II

104TH CONGRESS

2D SESSION S. 1896

To amend the Family and Medical Leave Act of 1993 to apply the Act

to a greater percentage of the United States workforce and to allow

employees to take parental involvement leave to participate in or attend

their children’s educational and extracurricular activities and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1996

Mr. DODD introduced the following bill; which was read twice and referred to

the Committee on Labor and Human Resources

A BILL

To amend the Family and Medical Leave Act of 1993 to

apply the Act to a greater percentage of the United

States workforce and to allow employees to take parental

involvement leave to participate in or attend their children’s educational and extracurricular activities 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. COVERAGE OF EMPLOYEES.

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

5 the Family and Medical Leave Act of 1993 (29 U.S.C.
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•S 1896 IS

1 2611 (2)(B)(ii) and (4)(A)(i)) are amended by striking

2 ‘‘50’’ each place it appears and inserting ‘‘25’’.

3 SEC. 2. PARENTAL INVOLVEMENT LEAVE.

4 (a) LEAVE REQUIREMENT.—Section 102(a) of the

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

6 2612(a)) is amended by adding at the end the following:

7 ‘‘(3) ENTITLEMENT TO PARENTAL INVOLVE8 MENT LEAVE.—

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

10 103(f), an eligible employee shall be entitled to

11 a total of 4 hours of leave during any 30-day

12 period, and a total of 24 hours of leave during

13 any 12-month period, in addition to leave avail14 able under paragraph (1), to participate in or

15 attend an activity that—

16 ‘‘(i) is sponsored by a school or com17 munity organization; and

18 ‘‘(ii) relates to a program of the

19 school or organization that is attended by

20 a son or daughter of the employee, includ21 ing foster children.

22 ‘‘(B) DEFINITIONS.—As used in this para23 graph:

24 ‘‘(i) COMMUNITY ORGANIZATION.—

25 The term ‘community organization’ means
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•S 1896 IS

1 a private nonprofit organization that is

2 representative of a community or a signifi3 cant segment of a community and provides

4 activities for individuals described in sub5 paragraph (A) or (B) of section 101(12),

6 such as a scouting or sports organization.

7 ‘‘(ii) SCHOOL.—The term ‘school’

8 means an elementary school or secondary

9 school (as such terms are defined in sec10 tion 14101 of the Elementary and Second11 ary Education Act of 1965 (20 U.S.C.

12 8801)), a Head Start program assisted

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

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

15 under State law.’’.

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

17 U.S.C. 2612(b)(1)) is amended by inserting after the sec18 ond sentence the following: ‘‘Leave under subsection

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

20 schedule.’’

21 (c) SUBSTITUTION OF PAID LEAVE.—Section

22 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is

23 amended by inserting before the period the following: ‘‘,

24 or for leave provided under subsection (a)(3) for any part
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•S 1896 IS

1 of the 24-hour period of such leave under such sub2 section’’.

3 (d) NOTICE.—Section 102(e)(1) of such Act (29

4 U.S.C. 2612(e)(1)) is amended by adding at the end the

5 following: ‘‘In any case in which an employee requests

6 leave under subsection (a)(3), the employee shall provide

7 the employer with not less than 7 days’ notice, before the

8 date the leave is to begin, of the employee’s intention to

9 take leave under such subsection.’’.

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

11 U.S.C. 2613) is amended by adding at the end the follow12 ing:

13 ‘‘(f) CERTIFICATION FOR PARENTAL INVOLVEMENT

14 LEAVE.—An employer may require that a request for

15 leave under section 102(a)(3) be supported by a certifi16 cation issued at such time and in such manner as the Sec17 retary may by regulation prescribe.’’.

18 SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERV19 ANTS.

20 (a) LEAVE REQUIREMENT.—Section 6382(a) of title

21 5, United States Code, is amended by adding at the end

22 the following:

23 ‘‘(3)(A) Subject to section 6383(f), an employee shall

24 be entitled to a total of 4 hours of leave during any 30-

25 day period, and a total of 24 hours of leave during any
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1 12-month period, in addition to leave available under para2 graph (1), to participate in or attend an activity that—

3 ‘‘(i) is sponsored by a school or community or4 ganization; and

5 ‘‘(ii) relates to a program of the school or orga6 nization that is attended by a son or daughter of the

7 employee, including foster children.

8 ‘‘(B) As used in this paragraph:

9 ‘‘(i) The term ‘community organization’ means

10 a private nonprofit organization that is representa11 tive of a community or a significant segment of a

12 community and provides activities for individuals de13 scribed in subparagraph (A) or (B) of section

14 6381(6), such as a scouting or sports organization.

15 ‘‘(ii) The term ‘school’ means an elementary

16 school or secondary school (as such terms are de17 fined in section 14101 of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 8801)), a

19 Head Start program assisted under the Head Start

20 Act (42 U.S.C. 9831 et seq.), and a child care facil21 ity licensed under State law.’’.

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

23 amended by inserting after the second sentence the follow24 ing: ‘‘Leave under subsection (a)(3) may be taken inter25 mittently or on a reduced leave schedule.’’
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•S 1896 IS

1 (c) SUBSTITUTION OF PAID LEAVE.—Section

2 6382(d) of such title is amended by inserting before ‘‘,

3 except’’ the following: ‘‘, or for leave provided under sub4 section (a)(3) any of the employee’s accrued or accumu5 lated annual leave under subchapter I for any part of the

6 24-hour period of such leave under such subsection’’.

7 (d) NOTICE.—Section 6382(e)(1) of such title is

8 amended by adding at the end the following: ‘‘In any case

9 in which an employee requests leave under subsection

10 (a)(3), the employee shall provide the employing agency

11 with not less than 7 days’ notice, before the date the leave

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

13 such subsection.’’.

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

15 amended by adding at the end the following:

16 ‘‘(f) An employing agency may require that a request

17 for leave under section 6382(a)(3) be supported by a cer18 tification issued at such time and in such manner as the

19 Office of Personnel Management may by regulation pre20 scribe.’’.

Æ