Comprehensive Paid Leave for Federal Employees Act

Bill: 118-s-274
Sponsor: full_name: Sen. Schatz, Brian [D-HI]
Introduced: 2023-02-07
Policy area: Government Operations and Politics
Subjects: Adoption and foster care

Child care and development

Congressional officers and employees

District of Columbia

Employee benefits and pensions

Employee leave

Government Accountability Office (GAO)

Government employee pay, benefits, personnel management

Lawyers and legal services

Library of Congress

Military personnel and dependents

National Guard and reserves

Postal Regulatory Commission

Transportation employees

U.S. Postal Service
Latest action: action_date: 2023-02-07
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2023-02-07
action_desc: Introduced in Senate
text: <p><b>Comprehensive Paid Leave for Federal Employees Act</b></p> <p>This bill provides paid family and medical leave to federal employees. </p> <p>Currently, federal employees are entitled to 12 weeks of administrative leave for one or more of the following reasons: (1) the birth of a child, (2) the adoption or foster care of a child, (3) the care of an immediate family member with a serious health condition, (4) inability to work due to a serious health condition, and (5) exigencies relating to an immediate family member's active duty service in the Armed Forces. However, of these reasons, employees are entitled to paid administrative leave only in connection with the birth, adoption, or foster care of a child (i.e., parental leave).</p> <p>The bill provides 12 weeks of paid administrative leave for any of these reasons, and specifies that this leave is in addition to any annual or sick leave to which employees are entitled.</p>

tv_txt: II 118th CONGRESS 1st Session S. 274 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Schatz (for himself, Ms. Warren , Mrs. Gillibrand , Mr. Luján , Mr. Brown , Ms. Duckworth , Mr. Cardin , Mr. Padilla , Mr. Heinrich , Mr. Van Hollen , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide paid family and medical leave to Federal employees, and for other purposes.

1. Short title This Act may be cited as the Comprehensive Paid Leave for Federal Employees Act . 2. Paid family and medical leave for Federal employees covered by title 5 Chapter 63 of title 5, United States Code, is amended— (1) in section 6381, by amending paragraph (1)(B) to read as follows: (B) has completed at least 12 months of service— (i) as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or (ii) on covered active duty as a member of the National Guard or Reserves that interrupts service described in clause (i); ; and (2) in section 6382— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking 12 administrative workweeks of leave and inserting 12 administrative work weeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii) ; and (II) in subparagraph (B), by inserting and in order to care for such son or daughter before the period; (ii) by amending paragraph (2) to read as follows: (2) (A) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) shall commence at time of birth or placement of a son or daughter and shall expire at the end of the 12-month period beginning on the date of such birth or placement. (B) Notwithstanding subparagraph (A), the entitlement to leave under paragraph (1)(B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed. ; and (iii) in paragraph (4)— (I) by striking Subject to subsection (d)(2), during and inserting During ; and (II) 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 ; and (B) in subsection (d)— (i) in paragraph (1)— (I) by striking the first sentence; and (II) by striking under subchapter I ; and (ii) in paragraph (2)— (I) in subparagraph (A), by striking subparagraph (A) or (B) and inserting subparagraph (A) through (E) ; (II) by striking parental in each instance; (III) in subparagraph (B)(i), by striking birth or placement involved and inserting event giving rise to such leave ; (IV) by amending subparagraph (E) to read as follows: (E) Nothing in this paragraph shall be construed to modify the service requirement in section 6381(1)(B). ; (V) in subparagraph (F)(i), by striking An employee and inserting With respect to leave described under subparagraph (A) or (B) of subsection (a)(1), an employee ; and (VI) by adding at the end the following: (H) Notwithstanding paragraph (2)(B)(i), with respect to any employee who received paid leave for an event giving rise to such leave under any other provision of law and who becomes subject to this section during the period of eligibility for paid leave under this section with respect to such event, any paid leave for such event provided by this section shall be reduced by the total number of days of paid leave taken by such employee under such other provision of law. . 3. Congressional employees under the Congressional Accountability Act of 1995 Section 202 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312 ), is amended— (1) in subsection (a)— (A) paragraph (1)— (i) in the second sentence— (I) by striking subsection (a)(1)(A) or (B) and inserting under any of subparagraphs (A) through (E) of subsection (a)(1) ; and (II) by inserting 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 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 any of subparagraphs (A) through (E) 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 subsection (d)(2)(B) of this section. ; and (B) in paragraph (2), by amending subparagraph (B) to read as follows: (B) except for leave described under section 102(a)(3) of such Act, the term eligible employee as used in that Act means a covered employee. ; and (2) in subsection (d)— (A) in the subsection heading, by striking parental leave and inserting family and medical leave ; (B) in paragraph (1), by striking subparagraph (A) or (B) and inserting any of subparagraphs (A) through (E) ; (C) by striking parental each place the term appears; and (D) in paragraph (2)(A), by striking birth or placement involved and inserting event giving rise to such leave . 4. GAO, Library of Congress, Postal Service, and Postal Regulatory Commission employees The Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ), is amended— (1) in section 101(2)(E)— (A) in the subparagraph heading, by inserting USPS, and Postal Regulatory Commission after GAO ; (B) by inserting the United States Postal Service, or the Postal Regulatory Commission after Government Accountability Office ; and (C) by striking section 102(a)(1)(A) or (B) and inserting any of subparagraphs (A) through (E) of section 102(a)(1) ; (2) in section 102(d)(3)— (A) in the paragraph heading, by inserting USPS, and Postal Regulatory Commission after GAO ; (B) by striking the Government Accountability Office and inserting the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission each place the term appears; (C) by striking parental and inserting family and medical each place the term appears; (D) in subparagraph (A), by striking subparagraph (A) or (B) and inserting subparagraphs (A) through (E) ; and (E) in subparagraph (B)(i), by striking birth or placement involved and inserting event giving rise to such leave ; and (3) by adding at the end of section 102(a) the following: (6) Special rules on period of leave With respect to an employee of the Government Accountability Office, the Library of Congress, the United States Postal Service, or the Postal Regulatory Commission— (A) in the case of leave that includes leave under subparagraph (A) through (E) of paragraph (1), the employee shall be entitled to 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312(d)(2)(B) ), as the case may be; (B) for the 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 Congressional Accountability Act of 1995 ( 2 U.S.C. 1312(d)(2)(B) ), as the case may be; and (C) the entitlement to leave under paragraph (1)(B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed. . 5. Employees of the Executive Office of the President Section 412 of title 3, United States Code, is amended— (1) in subsection (a)(3), by striking or (B) and inserting through (E) ; and (2) in subsection (c), by striking or (B) and inserting through (E) each place the term appears. 6. FAA and TSA employees Section 40122(g)(5) of title 49, United States Code, is amended— (1) in the paragraph heading, by striking parental ; and (2) by striking parental in each instance. 7. Title 38 employees Not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with this Act and the amendments made by this Act. 8. District of Columbia courts and District of Columbia public defender service (a) District of Columbia courts Subsection (d) of section 11–1726, District of Columbia Official Code, is amended to read as follows: (d) (1) In carrying out the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee shall, notwithstanding any provision of such Act, establish a paid family and medical leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) ). (2) In developing the terms and conditions for the paid family and medical leave program under paragraph (1), the Joint Committee may be guided by the terms and conditions applicable to the provision of paid family and medical 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 defender service Subsection (d) of section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 21605, D.C. Official Code) is amended to read as follows: (d) (1) In carrying out the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a paid family and medical leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) ). (2) In developing the terms and conditions for the paid family and medical leave program under paragraph (1), the Director may be guided by the terms and conditions applicable to the provision of paid family and medical leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations. .