[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5781 Referred in Senate (RFS)]
2d Session
H. R. 5781
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20 (legislative day, June 19), 2008
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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 Representatives 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 section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (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--
``(A) subject to paragraph (6), 4 administrative workweeks
of paid parental leave under this subparagraph in connection
with the birth or placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subsection shall be considered to require
that an employee first use all or any portion of the leave described in
subparagraph (B) of paragraph (3) before being allowed to use the paid
parental leave described in subparagraph (A) of paragraph (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 vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(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 Management--
``(A) may promulgate regulations to increase the amount of
paid parental leave available to an employee under paragraph
(3)(A), to a total of not more than 8 administrative workweeks,
based on the consideration of--
``(i) the benefits provided to the Federal
Government of offering increased paid parental leave,
including 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 offering paid
parental leave;
``(iv) the Federal Government's role as a model
employer; and
``(v) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry
out this subsection, including, subject to paragraph (4), 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 amendment 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 EMPLOYEES.
(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) of such
Act 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 following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraph (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 administrative 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 subsection shall be
considered to require that an employee first use all or any
portion of the leave described in subparagraph (B) of paragraph
(2) before being allowed to use the paid parental leave
described in subparagraph (A) of paragraph (2).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical 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 amendment 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. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--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 subparagraph (A) or (B) of subsection
(a)(1) may elect to substitute 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 employer described in
section 101(4)(A)(iv) for purposes of subparagraph (A)
is--
``(i) the number of weeks of paid parental
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid parental leave
available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code;
and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require that an employee first use all
or any portion of the leave described in clause (ii) of
subparagraph (B) before being allowed to use the 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
appropriation or fund available for salaries or
expenses for positions with the employer
described in section 101(4)(A)(iv); and
``(ii) if not used by the employee of such
employer 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.''.
(b) Effective Date.--The amendment 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.
Passed the House of Representatives June 19, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.