Servicemember Parental Leave Equity Act
Bill: H.R.3122 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Armed Forces and National Security

Summary:
Servicemember Parental Leave Equity Act
This bill modifies Department of Defense parental leave provisions for members of the Armed Forces.
Specifically, the bill increases parental leave for primary caregivers to 18 weeks (currently 12) following the birth of a child and to 12 weeks (currently 6) following the adoption of a child. The bill increases parental leave for a secondary caregiver from 21 days to 12 weeks in connection with the birth or adoption of a child.
Primary or secondary caregivers of a long-term foster child are authorized to take up to 12 weeks of leave in connection with such placement.
Parental leave for a primary or secondary caregiver for a birth, adoption, or foster child placement may be taken in more than one increment. For primary caregivers, the leave must be utilized within one year of the event.
The bill authorizes up to 12 weeks of leave to certain service members who would have been secondary caregivers but for a miscarriage, stillbirth, or infant death.
The following activities required of an active-duty member within a 12-month postpartum period must have the approval of a health care provider and be at the election of the member or in the interest of national security: (1) an order of temporary duty overnight travel or to participate in physically demanding field training exercises, (2) meeting of body composition standards, or (3) passing a physical fitness test.
The bill also reduces the service commitment required for participation in the Career Intermission Program.

To amend title 10, United States Code, to expand parental leave for 
members of the Armed Forces, to reduce the service commitment required 
  for participation in the career intermission program of a military 
                  department, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemember Parental Leave Equity 
Act''.

SEC. 2. EXPANSION OF PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.

    (a) Expansion.--Section 701 of title 10, United States Code, is 
amended--
            (1) in subsection (i)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``twelve weeks'' and inserting ``18 weeks'';
                            (ii) in subparagraph (B), by striking ``six 
                        weeks'' and inserting ``12 weeks''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
    ``(C) Under the regulations prescribed for purposes of this 
subsection, a member of the armed forces described in paragraph (2) who 
is the primary caregiver in the case of a long-term placement of a 
foster child is allowed up to 12 weeks of total leave to be used in 
connection with such placement, subject to limits as determined by the 
Secretary regarding--
            ``(i) the total number of times that a member of the armed 
        forces may use leave under this section with respect to the 
        placement of a foster child; and
            ``(ii) the frequency with which a member of the armed 
        forces may use leave under this section with respect to the 
        placement of a foster child.'';
                    (B) in paragraph (5), by striking ``birth or 
                adoption'' and inserting ``birth, adoption, or foster 
                child placement''; and
                    (C) in paragraph (6)(A), by striking ``birth or 
                adoption'' and inserting ``birth, adoption, or foster 
                child placement'';
            (2) in subsection (j)--
                    (A) in paragraph (1), by striking ``21 days'' and 
                inserting ``12 weeks'';
                    (B) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (C) by inserting, after paragraph (1), the 
                following new paragraph (2):
    ``(2) Under the regulations prescribed for purposes of this 
subsection, a member of the armed forces described in subsection (i)(2) 
who is the secondary caregiver in the case of a long-term placement of 
a foster child is allowed up to 12 weeks of total leave to be used in 
connection with such placement, subject to limits as determined by the 
Secretary regarding--
            ``(A) the total number of times that a member of the armed 
        forces may use leave under this section with respect to the 
        placement of a foster child; and
            ``(B) the frequency with which a member of the armed forces 
        may use leave under this section with respect to the placement 
        of a foster child.'';
                    (D) in paragraph (4), as redesignated, by striking 
                ``only in one increment in connection with such birth 
                or adoption'' and inserting ``in more than one 
                increment in connection with such birth, adoption, or 
                foster child placement in accordance with regulations 
                prescribed by the Secretary of Defense''; and
                    (E) by adding at the end the following new 
                paragraph (6):
    ``(6) Under regulations prescribed for purposes of this subsection, 
the Secretary shall provide a member of the armed forces described in 
subsection (i)(2), who would have been a secondary caregiver but for a 
miscarriage, stillbirth, or infant death, with leave--
            ``(A) in addition to leave under subsection (a); and
            ``(B) not to exceed the amount of leave under paragraph 
        (1).'';
            (3) in subsection (l), by inserting ``ordered to temporary 
        duty overnight travel, or ordered to participate in physically 
        demanding field training exercises,'' before ``during''; and
            (4) by adding at the end the following new subsection (m):
    ``(m) A member of the armed forces who gives birth while on active 
duty may be required to meet body composition standards or pass a 
physical fitness test during the period of 12 months beginning on the 
date of such birth only with the approval of a health care provider 
employed at a military medical treatment facility and--
            ``(1) at the election of such member; or
            ``(2) in the interest of national security, as determined 
        by the Secretary of Defense.''.
    (b) Regulations; Guidance and Policies.--
            (1) Regulations.--The Secretary of Defense shall prescribe 
        regulations--
                    (A) for leave under subsection (i)(1)(C) and 
                subsection (j)(2) of section 701 of title 10, United 
                States Code, as amended by subsection (a), not later 
                than one year after the date of the enactment of this 
                Act;
                    (B) that establish leave, consistent across the 
                Armed Forces, under subsection (j)(6) of such section 
                not later than one year after the date of the enactment 
                of this Act; and
                    (C) that establish convalescent leave, consistent 
                across the Armed Forces, under subsection (i)(1) of 
                such section not later than 180 days after the date of 
                the enactment of this Act.
            (2) Guidance and policies.--Each Secretary of a military 
        department shall prescribe--
                    (A) policies to establish the maximum amount of 
                leave under subsection (i)(1) of section 701 of title 
                10, United States Code, as amended by subsection (a), 
                not later than one year after the date of the enactment 
                of this Act;
                    (B) policies to implement leave under subsection 
                (i)(5) or (j)(4) of such section not later than 180 
                days after the date of the enactment of this Act;
                    (C) policies to implement not less than 21 days of 
                leave pursuant to regulations prescribed under 
                paragraphs (1) and (2) of subsection (j) of such 
                section not later than one year after the date of the 
                enactment of this Act; and
                    (D) policies to implement the maximum amount of 
                leave pursuant to regulations prescribed under 
                paragraphs (1) and (2) of subsection (j) of such 
                section not later than five years after the date of the 
                enactment of this Act.
    (c) Reporting.--Not later than January 1, 2023, and annually 
thereafter, each Secretary of a military department shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the following:
            (1) The use, during the preceding fiscal year, of leave 
        under subsections (i) and (j) of section 701 of title 10, 
        United States Code, as amended by subsection (a), disaggregated 
        by births, adoptions, and foster placements, including--
                    (A) the number of members in each Armed Force under 
                the jurisdiction of the Secretary who became primary 
                caregivers;
                    (B) the number of members in each Armed Force under 
                the jurisdiction of the Secretary who became secondary 
                caregivers;
                    (C) the number of primary caregivers who used 
                primary caregiver leave;
                    (D) the number of secondary caregivers who used 
                secondary caregiver leave;
                    (E) the number of primary caregivers who used the 
                maximum amount of primary caregiver leave;
                    (F) the number of secondary caregivers who used the 
                maximum amount of secondary caregiver leave;
                    (G) the number of primary caregivers who utilized 
                primary caregiver leave in multiple increments;
                    (H) the number of secondary caregivers who utilized 
                primary caregiver leave in multiple increments;
                    (I) the median duration of primary caregiver leave 
                used by primary caregivers;
                    (J) the median duration of secondary caregiver 
                leave used by secondary caregivers; and
                    (K) other information the Secretary determines 
                appropriate.
            (2) An analysis of the effect of leave described in 
        paragraph (1) on--
                    (A) readiness; and
                    (B) retention.
            (3) Any actions taken by the Secretary to mitigate negative 
        effects described in paragraph (2).
            (4) The number of members deployed under each paragraph of 
        subsection (l) of section 701 of title 10, United States Code, 
        as amended by subsection (a).

SEC. 3. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR PARTICIPATION IN 
              CAREER INTERMISSION PROGRAM OF A MILITARY DEPARTMENT.

    Section 710(c)(3) of title 10, United States Code, is amended by 
striking ``two months'' and inserting ``one month''.
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