I

103D CONGRESS

1ST SESSION H. R. 680

To grant employees family and temporary medical leave under certain

circumstances, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. HOUGHTON introduced the following bill; which was referred jointly to the

Committees on Education and Labor, Post Office and Civil Service, and

House Administration

A BILL

To grant employees family and temporary medical leave

under certain circumstances, 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 Act of 1993’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

TITLE I—GENERAL REQUIREMENTS FOR LEAVE

Sec. 101. Definitions.

Sec. 102. Leave requirement.

Sec. 103. Certification.

Sec. 104. Employment and benefits protection.
2

•HR 680 IH

Sec. 105. Prohibited acts.

Sec. 106. Investigative authority.

Sec. 107. Enforcement.

Sec. 108. Special rules concerning employees of local educational agencies.

Sec. 109. Notice.

Sec. 110. Regulations.

TITLE II—LEAVE FOR CIVIL SERVICE EMPLOYEES

Sec. 201. Leave requirement.

TITLE III—COMMISSION ON LEAVE

Sec. 301. Establishment.

Sec. 302. Duties.

Sec. 303. Membership.

Sec. 304. Compensation.

Sec. 305. Powers.

Sec. 306. Termination.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Effect on other laws.

Sec. 402. Effect on existing employment benefits.

Sec. 403. Encouragement of more generous leave policies.

Sec. 404. Regulations.

Sec. 405. Effective dates.

TITLE V—COVERAGE OF CONGRESSIONAL EMPLOYEES

Sec. 501. Leave for certain Senate employees.

Sec. 502. Leave for certain congressional employees.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the number of single-parent households and

4 two-parent households in which the single parent or

5 both parents work is increasing significantly;

6 (2) it is important for the development of chil7 dren and the family unit that fathers and mothers

8 be able to participate in early childrearing and the

9 care of family members who have serious health con10 ditions;
3

•HR 680 IH

1 (3) the lack of employment policies to accom2 modate working parents can force individuals to

3 choose between job security and parenting;

4 (4) there is inadequate job security for employ5 ees who have serious health conditions that prevent

6 them from working for temporary periods;

7 (5) due to the nature of the roles of men and

8 women in our society, the primary responsibility for

9 family caretaking often falls on women, and such re10 sponsibility affects the working lives of women more

11 than it affects the working lives of men; and

12 (6) employment standards that apply to one

13 gender only have serious potential for encouraging

14 employers to discriminate against employees and ap15 plicants for employment who are of that gender.

16 (b) PURPOSES.—It is the purpose of this Act—

17 (1) to balance the demands of the workplace

18 with the needs of families, to promote the stability

19 and economic security of families, and to promote

20 national interests in preserving family integrity;

21 (2) to entitle employees to take reasonable leave

22 for medical reasons, for the birth or adoption of a

23 child, and for the care of a child, spouse, or parent

24 who has a serious health condition;
4

•HR 680 IH

1 (3) to accomplish the purposes described in

2 paragraphs (1) and (2) in a manner that accommo3 dates the legitimate interests of employers;

4 (4) to accomplish the purposes described in

5 paragraphs (1) and (2) in a manner that, consistent

6 with the Equal Protection Clause of the Fourteenth

7 Amendment, minimizes the potential for employment

8 discrimination on the basis of sex by ensuring gen9 erally that leave is available for eligible medical rea10 sons (including maternity-related disability) and for

11 compelling family reasons, on a gender-neutral basis;

12 and

13 (5) to promote the goal of equal employment

14 opportunity for women and men, pursuant to such

15 clause.

16 TITLE I—GENERAL

17 REQUIREMENTS FOR LEAVE

18 SEC. 101. DEFINITIONS.

19 As used in this title:

20 (1) COMMERCE.—The terms ‘‘commerce’’ and

21 ‘‘industry or activity affecting commerce’’ mean any

22 activity, business, or industry in commerce or in

23 which a labor dispute would hinder or obstruct com24 merce or the free flow of commerce, and include

25 ‘‘commerce’’ and any ‘‘industry affecting com-
5

•HR 680 IH

1 merce’’, as defined in paragraphs (3) and (1), re2 spectively, of section 120 of the Labor Management

3 Relations Act, 1947 (29 U.S.C. 142 (3) and (1)).

4 (2) ELIGIBLE EMPLOYEE.—

5 (A) IN GENERAL.—The term ‘‘eligible em6 ployee’’ means any ‘‘employee’’, as defined in

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

8 1938 (29 U.S.C. 203(e)), who has been em9 ployed—

10 (i) for at least 12 months by the em11 ployer with respect to whom leave is re12 quested under section 102; and

13 (ii) for at least 1,500 hours of service

14 with such employer during the previous 12-

15 month period.

16 (B) EXCLUSIONS.—The term ‘‘eligible em17 ployee’’ does not include—

18 (i) any Federal officer or employee

19 covered under subchapter V of chapter 63

20 of title 5, United States Code (as added by

21 title II of this Act); or

22 (ii) any employee of an employer who

23 is employed at a worksite at which such

24 employer employs less than 100 employees

25 if the total number of employees employed
6

•HR 680 IH

1 by that employer within 75 miles of that

2 worksite is less than 100.

3 (C) DETERMINATION.—For purposes of

4 determining whether an employee meets the

5 hours of service requirement specified in sub6 paragraph (A)(ii), the legal standards estab7 lished under section 7 of the Fair Labor Stand8 ards Act of 1938 (29 U.S.C. 207) shall apply.

9 (3) EMPLOY; STATE.—The terms ‘‘employ’’ and

10 ‘‘State’’ have the same meanings given such terms

11 in subsections (g) and (c), respectively, of section 3

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

13 203 (g) and (c)).

14 (4) EMPLOYEE.—The term ‘‘employee’’ means

15 any individual employed by an employer.

16 (5) EMPLOYER.—

17 (A) IN GENERAL.—The term ‘‘em18 ployer’’—

19 (i) means any person engaged in com20 merce or in any industry or activity affect21 ing commerce who employs 100 or more

22 employees for each working day during

23 each of 20 or more calendar workweeks in

24 the current or preceding calendar year;

25 (ii) includes—
7

•HR 680 IH

1 (I) any person who acts, directly

2 or indirectly, in the interest of an em3 ployer to any of the employees of such

4 employer; and

5 (II) any successor in interest of

6 an employer; and

7 (iii) includes any ‘‘public agency’’, as

8 defined in section 3(x) of the Fair Labor

9 Standards Act of 1938 (29 U.S.C. 203(x)).

10 (B) PUBLIC AGENCY.—For purposes of

11 subparagraph (A)(iii), a public agency shall be

12 considered to be a person engaged in commerce

13 or in an industry or activity affecting com14 merce.

15 (6) EMPLOYMENT BENEFITS.—The term ‘‘em16 ployment benefits’’ means all benefits provided or

17 made available to employees by an employer, includ18 ing group life insurance, health insurance, disability

19 insurance, sick leave, annual leave, educational bene20 fits, and pensions, regardless of whether such bene21 fits are provided by a practice or written policy of

22 an employer or through an ‘‘employee benefit plan’’,

23 as defined in section 3(3) of the Employee Retire24 ment Income Security Act of 1974 (29 U.S.C.

25 1002(3)).
8

•HR 680 IH

1 (7) HEALTH CARE PROVIDER.—The term

2 ‘‘health care provider’’ means—

3 (A) a doctor of medicine or osteopathy who

4 is authorized to practice medicine or surgery

5 (as appropriate) by the State in which the doc6 tor practices; or

7 (B) any other person determined by the

8 Secretary to be capable of providing health care

9 services.

10 (8) PARENT.—The term ‘‘parent’’ means the

11 biological parent of an employee or an individual

12 who stood in loco parentis to an employee when the

13 employee was a son or daughter.

14 (9) PERSON.—The term ‘‘person’’ has the same

15 meaning given such term in section 3(a) of the Fair

16 Labor Standards Act of 1938 (29 U.S.C. 203(a)).

17 (10) REDUCED LEAVE SCHEDULE.—The term

18 ‘‘reduced leave schedule’’ means leave that reduces

19 the usual number of hours per workweek, or hours

20 per workday, of an employee.

21 (11) SECRETARY.—The term ‘‘Secretary’’

22 means the Secretary of Labor.

23 (12) SERIOUS HEALTH CONDITION.—The term

24 ‘‘serious health condition’’ means an illness, injury,
9

•HR 680 IH

1 impairment, or physical or mental condition that in2 volves—

3 (A) inpatient care in a hospital, hospice, or

4 residential medical care facility; or

5 (B) continuing treatment by a health care

6 provider.

7 (13) SON OR DAUGHTER.—The term ‘‘son or

8 daughter’’ means a biological, adopted, or foster

9 child, a stepchild, a legal ward, or a child of a per10 son standing in loco parentis, who is—

11 (A) under 18 years of age; or

12 (B) 18 years of age or older and incapable

13 of self-care because of a mental or physical dis14 ability.

15 SEC. 102. LEAVE REQUIREMENT.

16 (a) IN GENERAL.—

17 (1) ENTITLEMENT TO LEAVE.—Subject to sec18 tion 103, an eligible employee shall be entitled to a

19 total of 12 workweeks of leave during any 12-month

20 period for one or more of the following:

21 (A) Because of the birth of a son or

22 daughter of the employee and in order to care

23 for such son or daughter.
10

•HR 680 IH

1 (B) Because of the placement of a son or

2 daughter with the employee for adoption or fos3 ter care.

4 (C) In order to care for the spouse, or a

5 son, daughter, or parent, of the employee, if

6 such spouse, son, daughter, or parent has a se7 rious health condition.

8 (D) Because of a serious health condition

9 that makes the employee unable to perform the

10 functions of the position of such employee.

11 (2) EXPIRATION OF ENTITLEMENT.—The enti12 tlement to leave under subparagraphs (A) and (B)

13 of paragraph (1) for a birth or placement of a son

14 or daughter shall expire at the end of the 12-month

15 period beginning on the date of such birth or place16 ment.

17 (3) INTERMITTENT LEAVE.—

18 (A) IN GENERAL.—Leave under subpara19 graph (A) or (B) of paragraph (1) shall not be

20 taken by an employee intermittently unless the

21 employee and the employer of the employee

22 agree otherwise. Subject to subparagraph (B),

23 subsection (e), and section 103(b)(5), leave

24 under subparagraph (C) or (D) of paragraph
11

•HR 680 IH

1 (1) may be taken intermittently when medically

2 necessary.

3 (B) ALTERNATIVE POSITION.—If an em4 ployee requests intermittent leave under sub5 paragraph (C) or (D) of paragraph (1) that is

6 foreseeable based on planned medical treat7 ment, the employer may require such employee

8 to transfer temporarily to an available alter9 native position offered by the employer for

10 which the employee is qualified and that—

11 (i) has equivalent pay and benefits;

12 and

13 (ii) better accommodates recurring pe14 riods of leave than the regular employment

15 position of the employee.

16 (b) REDUCED LEAVE.—On agreement between the

17 employer and the employee, leave under subsection (a)

18 may be taken on a reduced leave schedule. Such reduced

19 leave schedule shall not result in a reduction in the total

20 amount of leave to which the employee is entitled under

21 subsection (a).

22 (c) UNPAID LEAVE PERMITTED.—

23 (1) IN GENERAL.—Except as provided in sub24 section (d), leave granted under subsection (a) may

25 consist of unpaid leave.
12

•HR 680 IH

1 (2) FAIR LABOR STANDARDS ACT OF 1938.—

2 (A) IN GENERAL.—Except as provided in

3 subparagraph (B), an employee shall not be dis4 qualified for an exemption under section

5 13(a)(1) of the Fair Labor Standards Act of

6 1938 on the basis that when such employee

7 takes leave under section 102 such employee is

8 subject to a reduction in pay.

9 (B) EXCEPTION.—Subparagraph (A) shall

10 not apply with respect to any employee if—

11 (i) an action was brought in a court

12 involving the application of section

13 13(a)(1) of the Fair Labor Standards Act

14 of 1938 to such employee on the basis of

15 a reduction in pay, and

16 (ii) a final judgment was entered in

17 such action on or before the date of the en18 actment of this Act.

19 (d) RELATIONSHIP TO PAID LEAVE.—

20 (1) UNPAID LEAVE.—If an employer provides

21 paid leave for fewer than 12 workweeks, the addi22 tional weeks of leave necessary to attain the 12

23 workweeks of leave required under this title may be

24 provided without compensation.

25 (2) SUBSTITUTION OF PAID LEAVE.—
13

•HR 680 IH

1 (A) IN GENERAL.—An eligible employee

2 may elect, or an employer may require the em3 ployee, to substitute any of the accrued paid va4 cation leave, personal leave, or family leave of

5 the employee for leave provided under subpara6 graph (A), (B), or (C) of subsection (a)(1) for

7 any part of the 12-week period of such leave

8 under such subsection.

9 (B) SERIOUS HEALTH CONDITION.—An el10 igible employee may elect, or an employer may

11 require the employee, to substitute any of the

12 accrued paid vacation leave, personal leave, or

13 medical or sick leave of the employee for leave

14 provided under subparagraph (C) or (D) of sub15 section (a)(1) for any part of the 12-week pe16 riod of such leave under such subsection, except

17 that nothing in this Act shall require an em18 ployer to provide paid sick leave or paid medical

19 leave in any situation in which such employer

20 would not normally provide any such paid leave.

21 (e) FORESEEABLE LEAVE.—

22 (1) REQUIREMENT OF NOTICE.—In any case in

23 which the necessity for leave under subparagraph

24 (A) or (B) of subsection (a)(1) is foreseeable based

25 on an expected birth or adoption, the employee shall
14

•HR 680 IH

1 provide the employer with not less than 30 days no2 tice, before the date the leave is to begin, of the em3 ployee’s intention to take leave under such subpara4 graph, except that if the date of the birth or adop5 tion requires leave to begin in less than 30 days, the

6 employee shall provide such notice as is practicable.

7 (2) DUTIES OF EMPLOYEE.—In any case in

8 which the necessity for leave under subparagraph

9 (C) or (D) of subsection (a)(1) is foreseeable based

10 on planned medical treatment, the employee—

11 (A) shall make a reasonable effort to

12 schedule the treatment so as not to disrupt un13 duly the operations of the employer, subject to

14 the approval of the health care provider of the

15 employee or the health care provider of the son,

16 daughter, spouse, or parent of the employee;

17 and

18 (B) shall provide the employer with not

19 less than 30 days notice, before the date the

20 leave is to begin, of the employee’s intention to

21 take leave under such subparagraph, except

22 that if the date of the treatment requires leave

23 to begin in less than 30 days, the employee

24 shall provide such notice as is practicable.
15

•HR 680 IH

1 (f) SPOUSES EMPLOYED BY THE SAME EM2 PLOYER.—In any case in which a husband and wife enti3 tled to leave under subsection (a) are employed by the

4 same employer, the aggregate number of workweeks of

5 leave to which both may be entitled may be limited to 12

6 workweeks during any 12-month period, if such leave is

7 taken—

8 (1) under subparagraph (A) or (B) of sub9 section (a)(1); or

10 (2) to care for a sick parent under subpara11 graph (C) of such subsection.

12 SEC. 103. CERTIFICATION.

13 (a) IN GENERAL.—An employer may require that a

14 request for leave under subparagraph (C) or (D) of section

15 102(a)(1) be supported by a certification issued by the

16 health care provider of the eligible employee or of the son,

17 daughter, spouse, or parent of the employee, as appro18 priate. The employee shall provide, in a timely manner,

19 a copy of such certification to the employer.

20 (b) SUFFICIENT CERTIFICATION.—Certification pro21 vided under subsection (a) shall be sufficient if it states—

22 (1) the date on which the serious health condi23 tion commenced;

24 (2) the probable duration of the condition;
16

•HR 680 IH

1 (3) the appropriate medical facts within the

2 knowledge of the health care provider regarding the

3 condition;

4 (4)(A) for purposes of leave under section

5 102(a)(1)(C), a statement that the eligible employee

6 is needed to care for the son, daughter, spouse, or

7 parent and an estimate of the amount of time that

8 such employee is needed to care for the son, daugh9 ter, spouse, or parent; and

10 (B) for purposes of leave under section

11 102(a)(1)(D), a statement that the employee is un12 able to perform the functions of the position of the

13 employee; and

14 (5) in the case of certification for intermittent

15 leave for planned medical treatment, the dates on

16 which such treatment is expected to be given and the

17 duration of such treatment.

18 (c) SECOND OPINION.—

19 (1) IN GENERAL.—In any case in which the em20 ployer has reason to doubt the validity of the certifi21 cation provided under subsection (a) for leave under

22 subparagraph (C) or (D) of section 102(a)(1), the

23 employer may require, at the expense of the em24 ployer, that the eligible employee obtain the opinion

25 of a second health care provider designated or ap-
17

•HR 680 IH

1 proved by the employer concerning any information

2 certified under subsection (b) for such leave.

3 (2) LIMITATION.—A health care provider des4 ignated or approved under paragraph (1) shall not

5 be employed on a regular basis by the employer.

6 (d) RESOLUTION OF CONFLICTING OPINIONS.—

7 (1) IN GENERAL.—In any case in which the

8 second opinion described in subsection (c) differs

9 from the opinion in the original certification pro10 vided under subsection (a), the employer may re11 quire, at the expense of the employer, that the em12 ployee obtain the opinion of a third health care pro13 vider designated or approved jointly by the employer

14 and the employee concerning the information cer15 tified under subsection (b).

16 (2) FINALITY.—The opinion of the third health

17 care provider concerning the information certified

18 under subsection (b) shall be considered to be final

19 and shall be binding on the employer and the em20 ployee.

21 (e) SUBSEQUENT RECERTIFICATION.—The employer

22 may require that the eligible employee obtain subsequent

23 recertifications on a reasonable basis.

24 SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

25 (a) RESTORATION TO POSITION.—
18

•HR 680 IH

1 (1) IN GENERAL.—Any eligible employee who

2 takes leave under section 102 for the intended pur3 pose of the leave shall be entitled, on return from

4 such leave—

5 (A) to be restored by the employer to the

6 position of employment held by the employee

7 when the leave commenced; or

8 (B) to be restored to an equivalent position

9 with equivalent employment benefits, pay, and

10 other terms and conditions of employment.

11 (2) LOSS OF BENEFITS.—The taking of leave

12 under section 102 shall not result in the loss of any

13 employment benefit accrued prior to the date on

14 which the leave commenced.

15 (3) LIMITATIONS.—Nothing in this section shall

16 be construed to entitle any restored employee to—

17 (A) the accrual of any seniority or employ18 ment benefits during any period of leave; or

19 (B) any right, benefit, or position of em20 ployment other than any right, benefit, or posi21 tion to which the employee would have been en22 titled had the employee not taken the leave.

23 (4) CERTIFICATION.—As a condition of restora24 tion under paragraph (1), the employer may have a

25 uniformly applied practice or policy that requires
19

•HR 680 IH

1 each employee to receive certification from the

2 health care provider of the employee that the em3 ployee is able to resume work, except that nothing

4 in this paragraph shall supersede a valid State or

5 local law or a collective bargaining agreement that

6 governs the return to work of employees taking leave

7 under section 102(a)(1)(D).

8 (5) CONSTRUCTION.—Nothing in this sub9 section shall be construed to prohibit an employer

10 from requiring an employee on leave under section

11 102 to report periodically to the employer on the

12 status and intention of the employee to return to

13 work.

14 (b) EXEMPTION CONCERNING CERTAIN HIGHLY

15 COMPENSATED EMPLOYEES.—

16 (1) DENIAL OF RESTORATION.—An employer

17 may deny restoration under subsection (a) to any el18 igible employee described in paragraph (2) if—

19 (A) such denial is necessary to prevent

20 substantial and grievous economic injury to the

21 operations of the employer;

22 (B) the employer notifies the employee of

23 the intent of the employer to deny restoration

24 on such basis at the time the employer deter25 mines that such injury would occur; and
20

•HR 680 IH

1 (C) in any case in which the leave has

2 commenced, the employee elects not to return

3 to employment after receiving such notice.

4 (2) AFFECTED EMPLOYEES.—An eligible em5 ployee described in paragraph (1) is a salaried eligi6 ble employee who is among the highest paid 10 per7 cent of the employees employed by the employer

8 within 75 miles of the facility at which the employee

9 is employed.

10 (c) MAINTENANCE OF HEALTH BENEFITS.—

11 (1) COVERAGE.—Except as provided in para12 graph (2), during any period that an eligible em13 ployee takes leave under section 102, the employer

14 shall maintain coverage under any ‘‘group health

15 plan’’ (as defined in section 5000(b)(1) of the Inter16 nal Revenue Code of 1986) for the duration of such

17 leave at the level and under the conditions coverage

18 would have been provided if the employee had con19 tinued in employment continuously from the date the

20 employee commenced the leave until the date the

21 employee is restored under subsection (a).

22 (2) FAILURE TO RETURN FROM LEAVE.—The

23 employer may recover the premium that the em24 ployer paid for maintaining coverage for the em-
21

•HR 680 IH

1 ployee under such group health plan during any pe2 riod of unpaid leave under section 102 if—

3 (A) the employee fails to return from leave

4 under section 102 after the period of leave to

5 which the employee is entitled has expired; and

6 (B) the employee fails to return to work

7 for a reason other than—

8 (i) the continuation, recurrence, or

9 onset of a serious health condition that en10 titles the employee to leave under subpara11 graph (C) or (D) of section 102(a)(1); or

12 (ii) other circumstances beyond the

13 control of the employee.

14 (3) CERTIFICATION.—

15 (A) ISSUANCE.—An employer may require

16 that a claim that an employee is unable to re17 turn to work because of the continuation, recur18 rence, or onset of the serious health condition

19 described in paragraph (2)(B)(i) be supported

20 by—

21 (i) a certification issued by the health

22 care provider of the eligible employee, in

23 the case of an employee unable to return

24 to work because of a condition specified in

25 section 102(a)(1)(D); or
22

•HR 680 IH

1 (ii) a certification issued by the health

2 care provider of the son, daughter, spouse,

3 or parent of the employee in the case of an

4 employee unable to return to work because

5 of a condition specified in section

6 102(a)(1)(C).

7 (B) COPY.—The employee shall provide, in

8 a timely manner, a copy of such certification to

9 the employer.

10 (C) SUFFICIENCY OF CERTIFICATION.—

11 (i) LEAVE DUE TO SERIOUS HEALTH

12 CONDITION OF EMPLOYEE.—The certifi13 cation described in subparagraph (A)(i)

14 shall be sufficient if the certification states

15 that a serious health condition prevented

16 the employee from being able to perform

17 the functions of the position of the em18 ployee on the date that the leave of the

19 employee expired.

20 (ii) LEAVE DUE TO SERIOUS HEALTH

21 CONDITION OF FAMILY MEMBER.—The

22 certification described in subparagraph

23 (A)(ii) shall be sufficient if the certification

24 states that the employee is needed to care

25 for the son, daughter, spouse, or parent
23

•HR 680 IH

1 who has a serious health condition on the

2 date that the leave of the employee ex3 pired.

4 SEC. 105. PROHIBITED ACTS.

5 (a) INTERFERENCE WITH RIGHTS.—

6 (1) EXERCISE OF RIGHTS.—It shall be unlawful

7 for any employer to interfere with, restrain, or deny

8 the exercise of or the attempt to exercise, any right

9 provided under this title.

10 (2) DISCRIMINATION.—It shall be unlawful for

11 any employer to discharge or in any other manner

12 discriminate against any individual for opposing any

13 practice made unlawful by this title.

14 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR15 IES.—It shall be unlawful for any person to discharge or

16 in any other manner discriminate against any individual

17 because such individual—

18 (1) has filed any charge, or has instituted or

19 caused to be instituted any proceeding, under or re20 lated to this title;

21 (2) has given, or is about to give, any informa22 tion in connection with any inquiry or proceeding re23 lating to any right provided under this title; or
24

•HR 680 IH

1 (3) has testified, or is about to testify, in any

2 inquiry or proceeding relating to any right provided

3 under this title.

4 SEC. 106. INVESTIGATIVE AUTHORITY.

5 (a) IN GENERAL.—To ensure compliance with the

6 provisions of this title, or any regulation or order issued

7 under this title, the Secretary shall have, subject to sub8 section (c), the investigative authority provided under sec9 tion 11(a) of the Fair Labor Standards Act of 1938 (29

10 U.S.C. 211(a)).

11 (b) OBLIGATION TO KEEP AND PRESERVE

12 RECORDS.—Any employer shall keep and preserve records

13 in accordance with section 11(c) of the Fair Labor Stand14 ards Act of 1938 (29 U.S.C. 211(c)) and in accordance

15 with regulations issued by the Secretary.

16 (c) REQUIRED SUBMISSIONS GENERALLY LIMITED

17 TO AN ANNUAL BASIS.—The Secretary shall not under the

18 authority of this section require any employer or any plan,

19 fund, or program to submit to the Secretary any books

20 or records more than once during any 12-month period,

21 unless the Secretary has reasonable cause to believe there

22 may exist a violation of this title or any regulation or order

23 issued pursuant to this title, or is investigating a charge

24 pursuant to section 107(b).
25

•HR 680 IH

1 (d) SUBPOENA POWERS.—For the purposes of any

2 investigation provided for in this section, the Secretary

3 shall have the subpoena authority provided for under sec4 tion 9 of the Fair Labor Standards Act of 1938 (29

5 U.S.C. 209).

6 SEC. 107. ENFORCEMENT.

7 (a) CIVIL ACTION BY EMPLOYEES.—

8 (1) LIABILITY.—Any employer who violates sec9 tion 105 shall be liable to any eligible employee af10 fected—

11 (A) for damages equal to—

12 (i) the amount of—

13 (I) any wages, salary, employ14 ment benefits, or other compensation

15 denied or lost to such employee by

16 reason of the violation; or

17 (II) in a case in which wages,

18 salary, employment benefits, or other

19 compensation have not been denied or

20 lost to the employee, any actual mone21 tary losses sustained by the employee

22 as a direct result of the violation, such

23 as the cost of providing care, up to a

24 sum equal to 12 weeks of wages or

25 salary for the employee;
26

•HR 680 IH

1 (ii) the interest on the amount de2 scribed in clause (i) calculated at the pre3 vailing rate; and

4 (iii) an additional amount as liq5 uidated damages equal to the sum of the

6 amount described in clause (i) and the in7 terest described in clause (ii), except that

8 if an employer who has violated section

9 105 proves to the satisfaction of the court

10 that the act or omission which violated sec11 tion 105 was in good faith and that the

12 employer had reasonable grounds for be13 lieving that the act or omission was not a

14 violation of section 105, such court may, in

15 the discretion of the court, reduce the

16 amount of the liability to the amount and

17 interest determined under clauses (i) and

18 (ii), respectively; and

19 (B) for such equitable relief as may be ap20 propriate, including, without limitation, employ21 ment, reinstatement, and promotion.

22 (2) STANDING.—An action to recover the dam23 ages or equitable relief prescribed in paragraph (1)

24 may be maintained against any employer (including

25 a public agency) in any Federal or State court of
27

•HR 680 IH

1 competent jurisdiction by any one or more employees

2 for and in behalf of—

3 (A) the employees; or

4 (B) the employees and other employees

5 similarly situated.

6 (3) FEES AND COSTS.—The court in such an

7 action shall, in addition to any judgment awarded to

8 the plaintiff, allow a reasonable attorney’s fee, rea9 sonable expert witness fees, and other costs of the

10 action to be paid by the defendant.

11 (4) LIMITATIONS.—The right provided by para12 graph (1) to bring an action by or on behalf of any

13 employee shall terminate, unless such action is dis14 missed without prejudice on motion of the Secretary,

15 on—

16 (A) the filing of a complaint by the Sec17 retary of Labor in an action under subsection

18 (d) in which—

19 (i) restraint is sought of any further

20 delay in the payment of the damages de21 scribed in paragraph (1)(A) to such em22 ployee by an employer liable under para23 graph (1) for the damages; or

24 (ii) equitable relief is sought as a re25 sult of alleged violations of section 105; or
28

•HR 680 IH

1 (B) the filing of a complaint by the Sec2 retary in an action under subsection (b) in

3 which a recovery is sought of the damages de4 scribed in paragraph (1)(A) owing to an eligible

5 employee by an employer liable under para6 graph (1).

7 (b) ACTION BY THE SECRETARY.—

8 (1) ADMINISTRATIVE ACTION.—The Secretary

9 shall receive, investigate, and attempt to resolve

10 complaints of violations of section 105 in the same

11 manner that the Secretary receives, investigates, and

12 attempts to resolve complaints of violations of sec13 tions 6 and 7 of the Fair Labor Standards Act of

14 1938 (29 U.S.C. 206 and 207).

15 (2) CIVIL ACTION.—The Secretary may bring

16 an action in any court of competent jurisdiction to

17 recover on behalf of an eligible employee the dam18 ages described in subsection (a)(1)(A).

19 (3) SUMS RECOVERED.—Any sums recovered by

20 the Secretary on behalf of an employee pursuant to

21 paragraph (2) shall be held in a special deposit ac22 count and shall be paid, on order of the Secretary,

23 directly to each employee affected. Any such sums

24 not paid to an employee because of inability to do

25 so within a period of 3 years shall be deposited into
29

•HR 680 IH

1 the Treasury of the United States as miscellaneous

2 receipts.

3 (c) LIMITATION.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), an action may be brought under sub6 section (a) or (b) not later than 2 years after the

7 date of the last event constituting the alleged viola8 tion for which the action is brought.

9 (2) WILLFUL VIOLATION.—In the case of such

10 action brought for a willful violation of section 105,

11 such action may be brought within 3 years of the

12 date of the last event constituting the alleged viola13 tion for which such action is brought.

14 (3) COMMENCEMENT.—In determining when an

15 action is commenced by the Secretary under sub16 section (b) for the purposes of this subsection, it

17 shall be considered to be commenced on the date

18 when the complaint is filed.

19 (d) ACTION FOR INJUNCTION BY SECRETARY.—The

20 district courts of the United States shall have jurisdiction,

21 for cause shown, over an action brought by the Secretary

22 to restrain violations of section 105, including actions to

23 restrain the withholding of payment of wages, salary, em24 ployment benefits, or other compensation, plus interest,

25 found by the court to be due to eligible employees.
30

•HR 680 IH

1 SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF

2 LOCAL EDUCATIONAL AGENCIES.

3 (a) APPLICATION.—

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this section, the rights (including the rights

6 under section 104, which shall extend throughout

7 the period of leave of any employee under this sec8 tion), remedies, and procedures under this Act shall

9 apply to—

10 (A) any ‘‘local educational agency’’ (as de11 fined in section 1471(12) of the Elementary

12 and Secondary Education Act of 1965 (20

13 U.S.C. 2891(12))) and an eligible employee of

14 the agency; and

15 (B) any private elementary and secondary

16 school and an eligible employee of the school.

17 (2) DEFINITIONS.—For purposes of the appli18 cation described in paragraph (1):

19 (A) ELIGIBLE EMPLOYEE.—The term ‘‘eli20 gible employee’’ means an eligible employee of

21 an agency or school described in paragraph (1);

22 and

23 (B) EMPLOYER.—The term ‘‘employer’’

24 means an agency or school described in para25 graph (1).
31

•HR 680 IH

1 (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER

2 FEDERAL LAWS.—A local educational agency and a pri3 vate elementary and secondary school shall not be in viola4 tion of the Individuals with Disabilities Education Act (20

5 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act

6 of 1973 (29 U.S.C. 794), or title VI of the Civil Rights

7 Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result

8 of an eligible employee of such agency or school exercising

9 the rights of such employee under this Act.

10 (c) INTERMITTENT LEAVE FOR INSTRUCTIONAL EM11 PLOYEES.—

12 (1) IN GENERAL.—Subject to paragraph (2), in

13 any case in which an eligible employee employed

14 principally in an instructional capacity by any such

15 educational agency or school requests leave under

16 subparagraph (C) or (D) of section 102(a)(1) that

17 is foreseeable based on planned medical treatment

18 and the employee would be on leave for greater than

19 20 percent of the total number of working days in

20 the period during which the leave would extend, the

21 agency or school may require that such employee

22 elect either—

23 (A) to take leave for periods of a particular

24 duration, not to exceed the duration of the

25 planned medical treatment; or
32

•HR 680 IH

1 (B) to transfer temporarily to an available

2 alternative position offered by the employer for

3 which the employee is qualified, and that—

4 (i) has equivalent pay and benefits;

5 and

6 (ii) better accommodates recurring pe7 riods of leave than the regular employment

8 position of the employee.

9 (2) APPLICATION.—The elections described in

10 subparagraphs (A) and (B) of paragraph (1) shall

11 apply only with respect to an eligible employee who

12 complies with section 102(e)(2).

13 (d) RULES APPLICABLE TO PERIODS NEAR THE

14 CONCLUSION OF AN ACADEMIC TERM.—The following

15 rules shall apply with respect to periods of leave near the

16 conclusion of an academic term in the case of any eligible

17 employee employed principally in an instructional capacity

18 by any such educational agency or school:

19 (1) LEAVE MORE THAN 5 WEEKS PRIOR TO END

20 OF TERM.—If the eligible employee begins leave

21 under section 102 more than 5 weeks prior to the

22 end of the academic term, the agency or school may

23 require the employee to continue taking leave until

24 the end of such term, if—
33

•HR 680 IH

1 (A) the leave is of at least 3 weeks dura2 tion; and

3 (B) the return to employment would occur

4 during the 3-week period before the end of such

5 term.

6 (2) LEAVE LESS THAN 5 WEEKS PRIOR TO END

7 OF TERM.—If the eligible employee begins leave

8 under subparagraph (A), (B), or (C) of section

9 102(a)(1) during the period that commences 5 weeks

10 prior to the end of the academic term, the agency

11 or school may require the employee to continue tak12 ing leave until the end of such term, if—

13 (A) the leave is of greater than 2 weeks

14 duration; and

15 (B) the return to employment would occur

16 during the 2-week period before the end of such

17 term.

18 (3) LEAVE LESS THAN 3 WEEKS PRIOR TO END

19 OF TERM.—If the eligible employee begins leave

20 under paragraph (A), (B), or (C) of section

21 102(a)(1) during the period that commences 3 weeks

22 prior to the end of the academic term and the dura23 tion of the leave is greater than 5 working days, the

24 agency or school may require the employee to con25 tinue to take leave until the end of such term.
34

•HR 680 IH

1 (e) RESTORATION TO EQUIVALENT EMPLOYMENT

2 POSITION.—For purposes of determinations under section

3 104(a)(1)(B) (relating to the restoration of an eligible em4 ployee to an equivalent position), in the case of a local

5 educational agency or a private elementary and secondary

6 school, such determination shall be made on the basis of

7 established school board policies and practices, private

8 school policies and practices, and collective bargaining

9 agreements.

10 (f) REDUCTION OF THE AMOUNT OF LIABILITY.—If

11 a local educational agency or a private elementary and sec12 ondary school that has violated title I proves to the satis13 faction of the administrative law judge or the court that

14 the agency, school, or department had reasonable grounds

15 for believing that the underlying act or omission was not

16 a violation of such title, such judge or court may, in the

17 discretion of the judge or court, reduce the amount of the

18 liability provided for under section 107(a)(1)(A) to the

19 amount and interest determined under clauses (i) and (ii),

20 respectively, of such section.

21 SEC. 109. NOTICE.

22 (a) IN GENERAL.—Each employer shall post and

23 keep posted, in conspicuous places on the premises of the

24 employer where notices to employees and applicants for

25 employment are customarily posted, a notice, to be pre-
35

•HR 680 IH

1 pared or approved by the Secretary, setting forth excerpts

2 from, or summaries of, the pertinent provisions of this

3 title and information pertaining to the filing of a charge.

4 (b) PENALTY.—Any employer that willfully violates

5 this section shall be assessed a civil money penalty not

6 to exceed $100 for each separate offense.

7 SEC. 110. REGULATIONS.

8 Not later than 60 days after the date of enactment

9 of this title, the Secretary shall prescribe such regulations

10 as are necessary to carry out this title.

11 TITLE II—LEAVE FOR CIVIL

12 SERVICE EMPLOYEES

13 SEC. 201. LEAVE REQUIREMENT.

14 (a) CIVIL SERVICE EMPLOYEES.—

15 (1) IN GENERAL.—Chapter 63 of title 5, United

16 States Code, is amended by adding at the end the

17 following new subchapter:

18 ‘‘SUBCHAPTER V—FAMILY AND MEDICAL

19 LEAVE

20 ‘‘§ 6381. Definitions

21 ‘‘For the purpose of this subchapter—

22 ‘‘(1) the term ‘employee’ means an individual

23 who has been employed for at least 12 months on

24 other than a temporary or intermittent basis—
36

•HR 680 IH

1 ‘‘(A) as an employee as defined by section

2 6301(2) (excluding an individual employed by

3 the Government of the District of Columbia); or

4 ‘‘(B) in a position referred to in clause (v)

5 or (ix) of such section;

6 ‘‘(2) the term ‘health care provider’ means—

7 ‘‘(A) a doctor of medicine or osteopathy

8 who is authorized to practice medicine or sur9 gery (as appropriate) by the State in which the

10 doctor practices; and

11 ‘‘(B) any other person determined by the

12 Director of the Office of Personnel Management

13 to be capable of providing health care services;

14 ‘‘(3) the term ‘parent’ means the biological par15 ent of an employee, or an individual who stood in

16 loco parentis to an employee, when the employee was

17 a son or daughter;

18 ‘‘(4) the term ‘reduced leave schedule’ means

19 leave that reduces the usual number of hours per

20 workweek, or hours per workday, of an employee;

21 ‘‘(5) the term ‘serious health condition’ means

22 an illness, injury, impairment, or physical or mental

23 condition that involves—

24 ‘‘(A) inpatient care in a hospital, hospice,

25 or residential medical care facility; or
37

•HR 680 IH

1 ‘‘(B) continuing treatment by a health care

2 provider; and

3 ‘‘(6) the term ‘son or daughter’ means a bio4 logical, adopted, or foster child, a stepchild, a legal

5 ward, or a child of a person standing in loco

6 parentis, who is—

7 ‘‘(A) under 18 years of age; or

8 ‘‘(B) 18 years of age or older and incapa9 ble of self-care because of a mental or physical

10 disability.

11 ‘‘§ 6382. Leave requirement

12 ‘‘(a)(1) An employee shall be entitled, subject to sec13 tion 6383, to a total of 12 administrative workweeks of

14 leave during any 12-month period for one or more of the

15 following:

16 ‘‘(A) Because of the birth of a son or daughter

17 of the employee and in order to care for such son

18 or daughter.

19 ‘‘(B) Because of the placement of a son or

20 daughter with the employee for adoption or foster

21 care.

22 ‘‘(C) In order to care for the spouse, or a son,

23 daughter, or parent, of the employee, if such spouse,

24 son, daughter, or parent has a serious health condi25 tion.
38

•HR 680 IH

1 ‘‘(D) Because of a serious health condition that

2 makes the employee unable to perform the functions

3 of the employee’s position.

4 ‘‘(2) The entitlement to leave under subparagraph

5 (A) or (B) of paragraph (1) based on the birth or place6 ment of a son or daughter shall expire at the end of the

7 12-month period beginning on the date of such birth or

8 placement.

9 ‘‘(3)(A) Leave under subparagraph (A) or (B) of

10 paragraph (1) shall not be taken by an employee intermit11 tently unless the employee and the employing agency of

12 the employee agree otherwise. Subject to subparagraph

13 (B), subsection (e), and section 6383(b)(5), leave under

14 subparagraph (C) or (D) of paragraph (1) may be taken

15 intermittently when medically necessary.

16 ‘‘(B) If an employee requests intermittent leave under

17 subparagraph (C) or (D) of paragraph (1) that is foresee18 able based on planned medical treatment, the employing

19 agency may require such employee to transfer temporarily

20 to an available alternative position offered by the employ21 ing agency for which the employee is qualified and that—

22 ‘‘(i) has equivalent pay and benefits; and

23 ‘‘(ii) better accommodates recurring periods of

24 leave than the regular employment position of the

25 employee.
39

•HR 680 IH

1 ‘‘(b) On agreement between the employing agency

2 and the employee, leave under subsection (a) may be taken

3 on a reduced leave schedule. In the case of an employee

4 on a reduced leave schedule, any hours of leave taken by

5 such employee under such schedule shall be subtracted

6 from the total amount of leave remaining available to such

7 employee under subsection (a), for purposes of the 12-

8 month period involved, on an hour-for-hour basis.

9 ‘‘(c) Except as provided in subsection (d), leave

10 granted under subsection (a) shall be leave without pay.

11 ‘‘(d) An employee may elect to substitute for leave

12 under subparagraph (A), (B), (C), or (D) of subsection

13 (a)(1) any of the employee’s accrued or accumulated an14 nual or sick leave under subchapter I for any part of the

15 12-week period of leave under such subparagraph, except

16 that nothing in this subchapter shall require an employing

17 agency to provide paid sick leave in any situation in which

18 such employing agency would not normally provide any

19 such paid leave.

20 ‘‘(e)(1) In any case in which the necessity for leave

21 under subparagraph (A) or (B) of subsection (a)(1) is

22 foreseeable based on an expected birth or placement, the

23 employee shall provide the employing agency with not less

24 than 30 days’ notice, before the date the leave is to begin,

25 of the employee’s intention to take leave under such sub-
40

•HR 680 IH

1 paragraph, except that if the date of the birth or adoption

2 requires leave to begin in less than 30 days, the employee

3 shall provide such notice as is practicable.

4 ‘‘(2) In any case in which the necessity for leave

5 under subparagraph (C) or (D) of subsection (a)(1) is

6 foreseeable based on planned medical treatment, the em7 ployee—

8 ‘‘(A) shall make a reasonable effort to schedule

9 the treatment so as not to disrupt unduly the oper10 ations of the employing agency, subject to the ap11 proval of the health care provider of the employee or

12 the health care provider of the son, daughter,

13 spouse, or parent of the employee; and

14 ‘‘(B) shall provide the employing agency with

15 not less than 30 days’ notice, before the date the

16 leave is to begin, of the employee’s intention to take

17 leave under such subparagraph, except that if the

18 date of the treatment requires leave to begin in less

19 than 30 days, the employee shall provide such notice

20 as is practicable.

21 ‘‘§ 6383. Certification

22 ‘‘(a) An employing agency may require that a request

23 for leave under subparagraph (C) or (D) of section

24 6382(a)(1) be supported by certification issued by the

25 health care provider of the employee or of the son, daugh-
41

•HR 680 IH

1 ter, spouse, or parent of the employee, as appropriate. The

2 employee shall provide, in a timely manner, a copy of such

3 certification to the employing agency.

4 ‘‘(b) A certification provided under subsection (a)

5 shall be sufficient if it states—

6 ‘‘(1) the date on which the serious health condi7 tion commenced;

8 ‘‘(2) the probable duration of the condition;

9 ‘‘(3) the appropriate medical facts within the

10 knowledge of the health care provider regarding the

11 condition;

12 ‘‘(4)(A) for purposes of leave under section

13 6382(a)(1)(C), a statement that the employee is

14 needed to care for the son, daughter, spouse, or par15 ent, and an estimate of the amount of time that

16 such employee is needed to care for such son, daugh17 ter, spouse, or parent; and

18 ‘‘(B) for purposes of leave under section

19 6382(a)(1)(D), a statement that the employee is un20 able to perform the functions of the position of the

21 employee; and

22 ‘‘(5) in the case of certification for intermittent

23 leave for planned medical treatment, the dates on

24 which such treatment is expected to be given and the

25 duration of such treatment.
42

•HR 680 IH

1 ‘‘(c)(1) In any case in which the employing agency

2 has reason to doubt the validity of the certification pro3 vided under subsection (a) for leave under subparagraph

4 (C) or (D) of section 6382(a)(1), the employing agency

5 may require, at the expense of the agency, that the em6 ployee obtain the opinion of a second health care provider

7 designated or approved by the employing agency concern8 ing any information certified under subsection (b) for such

9 leave.

10 ‘‘(2) Any health care provider designated or approved

11 under paragraph (1) shall not be employed on a regular

12 basis by the employing agency.

13 ‘‘(d)(1) In any case in which the second opinion de14 scribed in subsection (c) differs from the original certifi15 cation provided under subsection (a), the employing agen16 cy may require, at the expense of the agency, that the em17 ployee obtain the opinion of a third health care provider

18 designated or approved jointly by the employing agency

19 and the employee concerning the information certified

20 under subsection (b).

21 ‘‘(2) The opinion of the third health care provider

22 concerning the information certified under subsection (b)

23 shall be considered to be final and shall be binding on the

24 employing agency and the employee.
43

•HR 680 IH

1 ‘‘(e) The employing agency may require, at the ex2 pense of the agency, that the employee obtain subsequent

3 recertifications on a reasonable basis.

4 ‘‘§ 6384. Employment and benefits protection

5 ‘‘(a) Any employee who takes leave under section

6 6382 for the intended purpose of the leave shall be enti7 tled, upon return from such leave—

8 ‘‘(1) to be restored by the employing agency to

9 the position held by the employee when the leave

10 commenced; or

11 ‘‘(2) to be restored to an equivalent position

12 with equivalent benefits, pay, status, and other

13 terms and conditions of employment.

14 ‘‘(b) The taking of leave under section 6382 shall not

15 result in the loss of any employment benefit accrued prior

16 to the date on which the leave commenced.

17 ‘‘(c) Except as otherwise provided by or under law,

18 nothing in this section shall be construed to entitle any

19 restored employee to—

20 ‘‘(1) the accrual of any seniority or employment

21 benefits during any period of leave; or

22 ‘‘(2) any right, benefit, or position of employ23 ment other than any right, benefit, or position to

24 which the employee would have been entitled had the

25 employee not taken the leave.
44

•HR 680 IH

1 ‘‘(d) As a condition to restoration under subsection

2 (a), the employing agency may have a uniformly applied

3 practice or policy that requires each employee to receive

4 certification from the health care provider of the employee

5 that the employee is able to resume work.

6 ‘‘(e) Nothing in this section shall be construed to pro7 hibit an employing agency from requiring an employee on

8 leave under section 6382 to report periodically to the em9 ploying agency on the status and intention of the employee

10 to return to work.

11 ‘‘§ 6385. Prohibition of coercion

12 ‘‘(a) An employee shall not directly or indirectly in13 timidate, threaten, or coerce, or attempt to intimidate,

14 threaten, or coerce, any other employee for the purpose

15 of interfering with the exercise of the rights of the em16 ployee under this subchapter.

17 ‘‘(b) For the purpose of this section, ‘intimidate,

18 threaten, or coerce’ includes promising to confer or confer19 ring any benefit (such as appointment, promotion, or com20 pensation), or taking or threatening to take any reprisal

21 (such as deprivation of appointment, promotion, or com22 pensation).

23 ‘‘§ 6386. Health insurance

24 ‘‘An employee enrolled in a health benefits plan under

25 chapter 89 who is placed in a leave status under section
45

•HR 680 IH

1 6382 may elect to continue the health benefits enrollment

2 of the employee while in such leave status and arrange

3 to pay currently into the Employees Health Benefits Fund

4 (described in section 8909), the appropriate employee con5 tributions.

6 ‘‘§ 6387. Regulations

7 ‘‘The Office of Personnel Management shall prescribe

8 regulations necessary for the administration of this sub9 chapter. The regulations prescribed under this subchapter

10 shall be consistent with the regulations prescribed by the

11 Secretary of Labor under title I of the Family and Medical

12 Leave Act of 1993.’’.

13 (2) TABLE OF CONTENTS.—The table of con14 tents for chapter 63 of title 5, United States Code,

15 is amended by adding at the end the following:

‘‘SUBCHAPTER V—FAMILY AND MEDICAL LEAVE

‘‘6381. Definitions.

‘‘6382. Leave requirement.

‘‘6383. Certification.

‘‘6384. Employment and benefits protection.

‘‘6385. Prohibition of coercion.

‘‘6386. Health insurance.

‘‘6387. Regulations.’’.

16 (b) EMPLOYEES PAID FROM NONAPPROPRIATED

17 FUNDS.—Section 2105(c)(1) of title 5, United States

18 Code, is amended—

19 (1) by striking ‘‘or’’ at the end of subparagraph

20 (C); and
46

•HR 680 IH

1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(E) subchapter V of chapter 63, which

4 shall be applied so as to construe references to

5 benefit programs to refer to applicable pro6 grams for employees paid from nonappropriated

7 funds; or’’.

8 TITLE III—COMMISSION ON

9 LEAVE

10 SEC. 301. ESTABLISHMENT.

11 There is established a commission to be known as the

12 Commission on Leave (hereinafter referred to in this title

13 as the ‘‘Commission’’).

14 SEC. 302. DUTIES.

15 The Commission shall—

16 (1) conduct a comprehensive study of—

17 (A) existing and proposed policies relating

18 to leave;

19 (B) the potential costs, benefits, and im20 pact on productivity of such policies on employ21 ers; and

22 (C) alternative and equivalent State en23 forcement of this Act with respect to employees

24 described in section 108(a); and
47

•HR 680 IH

1 (2) not later than 2 years after the date on

2 which the Commission first meets, prepare and sub3 mit, to the appropriate Committees of Congress, a

4 report concerning the subjects listed in paragraph

5 (1).

6 SEC. 303. MEMBERSHIP.

7 (a) COMPOSITION.—

8 (1) APPOINTMENTS.—The Commission shall be

9 composed of 12 voting members and 2 ex officio

10 members to be appointed not later than 60 days

11 after the date of the enactment of this Act as fol12 lows:

13 (A) SENATORS.—One Senator shall be ap14 pointed by the Majority Leader of the Senate,

15 and one Senator shall be appointed by the Mi16 nority Leader of the Senate.

17 (B) MEMBERS OF HOUSE OF REPRESENTA18 TIVES.—One Member of the House of Rep19 resentatives shall be appointed by the Speaker

20 of the House of Representatives, and one Mem21 ber of the House of Representatives shall be ap22 pointed by the Minority Leader of the House of

23 Representatives.

24 (C) ADDITIONAL MEMBERS.—
48

•HR 680 IH

1 (i) APPOINTMENT.—Two Members

2 each shall be appointed by—

3 (I) the Speaker of the House of

4 Representatives;

5 (II) the Majority Leader of the

6 Senate;

7 (III) the Minority Leader of the

8 House of Representatives; and

9 (IV) the Minority Leader of the

10 Senate.

11 (ii) EXPERTISE.—Such members shall

12 be appointed by virtue of demonstrated ex13 pertise in relevant family, temporary dis14 ability, and labor-management issues and

15 shall include representatives of employers.

16 (2) EX OFFICIO MEMBERS.—The Secretary of

17 Health and Human Services and the Secretary of

18 Labor shall serve on the Commission as nonvoting

19 ex officio members.

20 (b) VACANCIES.—Any vacancy on the Commission

21 shall be filled in the manner in which the original appoint22 ment was made. The vacancy shall not affect the power

23 of the remaining members to execute the duties of the

24 Commission.
49

•HR 680 IH

1 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The

2 Commission shall elect a chairperson and a vice chair3 person from among the members of the Commission.

4 (d) QUORUM.—Eight members of the Commission

5 shall constitute a quorum for all purposes, except that a

6 lesser number may constitute a quorum for the purpose

7 of holding hearings.

8 SEC. 304. COMPENSATION.

9 (a) PAY.—Members of the Commission shall serve

10 without compensation.

11 (b) TRAVEL EXPENSES.—Members of the Commis12 sion shall be allowed reasonable travel expenses, including

13 a per diem allowance, in accordance with section 5703 of

14 title 5, United States Code, when performing duties of the

15 Commission.

16 SEC. 305. POWERS.

17 (a) MEETINGS.—The Commission shall first meet not

18 later than 30 days after the date on which all members

19 are appointed, and the Commission shall meet thereafter

20 on the call of the chairperson or a majority of the mem21 bers.

22 (b) HEARINGS AND SESSIONS.—The Commission

23 may hold such hearings, sit and act at such times and

24 places, take such testimony, and receive such evidence as

25 the Commission considers appropriate. The Commission
50

•HR 680 IH

1 may administer oaths or affirmations to witnesses appear2 ing before it.

3 (c) ACCESS TO INFORMATION.—The Commission

4 may secure directly from any Federal agency information

5 necessary to enable it to carry out this Act, if the informa6 tion may be disclosed under section 552 of title 5, United

7 States Code. Subject to the previous sentence, on the re8 quest of the chairperson or vice chairperson of the Com9 mission, the head of such agency shall furnish such infor10 mation to the Commission.

11 (d) EXECUTIVE DIRECTOR.—The Commission may

12 appoint an Executive Director from the personnel of any

13 Federal agency to assist the Commission in carrying out

14 the duties of the Commission. Any appointment shall not

15 interrupt or otherwise affect the civil service status or

16 privileges of the employee appointed.

17 (e) USE OF FACILITIES AND SERVICES.—Upon the

18 request of the Commission, the head of any Federal agen19 cy may make available to the Commission any of the facili20 ties and services of such agency.

21 (f) PERSONNEL FROM OTHER AGENCIES.—On the

22 request of the Commission, the head of any Federal agen23 cy may detail any of the personnel of such agency to assist

24 the Commission in carrying out the duties of the Commis-
51

•HR 680 IH

1 sion. Any detail shall not interrupt or otherwise affect the

2 civil service status or privileges of the Federal employee.

3 (g) VOLUNTARY SERVICE.—Notwithstanding section

4 1342 of title 31, United States Code, the chairperson of

5 the Commission may accept for the Commission voluntary

6 services provided by a member of the Commission.

7 SEC. 306. TERMINATION.

8 The Commission shall terminate 30 days after the

9 date of the submission of the report of the Commission

10 to Congress.

11 TITLE IV—MISCELLANEOUS

12 PROVISIONS

13 SEC. 401. EFFECT ON OTHER LAWS.

14 (a) FEDERAL AND STATE ANTI-DISCRIMINATION

15 LAWS.—Nothing in this Act or any amendment made by

16 this Act shall be construed to modify or affect any Federal

17 or State law prohibiting discrimination on the basis of

18 race, religion, color, national origin, sex, age, or disability.

19 (b) STATE AND LOCAL LAWS.—Nothing in this Act

20 or any amendment made by this Act shall be construed

21 to supersede any provision of any State and local law that

22 provides greater employee leave rights than the rights es23 tablished under this Act or any amendment made by this

24 Act.
52

•HR 680 IH

1 SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

2 (a) MORE PROTECTIVE.—Nothing in this Act or any

3 amendment made by this Act shall be construed to dimin4 ish the obligation of an employer to comply with any col5 lective bargaining agreement or any employment benefit

6 program or plan that provides greater family and medical

7 leave rights to employees than the rights provided under

8 this Act or any amendment made by this Act.

9 (b) LESS PROTECTIVE.—The rights provided to em10 ployees under this Act or any amendment made by this

11 Act shall not be diminished by any collective bargaining

12 agreement or any employment benefit program or plan.

13 SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE

14 POLICIES.

15 Nothing in this Act or any amendment made by this

16 Act shall be construed to discourage employers from

17 adopting or retaining leave policies more generous than

18 any policies that comply with the requirements under this

19 Act or any amendment made by this Act.

20 SEC. 404. REGULATIONS.

21 The Secretary of Labor shall prescribe such regula22 tions as are necessary to carry out sections 401 through

23 403 not later than 60 days after the date of the enactment

24 of this Act.
53

•HR 680 IH

1 SEC. 405. EFFECTIVE DATES.

2 (a) TITLE III.—Title III shall take effect on the date

3 of the enactment of this Act.

4 (b) OTHER TITLES.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), titles I, II, and V and this title shall take

7 effect 6 months after the date of the enactment of

8 this Act.

9 (2) COLLECTIVE BARGAINING AGREEMENTS.—

10 In the case of a collective bargaining agreement in

11 effect on the effective date prescribed by paragraph

12 (1), title I shall apply on the earlier of—

13 (A) the date of the termination of such

14 agreement; or

15 (B) the date that occurs 12 months after

16 the date of the enactment of this Act.

17 TITLE V—COVERAGE OF

18 CONGRESSIONAL EMPLOYEES

19 SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.

20 (a) COVERAGE.—The rights and protections estab21 lished under sections 101 through 105 shall apply with

22 respect to a Senate employee and an employing office. For

23 purposes of such application, the term ‘‘eligible employee’’

24 means a Senate employee and the term ‘‘employer’’ means

25 an employing office.

26 (b) CONSIDERATION OF ALLEGATIONS.—
54

•HR 680 IH

1 (1) APPLICABLE PROVISIONS.—The provisions

2 of sections 304 through 313 of the Government Em3 ployee Rights Act of 1991 (2 U.S.C. 1204–1213)

4 shall, except as provided in subsections (d) and (e)—

5 (A) apply with respect to an allegation of

6 a violation of a provision of sections 101

7 through 105, with respect to Senate employ8 ment of a Senate employee; and

9 (B) apply to such an allegation in the

10 same manner and to the same extent as such

11 sections of the Government Employee Rights

12 Act of 1991 apply with respect to an allegation

13 of a violation under such Act.

14 (2) ENTITY.—Such an allegation shall be ad15 dressed by the Office of Senate Fair Employment

16 Practices or such other entity as the Senate may

17 designate.

18 (c) RIGHTS OF EMPLOYEES.—The Office of Senate

19 Fair Employment Practices shall ensure that Senate em20 ployees are informed of their rights under sections 101

21 through 105.

22 (d) LIMITATIONS.—A request for counseling under

23 section 305 of such Act by a Senate employee alleging a

24 violation of a provision of sections 101 through 105 shall

25 be made not later than 2 years after the date of the last
55

•HR 680 IH

1 event constituting the alleged violation for which the coun2 seling is requested, or not later than 3 years after such

3 date in the case of a willful violation of section 105.

4 (e) APPLICABLE REMEDIES.—The remedies applica5 ble to individuals who demonstrate a violation of a provi6 sion of sections 101 through 105 shall be such remedies

7 as would be appropriate if awarded under paragraph (1)

8 or (3) of section 107(a).

9 (f) EXERCISE OF RULEMAKING POWER.—The provi10 sions of subsections (b), (c), (d), and (e), except as such

11 subsections apply with respect to section 309 of the Gov12 ernment Employee Rights Act of 1991 (2 U.S.C. 1209),

13 are enacted by the Senate as an exercise of the rulemaking

14 power of the Senate, with full recognition of the right of

15 the Senate to change its rules, in the same manner, and

16 to the same extent, as in the case of any other rule of

17 the Senate. No Senate employee may commence a judicial

18 proceeding with respect to an allegation described in sub19 section (b)(1), except as provided in this section.

20 (g) SEVERABILITY.—Notwithstanding any other pro21 vision of law, if any provision of section 309 of the Govern22 ment Employee Rights Act of 1991 (2 U.S.C. 1209) or

23 of subsection (e) is invalidated, both such section 309 and

24 subsection (e) shall have no force and effect, and shall be
56

•HR 680 IH

1 considered to be invalidated for purposes of section 322

2 of such Act (2 U.S.C. 1221).

3 (h) DEFINITIONS.—As used in this section:

4 (1) EMPLOYING OFFICE.—The term ‘‘employing

5 office’’ means the office with the final authority de6 scribed in section 301(2) of such Act (2 U.S.C.

7 1201(2)).

8 (2) SENATE EMPLOYEE.—The term ‘‘Senate

9 employee’’ means an employee described in subpara10 graph (A) or (B) of section 301(c)(1) of such Act

11 (2 U.S.C. 1201(c)(1)) who has been employed for at

12 least 12 months on other than a temporary or inter13 mittent basis by any employing office.

14 SEC. 502. LEAVE FOR CERTAIN CONGRESSIONAL EMPLOY15 EES.

16 (a) IN GENERAL.—The rights and protections under

17 sections 102 through 105 (other than section 104(b)) shall

18 apply to any employee in an employment position and any

19 employing authority of the House of Representatives.

20 (b) ADMINISTRATION.—In the administration of this

21 section, the remedies and procedures under the Fair Em22 ployment Practices Resolution shall be applied.

23 (c) DEFINITION.—As used in this section, the term

24 ‘‘Fair Employment Practices Resolution’’ means the reso-
57

•HR 680 IH

1 lution in rule LI of the Rules of the House of Representa2 tives.

Æ

HR 680 IH——2

HR 680 IH——3

HR 680 IH——4

HR 680 IH——5