I 
116TH CONGRESS 
2D SESSION 
H. R. 8457 
To restore leave lost by Federal employees during certain public health 
emergencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 30, 2020 
Mr. KILMER (for himself, Ms. WEXTON, Mr. BEYER, Mr. CASE, and Mr. CON-
NOLLY) introduced the following bill; which was referred to the Com-
mittee on Oversight and Reform, and in addition to the Committees on 
House Administration, and the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To restore leave lost by Federal employees during certain 
public health emergencies, 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 Worker Leave 
Fairness Act of 2020’’. 
SEC. 2. RESTORATION OF LEAVE. 
(a) DEFINITIONS.—In this section— 
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(1) the term ‘‘agency’’ means each agency, of-
fice, or other establishment in the executive, legisla-
tive, or judicial branch of the Federal Government, 
including— 
(A) the Federal Aviation Administration; 
(B) the Transportation Security Adminis-
tration; 
(C) the Department of Veterans Affairs; 
(D) the United States Postal Service; 
(E) the Postal Regulatory Commission; 
(F) the Library of Congress; and 
(G) the Government Accountability Office; 
and 
(2) the term ‘‘employee’’— 
(A) means an employee of an agency; and 
(B) includes— 
(i) a covered employee, as that term is 
defined in section 101 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 
1301), other than an applicant for employ-
ment; 
(ii) a covered employee, as that term 
is defined in section 411(c) of title 3, 
United States Code; 
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(iii) an employee of the Department of 
Veterans Affairs, including an employee 
appointed under chapter 74 of title 38, 
United States Code, without regard to 
whether section 7421(a) of that title, sec-
tion 7425(b) of that title, or any other pro-
vision of chapter 74 of that title is incon-
sistent with that inclusion; 
(iv) an employee of the Transpor-
tation Security Administration, including 
an employee under section 111(d) of the 
Aviation and Transportation Security Act 
(49 U.S.C. 44935 note); 
(v) a Foreign Service officer; 
(vi) an employee of the Diplomatic Se-
curity Service of the Department of State; 
and 
(vii) any other individual occupying a 
position in the civil service, as that term is 
defined in section 2101(1) of title 5, 
United States Code. 
(b) RESTORATION OF LEAVE.—Any leave lost by an 
employee during a pandemic declared to be a nationwide 
public health emergency under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) because the amount 
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of the leave accumulated by the employee would have been 
in excess of the maximum amount that may be accumu-
lated by the employee under any provision of law or policy 
(including under section 6304 of title 5, United States 
Code) shall be restored to the employee. 
(c) APPLICABILITY.—Subsection (b) shall apply to 
any leave lost on or after the date of enactment of this 
Act. 
Æ 
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