I
105TH CONGRESS
2D SESSION
H. R. 3751
To amend the Family and Medical Leave Act of 1993.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1998
Mr. FAWELL (for himself, Mr. GOODE, Mr. STENHOLM, Mr. PICKETT, Mr.
HALL of Texas, and Mr. PETERSON of Pennsylvania) introduced the fol-
lowing 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 de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Family and Medical Leave Act of 1993.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Family and Medical Leave Clarification Act’’.
(b) REFERENCES.—Whenever in this Act an amend-
ment is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to that section or other provision of
the Family and Medical Leave Act of 1993.
(c) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Certification requirements.
Sec. 8. Regulations.
Sec. 9. Effective date.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Family and Medical Leave Act of 1993
(in this section referred to as the ‘‘Act’’) is not
working as Congress intended when it passed the
Act in 1993. Many employers, including those na-
tionally recognized as having generous family-friend-
ly benefit and leave programs, are experiencing seri-
ous problems complying with the Act.
(2) The Department of Labor’s overly broad
regulations and interpretations have caused many of
these problems by greatly expanding the Act’s cov-
erage to apply to many non-serious health condi-
tions.
(3) Documented problems generated by the Act
include significant new administrative and personnel
costs, loss of productivity and scheduling difficulties,
unnecessary paperwork and record keeping, and
other compliance problems.
(4) The Act often conflicts with employers’ ex-
isting paid sick leave policies and prevent employers
from managing absences through their absence con-
trol plans and results in most leave under the Act
becoming paid leave.
(5) The Commission on Leave, established in
title III of the Act, which reported few difficulties
with compliance with the Act, failed to identify many
of the problems with compliance because its study
was conducted too soon after the enactment of the
Act and the most significant problems with compli-
ance arose only when employers later sought to com-
ply with the Act’s final regulations and interpreta-
tions.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
(a) AMENDMENT.—Section 101(11) (29 U.S.C.
2611(11)) is amended by adding after and below subpara-
graph (B) the following:
‘‘The term ‘serious health condition’ does not cover
short-term conditions for which treatment and recov-
ery are very brief. Conditions covered include, for ex-
ample, heart attacks, heart conditions requiring ex-
tensive therapy or surgical procedures, strokes, se-
vere respiratory conditions, spinal injuries, appendi-
citis, pneumonia, emphysema, severe arthritis, severe
nervous disorders, injuries caused by serious acci-
dents on or off the job, ongoing pregnancy, mis-
carriages, complications or illnesses related to preg-
nancy, such as severe morning sickness, the need for
prenatal care, childbirth, and recovery from child-
birth.’’.
(b) REGULATIONS.—
(1) REPEAL.—The regulations of the Secretary
of Labor, published at sections 825.114 and 825.115
of title 29 of the Code of Federal Regulations, and
opinion letters promulgated thereunder shall be null
and void on the effective date of final regulations
issued under paragraph (2).
(2) NEW
REGULATIONS.—The Secretary of
Labor shall revise the regulations referred to in
paragraph (1) and shall issue proposed regulations
making such revision not later than 90 days after
the date of enactment of this Act and shall issue
final regulations not later than 180 days after such
date of enactment.
(3) TRANSITION.—With respect to leaves and
requests for leave made under section 102 of the
Family and Medical Leave Act of 1993 occurring be-
to substitute other employer provided leave for leave
under this title, an employer may require an em-
ployee who wants leave under this title to request in
a timely manner such leave. If required by the em-
ployer, an employee who fails to make such a timely
request may be denied leave under this title.
‘‘(4) TIMELINESS OF REQUEST FOR LEAVE.—
As used in paragraph (3) of this subsection, a re-
quest for leave is timely if—
‘‘(A) in the case of foreseeable leave, the
employee provides the applicable advance notice
required by subsection (e) and submits any
written application required by the employer
within 5 working days of providing the notice to
the employer; and
‘‘(B) in the case of unforeseeable leave, the
employee notifies the employer verbally of the
need for the leave no later than the time the
leave commences and submits any written appli-
cation required by the employer within 5 work-
ing days of providing the notice to the em-
ployer, except that the 5-day period will be ex-
tended as necessary if the employee is phys-
ically or mentally incapable of providing notice
or submitting the application.’’.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended
by adding at the end the following:
‘‘(C) 
PAID
ABSENCE.—Notwithstanding
subparagraphs (A) and (B), with respect to
leave provided under subparagraph (D) of sub-
section (a)(1), where an employer provides paid
absence under an employer’s collective bargain-
ing agreement, a welfare benefit plan under the
Employee Retirement Income Security Act of
1974, or under any other sick leave, sick pay,
or disability plan, program, or policy of the em-
ployer, an employer may require the employee
to choose between such paid absence and un-
paid leave provided under this title.’’.
SEC. 7. CERTIFICATION REQUIREMENTS.
Section 103(b)(3) (29 U.S.C. 2613(b)(3)) is amended
to read as follows:
‘‘(3) the appropriate medical facts, which must
be documented by objective medical findings.’’.
SEC. 8. REGULATIONS.
(a) GENERAL RULE.—Except as provided in section
3(b)(2), not later than 6 months after the date of the en-
actment of this Act, the Secretary of Labor shall review
and revise all regulations promulgated before such date
to implement the Family and Medical Leave Act of 1993
to reflect the amendments made by this Act.
(b) With respect to actions taken by an employer be-
fore the effective date of such revised regulations, compli-
ance with the regulations in effect before such date shall
be deemed to constitute full compliance with this Act.
After the effective date of this Act, the Secretary may not
enforce regulations in effect before such date.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect
upon the expiration of 180 days after the date of the en-
actment of this Act.
Æ