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(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 entitle-
ment 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 pe-
riod 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 intermittently 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
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when medically necessary. The taking of leave inter-
mittently 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 enti-
tled under subsection (a) beyond the amount of leave
actually taken.
(2) ALTERNATIVE POSITION.—If an employee re-
quests 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 posi-
tion 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 ex-
empt 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
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this title by providing unpaid leave shall not affect the ex-
empt 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 addi-
tional weeks of leave necessary to attain the 12 work-
weeks of leave required under this title may be pro-
vided without compensation.
(2) SUBSTITUTION OF PAID LEAVE.—
(A) IN
GENERAL.—An eligible employee
may elect, or an employer may require the em-
ployee, to substitute any of the accrued paid va-
cation leave, personal leave, or family leave of
the employee for leave provided under subpara-
graph (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 eli-
gible employee may elect, or an employer may
require the employee, to substitute any of the ac-
crued paid vacation leave, personal leave, or
medical or sick leave of the employee for leave
provided under subparagraph (C) or (D) of sub-
section (a)(1) for any part of the 12-week period
of such leave under such subsection, except that
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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 pro-
vide 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, ex-
cept 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) 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 sched-
ule the treatment so as not to disrupt unduly the
operations of the employer, subject to the ap-
proval of the health care provider of the employee
or the health care provider of the son, daughter,
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spouse, or parent of the employee, as appro-
priate; 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.
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The employee shall provide, in a timely manner, a copy
of such certification to the employer.
(b) SUFFICIENT CERTIFICATION.—Certification pro-
vided under subsection (a) shall be sufficient if it states—
(1) the date on which the serious health condi-
tion 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 em-
ployee 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 em-
ployee;
(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;
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(6) in the case of certification for intermittent
leave, or leave on a reduced leave schedule, under sec-
tion 102(a)(1)(D), a statement of the medical neces-
sity for the intermittent leave or leave on a reduced
leave schedule, and the expected duration of the inter-
mittent leave or reduced leave schedule; and
(7) in the case of certification for intermittent
leave, or leave on a reduced leave schedule, under sec-
tion 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 em-
ployer has reason to doubt the validity of the certifi-
cation provided under subsection (a) for leave under
subparagraph (C) or (D) of section 102(a)(1), the em-
ployer may require, at the expense of the employer,
that the eligible employee obtain the opinion of a sec-
ond health care provider designated or approved by
the employer concerning any information certified
under subsection (b) for such leave.
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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 re-
quiring an employee on leave under section 102 to re-
port periodically to the employer on the status and
intention of the employee to return to work.
(b) EXEMPTION CONCERNING CERTAIN HIGHLY COM-
PENSATED EMPLOYEES.—
(1) DENIAL
OF
RESTORATION.—An employer
may deny restoration under subsection (a) to any eli-
gible employee described in paragraph (2) if—
(A) such denial is necessary to prevent sub-
stantial and grievous economic injury to the op-
erations 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 com-
menced, the employee elects not to return to em-
ployment after receiving such notice.
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(2) AFFECTED
EMPLOYEES.—An eligible em-
ployee described in paragraph (1) is a salaried eligi-
ble employee who is among the highest paid 10 per-
cent of the employees employed by the employer with-
in 75 miles of the facility at which the employee is
employed.
(c) MAINTENANCE OF HEALTH BENEFITS.—
(1) COVERAGE.—Except as provided in para-
graph (2), during any period that an eligible em-
ployee 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 em-
ployer 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
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(B) the employee fails to return to work for
a reason other than—
(i) the continuation, recurrence, or
onset of a serious health condition that enti-
tles the employee to leave under subpara-
graph (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 re-
turn to work because of the continuation, recur-
rence, or onset of the serious health condition de-
scribed 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
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work because of a condition specified in sec-
tion 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 certifi-
cation 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 ex-
pired.
(ii) LEAVE DUE TO SERIOUS HEALTH
CONDITION OF FAMILY MEMBER.—The cer-
tification 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.—
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(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 INQUIR-
IES.—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 re-
lated to this title;
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this title; or
(3) has testified, or is about to testify, in any in-
quiry or proceeding relating to any right provided
under this title.
SEC. 106. INVESTIGATIVE AUTHORITY.
(a) IN GENERAL.—To ensure compliance with the pro-
visions of this title, or any regulation or order issued under
this title, the Secretary shall have, subject to subsection (c),
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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 accord-
ance with section 11(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 211(c)) and in accordance with regula-
tions issued by the Secretary.
(c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO
AN ANNUAL BASIS.—The Secretary shall not under the au-
thority 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 in-
vestigation 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.—
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(1) LIABILITY.—Any employer who violates sec-
tion 105 shall be liable to any eligible employee af-
fected—
(A) for damages equal to—
(i) the amount of—
(I) any wages, salary, employ-
ment benefits, or other compensation
denied or lost to such employee by rea-
son of the violation; or
(II) in a case in which wages, sal-
ary, employment benefits, or other
compensation have not been denied or
lost to the employee, any actual mone-
tary 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 sal-
ary for the employee;
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and
(iii) an additional amount as liq-
uidated damages equal to the sum of the
amount described in clause (i) and the in-
terest described in clause (ii), except that if
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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 em-
ployer had reasonable grounds for believing
that the act or omission was not a violation
of section 105, such court may, in the dis-
cretion of the court, reduce the amount of
the liability to the amount and interest de-
termined under clauses (i) and (ii), respec-
tively; and
(B) for such equitable relief as may be ap-
propriate, including employment, reinstatement,
and promotion.
(2) RIGHT OF ACTION.—An action to recover the
damages or equitable relief prescribed in paragraph
(1) may be maintained against any employer (in-
cluding 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 simi-
larly situated.
(3) FEES AND COSTS.—The court in such an ac-
tion shall, in addition to any judgment awarded to
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the plaintiff, allow a reasonable attorney’s fee, reason-
able expert witness fees, and other costs of the action
to be paid by the defendant.
(4) LIMITATIONS.—The right provided by para-
graph (2) to bring an action by or on behalf of any
employee shall terminate—
(A) on the filing of a complaint by the Sec-
retary in an action under subsection (d) in
which restraint is sought of any further delay in
the payment of the amount described in para-
graph (1)(A) to such employee by an employer
responsible under paragraph (1) for the pay-
ment; or
(B) on the filing of a complaint by the Sec-
retary in an action under subsection (b) in
which a recovery is sought of the damages de-
scribed 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 com-
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plaints of violations of section 105 in the same man-
ner that the Secretary receives, investigates, and at-
tempts 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 re-
cover 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 af-
fected. Any such sums not paid to an employee be-
cause 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 para-
graph (2), an action may be brought under this sec-
tion 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 ac-
tion brought for a willful violation of section 105,
such action may be brought within 3 years of the date
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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 sec-
tion for the purposes 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, includ-
ing the restraint of any withholding of payment of
wages, salary, employment benefits, or other com-
pensation, 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 litiga-
tion brought under this section.
SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF
LOCAL EDUCATIONAL AGENCIES.
(a) APPLICATION.—
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(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 de-
fined 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 agen-
cy; and
(B) any private elementary or secondary
school and an eligible employee of the school.
(2) DEFINITIONS.—For purposes of the applica-
tion described in paragraph (1):
(A) ELIGIBLE EMPLOYEE.—The term ‘‘eligi-
ble 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 para-
graph (1).
(b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FED-
ERAL LAWS.—A local educational agency and a private ele-
mentary 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
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(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 sub-
paragraph (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 pe-
riod during which the leave would extend, the agency
or school may require that such employee elect ei-
ther—
(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
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(ii) better accommodates recurring pe-
riods 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 CON-
CLUSION OF AN ACADEMIC TERM.—The following rules
shall apply with respect to periods of leave near the conclu-
sion of an academic term in the case of any eligible em-
ployee 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.
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(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 du-
ration; 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 PO-
SITION.—For purposes of determinations under section
104(a)(1)(B) (relating to the restoration of an eligible em-
ployee to an equivalent position), in the case of a local edu-
cational agency or a private elementary or secondary
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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 second-
ary school that has violated this title proves to the satisfac-
tion 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 li-
ability provided for under section 107(a)(1)(A) 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 em-
ployer where notices to employees and applicants for em-
ployment 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.
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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 fol-
lowing 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 sec-
tion 6301(2), but excluding any individual em-
ployed by the government of the District of Co-
lumbia and any individual employed on a tem-
porary 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
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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 par-
ent 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
‘‘(6) the term ‘son or daughter’ means a biologi-
cal, 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
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‘‘(b)(1) Leave under subparagraph (A) or (B) of sub-
section (a)(1) shall not be taken by an employee intermit-
tently 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 sub-
section (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 em-
ployee 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 re-
quire 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 em-
ployee.
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‘‘(c) Except as provided in subsection (d), leave grant-
ed 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 noth-
ing 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.
‘‘(e)(1) In any case in which the necessity for leave
under subparagraph (A) or (B) of subsection (a)(1) is fore-
seeable based on an expected birth or placement, the em-
ployee 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 sub-
paragraph, 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 oper-
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ations of the employing agency, subject to the ap-
proval 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 certifi-
cation 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 condi-
tion commenced;
‘‘(2) the probable duration of the condition;
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‘‘(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 need-
ed to care for the son, daughter, spouse, or parent,
and an estimate of the amount of time that such em-
ployee 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 un-
able 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 re-
quire, at the expense of the agency, that the employee obtain
the opinion of a second health care provider designated or
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approved by the employing agency concerning any informa-
tion certified under subsection (b) for such leave.
‘‘(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 de-
scribed in subsection (c) differs from the original certifi-
cation 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 des-
ignated 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 con-
cerning the information certified under subsection (b) shall
be considered to be final and shall be binding on the em-
ploying 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—
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‘‘(1) to be restored by the employing agency to
the position held by the employee when the leave com-
menced; 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 re-
stored employee to—
‘‘(1) the accrual of any employment benefits dur-
ing any period of leave; or
‘‘(2) any right, benefit, or position of employ-
ment 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.
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‘‘(e) Nothing in this section shall be construed to pro-
hibit an employing agency from requiring an employee on
leave under section 6382 to report periodically to the em-
ploying 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 in-
timidate, 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—
‘‘(1) the term ‘intimidate, threaten, or coerce’ in-
cludes 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 compensa-
tion); 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
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pay currently into the Employees Health Benefits Fund
(described in section 8909), the appropriate employee con-
tributions.
‘‘§ 6387. Regulations
‘‘The Office of Personnel Management shall prescribe
regulations necessary for the administration of this sub-
chapter. The regulations prescribed under this subchapter
shall, to the extent appropriate, be consistent with the regu-
lations 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 sub-
paragraph:
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‘‘(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 ‘‘Com-
mission’’).
SEC. 302. DUTIES.
The Commission shall—
(1) conduct a comprehensive study of—
(A) existing and proposed mandatory and
voluntary policies relating to family and tem-
porary medical leave, including policies provided
by employers not covered under this Act;
(B) the potential costs, benefits, and impact
on productivity, job creation and business
growth of such policies on employers and em-
ployees;
(C) possible differences in costs, benefits,
and impact on productivity, job creation and
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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 enforce-
ment of title I with respect to employees de-
scribed 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 replace-
ment during periods of family and medical
leave.
(2) not later than 2 years after the date on
which the Commission first meets, prepare and sub-
mit, to the appropriate Committees of Congress, a re-
port concerning the subjects listed in paragraph (1).
SEC. 303. MEMBERSHIP.
(a) COMPOSITION.—
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(1) APPOINTMENTS.—The Commission shall be
composed of 12 voting members and 4 ex officio mem-
bers 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 ap-
pointed by the Majority Leader of the Senate,
and one Senator shall be appointed by the Mi-
nority Leader of the Senate.
(B) MEMBERS OF HOUSE OF REPRESENTA-
TIVES.—One Member of the House of Representa-
tives 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 Representa-
tives.
(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
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(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 Administration 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 appoint-
ment was made. The vacancy shall not affect the power of
the remaining members to execute the duties of the Commis-
sion.
(c) CHAIRPERSON
AND VICE CHAIRPERSON.—The
Commission shall elect a chairperson and a vice chair-
person 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.
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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 Com-
mission considers appropriate. The Commission may ad-
minister oaths or affirmations to witnesses appearing before
it.
(c) ACCESS TO INFORMATION.—The Commission may
secure directly from any Federal agency information nec-
essary 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
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of such agency shall furnish such information to the Com-
mission.
(d) USE OF FACILITIES AND SERVICES.—Upon the re-
quest 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 re-
quest 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 Com-
mission 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 serv-
ices 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 Con-
gress.
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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 su-
persede any provision of any State or local law that pro-
vides 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 em-
ployees under this Act or any amendment made by this Act
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shall not be diminished by any collective bargaining agree-
ment 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 adopt-
ing or retaining leave policies more generous than any poli-
cies 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 para-
graph (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—
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(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.
TITLE V—COVERAGE OF
CONGRESSIONAL EMPLOYEES
SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.
(a) COVERAGE.—The rights and protections estab-
lished under sections 101 through 105 shall apply with re-
spect 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
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apply with respect to an allegation of a violation
under such Act.
(2) ENTITY.—Such an allegation shall be ad-
dressed by the Office of Senate Fair Employment
Practices or such other entity as the Senate may des-
ignate.
(c) RIGHTS OF EMPLOYEES.—The Office of Senate
Fair Employment Practices shall ensure that Senate em-
ployees are informed of their rights under sections 101
through 105.
(d) LIMITATIONS.—A request for counseling under sec-
tion 305 of such Act by a Senate employee alleging a viola-
tion 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 provi-
sions of subsections (b), (c), (d), and (e), except as such sub-
sections apply with respect to section 309 of the Government