[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1158
To provide paid family and medical leave to Federal employees, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2021
Mr. Schatz (for himself, Mr. Van Hollen, Mr. Menendez, and Ms.
Duckworth) 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.
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 ``Comprehensive Paid Leave for Federal
Employees Act''.
SEC. 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 covered by
subparagraph (A), or with the United States
Postal Service, the Postal Regulatory
Commission, or 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 workweeks
of leave plus, if applicable, 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 on the date of the 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,
if applicable, 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), by striking the first
sentence; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``subparagraph (A) or (B)''
and inserting ``any of subparagraphs
(A) through (E)'';
(II) by striking ``parental'' each
place it appears and inserting ``family
and medical'';
(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)--
(aa) by striking ``An
employee'' and inserting ``With
respect to leave described
under subparagraph (A) or (B)
of subsection (a)(1), an
employee''; and
(bb) by striking ``a period
of 12 weeks'' and inserting ``a
period equal to the period of
leave taken under subparagraph
(B)(i)''; and
(VI) by adding at the end the
following:
``(H) Notwithstanding subparagraph (B)(i), with respect to any
employee who received paid leave (for a purpose described in subsection
(a)(1) and 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.''.
SEC. 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) in paragraph (1)--
(i) in the second sentence, by striking
``subsection (a)(1)(A) or (B)'' and inserting
``any of subparagraphs (A) through (E) of
subsection (a)(1)''; and
(ii) by striking the third sentence and
inserting the following: ``For purposes of
applying section 102 of such Act, in the case
of leave that includes leave under any of
subparagraphs (A) through (E) of subsection
(a)(1) of that section, the covered employee
shall be entitled to 12 workweeks of leave
plus, if applicable, any additional period of
leave used under subsection (d)(2)(B). For
purposes of applying section 102(a)(4) 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, if applicable, any additional
period of leave used under subsection (d)(2)(B)
of this section.''; and
(B) in paragraph (2), in the last sentence, by
striking ``subparagraph (A) or (B)'' and inserting
``any of subparagraphs (A) through (E)''; 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 it appears
and inserting ``family and medical''; and
(D) in paragraph (2)(A), by striking ``birth or
placement involved'' and inserting ``event giving rise
to such leave''.
SEC. 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(a)--
(A) in paragraph (1)(B), by inserting ``and in
order to care for such son or daughter'' before the
period;
(B) in paragraph (4), by striking ``subsection
(d)(3)'' and inserting ``subsection (d)''; and
(C) by adding at the end 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, for purposes of applying this section as
described in paragraph (3) or (4) of subsection (d)--
``(A) in the case of leave that includes leave
under any of subparagraphs (A) through (E) of paragraph
(1), the employee shall be entitled to 12 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
``(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
(3) 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'' each place it appears and inserting ``the
Government Accountability Office, the United States
Postal Service, or the Postal Regulatory Commission'';
(C) by striking ``parental'' each place it appears
and inserting ``family and medical'';
(D) in subparagraph (A), by striking ``subparagraph
(A) or (B)'' and inserting ``any of subparagraphs (A)
through (E)''; and
(E) in subparagraph (B)(i), by striking ``birth or
placement involved'' and inserting ``event giving rise
to such leave''.
SEC. 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 ``subparagraph (A) or
(B)'' and inserting ``any of subparagraphs (A) through (E)'';
and
(2) in subsection (c), by striking ``subparagraph (A) or
(B)'' each place it appears and inserting ``any of
subparagraphs (A) through (E)''.
SEC. 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
inserting ``family and medical''; and
(2) by striking ``parental'' each place it appears and
inserting ``family and medical''.
SEC. 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, including the amendments made to subchapter V of chapter 63 of
title 5, United States Code.
SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC
DEFENDER SERVICE.
(a) District of Columbia Courts.--Section 11-1726(d), 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 of 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.--Section 305(d)
of the District of Columbia Court Reform and Criminal Procedure Act of
1970 (sec. 2-1605(d), 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 of 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.''.
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