Sec. 1122. Paid parental leave under title 5
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Chapter 63 of title 5, United States Code, is amended— in section 6381, by amending paragraph (1)(B) to read as follows: has completed at least 12 months of service as an employee (within the meaning of subparagraph (A)), except that no minimum service is required if the employee is invoking the right to leave under this subchapter based on the birth or placement of a son or daughter, as provided in section 6382(a)(1)
(A)or (B); ; and in section 6382— in subsection (a)(1)(B), by inserting before the period and in order to care for such son or daughter ; in subsection (b)(1), by striking the first sentence and inserting the following: An employing agency shall accommodate an employee's leave schedule request under subparagraph
(A)or
(B)of subsection (a)(1), including a request to use such leave intermittently or on a reduced leave schedule, to the extent that it does not disrupt unduly agency operations. To the extent that an employee's requested leave schedule is based on medical necessity related to a serious health condition connected to the birth of a son or daughter, the agency shall handle the scheduling consistent with the treatment of employees who are using leave under subparagraph
(C)or
(D)of subsection (a)(1). ; and by amending subsection
(d)to read as follows: An employee may elect to substitute for any leave without pay under subparagraph (C), (D), or
(E)of subsection (a)(1) any of the employee’s accrued or accumulated annual or sick leave under subchapter I, any advanced annual leave under section 6302(d), any advanced sick leave under section 6307(d), any donated annual leave under subchapter III or IV, or any other paid time off that the employee is authorized to use, for any part of the 12-week period of leave under such subsection, except that an employing agency may not permit substitution of sick leave, advanced sick leave, donated annual leave, or such other paid time off in a situation for which usage of such leave is not normally allowed. An employee may elect to substitute for leave without pay under subsection (a)(3)— any annual leave accrued or accumulated by such employee, or advanced to such employee, under subchapter I; any sick leave accrued or accumulated by such employee, or advanced to such employee, under subchapter I, notwithstanding the conditions and limitations that normally would apply to an employee using such sick leave under applicable law and regulations; and any other paid time off (including donated annual leave under subchapter III or IV) that the employee is authorized to use, except an employee may not use such time off in a situation for which usage of the time off is not normally allowed. 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. The paid leave that is available to an employee for purposes of paragraph
(2)is— 6 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved to be used during the 12-month period beginning on the date of birth or placement; any annual leave accrued or accumulated by such employee, or advanced to such employee, under subchapter I; any sick leave accrued or accumulated by such employee, or advanced to such employee, under subchapter I, notwithstanding the conditions and limitations that normally would apply to an employee using such sick leave under applicable law and regulations (such as conditions that would otherwise prevent sick leave from being used by a parent to bond with a newly born or placed child who is healthy); and any other paid time off (including donated annual leave under subchapter III or IV) that the employee is authorized to use, except an employee may not use such time off in a situation for which usage of the time off is not normally allowed. An employee may not be required to first use all or any portion of the leave described in subparagraph (B), (C), or
(D)of paragraph
(3)before being allowed to use the paid parental leave described in subparagraph
(A)of paragraph (3). Paid parental leave under paragraph (3)(A)— shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; may not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; if not used by the employee before the end of the 12-month period (as referred to in subsection (a)) to which it relates, may not be available for any subsequent use and may not be converted into a cash payment; may be granted only to the extent that the employee does not receive a total of more than 6 weeks of paid parental leave in any 12-month period beginning on the date of a birth or placement; may not be granted in excess of a lifetime aggregate total of 30 administrative workweeks based on placements of a foster child for any individual employee, and may not be granted in connection with temporary foster care placements expected to last less than 1 year; may not be granted for a child being placed for foster care or adoption if such leave was previously granted to the same employee when the same child was placed with the employee for foster care in the past; shall be used in increments of hours (or fractions thereof), with 6 administrative workweeks equal to 240 hours for employees with a regular full-time work schedule and converted to a proportional number of hours for employees with part-time, seasonal, or uncommon tours of duty; and may not be used during off-season (nonpay status) periods for employees with seasonal work schedules. The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including— 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); and the circumstances under which an employee may retroactively change the type of leave an employee is charged. . The Administrator of the Federal Aviation Administration and the Administrator of the Transportation Security Administration shall each prescribe procedures and policies to ensure that the rights under this section apply to the employees of each Administration. Such policies and procedures shall take effect on the effective date specified in subsection (c). This section and the amendments made by this section shall take effect 1 year after the date of the enactment of this Act.