I
105TH CONGRESS
1ST SESSION
H. R. 109
To amend the Family and Medical Leave Act of 1993, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. CLAY introduced the following bill; which was referred to the Committee
on Education and the Workforce, and in addition to the Committees on
Government Reform and Oversight, and House Oversight, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend the Family and Medical Leave Act of 1993, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Family and Medical Leave Improvements Act of
1997’’.
(b) REFERENCE.—Whenever in this Act (other than
in section 4) an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Family and Medical Leave
Act of 1993.
SEC. 2. COVERAGE OF EMPLOYEES.
Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101
(29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are each amend-
ed by striking ‘‘50’’ each place it appears and inserting
‘‘25’’.
SEC. 3. GENERAL REQUIREMENTS FOR LEAVE.
(a) ENTITLEMENT TO LEAVE.—Section 102(a) (29
U.S.C. 2612(a)) is amended by adding at the end the
following:
‘‘(3) ENTITLEMENT
TO
PARENTAL
INVOLVE-
MENT AND ELDER-CARE LEAVE.—
‘‘(A) IN
GENERAL.—Subject to section
103(f), an eligible employee shall be entitled to
a total of 24 hours of leave during any 12-
month period, in addition to leave available
under paragraph (1), to—
‘‘(i) participate in school activities di-
rectly related to the educational advance-
ment of a son or daughter of the employee,
such as parent-teacher conferences or
interviewing for a new school;
‘‘(ii) accompany the son or daughter
of the employee to routine medical or den-
tal appointments, such as checkups or vac-
cinations; and
‘‘(iii) accompany an elderly relative of
the employee to routine medical or dental
appointments or appointments for other
professional services related to the elder’s
care, such as interviewing at nursing or
group homes.
‘‘(B) DEFINITIONS.—As used in this para-
graph:
‘‘(i) 
SCHOOL.—The 
term 
‘school’
means an elementary school or secondary
school (as such terms are defined in sec-
tion 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C.
8801)), a Head Start program assisted
under the Head Start Act (42 U.S.C. 9831
et seq.), and a child care facility licensed
under State law.
‘‘(ii) ELDERLY RELATIVE.—The term
‘elderly relative’ means an individual of at
least 60 years of age who is related by
blood or marriage to the employee, includ-
ing a parent.’’.
(b) SCHEDULE.—Section 102(b)(1) (29 U.S.C.
2612(b)(1)) is amended by inserting after the second sen-
tence the following: ‘‘Leave under subsection (a)(3) may
be taken intermittently or on a reduced leave schedule.’’.
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section
102(d)(2)(A) (29 U.S.C. 2612(d)(2)(A)) is amended by
inserting before the period the following: ‘‘, or for leave
provided under subsection (a)(3) for any part of the 24-
hour period of such leave under such subsection’’.
(d) NOTICE.—Section 102(e) (29 U.S.C. 2612(e)) is
amended by adding at the end the following:
‘‘(3) NOTICE
FOR
PARENTAL
INVOLVE-
MENT AND ELDERCARE LEAVE.—If the neces-
sity for leave under subsection (a)(3) is foresee-
able, the employee shall provide the employer
with not less than 7 days notice before the date
the leave is to begin. If the necessity for leave
is not foreseeable, the employee shall provide
such notice as is practicable.’’.
(e) CERTIFICATION.—Section 103 (29 U.S.C. 2613)
is amended by adding at the end the following:
‘‘(f) CERTIFICATION FOR PARENTAL INVOLVEMENT
AND ELDER-CARE LEAVE.—An employer may require
that a request for leave under section 102(a)(3) be sup-
ported by a certification issued at such time and in such
manner as the Secretary may by regulation prescribe.’’.
SEC. 4. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) ENTITLEMENT TO LEAVE.—Section 6382(a) of
title 5, United States Code, is amended by adding at the
end the following:
‘‘(3)(A) Subject to section 6383(f), an em-
ployee shall be entitled to a total of 24 hours
of leave during any 12-month period, in addi-
tion to leave available under paragraph (1), to:
‘‘(i) participate in school activities di-
rectly related to the educational advance-
ment of a son or daughter of the employee,
such as parent-teacher conferences, or
interviewing for a new school;
‘‘(ii) accompany the son or daughter
of the employee to routine medical or den-
tal appointments, such as checkups or vac-
cinations; and
‘‘(iii) accompany an elderly relative of
the employee to routine medical or dental
appointments or appointments for other
professional services related to the elder’s
care, such as interviewing at nursing or
group homes.
‘‘(B) As used in this paragraph:
‘‘(i) The term ‘school’ means an ele-
mentary school or secondary school (as
such terms are defined in section 14101 of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801)), a Head
Start program assisted under the Head
Start Act (42 U.S.C. 9831 et seq.), and a
child care facility licensed under State law.
‘‘(ii) The term ‘elderly relative’ means
an individual of at least 60 years of age
who is related by blood or marriage to the
employee, including a parent.’’.
(b) SCHEDULE.—Section 6382(b)(1) of such title is
amended by inserting after the second sentence the follow-
ing: ‘‘Leave under subsection (a)(3) may be taken inter-
mittently or on a reduced leave schedule.’’.
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section
6382(d) of such title is amended by inserting before ‘‘,
except’’ the following: ‘‘, or for leave provided under sub-
section (a)(3) any of the employee’s accrued or accumu-
lated annual leave under subchapter I for any part of the
24-hour period of such leave under such subsection’’.
(d) NOTICE.—Section 6382(e)(1) of such title is
amended by adding at the end the following: ‘‘If the neces-
sity for leave under subsection (a)(3) is foreseeable, the
employee shall provide the employer with not less than 7
days notice before the date the leave is to begin. If the
necessity for leave is not foreseeable, the employee shall
provide such notice as is practicable.’’.
(e) CERTIFICATION.—Section 6383 of such title is
amended by adding at the end the following:
‘‘(f) CERTIFICATION.—An employing agency may re-
quire that a request for leave under section 6382(a)(3)
be supported by a certification issued at such time and
in such manner as the Office of Personnel Management
may by regulation prescribe.’’.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect 120 days after the date of
enactment.
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