103D CONGRESS

1ST SESSION H. R. 1

AMENDMENT
In the Senate of the United States,

February 4 (legislative day, January 5), 1993.

Resolved, That the bill from the House of Representatives (H.R. 1) entitled ‘‘An Act to grant family and temporary medical leave under certain circumstances’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Family and Medical Leave Act of 1993’’.
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1 (b) TABLE OF CONTENTS.—The table of contents is as

2 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.

3 SEC. 2. FINDINGS AND PURPOSES.

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

2 two-parent households in which the single parent or

3 both parents work is increasing significantly;

4 (2) it is important for the development of chil5 dren and the family unit that fathers and mothers be

6 able to participate in early childrearing and the care

7 of family members who have serious health conditions;

8 (3) the lack of employment policies to accommo9 date working parents can force individuals to choose

10 between job security and parenting;

11 (4) there is inadequate job security for employees

12 who have serious health conditions that prevent them

13 from working for temporary periods;

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

15 women in our society, the primary responsibility for

16 family caretaking often falls on women, and such re17 sponsibility affects the working lives of women more

18 than it affects the working lives of men; and

19 (6) employment standards that apply to one gen20 der only have serious potential for encouraging em21 ployers to discriminate against employees and appli22 cants for employment who are of that gender.

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

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

25 the needs of families, to promote the stability and eco-
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1 nomic security of families, and to promote national

2 interests in preserving family integrity;

3 (2) to entitle employees to take reasonable leave

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

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

6 who has a serious health condition;

7 (3) to accomplish the purposes described in para8 graphs (1) and (2) in a manner that accommodates

9 the legitimate interests of employers;

10 (4) to accomplish the purposes described in para11 graphs (1) and (2) in a manner that, consistent with

12 the Equal Protection Clause of the Fourteenth Amend13 ment, minimizes the potential for employment dis14 crimination on the basis of sex by ensuring generally

15 that leave is available for eligible medical reasons (in16 cluding maternity-related disability) and for compel17 ling family reasons, on a gender-neutral basis; and

18 (5) to promote the goal of equal employment op19 portunity for women and men, pursuant to such

20 clause.

21 TITLE I—GENERAL

22 REQUIREMENTS FOR LEAVE

23 SEC. 101. DEFINITIONS.

24 As used in this title:
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1 (1) COMMERCE.—The terms ‘‘commerce’’ and

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

3 activity, business, or industry in commerce or in

4 which a labor dispute would hinder or obstruct com5 merce or the free flow of commerce, and include ‘‘com6 merce’’ and any ‘‘industry affecting commerce’’, as

7 defined in paragraphs (1) and (3) of section 501 of

8 the Labor Management Relations Act, 1947 (29

9 U.S.C. 142 (1) and (3)).

10 (2) ELIGIBLE EMPLOYEE.—

11 (A) IN GENERAL.—The term ‘‘eligible em12 ployee’’ means an employee who has been em13 ployed—

14 (i) for at least 12 months by the em15 ployer with respect to whom leave is re16 quested under section 102; and

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

18 with such employer during the previous 12-

19 month period.

20 (B) EXCLUSIONS.—The term ‘‘eligible em21 ployee’’ does not include—

22 (i) any Federal officer or employee cov23 ered under subchapter V of chapter 63 of

24 title 5, United States Code (as added by

25 title II of this Act); or
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1 (ii) any employee of an employer who

2 is employed at a worksite at which such em3 ployer employs less than 50 employees if the

4 total number of employees employed by that

5 employer within 75 miles of that worksite is

6 less than 50.

7 (C) DETERMINATION.—For purposes of de8 termining whether an employee meets the hours

9 of service requirement specified in subparagraph

10 (A)(ii), the legal standards established under sec11 tion 7 of the Fair Labor Standards Act of 1938

12 (29 U.S.C. 207) shall apply.

13 (3) EMPLOY; EMPLOYEE; STATE.—The terms

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

15 meanings given such terms in subsections (c), (e), and

16 (g) of section 3 of the Fair Labor Standards Act of

17 1938 (29 U.S.C. 203 (c), (e), and (g)).

18 (4) EMPLOYER.—

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

20 (i) means any person engaged in com21 merce or in any industry or activity affect22 ing commerce who employs 50 or more em23 ployees for each working day during each of

24 20 or more calendar workweeks in the cur25 rent or preceding calendar year;
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1 (ii) includes—

2 (I) any person who acts, directly

3 or indirectly, in the interest of an em4 ployer to any of the employees of such

5 employer; and

6 (II) any successor in interest of

7 an employer; and

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

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

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

11 (B) PUBLIC AGENCY.—For purposes of sub12 paragraph (A)(iii), a public agency shall be con13 sidered to be a person engaged in commerce or

14 in an industry or activity affecting commerce.

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

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

19 insurance, sick leave, annual leave, educational bene20 fits, and pensions, regardless of whether such benefits

21 are provided by a practice or written policy of an

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

23 defined in section 3(3) of the Employee Retirement

24 Income Security Act of 1974 (29 U.S.C. 1002(3)).
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1 (6) HEALTH CARE PROVIDER.—The term ‘‘health

2 care provider’’ means—

3 (A) a doctor of medicine or osteopathy who

4 is authorized to practice medicine or surgery (as

5 appropriate) by the State in which the doctor

6 practices; or

7 (B) any other person determined by the Sec8 retary to be capable of providing health care

9 services.

10 (7) PARENT.—The term ‘‘parent’’ means the bio11 logical parent of an employee or an individual who

12 stood in loco parentis to an employee when the em13 ployee was a son or daughter.

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

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

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

17 (9) REDUCED LEAVE SCHEDULE.—The term ‘‘re18 duced leave schedule’’ means a leave schedule that re19 duces the usual number of hours per workweek, or

20 hours per workday, of an employee.

21 (10) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of Labor.

23 (11) SERIOUS HEALTH CONDITION.—The term

24 ‘‘serious health condition’’ means an illness, injury,
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1 impairment, or physical or mental condition that in2 volves—

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

4 residential medical care facility; or

5 (B) continuing treatment by a health care

6 provider.

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

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

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

10 standing in loco parentis, who is—

11 (A) under 18 years of age; or

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

13 of self-care because of a mental or physical

14 disability.

15 (13) SPOUSE.—the term ‘‘spouse’’ means a hus16 band or wife, as the case may be.

17 SEC. 102. LEAVE REQUIREMENT.

18 (a) IN GENERAL.—

19 (1) ENTITLEMENT TO LEAVE.—Subject to section

20 103, an eligible employee shall be entitled to a total

21 of 12 workweeks of leave during any 12-month period

22 for one or more of the following:

23 (A) Because of the birth of a son or daugh24 ter of the employee and in order to care for such

25 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 foster

3 care.

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

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

6 spouse, son, daughter, or parent has a serious

7 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 entitle12 ment to leave under subparagraphs (A) and (B) of

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

14 daughter shall expire at the end of the 12-month pe15 riod beginning on the date of such birth or placement.

16 (b) LEAVE TAKEN INTERMITTENTLY OR ON A

17 REDUCED LEAVE SCHEDULE.—

18 (1) IN GENERAL.—Leave under subparagraph

19 (A) or (B) of subsection (a)(1) shall not be taken by

20 an employee intermittently or on a reduced leave

21 schedule unless the employee and the employer of the

22 employee agree otherwise. Subject to paragraph (2),

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

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

25 taken intermittently or on a reduced leave schedule
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1 when medically necessary. The taking of leave inter2 mittently or on a reduced leave schedule pursuant to

3 this paragraph shall not result in a reduction in the

4 total amount of leave to which the employee is enti5 tled under subsection (a) beyond the amount of leave

6 actually taken.

7 (2) ALTERNATIVE POSITION.—If an employee re8 quests intermittent leave, or leave on a reduced leave

9 schedule, under subparagraph (C) or (D) of subsection

10 (a)(1), that is foreseeable based on planned medical

11 treatment, the employer may require such employee to

12 transfer temporarily to an available alternative posi13 tion offered by the employer for which the employee

14 is qualified and that—

15 (A) has equivalent pay and benefits; and

16 (B) better accommodates recurring periods

17 of leave than the regular employment position of

18 the employee.

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

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

21 consist of unpaid leave. Where an employee is otherwise ex22 empt under regulations issued by the Secretary pursuant

23 to section 13(a)(1) of the Fair Labor Standards Act of 1938

24 (29 U.S.C. 213(a)(1)), the compliance of an employer with
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1 this title by providing unpaid leave shall not affect the ex2 empt status of the employee under such section.

3 (d) RELATIONSHIP TO PAID LEAVE.—

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

5 paid leave for fewer than 12 workweeks, the addi6 tional weeks of leave necessary to attain the 12 work7 weeks of leave required under this title may be pro8 vided without compensation.

9 (2) SUBSTITUTION OF PAID LEAVE.—

10 (A) IN GENERAL.—An eligible employee

11 may elect, or an employer may require the em12 ployee, to substitute any of the accrued paid va13 cation leave, personal leave, or family leave of

14 the employee for leave provided under subpara15 graph (A), (B), or (C) of subsection (a)(1) for

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

17 under such subsection.

18 (B) SERIOUS HEALTH CONDITION.—An eli19 gible employee may elect, or an employer may

20 require the employee, to substitute any of the ac21 crued paid vacation leave, personal leave, or

22 medical or sick leave of the employee for leave

23 provided under subparagraph (C) or (D) of sub24 section (a)(1) for any part of the 12-week period

25 of such leave under such subsection, except that
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1 nothing in this title shall require an employer to

2 provide paid sick leave or paid medical leave in

3 any situation in which such employer would not

4 normally provide any such paid leave.

5 (e) FORESEEABLE LEAVE.—

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

7 which the necessity for leave under subparagraph (A)

8 or (B) of subsection (a)(1) is foreseeable based on an

9 expected birth or placement, the employee shall pro10 vide the employer with not less than 30 days’ notice,

11 before the date the leave is to begin, of the employee’s

12 intention to take leave under such subparagraph, ex13 cept that if the date of the birth or placement requires

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

15 provide such notice as is practicable.

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

17 which the necessity for leave under subparagraph (C)

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

19 planned medical treatment, the employee—

20 (A) shall make a reasonable effort to sched21 ule the treatment so as not to disrupt unduly the

22 operations of the employer, subject to the ap23 proval of the health care provider of the employee

24 or the health care provider of the son, daughter,
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1 spouse, or parent of the employee, as appro2 priate; and

3 (B) shall provide the employer with not less

4 than 30 days’ notice, before the date the leave is

5 to begin, of the employee’s intention to take leave

6 under such subparagraph, except that if the date

7 of the treatment requires leave to begin in less

8 than 30 days, the employee shall provide such

9 notice as is practicable.

10 (f) SPOUSES EMPLOYED BY THE SAME EMPLOYER.—

11 In any case in which a husband and wife entitled to leave

12 under subsection (a) are employed by the same employer,

13 the aggregate number of workweeks of leave to which both

14 may be entitled may be limited to 12 workweeks during

15 any 12-month period, if such leave is taken—

16 (1) under subparagraph (A) or (B) of subsection

17 (a)(1); or

18 (2) to care for a sick parent under subparagraph

19 (C) of such subsection.

20 SEC. 103. CERTIFICATION.

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

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

23 102(a)(1) be supported by a certification issued by the

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

25 daughter, spouse, or parent of the employee, as appropriate.
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1 The employee shall provide, in a timely manner, a copy

2 of such certification to the employer.

3 (b) SUFFICIENT CERTIFICATION.—Certification pro4 vided under subsection (a) shall be sufficient if it states—

5 (1) the date on which the serious health condi6 tion commenced;

7 (2) the probable duration of the condition;

8 (3) the appropriate medical facts within the

9 knowledge of the health care provider regarding the

10 condition;

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

12 102(a)(1)(C), a statement that the eligible employee is

13 needed to care for the son, daughter, spouse, or parent

14 and an estimate of the amount of time that such em15 ployee is needed to care for the son, daughter, spouse,

16 or parent; and

17 (B) for purposes of leave under section

18 102(a)(1)(D), a statement that the employee is unable

19 to perform the functions of the position of the em20 ployee;

21 (5) in the case of certification for intermittent

22 leave, or leave on a reduced leave schedule, for

23 planned medical treatment, the dates on which such

24 treatment is expected to be given and the duration of

25 such treatment;
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1 (6) in the case of certification for intermittent

2 leave, or leave on a reduced leave schedule, under sec3 tion 102(a)(1)(D), a statement of the medical neces4 sity for the intermittent leave or leave on a reduced

5 leave schedule, and the expected duration of the inter6 mittent leave or reduced leave schedule; and

7 (7) in the case of certification for intermittent

8 leave, or leave on a reduced leave schedule, under sec9 tion 102(a)(1)(C), a statement that the employee’s

10 intermittent leave or leave on a reduced leave schedule

11 is necessary for the care of the son, daughter, parent,

12 or spouse who has a serious health condition, or will

13 assist in their recovery, and the expected duration

14 and schedule of the intermittent leave or reduced leave

15 schedule.

16 (c) SECOND OPINION.—

17 (1) IN GENERAL.—In any case in which the em18 ployer has reason to doubt the validity of the certifi19 cation provided under subsection (a) for leave under

20 subparagraph (C) or (D) of section 102(a)(1), the em21 ployer may require, at the expense of the employer,

22 that the eligible employee obtain the opinion of a sec23 ond health care provider designated or approved by

24 the employer concerning any information certified

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

3 employed on a regular basis by the employer.

4 (d) RESOLUTION OF CONFLICTING OPINIONS.—

5 (1) IN GENERAL.—In any case in which the sec6 ond opinion described in subsection (c) differs from

7 the opinion in the original certification provided

8 under subsection (a), the employer may require, at

9 the expense of the employer, that the employee obtain

10 the opinion of a third health care provider designated

11 or approved jointly by the employer and the employee

12 concerning the information certified under subsection

13 (b).

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

15 care provider concerning the information certified

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

17 and shall be binding on the employer and the

18 employee.

19 (e) SUBSEQUENT RECERTIFICATION.—The employer

20 may require that the eligible employee obtain subsequent

21 recertifications on a reasonable basis.

22 SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

23 (a) RESTORATION TO POSITION.—

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

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

3 (A) to be restored by the employer to the po4 sition of employment held by the employee when

5 the leave commenced; or

6 (B) to be restored to an equivalent position

7 with equivalent employment benefits, pay, and

8 other terms and conditions of employment.

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

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

11 employment benefit accrued prior to the date on

12 which the leave commenced.

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

14 be construed to entitle any restored employee to—

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

17 (B) any right, benefit, or position of em18 ployment other than any right, benefit, or posi19 tion to which the employee would have been enti20 tled had the employee not taken the leave.

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

23 taken leave under section 102(a)(1)(D), the employer

24 may have a uniformly applied practice or policy that

25 requires each such employee to receive certification
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1 from the health care provider of the employee that the

2 employee is able to resume work, except that nothing

3 in this paragraph shall supersede a valid State or

4 local law or a collective bargaining agreement that

5 governs the return to work of such employees.

6 (5) CONSTRUCTION.—Nothing in this subsection

7 shall be construed to prohibit an employer from re8 quiring an employee on leave under section 102 to re9 port periodically to the employer on the status and

10 intention of the employee to return to work.

11 (b) EXEMPTION CONCERNING CERTAIN HIGHLY COM12 PENSATED EMPLOYEES.—

13 (1) DENIAL OF RESTORATION.—An employer

14 may deny restoration under subsection (a) to any eli15 gible employee described in paragraph (2) if—

16 (A) such denial is necessary to prevent sub17 stantial and grievous economic injury to the op18 erations of the employer;

19 (B) the employer notifies the employee of

20 the intent of the employer to deny restoration on

21 such basis at the time the employer determines

22 that such injury would occur; and

23 (C) in any case in which the leave has com24 menced, the employee elects not to return to em25 ployment after receiving such notice.
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1 (2) AFFECTED EMPLOYEES.—An eligible em2 ployee described in paragraph (1) is a salaried eligi3 ble employee who is among the highest paid 10 per4 cent of the employees employed by the employer with5 in 75 miles of the facility at which the employee is

6 employed.

7 (c) MAINTENANCE OF HEALTH BENEFITS.—

8 (1) COVERAGE.—Except as provided in para9 graph (2), during any period that an eligible em10 ployee takes leave under section 102, the employer

11 shall maintain coverage under any ‘‘group health

12 plan’’ (as defined in section 5000(b)(1) of the Internal

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

14 at the level and under the conditions coverage would

15 have been provided if the employee had continued in

16 employment continuously for the duration of such

17 leave.

18 (2) FAILURE TO RETURN FROM LEAVE.—The em19 ployer may recover the premium that the employer

20 paid for maintaining coverage for the employee under

21 such group health plan during any period of unpaid

22 leave under section 102 if—

23 (A) the employee fails to return from leave

24 under section 102 after the period of leave to

25 which the employee is entitled has expired; and
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1 (B) the employee fails to return to work for

2 a reason other than—

3 (i) the continuation, recurrence, or

4 onset of a serious health condition that enti5 tles the employee to leave under subpara6 graph (C) or (D) of section 102(a)(1); or

7 (ii) other circumstances beyond the

8 control of the employee.

9 (3) CERTIFICATION.—

10 (A) ISSUANCE.—An employer may require

11 that a claim that an employee is unable to re12 turn to work because of the continuation, recur13 rence, or onset of the serious health condition de14 scribed in paragraph (2)(B)(i) be supported

15 by—

16 (i) a certification issued by the health

17 care provider of the son, daughter, spouse,

18 or parent of the employee, as appropriate,

19 in the case of an employee unable to return

20 to work because of a condition specified in

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

22 (ii) a certification issued by the health

23 care provider of the eligible employee, in the

24 case of an employee unable to return to
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1 work because of a condition specified in sec2 tion 102(a)(1)(D).

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

4 a timely manner, a copy of such certification to

5 the employer.

6 (C) SUFFICIENCY OF CERTIFICATION.—

7 (i) LEAVE DUE TO SERIOUS HEALTH

8 CONDITION OF EMPLOYEE.—The certifi9 cation described in subparagraph (A)(ii)

10 shall be sufficient if the certification states

11 that a serious health condition prevented the

12 employee from being able to perform the

13 functions of the position of the employee on

14 the date that the leave of the employee ex15 pired.

16 (ii) LEAVE DUE TO SERIOUS HEALTH

17 CONDITION OF FAMILY MEMBER.—The cer18 tification described in subparagraph (A)(i)

19 shall be sufficient if the certification states

20 that the employee is needed to care for the

21 son, daughter, spouse, or parent who has a

22 serious health condition on the date that the

23 leave of the employee expired.

24 SEC. 105. PROHIBITED ACTS.

25 (a) INTERFERENCE WITH RIGHTS.—
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1 (1) EXERCISE OF RIGHTS.—It shall be unlawful

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

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

4 provided under this title.

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

6 any employer to discharge or in any other manner

7 discriminate against any individual for opposing any

8 practice made unlawful by this title.

9 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR10 IES.—It shall be unlawful for any person to discharge or

11 in any other manner discriminate against any individual

12 because such individual—

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

14 caused to be instituted any proceeding, under or re15 lated to this title;

16 (2) has given, or is about to give, any informa17 tion in connection with any inquiry or proceeding re18 lating to any right provided under this title; or

19 (3) has testified, or is about to testify, in any in20 quiry or proceeding relating to any right provided

21 under this title.

22 SEC. 106. INVESTIGATIVE AUTHORITY.

23 (a) IN GENERAL.—To ensure compliance with the pro24 visions of this title, or any regulation or order issued under

25 this title, the Secretary shall have, subject to subsection (c),
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1 the investigative authority provided under section 11(a) of

2 the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).

3 (b) OBLIGATION TO KEEP AND PRESERVE

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

5 records pertaining to compliance with this title in accord6 ance with section 11(c) of the Fair Labor Standards Act

7 of 1938 (29 U.S.C. 211(c)) and in accordance with regula8 tions issued by the Secretary.

9 (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO

10 AN ANNUAL BASIS.—The Secretary shall not under the au11 thority of this section require any employer or any plan,

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

13 records more than once during any 12-month period, unless

14 the Secretary has reasonable cause to believe there may exist

15 a violation of this title or any regulation or order issued

16 pursuant to this title, or is investigating a charge pursuant

17 to section 107(b).

18 (d) SUBPOENA POWERS.—For the purposes of any in19 vestigation provided for in this section, the Secretary shall

20 have the subpoena authority provided for under section 9

21 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).

22 SEC. 107. ENFORCEMENT.

23 (a) CIVIL ACTION BY EMPLOYEES.—
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1 (1) LIABILITY.—Any employer who violates sec2 tion 105 shall be liable to any eligible employee af3 fected—

4 (A) for damages equal to—

5 (i) the amount of—

6 (I) any wages, salary, employ7 ment benefits, or other compensation

8 denied or lost to such employee by rea9 son of the violation; or

10 (II) in a case in which wages, sal11 ary, employment benefits, or other

12 compensation have not been denied or

13 lost to the employee, any actual mone14 tary losses sustained by the employee

15 as a direct result of the violation, such

16 as the cost of providing care, up to a

17 sum equal to 12 weeks of wages or sal18 ary for the employee;

19 (ii) the interest on the amount de20 scribed in clause (i) calculated at the pre21 vailing rate; and

22 (iii) an additional amount as liq23 uidated damages equal to the sum of the

24 amount described in clause (i) and the in25 terest described in clause (ii), except that if
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1 an employer who has violated section 105

2 proves to the satisfaction of the court that

3 the act or omission which violated section

4 105 was in good faith and that the em5 ployer had reasonable grounds for believing

6 that the act or omission was not a violation

7 of section 105, such court may, in the dis8 cretion of the court, reduce the amount of

9 the liability to the amount and interest de10 termined under clauses (i) and (ii), respec11 tively; and

12 (B) for such equitable relief as may be ap13 propriate, including employment, reinstatement,

14 and promotion.

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

16 damages or equitable relief prescribed in paragraph

17 (1) may be maintained against any employer (in18 cluding a public agency) in any Federal or State

19 court of competent jurisdiction by any one or more

20 employees for and in behalf of—

21 (A) the employees; or

22 (B) the employees and other employees simi23 larly situated.

24 (3) FEES AND COSTS.—The court in such an ac25 tion shall, in addition to any judgment awarded to
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1 the plaintiff, allow a reasonable attorney’s fee, reason2 able expert witness fees, and other costs of the action

3 to be paid by the defendant.

4 (4) LIMITATIONS.—The right provided by para5 graph (2) to bring an action by or on behalf of any

6 employee shall terminate—

7 (A) on the filing of a complaint by the Sec8 retary in an action under subsection (d) in

9 which restraint is sought of any further delay in

10 the payment of the amount described in para11 graph (1)(A) to such employee by an employer

12 responsible under paragraph (1) for the pay13 ment; or

14 (B) on the filing of a complaint by the Sec15 retary in an action under subsection (b) in

16 which a recovery is sought of the damages de17 scribed in paragraph (1)(A) owing to an eligible

18 employee by an employer liable under paragraph

19 (1),

20 unless the action described in subparagraph (A) or

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

22 Secretary.

23 (b) ACTION BY THE SECRETARY.—

24 (1) ADMINISTRATIVE ACTION.—The Secretary

25 shall receive, investigate, and attempt to resolve com-
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1 plaints of violations of section 105 in the same man2 ner that the Secretary receives, investigates, and at3 tempts to resolve complaints of violations of sections

4 6 and 7 of the Fair Labor Standards Act of 1938 (29

5 U.S.C. 206 and 207).

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

7 action in any court of competent jurisdiction to re8 cover the damages described in subsection (a)(1)(A).

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

10 the Secretary pursuant to paragraph (2) shall be held

11 in a special deposit account and shall be paid, on

12 order of the Secretary, directly to each employee af13 fected. Any such sums not paid to an employee be14 cause of inability to do so within a period of 3 years

15 shall be deposited into the Treasury of the United

16 States as miscellaneous receipts.

17 (c) LIMITATION.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), an action may be brought under this sec20 tion not later than 2 years after the date of the last

21 event constituting the alleged violation for which the

22 action is brought.

23 (2) WILLFUL VIOLATION.—In the case of such ac24 tion brought for a willful violation of section 105,

25 such action may be brought within 3 years of the date
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1 of the last event constituting the alleged violation for

2 which such action is brought.

3 (3) COMMENCEMENT.—In determining when an

4 action is commenced by the Secretary under this sec5 tion for the purposes of this subsection, it shall be

6 considered to be commenced on the date when the

7 complaint is filed.

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

9 district courts of the United States shall have jurisdiction,

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

11 (1) to restrain violations of section 105, includ12 ing the restraint of any withholding of payment of

13 wages, salary, employment benefits, or other com14 pensation, plus interest, found by the court to be due

15 to eligible employees; or

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

17 be appropriate, including employment, reinstatement,

18 and promotion.

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

20 may appear for and represent the Secretary on any litiga21 tion brought under this section.

22 SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF

23 LOCAL EDUCATIONAL AGENCIES.

24 (a) APPLICATION.—
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1 (1) IN GENERAL.—Except as otherwise provided

2 in this section, the rights (including the rights under

3 section 104, which shall extend throughout the period

4 of leave of any employee under this section), remedies,

5 and procedures under this title shall apply to—

6 (A) any ‘‘local educational agency’’ (as de7 fined in section 1471(12) of the Elementary and

8 Secondary Education Act of 1965 (20 U.S.C.

9 2891(12))) and an eligible employee of the agen10 cy; and

11 (B) any private elementary or secondary

12 school and an eligible employee of the school.

13 (2) DEFINITIONS.—For purposes of the applica14 tion described in paragraph (1):

15 (A) ELIGIBLE EMPLOYEE.—The term ‘‘eligi16 ble employee’’ means an eligible employee of an

17 agency or school described in paragraph (1).

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

19 means an agency or school described in para20 graph (1).

21 (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FED22 ERAL LAWS.—A local educational agency and a private ele23 mentary or secondary school shall not be in violation of

24 the Individuals with Disabilities Education Act (20 U.S.C.

25 1400 et seq.), section 504 of the Rehabilitation Act of 1973
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1 (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964

2 (42 U.S.C. 2000d et seq.), solely as a result of an eligible

3 employee of such agency or school exercising the rights of

4 such employee under this title.

5 (c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED

6 SCHEDULE FOR INSTRUCTIONAL EMPLOYEES.—

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

8 any case in which an eligible employee employed

9 principally in an instructional capacity by any such

10 educational agency or school requests leave under sub11 paragraph (C) or (D) of section 102(a)(1) that is

12 foreseeable based on planned medical treatment and

13 the employee would be on leave for greater than 20

14 percent of the total number of working days in the pe15 riod during which the leave would extend, the agency

16 or school may require that such employee elect ei17 ther—

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

19 duration, not to exceed the duration of the

20 planned medical treatment; or

21 (B) to transfer temporarily to an available

22 alternative position offered by the employer for

23 which the employee is qualified, and that—

24 (i) has equivalent pay and benefits;

25 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 CON9 CLUSION OF AN ACADEMIC TERM.—The following rules

10 shall apply with respect to periods of leave near the conclu11 sion of an academic term in the case of any eligible em12 ployee 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 under

16 section 102 more than 5 weeks prior to the end of the

17 academic term, the agency or school may require the

18 employee to continue taking leave until the end of

19 such term, if—

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

21 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 under

3 subparagraph (A), (B), or (C) of section 102(a)(1)

4 during the period that commences 5 weeks prior to the

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

6 require the employee to continue taking leave until

7 the end of such term, if—

8 (A) the leave is of greater than 2 weeks du9 ration; 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 under

15 subparagraph (A), (B), or (C) of section 102(a)(1)

16 during the period that commences 3 weeks prior to the

17 end of the academic term and the duration of the

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

19 school may require the employee to continue to take

20 leave until the end of such term.

21 (e) RESTORATION TO EQUIVALENT EMPLOYMENT PO22 SITION.—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 edu25 cational 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 a

6 local educational agency or a private elementary or second7 ary school that has violated this title proves to the satisfac8 tion of the court that the agency, school, or department had

9 reasonable grounds for believing that the underlying act or

10 omission was not a violation of this title, such court may,

11 in the discretion of the court, reduce the amount of the li12 ability provided for under section 107(a)(1)(A) to the

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

14 respectively, of such section.

15 SEC. 109. NOTICE.

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

17 posted, in conspicuous places on the premises of the em18 ployer where notices to employees and applicants for em19 ployment are customarily posted, a notice, to be prepared

20 or approved by the Secretary, setting forth excerpts from,

21 or summaries of, the pertinent provisions of this title and

22 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 fol7 lowing new subchapter:

8 ‘‘SUBCHAPTER V—FAMILY AND MEDICAL LEAVE

9 ‘‘§ 6381. Definitions

10 ‘‘For the purpose of this subchapter—

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

12 who—

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

14 6301(2), including any individual employed in a

15 position referred to in clause (v) or (ix) of sec16 tion 6301(2), but excluding any individual em17 ployed by the government of the District of Co18 lumbia and any individual employed on a tem19 porary or intermittent basis; and

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

21 service as an employee (within the meaning of

22 subparagraph (A));

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

24 ‘‘(A) a doctor of medicine or osteopathy who

25 is authorized to practice medicine or surgery (as
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1 appropriate) by the State in which the doctor

2 practices; and

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

4 Director of the Office of Personnel Management

5 to be capable of providing health care services;

6 ‘‘(3) the term ‘parent’ means the biological par7 ent of an employee or an individual who stood in loco

8 parentis to an employee when the employee was a son

9 or daughter;

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

11 leave schedule that reduces the usual number of hours

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

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

14 illness, injury, impairment, or physical or mental

15 condition that involves—

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

17 or residential medical care facility; or

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

19 provider; and

20 ‘‘(6) the term ‘son or daughter’ means a biologi21 cal, adopted, or foster child, a stepchild, a legal ward,

22 or a child of a person standing in loco parentis, who

23 is—

24 ‘‘(A) under 18 years of age; or
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1 ‘‘(B) 18 years of age or older and incapable

2 of self-care because of a mental or physical dis3 ability.

4 ‘‘§ 6382. Leave requirement

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

6 entitled to a total of 12 administrative workweeks of leave

7 during any 12-month period for one or more of the follow8 ing:

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

10 of the employee and in order to care for such son or

11 daughter.

12 ‘‘(B) Because of the placement of a son or daugh13 ter with the employee for adoption or foster care.

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

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

16 son, daughter, or parent has a serious health condi17 tion.

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

19 makes the employee unable to perform the functions

20 of the employee’s position.

21 ‘‘(2) The entitlement to leave under subparagraph (A)

22 or (B) of paragraph (1) based on the birth or placement

23 of a son or daughter shall expire at the end of the 12-month

24 period beginning on the date of such birth or placement.
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1 ‘‘(b)(1) Leave under subparagraph (A) or (B) of sub2 section (a)(1) shall not be taken by an employee intermit3 tently or on a reduced leave schedule unless the employee

4 and the employing agency of the employee agree otherwise.

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

6 6383(b)(5), leave under subparagraph (C) or (D) of sub7 section (a)(1) may be taken intermittently or on a reduced

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

9 employee who takes leave intermittently or on a reduced

10 leave schedule pursuant to this paragraph, any hours of

11 leave so taken by such employee shall be subtracted from

12 the total amount of leave remaining available to such em13 ployee under subsection (a), for purposes of the 12-month

14 period involved, on an hour-for-hour basis.

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

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

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

18 planned medical treatment, the employing agency may re19 quire such employee to transfer temporarily to an available

20 alternative position offered by the employing agency for

21 which the employee is qualified and that—

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

23 ‘‘(B) better accommodates recurring periods of

24 leave than the regular employment position of the em25 ployee.
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1 ‘‘(c) Except as provided in subsection (d), leave grant2 ed under subsection (a) shall be leave without pay.

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

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

5 (a)(1) any of the employee’s accrued or accumulated annual

6 or sick leave under subchapter I for any part of the 12-

7 week period of leave under such subsection, except that noth8 ing in this subchapter shall require an employing agency

9 to provide paid sick leave in any situation in which such

10 employing agency would not normally provide any such

11 paid leave.

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

13 under subparagraph (A) or (B) of subsection (a)(1) is fore14 seeable based on an expected birth or placement, the em15 ployee shall provide the employing agency with not less

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

17 of the employee’s intention to take leave under such sub18 paragraph, except that if the date of the birth or placement

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

20 shall provide such notice as is practicable.

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

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

23 based on planned medical treatment, the employee—

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

25 the treatment so as not to disrupt unduly the oper-
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1 ations of the employing agency, subject to the ap2 proval of the health care provider of the employee or

3 the health care provider of the son, daughter, spouse,

4 or parent of the employee, as appropriate; and

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

6 not less than 30 days’ notice, before the date the leave

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

8 under such subparagraph, except that if the date of

9 the treatment requires leave to begin in less than 30

10 days, the employee shall provide such notice as is

11 practicable.

12 ‘‘§ 6383. Certification

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

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

15 6382(a)(1) be supported by certification issued by the health

16 care provider of the employee or of the son, daughter, spouse,

17 or parent of the employee, as appropriate. The employee

18 shall provide, in a timely manner, a copy of such certifi19 cation to the employing agency.

20 ‘‘(b) A certification provided under subsection (a) shall

21 be sufficient if it states—

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

24 ‘‘(2) the probable duration of the condition;
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1 ‘‘(3) the appropriate medical facts within the

2 knowledge of the health care provider regarding the

3 condition;

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

5 6382(a)(1)(C), a statement that the employee is need6 ed to care for the son, daughter, spouse, or parent,

7 and an estimate of the amount of time that such em8 ployee is needed to care for such son, daughter,

9 spouse, or parent; and

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

11 6382(a)(1)(D), a statement that the employee is un12 able to perform the functions of the position of the

13 employee; and

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

15 leave, or leave on a reduced leave schedule, for

16 planned medical treatment, the dates on which such

17 treatment is expected to be given and the duration of

18 such treatment.

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

20 reason to doubt the validity of the certification provided

21 under subsection (a) for leave under subparagraph (C) or

22 (D) of section 6382(a)(1), the employing agency may re23 quire, at the expense of the agency, that the employee obtain

24 the opinion of a second health care provider designated or
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1 approved by the employing agency concerning any informa2 tion certified under subsection (b) for such leave.

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

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

5 basis by the employing agency.

6 ‘‘(d)(1) In any case in which the second opinion de7 scribed in subsection (c) differs from the original certifi8 cation provided under subsection (a), the employing agency

9 may require, at the expense of the agency, that the employee

10 obtain the opinion of a third health care provider des11 ignated or approved jointly by the employing agency and

12 the employee concerning the information certified under

13 subsection (b).

14 ‘‘(2) The opinion of the third health care provider con15 cerning the information certified under subsection (b) shall

16 be considered to be final and shall be binding on the em17 ploying agency and the employee.

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

19 of the agency, that the employee obtain subsequent

20 recertifications on a reasonable basis.

21 ‘‘§ 6384. Employment and benefits protection

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

23 for the intended purpose of the leave shall be entitled, upon

24 return from such leave—
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1 ‘‘(1) to be restored by the employing agency to

2 the position held by the employee when the leave com3 menced; or

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

5 equivalent benefits, pay, status, and other terms and

6 conditions of employment.

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

8 result in the loss of any employment benefit accrued prior

9 to the date on which the leave commenced.

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

11 nothing in this section shall be construed to entitle any re12 stored employee to—

13 ‘‘(1) the accrual of any employment benefits dur14 ing any period of leave; or

15 ‘‘(2) any right, benefit, or position of employ16 ment other than any right, benefit, or position to

17 which the employee would have been entitled had the

18 employee not taken the leave.

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

20 for an employee who takes leave under section

21 6382(a)(1)(D), the employing agency may have a uniformly

22 applied practice or policy that requires each such employee

23 to receive certification from the health care provider of the

24 employee that the employee is able to resume work.
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1 ‘‘(e) Nothing in this section shall be construed to pro2 hibit an employing agency from requiring an employee on

3 leave under section 6382 to report periodically to the em4 ploying agency on the status and intention of the employee

5 to return to work.

6 ‘‘§ 6385. Prohibition of coercion

7 ‘‘(a) An employee shall not directly or indirectly in8 timidate, threaten, or coerce, or attempt to intimidate,

9 threaten, or coerce, any other employee for the purpose of

10 interfering with the exercise of any rights which such other

11 employee may have under this subchapter.

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

13 ‘‘(1) the term ‘intimidate, threaten, or coerce’ in14 cludes promising to confer or conferring any benefit

15 (such as appointment, promotion, or compensation),

16 or taking or threatening to take any reprisal (such as

17 deprivation of appointment, promotion, or compensa18 tion); and

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

20 as defined by section 2105.

21 ‘‘§ 6386. Health insurance

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

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

24 6382 may elect to continue the health benefits enrollment

25 of the employee while in such leave status and arrange to
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1 pay currently into the Employees Health Benefits Fund

2 (described in section 8909), the appropriate employee con3 tributions.

4 ‘‘§ 6387. Regulations

5 ‘‘The Office of Personnel Management shall prescribe

6 regulations necessary for the administration of this sub7 chapter. The regulations prescribed under this subchapter

8 shall, to the extent appropriate, be consistent with the regu9 lations prescribed by the Secretary of Labor to carry out

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

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

12 for chapter 63 of title 5, United States Code, is

13 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.’’.

14 (b) EMPLOYEES PAID FROM NONAPPROPRIATED

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

16 is amended—

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

18 (C); and

19 (2) by adding at the end the following new sub20 paragraph:
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1 ‘‘(E) subchapter V of chapter 63, which

2 shall be applied so as to construe references to

3 benefit programs to refer to applicable programs

4 for employees paid from nonappropriated funds;

5 or’’.

6 TITLE III—COMMISSION ON

7 LEAVE

8 SEC. 301. ESTABLISHMENT.

9 There is established a commission to be known as the

10 Commission on Leave (referred to in this title as the ‘‘Com11 mission’’).

12 SEC. 302. DUTIES.

13 The Commission shall—

14 (1) conduct a comprehensive study of—

15 (A) existing and proposed mandatory and

16 voluntary policies relating to family and tem17 porary medical leave, including policies provided

18 by employers not covered under this Act;

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

20 on productivity, job creation and business

21 growth of such policies on employers and em22 ployees;

23 (C) possible differences in costs, benefits,

24 and impact on productivity, job creation and
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1 business growth of such policies on employers

2 based on business type and size;

3 (D) the impact of family and medical leave

4 policies on the availability of employee benefits

5 provided by employers, including employers not

6 covered under this Act;

7 (E) alternate and equivalent State enforce8 ment of title I with respect to employees de9 scribed in section 108(a);

10 (F) methods used by employers to reduce

11 administrative costs of implementing family and

12 medical leave policies;

13 (G) the ability of the employers to recover,

14 under section 104(c)(2), the premiums described

15 in such section; and

16 (H) the impact on employers and employees

17 of policies that provide temporary wage replace18 ment during periods of family and medical

19 leave.

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

21 which the Commission first meets, prepare and sub22 mit, to the appropriate Committees of Congress, a re23 port concerning the subjects listed in paragraph (1).

24 SEC. 303. MEMBERSHIP.

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

2 composed of 12 voting members and 4 ex officio mem3 bers to be appointed not later than 60 days after the

4 date of the enactment of this Act as follows:

5 (A) SENATORS.—One Senator shall be ap6 pointed by the Majority Leader of the Senate,

7 and one Senator shall be appointed by the Mi8 nority Leader of the Senate.

9 (B) MEMBERS OF HOUSE OF REPRESENTA10 TIVES.—One Member of the House of Representa11 tives shall be appointed by the Speaker of the

12 House of Representatives, and one Member of the

13 House of Representatives shall be appointed by

14 the Minority Leader of the House of Representa15 tives.

16 (C) ADDITIONAL MEMBERS.—

17 (i) APPOINTMENT.—Two members each

18 shall be appointed by—

19 (I) the Speaker of the House of

20 Representatives;

21 (II) the Majority Leader of the

22 Senate;

23 (III) the Minority Leader of the

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

2 Senate.

3 (ii) EXPERTISE.—Such members shall be

4 appointed by virtue of demonstrated expertise in

5 relevant family, temporary disability, and labor

6 management issues. Such members shall include

7 representatives of employers, including employers

8 from large businesses and from small businesses.

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

10 Health and Human Services, the Secretary of Labor,

11 the Secretary of Commerce, and the Administrator of

12 the Small Business Administration shall serve on the

13 Commission as nonvoting ex officio members.

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

15 shall be filled in the manner in which the original appoint16 ment was made. The vacancy shall not affect the power of

17 the remaining members to execute the duties of the Commis18 sion.

19 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The

20 Commission shall elect a chairperson and a vice chair21 person from among the members of the Commission.

22 (d) QUORUM.—Eight members of the Commission shall

23 constitute a quorum for all purposes, except that a lesser

24 number may constitute a quorum for the purpose of holding

25 hearings.
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1 SEC. 304. COMPENSATION.

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

3 without compensation.

4 (b) TRAVEL EXPENSES.—Members of the Commission

5 shall be allowed reasonable travel expenses, including a per

6 diem allowance, in accordance with section 5703 of title 5,

7 United States Code, when performing duties of the

8 Commission.

9 SEC. 305. POWERS.

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

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

12 appointed, and the Commission shall meet thereafter on the

13 call of the chairperson or a majority of the members.

14 (b) HEARINGS AND SESSIONS.—The Commission may

15 hold such hearings, sit and act at such times and places,

16 take such testimony, and receive such evidence as the Com17 mission considers appropriate. The Commission may ad18 minister oaths or affirmations to witnesses appearing before

19 it.

20 (c) ACCESS TO INFORMATION.—The Commission may

21 secure directly from any Federal agency information nec22 essary to enable it to carry out this title, if the information

23 may be disclosed under section 552 of title 5, United States

24 Code. Subject to the previous sentence, on the request of the

25 chairperson or vice chairperson of the Commission, the head
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1 of such agency shall furnish such information to the Com2 mission.

3 (d) USE OF FACILITIES AND SERVICES.—Upon the re4 quest of the Commission, the head of any Federal agency

5 may make available to the Commission any of the facilities

6 and services of such agency.

7 (e) PERSONNEL FROM OTHER AGENCIES.—On the re8 quest of the Commission, the head of any Federal agency

9 may detail any of the personnel of such agency to serve as

10 an Executive Director of the Commission or assist the Com11 mission in carrying out the duties of the Commission. Any

12 detail shall not interrupt or otherwise affect the civil service

13 status or privileges of the Federal employee.

14 (f) VOLUNTARY SERVICE.—Notwithstanding section

15 1342 of title 31, United States Code, the chairperson of the

16 Commission may accept for the Commission voluntary serv17 ices provided by a member of the Commission.

18 SEC. 306. TERMINATION.

19 The Commission shall terminate 30 days after the date

20 of the submission of the report of the Commission to Con21 gress.
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1 TITLE IV—MISCELLANEOUS

2 PROVISIONS

3 SEC. 401. EFFECT ON OTHER LAWS.

4 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

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

7 or State law prohibiting discrimination on the basis of

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

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

10 any amendment made by this Act shall be construed to su11 persede any provision of any State or local law that pro12 vides greater family or medical leave rights than the rights

13 established under this Act or any amendment made by this

14 Act.

15 SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

17 amendment made by this Act shall be construed to diminish

18 the obligation of an employer to comply with any collective

19 bargaining agreement or any employment benefit program

20 or plan that provides greater family or medical leave rights

21 to employees than the rights established under this Act or

22 any amendment made by this Act.

23 (b) LESS PROTECTIVE.—The rights established for em24 ployees under this Act or any amendment made by this Act
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1 shall not be diminished by any collective bargaining agree2 ment or any employment benefit program or plan.

3 SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE

4 POLICIES.

5 Nothing in this Act or any amendment made by this

6 Act shall be construed to discourage employers from adopt7 ing or retaining leave policies more generous than any poli8 cies that comply with the requirements under this Act or

9 any amendment made by this Act.

10 SEC. 404. REGULATIONS.

11 The Secretary of Labor shall prescribe such regulations

12 as are necessary to carry out title I and this title not later

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

14 SEC. 405. EFFECTIVE DATES.

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

16 of the enactment of this Act.

17 (b) OTHER TITLES.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), titles I, II, and V and this title shall take

20 effect 6 months after the date of the enactment of this

21 Act.

22 (2) COLLECTIVE BARGAINING AGREEMENTS.—In

23 the case of a collective bargaining agreement in effect

24 on the effective date prescribed by paragraph (1), title

25 I shall apply on the earlier of—
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1 (A) the date of the termination of such

2 agreement; or

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

4 date of the enactment of this Act.

5 TITLE V—COVERAGE OF

6 CONGRESSIONAL EMPLOYEES

7 SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.

8 (a) COVERAGE.—The rights and protections estab9 lished under sections 101 through 105 shall apply with re10 spect to a Senate employee and an employing office. For

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

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

13 an employing office.

14 (b) CONSIDERATION OF ALLEGATIONS.—

15 (1) APPLICABLE PROVISIONS.—The provisions of

16 sections 304 through 313 of the Government Employee

17 Rights Act of 1991 (2 U.S.C. 1204–1213) shall, except

18 as provided in subsections (d) and (e)—

19 (A) apply with respect to an allegation of

20 a violation of a provision of sections 101 through

21 105, with respect to Senate employment of a

22 Senate employee; and

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

24 manner and to the same extent as such sections

25 of the Government Employee Rights Act of 1991
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1 apply with respect to an allegation of a violation

2 under such Act.

3 (2) ENTITY.—Such an allegation shall be ad4 dressed by the Office of Senate Fair Employment

5 Practices or such other entity as the Senate may des6 ignate.

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

8 Fair Employment Practices shall ensure that Senate em9 ployees are informed of their rights under sections 101

10 through 105.

11 (d) LIMITATIONS.—A request for counseling under sec12 tion 305 of such Act by a Senate employee alleging a viola13 tion of a provision of sections 101 through 105 shall be

14 made not later than 2 years after the date of the last event

15 constituting the alleged violation for which the counseling

16 is requested, or not later than 3 years after such date in

17 the case of a willful violation of section 105.

18 (e) APPLICABLE REMEDIES.—The remedies applicable

19 to individuals who demonstrate a violation of a provision

20 of sections 101 through 105 shall be such remedies as would

21 be appropriate if awarded under paragraph (1) or (3) of

22 section 107(a).

23 (f) EXERCISE OF RULEMAKING POWER.—The provi24 sions of subsections (b), (c), (d), and (e), except as such sub25 sections apply with respect to section 309 of the Government
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1 Employee Rights Act of 1991 (2 U.S.C. 1209), are enacted

2 by the Senate as an exercise of the rulemaking power of

3 the Senate, with full recognition of the right of the Senate

4 to change its rules, in the same manner, and to the same

5 extent, as in the case of any other rule of the Senate. No

6 Senate employee may commence a judicial proceeding with

7 respect to an allegation described in subsection (b)(1), ex8 cept as provided in this section.

9 (g) SEVERABILITY.—Notwithstanding any other provi10 sion of law, if any provision of section 309 of the Govern11 ment Employee Rights Act of 1991 (2 U.S.C. 1209), or of

12 subsection (b)(1) insofar as it applies such section 309 to

13 an allegation described in subsection (b)(1)(A), is invali14 dated, both such section 309, and subsection (b)(1) insofar

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

16 have no force and effect, and shall be considered to be invali17 dated for purposes of section 322 of such Act (2 U.S.C.

18 1221).

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

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

21 office’’ means the office with the final authority de22 scribed in section 301(2) of such Act (2 U.S.C.

23 1201(2)).

24 (2) SENATE EMPLOYEE.—The term ‘‘Senate em25 ployee’’ means an employee described in subpara-
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1 graph (A) or (B) of section 301(c)(1) of such Act (2

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

3 12 months on other than a temporary or intermittent

4 basis by any employing office.

5 SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.

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

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

8 apply to any employee in an employment position and any

9 employing authority of the House of Representatives.

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

11 section, the remedies and procedures under the Fair Em12 ployment Practices Resolution shall be applied.

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

14 ‘‘Fair Employment Practices Resolution’’ means rule LI of

15 the Rules of the House of Representatives.

16 TITLE VI—SENSE OF CONGRESS

17 SEC. 601. SENSE OF CONGRESS.

18 It is the sense of the Congress that:

19 (a) The Secretary of Defense shall conduct a

20 comprehensive review of current departmental policy

21 with respect to the service of homosexuals in the

22 Armed Forces;

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

24 current policy of mandatory separation; the rights of

25 all service men and women, and the effects of any
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1 change in such policy on morale, discipline, and mili2 tary effectiveness;

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

4 review and consultations and his recommendations to

5 the President and to the Congress no later than July

6 15, 1993;

7 (d) The Senate Committee on Armed Services

8 shall conduct (i) comprehensive hearings on the cur9 rent military policy with respect to the service of ho10 mosexuals in the military services; and (ii) shall con11 duct oversight hearings on the Secretary’s rec12 ommendations as such are reported.

Attest:

Secretary.
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