Sec. 9307. Paid parental leave
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/bill/116/s/1790/es/section-9307A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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 parental leave in the event of the birth of a son or daughter to the employee, or placement of a son or daughter with the employee for adoption or foster care, and in order to care for such son or daughter, to be used during the 12-month period beginning on the date of the birth or placement.
Notwithstanding any other provision of law— an element of the intelligence community shall accommodate an employee’s leave schedule request under subsection (a), 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; and to the extent that an employee’s requested leave schedule as described in paragraph
(1)is based on medical necessity related to a serious health condition connected to the birth of a son or daughter, the employing element shall handle the scheduling consistent with the treatment of employees who are using leave under subparagraph
(C)or
(D)of section 6382(a)(1) of title 5, United States Code. Notwithstanding any other provision of law— an employee may not be required to first use all or any portion of any unpaid leave available to the employee before being allowed to use the paid parental leave described in subsection (a); and paid parental leave under subsection (a)— 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
(a)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 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; or 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 12 administrative workweeks equal to 480 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. Not later than 1 year after the date of enactment of this section, the Director of National Intelligence shall provide the congressional intelligence committees with an implementation plan that includes— processes and procedures for implementing the paid parental leave policies under subsections
(a)through (c); an explanation of how the implementation of subsections
(a)through
(c)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
(a)through
(c)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
(a)through (c). Not later than 90 days after the Director of National Intelligence submits the implementation plan under subsection (d), 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 parental leave under subsection
(a)during the year covered by the report; and includes updates on major implementation challenges or costs associated with paid parental leave. For purposes of this section, the term son or daughter has the meaning given the term in section 6381 of title 5, United States Code. . The table of contents in the matter preceding section 2 of the National Security Act of 1947 ( 50 U.S.C. 3002 ) is amended by inserting after the item relating to section 304 the following: Sec. 305. Paid parental 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 the birth or placement of a son or daughter that occurs on or after the date on which the Director of National Intelligence issues the written directive under subsection
(e)of such section 305.
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