Emergency Family and Medical Leave Expansion Act

To amend the Family and Medical Leave Act of 1993 to provide for leave with respect to a public health emergency, and for other purposes. 1. Short title This Act may be cited as Emergency Family and Medical Leave Expansion Act 2. Amendments to the Family and Medical Leave Act of 1993 (a) Public health emergency leave Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) (F) During the 2-year period beginning on the date of the enactment of the Emergency Family and Medical Leave Expansion Act, because of a qualifying need related to a public health emergency in accordance with section 110. . (b) Requirements Title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 110. Public health emergency leave (a) Definitions The following shall apply with respect to leave under section 102(a)(1)(F): (1) Application of certain terms The definitions in section 101 shall apply, except as follows: (A) Eligible employee In lieu of the definition in section 101(4)(A), the term eligible employee (B) Employer threshold Section 101(4)(A)(i) shall be applied by substituting 1 or more employees 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year (C) Parent In lieu of the definition in section 101(7), the term parent (i) A biological, foster, or adoptive parent of the employee. (ii) A stepparent of the employee. (iii) A parent-in-law of the employee. (iv) A parent of a domestic partner of the employee. (v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (2) Additional definitions In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section 102(a)(1)(F): (A) Qualifying need related to a public health emergency The term qualifying need related to a public health emergency (i) To comply with a recommendation or order by a public official having jurisdiction or a health care provider on the basis that— (I) the physical presence of the employee on the job would jeopardize the health of others because of— (aa) the exposure of the employee to coronavirus; or (bb) exhibition of symptoms of coronavirus by the employee; and (II) the employee is unable to both perform the functions of the position of such employee and comply with such recommendation or order. (ii) To care for a family member of an eligible employee with respect to whom a public official having jurisdiction or a health care provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of— (I) the exposure of such family member to coronavirus; or (II) exhibition of symptoms of coronavirus by such family member. (iii) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. (B) Public health emergency The term public health emergency (C) Child care provider The term child care provider eligible child care provider 42 U.S.C. 9858n (D) Coronavirus The term co­ro­na­vi­rus (E) School The term school elementary school secondary school 20 U.S.C. 7801 (F) Family The term family member (i) A parent of the employee. (ii) A spouse of the employee. (iii) A sibling of the employee. (iv) Next of kin of the employee or a person for whom the employee is next of kin. (v) A son or daughter of the employee. (vi) A grandparent or grandchild of the employee. (b) Leave taken intermittently or On a reduced work schedule (1) In general Subject to paragraph (2), leave taken under section 102(a)(1)(F) may not be taken intermittently or on a reduced work schedule. (2) Care for son or daughter Paragraph (1) shall not apply with respect to leave taken for the purpose described in subsection (a)(2)(A)(iii) if the son or daughter of the employee with respect to whom the subsection applies has not been exposed to coronavirus. (c) Relationship to paid leave (1) In general An employee may elect to substitute any of the accrued vacation leave, personal leave, or medical or sick leave for leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (2) Employer requirement An employer may not require an employee to substitute any leave as described in paragraph (1) for leave under section 102(a)(1)(F). (d) Notice In any case where the necessity for leave under section 102(a)(1)(F) for the purpose described in subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. (e) Certification (1) In general An employer may require that a request for leave under section 102(a)(1)(F) be supported by documentation described in paragraph (2). An employer may not require such documentation until not later than 3 weeks after the date on which the employee takes such leave. (2) Sufficient certification The following documentation shall be sufficient certification: (A) With respect to leave taken for the purposes described in clause (i) or (ii) of subsection (a)(2)(A)— (i) a recommendation or order from a public official having jursidiction or a health care provider that the relevant individual has symptoms of coronavirus or should be quarantined; or (ii) documentation or evidence that the relevant individual has been exposed to coronavirus. (B) With respect to leave taken for the purposes described in clause (iii) of subsection (a)(2)(A), notice from the school, place of care, or child care provider of the son or daughter of the employee of closure or unavailability. (f) Restoration to position (1) In general Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met. (2) Conditions The conditions described in this paragraph are the following: (A) The employee takes leave under section 102(a)(1)(F). (B) The position held by the employee when the leave commenced does not exist due to economic conditions or other changes in operating conditions of the employer— (i) that affect employment; and (ii) are caused by a public health emergency during the period of leave. (C) The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment. (D) If the reasonable efforts of the employer under subparagraph (C) fail, the employer makes reasonable efforts during the period described in paragraph (3) to contact the employee if an equivalent position described in subparagraph (C) becomes available. (3) Contact period The period described under this paragraph is the 1-year period beginning on the earlier of— (A) the date on which the qualifying need related to a public health emergency concludes; or (B) the date that is 12 weeks after the date on which the employee’s leave under section 102(a)(1)(F) commences. .

Summary: Emergency Family and Medical Leave Expansion Act This bill provides employees with up to 12 weeks paid leave for a qualifying purpose during a public-health emergency with respect to the coronavirus (i.e., the virus that causes COVID-19). Specifically, an employee may use such leave if the employee is ordered or recommended to self-quarantine by a government official or health care provider, caring for a family member who has been ordered or recommended to self-quarantine, or caring for the employee's child because the child's school or child-care provider is closed. Public health emergency leave is not available to employees who work an intermittent or reduced work schedule. An employee may substitute available accrued leave for public health emergency leave, but an employer may not require an employee to make such substitution.