Paid family and medical leave for Federal employees covered by title 5

Chapter 63 of title 5, United States Code, is amended— (1) in section 6381, by amending paragraph (1)(B) to read as follows: (B) has completed at least 12 months of service— (i) 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); or (ii) which qualifies as military service (as defined in section 8401(31));; and (2) in section 6382— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking 12 administrative workweeks of leave and inserting 12 administrative work weeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii); (II) in subparagraph (B), by inserting and in order to care for such son or daughter before the period; and (III) by adding after subparagraph (E) the following: (F) In order to meet the needs of the employee, or a family member of the employee, who is a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking to— (i) seek medical attention or treatment for physical or psychological injuries related to domestic violence, dating violence, sexual assault, stalking, or trafficking; (ii) seek mental health or counseling services for injuries and trauma related to domestic violence, dating violence, sexual assault, stalking, or trafficking; (iii) seek services from a victim services organization, including, but not limited to, a domestic violence program, a sexual assault victim service provider, a stalking victim service provider; (iv) seek civil or criminal legal services to prepare for and participate in legal proceedings related to domestic violence, sexual assault, dating violence stalking, or trafficking; (v) secure safe housing, including searching for new housing, relocating, and installing additional safety measures; (vi) in a case in which a family member of the employee has been a victim of dating violence, domestic violence, sexual assault, sex trafficking, or stalking, to assist the family member in any of the activities described in clauses (i) through (v); (vii) enroll a family member in a new school or care arrangement; or (viii) take other steps necessary to protect or restore their physical, mental, emotional, spiritual, and economic well-being or the well-being of a family member recovering from a qualifying act of violence.; (ii) by amending paragraph (2) to read as follows: (2) (A) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) shall commence at time of birth or placement of a son or daughter and shall expire at the end of the 12-month period beginning on the date of such birth or placement. (B) Notwithstanding subparagraph (A), the entitlement to leave under subparagraph (B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed. (C) An employee may use leave under paragraph (1)(A) in the event that the employee experiences any of the following: (i) A pregnancy loss. (ii) An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. (iii) A failed adoption match or an adoption that is not finalized because it is contested by another party. (iv) A failed surrogacy arrangement. (v) A diagnosis or event that impacts pregnancy or fertility. (D) An employee may use leave under paragraph (1)(A) in the event that the absence is necessary to care for a spouse or domestic partner who experiences a circumstance described in subparagraph (C). (E) (i) In the event that an employee gives birth to a child under a surrogacy arrangement, the employee may use leave under paragraph (1)(A) during such recovery period. (ii) For an employee who gives birth to a child under a surrogacy arrangement, the child shall be considered to be the child of the employee for purposes of determining entitlement to leave under this subchapter notwithstanding the definition in section 6381(6). (F) In the event that a child dies during the birth-giving parent’s post-birth recovery period, the employee may use leave under paragraph (1)(A) during such recovery period. In the case of the employee who is not the birth-giving parent, such leave is available only to the extent the employee is providing care to the birth-giving parent. In these circumstances, an employee may not use leave under paragraphs (1)(C) or (1)(D).; and (iii) in paragraph (4)— (I) by striking Subject to subsection (d)(2), during and inserting During; and (II) by inserting (or 26 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii)) after 26 administrative workweeks of leave; (B) by amending subsection (c) to read as follows: (c) Leave granted under subsection (a)(1) shall be paid leave, as provided in subsection (d)(2), except that paid leave may not be provided for leave granted under subparagraphs (A) or (B) of subsection (a)(1) if an employee does not enter into the required work obligation agreement described in subsection (d)(2)(F). Leave granted under subsection (a)(3) shall be leave without pay unless annual or sick leave is substituted as provided in subsection (d)(1).; (C) in subsection (d)— (i) in paragraph (1), by striking the first sentence; and (ii) in paragraph (2)— (I) in subparagraph (A), by striking subparagraph (A) or (B) and inserting subparagraph (A) through (E); (II) by striking parental in each instance; (III) in the matter preceding clause (i) of subparagraph (B), by striking subparagraph (A) and inserting any such subparagraph; (IV) in subparagraph (B)(i), by striking in connection with the birth or placement involved and inserting during any 12-month period (as referenced in subsection (a)(1)) for leave granted under subsection (a)(1), except that the total paid leave granted for leave under subparagraph (A) or (B) of subsection (a)(1) in connection with a given birth or placement event may not exceed 12 administrative workweeks; (V) by amending subparagraph (B)(ii) to read as follows: (ii) in addition to the 12 administrative workweeks under clause (i), any annual or sick leave accrued or accumulated by such employee, if used during a 12-month period (as referenced in subsection (a)(1)) for leave granted under subsection (a)(1).; and (VI) by striking subparagraphs (E), (F), and (G) and inserting the following: (E) Nothing in this paragraph shall be construed to modify the service requirement in section 6381(1)(B). (F) Notwithstanding any other provision of this paragraph, an employee may not receive paid leave for leave under subparagraph (A) or (B) of subsection (a)(1) unless the employee agrees (in writing), before the commencement of such leave, to either work for the applicable employing agency for a period of time equal to the total amount of paid leave granted to the employee under subparagraph (B)(i) or provide any reimbursement required under subparagraph (G). The qualifying period of work shall exclude any period of leave or other time off, except for leave covering periods of service in the uniformed services creditable under section 4316 of title 38. (G) (i) If an employee fails to complete the work obligation required under subparagraph (F), the employing agency may recover, from such employee, an amount equal to the amount of Government contributions paid by the agency under section 8906 on behalf of the employee for maintaining such employee’s health coverage under chapter 89 during the period of such leave after offsetting that period of leave by periods of work performed in partial compliance with subparagraph (F). (ii) The head of the agency shall not apply the work obligation requirement in clause (i) in any instance where the employee fails to complete the work obligation required under subparagraph (F) because of the employee’s death or because of the continuation, recurrence, or onset of a serious health condition (including mental health) affecting the employee or the employee’s spouse, parent, son, or daughter. (iii) The head of the employing agency may require that an employee who claims to be unable to complete the service required under subparagraph (F) because of a serious health condition described under clause (ii) provide certification supporting such claim by a health care provider. The employee shall provide such certification to the agency head in a timely manner. (H) Notwithstanding subparagraph (B)(i), with respect to any employee (as defined in section 6381(1)(B)(i)) who received paid family leave under a provision of law similar to this section and becomes subject to this section, the limitations in subparagraph (B)(i) shall be applied as if the paid leave granted under that similar provision of law were granted under this section.; and (D) by adding at the end the following: (f) (1) For purposes of leave under subsection (a)(1)(F), and subject to paragraph (2), an employing agency may require that a request for leave under such subsection be supported by a certification issued at such time and in such manner as the Director of the Office of Personnel Management may by regulation prescribe. (2) In the case of an employee requesting leave under such subsection who has not yet received a certification as described under paragraph (1), such agency shall accept a sworn statement in a form prescribed by the Director that such employee has requested such certification. (3) For purposes of subsection (a)(1)(F), the following definitions shall apply: (A) The terms dating violence, sex trafficking, sexual assault, and stalking have the meaning given those terms in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (B) The term domestic violence has the meaning given the term in such section 40002(a), except that the reference in such section to the term jurisdiction receiving grant funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. (C) The term family member means, with respect to an employee— (i) a spouse (including a domestic partner in a civil union or other registered domestic partnership recognized by a State) or a parent of such spouse; (ii) a child (regardless of age) or a child’s spouse; (iii) a parent or a parent’s spouse; (iv) a sibling or a sibling’s spouse; (v) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and (vi) any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship. (D) The term qualifying act of violence means an act, conduct, or pattern of conduct that could constitute any of the following: (i) dating violence; (ii) domestic violence; (iii) family violence; (iv) sexual assault; (v) sex trafficking; (vi) stalking; (vii) other forms of gender based violence or harassment; or (viii) an act, conduct, or pattern of conduct— (I) in which an individual causes or threatens to cause bodily injury or death to another individual; (II) in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or (III) in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause bodily injury or death. (E) The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of a qualifying act of violence or advocates for such victims, including a rape crisis center, an organization carrying out a qualifying act of violence prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process..