Sec. 5111. Emergency Federal Employee Leave Fund
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/bill/117/hr/1319/rh/section-5111·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established in the Treasury the Emergency Federal Employee Leave Fund (in this section referred to as the Fund ), to be administered by the Director of the Office of Personnel Management, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $570,000,000, to be deposited into the Fund. Amounts in the Fund shall be available for payment to an agency for the use of paid leave by any employee of the agency who is unable to work because the employee— is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; is caring for an individual who is subject to such an order or has been so advised; is experiencing symptoms of COVID–19 and seeking a medical diagnosis; is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions; is experiencing any other substantially similar condition; is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or is obtaining immunization related to COVID–19 or to recover from any injury, disability, illness, or condition related to such immunization.
Paid leave under this section may only be provided to and used by an employee during the period beginning on the date of enactment of this Act and ending on September 30, 2021. Paid leave under this section— may be provided to an employee in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours as established by the applicable agency; and may not be provided to an employee — at a rate that exceeds $35 for each hour of leave taken; and in an amount greater than $1,400 in aggregate for any week.
Paid leave under this section— is in addition to any other leave provided to an employee; and may not be used by an employee concurrently with any other paid leave. Any paid leave provided to an employee under this section shall not count for purposes of determining the annuity of the employee, including an annuity under chapter 83 or 84 of title 5, United States Code. In this section— the term agency means— any agency or instrumentality of the executive branch of Government; the United States Postal Service and the Postal Regulatory Commission; and the Public Defender Service for the District of Columbia and the District of Columbia Courts; and the term employee does not include any member of the Armed Forces.
Notwithstanding section 7425(b) of title 38, United States Code, the term agency in subsection (d)(1) includes the Veterans Health Administration.