H. R. 1

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To grant family and temporary medical leave under certain circumstances.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Family and

Medical Leave Act of 1993’’.

(b) TABLE OF CONTENTS.—The table of contents is 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.

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.

TITLE VI—SENSE OF CONGRESS

Sec. 601. Sense of Congress.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that— (1) the number of single-parent households and two-parent

households in which the single parent or both parents work

is increasing significantly;
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(2) it is important for the development of children and

the family unit that fathers and mothers be able to participate

in early childrearing and the care of family members who

have serious health conditions;

(3) the lack of employment policies to accommodate working

parents can force individuals to choose between job security

and parenting;

(4) there is inadequate job security for employees who

have serious health conditions that prevent them from working

for temporary periods;

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

in our society, the primary responsibility for family caretaking

often falls on women, and such responsibility affects the working lives of women more than it affects the working lives

of men; and

(6) employment standards that apply to one gender only

have serious potential for encouraging employers to discriminate against employees and applicants for employment who

are of that gender.

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

(1) to balance the demands of the workplace with the

needs of families, to promote the stability and economic security

of families, and to promote national interests in preserving

family integrity;

(2) to entitle employees to take reasonable leave for medical

reasons, for the birth or adoption of a child, and for the care

of a child, spouse, or parent who has a serious health condition;

(3) to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the legitimate

interests of employers; (4) to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the Equal Protection Clause of the Fourteenth Amendment, minimizes the

potential for employment discrimination on the basis of sex

by ensuring generally that leave is available for eligible medical

reasons (including maternity-related disability) and for compelling family reasons, on a gender-neutral basis; and (5) to promote the goal of equal employment opportunity

for women and men, pursuant to such clause.

TITLE I—GENERAL REQUIREMENTS

FOR LEAVE

SEC. 101. DEFINITIONS.

As used in this title:

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

activity affecting commerce’’ mean any activity, business, or

industry in commerce or in which a labor dispute would hinder

or obstruct commerce or the free flow of commerce, and include

‘‘commerce’’ and any ‘‘industry affecting commerce’’, as defined

in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).

(2) ELIGIBLE EMPLOYEE.—

(A) IN GENERAL.—The term ‘‘eligible employee’’ means

an employee who has been employed—
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(i) for at least 12 months by the employer with

respect to whom leave is requested under section 102;

and

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

employer during the previous 12-month period.

(B) EXCLUSIONS.—The term ‘‘eligible employee’’ does

not include—

(i) any Federal officer or employee covered under

subchapter V of chapter 63 of title 5, United States

Code (as added by title II of this Act); or

(ii) any employee of an employer who is employed

at a worksite at which such employer employs less

than 50 employees if the total number of employees

employed by that employer within 75 miles of that

worksite is less than 50.

(C) DETERMINATION.—For purposes of determining

whether an employee meets the hours of service requirement specified in subparagraph (A)(ii), the legal standards

established under section 7 of the Fair Labor Standards

Act of 1938 (29 U.S.C. 207) shall apply.

(3) EMPLOY; EMPLOYEE; STATE.—The terms ‘‘employ’’,

‘‘employee’’, and ‘‘State’’ have the same meanings given such

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

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

(4) EMPLOYER.—

(A) IN GENERAL.—The term ‘‘employer’’—

(i) means any person engaged in commerce or in

any industry or activity affecting commerce who

employs 50 or more employees for each working day

during each of 20 or more calendar workweeks in the

current or preceding calendar year;

(ii) includes—

(I) any person who acts, directly or indirectly,

in the interest of an employer to any of the employees of such employer; and

(II) any successor in interest of an employer;

and

(iii) includes any ‘‘public agency’’, as defined in

section 3(x) of the Fair Labor Standards Act of 1938

(29 U.S.C. 203(x)).

(B) PUBLIC AGENCY.—For purposes of subparagraph

(A)(iii), a public agency shall be considered to be a person

engaged in commerce or in an industry or activity affecting

commerce.

(5) EMPLOYMENT BENEFITS.—The term ‘‘employment benefits’’ means all benefits provided or made available to employees

by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational

benefits, and pensions, regardless of whether such benefits

are provided by a practice or written policy of an employer

or through an ‘‘employee benefit plan’’, as defined in section

3(3) of the Employee Retirement Income Security Act of 1974

(29 U.S.C. 1002(3)).

(6) HEALTH CARE PROVIDER.—The term ‘‘health care provider’’ means—
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(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by

the State in which the doctor practices; or

(B) any other person determined by the Secretary to

be capable of providing health care services.

(7) PARENT.—The term ‘‘parent’’ means the biological parent of an employee or an individual who stood in loco parentis

to an employee when the employee was a son or daughter.

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

given such term in section 3(a) of the Fair Labor Standards

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

(9) REDUCED LEAVE SCHEDULE.—The term ‘‘reduced leave

schedule’’ means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an

employee.

(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor.

(11) SERIOUS HEALTH CONDITION.—The term ‘‘serious health

condition’’ means an illness, injury, impairment, or physical

or mental condition that involves—

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

medical care facility; or

(B) continuing treatment by a health care provider.

(12) SON OR DAUGHTER.—The term ‘‘son or daughter’’ means

a biological, adopted, or foster child, a stepchild, a legal ward,

or a child of a person standing in loco parentis, who is—

(A) under 18 years of age; or

(B) 18 years of age or older and incapable of selfcare because of a mental or physical disability.

(13) SPOUSE.—The term ‘‘spouse’’ means a husband or wife,

as the case may be.

SEC. 102. LEAVE REQUIREMENT.

(a) IN GENERAL.— (1) ENTITLEMENT TO LEAVE.—Subject to section 103, an

eligible employee shall be entitled to a total of 12 workweeks

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

following:(A) Because of the birth of a son or daughter of the

employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter

with the employee for adoption or foster care. (C) In order to care for the spouse, or a son, daughter,

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

or parent has a serious health condition.

(D) Because of a serious health condition that makes

the employee unable to perform the functions of the position

of such employee.

(2) EXPIRATION OF ENTITLEMENT.—The entitlement to leave

under subparagraphs (A) and (B) of paragraph (1) for a birth

or placement of a son or daughter shall expire at the end

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

or placement.

(b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE

SCHEDULE.—

(1) IN GENERAL.—Leave under subparagraph (A) or (B)

of subsection (a)(1) shall not be taken by an employee intermit-
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tently or on a reduced leave schedule unless the employee

and the employer of the employee agree otherwise. Subject

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

under subparagraph (C) or (D) of subsection (a)(1) may be

taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a

reduced leave schedule pursuant to this paragraph shall not

result in a reduction in the total amount of leave to which

the employee is entitled under subsection (a) beyond the amount

of leave actually taken.

(2) ALTERNATIVE POSITION.—If an employee requests intermittent leave, or leave on a reduced leave schedule, under

subparagraph (C) or (D) of subsection (a)(1), that is foreseeable

based on planned medical treatment, the employer may require

such employee to transfer temporarily to an available alternative position offered by the employer for which the employee

is qualified and that—

(A) has equivalent pay and benefits; and

(B) better accommodates recurring periods of leave

than the regular employment position of the employee.

(c) UNPAID LEAVE PERMITTED.—Except as provided in subsection (d), leave granted under subsection (a) may consist of unpaid

leave. Where an employee is otherwise exempt under regulations

issued by the Secretary pursuant to section 13(a)(1) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), the compliance

of an employer with this title by providing unpaid leave shall

not affect the exempt status of the employee under such section.

(d) RELATIONSHIP TO PAID LEAVE.— (1) UNPAID LEAVE.—If an employer provides paid leave

for fewer than 12 workweeks, the additional weeks of leave

necessary to attain the 12 workweeks of leave required under

this title may be provided without compensation. (2) SUBSTITUTION OF PAID LEAVE.— (A) IN GENERAL.—An eligible employee may elect, or

an employer may require the employee, to substitute any

of the accrued paid vacation leave, personal leave, or family

leave of the employee for leave provided under subparagraph (A), (B), or (C) of subsection (a)(1) for any part

of the 12-week period of such leave under such subsection.

(B) SERIOUS HEALTH CONDITION.—An eligible employee

may elect, or an employer may require the employee, to

substitute any of the accrued paid vacation leave, personal

leave, or medical or sick leave of the employee for leave

provided under subparagraph (C) or (D) of subsection (a)(1)

for any part of the 12-week period of such leave under

such subsection, except that nothing in this title shall

require an employer to provide paid sick leave or paid

medical leave in any situation in which such employer

would not normally provide any such paid leave.

(e) FORESEEABLE LEAVE.—

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

necessity for leave under subparagraph (A) or (B) of subsection

(a)(1) is foreseeable based on an expected birth or placement,

the employee shall provide the employer with not less than

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

employee’s intention to take leave under such subparagraph,

except that if the date of the birth or placement requires
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leave to begin in less than 30 days, the employee shall provide

such notice as is practicable.

(2) DUTIES OF EMPLOYEE.—In any case in which the necessity for leave under subparagraph (C) or (D) of subsection

(a)(1) is foreseeable based on planned medical treatment, the

employee—

(A) shall make a reasonable effort to schedule the

treatment so as not to disrupt unduly the operations of

the employer, subject to the approval of the health care

provider of the employee or the health care provider of

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

appropriate; and

(B) shall provide the employer with not less than 30

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

employee’s intention to take leave under such subparagraph, except that if the date of the treatment requires

leave to begin in less than 30 days, the employee shall

provide such notice as is practicable.

(f) SPOUSES EMPLOYED BY THE SAME EMPLOYER.—In any case

in which a husband and wife entitled to leave under subsection

(a) are employed by the same employer, the aggregate number

of workweeks of leave to which both may be entitled may be

limited to 12 workweeks during any 12-month period, if such leave

is taken—

(1) under subparagraph (A) or (B) of subsection (a)(1);

or

(2) to care for a sick parent under subparagraph (C) of

such subsection.

SEC. 103. CERTIFICATION.

(a) IN GENERAL.—An employer may require that a request for leave under subparagraph (C) or (D) of section 102(a)(1) be

supported by a certification issued by the health care provider

of the eligible employee or of the son, daughter, spouse, or parent

of the employee, as appropriate. The employee shall provide, in

a timely manner, a copy of such certification to the employer. (b) SUFFICIENT CERTIFICATION.—Certification provided under

subsection (a) shall be sufficient if it states—

(1) the date on which the serious health condition commenced;

(2) the probable duration of the condition;

(3) the appropriate medical facts within the knowledge

of the health care provider regarding the condition; (4)(A) for purposes of leave under section 102(a)(1)(C), a

statement that the eligible employee is needed to care for

the son, daughter, spouse, or parent and an estimate of the

amount of time that such employee is needed to care for the

son, daughter, spouse, or parent; and

(B) for purposes of leave under section 102(a)(1)(D), a statement that the employee is unable to perform the functions

of the position of the employee;

(5) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be

given and the duration of such treatment;

(6) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, under section 102(a)(1)(D),
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a statement of the medical necessity for the intermittent leave

or leave on a reduced leave schedule, and the expected duration

of the intermittent leave or reduced leave schedule; and

(7) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, under section 102(a)(1)(C),

a statement that the employee’s intermittent leave or leave

on a reduced leave schedule is necessary for the care of the

son, daughter, parent, or spouse who has a serious health

condition, or will assist in their recovery, and the expected

duration and schedule of the intermittent leave or reduced

leave schedule.

(c) SECOND OPINION.—

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

reason to doubt the validity of the certification provided under

subsection (a) for leave under subparagraph (C) or (D) of section

102(a)(1), the employer may require, at the expense of the

employer, that the eligible employee obtain the opinion of a

second health care provider designated or approved by the

employer concerning any information certified under subsection

(b) for such leave.

(2) LIMITATION.—A health care provider designated or

approved under paragraph (1) shall not be employed on a

regular basis by the employer.

(d) RESOLUTION OF CONFLICTING OPINIONS.—

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

described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer

may require, at the expense of the employer, that the employee

obtain the opinion of a third health care provider designated

or approved jointly by the employer and the employee concerning the information certified under subsection (b).

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

concerning the information certified under subsection (b) shall

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

and the employee.

(e) SUBSEQUENT RECERTIFICATION.—The employer may require

that the eligible employee obtain subsequent recertifications on

a reasonable basis.

SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

(a) RESTORATION TO POSITION.—

(1) IN GENERAL.—Except as provided in subsection (b), any

eligible employee who takes leave under section 102 for the

intended purpose of the leave shall be entitled, on return from

such leave—

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

of employment held by the employee when the leave commenced; or

(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

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

102 shall not result in the loss of any employment benefit

accrued prior to the date on which the leave commenced.

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

to entitle any restored employee to—
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(A) the accrual of any seniority or employment benefits

during any period of leave; or

(B) any right, benefit, or position of employment other

than any right, benefit, or position to which the employee

would have been entitled had the employee not taken the

leave.

(4) CERTIFICATION.—As a condition of restoration under

paragraph (1) for an employee who has taken leave under

section 102(a)(1)(D), the employer may have a uniformly applied

practice or policy that requires each such employee to receive

certification from the health care provider of the employee

that the employee is able to resume work, except that nothing

in this paragraph shall supersede a valid State or local law

or a collective bargaining agreement that governs the return

to work of such employees.

(5) CONSTRUCTION.—Nothing in this subsection shall be

construed to prohibit an employer from requiring an employee

on leave under section 102 to report periodically to the employer

on the status and intention of the employee to return to work.

(b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED

EMPLOYEES.—

(1) DENIAL OF RESTORATION.—An employer may deny restoration under subsection (a) to any eligible employee described

in paragraph (2) if—

(A) such denial is necessary to prevent substantial

and grievous economic injury to the operations of the

employer;

(B) the employer notifies the employee of the intent

of the employer to deny restoration on such basis at the

time the employer determines that such injury would occur;

and

(C) in any case in which the leave has commenced,

the employee elects not to return to employment after

receiving such notice.

(2) AFFECTED EMPLOYEES.—An eligible employee described in paragraph (1) is a salaried eligible employee who is among

the highest paid 10 percent of the employees employed by

the employer within 75 miles of the facility at which the

employee is employed.

(c) MAINTENANCE OF HEALTH BENEFITS.— (1) COVERAGE.—Except as provided in paragraph (2), during any period that an eligible employee takes leave under

section 102, the employer shall maintain coverage under any

‘‘group health plan’’ (as defined in section 5000(b)(1) of the

Internal Revenue Code of 1986) for the duration of such leave

at the level and under the conditions coverage would have

been provided if the employee had continued in employment

continuously for the duration of such leave.

(2) FAILURE TO RETURN FROM LEAVE.—The employer may

recover the premium that the employer paid for maintaining

coverage for the employee under such group health plan during

any period of unpaid leave under section 102 if—

(A) the employee fails to return from leave under section 102 after the period of leave to which the employee

is entitled has expired; and

(B) the employee fails to return to work for a reason

other than—
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(i) the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave

under subparagraph (C) or (D) of section 102(a)(1);

or

(ii) other circumstances beyond the control of the

employee.

(3) CERTIFICATION.—

(A) ISSUANCE.—An employer may require that a claim

that an employee is unable to return to work because

of the continuation, recurrence, or onset of the serious

health condition described in paragraph (2)(B)(i) be supported by—

(i) a certification issued by the health care provider

of the son, daughter, spouse, or parent of the employee,

as appropriate, in the case of an employee unable

to return to work because of a condition specified in

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

(ii) a certification issued by the health care provider of the eligible employee, in the case of an

employee unable to return to work because of a condition specified in section 102(a)(1)(D).

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

manner, a copy of such certification to the employer.

(C) SUFFICIENCY OF CERTIFICATION.—

(i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF

EMPLOYEE.—The certification described in subparagraph (A)(ii) shall be sufficient if the certification states

that a serious health condition prevented the employee

from being able to perform the functions of the position

of the employee on the date that the leave of the

employee expired.

(ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF

FAMILY MEMBER.—The certification described in

subparagraph (A)(i) shall be sufficient if the certification states that the employee is needed to care for

the son, daughter, spouse, or parent who has a serious

health condition on the date that the leave of the

employee expired.

SEC. 105. PROHIBITED ACTS.

(a) INTERFERENCE WITH RIGHTS.—

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

employer to interfere with, restrain, or deny the exercise of

or the attempt to exercise, any right provided under this title.

(2) DISCRIMINATION.—It shall be unlawful for any employer

to discharge or in any other manner discriminate against any

individual for opposing any practice made unlawful by this

title.

(b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.—It shall

be unlawful for any person to discharge or in any other manner

discriminate against any individual because such individual—

(1) has filed any charge, or has instituted or caused to

be instituted any proceeding, under or related to this title;

(2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or
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(3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title.

SEC. 106. INVESTIGATIVE AUTHORITY.

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

of this title, or any regulation or order issued under this title,

the Secretary shall have, subject to subsection (c), the investigative

authority provided under section 11(a) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 211(a)).

(b) OBLIGATION TO KEEP AND PRESERVE RECORDS.—Any employer shall make, keep, and preserve records pertaining to

compliance with this title in accordance with section 11(c) of the

Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by the Secretary. (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL

BASIS.—The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit

to the Secretary any books or records more than once during any

12-month period, unless the Secretary has reasonable cause to

believe there may exist a violation of this title or any regulation

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

pursuant to section 107(b). (d) SUBPOENA POWERS.—For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena

authority provided for under section 9 of the Fair Labor Standards

Act of 1938 (29 U.S.C. 209).

SEC. 107. ENFORCEMENT.

(a) CIVIL ACTION BY EMPLOYEES.— (1) LIABILITY.—Any employer who violates section 105 shall be liable to any eligible employee affected— (A) for damages equal to— (i) the amount of—

(I) any wages, salary, employment benefits, or other compensation denied or lost to such

employee by reason of the violation; or (II) in a case in which wages, salary, employ- ment benefits, or other compensation have not

been denied or lost to the employee, any actual

monetary losses sustained by the employee as a

direct result of the violation, such as the cost of

providing care, up to a sum equal to 12 weeks

of wages or salary for the employee;

(ii) the interest on the amount described in clause

(i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause

(i) and the interest described in clause (ii), except

that if an employer who has violated section 105 proves

to the satisfaction of the court that the act or omission

which violated section 105 was in good faith and that

the employer had reasonable grounds for believing that

the act or omission was not a violation of section 105,

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

the amount of the liability to the amount and interest

determined under clauses (i) and (ii), respectively; and

(B) for such equitable relief as may be appropriate,

including employment, reinstatement, and promotion.
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(2) RIGHT OF ACTION.—An action to recover the damages

or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in

any Federal or State court of competent jurisdiction by any

one or more employees for and in behalf of—

(A) the employees; or

(B) the employees and other employees similarly situated.

(3) FEES AND COSTS.—The court in such an action shall,

in addition to any judgment awarded to the plaintiff, allow

a reasonable attorney’s fee, reasonable expert witness fees,

and other costs of the action to be paid by the defendant.

(4) LIMITATIONS.—The right provided by paragraph (2) to

bring an action by or on behalf of any employee shall

terminate—

(A) on the filing of a complaint by the Secretary in

an action under subsection (d) in which restraint is sought

of any further delay in the payment of the amount

described in paragraph (1)(A) to such employee by an

employer responsible under paragraph (1) for the payment;

or

(B) on the filing of a complaint by the Secretary in

an action under subsection (b) in which a recovery is sought

of the damages described in paragraph (1)(A) owing to

an eligible employee by an employer liable under paragraph

(1),

unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary.

(b) ACTION BY THE SECRETARY.—

(1) ADMINISTRATIVE ACTION.—The Secretary shall receive,

investigate, and attempt to resolve complaints of violations

of section 105 in the same manner that the Secretary receives,

investigates, and attempts to resolve complaints of violations

of sections 6 and 7 of the Fair Labor Standards Act of 1938

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

(2) CIVIL ACTION.—The Secretary may bring an action in

any court of competent jurisdiction to recover the damages

described in subsection (a)(1)(A).

(3) SUMS RECOVERED.—Any sums recovered by the Secretary pursuant to paragraph (2) shall be held in a special

deposit account and shall be paid, on order of the Secretary,

directly to each employee affected. Any such sums not paid

to an employee because of inability to do so within a period

of 3 years shall be deposited into the Treasury of the United

States as miscellaneous receipts.

(c) LIMITATION.—

(1) IN GENERAL.—Except as provided in paragraph (2), an

action may be brought under this section not later than 2

years after the date of the last event constituting the alleged

violation for which the action is brought.

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

for a willful violation of section 105, such action may be brought

within 3 years of the date of the last event constituting the

alleged violation for which such action is brought.

(3) COMMENCEMENT.—In determining when an action is

commenced by the Secretary under this section for the purposes
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of this subsection, it shall be considered to be commenced

on the date when the complaint is filed.

(d) ACTION FOR INJUNCTION BY SECRETARY.—The district courts

of the United States shall have jurisdiction, for cause shown, in

an action brought by the Secretary—

(1) to restrain violations of section 105, including the

restraint of any withholding of payment of wages, salary,

employment benefits, or other compensation, plus interest,

found by the court to be due to eligible employees; or

(2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.

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

for and represent the Secretary on any litigation brought under

this section.

SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL AGENCIES.

(a) APPLICATION.—

(1) IN GENERAL.—Except as otherwise provided in this section, the rights (including the rights under section 104, which

shall extend throughout the period of leave of any employee

under this section), remedies, and procedures under this title

shall apply to—

(A) any ‘‘local educational agency’’ (as defined in section

1471(12) of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 2891(12))) and an eligible employee

of the agency; and

(B) any private elementary or secondary school and

an eligible employee of the school.

(2) DEFINITIONS.—For purposes of the application described

in paragraph (1):

(A) ELIGIBLE EMPLOYEE.—The term ‘‘eligible employee’’

means an eligible employee of an agency or school described

in paragraph (1).

(B) EMPLOYER.—The term ‘‘employer’’ means an agency

or school described in paragraph (1).

(b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS.—

A local educational agency and a private elementary or secondary

school shall not be in violation of the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title VI of the Civil Rights

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

eligible employee of such agency or school exercising the rights

of such employee under this title.

(c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE

FOR INSTRUCTIONAL EMPLOYEES.—

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

in which an eligible employee employed principally in an

instructional capacity by any such educational agency or school

requests leave under subparagraph (C) or (D) of section

102(a)(1) that is foreseeable based on planned medical treatment and the employee would be on leave for greater than

20 percent of the total number of working days in the period

during which the leave would extend, the agency or school

may require that such employee elect either—
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(A) to take leave for periods of a particular duration,

not to exceed the duration of the planned medical treatment; or

(B) to transfer temporarily to an available alternative

position offered by the employer for which the employee

is qualified, and that—

(i) has equivalent pay and benefits; and

(ii) better accommodates recurring periods of leave

than the regular employment position of the employee.

(2) APPLICATION.—The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with

respect to an eligible employee who complies with section

102(e)(2).

(d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF

AN ACADEMIC TERM.—The following rules shall apply with respect

to periods of leave near the conclusion of an academic term in

the case of any eligible employee employed principally in an instructional capacity by any such educational agency or school:

(1) LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.—

If the eligible employee begins leave under section 102 more

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

or school may require the employee to continue taking leave

until the end of such term, if—

(A) the leave is of at least 3 weeks duration; and

(B) the return to employment would occur during the

3-week period before the end of such term.

(2) LEAVE LESS THAN 5 WEEKS PRIOR TO END OF TERM.—

If the eligible employee begins leave under subparagraph (A),

(B), or (C) of section 102(a)(1) during the period that commences

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

or school may require the employee to continue taking leave

until the end of such term, if—

(A) the leave is of greater than 2 weeks duration;

and

(B) the return to employment would occur during the

2-week period before the end of such term.

(3) LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.— If the eligible employee begins leave under subparagraph (A),

(B), or (C) of section 102(a)(1) during the period that commences

3 weeks prior to the end of the academic term and the duration

of the leave is greater than 5 working days, the agency or

school may require the employee to continue to take leave

until the end of such term.

(e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.—For

purposes of determinations under section 104(a)(1)(B) (relating to

the restoration of an eligible employee to an equivalent position),

in the case of a local educational agency or a private elementary

or secondary school, such determination shall be made on the basis

of established school board policies and practices, private school

policies and practices, and collective bargaining agreements.

(f) REDUCTION OF THE AMOUNT OF LIABILITY.—If a local educational agency or a private elementary or secondary school that

has violated this title proves to the satisfaction of the court that

the agency, school, or department had reasonable grounds for believing that the underlying act or omission was not a violation of

this title, such court may, in the discretion of the court, reduce

the amount of the liability provided for under section 107(a)(1)(A)
H. R. 1—14

to the amount and interest determined under clauses (i) and (ii),

respectively, of such section.

SEC. 109. NOTICE.

(a) IN GENERAL.—Each employer shall post and keep posted,

in conspicuous places on the premises of the employer where notices

to employees and applicants for employment are customarily posted,

a notice, to be prepared or approved by the Secretary, setting

forth excerpts from, or summaries of, the pertinent provisions of

this title and information pertaining to the filing of a charge. (b) PENALTY.—Any employer that willfully violates this section

may be assessed a civil money penalty not to exceed $100 for

each separate offense.

TITLE II—LEAVE FOR CIVIL SERVICE

EMPLOYEES

SEC. 201. LEAVE REQUIREMENT.

(a) CIVIL SERVICE EMPLOYEES.—

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

is amended by adding at the end the following new subchapter:

‘‘SUBCHAPTER V—FAMILY AND MEDICAL LEAVE

‘‘§ 6381. Definitions

‘‘For the purpose of this subchapter—

‘‘(1) the term ‘employee’ means any individual who—

‘‘(A) is an ‘employee’, as defined by section 6301(2),

including any individual employed in a position referred

to in clause (v) or (ix) of section 6301(2), but excluding

any individual employed by the government of the District

of Columbia and any individual employed on a temporary

or intermittent basis; and

‘‘(B) has completed at least 12 months of service as

an employee (within the meaning of subparagraph (A));

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

‘‘(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by

the State in which the doctor practices; and

‘‘(B) any other person determined by the Director of

the Office of Personnel Management to be capable of providing health care services;

‘‘(3) the term ‘parent’ means the biological parent of an

employee or an individual who stood in loco parentis to an

employee when the employee was a son or daughter;

‘‘(4) the term ‘reduced leave schedule’ means a leave schedule that reduces the usual number of hours per workweek,

or hours per workday, of an employee;

‘‘(5) the term ‘serious health condition’ means an illness,

injury, impairment, or physical or mental condition that

involves—

‘‘(A) inpatient care in a hospital, hospice, or residential

medical care facility; or

‘‘(B) continuing treatment by a health care provider;

and
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‘‘(6) the term ‘son or daughter’ means a biological, adopted,

or foster child, a stepchild, a legal ward, or a child of a person

standing in loco parentis, who is—

‘‘(A) under 18 years of age; or

‘‘(B) 18 years of age or older and incapable of selfcare because of a mental or physical disability.

‘‘§ 6382. Leave requirement

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

to a total of 12 administrative workweeks of leave during any

12-month period for one or more of the following:

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

employee and in order to care for such son or daughter.

‘‘(B) Because of the placement of a son or daughter with

the employee for adoption or foster care.

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

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

parent has a serious health condition.

‘‘(D) Because of a serious health condition that makes the

employee unable to perform the functions of the employee’s

position.

‘‘(2) The entitlement to leave under subparagraph (A) or (B)

of paragraph (1) based on the birth or placement of a son or

daughter shall expire at the end of the 12-month period beginning

on the date of such birth or placement.

‘‘(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1)

shall not be taken by an employee intermittently or on a reduced

leave schedule unless the employee and the employing agency of

the employee agree otherwise. Subject to paragraph (2), subsection

(e)(2), and section 6383(b)(5), leave under subparagraph (C) or

(D) of subsection (a)(1) may be taken intermittently or on a reduced

leave schedule when medically necessary. In the case of an employee

who takes leave intermittently or on a reduced leave schedule

pursuant to this paragraph, any hours of leave so taken by such

employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes

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

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

a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1), that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer

temporarily to an available alternative position offered by the

employing agency for which the employee is qualified and that—

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

‘‘(B) better accommodates recurring periods of leave than

the regular employment position of the employee.

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

subsection (a) shall be leave without pay.

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

subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the

employee’s accrued or accumulated annual or sick leave under

subchapter I for any part of the 12-week period of leave under

such subsection, except that nothing in this subchapter shall require

an employing agency to provide paid sick leave in any situation

in which such employing agency would not normally provide any

such paid leave.
H. R. 1—16

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

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

on an expected birth or placement, the employee shall provide

the employing agency with not less than 30 days’ notice, before

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

leave under such subparagraph, except that if the date of the

birth or placement requires leave to begin in less than 30 days,

the employee shall provide such notice as is practicable.

‘‘(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on planned

medical treatment, the employee—

‘‘(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider

of the employee or the health care provider of the son, daughter,

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

‘‘(B) shall provide the employing agency with not less than

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

employee’s intention to take leave under such subparagraph,

except that if the date of the treatment requires leave to begin

in less than 30 days, the employee shall provide such notice

as is practicable.

‘‘§ 6383. Certification

‘‘(a) An employing agency may require that a request for leave

under subparagraph (C) or (D) of section 6382(a)(1) be supported

by certification issued by the health care provider of the employee

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

appropriate. The employee shall provide, in a timely manner, a

copy of such certification to the employing agency.

‘‘(b) A certification provided under subsection (a) shall be sufficient if it states—

‘‘(1) the date on which the serious health condition commenced;

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

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

of the health care provider regarding the condition;

‘‘(4)(A) for purposes of leave under section 6382(a)(1)(C),

a statement that the employee is needed to care for the son,

daughter, spouse, or parent, and an estimate of the amount

of time that such employee is needed to care for such son,

daughter, spouse, or parent; and

‘‘(B) for purposes of leave under section 6382(a)(1)(D), a

statement that the employee is unable to perform the functions

of the position of the employee; and

‘‘(5) in the case of certification for intermittent leave, or

leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be

given and the duration of such treatment.

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

to doubt the validity of the certification provided under subsection

(a) for leave under subparagraph (C) or (D) of section 6382(a)(1),

the employing agency may require, at the expense of the agency,

that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning

any information certified under subsection (b) for such leave.
H. R. 1—17

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

paragraph (1) shall not be employed on a regular basis by the

employing agency.

‘‘(d)(1) In any case in which the second opinion described in

subsection (c) differs from the original certification provided under

subsection (a), the employing agency may require, at the expense

of the agency, that the employee obtain the opinion of a third

health care provider designated or approved jointly by the employing agency and the employee concerning the information certified

under subsection (b).

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

the information certified under subsection (b) shall be considered

to be final and shall be binding on the employing agency and

the employee.

‘‘(e) The employing agency may require, at the expense of

the agency, that the employee obtain subsequent recertifications

on a reasonable basis.

‘‘§ 6384. Employment and benefits protection

‘‘(a) Any employee who takes leave under section 6382 for

the intended purpose of the leave shall be entitled, upon return

from such leave—

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

held by the employee when the leave commenced; or

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

benefits, pay, status, and other terms and conditions of employment.

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

in the loss of any employment benefit accrued prior to the date

on which the leave commenced.

‘‘(c) Except as otherwise provided by or under law, nothing

in this section shall be construed to entitle any restored employee

to—

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

period of leave; or

‘‘(2) any right, benefit, or position of employment other

than any right, benefit, or position to which the employee

would have been entitled had the employee not taken the

leave.

‘‘(d) As a condition to restoration under subsection (a) for an

employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that

requires each such employee to receive certification from the health

care provider of the employee that the employee is able to resume

work.

‘‘(e) Nothing in this section shall be construed to prohibit an

employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the

status and intention of the employee to return to work.

‘‘§ 6385. Prohibition of coercion

‘‘(a) An employee shall not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce,

any other employee for the purpose of interfering with the exercise

of any rights which such other employee may have under this

subchapter.

‘‘(b) For the purpose of this section—
H. R. 1—18

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

promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening

to take any reprisal (such as deprivation of appointment, promotion, or compensation); and

‘‘(2) the term ‘employee’ means any ‘employee’, as defined

by section 2105.

‘‘§ 6386. Health insurance

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

89 who is placed in a leave status under section 6382 may elect

to continue the health benefits enrollment of the employee while

in such leave status and arrange to pay currently into the Employees Health Benefits Fund (described in section 8909), the appropriate employee contributions.

‘‘§ 6387. Regulations

‘‘The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical

Leave Act of 1993.’’.

(2) TABLE OF CONTENTS.—The table of contents for chapter

63 of title 5, United States Code, 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.’’.

(b) EMPLOYEES PAID FROM NONAPPROPRIATED FUNDS.—Section

2105(c)(1) of title 5, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (C); and

(2) by adding at the end the following new subparagraph: ‘‘(E) subchapter V of chapter 63, which shall be applied

so as to construe references to benefit programs to refer

to applicable programs for employees paid from

nonappropriated funds; or’’.

TITLE III—COMMISSION ON LEAVE

SEC. 301. ESTABLISHMENT.

There is established a commission to be known as the Commission on Leave (referred to in this title as the ‘‘Commission’’).

SEC. 302. DUTIES.

The Commission shall—

(1) conduct a comprehensive study of—

(A) existing and proposed mandatory and voluntary

policies relating to family and temporary medical leave,

including policies provided by employers not covered under

this Act;
H. R. 1—19

(B) the potential costs, benefits, and impact on

productivity, job creation and business growth of such policies on employers and employees;

(C) possible differences in costs, benefits, and impact

on productivity, job creation and business growth of such

policies on employers based on business type and size;

(D) the impact of family and medical leave policies

on the availability of employee benefits provided by employers, including employers not covered under this Act;

(E) alternate and equivalent State enforcement of title

I with respect to employees described in section 108(a);

(F) methods used by employers to reduce administrative costs of implementing family and medical leave policies;

(G) the ability of the employers to recover, under section 104(c)(2), the premiums described in such section;

and

(H) the impact on employers and employees of policies

that provide temporary wage replacement during periods

of family and medical leave.

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

Commission first meets, prepare and submit, to the appropriate

Committees of Congress, a report concerning the subjects listed

in paragraph (1).

SEC. 303. MEMBERSHIP.

(a) COMPOSITION.—

(1) APPOINTMENTS.—The Commission shall be composed

of 12 voting members and 4 ex officio members to be appointed

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

this Act as follows:

(A) SENATORS.—One Senator shall be appointed by

the Majority Leader of the Senate, and one Senator shall

be appointed by the Minority Leader of the Senate. (B) MEMBERS OF HOUSE OF REPRESENTATIVES.—One

Member of the House of Representatives shall be appointed

by the Speaker of the House of Representatives, and one

Member of the House of Representatives shall be appointed

by the Minority Leader of the House of Representatives. (C) ADDITIONAL MEMBERS.— (i) APPOINTMENT.—Two members each shall be

appointed by— (I) the Speaker of the House of Representatives;

(II) the Majority Leader of the Senate;

(III) the Minority Leader of the House of Representatives; and

(IV) the Minority Leader of the Senate.

(ii) EXPERTISE.—Such members shall be appointed

by virtue of demonstrated expertise in relevant family,

temporary disability, and labor management issues.

Such members shall include representatives of employers, including employers from large businesses and

from small businesses.

(2) EX OFFICIO MEMBERS.—The Secretary of Health and

Human Services, the Secretary of Labor, the Secretary of Commerce, and the Administrator of the Small Business Adminis-
H. R. 1—20

tration shall serve on the Commission as nonvoting ex officio

members.

(b) VACANCIES.—Any vacancy on the Commission shall be filled

in the manner in which the original appointment was made. The

vacancy shall not affect the power of the remaining members to

execute the duties of the Commission.

(c) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission

shall elect a chairperson and a vice chairperson from among the

members of the Commission.

(d) QUORUM.—Eight members of the Commission shall constitute a quorum for all purposes, except that a lesser number

may constitute a quorum for the purpose of holding hearings.

SEC. 304. COMPENSATION.

(a) PAY.—Members of the Commission shall serve without compensation.

(b) TRAVEL EXPENSES.—Members of the Commission shall be

allowed reasonable travel expenses, including a per diem allowance,

in accordance with section 5703 of title 5, United States Code,

when performing duties of the Commission.

SEC. 305. POWERS.

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

30 days after the date on which all members are appointed, and

the Commission shall meet thereafter on the call of the chairperson

or a majority of the members.

(b) HEARINGS AND SESSIONS.—The Commission may hold such

hearings, sit and act at such times and places, take such testimony,

and receive such evidence as the Commission considers appropriate.

The Commission may administer oaths or affirmations to witnesses

appearing before it. (c) ACCESS TO INFORMATION.—The Commission may secure

directly from any Federal agency information necessary to enable

it to carry out this title, if the information may be disclosed under

section 552 of title 5, United States Code. Subject to the previous

sentence, on the request of the chairperson or vice chairperson

of the Commission, the head of such agency shall furnish such

information to the Commission.

(d) USE OF FACILITIES AND SERVICES.—Upon the request of

the Commission, the head of any Federal agency may make available to the Commission any of the facilities and services of such

agency. (e) PERSONNEL FROM OTHER AGENCIES.—On the request of

the Commission, the head of any Federal agency may detail any

of the personnel of such agency to serve as an Executive Director

of the Commission or assist the Commission in carrying out the

duties of the Commission. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal

employee.

(f) VOLUNTARY SERVICE.—Notwithstanding section 1342 of title

31, United States Code, the chairperson of the Commission may

accept for the Commission voluntary services provided by a member

of the Commission.

SEC. 306. TERMINATION.

The Commission shall terminate 30 days after the date of

the submission of the report of the Commission to Congress.
H. R. 1—21

TITLE IV—MISCELLANEOUS

PROVISIONS

SEC. 401. EFFECT ON OTHER LAWS.

(a) FEDERAL AND STATE ANTIDISCRIMINATION LAWS.—Nothing

in this Act or any amendment made by this Act shall be construed

to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age,

or disability.

(b) STATE AND LOCAL LAWS.—Nothing in this Act or any amendment made by this Act shall be construed to supersede any provision

of any State or local law that provides greater family or medical

leave rights than the rights established under this Act or any

amendment made by this Act.

SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

made by this Act shall be construed to diminish the obligation

of an employer to comply with any collective bargaining agreement

or any employment benefit program or plan that provides greater

family or medical leave rights to employees than the rights established under this Act or any amendment made by this Act.

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

under this Act or any amendment made by this Act shall not

be diminished by any collective bargaining agreement or any

employment benefit program or plan.

SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

Nothing in this Act or any amendment made by this Act shall

be construed to discourage employers from adopting or retaining

leave policies more generous than any policies that comply with

the requirements under this Act or any amendment made by this

Act.

SEC. 404. REGULATIONS.

The Secretary of Labor shall prescribe such regulations as

are necessary to carry out title I and this title not later than

120 days after the date of the enactment of this Act.

SEC. 405. EFFECTIVE DATES.

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

enactment of this Act.

(b) OTHER TITLES.—

(1) IN GENERAL.—Except as provided in paragraph (2), titles

I, II, and V and this title shall take effect 6 months after

the date of the enactment of this Act.

(2) COLLECTIVE BARGAINING AGREEMENTS.—In the case of

a collective bargaining agreement in effect on the effective

date prescribed by paragraph (1), title I shall apply on the

earlier of—

(A) the date of the termination of such agreement;

or

(B) the date that occurs 12 months after the date

of the enactment of this Act.
H. R. 1—22

TITLE V—COVERAGE OF

CONGRESSIONAL EMPLOYEES

SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.

(a) COVERAGE.—The rights and protections established under

sections 101 through 105 shall apply with respect to a Senate

employee and an employing office. For purposes of such application,

the term ‘‘eligible employee’’ means a Senate employee and the

term ‘‘employer’’ means an employing office.

(b) CONSIDERATION OF ALLEGATIONS.—

(1) APPLICABLE PROVISIONS.—The provisions of sections 304

through 313 of the Government Employee Rights Act of 1991

(2 U.S.C. 1204–1213) shall, except as provided in subsections

(d) and (e)—

(A) apply with respect to an allegation of a violation

of a provision of sections 101 through 105, with respect

to Senate employment of a Senate employee; and

(B) apply to such an allegation in the same manner

and to the same extent as such sections of the Government

Employee Rights Act of 1991 apply with respect to an

allegation of a violation under such Act.

(2) ENTITY.—Such an allegation shall be addressed by the

Office of Senate Fair Employment Practices or such other entity

as the Senate may designate.

(c) RIGHTS OF EMPLOYEES.—The Office of Senate Fair Employment Practices shall ensure that Senate employees are informed

of their rights under sections 101 through 105.

(d) LIMITATIONS.—A request for counseling under section 305

of such Act by a Senate employee alleging a violation of a provision

of sections 101 through 105 shall be made not later than 2 years

after the date of the last event constituting the alleged violation

for which the counseling is requested, or not later than 3 years

after such date in the case of a willful violation of section 105.

(e) APPLICABLE REMEDIES.—The remedies applicable to individuals who demonstrate a violation of a provision of sections 101

through 105 shall be such remedies as would be appropriate if

awarded under paragraph (1) or (3) of section 107(a).

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

with respect to section 309 of the Government Employee Rights

Act of 1991 (2 U.S.C. 1209), are enacted by the Senate as an

exercise of the rulemaking power of the Senate, with full recognition

of the right of the Senate to change its rules, in the same manner,

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

Senate. No Senate employee may commence a judicial proceeding

with respect to an allegation described in subsection (b)(1), except

as provided in this section.
H. R. 1—23

(g) SEVERABILITY.—Notwithstanding any other provision of law,

if any provision of section 309 of the Government Employee Rights

Act of 1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as

it applies such section 309 to an allegation described in subsection

(b)(1)(A), is invalidated, both such section 309, and subsection (b)(1)

insofar as it applies such section 309 to such an allegation, shall

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

for purposes of section 322 of such Act (2 U.S.C. 1221).

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

(1) EMPLOYING OFFICE.—The term ‘‘employing office’’ means

the office with the final authority described in section 301(2)

of such Act (2 U.S.C. 1201(2)).

(2) SENATE EMPLOYEE.—The term ‘‘Senate employee’’ means

an employee described in subparagraph (A) or (B) of section

301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been

employed for at least 12 months on other than a temporary

or intermittent basis by any employing office.

SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.

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

102 through 105 (other than section 104(b)) shall apply to any

employee in an employment position and any employing authority

of the House of Representatives.

(b) ADMINISTRATION.—In the administration of this section, the

remedies and procedures under the Fair Employment Practices

Resolution shall be applied.

(c) DEFINITION.—As used in this section, the term ‘‘Fair Employment Practices Resolution’’ means rule LI of the Rules of the House

of Representatives.

TITLE VI—SENSE OF CONGRESS

SEC. 601. SENSE OF CONGRESS.

It is the sense of the Congress that:

(a) The Secretary of Defense shall conduct a comprehensive

review of current departmental policy with respect to the service

of homosexuals in the Armed Forces;

(b) Such review shall include the basis for the current

policy of mandatory separation; the rights of all service men

and women, and the effects of any change in such policy on

morale, discipline, and military effectiveness;

(c) The Secretary shall report the results of such review

and consultations and his recommendations to the President

and to the Congress no later than July 15, 1993;
H. R. 1—24

(d) The Senate Committee on Armed Services shall conduct

(i) comprehensive hearings on the current military policy with

respect to the service of homosexuals in the military services;

and (ii) shall conduct oversight hearings on the Secretary’s

recommendations as such are reported.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.