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The U.S. House of Representatives is presently considering H.R. 5781, the Federal Employees Paid Parental Leave Act of 2008. The bill would amend the Family Medical Leave Act of 2003 (FMLA) to provide federal employees with four weeks of paid parental leave in connection with the birth of a child or the placement of an adopted or foster child. The bill would not apply to members of the military services. The bill would also unilaterally permit the Director of the Office of Personnel Management (OPM) to unilaterally increase the amount of paid parental leave given to federal employees from four week to eight weeks.

The FMLA currently requires federal employers, as well as all private employers with 50 or more employees, to provide employees with 12 week of unpaid leave from work in connection with birth or placement of a child. Under the bill, federal employees would not be paid for leave taken for other purposes permitted by the FMLA.

The estimated cost of the bill to taxpayers over the next five years, if enacted, is $850 million, assuming that four weeks of paid leave is permitted. That estimate would increase substantially if the Director of OPM were to unilaterally increase paid parental leave to eight weeks.

The sponsor of the bill, Rep. Carolyn Maloney (D-NY), contends that federal employers are lagging behind the private sector in providing paid leave under the FMLA for the birth or placement of a child. However, the Bureau of Labor Statistics reports that in 2007, only 8% of private employers provided paid FMLA leave to employees.

In fact, statistics compiled by the OPM and the Census Bureau show that for 2006, federal employees earned, on average $64,659 annually. In contrast, the average wage for all workers for 2006 was only $30,353. Taking benefits into consideration, federal employees earn, on average, $111,180 in total compensation, more than double the average $55,470 in total compensation earned by private sector employees.

The OPM had submitted a proposal for a short-term disability insurance program that would allow federal employees to voluntarily purchase coverage to pay for leave for medical and family reasons, not just the birth or adoption of a child. However, the program would not apply to fathers or adoptive parents.

The bill was passed overwhelmingly by the House on June 19. However, companion legislation was recently introduced in the Senate, and it is unclear when action will be taken on that. The White House has threatened to veto the bill, calling it a "costly, unnecessary, new paid leave entitlement."

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