III 

109TH CONGRESS 

1ST SESSION S. 282 

To amend the Family and Medical Leave Act of 1993 to expand the scope 

of the Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2005 

Mr. DODD (for himself, Mr. KENNEDY, Ms. MIKULSKI, Mrs. MURRAY, Mrs. 

CLINTON, Mr. DURBIN, Mr. LAUTENBERG, Mr. LEAHY, Mr. AKAKA, Mrs. 

BOXER, and Mr. CORZINE) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend the Family and Medical Leave Act of 1993 to 

expand the scope of the Act, 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; TABLE OF CONTENTS. 

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

5 ‘‘Family and Medical Leave Expansion Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 
2 

•S 282 IS

TITLE I—FAMILY INCOME TO RESPOND TO SIGNIFICANT 

TRANSITIONS 

Sec. 101. Short title. 

Sec. 102. Purposes. 

Sec. 103. Definitions. 

Sec. 104. Demonstration projects. 

Sec. 105. Notification. 

Sec. 106. Evaluations and reports. 

Sec. 107. Authorization of appropriations. 

Sec. 108. Technical and conforming amendments. 

TITLE II—FAMILY FRIENDLY WORKPLACES 

Sec. 201. Short title. 

Sec. 202. Coverage of employees. 

TITLE III—EMPLOYMENT PROTECTION FOR BATTERED WOMEN 

Sec. 301. Entitlement to leave for addressing domestic violence for non-Federal 

employees. 

Sec. 302. Entitlement to leave for addressing domestic violence for Federal employees. 

Sec. 303. Existing leave usable for domestic violence. 

TITLE IV—FEDERAL EMPLOYEES PAID PARENTAL LEAVE 

Sec. 401. Short title. 

Sec. 402. Demonstration project. 

Sec. 403. Technical and conforming amendments. 

Sec. 404. Effective date. 

TITLE V—TIME FOR SCHOOLS 

Sec. 501. Short title. 

Sec. 502. General requirements for leave. 

Sec. 503. School involvement leave for civil service employees. 

Sec. 504. Effective date. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Since the enactment of the Family and 

4 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 

5 more than 50,000,000 Americans have taken leave 

6 for family or medical reasons. 

7 (2) Of those taking leave under the Family and 

8 Medical Leave Act of 1993, 52 percent took the 

9 leave for their own serious health conditions, and 26 
3 

•S 282 IS

1 percent took the leave to care for a new child or for 

2 maternity disability reasons. 

3 (3) While the leave provided by the Family and 

4 Medical Leave Act of 1993 has proven to be a crit5 ical resource for millions of Americans, too many 

6 people are left behind because the Act provides only 

7 unpaid leave. 

8 (4) According to a 2000 Department of Labor 

9 survey— 

10 (A) 3,500,000 Americans needed family 

11 and medical leave but could not afford to take 

12 time off without pay; 

13 (B) nearly four-fifths (78 percent) of those 

14 surveyed who needed the leave but did not take 

15 it said they could not afford unpaid leave; 

16 (C) 9 percent of those taking family and 

17 medical leave and receiving less than full pay 

18 during their longest period of the leave had to 

19 go on public assistance to cover their lost 

20 wages; and 

21 (D) 73 percent of those taking family and 

22 medical leave had incomes above $30,000. 

23 (5) Decades ago, only a tiny fraction of mothers 

24 with infants under age 1 were in the workforce. In 
4 

•S 282 IS

1 2004, about 55 percent of mothers with infants 

2 under age 1 were in the workforce. 

3 (6) Worldwide, 128 countries of the 172 re4 sponding to an International Social Security Asso5 ciation survey in 1999 provided at least some paid 

6 and job protected maternity leave, and, on average, 

7 provided 16 weeks of basic paid maternity leave. In 

8 some countries, paid maternity leave is mandatory 

9 and in others it is voluntary. 

10 (7) A European Union directive mandating 14 

11 weeks of paid maternity leave was adopted as a 

12 health and safety measure in 1992. 

13 (8) Among the 29 Organization for Economic 

14 Cooperation and Development (OECD) countries, 

15 the most advanced industrialized countries, the aver16 age period of childbirth-related leave (including ma17 ternity, paternity, and parental leaves) is 44 weeks 

18 (10 months) with additional time provided in some 

19 countries for leave to care for a sick child. In those 

20 countries, the average duration of paid childbirth-re21 lated leave is 36 weeks. 

22 (9) In more than half of the OECD countries 

23 (16 countries), the cash benefit provided while on 

24 the paid childbirth-related leave replaces between 70 

25 and 100 percent of prior wages. 
5 

•S 282 IS

1 (10) Among the OECD countries, adoptive 

2 mothers and adoptive parents are increasingly eligi3 ble for the paid childbirth-related leave. 

4 TITLE I—FAMILY INCOME TO RE5 SPOND TO SIGNIFICANT 

6 TRANSITIONS 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Family Income to Re9 spond to Significant Transitions Insurance Act’’. 

10 SEC. 102. PURPOSES. 

11 The purposes of this title are— 

12 (1) to establish a demonstration program that 

13 supports the efforts of States and political subdivi14 sions to provide partial or full wage replacement, 

15 often referred to as FIRST insurance, to new par16 ents so that the new parents are able to spend time 

17 with a new infant or newly adopted child, and to 

18 other employees; and 

19 (2) to learn about the most effective mecha20 nisms for providing the wage replacement assistance. 

21 SEC. 103. DEFINITIONS. 

22 In this title: 

23 (1) EMPLOYER; SON OR DAUGHTER; STATE.— 

24 The terms ‘‘employer’’, ‘‘son or daughter’’, and 

25 ‘‘State’’ have the meanings given the terms in sec-
6 

•S 282 IS

1 tion 101 of the Family and Medical Leave Act of 

2 1993 (29 U.S.C. 2611). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Labor, acting after consultation 

5 with the Secretary of Health and Human Services. 

6 SEC. 104. DEMONSTRATION PROJECTS. 

7 (a) GRANTS.— 

8 (1) IN GENERAL.—The Secretary shall make 

9 grants to eligible entities to pay for the Federal 

10 share of the cost of carrying out projects that assist 

11 families by providing, through various mechanisms, 

12 wage replacement for eligible individuals who are re13 sponding to— 

14 (A) caregiving needs resulting from the 

15 birth or adoption of a son or daughter; or 

16 (B) other family caregiving needs. 

17 (2) PERIODS.—The Secretary shall make the 

18 grants for periods of 5 years. 

19 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

20 grant under this section, an entity shall be a State or polit21 ical subdivision of a State. 

22 (c) USE OF FUNDS.— 

23 (1) IN GENERAL.—An entity that receives a 

24 grant under this section may use the funds made 

25 available through the grant to provide partial or full 
7 

•S 282 IS

1 wage replacement as described in subsection (a) to 

2 eligible individuals— 

3 (A) directly; 

4 (B) through an insurance program, such 

5 as a State temporary disability insurance pro6 gram or the State unemployment compensation 

7 benefit program; 

8 (C) through a private disability or other 

9 insurance plan, or another mechanism provided 

10 by a private employer; or 

11 (D) through another mechanism. 

12 (2) PERIOD.—In carrying out a project under 

13 this section, the entity shall provide partial or full 

14 wage replacement to eligible individuals for not less 

15 than 6 weeks during a period of leave, or an absence 

16 from employment, described in subsection (d)(2), 

17 during any 12-month period. Wage replacement 

18 available to an individual under this paragraph shall 

19 be in addition to any compensation from annual or 

20 sick leave that the individual may elect to use during 

21 a period of leave, or an absence from employment, 

22 described in subsection (d)(2), during any 12-month 

23 period. 

24 (3) ADMINISTRATIVE COSTS.—No entity may 

25 use more than 10 percent of the total funds made 
8 

•S 282 IS

1 available through the grant during the 5-year period 

2 of the grant to pay for the administrative costs re3 lating to a project described in subsection (a). 

4 (d) ELIGIBLE INDIVIDUALS.—To be eligible to re5 ceive wage replacement under subsection (a), an individual 

6 shall— 

7 (1) meet such eligibility criteria as the eligible 

8 entity providing the wage replacement may specify 

9 in an application described in subsection (e); and 

10 (2) be— 

11 (A) an individual who is taking leave, 

12 under the Family and Medical Leave Act of 

13 1993 (29 U.S.C. 2601 et seq.), other Federal, 

14 State, or local law, or a private plan, for a rea15 son described in subparagraph (A) or (B) of 

16 section 102(a)(1) of the Family and Medical 

17 Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 

18 (B) at the option of the eligible entity, an 

19 individual who— 

20 (i) is taking leave, under that Act, 

21 other Federal, State, or local law, or a pri22 vate plan, for a reason described in sub23 paragraph (C), (D), (E), or (F) of section 

24 102(a)(1) of the Family and Medical 
9 

•S 282 IS

1 Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 

2 or 

3 (ii) leaves employment, and has an ab4 sence from employment, because the indi5 vidual has elected to care for a son or 

6 daughter under age 1; or 

7 (C) at the option of the eligible entity, an 

8 individual who has an absence from employ9 ment and has other characteristics specified by 

10 the eligible entity in an application described in 

11 subsection (e). 

12 (e) APPLICATION.—To be eligible to receive a grant 

13 under this section, an entity shall submit an application 

14 to the Secretary, at such time, in such manner, and con15 taining such information as the Secretary may require, in16 cluding, at a minimum— 

17 (1) a plan for the project to be carried out with 

18 the grant; 

19 (2) information demonstrating that the appli20 cant consulted representatives of employers and em21 ployees, including labor organizations, in developing 

22 the plan; 

23 (3) estimates of the costs and benefits of the 

24 project; 
10 

•S 282 IS

1 (4)(A) information on the number and type of 

2 families to be covered by the project, and the extent 

3 of such coverage in the area served under the grant; 

4 and 

5 (B) information on any criteria or characteris6 tics that the entity will use to determine whether an 

7 individual is eligible for wage replacement under 

8 subsection (a), as described in paragraphs (1) and 

9 (2)(C) of subsection (d); 

10 (5) if the project will expand on State and pri11 vate systems of wage replacement for eligible indi12 viduals, information on the manner in which the 

13 project will expand on the systems; 

14 (6) information demonstrating the manner in 

15 which the wage replacement assistance provided 

16 through the project will assist families in which an 

17 individual takes leave or is absent from employment 

18 as described in subsection (d)(2); and 

19 (7) an assurance that the applicant will partici20 pate in efforts to evaluate the effectiveness of the 

21 project. 

22 (f) SELECTION CRITERIA.—In selecting entities to re23 ceive grants for projects under this section, the Secretary 

24 shall— 

25 (1) take into consideration— 
11 

•S 282 IS

1 (A) the scope of the proposed projects; 

2 (B) the cost-effectiveness, feasibility, and 

3 financial soundness of the proposed projects; 

4 (C) the extent to which the proposed 

5 projects would expand access to wage replace6 ment in response to family caregiving needs, 

7 particularly for low-wage employees, in the area 

8 served by the grant; and 

9 (D) the benefits that would be offered to 

10 families and children through the proposed 

11 projects; and 

12 (2) to the extent feasible, select entities pro13 posing projects that utilize diverse mechanisms, in14 cluding expansion of State unemployment compensa15 tion benefit programs, and establishment or expan16 sion of State temporary disability insurance pro17 grams, to provide the wage replacement. 

18 (g) FEDERAL SHARE.— 

19 (1) IN GENERAL.—The Federal share of the 

20 cost described in subsection (a) shall be— 

21 (A) 50 percent for the first year of the 

22 grant period; 

23 (B) 40 percent for the second year of that 

24 period; 
12 

•S 282 IS

1 (C) 30 percent for the third year of that 

2 period; and 

3 (D) 20 percent for each subsequent year. 

4 (2) NON-FEDERAL SHARE.—The non-Federal 

5 share of the cost may be in cash or in kind, fairly 

6 evaluated, including plant, equipment, and services 

7 and may be provided from State, local, or private 

8 sources, or Federal sources other than this title. 

9 (h) SUPPLEMENT NOT SUPPLANT.—Funds appro10 priated pursuant to the authority of this title shall be used 

11 to supplement and not supplant other Federal, State, and 

12 local public funds and private funds expended to provide 

13 wage replacement. 

14 (i) EFFECT ON EXISTING RIGHTS.—Nothing in this 

15 title shall be construed to supersede, preempt, or otherwise 

16 infringe on the provisions of any collective bargaining 

17 agreement or any employment benefit program or plan 

18 that provides greater rights to employees than the rights 

19 established under this title. 

20 SEC. 105. NOTIFICATION. 

21 An eligible entity that provides partial or full wage 

22 replacement to an eligible individual under this title shall 

23 notify (in a form and manner prescribed by the Sec24 retary)— 
13 

•S 282 IS

1 (1) the employer of the individual of the 

2 amount of the wage replacement provided; and 

3 (2) the individual and the employer of the indi4 vidual that the employer shall count an appropriate 

5 period of leave, calculated under section 102(g) of 

6 the Family and Medical Leave Act of 1993 (29 

7 U.S.C. 2612(g)), as added by section 108, against 

8 the total amount of leave (if any) to which the em9 ployee is entitled under section 102(a)(1) of that Act 

10 (29 U.S.C. 2612(a)(1)). 

11 SEC. 106. EVALUATIONS AND REPORTS. 

12 (a) AVAILABLE FUNDS.—The Secretary shall use not 

13 more than 2 percent of the funds made available under 

14 section 107 to carry out this section. 

15 (b) EVALUATIONS.—The Secretary shall, directly or 

16 by contract, evaluate the effectiveness of projects carried 

17 out with grants made under section 104, including con18 ducting— 

19 (1) research relating to the projects, including 

20 research comparing— 

21 (A) the scope of the projects, including the 

22 type of insurance or other wage replacement 

23 mechanism used, the method of financing used, 

24 the eligibility requirements, the level of the 

25 wage replacement benefit provided (such as the 
14 

•S 282 IS

1 percentage of salary replaced), and the length 

2 of the benefit provided, for the projects; 

3 (B) the utilization of the projects, includ4 ing the characteristics of individuals who ben5 efit from the projects, particularly low-wage 

6 workers, and factors that determine the ability 

7 of eligible individuals to obtain wage replace8 ment through the projects; and 

9 (C) the costs of and savings achieved by 

10 the projects, including the cost-effectiveness of 

11 the projects and their benefits for children and 

12 families; 

13 (2) analysis of the overall need for wage re14 placement; and 

15 (3) analysis of the impact of the projects on the 

16 overall availability of wage replacement. 

17 (c) REPORTS.— 

18 (1) INITIAL REPORT.—Not later than 3 years 

19 after the beginning of the grant period for the first 

20 grant made under section 104, the Secretary shall 

21 prepare and submit to Congress a report that con22 tains information resulting from the evaluations con23 ducted under subsection (b). 

24 (2) SUBSEQUENT REPORTS.—Not later than 4 

25 years after the beginning of that grant period, and 
15 

•S 282 IS

1 annually thereafter, the Secretary shall prepare and 

2 submit to Congress a report that contains— 

3 (A) information resulting from the evalua4 tions conducted under subsection (b); and 

5 (B) usage data for the demonstration 

6 projects, for the most recent year for which the 

7 data are available. 

8 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

10 this title $400,000,000 for fiscal year 2006 and such sums 

11 as may be necessary for each subsequent fiscal year. 

12 SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS. 

13 (a) IN GENERAL.—Section 102 of the Family and 

14 Medical Leave Act of 1993 (29 U.S.C. 2612) is amended 

15 by adding at the end the following: 

16 ‘‘(g) RELATIONSHIP TO FIRST INSURANCE.— 

17 ‘‘(1) FULL WAGE REPLACEMENT.—If an eligible 

18 entity provides full wage replacement to an employee 

19 for a period under title I of the Family and Medical 

20 Leave Expansion Act, the employee’s employer shall 

21 count an amount of leave, equal to that period, 

22 against the total amount of leave (if any) to which 

23 the employee is entitled under subsection (a)(1). 

24 ‘‘(2) PARTIAL WAGE REPLACEMENT.—If an eli25 gible entity provides partial wage replacement to an 
16 

•S 282 IS

1 employee for a period under title I of the Family 

2 and Medical Leave Expansion Act, the employee’s 

3 employer shall— 

4 ‘‘(A) total the amount of partial wage re5 placement provided for that period; 

6 ‘‘(B) convert the total into a corresponding 

7 amount of full wage replacement provided for a 

8 proportionately reduced period; and 

9 ‘‘(C) count an amount of leave, equal to 

10 the period described in subparagraph (B), 

11 against the total amount of leave (if any) to 

12 which the employee is entitled under subsection 

13 (a)(1).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 102(d)(2) of the Family and Medical Leave Act 

16 of 1993 (29 U.S.C. 2612(d)(2)) is amended by striking 

17 ‘‘for leave’’ each place it appears and inserting ‘‘for any 

18 unpaid leave’’. 

19 TITLE II—FAMILY FRIENDLY 

20 WORKPLACES 

21 SEC. 201. SHORT TITLE. 

22 This title may be cited as the ‘‘Family and Medical 

23 Leave Fairness Act of 2005’’. 
17 

•S 282 IS

1 SEC. 202. COVERAGE OF EMPLOYEES. 

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

3 the Family and Medical Leave Act of 1993 (29 U.S.C. 

4 2611(2)(B)(ii) and (4)(A)(i)) are amended by striking 

5 ‘‘50’’ each place it appears and inserting ‘‘25’’. 

6 TITLE III—EMPLOYMENT PRO7 TECTION FOR BATTERED 

8 WOMEN 

9 SEC. 301. ENTITLEMENT TO LEAVE FOR ADDRESSING DO10 MESTIC VIOLENCE FOR NON-FEDERAL EM11 PLOYEES. 

12 (a) DEFINITIONS.—Section 101 of the Family and 

13 Medical Leave Act of 1993 (29 U.S.C. 2611) is amended 

14 by adding at the end the following: 

15 ‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND

16 ITS EFFECTS.—The term ‘addressing domestic vio17 lence and its effects’ means— 

18 ‘‘(A) being unable to attend or perform 

19 work due to an incident of domestic violence; 

20 ‘‘(B) seeking medical attention for or re21 covering from injuries caused by domestic vio22 lence; 

23 ‘‘(C) seeking legal assistance or remedies, 

24 including communicating with the police or an 

25 attorney, or participating in any legal pro26 ceeding, related to domestic violence; 
18 

•S 282 IS

1 ‘‘(D) obtaining services from a domestic vi2 olence shelter or program or rape crisis center 

3 as a result of domestic violence; 

4 ‘‘(E) obtaining psychological counseling re5 lated to experiences of domestic violence; 

6 ‘‘(F) participating in safety planning and 

7 other actions to increase safety from future do8 mestic violence, including temporary or perma9 nent relocation; and 

10 ‘‘(G) participating in any other activity ne11 cessitated by domestic violence that must be un12 dertaken during the hours of employment in13 volved. 

14 ‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes15 tic violence’ means domestic violence, and dating vio16 lence, as such terms are defined in section 2105 of 

17 the Omnibus Crime Control and Safe Streets Act of 

18 1968 (42 U.S.C. 3796hh–4).’’. 

19 (b) LEAVE REQUIREMENT.—Section 102 of the Fam20 ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 

21 amended— 

22 (1) in subsection (a)(1), by adding at the end 

23 the following: 

24 ‘‘(E) In order to care for the son, daugh25 ter, or parent of the employee, if such son, 
19 

•S 282 IS

1 daughter, or parent is addressing domestic vio2 lence and its effects. 

3 ‘‘(F) Because the employee is addressing 

4 domestic violence and its effects, which make 

5 the employee unable to perform the functions of 

6 the position of such employee.’’; 

7 (2) in subsection (b), by adding at the end the 

8 following: 

9 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub10 paragraph (E) or (F) of subsection (a)(1) may be 

11 taken by an eligible employee intermittently or on a 

12 reduced leave schedule. The taking of leave intermit13 tently or on a reduced leave schedule pursuant to 

14 this paragraph shall not result in a reduction in the 

15 total amount of leave to which the employee is enti16 tled under subsection (a) beyond the amount of leave 

17 actually taken.’’; and 

18 (3) in subsection (d)(2)(B), by striking ‘‘(C) or 

19 (D)’’ and inserting ‘‘(C), (D), (E), or (F)’’. 

20 (c) CERTIFICATION.—Section 103 of the Family and 

21 Medical Leave Act of 1993 (29 U.S.C. 2613) is amend22 ed— 

23 (1) in the title of the section, by inserting be24 fore the period the following: ‘‘; CONFIDEN25 TIALITY’’; and 
20 

•S 282 IS

1 (2) by adding at the end the following: 

2 ‘‘(f) DOMESTIC VIOLENCE.—In determining if an em3 ployee meets the requirements of subparagraph (E) or (F) 

4 of section 102(a)(1), the employer of an employee may re5 quire the employee to provide— 

6 ‘‘(1) a written statement describing the domes7 tic violence and its effects; 

8 ‘‘(2) documentation of the domestic violence in9 volved, such as a police or court record, or docu10 mentation from a shelter worker, an employee of a 

11 domestic violence program, an attorney, a member 

12 of the clergy, or a medical or other professional, 

13 from whom the employee has sought assistance in 

14 addressing domestic violence and its effects; or 

15 ‘‘(3) other corroborating evidence, such as a 

16 statement from any other individual with knowledge 

17 of the circumstances that provide the basis for the 

18 claim of domestic violence, or physical evidence of 

19 domestic violence, such as a photograph, torn or 

20 bloody clothing, or any other damaged property. 

21 ‘‘(g) CONFIDENTIALITY.—All evidence provided to 

22 the employer under subsection (f) of domestic violence ex23 perienced by an employee or the son, daughter, or parent 

24 of an employee, including a statement of an employee, any 

25 other documentation or corroborating evidence, and the 
21 

•S 282 IS

1 fact that an employee has requested leave for the purpose 

2 of addressing, or caring for a son, daughter, or parent who 

3 is addressing, domestic violence and its effects, shall be 

4 retained in the strictest confidence by the employer, except 

5 to the extent that disclosure is requested, or consented to, 

6 by the employee for the purpose of— 

7 ‘‘(1) protecting the safety of the employee or a 

8 family member or co-worker of the employee; or 

9 ‘‘(2) assisting in documenting domestic violence 

10 for a court or agency.’’. 

11 (d) TABLE OF CONTENTS.—The table of contents in 

12 section 1(b) of the Family and Medical Leave Act of 1993 

13 (29 U.S.C. prec. 2601) is amended by striking the item 

14 relating to section 103 and inserting the following: 

‘‘Sec. 103. Certification; confidentiality.’’. 

15 SEC. 302. ENTITLEMENT TO LEAVE FOR ADDRESSING DO16 MESTIC VIOLENCE FOR FEDERAL EMPLOY17 EES. 

18 (a) DEFINITIONS.—Section 6381 of title 5, United 

19 States Code, is amended— 

20 (1) at the end of paragraph (5), by striking 

21 ‘‘and’’; 

22 (2) in paragraph (6), by striking the period and 

23 inserting a semicolon; and 

24 (3) by adding at the end the following: 
22 

•S 282 IS

1 ‘‘(7) the term ‘addressing domestic violence and 

2 its effects’ has the meaning given the term in section 

3 101 of the Family and Medical Leave Act of 1993 

4 (29 U.S.C. 2611); and 

5 ‘‘(8) the term ‘domestic violence’ means domes6 tic violence, and dating violence, as such terms are 

7 defined in section 2105 of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (42 U.S.C. 

9 3796hh–4).’’. 

10 (b) LEAVE REQUIREMENT.—Section 6382 of title 5, 

11 United States Code, is amended— 

12 (1) in subsection (a)(1), by adding at the end 

13 the following: 

14 ‘‘(E) In order to care for the son, daughter, or 

15 parent of the employee, if such son, daughter, or 

16 parent is addressing domestic violence and its ef17 fects. 

18 ‘‘(F) Because the employee is addressing do19 mestic violence and its effects, which make the em20 ployee unable to perform the functions of the posi21 tion of such employee.’’; 

22 (2) in subsection (b), by adding at the end the 

23 following: 

24 ‘‘(3) DOMESTIC VIOLENCE.—Leave under sub25 paragraph (E) or (F) of subsection (a)(1) may be 
23 

•S 282 IS

1 taken by an employee intermittently or on a reduced 

2 leave schedule. The taking of leave intermittently or 

3 on a reduced leave schedule pursuant to this para4 graph shall not result in a reduction in the total 

5 amount of leave to which the employee is entitled 

6 under subsection (a) beyond the amount of leave ac7 tually taken.’’; and 

8 (3) in subsection (d), by striking ‘‘(C), or (D)’’ 

9 and inserting ‘‘(C), (D), (E), or (F)’’. 

10 (c) CERTIFICATION.—Section 6383 of title 5, United 

11 States Code, is amended— 

12 (1) in the title of the section, by adding at the 

13 end the following: ‘‘; CONFIDENTIALITY’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(f) In determining if an employee meets the require16 ments of subparagraph (E) or (F) of section 6382(a)(1), 

17 the employing agency of an employee may require the em18 ployee to provide— 

19 ‘‘(1) a written statement describing the domes20 tic violence and its effects; 

21 ‘‘(2) documentation of the domestic violence in22 volved, such as a police or court record, or docu23 mentation from a shelter worker, an employee of a 

24 domestic violence program, an attorney, a member 

25 of the clergy, or a medical or other professional, 
24 

•S 282 IS

1 from whom the employee has sought assistance in 

2 addressing domestic violence and its effects; or 

3 ‘‘(3) other corroborating evidence, such as a 

4 statement from any other individual with knowledge 

5 of the circumstances that provide the basis for the 

6 claim of domestic violence, or physical evidence of 

7 domestic violence, such as a photograph, torn or 

8 bloody clothing, or other damaged property. 

9 ‘‘(g) All evidence provided to the employing agency 

10 under subsection (f) of domestic violence experienced by 

11 an employee or the son, daughter, or parent of an em12 ployee, including a statement of an employee, any other 

13 documentation or corroborating evidence, and the fact 

14 that an employee has requested leave for the purpose of 

15 addressing, or caring for a son, daughter, or parent who 

16 is addressing, domestic violence and its effects, shall be 

17 retained in the strictest confidence by the employing agen18 cy, except to the extent that disclosure is requested, or 

19 consented to, by the employee for the purpose of— 

20 ‘‘(1) protecting the safety of the employee or a 

21 family member or co-worker of the employee; or 

22 ‘‘(2) assisting in documenting domestic violence 

23 for a court or agency.’’. 

24 (d) TABLE OF SECTIONS.—The table of sections for 

25 chapter 63 of title 5, United States Code, is amended by 
25 

•S 282 IS

1 striking the item relating to section 6383 and inserting 

2 the following: 

‘‘6383. Certification; confidentiality.’’. 

3 SEC. 303. EXISTING LEAVE USABLE FOR DOMESTIC VIO4 LENCE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADDRESSING DOMESTIC VIOLENCE AND ITS

7 EFFECTS.—The term ‘‘addressing domestic violence 

8 and its effects’’ has the meaning given the term in 

9 section 101 of the Family and Medical Leave Act of 

10 1993 (29 U.S.C. 2611), as amended in section 

11 301(a). 

12 (2) EMPLOYEE.—The term ‘‘employee’’ means 

13 any person employed by an employer. In the case of 

14 an individual employed by a public agency, such 

15 term means an individual employed as described in 

16 section 3(e) of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 203(e)). 

18 (3) EMPLOYER.—The term ‘‘employer’’— 

19 (A) means any person engaged in com20 merce or in any industry or activity affecting 

21 commerce who employs individuals, if such per22 son is also subject to the Family and Medical 

23 Leave Act of 1993 (29 U.S.C. 2601 et seq.) or 

24 to any provision of a State or local law, collec25 tive bargaining agreement, or employment bene-
26 

•S 282 IS

1 fits program or plan, addressing paid or unpaid 

2 leave from employment (including family, med3 ical, sick, annual, personal, or similar leave); 

4 and 

5 (B) includes any person acting directly or 

6 indirectly in the interest of an employer in rela7 tion to any employee, and includes a public 

8 agency, who is subject to a law, agreement, pro9 gram, or plan described in subparagraph (A), 

10 but does not include any labor organization 

11 (other than when acting as an employer) or 

12 anyone acting in the capacity of officer or agent 

13 of such labor organization. 

14 (4) EMPLOYMENT BENEFITS.—The term ‘‘em15 ployment benefits’’ has the meaning given the term 

16 in section 101 of the Family and Medical Leave Act 

17 of 1993 (29 U.S.C. 2611). 

18 (5) PARENT; SON OR DAUGHTER.—The terms 

19 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings 

20 given the terms in section 101 of the Family and 

21 Medical Leave Act of 1993 (29 U.S.C. 2611). 

22 (6) PUBLIC AGENCY.—The term ‘‘public agen23 cy’’ has the meaning given the term in section 3 of 

24 the Fair Labor Standards Act of 1938 (29 U.S.C. 

25 203). 
27 

•S 282 IS

1 (b) USE OF EXISTING LEAVE.—An employee who is 

2 entitled to take paid or unpaid leave (including family, 

3 medical, sick, annual, personal, or similar leave) from em4 ployment, pursuant to State or local law, a collective bar5 gaining agreement, or an employment benefits program or 

6 plan, shall be permitted to use such leave for the purpose 

7 of addressing domestic violence and its effects, or for the 

8 purpose of caring for a son or daughter or parent of the 

9 employee, if such son or daughter or parent is addressing 

10 domestic violence and its effects. 

11 (c) CERTIFICATION.—In determining whether an em12 ployee qualifies to use leave as described in subsection (b), 

13 an employer may require a written statement, documenta14 tion of domestic violence, or corroborating evidence con15 sistent with section 103(f) of the Family and Medical 

16 Leave Act of 1993 (29 U.S.C. 2613(f)), as amended by 

17 section 301(c). 

18 (d) CONFIDENTIALITY.—All evidence provided to the 

19 employer under subsection (c) of domestic violence experi20 enced by an employee or the son or daughter or parent 

21 of the employee, including a statement of an employee, 

22 any other documentation or corroborating evidence, and 

23 the fact that an employee has requested leave for the pur24 pose of addressing, or caring for a son or daughter or par25 ent who is addressing, domestic violence and its effects, 
28 

•S 282 IS

1 shall be retained in the strictest confidence by the em2 ployer, except to the extent that disclosure is requested, 

3 or consented to, by the employee for the purpose of— 

4 (1) protecting the safety of the employee or a 

5 family member or co-worker of the employee; or 

6 (2) assisting in documenting domestic violence 

7 for a court or agency. 

8 (e) PROHIBITED ACTS.— 

9 (1) INTERFERENCE WITH RIGHTS.— 

10 (A) EXERCISE OF RIGHTS.—It shall be un11 lawful for any employer to interfere with, re12 strain, or deny the exercise of or the attempt to 

13 exercise, any right provided under this section. 

14 (B) DISCRIMINATION.—It shall be unlaw15 ful for any employer to discharge or in any 

16 other manner discriminate against an individual 

17 for opposing any practice made unlawful by this 

18 section. 

19 (2) INTERFERENCE WITH PROCEEDINGS OR IN20 QUIRIES.—It shall be unlawful for any person to dis21 charge or in any other manner discriminate against 

22 any individual because such individual— 

23 (A) has filed any charge, or had instituted 

24 or caused to be instituted any proceeding, 

25 under or related to this section; 
29 

•S 282 IS

1 (B) has given, or is about to give, any in2 formation in connection with any inquiry or 

3 proceeding relating to any right provided under 

4 this section; or 

5 (C) has testified, or is about to testify, in 

6 any inquiry or proceeding relating to any right 

7 provided under this section. 

8 (f) ENFORCEMENT.— 

9 (1) PUBLIC ENFORCEMENT.—The Secretary of 

10 Labor shall have the powers set forth in subsections 

11 (b), (c), (d), and (e) of section 107 of the Family 

12 and Medical Leave Act of 1993 (29 U.S.C. 2617) 

13 for the purpose of public agency enforcement of any 

14 alleged violation of subsection (e) against any em15 ployer. 

16 (2) PRIVATE ENFORCEMENT.—The remedies 

17 and procedures set forth in section 107(a) of the 

18 Family and Medical Leave Act of 1993 (29 U.S.C. 

19 2617(a)) shall be the remedies and procedures pur20 suant to which an employee may initiate a legal ac21 tion against an employer for alleged violations of 

22 subsection (e). 

23 (3) REFERENCES.—For purposes of paragraphs 

24 (1) and (2), references in section 107 of the Family 

25 and Medical Leave Act of 1993 (29 U.S.C. 2617) to 
30 

•S 282 IS

1 section 105 of such Act (29 U.S.C. 2615) shall be 

2 considered to be references to subsection (e). 

3 (4) EMPLOYER LIABILITY UNDER OTHER

4 LAWS.—Nothing in this section shall be construed to 

5 limit the liability of an employer to an employee for 

6 harm suffered relating to the employee’s experience 

7 of domestic violence pursuant to any other Federal 

8 or State law, including a law providing for a legal 

9 remedy. 

10 TITLE IV—FEDERAL EMPLOYEES 

11 PAID PARENTAL LEAVE 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Federal Employees 

14 Paid Parental Leave Act of 2005’’. 

15 SEC. 402. DEMONSTRATION PROJECT. 

16 Subchapter V of chapter 63 of title 5, United States 

17 Code, is amended— 

18 (1) by redesignating section 6387 as section 

19 6388; and 

20 (2) by inserting after section 6386 the fol21 lowing: 

22 ‘‘§ 6387. Paid leave demonstration project 

23 ‘‘(a) The Office of Personnel Management may, 

24 through an agreement or contract with 1 or more employ25 ing agencies described in subsection (b), conduct under 
31 

•S 282 IS

1 section 4703 a demonstration project that assists families 

2 by providing paid leave for eligible individuals who are re3 sponding to— 

4 ‘‘(1) caregiving needs resulting from the birth 

5 or adoption of a son or daughter; or 

6 ‘‘(2) other family caregiving needs. 

7 ‘‘(b) In carrying out a project under this section, an 

8 employing agency of 1 or more employees shall provide 

9 partial or full paid leave to eligible individuals for not less 

10 than 6 weeks during a period of leave, or an absence from 

11 employment, described in subsection (c)(2), during any 

12 12-month period. Paid leave available to an individual 

13 under this subsection shall be in addition to any annual 

14 or sick leave that the individual may elect to use during 

15 a period of leave, or an absence from employment, de16 scribed in subsection (c)(2), during any 12-month period. 

17 ‘‘(c) To be eligible to receive paid leave under sub18 section (a), an individual shall— 

19 ‘‘(1) be an employee who meets such eligibility 

20 criteria as the Office of Personnel Management may 

21 specify in a plan described in section 4703(b); and 

22 ‘‘(2) be— 

23 ‘‘(A) an individual who is taking leave, 

24 under this subchapter, or other Federal law, for 
32 

•S 282 IS

1 a reason described in subparagraph (A) or (B) 

2 of section 6382(a)(1); 

3 ‘‘(B) at the option of the Office of Per4 sonnel Management, an individual who— 

5 ‘‘(i) is taking leave, under this sub6 chapter, or other Federal law, for a reason 

7 described in subparagraph (C), (D), (E), 

8 or (F) of section 6382(a)(1); or 

9 ‘‘(ii) leaves employment, and has an 

10 absence from employment, because the in11 dividual has elected to care for a son or 

12 daughter under age 1; or 

13 ‘‘(C) at the option of the Office of Per14 sonnel Management, an individual who has an 

15 absence from employment and has other char16 acteristics specified by the Office of Personnel 

17 Management in a plan described in section 

18 4703(b). 

19 ‘‘(d) An employing agency that provides partial or 

20 full paid leave to an eligible individual under this section 

21 shall notify (in a form and manner prescribed by the Of22 fice of Personnel Management) the individual that the em23 ploying agency shall count an appropriate period of leave, 

24 calculated under section 6382(f), against the total amount 
33 

•S 282 IS

1 of leave (if any) to which the employee is entitled under 

2 section 6382(a)(1). 

3 ‘‘(e)(1) A demonstration project conducted under this 

4 section shall not be counted toward the 10-project limit 

5 established in section 4703(d)(2). 

6 ‘‘(2) The Office of Personnel Management may pro7 vide a waiver for the demonstration project in accordance 

8 with section 4703, except that section 4703(c)(1) shall not 

9 apply to such a waiver. 

10 ‘‘(f)(1) There are authorized to be appropriated to 

11 carry out this section $400,000,000 for fiscal year 2006 

12 and such sums as may be necessary for each subsequent 

13 fiscal year. 

14 ‘‘(2) Funds appropriated under paragraph (1) may 

15 be allocated as described in section 4704.’’. 

16 SEC. 403. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) IN GENERAL.—Section 6382 of title 5, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(f)(1) If an employing agency provides an amount 

21 of full paid leave to an employee for a period under section 

22 6387, the employing agency shall count an amount of 

23 leave, equal to that period, against the total amount of 

24 leave (if any) to which the employee is entitled under sub25 section (a)(1). 
34 

•S 282 IS

1 ‘‘(2) If an employing agency provides an amount of 

2 partial paid leave to an employee for a period under sec3 tion 6387, the employing agency shall— 

4 ‘‘(A) total the amount of partial paid leave pro5 vided for that period; 

6 ‘‘(B) convert the total into a corresponding 

7 amount of full paid leave provided for a proportion8 ately reduced period; and 

9 ‘‘(C) count an amount of leave, equal to the pe10 riod described in subparagraph (B), against the total 

11 amount of leave (if any) to which the employee is en12 titled under subsection (a)(1).’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Section 6382 of title 5, United States Code, is amended— 

15 (1) in subsection (c), by striking ‘‘(d),’’ and in16 serting ‘‘(d) or section 6387,’’; and 

17 (2) in subsection (d), by inserting ‘‘any unpaid’’ 

18 after ‘‘substitute for’’. 

19 (c) TABLE OF SECTIONS.—The table of sections for 

20 chapter 63 of title 5, United States Code, is amended by 

21 striking the item relating to section 6387 and inserting 

22 the following: 

‘‘6387. Paid leave demonstration project. 

‘‘6388. Regulations.’’. 
35 

•S 282 IS

1 SEC. 404. EFFECTIVE DATE. 

2 The amendments made by this title shall not be effec3 tive with respect to any birth or placement occurring be4 fore the end of the 6-month period beginning on the date 

5 of enactment of this Act. 

6 TITLE V—TIME FOR SCHOOLS 

7 SEC. 501. SHORT TITLE. 

8 This title may be cited as the ‘‘Time for Schools Act 

9 of 2005’’. 

10 SEC. 502. GENERAL REQUIREMENTS FOR LEAVE. 

11 (a) ENTITLEMENT TO LEAVE.—Section 102(a) of the 

12 Family and Medical Leave Act of 1993 (29 U.S.C. 

13 2612(a)) is amended by adding at the end the following: 

14 ‘‘(3) ENTITLEMENT TO SCHOOL INVOLVEMENT

15 LEAVE.— 

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

17 103(h), an eligible employee shall be entitled to 

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

19 month period to participate in an academic ac20 tivity of a school of a son or daughter of the 

21 employee, such as a parent-teacher conference 

22 or an interview for a school, or to participate in 

23 literacy training under a family literacy pro24 gram. 

25 ‘‘(B) DEFINITIONS.—In this paragraph: 
36 

•S 282 IS

1 ‘‘(i) FAMILY LITERACY PROGRAM.— 

2 The term ‘family literacy program’ means 

3 a program of services that are of sufficient 

4 intensity in terms of hours, and of suffi5 cient duration, to make sustainable 

6 changes in a family and that integrate all 

7 of the following activities: 

8 ‘‘(I) Interactive literacy activities 

9 between parents and their sons and 

10 daughters. 

11 ‘‘(II) Training for parents on 

12 how to be the primary teacher for 

13 their sons and daughters and full 

14 partners in the education of their sons 

15 and daughters. 

16 ‘‘(III) Parent literacy training. 

17 ‘‘(IV) An age-appropriate edu18 cation program for sons and daugh19 ters. 

20 ‘‘(ii) LITERACY.—The term ‘literacy’, 

21 used with respect to an individual, means 

22 the ability of the individual to speak, read, 

23 and write English, and compute and solve 

24 problems, at levels of proficiency nec25 essary— 
37 

•S 282 IS

1 ‘‘(I) to function on the job, in the 

2 family of the individual, and in soci3 ety; 

4 ‘‘(II) to achieve the goals of the 

5 individual; and 

6 ‘‘(III) to develop the knowledge 

7 potential of the individual. 

8 ‘‘(iii) SCHOOL.—The term ‘school’ 

9 means an elementary school or secondary 

10 school (as such terms are defined in sec11 tion 9101 of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 

13 7801)), a Head Start program assisted 

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

15 et seq.), and a child care facility operated 

16 by a provider who meets the applicable 

17 State or local government licensing, certifi18 cation, approval, or registration require19 ments, if any. 

20 ‘‘(4) LIMITATION.—No employee may take 

21 more than a total of 12 workweeks of leave under 

22 paragraphs (1) and (3) during any 12-month pe23 riod.’’. 

24 (b) SCHEDULE.—Section 102(b)(1) of such Act (29 

25 U.S.C. 2612(b)(1)) is amended by inserting after the sec-
38 

•S 282 IS

1 ond sentence the following: ‘‘Leave under subsection 

2 (a)(3) may be taken intermittently or on a reduced leave 

3 schedule.’’. 

4 (c) SUBSTITUTION OF PAID LEAVE.—Section 

5 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 

6 amended by inserting before the period the following: 

7 ‘‘, or for leave provided under subsection (a)(3) for any 

8 part of the 24-hour period of such leave under such sub9 section’’. 

10 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

11 2612(e)) is amended by adding at the end the following: 

12 ‘‘(3) NOTICE FOR SCHOOL INVOLVEMENT

13 LEAVE.—In any case in which the necessity for leave 

14 under subsection (a)(3) is foreseeable, the employee 

15 shall provide the employer with not less than 7 days’ 

16 notice, before the date the leave is to begin, of the 

17 employee’s intention to take leave under such sub18 section. If the necessity for the leave is not foresee19 able, the employee shall provide such notice as is 

20 practicable.’’. 

21 (e) CERTIFICATION.—Section 103 of such Act (29 

22 U.S.C. 2613), as amended by section 301(c), is further 

23 amended by adding at the end the following: 

24 ‘‘(h) CERTIFICATION FOR SCHOOL INVOLVEMENT

25 LEAVE.—An employer may require that a request for 
39 

•S 282 IS

1 leave under section 102(a)(3) be supported by a certifi2 cation issued at such time and in such manner as the Sec3 retary may by regulation prescribe.’’. 

4 SEC. 503. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERV5 ICE EMPLOYEES. 

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

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

8 end the following: 

9 ‘‘(3)(A) Subject to section 6383(h), an employee shall 

10 be entitled to a total of 24 hours of leave during any 12- 

11 month period to participate in an academic activity of a 

12 school of a son or daughter of the employee, such as a 

13 parent-teacher conference or an interview for a school, or 

14 to participate in literacy training under a family literacy 

15 program. 

16 ‘‘(B) In this paragraph: 

17 ‘‘(i) The term ‘family literacy program’ means 

18 a program of services that are of sufficient intensity 

19 in terms of hours, and of sufficient duration, to 

20 make sustainable changes in a family and that inte21 grate all of the following activities: 

22 ‘‘(I) Interactive literacy activities between 

23 parents and their sons and daughters. 

24 ‘‘(II) Training for parents on how to be 

25 the primary teacher for their sons and daugh-
40 

•S 282 IS

1 ters and full partners in the education of their 

2 sons and daughters. 

3 ‘‘(III) Parent literacy training. 

4 ‘‘(IV) An age-appropriate education pro5 gram for sons and daughters. 

6 ‘‘(ii) The term ‘literacy’, used with respect to 

7 an individual, means the ability of the individual to 

8 speak, read, and write English, and compute and 

9 solve problems, at levels of proficiency necessary— 

10 ‘‘(I) to function on the job, in the family 

11 of the individual, and in society; 

12 ‘‘(II) to achieve the goals of the individual; 

13 and 

14 ‘‘(III) to develop the knowledge potential 

15 of the individual. 

16 ‘‘(iii) The term ‘school’ means an elementary 

17 school or secondary school (as such terms are de18 fined in section 9101 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 7801)), a 

20 Head Start program assisted under the Head Start 

21 Act (42 U.S.C. 9831 et seq.), and a child care facil22 ity operated by a provider who meets the applicable 

23 State or local government licensing, certification, ap24 proval, or registration requirements, if any. 
41 

•S 282 IS

1 ‘‘(4) No employee may take more than a total of 12 

2 workweeks of leave under paragraphs (1) and (3) during 

3 any 12-month period.’’. 

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

5 amended by inserting after the second sentence the fol6 lowing: ‘‘Leave under subsection (a)(3) may be taken 

7 intermittently or on a reduced leave schedule.’’. 

8 (c) SUBSTITUTION OF PAID LEAVE.—Section 

9 6382(d) of such title is amended by inserting before 

10 ‘‘, except’’ the following: ‘‘, or for leave provided under 

11 subsection (a)(3) any of the employee’s accrued or accu12 mulated annual leave under subchapter I for any part of 

13 the 24-hour period of such leave under such subsection’’. 

14 (d) NOTICE.—Section 6382(e) of such title is amend15 ed by adding at the end the following: 

16 ‘‘(3) In any case in which the necessity for leave 

17 under subsection (a)(3) is foreseeable, the employee shall 

18 provide the employing agency with not less than 7 days’ 

19 notice, before the date the leave is to begin, of the employ20 ee’s intention to take leave under such subsection. If the 

21 necessity for the leave is not foreseeable, the employee 

22 shall provide such notice as is practicable.’’. 

23 (e) CERTIFICATION.—Section 6383 of such title, as 

24 amended by section 302(c), is further amended by adding 

25 at the end the following: 
42 

•S 282 IS

1 ‘‘(h) An employing agency may require that a request 

2 for leave under section 6382(a)(3) be supported by a cer3 tification issued at such time and in such manner as the 

4 Office of Personnel Management may by regulation pre5 scribe.’’. 

6 SEC. 504. EFFECTIVE DATE. 

7 This title takes effect 120 days after the date of en8 actment of this Act. 

Æ