I

103D CONGRESS

1ST SESSION H. R. 1

To grant family and temporary medical leave under certain circumstances.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. FORD of Michigan (for himself, Mr. CLAY, Mr. MILLER of California, Mr.

MURPHY, Mr. KILDEE, Mr. WILLIAMS, Mr. MARTINEZ, Mr. OWENS, Mr.

SAWYER, Mr. PAYNE of New Jersey, Ms. UNSOELD, Ms. MINK, Mr. ANDREWS of New Jersey, Mr. REED, Mr. ROEMER, Mr. ENGEL, Mr.

BECERRA, Mr. SCOTT, Mr. GENE GREEN of Texas, Ms. WOOLSEY, Mr.

ROMERO-BARCELO, Mr. KLINK, Ms. ENGLISH of Arizona, Mr.

STRICKLAND, Mrs. SCHROEDER, Mrs. ROUKEMA, Ms. SNOWE, Mr.

SWETT, Mr. FORD of Tennessee, Mr. MATSUI, Mr. BONIOR, Mr. SANDERS, Mrs. KENNELLY, Mr. GORDON, and Mr. WELDON) introduced the

following bill; which was referred jointly to the Committees on Education

and Labor, Post Office and Civil Service, and House Administration

JANUARY 21, 1993

Additional sponsors: Mr. GEPHARDT, Mr. ACKERMAN, Mr. BACCHUS of Florida, Mr. BAESLER, Mr. BARRETT of Wisconsin, Mr. BERMAN, Mr.

BILBRAY, Mr. BORSKI, Mr. BROWN of California, Ms. BYRNE, Mr. CHAPMAN, Mr. CLYBURN, Mr. CONYERS, Mr. COSTELLO, Mr. DEFAZIO, Ms.

DELAURO, Mr. DELLUMS, Mr. DE LUGO, Ms. ESHOO, Mr. ESPY, Mr.

FALEOMAVAEGA, Mr. FAZIO, Mr. FLAKE, Mr. FOGLIETTA, Mr. FRANK

of Massachusetts, Mr. GIBBONS, Ms. HARMAN, Mr. HINCHEY, Mr.

HOLDEN, Mr. HYDE, Mr. JOHNSTON of Florida, Mr. KOPETSKI, Mr.

LEHMAN, Ms. LONG, Mr. MCCLOSKEY, Mr. MCDERMOTT, Mr.

MACHTLEY, Ms. MALONEY, Mr. MANTON, Mr. MARKEY, Mr. MAZZOLI,

Mr. MEEHAN, Mr. MINETA, Mrs. MORELLA, Mr. MURTHA, Ms. NORTON,

Mr. OLVER, Mr. PANETTA, Mr. PASTOR, Ms. PELOSI, Mr. PETERSON of

Minnesota, Mr. PETERSON of Florida, Mr. POMEROY, Mr. RAHALL, Mr.

REYNOLDS, Ms. SCHENK, Mr. SCHUMER, Mr. SHAYS, Mr. STARK, Mr.

STUDDS, Mr. STUPAK, Mr. SWIFT, Mr. VENTO, Mr. WASHINGTON, Mr.

WAXMAN, Mr. WISE, Mr. WYNN, Ms. BROWN of Florida, Mr.

BLACKWELL, Mr. DOOLEY, Mr. COLEMAN, Mrs. COLLINS of Illinois, Mr.

EVANS, Mr. FISH, Mr. LEVIN, Ms. MOLINARI, Mr. NEAL of Massachusetts, Mr. OBERSTAR, Mr. POSHARD, Mr. SABO, Ms. SLAUGHTER, Mr.

SMITH of New Jersey, Ms. WATERS, Mr. WHEAT, Mr. DIXON, Mr.

SERRANO, Mr. RANGEL, Mr. PALLONE, Mr. TRAFICANT, Mr. CARDIN,
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Mr. ANDREWS of Maine, Mr. SANGMEISTER, Mr. WILSON, Mr. EDWARDS

of California, Mr. RAVENEL, Mr. KLECZKA, and Mr. DURBIN

A BILL

To grant family and temporary medical leave under certain

circumstances.

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.—The table of contents is

7 as follows:

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.

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.
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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;

11 (3) the lack of employment policies to accom12 modate working parents can force individuals to

13 choose between job security and parenting;

14 (4) there is inadequate job security for employ15 ees who have serious health conditions that prevent

16 them from working for temporary periods;

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

18 women in our society, the primary responsibility for

19 family caretaking often falls on women, and such re-
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1 sponsibility affects the working lives of women more

2 than it affects the working lives of men; and

3 (6) employment standards that apply to one

4 gender only have serious potential for encouraging

5 employers to discriminate against employees and ap6 plicants for employment who are of that gender.

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

8 (1) to balance the demands of the workplace

9 with the needs of families, to promote the stability

10 and economic security of families, and to promote

11 national interests in preserving family integrity;

12 (2) to entitle employees to take reasonable leave

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

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

15 who has a serious health condition;

16 (3) to accomplish the purposes described in

17 paragraphs (1) and (2) in a manner that accommo18 dates the legitimate interests of employers;

19 (4) to accomplish the purposes described in

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

21 with the Equal Protection Clause of the Fourteenth

22 Amendment, minimizes the potential for employment

23 discrimination on the basis of sex by ensuring gen24 erally that leave is available for eligible medical rea25 sons (including maternity-related disability) and for
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1 compelling family reasons, on a gender-neutral basis;

2 and

3 (5) to promote the goal of equal employment

4 opportunity for women and men, pursuant to such

5 clause.

6 TITLE I—GENERAL

7 REQUIREMENTS FOR LEAVE

8 SEC. 101. DEFINITIONS.

9 As used in this title:

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

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

12 activity, business, or industry in commerce or in

13 which a labor dispute would hinder or obstruct com14 merce or the free flow of commerce, and include

15 ‘‘commerce’’ and any ‘‘industry affecting com16 merce’’, as defined in paragraphs (1) and (3) of sec17 tion 501 of the Labor Management Relations Act,

18 1947 (29 U.S.C. 142 (1) and (3)).

19 (2) ELIGIBLE EMPLOYEE.—

20 (A) IN GENERAL.—The term ‘‘eligible em21 ployee’’ means any ‘‘employee’’, as defined in

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

23 1938 (29 U.S.C. 203(e)), who has been em24 ployed—
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1 (i) for at least 12 months by the em2 ployer with respect to whom leave is re3 quested under section 102; and

4 (ii) for at least 1,250 hours of service

5 with such employer during the previous 12-

6 month period.

7 (B) EXCLUSIONS.—The term ‘‘eligible em8 ployee’’ does not include—

9 (i) any Federal officer or employee

10 covered under subchapter V of chapter 63

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

12 title II of this Act); or

13 (ii) any employee of an employer who

14 is employed at a worksite at which such

15 employer employs less than 50 employees if

16 the total number of employees employed by

17 that employer within 75 miles of that

18 worksite is less than 50.

19 (C) DETERMINATION.—For purposes of deter20 mining whether an employee meets the hours of

21 service requirement specified in subparagraph

22 (A)(ii), the legal standards established under section

23 7 of the Fair Labor Standards Act of 1938 (29

24 U.S.C. 207) shall apply.
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1 (3) EMPLOY; STATE.—The terms ‘‘employ’’ and

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

3 in subsections (c) and (g) of section 3 of the Fair

4 Labor Standards Act of 1938 (29 U.S.C. 203 (c)

5 and (g)).

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

7 any individual employed by an employer.

8 (5) EMPLOYER.—

9 (A) IN GENERAL.—The term ‘‘em10 ployer’’—

11 (i) means any person engaged in com12 merce or in any industry or activity affect13 ing commerce who employs 50 or more em14 ployees for each working day during each

15 of 20 or more calendar workweeks in the

16 current or preceding calendar year;

17 (ii) includes—

18 (I) any person who acts, directly

19 or indirectly, in the interest of an em20 ployer to any of the employees of such

21 employer; and

22 (II) any successor in interest of

23 an employer; and
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1 (iii) includes any ‘‘public agency’’, as

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

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

4 (B) PUBLIC AGENCY.—For purposes of

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

6 considered to be a person engaged in commerce

7 or in an industry or activity affecting com8 merce.

9 (6) EMPLOYMENT BENEFITS.—The term ‘‘em10 ployment benefits’’ means all benefits provided or

11 made available to employees by an employer, includ12 ing group life insurance, health insurance, disability

13 insurance, sick leave, annual leave, educational bene14 fits, and pensions, regardless of whether such bene15 fits are provided by a practice or written policy of

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

17 as defined in section 3(3) of the Employee Retire18 ment Income Security Act of 1974 (29 U.S.C.

19 1002(3)).

20 (7) HEALTH CARE PROVIDER.—The term

21 ‘‘health care provider’’ means—

22 (A) a doctor of medicine or osteopathy who

23 is authorized to practice medicine or surgery

24 (as appropriate) by the State in which the doc25 tor practices; or
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1 (B) any other person determined by the

2 Secretary to be capable of providing health care

3 services.

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

5 biological parent of an employee or an individual

6 who stood in loco parentis to an employee when the

7 employee was a son or daughter.

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

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

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

11 (10) REDUCED LEAVE SCHEDULE.—The term

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

13 the usual number of hours per workweek, or hours

14 per workday, of an employee.

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

16 means the Secretary of Labor.

17 (12) SERIOUS HEALTH CONDITION.—The term

18 ‘‘serious health condition’’ means an illness, injury,

19 impairment, or physical or mental condition that in20 volves—

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

22 residential medical care facility; or

23 (B) continuing treatment by a health care

24 provider.
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1 (13) SON OR DAUGHTER.—The term ‘‘son or

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

3 child, a stepchild, a legal ward, or a child of a per4 son standing in loco parentis, who is—

5 (A) under 18 years of age; or

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

7 of self-care because of a mental or physical dis8 ability.

9 SEC. 102. LEAVE REQUIREMENT.

10 (a) IN GENERAL.—

11 (1) ENTITLEMENT TO LEAVE.—Subject to sec12 tion 103, an eligible employee shall be entitled to a

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

14 period for one or more of the following:

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

16 daughter of the employee and in order to care

17 for such son or daughter.

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

19 daughter with the employee for adoption or fos20 ter care.

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

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

23 such spouse, son, daughter, or parent has a se24 rious health condition.
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1 (D) Because of a serious health condition

2 that makes the employee unable to perform the

3 functions of the position of such employee.

4 (2) EXPIRATION OF ENTITLEMENT.—The enti5 tlement to leave under subparagraphs (A) and (B)

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

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

8 period beginning on the date of such birth or place9 ment.

10 (3) INTERMITTENT LEAVE.—

11 (A) IN GENERAL.—Leave under subpara12 graph (A) or (B) of paragraph (1) shall not be

13 taken by an employee intermittently unless the

14 employee and the employer of the employee

15 agree otherwise. Subject to subparagraph (B),

16 subsection (e)(2), and section 103(b)(5), leave

17 under subparagraph (C) or (D) of paragraph

18 (1) may be taken intermittently when medically

19 necessary.

20 (B) ALTERNATIVE POSITION.—If an em21 ployee requests intermittent leave under sub22 paragraph (C) or (D) of paragraph (1) that is

23 foreseeable based on planned medical treat24 ment, the employer may require such employee

25 to transfer temporarily to an available alter-
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1 native position offered by the employer for

2 which the employee is qualified and that—

3 (i) has equivalent pay and benefits;

4 and

5 (ii) better accommodates recurring pe6 riods of leave than the regular employment

7 position of the employee.

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

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

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

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

12 amount of leave to which the employee is entitled under

13 subsection (a) beyond the amount of leave actually taken.

14 (c) UNPAID LEAVE PERMITTED.—Except as provided

15 in subsection (d), leave granted under subsection (a) may

16 consist of unpaid leave.

17 (d) RELATIONSHIP TO PAID LEAVE.—

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

19 paid leave for fewer than 12 workweeks, the addi20 tional weeks of leave necessary to attain the 12

21 workweeks of leave required under this title may be

22 provided without compensation.

23 (2) SUBSTITUTION OF PAID LEAVE.—

24 (A) IN GENERAL.—An eligible employee

25 may elect, or an employer may require the em-
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1 ployee, to substitute any of the accrued paid va2 cation leave, personal leave, or family leave of

3 the employee for leave provided under subpara4 graph (A), (B), or (C) of subsection (a)(1) for

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

6 under such subsection.

7 (B) SERIOUS HEALTH CONDITION.—An el8 igible employee may elect, or an employer may

9 require the employee, to substitute any of the

10 accrued paid vacation leave, personal leave, or

11 medical or sick leave of the employee for leave

12 provided under subparagraph (C) or (D) of sub13 section (a)(1) for any part of the 12-week pe14 riod of such leave under such subsection, except

15 that nothing in this title shall require an em16 ployer to provide paid sick leave or paid medical

17 leave in any situation in which such employer

18 would not normally provide any such paid leave.

19 (e) FORESEEABLE LEAVE.—

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

21 which the necessity for leave under subparagraph

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

23 on an expected birth or adoption, the employee shall

24 provide the employer with not less than 30 days’ no25 tice, before the date the leave is to begin, of the em-
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1 ployee’s intention to take leave under such subpara2 graph, except that if the date of the birth or adop3 tion requires leave to begin in less than 30 days, the

4 employee shall provide such notice as is practicable.

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

6 which the necessity for leave under subparagraph

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

8 on planned medical treatment, the employee—

9 (A) shall make a reasonable effort to

10 schedule the treatment so as not to disrupt un11 duly the operations of the employer, subject to

12 the approval of the health care provider of the

13 employee or the health care provider of the son,

14 daughter, spouse, or parent of the employee, as

15 appropriate; and

16 (B) shall provide the employer with not

17 less than 30 days’ notice, before the date the

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

19 take leave under such subparagraph, except

20 that if the date of the treatment requires leave

21 to begin in less than 30 days, the employee

22 shall provide such notice as is practicable.

23 (f) SPOUSES EMPLOYED BY THE SAME EM24 PLOYER.—In any case in which a husband and wife enti25 tled to leave under subsection (a) are employed by the
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1 same employer, the aggregate number of workweeks of

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

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

4 taken—

5 (1) under subparagraph (A) or (B) of sub6 section (a)(1); or

7 (2) to care for a sick parent under subpara8 graph (C) of such subsection.

9 SEC. 103. CERTIFICATION.

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

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

12 102(a)(1) be supported by a certification issued by the

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

14 daughter, spouse, or parent of the employee, as appro15 priate. The employee shall provide, in a timely manner,

16 a copy of such certification to the employer.

17 (b) SUFFICIENT CERTIFICATION.—Certification pro18 vided under subsection (a) shall be sufficient if it states—

19 (1) the date on which the serious health condi20 tion commenced;

21 (2) the probable duration of the condition;

22 (3) the appropriate medical facts within the

23 knowledge of the health care provider regarding the

24 condition;
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1 (4)(A) for purposes of leave under section

2 102(a)(1)(C), a statement that the eligible employee

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

4 parent and an estimate of the amount of time that

5 such employee is needed to care for the son, daugh6 ter, spouse, or parent; and

7 (B) for purposes of leave under section

8 102(a)(1)(D), a statement that the employee is un9 able to perform the functions of the position of the

10 employee; and

11 (5) in the case of certification for intermittent

12 leave for planned medical treatment, the dates on

13 which such treatment is expected to be given and the

14 duration of such treatment.

15 (c) SECOND OPINION.—

16 (1) IN GENERAL.—In any case in which the em17 ployer has reason to doubt the validity of the certifi18 cation provided under subsection (a) for leave under

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

20 employer may require, at the expense of the em21 ployer, that the eligible employee obtain the opinion

22 of a second health care provider designated or ap23 proved by the employer concerning any information

24 certified under subsection (b) for such leave.
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1 (2) LIMITATION.—A health care provider des2 ignated or approved under paragraph (1) shall not

3 be employed on a regular basis by the employer.

4 (d) RESOLUTION OF CONFLICTING OPINIONS.—

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

6 second opinion described in subsection (c) differs

7 from the opinion in the original certification pro8 vided under subsection (a), the employer may re9 quire, at the expense of the employer, that the em10 ployee obtain the opinion of a third health care pro11 vider designated or approved jointly by the employer

12 and the employee concerning the information cer13 tified under subsection (b).

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

15 care provider concerning the information certified

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

17 and shall be binding on the employer and the em18 ployee.

19 (e) SUBSEQUENT RECERTIFICATION.—The employer

20 may require that the eligible employee obtain subsequent

21 recertifications on a reasonable basis.

22 SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

23 (a) RESTORATION TO POSITION.—

24 (1) IN GENERAL.—Except as provided in sub25 section (b), any eligible employee who takes leave
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1 under section 102 for the intended purpose of the

2 leave shall be entitled, on return from such leave—

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

4 position of employment held by the employee

5 when the leave commenced; or

6 (B) to be restored to an equivalent position

7 with equivalent employment benefits, pay, and

8 other terms and conditions of employment.

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

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

11 employment benefit accrued prior to the date on

12 which the leave commenced.

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

14 be construed to entitle any restored employee to—

15 (A) the accrual of any seniority or employ16 ment benefits during any period of leave; or

17 (B) any right, benefit, or position of em18 ployment other than any right, benefit, or posi19 tion to which the employee would have been en20 titled had the employee not taken the leave.

21 (4) CERTIFICATION.—As a condition of restora22 tion under paragraph (1) for an employee who has

23 taken leave under section 102(a)(1)(D), the em24 ployer may have a uniformly applied practice or pol25 icy that requires each such employee to receive cer-
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1 tification from the health care provider of the em2 ployee that the employee is able to resume work, ex3 cept that nothing in this paragraph shall supersede

4 a valid State or local law or a collective bargaining

5 agreement that governs the return to work of such

6 employees.

7 (5) CONSTRUCTION.—Nothing in this sub8 section shall be construed to prohibit an employer

9 from requiring an employee on leave under section

10 102 to report periodically to the employer on the

11 status and intention of the employee to return to

12 work.

13 (b) EXEMPTION CONCERNING CERTAIN HIGHLY

14 COMPENSATED EMPLOYEES.—

15 (1) DENIAL OF RESTORATION.—An employer

16 may deny restoration under subsection (a) to any el17 igible employee described in paragraph (2) if—

18 (A) such denial is necessary to prevent

19 substantial and grievous economic injury to the

20 operations of the employer;

21 (B) the employer notifies the employee of

22 the intent of the employer to deny restoration

23 on such basis at the time the employer deter24 mines that such injury would occur; and
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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-
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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 son, daughter, spouse,

23 or parent of the employee, as appropriate,

24 in the case of an employee unable to return
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1 to work because of a condition specified in

2 section 102(a)(1)(C); or

3 (ii) a certification issued by the health

4 care provider of the eligible employee, in

5 the case of an employee unable to return

6 to work because of a condition specified in

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

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

9 a timely manner, a copy of such certification to

10 the employer.

11 (C) SUFFICIENCY OF CERTIFICATION.—

12 (i) LEAVE DUE TO SERIOUS HEALTH

13 CONDITION OF EMPLOYEE.—The certifi14 cation described in subparagraph (A)(i)

15 shall be sufficient if the certification states

16 that a serious health condition prevented

17 the employee from being able to perform

18 the functions of the position of the em19 ployee on the date that the leave of the

20 employee expired.

21 (ii) LEAVE DUE TO SERIOUS HEALTH

22 CONDITION OF FAMILY MEMBER.—The

23 certification described in subparagraph

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

25 states that the employee is needed to care
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1 for the son, daughter, spouse, or parent

2 who has a serious health condition on the

3 date that the leave of the employee ex4 pired.

5 SEC. 105. PROHIBITED ACTS.

6 (a) INTERFERENCE WITH RIGHTS.—

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

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

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

10 provided under this title.

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

12 any employer to discharge or in any other manner

13 discriminate against any individual for opposing any

14 practice made unlawful by this title.

15 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR16 IES.—It shall be unlawful for any person to discharge or

17 in any other manner discriminate against any individual

18 because such individual—

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

20 caused to be instituted any proceeding, under or re21 lated to this title;

22 (2) has given, or is about to give, any informa23 tion in connection with any inquiry or proceeding re24 lating to any right provided under this title; or
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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).
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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;
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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
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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 (2) 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 in an action under subsection (d) in

18 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
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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
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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.
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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 title 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 or 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 (B) EMPLOYER.—The term ‘‘employer’’

23 means an agency or school described in para24 graph (1).

25 (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER

26 FEDERAL LAWS.—A local educational agency and a pri-
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1 vate elementary or secondary school shall not be in viola2 tion of the Individuals with Disabilities Education Act (20

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

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

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

6 of an eligible employee of such agency or school exercising

7 the rights of such employee under this title.

8 (c) INTERMITTENT LEAVE FOR INSTRUCTIONAL EM9 PLOYEES.—

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

11 any case in which an eligible employee employed

12 principally in an instructional capacity by any such

13 educational agency or school requests leave under

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

15 is foreseeable based on planned medical treatment

16 and the employee would be on leave for greater than

17 20 percent of the total number of working days in

18 the period during which the leave would extend, the

19 agency or school may require that such employee

20 elect either—

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

22 duration, not to exceed the duration of the

23 planned medical treatment; or
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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—
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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.
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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 or 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 or sec12 ondary school that has violated this title proves to the sat13 isfaction 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 this 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

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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 any individual

23 who—

24 ‘‘(A) is an ‘employee’, as defined by section

25 6301(2), including any individual employed in a
36

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1 position referred to in clause (v) or (ix) of sec2 tion 6301(2), but excluding any individual em3 ployed by the government of the District of Co4 lumbia and any individual employed on a tem5 porary or intermittent basis; and

6 ‘‘(B) has completed at least 12 months of

7 service as an employee (within the meaning of

8 subparagraph (A));

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

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

11 who is authorized to practice medicine or sur12 gery (as appropriate) by the State in which the

13 doctor practices; and

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

15 Director of the Office of Personnel Management

16 to be capable of providing health care services;

17 ‘‘(3) the term ‘parent’ means the biological par18 ent of an employee or an individual who stood in

19 loco parentis to an employee when the employee was

20 a son or daughter;

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

22 leave that reduces the usual number of hours per

23 workweek, or hours per workday, of an employee;
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1 ‘‘(5) the term ‘serious health condition’ means

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

3 condition that involves—

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

5 or residential medical care facility; or

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

7 provider; and

8 ‘‘(6) the term ‘son or daughter’ means a bio9 logical, adopted, or foster child, a stepchild, a legal

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

11 parentis, who is—

12 ‘‘(A) under 18 years of age; or

13 ‘‘(B) 18 years of age or older and incapa14 ble of self-care because of a mental or physical

15 disability.

16 ‘‘§ 6382. Leave requirement

17 ‘‘(a)(1) Subject to section 6383, an employee shall

18 be entitled to a total of 12 administrative workweeks of

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

20 following:

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

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

23 or daughter.
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1 ‘‘(B) Because of the placement of a son or

2 daughter with the employee for adoption or foster

3 care.

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

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

6 son, daughter, or parent has a serious health condi7 tion.

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

9 makes the employee unable to perform the functions

10 of the employee’s position.

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

12 (A) or (B) of paragraph (1) based on the birth or place13 ment of a son or daughter shall expire at the end of the

14 12-month period beginning on the date of such birth or

15 placement.

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

17 paragraph (1) shall not be taken by an employee intermit18 tently unless the employee and the employing agency of

19 the employee agree otherwise. Subject to subparagraph

20 (B), subsection (e)(2), and section 6383(b)(5), leave under

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

22 intermittently when medically necessary.

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

24 subparagraph (C) or (D) of paragraph (1) that is foresee25 able based on planned medical treatment, the employing
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1 agency may require such employee to transfer temporarily

2 to an available alternative position offered by the employ3 ing agency for which the employee is qualified and that—

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

5 ‘‘(ii) better accommodates recurring periods of

6 leave than the regular employment position of the

7 employee.

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

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

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

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

12 such employee under such schedule shall be subtracted

13 from the total amount of leave remaining available to such

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

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

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

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

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

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

20 (a)(1) any of the employee’s accrued or accumulated an21 nual or sick leave under subchapter I for any part of the

22 12-week period of leave under such subsection, except that

23 nothing in this subchapter shall require an employing

24 agency to provide paid sick leave in any situation in which
40

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1 such employing agency would not normally provide any

2 such paid leave.

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

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

5 foreseeable based on an expected birth or placement, the

6 employee shall provide the employing agency with not less

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

8 of the employee’s intention to take leave under such sub9 paragraph, except that if the date of the birth or adoption

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

11 shall provide such notice as is practicable.

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

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

14 foreseeable based on planned medical treatment, the em15 ployee—

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

17 the treatment so as not to disrupt unduly the oper18 ations of the employing agency, subject to the ap19 proval of the health care provider of the employee or

20 the health care provider of the son, daughter,

21 spouse, or parent of the employee; and

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

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

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

25 leave under such subparagraph, except that if the
41

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1 date of the treatment requires leave to begin in less

2 than 30 days, the employee shall provide such notice

3 as is practicable.

4 ‘‘§ 6383. Certification

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

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

7 6382(a)(1) be supported by certification issued by the

8 health care provider of the employee or of the son, daugh9 ter, spouse, or parent of the employee, as appropriate. The

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

11 certification to the employing agency.

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

13 shall be sufficient if it states—

14 ‘‘(1) the date on which the serious health condi15 tion commenced;

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

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

18 knowledge of the health care provider regarding the

19 condition;

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

21 6382(a)(1)(C), a statement that the employee is

22 needed to care for the son, daughter, spouse, or par23 ent, and an estimate of the amount of time that

24 such employee is needed to care for such son, daugh25 ter, spouse, or parent; and
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1 ‘‘(B) for purposes of leave under section

2 6382(a)(1)(D), a statement that the employee is un3 able to perform the functions of the position of the

4 employee; and

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

6 leave for planned medical treatment, the dates on

7 which such treatment is expected to be given and the

8 duration of such treatment.

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

10 has reason to doubt the validity of the certification pro11 vided under subsection (a) for leave under subparagraph

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

13 may require, at the expense of the agency, that the em14 ployee obtain the opinion of a second health care provider

15 designated or approved by the employing agency concern16 ing any information certified under subsection (b) for such

17 leave.

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

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

20 basis by the employing agency.

21 ‘‘(d)(1) In any case in which the second opinion de22 scribed in subsection (c) differs from the original certifi23 cation provided under subsection (a), the employing agen24 cy may require, at the expense of the agency, that the em25 ployee obtain the opinion of a third health care provider
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1 designated or approved jointly by the employing agency

2 and the employee concerning the information certified

3 under subsection (b).

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

5 concerning the information certified under subsection (b)

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

7 employing agency and the employee.

8 ‘‘(e) The employing agency may require, at the ex9 pense of the agency, that the employee obtain subsequent

10 recertifications on a reasonable basis.

11 ‘‘§ 6384. Employment and benefits protection

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

13 6382 for the intended purpose of the leave shall be enti14 tled, upon return from such leave—

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

16 the position held by the employee when the leave

17 commenced; or

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

19 with equivalent benefits, pay, status, and other

20 terms and conditions of employment.

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

22 result in the loss of any employment benefit accrued prior

23 to the date on which the leave commenced.
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1 ‘‘(c) Except as otherwise provided by or under law,

2 nothing in this section shall be construed to entitle any

3 restored employee to—

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

5 benefits during any period of leave; or

6 ‘‘(2) any right, benefit, or position of employ7 ment other than any right, benefit, or position to

8 which the employee would have been entitled had the

9 employee not taken the leave.

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

11 (a) for an employee who takes leave under section

12 6382(a)(1)(D), the employing agency may have a uni13 formly applied practice or policy that requires each em14 ployee to receive certification from the health care provider

15 of the employee that the employee is able to resume work.

16 ‘‘(e) Nothing in this section shall be construed to pro17 hibit an employing agency from requiring an employee on

18 leave under section 6382 to report periodically to the em19 ploying agency on the status and intention of the employee

20 to return to work.

21 ‘‘§ 6385. Prohibition of coercion

22 ‘‘(a) An employee shall not directly or indirectly in23 timidate, threaten, or coerce, or attempt to intimidate,

24 threaten, or coerce, any other employee for the purpose
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1 of interfering with the exercise of any rights which such

2 other employee may have under this subchapter.

3 ‘‘(b) For the purpose of this section—

4 ‘‘(1) the term ‘intimidate, threaten, or coerce’

5 includes promising to confer or conferring any bene6 fit (such as appointment, promotion, or compensa7 tion), or taking or threatening to take any reprisal

8 (such as deprivation of appointment, promotion, or

9 compensation); and

10 ‘‘(2) the term ‘employee’ means any ‘employee’,

11 as defined by section 2105.

12 ‘‘§ 6386. Health insurance

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

14 chapter 89 who is placed in a leave status under section

15 6382 may elect to continue the health benefits enrollment

16 of the employee while in such leave status and arrange

17 to pay currently into the Employees Health Benefits Fund

18 (described in section 8909), the appropriate employee con19 tributions.

20 ‘‘§ 6387. Regulations

21 ‘‘The Office of Personnel Management shall prescribe

22 regulations necessary for the administration of this sub23 chapter. The regulations prescribed under this subchapter

24 shall, to the extent appropriate, be consistent with the reg-
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1 ulations prescribed by the Secretary of Labor under title

2 I of the Family and Medical Leave Act of 1993.’’.

3 (2) TABLE OF CONTENTS.—The table of con4 tents for chapter 63 of title 5, United States Code,

5 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.’’.

6 (b) EMPLOYEES PAID FROM NONAPPROPRIATED

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

8 Code, is amended—

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

10 (C); and

11 (2) by adding at the end the following new sub12 paragraph:

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

14 shall be applied so as to construe references to

15 benefit programs to refer to applicable pro16 grams for employees paid from nonappropriated

17 funds; or’’.
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1 TITLE III—COMMISSION ON

2 LEAVE

3 SEC. 301. ESTABLISHMENT.

4 There is established a commission to be known as the

5 Commission on Leave (hereinafter referred to in this title

6 as the ‘‘Commission’’).

7 SEC. 302. DUTIES.

8 The Commission shall—

9 (1) conduct a comprehensive study of—

10 (A) existing and proposed policies relating

11 to leave;

12 (B) the potential costs, benefits, and im13 pact on productivity of such policies on employ14 ers; and

15 (C) alternative and equivalent State en16 forcement of title I of this Act with respect to

17 employees described in section 108(a); and

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

19 which the Commission first meets, prepare and sub20 mit, to the appropriate Committees of Congress, a

21 report concerning the subjects listed in paragraph

22 (1).

23 SEC. 303. MEMBERSHIP.

24 (a) COMPOSITION.—
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1 (1) APPOINTMENTS.—The Commission shall be

2 composed of 12 voting members and 2 ex officio

3 members to be appointed not later than 60 days

4 after the date of the enactment of this Act as

5 follows:

6 (A) SENATORS.—One Senator shall be ap7 pointed by the Majority Leader of the Senate,

8 and one Senator shall be appointed by the Mi9 nority Leader of the Senate.

10 (B) MEMBERS OF HOUSE OF REPRESENTA11 TIVES.—One Member of the House of Rep12 resentatives shall be appointed by the Speaker

13 of the House of Representatives, and one Mem14 ber of the House of Representatives shall be ap15 pointed by the Minority Leader of the House of

16 Representatives.

17 (C) ADDITIONAL MEMBERS.—

18 (i) APPOINTMENT.—Two Members

19 each shall be appointed by—

20 (I) the Speaker of the House of

21 Representatives;

22 (II) the Majority Leader of the

23 Senate;

24 (III) the Minority Leader of the

25 House of Representatives; and
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1 (IV) the Minority Leader of the

2 Senate.

3 (ii) EXPERTISE.—Such members shall

4 be appointed by virtue of demonstrated ex5 pertise in relevant family, temporary dis6 ability, and labor-management issues and

7 shall include representatives of employers.

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

9 Health and Human Services and the Secretary of

10 Labor shall serve on the Commission as nonvoting

11 ex officio members.

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

13 shall be filled in the manner in which the original appoint14 ment was made. The vacancy shall not affect the power

15 of the remaining members to execute the duties of the

16 Commission.

17 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The

18 Commission shall elect a chairperson and a vice chair19 person from among the members of the Commission.

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

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

22 lesser number may constitute a quorum for the purpose

23 of holding hearings.
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1 SEC. 304. COMPENSATION.

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

3 without compensation.

4 (b) TRAVEL EXPENSES.—Members of the Commis5 sion shall be allowed reasonable travel expenses, including

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

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

8 Commission.

9 SEC. 305. POWERS.

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

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

12 are appointed, and the Commission shall meet thereafter

13 on the call of the chairperson or a majority of the mem14 bers.

15 (b) HEARINGS AND SESSIONS.—The Commission

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

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

18 the Commission considers appropriate. The Commission

19 may administer oaths or affirmations to witnesses appear20 ing before it.

21 (c) ACCESS TO INFORMATION.—The Commission

22 may secure directly from any Federal agency information

23 necessary to enable it to carry out this title, if the informa24 tion may be disclosed under section 552 of title 5, United

25 States Code. Subject to the previous sentence, on the re26 quest of the chairperson or vice chairperson of the Com-
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1 mission, the head of such agency shall furnish such infor2 mation to the Commission.

3 (d) EXECUTIVE DIRECTOR.—The Commission may

4 appoint an Executive Director from the personnel of any

5 Federal agency to assist the Commission in carrying out

6 the duties of the Commission. Any appointment shall not

7 interrupt or otherwise affect the civil service status or

8 privileges of the employee appointed.

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

10 request of the Commission, the head of any Federal agen11 cy may make available to the Commission any of the facili12 ties and services of such agency.

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

14 request of the Commission, the head of any Federal agen15 cy may detail any of the personnel of such agency to assist

16 the Commission in carrying out the duties of the Commis17 sion. Any detail shall not interrupt or otherwise affect the

18 civil service status or privileges of the Federal employee.

19 (g) VOLUNTARY SERVICE.—Notwithstanding section

20 1342 of title 31, United States Code, the chairperson of

21 the Commission may accept for the Commission voluntary

22 services provided by a member of the Commission.
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1 SEC. 306. TERMINATION.

2 The Commission shall terminate 30 days after the

3 date of the submission of the report of the Commission

4 to Congress.

5 TITLE IV—MISCELLANEOUS

6 PROVISIONS

7 SEC. 401. EFFECT ON OTHER LAWS.

8 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

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

11 or State law prohibiting discrimination on the basis of

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

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

14 or any amendment made by this Act shall be construed

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

16 provides greater employee leave rights than the rights es17 tablished under this Act or any amendment made by this

18 Act.

19 SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

21 amendment made by this Act shall be construed to dimin22 ish the obligation of an employer to comply with any col23 lective bargaining agreement or any employment benefit

24 program or plan that provides greater family and medical

25 leave rights to employees than the rights provided under

26 this Act or any amendment made by this Act.
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1 (b) LESS PROTECTIVE.—The rights provided to em2 ployees under this Act or any amendment made by this

3 Act shall not be diminished by any collective bargaining

4 agreement or any employment benefit program or plan.

5 SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE

6 POLICIES.

7 Nothing in this Act or any amendment made by this

8 Act shall be construed to discourage employers from

9 adopting or retaining leave policies more generous than

10 any policies that comply with the requirements under this

11 Act or any amendment made by this Act.

12 SEC. 404. REGULATIONS.

13 The Secretary of Labor shall prescribe such regula14 tions as are necessary to carry out sections 401 through

15 403 not later than 60 days after the date of the enactment

16 of this Act.

17 SEC. 405. EFFECTIVE DATES.

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

19 of the enactment of this Act.

20 (b) OTHER TITLES.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), titles I, II, and V and this title shall take

23 effect 6 months after the date of the enactment of

24 this Act.
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1 (2) COLLECTIVE BARGAINING AGREEMENTS.—

2 In the case of a collective bargaining agreement in

3 effect on the effective date prescribed by paragraph

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

5 (A) the date of the termination of such

6 agreement; or

7 (B) the date that occurs 12 months after

8 the date of the enactment of this Act.

9 TITLE V—COVERAGE OF

10 CONGRESSIONAL EMPLOYEES

11 SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.

12 (a) COVERAGE.—The rights and protections estab13 lished under sections 101 through 105 shall apply with

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

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

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

17 an employing office.

18 (b) CONSIDERATION OF ALLEGATIONS.—

19 (1) APPLICABLE PROVISIONS.—The provisions

20 of sections 304 through 313 of the Government Em21 ployee Rights Act of 1991 (2 U.S.C. 1204–1213)

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

23 (A) apply with respect to an allegation of

24 a violation of a provision of sections 101
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1 through 105, with respect to Senate employ2 ment of a Senate employee; and

3 (B) apply to such an allegation in the

4 same manner and to the same extent as such

5 sections of the Government Employee Rights

6 Act of 1991 apply with respect to an allegation

7 of a violation under such Act.

8 (2) ENTITY.—Such an allegation shall be ad9 dressed by the Office of Senate Fair Employment

10 Practices or such other entity as the Senate may

11 designate.

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

13 Fair Employment Practices shall ensure that Senate em14 ployees are informed of their rights under sections 101

15 through 105.

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

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

18 violation of a provision of sections 101 through 105 shall

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

20 event constituting the alleged violation for which the coun21 seling is requested, or not later than 3 years after such

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

23 (e) APPLICABLE REMEDIES.—The remedies applica24 ble to individuals who demonstrate a violation of a provi25 sion of sections 101 through 105 shall be such remedies
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1 as would be appropriate if awarded under paragraph (1)

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

3 (f) EXERCISE OF RULEMAKING POWER.—The provi4 sions of subsections (b), (c), (d), and (e), except as such

5 subsections apply with respect to section 309 of the Gov6 ernment Employee Rights Act of 1991 (2 U.S.C. 1209),

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

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

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

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

11 the Senate. No Senate employee may commence a judicial

12 proceeding with respect to an allegation described in sub13 section (b)(1), except as provided in this section.

14 (g) SEVERABILITY.—Notwithstanding any other pro15 vision of law, if any provision of section 309 of the Govern16 ment Employee Rights Act of 1991 (2 U.S.C. 1209) or

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

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

19 considered to be invalidated for purposes of section 322

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

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

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

23 office’’ means the office with the final authority de24 scribed in section 301(2) of such Act (2 U.S.C.

25 1201(2)).
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1 (2) SENATE EMPLOYEE.—The term ‘‘Senate

2 employee’’ means an employee described in subpara3 graph (A) or (B) of section 301(c)(1) of such Act

4 (2 U.S.C. 1201(c)(1)) who has been employed for at

5 least 12 months on other than a temporary or inter6 mittent basis by any employing office.

7 SEC. 502. LEAVE FOR CERTAIN CONGRESSIONAL EMPLOY8 EES.

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

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

11 apply to any employee in an employment position and any

12 employing authority of the House of Representatives.

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

14 section, the remedies and procedures under the Fair Em15 ployment Practices Resolution shall be applied.

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

17 ‘‘Fair Employment Practices Resolution’’ means the reso18 lution in rule LI of the Rules of the House of Representa19 tives.

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