[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 856 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 856
To provide paid family and medical leave to Federal employees, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2023
Mr. Beyer (for himself, Mr. Fitzpatrick, and Ms. Houlahan) introduced
the following bill; which was referred to the Committee on Oversight
and Accountability, and in addition to the Committees on Veterans'
Affairs, and House Administration, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 (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 subparagraph (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.''.
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) paragraph (1)--
(i) in the second sentence--
(I) by striking ``subsection
(a)(1)(A) or (B)'' and inserting
``under any of subsections (a)(1)(A)
through (E)''; 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) by striking ``subparagraph (A) or (B)'' and
inserting ``any of subparagraphs (A) through (E)'';
(C) by striking ``parental'' in each instance; 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 ``section 102(a)(1)(A) through (E)'';
(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'' in each instance and inserting ``the
Government Accountability Office, the United States
Postal Service, or the Postal Regulatory Commission'';
(C) by striking ``parental'' in each instance and
inserting ``family and medical'';
(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.''.
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 ``or (B)'' and
inserting ``through (E)''; and
(2) in subsection (c), by striking ``or (B)'' in each
instance and inserting ``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
(2) by striking ``parental'' in each instance.
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.
SEC. 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) In carrying out the family and medical leave act of 1993 (29
U.S.C. 2601 et seq.) with respect to non-judicial employees of the
District of Columbia courts, the Joint Committee on Judicial
Administration 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)). In developing the terms and conditions for
this program, 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) 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 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)). In
developing the terms and conditions for this program, 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.''.
<all>