I 

111TH CONGRESS 

1ST SESSION H. R. 2339 

To establish a program that supports the efforts of States to provide partial 

or full wage replacement to new parents, so that the new parents are 

able to spend time with a new infant or newly adopted child, and 

to other employees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2009 

Ms. WOOLSEY introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To establish a program that supports the efforts of States 

to provide partial or full wage replacement to new parents, so that the new parents are able to spend time 

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

employees, 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. 

4 This Act may be cited as the ‘‘Family Income to Re5 spond to Significant Transitions Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ALTERNATIVE BASE PERIOD CALCULA2 TION.—The term ‘‘alternative base period’’ means a 

3 base period that includes the most recently com4 pleted calendar quarter before the start of the ben5 efit year. 

6 (2) BENEFIT YEAR.—The term ‘‘benefit year’’ 

7 means the 1-year period beginning with the first day 

8 of the first week with respect to which an individual 

9 files a valid claim for benefits. 

10 (3) EMPLOYER; SON OR DAUGHTER; STATE.— 

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

12 ‘‘State’’ have the meanings given the terms in sec13 tion 101 of the Family and Medical Leave Act of 

14 1993 (29 U.S.C. 2611). 

15 (4) STATES WITHOUT AN EXISTING PRO16 GRAM.—The phrase ‘‘States without an existing pro17 gram’’ refers to States where a program to provide 

18 partial or full wage replacement as described in sec19 tion 3 is not in effect on the date of the enactment 

20 of this Act. 

21 (5) STATES WITH AN EXISTING PROGRAM.— 

22 The phrase ‘‘States with an existing program’’ refers 

23 to States where a program to provide partial or full 

24 wage replacement as described in section 3 is in ef25 fect on the date of the enactment of this Act. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 SEC. 3. STATE GRANTS. 

4 (a) GRANTS.— 

5 (1) IN GENERAL.—From the amounts appro6 priated under section 4, the Secretary shall award 

7 grants to States to pay for the Federal share of the 

8 cost of carrying out programs that assist families by 

9 providing, through various mechanisms, wage re10 placement for eligible individuals taking leave— 

11 (A) to respond to caregiving needs result12 ing from the birth or adoption of a son or 

13 daughter; or 

14 (B) for other purposes under the Family 

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

16 2611 et seq.) or provided under State or local 

17 law. 

18 (2) PERIODS.— 

19 (A) STATES WITHOUT AN EXISTING PRO20 GRAM.—A State without an existing program 

21 may receive— 

22 (i) 1 grant for up to a 3-year period 

23 to fund the activities described in sub24 section (b)(1); and 


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1 (ii) 1 grant for up to a 3-year period 

2 to fund the activities described in sub3 section (b)(2). 

4 (B) STATES WITH AN EXISTING PRO5 GRAM.—A State with an existing program may 

6 receive 1 grant for up to a 3-year period to 

7 fund the activities described in subsection 

8 (b)(2). 

9 (3) PRIORITY.—In awarding grants described 

10 in paragraph (2)(A)(ii), the Secretary shall give pri11 ority to States that have not received a grant de12 scribed in paragraph (2)(A)(i). 

13 (b) USES OF FUNDS.— 

14 (1) STATES WITHOUT AN EXISTING PRO15 GRAM.—States without an existing program shall 

16 use the funds made available through the grant— 

17 (A) to implement and develop such a pro18 gram in the State, and to pay for any other ad19 ministrative costs of the program; and 

20 (B) to cover the cost of providing partial 

21 or full wage replacement as described in this 

22 section to eligible individuals for not longer 

23 than the first 6 months of the program. 

24 (2) STATES WITH AN EXISTING PROGRAM.— 

25 States with an existing program, or States without 


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1 an existing program who have previously received a 

2 grant under this Act, may use the funds made avail3 able through the grant— 

4 (A) to conduct outreach or education pro5 grams that promote such program and educate 

6 the residents of the State about such program; 

7 (B) to cover the cost of providing partial 

8 or full wage replacement as described in this 

9 section to eligible individuals; 

10 (C) to cover any administrative costs of the 

11 program; 

12 (D) to provide incentives to employers in 

13 such State that are not covered by the Family 

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

15 2614) to provide the employment and benefits 

16 protection described in section 104 of such Act 

17 (29 U.S.C. 2614); or 

18 (E) for any other purpose approved by the 

19 Secretary. 

20 (3) PARTIAL OR FULL WAGE REPLACEMENT.— 

21 (A) IN GENERAL.—In carrying out a pro22 gram under this section, a State shall provide 

23 partial or full wage replacement for not less 

24 than 6 weeks (or some lesser period as deter25 mined by the Secretary) during a period of 


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1 leave during any 12-month period to an eligible 

2 individual— 

3 (i) directly; 

4 (ii) through an insurance program, 

5 such as a State temporary disability insur6 ance program or a State unemployment 

7 compensation benefit program; 

8 (iii) through a private disability or 

9 other insurance plan, or another mecha10 nism provided by a private employer; or 

11 (iv) through another mechanism. 

12 (B) ELIGIBILITY CRITERIA.—To be eligible 

13 to receive a grant under this Act, the criteria 

14 a State may use to determine whether an indi15 vidual is eligible for wage replacement under 

16 this section shall— 

17 (i) in States that use the alternative 

18 base period in calculating unemployment 

19 benefits— 

20 (I) be equal to or less than the 

21 number of hours worked or the 

22 amount of wages earned that are re23 quired to qualify for such benefits in 

24 the State; or 


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1 (II) be eligibility criteria that 

2 lead to an equal or greater number of 

3 individuals being eligible for wage re4 placement under this section than the 

5 number of individuals eligible for such 

6 wage replacement under the criteria 

7 described in subclause (I); 

8 (ii) in States that do not use the al9 ternative base period in calculating unem10 ployment benefits— 

11 (I) be equal to or less than the 

12 number of hours worked or the 

13 amount of wages earned that are re14 quired to qualify for such benefits in 

15 the State, but shall be calculated 

16 using an alternative base period for 

17 purposes of this subparagraph in the 

18 case of an individual who would not 

19 otherwise qualify for such benefits in 

20 the State; or 

21 (II) be eligibility criteria that 

22 lead to an equal or greater number of 

23 individuals being eligible for wage re24 placement under this section than the 

25 number of individuals eligible for such 


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1 wage replacement under the criteria 

2 described in subclause (I); and 

3 (iii) with the exception of any notice, 

4 certification, or other administrative re5 quirements specified by a State in sub6 section (d), not include any eligibility cri7 teria not specified in clause (i) or (ii). 

8 (C) ADDITIONAL COMPENSATION.—Wage 

9 replacement available to an eligible individual 

10 under this Act shall be in addition to any com11 pensation from annual or sick leave that the in12 dividual may elect to use during a period of 

13 leave during any 12-month period. 

14 (c) ELIGIBLE INDIVIDUALS.—To be eligible to receive 

15 wage replacement under a program receiving a grant 

16 under this Act, an individual shall— 

17 (1) meet the eligibility criteria and any notice 

18 and certification requirements that the State may 

19 specify in an application described in section (d); 

20 and 

21 (2) be— 

22 (A) an individual who is taking leave under 

23 the Family and Medical Leave Act of 1993 (29 

24 U.S.C. 2601 et seq.), other Federal, State, or 

25 local law, or under a private plan, or a program 


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1 receiving a grant under this Act, for a reason 

2 described in subparagraph (A) or (B) of section 

3 102(a)(1) of the Family and Medical Leave Act 

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

5 (B) at the option of the State, an indi6 vidual who— 

7 (i) is taking leave under such Act, 

8 other Federal, State, or local law, or under 

9 a private plan, or a program receiving a 

10 grant under this Act, for a reason de11 scribed in subparagraph (C), (D), or (E) of 

12 section 102(a)(1), or under paragraph (3) 

13 of section 102(a) of the Family and Med14 ical Leave Act of 1993 (29 U.S.C. 

15 2612(a)(1)); 2612(a)(4); or 

16 (ii) is taking leave under a program 

17 receiving a grant under this Act— 

18 (I) because of the birth of a son 

19 or daughter of any individual whose 

20 relationship to the individual taking 

21 leave is recognized for purposes of 

22 such leave under State or local law; 

23 (II) because of the placement of 

24 a son or daughter for adoption or fos25 ter care with any individual whose reVerDate Nov 24 2008 02:26 May 09, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2339.IH H2339

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1 lationship to the individual taking 

2 leave is recognized for purposes of 

3 such leave under State or local law; 

4 (III) in order to care for any in5 dividual who has a serious health con6 dition and whose relationship to the 

7 individual taking leave is recognized 

8 for purposes of such leave under State 

9 or local law; 

10 (IV) because of a qualifying exi11 gency (as determined by State or local 

12 law) arising out of the fact that any 

13 individual is on active duty (or has 

14 been notified of an impending call or 

15 order to active duty) in the Armed 

16 Forces in support of a contingency op17 eration and whose relationship to the 

18 individual taking leave is recognized 

19 for purposes of such leave under State 

20 or local law; or 

21 (V) to care for any individual 

22 who is a covered servicemember (as 

23 determined by State or local law) and 

24 whose relationship to the individual 


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1 taking leave is recognized for purposes 

2 of such leave under State or local law. 

3 (d) APPLICATION.—To be eligible to receive a grant 

4 under this section, a State shall submit an application to 

5 the Secretary, at such time, in such manner, and con6 taining such information and assurances as the Secretary 

7 may require, including, at a minimum— 

8 (1) a description of the wage replacement pro9 gram and, if applicable, how the grant funds will be 

10 used to implement and develop such program; 

11 (2)(A) information on the number and type of 

12 families to be covered by the program, and the ex13 tent of such coverage in the area served under the 

14 grant; 

15 (B) information on any eligibility criteria and 

16 any notice, certification, or other administrative re17 quirements that the State will use to determine 

18 whether an individual is eligible for wage replace19 ment under this section, as described in subsection 

20 (c)(1); 

21 (C) an assurance that such eligibility criteria 

22 meet the requirements of subsection (b)(3)(B); 

23 (3) if the program will expand on State and pri24 vate systems of wage replacement for eligible indiVerDate Nov 24 2008 02:26 May 09, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2339.IH H2339

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1 viduals, information on the manner in which the pro2 gram will expand on the systems; 

3 (4) information demonstrating the manner in 

4 which the wage replacement assistance provided 

5 through the program will assist families in which an 

6 individual takes leave; and 

7 (5) which State agency will administer the pro8 gram. 

9 (e) SELECTION CRITERIA.—In selecting States to re10 ceive grants for programs under this Act, the Secretary 

11 shall take into consideration— 

12 (1) the scope of the proposed programs; 

13 (2) the cost-effectiveness, feasibility, and finan14 cial soundness of the proposed programs; 

15 (3) the extent to which the proposed programs 

16 would expand access to wage replacement in re17 sponse to family caregiving needs, particularly for 

18 low-wage employees, in the area served by the grant; 

19 and 

20 (4) the benefits that would be offered to fami21 lies and children through the proposed programs. 

22 (f) FEDERAL SHARE.— 

23 (1) IN GENERAL.— 


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1 (A) For each State without an existing 

2 program that has not previously received a 

3 grant under this Act, the Federal share— 

4 (i) of the cost to implement and de5 velop the program, and any other adminis6 trative costs of the program, shall be 100 

7 percent for up to a 3-year period; and 

8 (ii) of the cost of providing partial or 

9 full wage replacement as described in this 

10 section to eligible individuals for not longer 

11 than the first 6 months of the program, 

12 shall be— 

13 (I) 50 percent in the case of such 

14 State with a program to provide wage 

15 replacement to eligible individuals tak16 ing leave for any reason described in 

17 subparagraph (A) or (B) of section 

18 102(a)(1) of the Family and Medical 

19 Leave Act of 1993 (29 U.S.C. 

20 2612(a)(1)); 

21 (II) 75 percent in the case of 

22 such State with a program to provide 

23 wage replacement to eligible individ24 uals taking leave for any reason de25 scribed in subclause (I) and to eligible 


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1 individuals taking leave for any (but 

2 not all) of the following reasons: 

3 (aa) A reason described in 

4 subparagraph (C) section 

5 102(a)(1) of the Family and 

6 Medical Leave Act of 1993 (29 

7 U.S.C. 2612(a)(1)); 

8 (bb) A reason described in 

9 subparagraph (D) of such section 

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

11 (cc) A reason described in 

12 subparagraph (E) of such section 

13 (29 U.S.C. 2612(a)(1)); or 

14 (dd) A reason described in 

15 under paragraph (3) of section 

16 102(a) of such Act (29 U.S.C. 

17 2612(a)(3)); or 

18 (III) 100 percent in the case of 

19 such State with a program to provide 

20 wage replacement to eligible individ21 uals taking leave for any of the rea22 sons described subclause (I) or (II). 

23 (B) Subject to paragraph (3), for each 

24 State with an existing program, or for each 

25 State without an existing program that has preVerDate Nov 24 2008 02:26 May 09, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2339.IH H2339

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1 viously received a grant under this Act, the 

2 Federal share of the cost to carry out the ac3 tivities described in subsection (b)(2) shall be— 

4 (i) 50 percent for the first year of the 

5 grant period; 

6 (ii) 40 percent for the second year of 

7 that period; and 

8 (iii) 30 percent for the third year of 

9 that period. 

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

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

12 evaluated, including plant, equipment, and services 

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

14 sources, or from Federal sources other than this 

15 Act. 

16 (3) DISCRETION.—The Secretary may increase 

17 the Federal share percentages under paragraph 

18 (1)(B). 

19 (g) EFFECT ON EXISTING RIGHTS.—Nothing in this 

20 Act or in any program receiving a grant under this Act 

21 shall be construed to supersede, preempt, or otherwise in22 fringe on the provisions of any collective bargaining agree23 ment or any employment benefit program or plan that pro24 vides greater rights to employees than the rights estab25 lished under this Act. 


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1 (h) NOTIFICATION.—A State that provides partial or 

2 full wage replacement to an eligible individual under this 

3 Act shall notify (in a form and manner prescribed by the 

4 Secretary)— 

5 (1) the employer of the individual of the 

6 amount of the wage replacement provided; and 

7 (2) the individual and the employer of the indi8 vidual that the employer shall count an appropriate 

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

10 the Family and Medical Leave Act of 1993 (29 

11 U.S.C. 2612(g)), against the total amount of leave 

12 (if any) to which the employee is entitled under sec13 tion 102(a)(1) of that Act (29 U.S.C. 2612(a)(1)). 

14 (i) REPORT.—Not later than 3 years after the begin15 ning of the grant period for the first grant made under 

16 this Act, and annually thereafter, the Secretary shall sub17 mit to Congress a report that contains a description and 

18 evaluation of the grant program under this section for the 

19 preceding year. 

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this Act $1,500,000,000 for fiscal years 2010 through 

23 2013 and such sums as may be necessary for each of the 

24 succeeding fiscal years. 

Æ 


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