
the following bill; which was referred to the Committee on Oversight and 
Reform 
A BILL 
To help ensure that COVID–19 does not prevent disabled 
veterans from using the medical treatment leave to which 
such veterans are entitled, 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. DISABLED VETERAN LEAVE EXTENSION AND 
RESTORATION. 
(a) IN GENERAL.—The period during which a cov-
ered employee is entitled to leave under section 6329(a) 
of title 5, United States Code, shall be the 24-month pe-
riod beginning on the first day of employment of such em-
ployee. 
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(b) LEAVE FORFEITURE.— 
(1) IN GENERAL.—Notwithstanding subsection 
(b)(2) of section 6329 of title 5, United States Code, 
leave to which subsection (a) applies shall be for-
feited and may not be carried over if such leave is 
not used during the 24-month period described in 
such subsection. 
(2) 
OTHER
FORFEITURE
RULE
INAPPLI-
CABLE.—Any leave credited to a covered employee 
that has not been forfeited prior to the date of the 
enactment of this Act by operation of section 
6329(b)(2) of title 5, United States Code, shall not 
be forfeited by operation of such section. 
(c) PREVIOUSLY FORFEITED LEAVE RESTORED.— 
(1) IN GENERAL.—Leave credited to a covered 
employee that was forfeited by operation of section 
6329(b)(2) of title 5, United States Code, shall be 
made available to such employee in accordance with 
paragraph (3) and to the extent it was so forfeited 
if— 
(A) such employee did not use such leave 
prior to forfeiture because medical treatment 
from a Veterans Affairs medical provider for 
the related disability was not reasonably avail-
able due to COVID–19, as determined by the 
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Director of the Veterans Integrated Service 
Network in which such employee resided on the 
date of such forfeiture; and 
(B) such employee would be entitled to 
leave under section 6329(a) of title 5, United 
States Code, if the date on which leave would 
be made available under this paragraph was the 
first day of employment of such employee. 
(2) RESTORED
LEAVE
AVAILABILITY.—Leave 
made available to a covered employee under para-
graph (1) shall remain available to such employee 
until the date that is 12 months after the date on 
which such leave was forfeited by operation of sec-
tion 6329(b)(2) of title 5, United States Code. 
(3) APPLICATION.—A covered employee that 
seeks leave to be made available under paragraph 
(1) shall submit to the head of the agency employing 
such employee a request, in such form and manner 
as the Director of the Office of Personnel Manage-
ment may prescribe, for such leave. 
(4) TREATMENT OF RESTORED LEAVE.—Except 
as provided in this subsection, leave made available 
under this subsection shall be treated in the same 
manner as leave credited to an employee under sec-
tion 6329 of title 5, United States Code. 
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(d) RULE OF CONSTRUCTION.—Subsection (a) shall 
not be construed as modifying or otherwise affecting the 
rights of any covered employee with respect to leave for-
feited prior to the date of the enactment of this Act by 
operation of section 6329(b)(2) of title 5, United States 
Code. 
(e) DEFINITIONS.—In this Act: 
(1) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ means an employee described in section 
6329(a) of title 5, United States Code, whose first 
day of employment is during the covered period. 
(2) COVERED PERIOD.—The term ‘‘covered pe-
riod’’ means the period beginning on March 1, 2019, 
and ending on June 1, 2021. 
(3) RELATED DISABILITY.—The term ‘‘related 
disability’’ means the disability for which a covered 
employee is entitled to the leave referred to in sub-
section (a). 
(4) VETERANS AFFAIRS MEDICAL PROVIDER.— 
The term ‘‘Veterans Affairs medical provider’’ 
means any— 
(A) medical facility of the Department of 
Veterans Affairs that furnishes medical care or 
services; or 
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(B) non-Department of Veterans Affairs 
health care provider who provides medical care 
or services to veterans under the laws adminis-
tered by the Secretary of Veterans Affairs. 
Æ 
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