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106TH CONGRESS

1ST SESSION H. R. 91

To amend the Family and Medical Leave Act of 1993, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. CLAY introduced the following bill; which was referred to the Committee

on Education and the Workforce, and in addition to the Committees on

Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Family and Medical Leave Act of 1993, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Family and Medical Leave Improvements Act of

6 1999’’.

7 (b) REFERENCE.—Whenever in this Act (other than

8 in section 4) an amendment or repeal is expressed in terms

9 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of the Family and Medical Leave

3 Act of 1993.

4 SEC. 2. COVERAGE OF EMPLOYEES.

5 Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101

6 (29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are each amend7 ed by striking ‘‘50’’ each place it appears and inserting

8 ‘‘25’’.

9 SEC. 3. GENERAL REQUIREMENTS FOR LEAVE.

10 (a) ENTITLEMENT TO LEAVE.—Section 102(a) (29

11 U.S.C. 2612(a)) is amended by adding at the end the

12 following:

13 ‘‘(3) ENTITLEMENT TO PARENTAL INVOLVE14 MENT AND ELDER-CARE LEAVE.—

15 ‘‘(A) IN GENERAL.—Subject to section

16 103(f), an eligible employee shall be entitled to

17 a total of 24 hours of leave during any 12-

18 month period, in addition to leave available

19 under paragraph (1), to—

20 ‘‘(i) participate in school activities di21 rectly related to the educational advance22 ment of a son or daughter of the employee,

23 such as parent-teacher conferences or

24 interviewing for a new school;
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1 ‘‘(ii) accompany the son or daughter

2 of the employee to routine medical or den3 tal appointments, such as checkups or vac4 cinations; and

5 ‘‘(iii) accompany an elderly relative of

6 the employee to routine medical or dental

7 appointments or appointments for other

8 professional services related to the elder’s

9 care, such as interviewing at nursing or

10 group homes.

11 ‘‘(B) DEFINITIONS.—As used in this para12 graph:

13 ‘‘(i) SCHOOL.—The term ‘school’

14 means an elementary school or secondary

15 school (as such terms are defined in sec16 tion 14101 of the Elementary and Second17 ary Education Act of 1965 (20 U.S.C.

18 8801)), a Head Start program assisted

19 under the Head Start Act (42 U.S.C. 9831

20 et seq.), and a child care facility licensed

21 under State law.

22 ‘‘(ii) ELDERLY RELATIVE.—The term

23 ‘elderly relative’ means an individual of at

24 least 60 years of age who is related by
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1 blood or marriage to the employee, includ2 ing a parent.’’.

3 (b) SCHEDULE.—Section 102(b)(1) (29 U.S.C.

4 2612(b)(1)) is amended by inserting after the second sen5 tence the following: ‘‘Leave under subsection (a)(3) may

6 be taken intermittently or on a reduced leave schedule.’’.

7 (c) SUBSTITUTION OF PAID LEAVE.—Section

8 102(d)(2)(A) (29 U.S.C. 2612(d)(2)(A)) is amended by

9 inserting before the period the following: ‘‘, or for leave

10 provided under subsection (a)(3) for any part of the 24-

11 hour period of such leave under such subsection’’.

12 (d) NOTICE.—Section 102(e) (29 U.S.C. 2612(e)) is

13 amended by adding at the end the following:

14 ‘‘(3) NOTICE FOR PARENTAL INVOLVE15 MENT AND ELDERCARE LEAVE.—If the neces16 sity for leave under subsection (a)(3) is foresee17 able, the employee shall provide the employer

18 with not less than 7 days notice before the date

19 the leave is to begin. If the necessity for leave

20 is not foreseeable, the employee shall provide

21 such notice as is practicable.’’.

22 (e) CERTIFICATION.—Section 103 (29 U.S.C. 2613)

23 is amended by adding at the end the following:

24 ‘‘(f) CERTIFICATION FOR PARENTAL INVOLVEMENT

25 AND ELDER-CARE LEAVE.—An employer may require
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1 that a request for leave under section 102(a)(3) be sup2 ported by a certification issued at such time and in such

3 manner as the Secretary may by regulation prescribe.’’.

4 SEC. 4. LEAVE FOR CIVIL SERVICE EMPLOYEES.

5 (a) ENTITLEMENT TO LEAVE.—Section 6382(a) of

6 title 5, United States Code, is amended by adding at the

7 end the following:

8 ‘‘(3)(A) Subject to section 6383(f), an em9 ployee shall be entitled to a total of 24 hours

10 of leave during any 12-month period, in addi11 tion to leave available under paragraph (1), to:

12 ‘‘(i) participate in school activities di13 rectly related to the educational advance14 ment of a son or daughter of the employee,

15 such as parent-teacher conferences, or

16 interviewing for a new school;

17 ‘‘(ii) accompany the son or daughter

18 of the employee to routine medical or den19 tal appointments, such as checkups or vac20 cinations; and

21 ‘‘(iii) accompany an elderly relative of

22 the employee to routine medical or dental

23 appointments or appointments for other

24 professional services related to the elder’s
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1 care, such as interviewing at nursing or

2 group homes.

3 ‘‘(B) As used in this paragraph:

4 ‘‘(i) The term ‘school’ means an ele5 mentary school or secondary school (as

6 such terms are defined in section 14101 of

7 the Elementary and Secondary Education

8 Act of 1965 (20 U.S.C. 8801)), a Head

9 Start program assisted under the Head

10 Start Act (42 U.S.C. 9831 et seq.), and a

11 child care facility licensed under State law.

12 ‘‘(ii) The term ‘elderly relative’ means

13 an individual of at least 60 years of age

14 who is related by blood or marriage to the

15 employee, including a parent.’’.

16 (b) SCHEDULE.—Section 6382(b)(1) of such title is

17 amended by inserting after the second sentence the follow18 ing: ‘‘Leave under subsection (a)(3) may be taken inter19 mittently or on a reduced leave schedule.’’.

20 (c) SUBSTITUTION OF PAID LEAVE.—Section

21 6382(d) of such title is amended by inserting before ‘‘,

22 except’’ the following: ‘‘, or for leave provided under sub23 section (a)(3) any of the employee’s accrued or accumu24 lated annual leave under subchapter I for any part of the

25 24-hour period of such leave under such subsection’’.
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1 (d) NOTICE.—Section 6382(e)(1) of such title is

2 amended by adding at the end the following: ‘‘If the neces3 sity for leave under subsection (a)(3) is foreseeable, the

4 employee shall provide the employer with not less than 7

5 days notice before the date the leave is to begin. If the

6 necessity for leave is not foreseeable, the employee shall

7 provide such notice as is practicable.’’.

8 (e) CERTIFICATION.—Section 6383 of such title is

9 amended by adding at the end the following:

10 ‘‘(f) CERTIFICATION.—An employing agency may re11 quire that a request for leave under section 6382(a)(3)

12 be supported by a certification issued at such time and

13 in such manner as the Office of Personnel Management

14 may by regulation prescribe.’’.

15 SEC. 5. EFFECTIVE DATE.

16 This Act shall take effect 120 days after the date of

17 enactment.

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