I 

111TH CONGRESS 

1ST SESSION H. R. 2161 

To nullify certain regulations promulgated under the Family and Medical 

Leave Act of 1993 and restore prior regulations and to direct the 

Secretary of Labor to revise certain additional regulations under that 

Act. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2009 

Ms. SHEA-PORTER (for herself, Mr. GEORGE MILLER of California, Ms. 

WOOLSEY, Mr. PAYNE, Mr. HARE, Mr. COURTNEY, Mr. BISHOP of New 

York, Ms. HIRONO, Mr. KUCINICH, Mr. SCOTT of Virginia, Ms. 

SCHAKOWSKY, Mr. LOEBSACK, Mr. GRIJALVA, Mr. HINOJOSA, Mr. WU, 

Ms. PINGREE of Maine, Mr. COHEN, Ms. DEGETTE, Ms. MOORE of Wisconsin, Ms. SUTTON, Mrs. MALONEY, Ms. WATERS, Ms. FUDGE, Ms. 

EDDIE BERNICE JOHNSON of Texas, and Ms. CASTOR of Florida) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and 

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 nullify certain regulations promulgated under the Family 

and Medical Leave Act of 1993 and restore prior regulations and to direct the Secretary of Labor to revise 

certain additional regulations under that Act. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Family and Medical 

3 Leave Restoration Act’’. 

4 SEC. 2. NULLIFICATION AND REVISION OF CERTAIN REGU5 LATIONS UNDER THE FAMILY AND MEDICAL 

6 LEAVE ACT. 

7 (a) REVISION OF REGULATIONS.—Not later than 180 

8 days after the date of enactment of this Act, the Secretary 

9 of Labor shall revise regulations promulgated under the 

10 Family and Medical Leave Act of 1993 (29 U.S.C. 2611 

11 et seq.) and contained in section 825 of title 29, Code of 

12 Federal Regulations as follows: 

13 (1) Repeal the regulations promulgated on No14 vember 17, 2008, and set forth in sections 

15 825.205(a)(2), 825.207, 825.215, 825.220(d), 

16 825.302, 825.303, 825.307, and 825.312 of title 29, 

17 Code of Federal Regulations, and restore the regula18 tions to carry out such Act as promulgated on Janu19 ary 6, 1996. 

20 (2) Revise section 825.308(b) of such title to 

21 permit an employer to require recertification of a 

22 medical condition no earlier than— 

23 (A) the expiration of the length of time in24 dicated in the original certification of the med25 ical condition; or 


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1 (B) 1 year after obtaining the original cer2 tification for a medical condition, if the original 

3 certification indicated that the condition would 

4 last longer than 1 year. 

5 (3) Revise section 825.115 (a) and (c) to re6 move the requirements for a specific number of peri7 odic visits for treatment by a health care provider in 

8 order to qualify for leave for a serious health condi9 tion or chronic condition and to require only the 

10 treatment that the health care provider determines 

11 proper. 

12 (b) REVISION OF MEDICAL CERTIFICATION FORM

13 TEMPLATES.—Not later than 180 days after the date of 

14 enactment of this Act, the Secretary of Labor shall, in 

15 consultation with health care providers and representa16 tives of employers and employees, revise any medical cer17 tification form templates made available by the Secretary 

18 for the purpose of medical certification under the Family 

19 and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) 

20 to permit and facilitate health care providers to make the 

21 determination of whether a medical condition qualifies as 

22 a serious health condition for purposes of that Act. 

Æ 


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