The Office of Congressional Workplace Rights (OCWR) is providing the following information as additional interim guidance to assist employees and employing offices on how the Federal Employee Paid Leave Act (FEPLA) is being interpreted by the OCWR and on the appropriate methods of seeking redress for violations of FEPLA under the Congressional Accountability Act (CAA). As described in the OCWR’s “Notice on Implementing the Paid Parental Leave Provisions of the Federal Employee Paid Leave Act in the Legislative Branch,” the Board of Directors of the OCWR will be proposing to amend its substantive FMLA regulations pursuant to the CAA rulemaking procedures set forth at 2 U.S.C. § 1384.
Employee Eligibility
All covered employees in the legislative branch will be immediately eligible upon commencement of employment for job-protected leave under the Family and Medical Leave Act (FMLA) because of (a) the birth of a son or daughter, or (b) the placement of a son or daughter with the covered employee for adoption or foster care. Further, all covered employees will be immediately eligible upon hire for paid parental leave (PPL) when FMLA leave is because of a birth or placement. “Covered employee” means any employee of (1) the House of Representatives; (2) the Senate; (3) the Office of Congressional Accessibility Services; (4) the Capitol Police; (5) the Congressional Budget Office; (6) the Office of the Architect of the Capitol; (7) the Office of the Attending Physician; (8) the Office of Congressional Workplace Rights; (9) the Office of Technology Assessment; (10) the Library of Congress; (11) the Stennis Center for Public Service; (12) the China Review Commission; (13) the Congressional-Executive China Commission; or (14) the Helsinki Commission.
• The requirements in the FMLA provisions of the CAA that covered employees must have been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months do not apply to FMLA leave for births or placements. Those eligibility requirements will continue to apply to leave taken for other purposes authorized by the FMLA.
