[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2033 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 2033
To provide that 6 of the 12 weeks of parental leave made available to a
Federal employee shall be paid leave, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2015
Mr. Schatz (for himself and Ms. Mikulski) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide that 6 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 2015''.
SEC. 2. PAID PARENTAL LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.
(a) Amendment to Title 5.--Section 6382(d) of title 5, United
States Code, is amended--
(1) by inserting ``(1)'' before ``An employee may elect''
the first place it appears;
(2) by striking ``(A), (B),''; 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), 6 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
paragraph (3)(B) before being allowed to use the paid parental leave
described in paragraph (3)(A).
``(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 12 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 role of the Federal Government as a
model employer;
``(v) the impact of increased paid parental leave
on lower-income and economically disadvantaged
employees and their children; and
``(vi) 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) TSA.--
(1) In general.--Section 114(n) of title 49, United States
Code, is amended--
(A) by striking ``The personnel management system''
and inserting the following:
``(1) In general.--The personnel management system''; and
(B) by adding at the end the following:
``(2) Family and medical leave including paid parental
leave.--The personnel management system under paragraph (1)
shall include family and medical leave (including the ability
to substitute paid leave (including paid parental leave) for
any leave without pay under such family and medical leave) for
employees of the Transportation Security Administration
(including security screening personnel described in section
111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note)), which shall be provided in accordance with
subchapter V of chapter 63 of title 5.''.
(2) Conforming amendments relating to screener personnel.--
Section 111(d) of the Aviation and Transportation Security Act
(49 U.S.C. 44935 note) is amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) Family and medical leave including paid parental
leave.--Notwithstanding any other provision of law, security
screening personnel described in paragraph (1) shall be
eligible for family and medical leave (including the ability to
substitute paid leave (including paid parental leave) for any
leave without pay under such family and medical leave) under
subchapter V of chapter 63 of title 5, United States Code, and
in accordance with section 114(n)(2) of title 49, United States
Code.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of 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 amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of 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 amendments made by this section shall
apply with respect to any birth or placement that occurs on or after
the date that is 6 months after the date of enactment of this Act.
SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee who is a member of the National Guard or
Reserves to take leave under subparagraph (A) or (B) of section
6382(a)(1) of title 5, United States Code, or to substitute such leave
pursuant to subsection (d)(2) of section 6382 of such title (as added
by section 2), any service by such employee on covered active duty (as
defined in section 6381(7) of such title) shall be counted as service
as an employee for purposes of section 6381(1)(B) of such title.
(b) TSA Employees.--For purposes of determining the eligibility of
an employee of the Transportation Security Administration (including
security screening personnel described in section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C. 44935 note)) who is
a member of the National Guard or Reserves to take leave in a
circumstance described in subparagraph (A) or (B) of section 6382(a)(1)
of title 5, United States Code, or to substitute such leave in a manner
described in subsection (d)(2) of section 6382 of such title (as added
by section 2), any service by such employee on covered active duty (as
defined in section 6381(7) of such title) shall be counted as service
as an employee for purposes of determining whether the employee has
completed 12 months of service as an employee.
(c) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in section
101(3) of the Congressional Accountability Act of 1995 (2 U.S.C.
1301(3))) who is a member of the National Guard or Reserves to take
leave 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)) (pursuant to
section 202(a)(1) of the Congressional Accountability Act of 1995), or
to substitute such leave pursuant to subsection (d) of section 202 of
such Act (as added by section 3), any service by such employee on
covered active duty (as defined in section 101(14) of the Family and
Medical Leave Act of 1993) shall be counted as time during which such
employee has been employed in an employing office for purposes of
section 202(a)(2)(B) of the Congressional Accountability Act of 1995.
(d) GAO and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of the
National Guard or Reserves to take leave 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)), or to substitute such leave pursuant to paragraph
(3) of section 102(d) of such Act (as added by section 4), any service
by such employee on covered active duty (as defined in section 101(14)
of such Act) shall be counted as time during which such employee has
been employed for purposes of section 101(2)(A) of such Act.
SEC. 6. GAO REPORT.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the implementation of this Act and the amendments made by
this Act, which shall include--
(1) statistical information about the number of days of
paid and unpaid parental leave used by employees covered by
this Act or an amendment made by this Act according to race,
ethnicity, gender, and pay level; and
(2) an evaluation of the effect of this Act and the
amendments made by this Act on the recruitment and retention of
such employees.
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