II

103D CONGRESS

1ST SESSION H. R. 1

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4 (legislative day, JANUARY 5), 1993

Received

AN ACT

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:
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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.

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 House 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
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1 care of family members who have serious health con2 ditions;

3 (3) the lack of employment policies to accom4 modate working parents can force individuals to

5 choose between job security and parenting;

6 (4) there is inadequate job security for employ7 ees who have serious health conditions that prevent

8 them from working for temporary periods;

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

10 women in our society, the primary responsibility for

11 family caretaking often falls on women, and such re12 sponsibility affects the working lives of women more

13 than it affects the working lives of men; and

14 (6) employment standards that apply to one

15 gender only have serious potential for encouraging

16 employers to discriminate against employees and ap17 plicants for employment who are of that gender.

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

19 (1) to balance the demands of the workplace

20 with the needs of families, to promote the stability

21 and economic security of families, and to promote

22 national interests in preserving family integrity;

23 (2) to entitle employees to take reasonable leave

24 for medical reasons, for the birth or adoption of a
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1 child, and for the care of a child, spouse, or parent

2 who has a serious health condition;

3 (3) to accomplish the purposes described in

4 paragraphs (1) and (2) in a manner that accommo5 dates the legitimate interests of employers;

6 (4) to accomplish the purposes described in

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

8 with the Equal Protection Clause of the Fourteenth

9 Amendment, minimizes the potential for employment

10 discrimination on the basis of sex by ensuring gen11 erally that leave is available for eligible medical rea12 sons (including maternity-related disability) and for

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

14 and

15 (5) to promote the goal of equal employment

16 opportunity for women and men, pursuant to such

17 clause.

18 TITLE I—GENERAL

19 REQUIREMENTS FOR LEAVE

20 SEC. 101. DEFINITIONS.

21 As used in this title:

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

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

24 activity, business, or industry in commerce or in

25 which a labor dispute would hinder or obstruct com-
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1 merce or the free flow of commerce, and include

2 ‘‘commerce’’ and any ‘‘industry affecting com3 merce’’, as defined in paragraphs (1) and (3) of sec4 tion 501 of the Labor Management Relations Act,

5 1947 (29 U.S.C. 142 (1) and (3)).

6 (2) ELIGIBLE EMPLOYEE.—

7 (A) IN GENERAL.—The term ‘‘eligible em8 ployee’’ means an employee 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 1,250 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 50 employees if

25 the total number of employees employed by
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1 that employer within 75 miles of that

2 worksite is less than 50.

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; EMPLOYEE; STATE.—The terms

10 ‘‘employ’’, ‘‘employee’’, and ‘‘State’’ have the same

11 meanings given such terms in subsections (c), (e),

12 and (g) of section 3 of the Fair Labor Standards

13 Act of 1938 (29 U.S.C. 203 (c), (e), and (g)).

14 (4) EMPLOYER.—

15 (A) IN GENERAL.—The term ‘‘em16 ployer’’—

17 (i) means any person engaged in com18 merce or in any industry or activity affect19 ing commerce who employs 50 or more em20 ployees for each working day during each

21 of 20 or more calendar workweeks in the

22 current or preceding calendar year;

23 (ii) includes—

24 (I) any person who acts, directly

25 or indirectly, in the interest of an em-
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1 ployer to any of the employees of such

2 employer; and

3 (II) any successor in interest of

4 an employer; and

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

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

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

8 (B) PUBLIC AGENCY.—For purposes of

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

10 considered to be a person engaged in commerce

11 or in an industry or activity affecting com12 merce.

13 (5) EMPLOYMENT BENEFITS.—The term ‘‘em14 ployment benefits’’ means all benefits provided or

15 made available to employees by an employer, includ16 ing group life insurance, health insurance, disability

17 insurance, sick leave, annual leave, educational bene18 fits, and pensions, regardless of whether such bene19 fits are provided by a practice or written policy of

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

21 as defined in section 3(3) of the Employee Retire22 ment Income Security Act of 1974 (29 U.S.C.

23 1002(3)).

24 (6) HEALTH CARE PROVIDER.—The term

25 ‘‘health care provider’’ means—
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1 (A) a doctor of medicine or osteopathy who

2 is authorized to practice medicine or surgery

3 (as appropriate) by the State in which the doc4 tor practices; or

5 (B) any other person determined by the

6 Secretary to be capable of providing health care

7 services.

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

9 biological parent of an employee or an individual

10 who stood in loco parentis to an employee when the

11 employee was a son or daughter.

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

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

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

15 (9) REDUCED LEAVE SCHEDULE.—The term

16 ‘‘reduced leave schedule’’ means a leave schedule

17 that reduces the usual number of hours per work18 week, or hours per workday, of an employee.

19 (10) SECRETARY.—The term ‘‘Secretary’’

20 means the Secretary of Labor.

21 (11) SERIOUS HEALTH CONDITION.—The term

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

23 impairment, or physical or mental condition that in24 volves—
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1 (A) inpatient care in a hospital, hospice, or

2 residential medical care facility; or

3 (B) continuing treatment by a health care

4 provider.

5 (12) SON OR DAUGHTER.—The term ‘‘son or

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

7 child, a stepchild, a legal ward, or a child of a per8 son standing in loco parentis, who is—

9 (A) under 18 years of age; or

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

11 of self-care because of a mental or physical dis12 ability.

13 (13) SPOUSE.—The term ‘‘spouse’’ means a

14 husband or wife under the law of any State.

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.
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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
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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) beyond the amount of leave actually taken.

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

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

24 consist of unpaid leave. Where an employee is otherwise

25 exempt under regulations issued by the Secretary pursu-
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1 ant to section 13(a)(1) of the Fair Labor Standards Act

2 of 1938 (29 U.S.C. 213(a)(1)), the compliance of an em3 ployer with this title by providing unpaid leave shall not

4 affect the exempt status of the employee under such sec5 tion.

6 (d) RELATIONSHIP TO PAID LEAVE.—

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

8 paid leave for fewer than 12 workweeks, the addi9 tional weeks of leave necessary to attain the 12

10 workweeks of leave required under this title may be

11 provided without compensation.

12 (2) SUBSTITUTION OF PAID LEAVE.—

13 (A) IN GENERAL.—An eligible employee

14 may elect, or an employer may require the em15 ployee, to substitute any of the accrued paid va16 cation leave, personal leave, or family leave of

17 the employee for leave provided under subpara18 graph (A), (B), or (C) of subsection (a)(1) for

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

20 under such subsection.

21 (B) SERIOUS HEALTH CONDITION.—An el22 igible employee may elect, or an employer may

23 require the employee, to substitute any of the

24 accrued paid vacation leave, personal leave, or

25 medical or sick leave of the employee for leave
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1 provided under subparagraph (C) or (D) of sub2 section (a)(1) for any part of the 12-week pe3 riod of such leave under such subsection, except

4 that nothing in this title shall require an em5 ployer to provide paid sick leave or paid medical

6 leave in any situation in which such employer

7 would not normally provide any such paid leave.

8 (e) FORESEEABLE LEAVE.—

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

10 which the necessity for leave under subparagraph

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

12 on an expected birth or placement, the employee

13 shall provide the employer with not less than 30

14 days’ notice, before the date the leave is to begin, of

15 the employee’s intention to take leave under such

16 subparagraph, except that if the date of the birth or

17 placement requires leave to begin in less than 30

18 days, the employee shall provide such notice as is

19 practicable.

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

21 which the necessity for leave under subparagraph

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

23 on planned medical treatment, the employee—

24 (A) shall make a reasonable effort to

25 schedule the treatment so as not to disrupt un-
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1 duly the operations of the employer, subject to

2 the approval of the health care provider of the

3 employee or the health care provider of the son,

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

5 appropriate; and

6 (B) shall provide the employer with not

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

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

9 take leave under such subparagraph, except

10 that if the date of the treatment requires leave

11 to begin in less than 30 days, the employee

12 shall provide such notice as is practicable.

13 (f) SPOUSES EMPLOYED BY THE SAME EM14 PLOYER.—In any case in which a husband and wife enti15 tled to leave under subsection (a) are employed by the

16 same employer, the aggregate number of workweeks of

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

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

19 taken—

20 (1) under subparagraph (A) or (B) of sub21 section (a)(1); or

22 (2) to care for a sick parent under subpara23 graph (C) of such subsection.
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1 SEC. 103. CERTIFICATION.

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

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

4 102(a)(1) be supported by a certification issued by the

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

6 daughter, spouse, or parent of the employee, as appro7 priate. The employee shall provide, in a timely manner,

8 a copy of such certification to the employer.

9 (b) SUFFICIENT CERTIFICATION.—Certification pro10 vided under subsection (a) shall be sufficient if it states—

11 (1) the date on which the serious health condi12 tion commenced;

13 (2) the probable duration of the condition;

14 (3) the appropriate medical facts within the

15 knowledge of the health care provider regarding the

16 condition;

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

18 102(a)(1)(C), a statement that the eligible employee

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

20 parent and an estimate of the amount of time that

21 such employee is needed to care for the son, daugh22 ter, spouse, or parent; and

23 (B) for purposes of leave under section

24 102(a)(1)(D), a statement that the employee is un25 able to perform the functions of the position of the

26 employee; and
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1 (5) in the case of certification for intermittent

2 leave or leave on a reduced leave schedule for

3 planned medical treatment, the dates on which such

4 treatment is expected to be given and the duration

5 of such treatment.

6 (c) SECOND OPINION.—

7 (1) IN GENERAL.—In any case in which the em8 ployer has reason to doubt the validity of the certifi9 cation provided under subsection (a) for leave under

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

11 employer may require, at the expense of the em12 ployer, that the eligible employee obtain the opinion

13 of a second health care provider designated or ap14 proved by the employer concerning any information

15 certified under subsection (b) for such leave.

16 (2) LIMITATION.—A health care provider des17 ignated or approved under paragraph (1) shall not

18 be employed on a regular basis by the employer.

19 (d) RESOLUTION OF CONFLICTING OPINIONS.—

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

21 second opinion described in subsection (c) differs

22 from the opinion in the original certification pro23 vided under subsection (a), the employer may re24 quire, at the expense of the employer, that the em25 ployee obtain the opinion of a third health care pro-
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1 vider designated or approved jointly by the employer

2 and the employee concerning the information cer3 tified under subsection (b).

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

5 care provider concerning the information certified

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

7 and shall be binding on the employer and the em8 ployee.

9 (e) SUBSEQUENT RECERTIFICATION.—The employer

10 may require that the eligible employee obtain subsequent

11 recertifications on a reasonable basis.

12 SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

13 (a) RESTORATION TO POSITION.—

14 (1) IN GENERAL.—Except as provided in sub15 section (b), any eligible employee who takes leave

16 under section 102 for the intended purpose of the

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

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

19 position of employment held by the employee

20 when the leave commenced; or

21 (B) to be restored to an equivalent position

22 with equivalent employment benefits, pay, and

23 other terms and conditions of employment.

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

25 under section 102 shall not result in the loss of any
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1 employment benefit accrued prior to the date on

2 which the leave commenced.

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

4 be construed to entitle any employee to—

5 (A) the accrual of any seniority or employ6 ment benefits during any period of leave; or

7 (B) any right, benefit, or position of em8 ployment other than any right, benefit, or posi9 tion to which the employee would have been en10 titled had the employee not taken the leave.

11 (4) CERTIFICATION.—As a condition of restora12 tion under paragraph (1) for an employee who has

13 taken leave under section 102(a)(1)(D), the em14 ployer may have a uniformly applied practice or pol15 icy that requires each such employee to receive cer16 tification from the health care provider of the em17 ployee that the employee is able to resume work, ex18 cept that nothing in this paragraph shall supersede

19 a valid State or local law or a collective bargaining

20 agreement that governs the return to work of such

21 employees.

22 (5) CONSTRUCTION.—Nothing in this sub23 section shall be construed to prohibit an employer

24 from requiring an employee on leave under section

25 102 to report periodically to the employer on the
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1 status and intention of the employee to return to

2 work.

3 (b) EXEMPTION CONCERNING CERTAIN HIGHLY

4 COMPENSATED EMPLOYEES.—

5 (1) DENIAL OF RESTORATION.—An employer

6 may deny restoration under subsection (a) to any el7 igible employee described in paragraph (2) if—

8 (A) such denial is necessary to prevent

9 substantial and grievous economic injury to the

10 operations of the employer;

11 (B) the employer notifies the employee of

12 the intent of the employer to deny restoration

13 on such basis at the time the employer deter14 mines that such injury would occur; and

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

16 commenced, the employee elects not to return

17 to employment after receiving such notice.

18 (2) AFFECTED EMPLOYEES.—An eligible em19 ployee described in paragraph (1) is a salaried eligi20 ble employee who is among the highest paid 10 per21 cent of the employees employed by the employer

22 within 75 miles of the facility at which the employee

23 is employed.

24 (c) MAINTENANCE OF HEALTH BENEFITS.—
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1 (1) COVERAGE.—Except as provided in para2 graph (2), during any period that an eligible em3 ployee takes leave under section 102, the employer

4 shall maintain coverage under any ‘‘group health

5 plan’’ (as defined in section 5000(b)(1) of the Inter6 nal Revenue Code of 1986) for the duration of such

7 leave at the level and under the conditions coverage

8 would have been provided if the employee had con9 tinued in employment continuously for the duration

10 of such leave.

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

12 employer may recover the premium that the em13 ployer paid for maintaining coverage for the em14 ployee under such group health plan during any pe15 riod of unpaid leave under section 102 if—

16 (A) the employee fails to return from leave

17 under section 102 after the period of leave to

18 which the employee is entitled has expired; and

19 (B) the employee fails to return to work

20 for a reason other than—

21 (i) the continuation, recurrence, or

22 onset of a serious health condition that en23 titles the employee to leave under subpara24 graph (C) or (D) of section 102(a)(1); or
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1 (ii) other circumstances beyond the

2 control of the employee.

3 (3) CERTIFICATION.—

4 (A) ISSUANCE.—An employer may require

5 that a claim that an employee is unable to re6 turn to work because of the continuation, recur7 rence, or onset of the serious health condition

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

9 by—

10 (i) a certification issued by the health

11 care provider of the son, daughter, spouse,

12 or parent of the employee, as appropriate,

13 in the case of an employee unable to return

14 to work because of a condition specified in

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

16 (ii) a certification issued by the health

17 care provider of the eligible employee, in

18 the case of an employee unable to return

19 to work because of a condition specified in

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

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

22 a timely manner, a copy of such certification to

23 the employer.

24 (C) SUFFICIENCY OF CERTIFICATION.—
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1 (i) LEAVE DUE TO SERIOUS HEALTH

2 CONDITION OF FAMILY MEMBER.—The

3 certification described in subparagraph

4 (A)(i) shall be sufficient if the certification

5 states that the employee is needed to care

6 for the son, daughter, spouse, or parent

7 who has a serious health condition on the

8 date that the leave of the employee ex9 pired.

10 (ii) LEAVE DUE TO SERIOUS HEALTH

11 CONDITION OF EMPLOYEE.—The certifi12 cation described in subparagraph (A)(ii)

13 shall be sufficient if the certification states

14 that a serious health condition prevented

15 the employee from being able to perform

16 the functions of the position of the em17 ployee on the date that the leave of the

18 employee expired.

19 SEC. 105. PROHIBITED ACTS.

20 (a) INTERFERENCE WITH RIGHTS.—

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

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

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

24 provided under this title.
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1 (2) DISCRIMINATION.—It shall be unlawful for

2 any employer to discharge or in any other manner

3 discriminate against any individual for opposing any

4 practice made unlawful by this title.

5 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR6 IES.—It shall be unlawful for any person to discharge or

7 in any other manner discriminate against any individual

8 because such individual—

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

10 caused to be instituted any proceeding, under or re11 lated to this title;

12 (2) has given, or is about to give, any informa13 tion in connection with any inquiry or proceeding re14 lating to any right provided under this title; or

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

16 inquiry or proceeding relating to any right provided

17 under this title.

18 SEC. 106. INVESTIGATIVE AUTHORITY.

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

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

21 under this title, the Secretary shall have, subject to sub22 section (c), the investigative authority provided under sec23 tion 11(a) of the Fair Labor Standards Act of 1938 (29

24 U.S.C. 211(a)).
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1 (b) OBLIGATION TO KEEP AND PRESERVE

2 RECORDS.—Any employer shall make, keep, and preserve

3 records pertaining to compliance with this title in accord4 ance with section 11(c) of the Fair Labor Standards Act

5 of 1938 (29 U.S.C. 211(c)) and in accordance with regula6 tions issued by the Secretary.

7 (c) REQUIRED SUBMISSIONS GENERALLY LIMITED

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

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

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

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

12 unless the Secretary has reasonable cause to believe there

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

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

15 pursuant to section 107(b).

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

17 investigation provided for in this section, the Secretary

18 shall have the subpoena authority provided for under sec19 tion 9 of the Fair Labor Standards Act of 1938 (29

20 U.S.C. 209).

21 SEC. 107. ENFORCEMENT.

22 (a) CIVIL ACTION BY EMPLOYEES.—

23 (1) LIABILITY.—Any employer who violates sec24 tion 105 shall be liable to any eligible employee af25 fected—
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1 (A) for damages equal to—

2 (i) the amount of—

3 (I) any wages, salary, employ4 ment benefits, or other compensation

5 denied or lost to such employee by

6 reason of the violation; or

7 (II) in a case in which wages,

8 salary, employment benefits, or other

9 compensation have not been denied or

10 lost to the employee, any actual mone11 tary losses sustained by the employee

12 as a direct result of the violation, such

13 as the cost of providing care, up to a

14 sum equal to 12 weeks of wages or

15 salary for the employee;

16 (ii) the interest on the amount de17 scribed in clause (i) calculated at the pre18 vailing rate; and

19 (iii) an additional amount as liq20 uidated damages equal to the sum of the

21 amount described in clause (i) and the in22 terest described in clause (ii), except that

23 if an employer who has violated section

24 105 proves to the satisfaction of the court

25 that the act or omission which violated sec-
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1 tion 105 was in good faith and that the

2 employer had reasonable grounds for be3 lieving that the act or omission was not a

4 violation of section 105, such court may, in

5 the discretion of the court, reduce the

6 amount of the liability to the amount and

7 interest determined under clauses (i) and

8 (ii), respectively; and

9 (B) for such equitable relief as may be ap10 propriate, including employment, reinstatement,

11 and promotion.

12 (2) RIGHT OF ACTION.—An action to recover

13 the damages or equitable relief prescribed in para14 graph (1) may be maintained against any employer

15 (including a public agency) in any Federal or State

16 court of competent jurisdiction by any one or more

17 employees for and in behalf of—

18 (A) the employees; or

19 (B) the employees and other employees

20 similarly situated.

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

22 action shall, in addition to any judgment awarded to

23 the plaintiff, allow a reasonable attorney’s fee, rea24 sonable expert witness fees, and other costs of the

25 action to be paid by the defendant.
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1 (4) LIMITATIONS.—The right provided by para2 graph (2) to bring an action by or on behalf of any

3 employee shall terminate—

4 (A) on the filing of a complaint by the Sec5 retary in an action under subsection (d) in

6 which restraint is sought of any further delay

7 in the payment of the amount described in

8 paragraph (1)(A) to such employee by an em9 ployer responsible under paragraph (1) for the

10 payment; or

11 (B) on the filing of a complaint by the Sec12 retary in an action under subsection (b) in

13 which a recovery is sought of the damages de14 scribed in paragraph (1)(A) owing to an eligible

15 employee by an employer liable under para16 graph (1);

17 unless the action described in subparagraph (A) or

18 (B) is dismissed without prejudice on motion of the

19 Secretary.

20 (b) ACTION BY THE SECRETARY.—

21 (1) ADMINISTRATIVE ACTION.—The Secretary

22 shall receive, investigate, and attempt to resolve

23 complaints of violations of section 105 in the same

24 manner that the Secretary receives, investigates, and

25 attempts to resolve complaints of violations of sec-
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1 tions 6 and 7 of the Fair Labor Standards Act of

2 1938 (29 U.S.C. 206 and 207).

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

4 an action in any court of competent jurisdiction to

5 recover the damages described in subsection

6 (a)(1)(A).

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

8 the Secretary pursuant to paragraph (2) shall be

9 held in a special deposit account and shall be paid,

10 on order of the Secretary, directly to each employee

11 affected. Any such sums not paid to an employee be12 cause of inability to do so within a period of 3 years

13 shall be deposited into the Treasury of the United

14 States as miscellaneous receipts.

15 (c) LIMITATION.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), an action may be brought under this sec18 tion not later than 2 years after the date of the last

19 event constituting the alleged violation for which the

20 action is brought.

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

22 action brought for a willful violation of section 105,

23 such action may be brought within 3 years of the

24 date of the last event constituting the alleged viola25 tion for which such action is brought.
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1 (3) COMMENCEMENT.—In determining when an

2 action is commenced by the Secretary under this

3 section for the purposes of this subsection, it shall

4 be considered to be commenced on the date when the

5 complaint is filed.

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

7 district courts of the United States shall have jurisdiction,

8 for cause shown, in an action brought by the Secretary—

9 (1) to restrain violations of section 105, includ10 ing the restraint of any withholding of payment of

11 wages, salary, employment benefits, or other com12 pensation, plus interest, found by the court to be

13 due to eligible employees; or

14 (2) to award such other equitable relief as may

15 be appropriate, including employment, reinstate16 ment, and promotion.

17 (e) SOLICITOR OF LABOR.—The Solicitor of Labor

18 may appear for and represent the Secretary on any litiga19 tion brought under this section.

20 SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF

21 LOCAL EDUCATIONAL AGENCIES.

22 (a) APPLICATION.—

23 (1) IN GENERAL.—Except as otherwise pro24 vided in this section, the rights (including the rights

25 under section 104, which shall extend throughout
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1 the period of leave of any employee under this sec2 tion), remedies, and procedures under this title shall

3 apply to—

4 (A) any ‘‘local educational agency’’ (as de5 fined in section 1471(12) of the Elementary

6 and Secondary Education Act of 1965 (20

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

8 the agency; and

9 (B) any private elementary or secondary

10 school and an eligible employee of the school.

11 (2) DEFINITIONS.—For purposes of the appli12 cation described in paragraph (1):

13 (A) ELIGIBLE EMPLOYEE.—The term ‘‘eli14 gible employee’’ means an eligible employee of

15 an agency or school described in paragraph (1).

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

17 means an agency or school described in para18 graph (1).

19 (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER

20 FEDERAL LAWS.—A local educational agency and a pri21 vate elementary or secondary school shall not be in viola22 tion of the Individuals with Disabilities Education Act (20

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

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

25 Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result
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1 of an eligible employee of such agency or school exercising

2 the rights of such employee under this title.

3 (c) INTERMITTENT LEAVE AND LEAVE ON A RE4 DUCED SCHEDULE FOR INSTRUCTIONAL EMPLOYEES.—

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

6 any case in which an eligible employee employed

7 principally in an instructional capacity by any such

8 educational agency or school requests leave under

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

10 is foreseeable based on planned medical treatment

11 and the employee would be on leave for greater than

12 20 percent of the total number of working days in

13 the period during which the leave would extend, the

14 agency or school may require that such employee

15 elect either—

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

17 duration, not to exceed the duration of the

18 planned medical treatment; or

19 (B) to transfer temporarily to an available

20 alternative position offered by the employer for

21 which the employee is qualified, and that—

22 (i) has equivalent pay and benefits;

23 and
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1 (ii) better accommodates recurring pe2 riods of leave than the regular employment

3 position of the employee.

4 (2) APPLICATION.—The elections described in

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

6 apply only with respect to an eligible employee who

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

8 (d) RULES APPLICABLE TO PERIODS NEAR THE

9 CONCLUSION OF AN ACADEMIC TERM.—The following

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

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

12 employee employed principally in an instructional capacity

13 by any such educational agency or school:

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

15 OF TERM.—If the eligible employee begins leave

16 under section 102 more than 5 weeks prior to the

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

18 require the employee to continue taking leave until

19 the end of such term, if—

20 (A) the leave is of at least 3 weeks dura21 tion; and

22 (B) the return to employment would occur

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

24 term.
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1 (2) LEAVE LESS THAN 5 WEEKS PRIOR TO END

2 OF TERM.—If the eligible employee begins leave

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

4 102(a)(1) during the period that commences 5 weeks

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

6 or school may require the employee to continue tak7 ing leave until the end of such term, if—

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

9 duration; and

10 (B) the return to employment would occur

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

12 term.

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

14 OF TERM.—If the eligible employee begins leave

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

16 102(a)(1) during the period that commences 3 weeks

17 prior to the end of the academic term and the dura18 tion of the leave is greater than 5 working days, the

19 agency or school may require the employee to con20 tinue to take leave until the end of such term.

21 (e) RESTORATION TO EQUIVALENT EMPLOYMENT

22 POSITION.—For purposes of determinations under section

23 104(a)(1)(B) (relating to the restoration of an eligible em24 ployee to an equivalent position), in the case of a local

25 educational agency or a private elementary or secondary
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1 school, such determination shall be made on the basis of

2 established school board policies and practices, private

3 school policies and practices, and collective bargaining

4 agreements.

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

6 a local educational agency or a private elementary or sec7 ondary school that has violated this title proves to the sat8 isfaction of the court that the agency, school, or depart9 ment had reasonable grounds for believing that the under10 lying act or omission was not a violation of this title, such

11 court may, in the discretion of the court, reduce the

12 amount of the liability provided for under section

13 107(a)(1)(A) to the amount and interest determined

14 under clauses (i) and (ii), respectively, of such section.

15 SEC. 109. NOTICE.

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

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

18 employer where notices to employees and applicants for

19 employment are customarily posted, a notice, to be pre20 pared or approved by the Secretary, setting forth excerpts

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

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

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

24 this section may be assessed a civil money penalty not to

25 exceed $100 for each separate offense.
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1 TITLE II—LEAVE FOR CIVIL

2 SERVICE EMPLOYEES

3 SEC. 201. LEAVE REQUIREMENT.

4 (a) CIVIL SERVICE EMPLOYEES.—

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

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

7 following new subchapter:

8 ‘‘SUBCHAPTER V—FAMILY AND MEDICAL

9 LEAVE

10 ‘‘§ 6381. Definitions

11 ‘‘For the purpose of this subchapter—

12 ‘‘(1) the term ‘employee’ means any individual

13 who—

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

15 6301(2), including any individual employed in a

16 position referred to in clause (v) or (ix) of sec17 tion 6301(2), but excluding any individual em18 ployed by the government of the District of Co19 lumbia and any individual employed on a tem20 porary or intermittent basis; and

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

22 service as an employee (within the meaning of

23 subparagraph (A));

24 ‘‘(2) the term ‘health care provider’ means—
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1 ‘‘(A) a doctor of medicine or osteopathy

2 who is authorized to practice medicine or sur3 gery (as appropriate) by the State in which the

4 doctor practices; and

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

6 Director of the Office of Personnel Management

7 to be capable of providing health care services;

8 ‘‘(3) the term ‘parent’ means the biological par9 ent of an employee or an individual who stood in

10 loco parentis to an employee when the employee was

11 a son or daughter;

12 ‘‘(4) the term ‘reduced leave schedule’ means a

13 leave schedule that reduces the usual number of

14 hours per workweek, or hours per workday, of an

15 employee;

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

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

18 condition that involves—

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

20 or residential medical care facility; or

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

22 provider; and

23 ‘‘(6) the term ‘son or daughter’ means a bio24 logical, adopted, or foster child, a stepchild, a legal
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1 ward, or a child of a person standing in loco

2 parentis, who is—

3 ‘‘(A) under 18 years of age; or

4 ‘‘(B) 18 years of age or older and incapa5 ble of self-care because of a mental or physical

6 disability.

7 ‘‘§ 6382. Leave requirement

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

9 be entitled to a total of 12 administrative workweeks of

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

11 following:

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

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

14 or daughter.

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

16 daughter with the employee for adoption or foster

17 care.

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

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

20 son, daughter, or parent has a serious health condi21 tion.

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

23 makes the employee unable to perform the functions

24 of the employee’s position.
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1 ‘‘(2) The entitlement to leave under subparagraph

2 (A) or (B) of paragraph (1) based on the birth or place3 ment of a son or daughter shall expire at the end of the

4 12-month period beginning on the date of such birth or

5 placement.

6 ‘‘(b)(1) Leave under subparagraph (A) or (B) of sub7 section (a)(1) shall not be taken by an employee intermit8 tently or on a reduced leave schedule unless the employee

9 and the employing agency of the employee agree otherwise.

10 Subject to paragraph (2), subsection (e)(2), and section

11 6383(b)(5), leave under subparagraph (C) or (D) of sub12 section (a)(1) may be taken intermittently or on a reduced

13 leave schedule when medically necessary. In the case of

14 an employee who takes leave intermittently or on a re15 duced leave schedule pursuant to this paragraph, any

16 hours of leave so taken by such employee shall be sub17 tracted from the total amount of leave remaining available

18 to such employee under subsection (a), for purposes of the

19 12-month period involved, on an hour-for-hour basis.

20 ‘‘(2) If an employee requests intermittent leave, or

21 leave on a reduced leave schedule, under subparagraph (C)

22 or (D) of subsection (a)(1) that is foreseeable based on

23 planned medical treatment, the employing agency may re24 quire such employee to transfer temporarily to an available
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1 alternative position offered by the employing agency for

2 which the employee is qualified and that—

3 ‘‘(A) has equivalent pay and benefits; and

4 ‘‘(B) better accommodates recurring periods of

5 leave than the regular employment position of the

6 employee.

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

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

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

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

11 (a)(1) any of the employee’s accrued or accumulated an12 nual or sick leave under subchapter I for any part of the

13 12-week period of leave under such subsection, except that

14 nothing in this subchapter shall require an employing

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

16 such employing agency would not normally provide any

17 such paid leave.

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

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

20 foreseeable based on an expected birth or placement, the

21 employee shall provide the employing agency with not less

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

23 of the employee’s intention to take leave under such sub24 paragraph, except that if the date of the birth or place-
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1 ment requires leave to begin in less than 30 days, the em2 ployee shall provide such notice as is practicable.

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

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

5 foreseeable based on planned medical treatment, the em6 ployee—

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

8 the treatment so as not to disrupt unduly the oper9 ations of the employing agency, subject to the ap10 proval of the health care provider of the employee or

11 the health care provider of the son, daughter,

12 spouse, or parent of the employee, as appropriate;

13 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-
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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 or leave on a reduced leave schedule for

24 planned medical treatment, the dates on which such
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1 treatment is expected to be given and the duration

2 of such treatment.

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

4 has reason to doubt the validity of the certification pro5 vided under subsection (a) for leave under subparagraph

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

7 may require, at the expense of the agency, that the em8 ployee obtain the opinion of a second health care provider

9 designated or approved by the employing agency concern10 ing any information certified under subsection (b) for such

11 leave.

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

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

14 basis by the employing agency.

15 ‘‘(d)(1) In any case in which the second opinion de16 scribed in subsection (c) differs from the original certifi17 cation provided under subsection (a), the employing agen18 cy may require, at the expense of the agency, that the em19 ployee obtain the opinion of a third health care provider

20 designated or approved jointly by the employing agency

21 and the employee concerning the information certified

22 under subsection (b).

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

24 concerning the information certified under subsection (b)
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1 shall be considered to be final and shall be binding on the

2 employing agency and the employee.

3 ‘‘(e) The employing agency may require, at the ex4 pense of the agency, that the employee obtain subsequent

5 recertifications on a reasonable basis.

6 ‘‘§ 6384. Employment and benefits protection

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

8 6382 for the intended purpose of the leave shall be enti9 tled, upon return from such leave—

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

11 the position held by the employee when the leave

12 commenced; or

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

14 with equivalent benefits, pay, status, and other

15 terms and conditions of employment.

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

17 result in the loss of any employment benefit accrued prior

18 to the date on which the leave commenced.

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

20 nothing in this section shall be construed to entitle any

21 restored employee to—

22 ‘‘(1) the accrual of any employment benefits

23 during any period of leave; or

24 ‘‘(2) any right, benefit, or position of employ25 ment other than any right, benefit, or position to
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1 which the employee would have been entitled had the

2 employee not taken the leave.

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

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

5 6382(a)(1)(D), the employing agency may have a uni6 formly applied practice or policy that requires each such

7 employee to receive certification from the health care pro8 vider of the employee that the employee is able to resume

9 work.

10 ‘‘(e) Nothing in this section shall be construed to pro11 hibit an employing agency from requiring an employee on

12 leave under section 6382 to report periodically to the em13 ploying agency on the status and intention of the employee

14 to return to work.

15 ‘‘§ 6385. Prohibition of coercion

16 ‘‘(a) An employee shall not directly or indirectly in17 timidate, threaten, or coerce, or attempt to intimidate,

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

19 of interfering with the exercise of any rights which such

20 other employee may have under this subchapter.

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

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

23 includes promising to confer or conferring any bene24 fit (such as appointment, promotion, or compensa25 tion), or taking or threatening to take any reprisal
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1 (such as deprivation of appointment, promotion, or

2 compensation); and

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

4 as defined by section 2105.

5 ‘‘§ 6386. Health insurance

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

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

8 6382 may elect to continue the health benefits enrollment

9 of the employee while in such leave status and arrange

10 to pay currently into the Employees Health Benefits Fund

11 (described in section 8909), the appropriate employee con12 tributions.

13 ‘‘§ 6387. Regulations

14 ‘‘The Office of Personnel Management shall prescribe

15 regulations necessary for the administration of this sub16 chapter. The regulations prescribed under this subchapter

17 shall, to the extent appropriate, be consistent with the reg18 ulations prescribed by the Secretary of Labor to carry out

19 title I of the Family and Medical Leave Act of 1993.’’.

20 (2) TABLE OF CONTENTS.—The table of con21 tents for chapter 63 of title 5, United States Code,

22 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.
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‘‘6387. Regulations.’’.

1 (b) EMPLOYEES PAID FROM NONAPPROPRIATED

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

3 Code, is amended—

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

5 (C); and

6 (2) by adding at the end the following new sub7 paragraph:

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

9 shall be applied so as to construe references to

10 benefit programs to refer to applicable pro11 grams for employees paid from nonappropriated

12 funds; or’’.

13 TITLE III—COMMISSION ON

14 LEAVE

15 SEC. 301. ESTABLISHMENT.

16 There is established a commission to be known as the

17 Commission on Leave (referred to in this title as the

18 ‘‘Commission’’).

19 SEC. 302. DUTIES.

20 The Commission shall—

21 (1) conduct a comprehensive study of—

22 (A) existing and proposed policies relating

23 to leave;
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1 (B) the potential costs, benefits, and im2 pact on productivity of such policies on employ3 ers; and

4 (C) alternative and equivalent State en5 forcement of title I of this Act with respect to

6 employees described in section 108(a); and

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

8 which the Commission first meets, prepare and sub9 mit, to the appropriate Committees of Congress, a

10 report concerning the subjects listed in paragraph

11 (1).

12 SEC. 303. MEMBERSHIP.

13 (a) COMPOSITION.—

14 (1) APPOINTMENTS.—The Commission shall be

15 composed of 12 voting members and 2 ex officio

16 members to be appointed not later than 60 days

17 after the date of the enactment of this Act as fol18 lows:

19 (A) SENATORS.—One Senator shall be ap20 pointed by the Majority Leader of the Senate,

21 and one Senator shall be appointed by the Mi22 nority Leader of the Senate.

23 (B) MEMBERS OF HOUSE OF REPRESENTA24 TIVES.—One Member of the House of Rep25 resentatives shall be appointed by the Speaker
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1 of the House of Representatives, and one Mem2 ber of the House of Representatives shall be ap3 pointed by the Minority Leader of the House of

4 Representatives.

5 (C) ADDITIONAL MEMBERS.—

6 (i) APPOINTMENT.—Two members

7 each shall be appointed by—

8 (I) the Speaker of the House of

9 Representatives;

10 (II) the Majority Leader of the

11 Senate;

12 (III) the Minority Leader of the

13 House of Representatives; and

14 (IV) the Minority Leader of the

15 Senate.

16 (ii) EXPERTISE.—Such members shall

17 be appointed by virtue of demonstrated ex18 pertise in relevant family, temporary dis19 ability, and labor-management issues and

20 shall include representatives of employers.

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

22 Health and Human Services and the Secretary of

23 Labor shall serve on the Commission as nonvoting

24 ex officio members.
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1 (b) VACANCIES.—Any vacancy on the Commission

2 shall be filled in the manner in which the original appoint3 ment was made. The vacancy shall not affect the power

4 of the remaining members to execute the duties of the

5 Commission.

6 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The

7 Commission shall elect a chairperson and a vice chair8 person from among the members of the Commission.

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

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

11 lesser number may constitute a quorum for the purpose

12 of holding hearings.

13 SEC. 304. COMPENSATION.

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

15 without compensation.

16 (b) TRAVEL EXPENSES.—Members of the Commis17 sion shall be allowed reasonable travel expenses, including

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

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

20 Commission.

21 SEC. 305. POWERS.

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

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

24 are appointed, and the Commission shall meet thereafter
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1 on the call of the chairperson or a majority of the mem2 bers.

3 (b) HEARINGS AND SESSIONS.—The Commission

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

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

6 the Commission considers appropriate. The Commission

7 may administer oaths or affirmations to witnesses appear8 ing before it.

9 (c) ACCESS TO INFORMATION.—The Commission

10 may secure directly from any Federal agency information

11 necessary to enable it to carry out this title, if the informa12 tion may be disclosed under section 552 of title 5, United

13 States Code. Subject to the previous sentence, on the re14 quest of the chairperson or vice chairperson of the Com15 mission, the head of such agency shall furnish such infor16 mation to the Commission.

17 (d) 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 (e) 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 serve

24 as the Executive Director of the Commission or assist the

25 Commission in carrying out the duties of the Commission.
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1 Any detail shall not interrupt or otherwise affect the civil

2 service status or privileges of the Federal employee.

3 (f) 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 ANTIDISCRIMINATION

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 or local law that

22 provides greater family or medical leave rights than the

23 rights established under this Act or any amendment made

24 by this Act.
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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 or medical

7 leave rights to employees than the rights established under

8 this Act or any amendment made by this Act.

9 (b) LESS PROTECTIVE.—The rights established for

10 employees 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 title I and this title

23 not later than 120 days after the date of the enactment

24 of this Act.
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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.—
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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
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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 (b)(1) insofar as it applies such section 309

24 to an allegation described in subsection (b)(1)(A), is in25 validated, both such section 309 and subsection (b)(1) in-
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1 sofar as it applies such section 309 to such an allegation,

2 shall have no force and effect, and shall be considered to

3 be invalidated for purposes of section 322 of such Act (2

4 U.S.C. 1221).

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

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

7 office’’ means the office with the final authority de8 scribed in section 301(2) of such Act (2 U.S.C.

9 1201(2)).

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

11 employee’’ means an employee described in subpara12 graph (A) or (B) of section 301(c)(1) of such Act

13 (2 U.S.C. 1201(c)(1)) who has been employed for at

14 least 12 months on other than a temporary or inter15 mittent basis by any employing office.

16 SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.

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

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

19 apply to any employee in an employment position and any

20 employing authority of the House of Representatives.

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

22 section, the remedies and procedures under the Fair Em23 ployment Practices Resolution shall be applied.
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1 (c) DEFINITION.—As used in this section, the term

2 ‘‘Fair Employment Practices Resolution’’ means rule LI

3 of the Rules of the House of Representatives.

Passed the House of Representatives February 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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