Sec. 308. Paid leave for a serious health condition
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The purpose of this section is to— help the intelligence community recruit and retain a dynamic, multi-talented, and diverse workforce capable of meeting the security goals of the United States; and establish best practices and processes for other elements of the Federal Government seeking to pursue similar policies. Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq.) is amended by inserting after section 304 the following: In this section: The term paid serious health condition leave means paid leave taken under subsection (b).
The term serious health condition has the meaning given the term in section 6381 of title 5, United States Code. The term son or daughter has the meaning given the term in section 6381 of title 5, United States Code. Notwithstanding any other provision of law, a civilian employee of an element of the intelligence community shall have available a total of 12 administrative workweeks of paid leave during any 12-month period for one or more of the following: In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
Because of a serious health condition that makes the employee unable to perform the functions of the employee's position. Notwithstanding any other provision of law, an element of the intelligence community shall accommodate an employee’s leave schedule request under subsection (b), including a request to use such leave intermittently or on a reduced leave schedule, to the extent that the requested leave schedule does not unduly disrupt agency operations. Notwithstanding any other provision of law— an employee of an element of the intelligence community may not be required to first use all or any portion of any unpaid leave available to the employee before being allowed to use paid serious health condition leave; and paid serious health condition leave— shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing element; may not be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose; if not used by the employee before the end of the 12-month period described in subsection
(b)to which the leave 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 12 weeks of paid serious health condition leave in any 12-month period; shall be used in increments of hours (or fractions thereof), with 12 administrative workweeks equal to 480 hours for employees of elements of the intelligence community with a regular full-time work schedule and converted to a proportional number of hours for employees of such elements with part-time, seasonal, or uncommon tours of duty; and may not be used during off-season (nonpay status) periods for employees of such elements with seasonal work schedules. The Director of National Intelligence shall carry out this section in a manner consistent, to the extent appropriate, with the administration of leave taken under section 6382 of title 5, United States Code, for a reason described in subparagraph
(C)or
(D)of subsection (a)(1) of that section. Not later than 1 year after the date of enactment of this section, the Director of National Intelligence shall submit to the congressional intelligence committees an implementation plan that includes— processes and procedures for implementing the paid serious health condition leave policies under subsections
(b)through (d); an explanation of how the implementation of subsections
(b)through
(d)will be reconciled with policies of other elements of the Federal Government, including the impact on elements funded by the National Intelligence Program that are housed within agencies outside the intelligence community; the projected impact of the implementation of subsections
(b)through
(d)on the workforce of the intelligence community, including take rates, retention, recruiting, and morale, broken down by each element of the intelligence community; and all costs or operational expenses associated with the implementation of subsections
(b)through (d). Not later than 90 days after the Director of National Intelligence submits the implementation plan under paragraph (2), the Director of National Intelligence shall issue a written directive to implement this section, which directive shall take effect on the date of issuance. The Director of National Intelligence shall submit to the congressional intelligence committees an annual report that— details the number of employees of each element of the intelligence community who applied for and took paid serious health condition leave during the year covered by the report; and includes updates on major implementation challenges or costs associated with paid serious health condition leave. . The table of contents at the beginning of such Act is amended by inserting after the item relating to section 304 the following: Sec. 305. Paid serious health condition leave. . Section 305 of the National Security Act of 1947, as added by subsection (b), shall apply with respect to leave taken in connection with a serious health condition (as defined in subsection
(a)of such section 305) that occurs or continues to exist on or after the date on which the Director of National Intelligence issues the written directive under subsection (e)(3) of such section 305.
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Sec. 308
Paid leave for a serious health condition
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