Sec. 1103. PAID PARENTAL LEAVE TECHNICAL CORRECTIONS

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## SEC. 1103 PAID PARENTAL LEAVE TECHNICAL CORRECTIONS **[**[2 U.S.C. 1301 note](/us/usc/t2/s1301)**]** ###

(a)Short Title This section may be cited as the “Paid Parental Leave Technical Corrections Act of 2020”. ###

(b)Paid Parental Leave for Employees of District of Columbia Courts and District of Columbia Public Defender Service ####

(1)District of columbia courts Section 11-1726, District of Columbia Official Code, is amended by adding at the end the following new subsection: > > ### “(d) > > In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee on Judicial Administration shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs

(A)and

(B)of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or a placement of a child for adoption or foster care). 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 parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.” > . ####

(2)District of columbia public defender service Section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (section 2-1605, D.C. Official Code) is amended by adding at the end the following new subsection: > > ### “(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 parental leave program for the leave described in subparagraphs

(A)and

(B)of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or the placement of a child for adoption or foster care). 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 parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.” > . ###

(c)FAA and TSA ####

(1)In general Section 40122(g) of title 49, United States Code, is amended— #####

(A)by redesignating paragraph

(5)as paragraph (6); and #####

(B)by inserting after paragraph

(4)the following: > > #### “(5) Paid parental leave > > The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5.” > . ####

(2)Effective date **[**[49 U.S.C. 40122 note](/us/usc/t49/s40122)**]** The amendments made by paragraph

(1)shall apply with respect to any birth or placement occurring on or after October 1, 2020. ####

(3)Rule of construction **[**[49 U.S.C. 40122 note](/us/usc/t49/s40122)**]** Nothing in this subsection, or any amendment made by this subsection, may be construed to affect leave provided to an employee of the Transportation Security Administration before October 1, 2020. ###

(d)Title 38 Employees ####

(1)In general Section 7425 of title 38, United States Code, is amended— #####

(A)in subsection (b), by striking “Notwithstanding” and inserting “Except as provided in subsection (c), and notwithstanding”; and #####

(B)by adding at the end the following: > > ### “(c) > > Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.” > . ####

(2)Applicability **[**[38 U.S.C. 7425 note](/us/usc/t38/s7425)**]** The amendments made by paragraph

(1)shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring on or after October 1, 2020. ###

(e)Employees of Executive Office of the President ####

(1)In general Section 412 of title 3, United States Code, is amended— #####

(A)in subsection (a), by adding at the end the following: > > #### “(3) Exception > > Notwithstanding section 401(b)(2), the requirements of paragraph (2)(B) shall not apply with respect to leave under subparagraph

(A)or

(B)of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).” > ; #####

(B)by redesignating subsections

(c)and

(d)as subsections

(d)and (e), respectively; #####

(C)by inserting after subsection

(b)the following: > > ### “(c) Special Rules for Substitution of Paid Leave > > > #### “(1) Substitution of paid leave > > A covered employee may elect to substitute for any leave without pay under subparagraph

(A)or

(B)of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose. > > > #### “(2) Available leave > > The paid leave that is available to a covered employee for purposes of paragraph

(1)is leave of the type and in the amount available to an employee under section 6382(d)(2)(B) of title 5, United States Code, for substitution for leave without pay under subparagraph

(A)or

(B)of section 6382(a)(1) of such title. > > > #### “(3) Consistency with title 5 > > Paid leave shall be substituted under this subsection in a manner that is consistent with the requirements in section 6382(d)(2) of title 5, United States Code, except that a reference in that section to an employing agency shall be considered to be a reference to an employing office, and subparagraph

(E)of that section shall not apply.” > ; #####

(D)in paragraph

(2)of subsection (d), as redesignated by subparagraph (B)— ######

(i)in subparagraph (A), by striking “and” at the end of the subparagraph; ######

(ii)in subparagraph

(B)by striking the period at the end and inserting “; and”; and ######

(iii)by adding at the end the following: > > ##### “(C) > > except that the President or designee shall issue regulations to implement subsection

(c)in accordance with the requirements of that subsection.” > ; and #####

(E)in paragraph

(1)of subsection (e), as redesignated by subparagraph (B), by inserting after “subsection (c)” the following: “(as in effect on the date of enactment of the Presidential and Executive Office Accountability Act)”. ####

(2)Applicability **[**[3 U.S.C. 412 note](/us/usc/t3/s412)**]** The amendments made by this subsection shall apply with respect to any birth or placement occurring on or after October 1, 2020. ###

(f)Amendments to Title 5 Family and Medical Leave Act Provisions Chapter 63 of title 5, United States Code, is amended— ####

(1)in section 6301(2), by amending clause

(v)to read as follows: > > ### “(v) > > an employee of the Veterans Health Administration who is covered by a leave system established under section 7421 of title 38;” > ; ####

(2)in section 6381(1)— #####

(A)in subparagraph (A), by striking “(v) or”; and #####

(B)by amending subparagraph

(B)to read as follows: > > ##### “(B) > > has completed at least 12 months of service 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);” > ; and ####

(3)in section 6382(d)— #####

(A)in paragraph (1), by striking “under subchapter I” in each place it appears; and #####

(B)in paragraph (2)(B)(ii), by striking “under subchapter I”. ###

(g)Amendment to Congressional Accountability Act of 1995 ####

(1)In general Section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended by section 7603 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is amended by inserting “accrued” before “sick leave”. ####

(2)Effective date **[**[2 U.S.C. 1312 note](/us/usc/t2/s1312)**]** The amendment made by this subsection shall apply with respect to any event for which leave may be taken under subparagraph

(A)or

(B)of section 102(a)(1) of the Family and Medical Leave Act of 1995 (29 U.S.C. 2612(a)(1)) and occurring on or after October 1, 2020.

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