Should Disabled Vets Employed By The Federal Government Have Access To Medical Leave? (S. 242)

What is S. 242?

(Updated September 18, 2019)

This bill would allow veterans who have a disability and work for the federal government to take up to 104 hours (or 13 eight-hour days) of medical leave from their jobs.  

These veterans would have to have a service-related disability rated at 30 percent — a percentage determined by a VA rating system used to calculate benefits — or more. Those 104 hours of leave would be guaranteed without a loss or reduction in pay in the first 12 months of employment.

After the first 12 months, employees would not be able to carryover their unused medical leave hours from the original 104. This bill aims primarily to offer disabled veterans the time they need for hospital visits and doctors appointments that in other jobs might threaten their job security. Currently, new federal employees do not get sick or medical leave and have to accumulate it over each pay period.

Argument in favor

Disabled veterans who work for the federal government deserve to have the option to use medical leave — even if they are new employees.

Argument opposed

Creating an exception for disabled veterans could lead to all new federal employees arguing for immediate access to paid medical leave.

Impact

Veterans with 30% or greater disability in their first year of employment with the federal government, their supervisors, the Director of the Office of Personnel Management.

Cost of S. 242

A CBO cost estimate is unavailable. However, a CBO estimate of the House version of this bill projected that the Wounded Warriors Federal Leave Act would cost $55 million to implement over the next five years — or about $11 million per year. These costs are mostly related to the additional paid medical leave that federal agencies offer disabled veterans in their first year on the job. It is anticipated that in some instances a worker’s absence will lead to additional spending by the agency, and that in other instances the agency would simply lose the value of the missed work.

Additional Info

In-Depth:

Veterans with disabilities that use the medical leave authorized by this bill would have to submit documentation certifying that they are using it in connection with their service-related disability.

Within three months of this legislation’s enactment, the Director of the Office of Personnel Management would have to brief the Senate Homeland Security and Governmental Affairs Committee and the House Oversight and Government Reform Committee on the development of regulations related to this bill. These briefings would continue every three months thereafter until the Director finalizes the regulations.

A nearly identical version of this legislation was introduced in the House during the summer of 2014. While it was scheduled to receive a vote in Committee, it never made it to the floor for a vote before the conclusion of the 113th Congress.

Of Note:

The Office of Personnel Management, through its Special Hiring Authorities for Veterans, has designed ways to help veterans with disability ratings of 30 percent or higher get jobs in the federal government on a permanent, temporary, or full time basis.

A study done by the Bureau of Labor Statistics found that in August 2013, there were 3.2 million veterans with a service-related disability — making up about 15 percent of all vets. Of those with a service-related disability, 65 percent reported a disability rating of 30 percent or higher — roughly 2,080,000 veterans.

Media:

Sponsoring Sen. Jon Tester (D-MT) Press Release

Sen. Jon Tester (D-MT) Statement on Committee Passage of S. 242  

CBO Estimate (House Version)

Federal Times

Government Executive (Previous Version)