tification provided under subparagraph (A), the 
Secretary may require, at the expense of the 
covered agency, that the eligible employee ob-
tain the opinion of a second health care pro-
vider designated or approved by the agency con-
cerning any information certified under sub-
paragraph (A). 
(C) In any case in which the second opin-
ion described in subparagraph (B) differs from 
the opinion in the original certification provided 
under subparagraph (A), the covered agency 
may require, at the expense of the agency, that 
the employee obtain the opinion of a third 
health care provider designated or approved 
jointly by the agency and the employee con-
cerning the information certified under sub-
paragraph (A). The opinion of the third health 
care provider concerning such information shall 
be considered to be final and shall be binding 
on the agency and the employee. 
(d) PAYMENT OF BENEFITS.— 
(1) PAYMENT
FROM
TRUST
FUND.—Benefit 
payments required to be made under this section 
shall be made only from the Trust Fund.
(2) CERTIFICATION
AND
PAYMENT.—On the 
final decision of a covered agency or on the final 
judgment of any court of competent jurisdiction pur-
suant to paragraph (3) that any person is entitled 
to any payment under this section— 
(A) the covered agency shall certify to the 
Managing Trustee of the Board of Trustees of 
the Trust Fund the name and address of the 
person entitled to receive such payment, the 
amount of such payment, and the time at which 
such payment shall be made; 
(B) the Managing Trustee shall pay the 
certified amount from the Trust Fund to the 
covered agency; and 
(C) the covered agency shall make the pay-
ment to the person. 
(3) REVIEW.—Any eligible employee dissatisfied 
with any initial determination under this section 
shall be entitled to reconsideration of the determina-
tion, and a hearing on the determination, by the 
Secretary to the same extent as is provided in sec-
tion 205(b) of the Social Security Act (42 U.S.C. 
405(b)) and to judicial review of the final decision 
after such hearing as is provided in section 205(g) 
of the Social Security Act (42 U.S.C. 405(g)).
(4) WITHHOLDING OF CERTIFICATION.—In any 
case in which a review of the covered agency’s deci-
sion is or may be sought under paragraph (3), the 
covered agency may withhold certification of pay-
ment pending such review. 
(5) OTHER
COMPENSATION.—Except as pro-
vided in section 105, no employee shall be eligible to 
receive paid leave benefits under this title for any 
period during which— 
(A) the employee is receiving worker’s 
compensation or compensation through unem-
ployment insurance in connection with the event 
for which the employee is taking the leave; or 
(B) the employee is receiving paid leave 
benefits from an employer under a voluntary 
employer plan approved under paragraph (3). 
(e) REGULATIONS.—The Secretary shall issue regula-
tions to carry out this subsection, including the determina-
tion of benefits for leave taken intermittently or on a re-
duced leave schedule, or for leave taken by a part-time, 
seasonal, or intermittent employee. 
SEC. 103. VOLUNTARY EMPLOYER PLAN. 
The Secretary shall approve any voluntary plan of an 
employer as to which the Secretary finds that there is at
least one employee in employment and all of the following 
exist: 
(1) The rights afforded to the covered employ-
ees are equal or greater than those provided in the 
relevant Program. 
(2) The plan has been made available to all of 
the employees of the employer employed in the 
United States or to all employees at any one dis-
tinct, separate establishment maintained by the em-
ployer in the United States. As used in this para-
graph, the term ‘‘employees’’ includes those individ-
uals in partial or other forms of short-time employ-
ment and employees not in employment as the Sec-
retary shall prescribe by regulation. 
(3) A majority of the employees of the employer 
employed in the United States or a majority of the 
employees employed at any one distinct, separate es-
tablishment maintained by the employer in the 
United States have consented to the plan. 
(4) The plan provides for insurance to be issued 
by an admitted disability insurer approved by the 
Secretary or equivalent. 
(5) The employer has consented to the plan and 
has agreed to make the payroll deductions required,
if any, and transmit the proceeds to the disability in-
surer, if any. 
(6) The plan provides for the inclusion of future 
employees. 
(7) The plan will be in effect for a period of not 
less than one year and, thereafter, continuously un-
less the Secretary finds that the employer or a ma-
jority of its employees employed in the United States 
or a majority of the employees employed at any one 
distinct, separate establishment maintained by the 
employer in the United States covered by the plan 
have given notice of the termination of the plan and 
paid a fee to the Secretary in such amount as the 
Secretary deems adequate to cover family and med-
ical insurance benefits under this title to all employ-
ees of the employer for a period of at least four cal-
endar months, plus an amount to pay administrative 
costs related to processing and paying such benefits. 
The notice shall be filed in writing with the Sec-
retary and shall be effective only on the anniversary 
of the effective date of the plan next following the 
filing of the notice, but in any event not less than 
30 days from the time of the filing of the notice. 
Amounts received by the Secretary under this sub-
paragraph shall be deposited in the Trust Fund.
(8) The amount of deductions from the wages 
of an employee in effect for any plan shall not be in-
creased on any date other than on the date of an an-
niversary of the effective date of the plan. 
SEC. 104. ADDITIONAL BENEFITS. 
(a) ADDITIONAL STATE PROGRAMS.—Any State that 
has a separate State family and medical insurance pro-
gram or temporary disability program may pay an eligible 
employee benefits under such separate program in addi-
tion to the benefits under this title or use the separate 
State program to pay for additional weeks of benefits after 
the benefits available under this title are exhausted. 
(b) ADDITIONAL EMPLOYER BENEFITS.—Nothing in 
this title disallows an employer who participates in a State 
Program from providing an employee additional benefits 
in addition to the family and medical insurance benefit 
provided under this title. These additional employer bene-
fits shall not reduce the amount of the benefit that an 
employee collects from the family and medical insurance 
benefit under the State Program. 
(c) COLLECTIVE BARGAINING.—Nothing in this title 
shall interfere with the right of unions to bargain collec-
tively with employers to provide benefits that are better 
than the family and medical insurance benefit provided 
under this title.