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Legislation (S-3104) has been introduced in the Senate to address what sponsors call technical problems that would make some categories of federal employees ineligible for the paid parental leave authority that was enacted in late December.

The bill would make clear that the authority is meant to apply to employees outside “Title 5,” which is the body of law covering federal employment policies in general.


The bill specifically mentions TSA screeners, “Title 38” medical personnel, “Title 49” employees of the FAA, political appointees and federal judges as potentially left out. Additional categories also could be discovered as the provisions are examined in more detail.

Sponsors of the bill had raised the proposal just before Congress recessed for the holidays but were unable to get it considered in that short time.

It’s unclear when they will try again but they have time to work with: the new entitlement for paid parental leave—up to 12 weeks of paid time per 12 months under the same conditions for which unpaid parental leave is now available—will apply only for births, adoptions or foster placements occurring after September 30.

More on the FMLA – Family and Medical Leave Act at ask.FEDweek.com