1307 
‘‘(ii) for any calendar year after 2023, 
45 days before the beginning of such cal-
endar year, 
or, if later, the date that is 45 days before a 
plan described in paragraph (1)(B) first goes 
into effect. 
‘‘(c) EMPLOYER PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A paid family and medical 
leave benefit program shall not be considered to 
meet the requirements of this subsection unless such 
program consists of a written employer policy that 
provides for the payment, through one or more em-
ployee benefit plans, of family and medical leave 
benefits, which may be guaranteed through an in-
surer and which may be administered by an insurer 
or by another third-party entity, that includes each 
element in the model template described in para-
graph (2), and that provides for each of the fol-
lowing: 
‘‘(A) The provision of such benefits to all 
employees described in subsection (b)(1)(A), re-
gardless of length of service, job type, member-
ship in a labor organization, seniority status, or 
any other employee classification. 
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‘‘(B) Each of the job protections and other 
employee 
rights 
described 
in 
subsection 
(b)(1)(F). 
‘‘(C) Each of the assurances described in 
subsection (b)(1)(G). 
‘‘(D) Submission of information to the 
Secretary as described in subsection (e). 
‘‘(2) MODEL TEMPLATE.—Not later than July 
1, 2022, the Secretary shall make available to eligi-
ble employers a model template of a written policy 
providing paid family and medical leave benefits— 
‘‘(A) at a wage replacement rate that is at 
least as great as the wage replacement rate that 
an employee would receive under the program 
under this title (without regard to section 
2202(c)(2)(C)); 
‘‘(B) for a total number of weeks of paid 
leave that is at least as great as the total num-
ber of weeks of paid leave that an employee 
would receive under the program under this 
title (without regard to such section); 
‘‘(C) for all of the reasons for which an in-
dividual would be considered to be engaged in 
qualified 
caregiving 
under 
section 
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2202(c)(2)(A), regardless of any pre-existing 
medical conditions; 
‘‘(D) for leave which may be taken inter-
mittently or on a reduced leave schedule; 
‘‘(E) that does not impose any fee on any 
employee related to the receipt of such benefits. 
‘‘(F) which must be paid not less fre-
quently than monthly; 
‘‘(G) for which applications must be proc-
essed and notifications provided at least as 
quickly as is provided under section 2204 for 
benefits provided under section 2202(a); and 
‘‘(H) for which any information contained 
in an application for such benefits shall be pre-
sumed to be true and accurate, unless the em-
ployer (or administering entity) demonstrates 
by a preponderance of the evidence that infor-
mation contained in the application is false; 
‘‘(3) NATIONAL
AVERAGE
COST.—Not later 
than October 1 of the calendar year before each cal-
endar year beginning with 2023, the Secretary shall 
determine the projected national average cost per 
employee for such calendar year of a paid family and 
medical leave benefit program that meets the re-
quirements of paragraph (2) (assuming administra-
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tive costs no greater than the average or projected 
average administrative costs of providing benefits 
under section 2202), taking into account projected 
benefit levels, duration of benefits, and frequency of 
use of the program in such calendar year. 
‘‘(d) TIMING OF PAYMENT; PENALTY FOR LATE FIL-
ING.— 
‘‘(1) INSURED
EMPLOYERS.—A grant paid 
under this section for a calendar year to an eligible 
employer described in subsection (a)(1) shall be paid 
by the Secretary not later than 30 days after the be-
ginning of such calendar year, except that in the 
case of a grant under this section for calendar year 
2023, such grant shall be paid by the Secretary not 
later than August 1, 2023. 
‘‘(2) SELF-INSURED
EMPLOYERS.—A grant 
paid under this section for a calendar year to an eli-
gible employer described in subsection (a)(2) shall be 
paid by the Secretary not later than March 31 of the 
calendar year succeeding such calendar year. 
‘‘(3) PENALTY FOR LATE FILING.—In any case 
in which an eligible employer seeking a grant under 
this subsection for a calendar year fails to submit all 
required documentation by the submission deadline 
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for such calendar year as required under subsection 
(b)(1)(B)(ii)— 
‘‘(A) the grant for such calendar year for 
such employer shall not be paid until 45 days 
after the date of payment otherwise specified in 
paragraph (1) or (2), as applicable; and 
‘‘(B) the amount of such grant shall be re-
duced by 2 percent for each 7 days by which 
such submission deadline is exceeded. 
‘‘(e) INFORMATION SUBMISSION.—As a condition of 
receiving a grant under subsection (a) for a calendar year, 
an employer shall provide the Secretary with information, 
at such times and in such manner as determined by the 
Secretary, concerning individuals who received a paid 
leave benefit under the paid family and medical leave ben-
efit program of the employer, including each individual’s 
name, information to establish the individual’s identity, 
dates for which such paid leave benefits were paid, the 
amount of such paid leave benefit, and, to the extent avail-
able, such other information concerning such individuals 
as the Secretary may require for the purpose of carrying 
out this section and section 2202(c)(2)(C), and for other-
wise carrying out the provisions of this title, including for 
the purposes of promoting equity as described under sec-
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tion 2206(a) and for research described under section 
2208(b). 
‘‘(f) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct periodic reviews of employers receiving grants 
under this section (and of entities administering 
such grants). The Secretary may withdraw approval 
of the paid family and medical leave benefit program 
of an employer in any case in which the Secretary 
finds that the employer (or administering entity) has 
violated any requirement of this section, and may 
disqualify an employer (or administering entity) 
from receiving (or administering) subsequent grants 
under this section in the case of repeated violations. 
‘‘(2) PENALTIES
RELATING
TO
APPEALS.—In 
any case in which the Secretary determines that a 
pattern exists with respect to an employer (or ad-
ministering entity) in which the employer (or admin-
istering entity) has incorrectly denied claims for paid 
leave benefits under the employer-sponsored pro-
gram and such claims have subsequently been ap-
proved by the Secretary pursuant to an appeal de-
scribed in section 2205(a)(1)(B), the Secretary may 
impose such penalties on the employer (or admin-
istering entity) as the Secretary deems appropriate, 
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