I
103D CONGRESS
1ST SESSION
H. R. 680
To grant employees family and temporary medical leave under certain
circumstances, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. HOUGHTON introduced the following bill; which was referred jointly to the
Committees on Education and Labor, Post Office and Civil Service, and
House Administration
A BILL
To grant employees family and temporary medical leave
under certain circumstances, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Family and Medical Leave Act of 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I—GENERAL REQUIREMENTS FOR LEAVE
Sec. 101. Definitions.
Sec. 102. Leave requirement.
Sec. 103. Certification.
Sec. 104. Employment and benefits protection.
Sec. 105. Prohibited acts.
Sec. 106. Investigative authority.
Sec. 107. Enforcement.
Sec. 108. Special rules concerning employees of local educational agencies.
Sec. 109. Notice.
Sec. 110. Regulations.
TITLE II—LEAVE FOR CIVIL SERVICE EMPLOYEES
Sec. 201. Leave requirement.
TITLE III—COMMISSION ON LEAVE
Sec. 301. Establishment.
Sec. 302. Duties.
Sec. 303. Membership.
Sec. 304. Compensation.
Sec. 305. Powers.
Sec. 306. Termination.
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Effect on other laws.
Sec. 402. Effect on existing employment benefits.
Sec. 403. Encouragement of more generous leave policies.
Sec. 404. Regulations.
Sec. 405. Effective dates.
TITLE V—COVERAGE OF CONGRESSIONAL EMPLOYEES
Sec. 501. Leave for certain Senate employees.
Sec. 502. Leave for certain congressional employees.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the number of single-parent households and
two-parent households in which the single parent or
both parents work is increasing significantly;
(2) it is important for the development of chil-
dren and the family unit that fathers and mothers
be able to participate in early childrearing and the
care of family members who have serious health con-
ditions;
(3) the lack of employment policies to accom-
modate working parents can force individuals to
choose between job security and parenting;
(4) there is inadequate job security for employ-
ees who have serious health conditions that prevent
them from working for temporary periods;
(5) due to the nature of the roles of men and
women in our society, the primary responsibility for
family caretaking often falls on women, and such re-
sponsibility affects the working lives of women more
than it affects the working lives of men; and
(6) employment standards that apply to one
gender only have serious potential for encouraging
employers to discriminate against employees and ap-
plicants for employment who are of that gender.
(b) PURPOSES.—It is the purpose of this Act—
(1) to balance the demands of the workplace
with the needs of families, to promote the stability
and economic security of families, and to promote
national interests in preserving family integrity;
(2) to entitle employees to take reasonable leave
for medical reasons, for the birth or adoption of a
child, and for the care of a child, spouse, or parent
who has a serious health condition;
(3) to accomplish the purposes described in
paragraphs (1) and (2) in a manner that accommo-
dates the legitimate interests of employers;
(4) to accomplish the purposes described in
paragraphs (1) and (2) in a manner that, consistent
with the Equal Protection Clause of the Fourteenth
Amendment, minimizes the potential for employment
discrimination on the basis of sex by ensuring gen-
erally that leave is available for eligible medical rea-
sons (including maternity-related disability) and for
compelling family reasons, on a gender-neutral basis;
and
(5) to promote the goal of equal employment
opportunity for women and men, pursuant to such
clause.
TITLE I—GENERAL
REQUIREMENTS FOR LEAVE
SEC. 101. DEFINITIONS.
As used in this title:
(1) COMMERCE.—The terms ‘‘commerce’’ and
‘‘industry or activity affecting commerce’’ mean any
activity, business, or industry in commerce or in
which a labor dispute would hinder or obstruct com-
merce or the free flow of commerce, and include
‘‘commerce’’ and any ‘‘industry affecting com-
merce’’, as defined in paragraphs (3) and (1), re-
spectively, of section 120 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (3) and (1)).
(2) ELIGIBLE EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘eligible em-
ployee’’ means any ‘‘employee’’, as defined in
section 3(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(e)), who has been em-
ployed—
(i) for at least 12 months by the em-
ployer with respect to whom leave is re-
quested under section 102; and
(ii) for at least 1,500 hours of service
with such employer during the previous 12-
month period.
(B) EXCLUSIONS.—The term ‘‘eligible em-
ployee’’ does not include—
(i) any Federal officer or employee
covered under subchapter V of chapter 63
of title 5, United States Code (as added by
title II of this Act); or
(ii) any employee of an employer who
is employed at a worksite at which such
employer employs less than 100 employees
if the total number of employees employed
by that employer within 75 miles of that
worksite is less than 100.
(C) DETERMINATION.—For purposes of
determining whether an employee meets the
hours of service requirement specified in sub-
paragraph (A)(ii), the legal standards estab-
lished under section 7 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 207) shall apply.
(3) EMPLOY; STATE.—The terms ‘‘employ’’ and
‘‘State’’ have the same meanings given such terms
in subsections (g) and (c), respectively, of section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203 (g) and (c)).
(4) EMPLOYEE.—The term ‘‘employee’’ means
any individual employed by an employer.
(5) EMPLOYER.—
(A) 
IN
GENERAL.—The 
term 
‘‘em-
ployer’’—
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs 100 or more
employees for each working day during
each of 20 or more calendar workweeks in
the current or preceding calendar year;
(ii) includes—
(I) any person who acts, directly
or indirectly, in the interest of an em-
ployer to any of the employees of such
employer; and
(II) any successor in interest of
an employer; and
(iii) includes any ‘‘public agency’’, as
defined in section 3(x) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(x)).
(B) PUBLIC
AGENCY.—For purposes of
subparagraph (A)(iii), a public agency shall be
considered to be a person engaged in commerce
or in an industry or activity affecting com-
merce.
(6) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of
an employer or through an ‘‘employee benefit plan’’,
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1002(3)).
(7) HEALTH
CARE
PROVIDER.—The term
‘‘health care provider’’ means—
(A) a doctor of medicine or osteopathy who
is authorized to practice medicine or surgery
(as appropriate) by the State in which the doc-
tor practices; or
(B) any other person determined by the
Secretary to be capable of providing health care
services.
(8) PARENT.—The term ‘‘parent’’ means the
biological parent of an employee or an individual
who stood in loco parentis to an employee when the
employee was a son or daughter.
(9) PERSON.—The term ‘‘person’’ has the same
meaning given such term in section 3(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(a)).
(10) REDUCED LEAVE SCHEDULE.—The term
‘‘reduced leave schedule’’ means leave that reduces
the usual number of hours per workweek, or hours
per workday, of an employee.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Labor.
(12) SERIOUS HEALTH CONDITION.—The term
‘‘serious health condition’’ means an illness, injury,
impairment, or physical or mental condition that in-
volves—
(A) inpatient care in a hospital, hospice, or
residential medical care facility; or
(B) continuing treatment by a health care
provider.
(13) SON OR DAUGHTER.—The term ‘‘son or
daughter’’ means a biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a per-
son standing in loco parentis, who is—
(A) under 18 years of age; or
(B) 18 years of age or older and incapable
of self-care because of a mental or physical dis-
ability.
SEC. 102. LEAVE REQUIREMENT.
(a) IN GENERAL.—
(1) ENTITLEMENT TO LEAVE.—Subject to sec-
tion 103, an eligible employee shall be entitled to a
total of 12 workweeks of leave during any 12-month
period for one or more of the following:
(A) Because of the birth of a son or
daughter of the employee and in order to care
for such son or daughter.
(B) Because of the placement of a son or
daughter with the employee for adoption or fos-
ter 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 se-
rious 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 enti-
tlement 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
period beginning on the date of such birth or place-
ment.
(3) INTERMITTENT LEAVE.—
(A) IN GENERAL.—Leave under subpara-
graph (A) or (B) of paragraph (1) shall not be
taken by an employee intermittently unless the
employee and the employer of the employee
agree otherwise. Subject to subparagraph (B),
subsection (e), and section 103(b)(5), leave
under subparagraph (C) or (D) of paragraph
(1) may be taken intermittently when medically
necessary.
(B) ALTERNATIVE POSITION.—If an em-
ployee requests intermittent leave under sub-
paragraph (C) or (D) of paragraph (1) that is
foreseeable based on planned medical treat-
ment, the employer may require such employee
to transfer temporarily to an available alter-
native position offered by the employer for
which the employee is qualified and that—
(i) has equivalent pay and benefits;
and
(ii) better accommodates recurring pe-
riods of leave than the regular employment
position of the employee.
(b) REDUCED LEAVE.—On agreement between the
employer and the employee, leave under subsection (a)
may be taken on a reduced leave schedule. Such reduced
leave schedule shall not result in a reduction in the total
amount of leave to which the employee is entitled under
subsection (a).
(c) UNPAID LEAVE PERMITTED.—
(1) IN GENERAL.—Except as provided in sub-
section (d), leave granted under subsection (a) may
consist of unpaid leave.
(2) FAIR LABOR STANDARDS ACT OF 1938.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), an employee shall not be dis-
qualified for an exemption under section
13(a)(1) of the Fair Labor Standards Act of
1938 on the basis that when such employee
takes leave under section 102 such employee is
subject to a reduction in pay.
(B) EXCEPTION.—Subparagraph (A) shall
not apply with respect to any employee if—
(i) an action was brought in a court
involving 
the 
application 
of 
section
13(a)(1) of the Fair Labor Standards Act
of 1938 to such employee on the basis of
a reduction in pay, and
(ii) a final judgment was entered in
such action on or before the date of the en-
actment of this Act.
(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
workweeks of leave required under this title may be
provided 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 el-
igible employee may elect, or an employer may
require the employee, to substitute any of the
accrued 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 pe-
riod of such leave under such subsection, except
that nothing in this Act shall require an em-
ployer 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 adoption, the employee shall
provide the employer with not less than 30 days no-
tice, before the date the leave is to begin, of the em-
ployee’s intention to take leave under such subpara-
graph, except that if the date of the birth or adop-
tion 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
schedule the treatment so as not to disrupt un-
duly the operations of the employer, subject to
the approval of the health care provider of the
employee or the health care provider of the son,
daughter, spouse, or parent of the employee;
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
EM-
PLOYER.—In any case in which a husband and wife enti-
tled 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 sub-
section (a)(1); or
(2) to care for a sick parent under subpara-
graph (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 appro-
priate. 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 employee is needed to care for the son, daugh-
ter, spouse, or parent; and
(B) for purposes of leave under section
102(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 for planned medical treatment, the dates on
which such treatment is expected to be given and the
duration of such treatment.
(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
employer may require, at the expense of the em-
ployer, that the eligible employee obtain the opinion
of a second health care provider designated or ap-
proved by the employer concerning any information
certified under subsection (b) for such leave.
(2) LIMITATION.—A health care provider des-
ignated or approved under paragraph (1) shall not
be employed on a regular basis by the employer.
(d) RESOLUTION OF CONFLICTING OPINIONS.—
(1) IN GENERAL.—In any case in which the
second opinion described in subsection (c) differs
from the opinion in the original certification pro-
vided under subsection (a), the employer may re-
quire, at the expense of the employer, that the em-
ployee obtain the opinion of a third health care pro-
vider designated or approved jointly by the employer
and the employee concerning the information cer-
tified under subsection (b).
(2) FINALITY.—The opinion of the third health
care provider concerning the information certified
under subsection (b) shall be considered to be final
and shall be binding on the employer and the em-
ployee.
(e) SUBSEQUENT RECERTIFICATION.—The employer
may require that the eligible employee obtain subsequent
recertifications on a reasonable basis.
SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.
(a) RESTORATION TO POSITION.—
(1) IN GENERAL.—Any eligible employee who
takes leave under section 102 for the intended pur-
pose of the leave shall be entitled, on return from
such leave—
(A) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
(B) to be restored to an equivalent position
with equivalent employment benefits, pay, and
other terms and conditions of employment.
(2) LOSS OF BENEFITS.—The taking of leave
under section 102 shall not result in the loss of any
employment benefit accrued prior to the date on
which the leave commenced.
(3) LIMITATIONS.—Nothing in this section shall
be construed to entitle any restored employee to—
(A) the accrual of any seniority or employ-
ment benefits during any period of leave; or
(B) any right, benefit, or position of em-
ployment other than any right, benefit, or posi-
tion to which the employee would have been en-
titled had the employee not taken the leave.
(4) CERTIFICATION.—As a condition of restora-
tion under paragraph (1), the employer may have a
uniformly applied practice or policy that requires
each employee to receive certification from the
health care provider of the employee that the em-
ployee 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 employees taking leave
under section 102(a)(1)(D).
(5) CONSTRUCTION.—Nothing in this sub-
section shall be construed to prohibit an employer
from requiring an employee on leave under section
102 to report periodically to the employer on the
status and intention of the employee to return to
work.
(b) EXEMPTION
CONCERNING
CERTAIN
HIGHLY
COMPENSATED EMPLOYEES.—
(1) DENIAL
OF
RESTORATION.—An employer
may deny restoration under subsection (a) to any el-
igible employee described in paragraph (2) if—
(A) such denial is necessary to prevent
substantial and grievous economic injury to the
operations 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 deter-
mines that such injury would occur; and
(C) in any case in which the leave has
commenced, the employee elects not to return
to employment after receiving such notice.
(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
within 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 Inter-
nal 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 con-
tinued in employment continuously from the date the
employee commenced the leave until the date the
employee is restored under subsection (a).
(2) FAILURE TO RETURN FROM LEAVE.—The
employer may recover the premium that the em-
ployer paid for maintaining coverage for the em-
ployee under such group health plan during any pe-
riod 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
(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 en-
titles 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
described in paragraph (2)(B)(i) be supported
by—
(i) a certification issued by the health
care provider of the eligible employee, in
the case of an employee unable to return
to work because of a condition specified in
section 102(a)(1)(D); or
(ii) a certification issued by the health
care provider of the son, daughter, spouse,
or parent of the employee in the case of an
employee unable to return to work because
of 
a 
condition 
specified 
in 
section
102(a)(1)(C).
(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)(i)
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 em-
ployee on the date that the leave of the
employee expired.
(ii) LEAVE DUE TO SERIOUS HEALTH
CONDITION
OF
FAMILY
MEMBER.—The
certification described in subparagraph
(A)(ii) 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 ex-
pired.
SEC. 105. PROHIBITED ACTS.
(a) INTERFERENCE WITH RIGHTS.—
(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
inquiry or proceeding relating to any right provided
under this title.
SEC. 106. INVESTIGATIVE AUTHORITY.
(a) IN GENERAL.—To ensure compliance with the
provisions of this title, or any regulation or order issued
under this title, the Secretary shall have, subject to sub-
section (c), the investigative authority provided under sec-
tion 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 keep and preserve records
in accordance with section 11(c) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 211(c)) and in accordance
with regulations issued by the Secretary.
(c) REQUIRED SUBMISSIONS GENERALLY LIMITED
TO AN ANNUAL BASIS.—The Secretary shall not under the
authority 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
investigation provided for in this section, the Secretary
shall have the subpoena authority provided for under sec-
tion 9 of the Fair Labor Standards Act of 1938 (29
U.S.C. 209).
SEC. 107. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.—
(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
reason of the violation; or
(II) in a case in which wages,
salary, 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
salary 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 an employer who has violated section
105 proves to the satisfaction of the court
that the act or omission which violated sec-
tion 105 was in good faith and that the
employer had reasonable grounds for be-
lieving that the act or omission was not a
violation of section 105, such court may, in
the discretion of the court, reduce the
amount of the liability to the amount and
interest determined under clauses (i) and
(ii), respectively; and
(B) for such equitable relief as may be ap-
propriate, including, without limitation, employ-
ment, reinstatement, and promotion.
(2) STANDING.—An action to recover the dam-
ages or equitable relief prescribed in paragraph (1)
may be maintained against any employer (including
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
similarly situated.
(3) FEES AND COSTS.—The court in such an
action shall, in addition to any judgment awarded to
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the
action to be paid by the defendant.
(4) LIMITATIONS.—The right provided by para-
graph (1) to bring an action by or on behalf of any
employee shall terminate, unless such action is dis-
missed without prejudice on motion of the Secretary,
on—
(A) the filing of a complaint by the Sec-
retary of Labor in an action under subsection
(d) in which—
(i) restraint is sought of any further
delay in the payment of the damages de-
scribed in paragraph (1)(A) to such em-
ployee by an employer liable under para-
graph (1) for the damages; or
(ii) equitable relief is sought as a re-
sult of alleged violations of section 105; or
(B) 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 para-
graph (1).
(b) ACTION BY THE SECRETARY.—
(1) ADMINISTRATIVE
ACTION.—The Secretary
shall receive, investigate, and attempt to resolve
complaints of violations of section 105 in the same
manner that the Secretary receives, investigates, and
attempts to resolve complaints of violations of sec-
tions 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
recover on behalf of an eligible employee the dam-
ages described in subsection (a)(1)(A).
(3) SUMS RECOVERED.—Any sums recovered by
the Secretary on behalf of an employee pursuant to
paragraph (2) shall be held in a special deposit ac-
count and shall be paid, on order of the Secretary,
directly to each employee affected. Any such sums
not paid to an employee because 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 sub-
section (a) or (b) not later than 2 years after the
date of the last event constituting the alleged viola-
tion for which the action is brought.
(2) WILLFUL VIOLATION.—In the case of such
action brought for a willful violation of section 105,
such action may be brought within 3 years of the
date of the last event constituting the alleged viola-
tion for which such action is brought.
(3) COMMENCEMENT.—In determining when an
action is commenced by the Secretary under sub-
section (b) 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, over an action brought by the Secretary
to restrain violations of section 105, including actions to
restrain the withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus interest,
found by the court to be due to eligible employees.
SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF
LOCAL EDUCATIONAL AGENCIES.
(a) APPLICATION.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the rights (including the rights
under section 104, which shall extend throughout
the period of leave of any employee under this sec-
tion), remedies, and procedures under this Act 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 agency; and
(B) any private elementary and secondary
school and an eligible employee of the school.
(2) DEFINITIONS.—For purposes of the appli-
cation described in paragraph (1):
(A) ELIGIBLE EMPLOYEE.—The term ‘‘eli-
gible employee’’ means an eligible employee of
an agency or school described in paragraph (1);
and
(B) EMPLOYER.—The term ‘‘employer’’
means an agency or school described in para-
graph (1).
(b) LEAVE DOES NOT VIOLATE CERTAIN OTHER
FEDERAL LAWS.—A local educational agency and a pri-
vate elementary and secondary school shall not be in viola-
tion of the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act
of 1973 (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 Act.
(c) INTERMITTENT LEAVE FOR INSTRUCTIONAL EM-
PLOYEES.—
(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
subparagraph (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 period during which the leave would extend, the
agency or school may require that such employee
elect either—
(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
(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
CONCLUSION
OF
AN ACADEMIC TERM.—The following
rules shall apply with respect to periods of leave near the
conclusion of an academic term in the case of any eligible
employee 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 dura-
tion; and
(B) the return to employment would occur
during the 3-week period before the end of such
term.
(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 tak-
ing leave until the end of such term, if—
(A) the leave is of greater than 2 weeks
duration; 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 paragraph (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 dura-
tion of the leave is greater than 5 working days, the
agency or school may require the employee to con-
tinue to take leave until the end of such term.
(e) RESTORATION
TO EQUIVALENT EMPLOYMENT
POSITION.—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
educational agency or a private elementary and secondary
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 and sec-
ondary school that has violated title I proves to the satis-
faction of the administrative law judge or the court that
the agency, school, or department had reasonable grounds
for believing that the underlying act or omission was not
a violation of such title, such judge or court may, in the
discretion of the judge or court, reduce the amount of the
liability 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
employer where notices to employees and applicants for
employment are customarily posted, a notice, to be pre-
pared 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 shall be assessed a civil money penalty not
to exceed $100 for each separate offense.
SEC. 110. REGULATIONS.
Not later than 60 days after the date of enactment
of this title, the Secretary shall prescribe such regulations
as are necessary to carry out this title.
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
following new subchapter:
‘‘SUBCHAPTER V—FAMILY AND MEDICAL
LEAVE
‘‘§ 6381. Definitions
‘‘For the purpose of this subchapter—
‘‘(1) the term ‘employee’ means an individual
who has been employed for at least 12 months on
other than a temporary or intermittent basis—
‘‘(A) as an employee as defined by section
6301(2) (excluding an individual employed by
the Government of the District of Columbia); or
‘‘(B) in a position referred to in clause (v)
or (ix) of such section;
‘‘(2) the term ‘health care provider’ means—
‘‘(A) a doctor of medicine or osteopathy
who is authorized to practice medicine or sur-
gery (as 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
leave 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 bio-
logical, 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
‘‘(B) 18 years of age or older and incapa-
ble of self-care because of a mental or physical
disability.
‘‘§ 6382. Leave requirement
‘‘(a)(1) An employee shall be entitled, subject to sec-
tion 6383, to a total of 12 administrative workweeks of
leave during any 12-month period for one or more of the
following:
‘‘(A) Because of the birth of a son or daughter
of the employee and in order to care for such son
or daughter.
‘‘(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 condi-
tion.
‘‘(D) Because of a serious health condition that
makes the employee unable to perform the functions
of the employee’s position.
‘‘(2) The entitlement to leave under subparagraph
(A) or (B) of paragraph (1) based on the birth or place-
ment of a son or daughter shall expire at the end of the
12-month period beginning on the date of such birth or
placement.
‘‘(3)(A) Leave under subparagraph (A) or (B) of
paragraph (1) shall not be taken by an employee intermit-
tently unless the employee and the employing agency of
the employee agree otherwise. Subject to subparagraph
(B), subsection (e), and section 6383(b)(5), leave under
subparagraph (C) or (D) of paragraph (1) may be taken
intermittently when medically necessary.
‘‘(B) If an employee requests intermittent leave under
subparagraph (C) or (D) of paragraph (1) that is foresee-
able based on planned medical treatment, the employing
agency may require such employee to transfer temporarily
to an available alternative position offered by the employ-
ing agency for which the employee is qualified and that—
‘‘(i) has equivalent pay and benefits; and
‘‘(ii) better accommodates recurring periods of
leave than the regular employment position of the
employee.
‘‘(b) On agreement between the employing agency
and the employee, leave under subsection (a) may be taken
on a reduced leave schedule. In the case of an employee
on a reduced leave schedule, any hours of leave taken by
such employee under such schedule shall be subtracted
from the total amount of leave remaining available to such
employee under subsection (a), for purposes of the 12-
month period involved, on an hour-for-hour basis.
‘‘(c) Except as provided in subsection (d), leave
granted 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 an-
nual or sick leave under subchapter I for any part of the
12-week period of leave under such subparagraph, except
that nothing 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
foreseeable based on an expected birth or placement, the
employee 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 adoption
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 em-
ployee—
‘‘(A) shall make a reasonable effort to schedule
the treatment so as not to disrupt unduly the oper-
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; 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, daugh-
ter, spouse, or parent of the employee, as appropriate. The
employee shall provide, in a timely manner, a copy of such
certification 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;
‘‘(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
needed to care for the son, daughter, spouse, or par-
ent, and an estimate of the amount of time that
such employee is needed to care for such son, daugh-
ter, 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 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 pro-
vided under subsection (a) for leave under subparagraph
(C) or (D) of section 6382(a)(1), the employing agency
may require, at the expense of the agency, that the em-
ployee obtain the opinion of a second health care provider
designated or approved by the employing agency concern-
ing any information 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 agen-
cy may require, at the expense of the agency, that the em-
ployee obtain the opinion of a third health care provider
designated 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
concerning the information certified under subsection (b)
shall be considered to be final and shall be binding on the
employing agency and the employee.
‘‘(e) The employing agency may require, at the ex-
pense 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 enti-
tled, upon return from such leave—
‘‘(1) to be restored by the employing agency to
the position held by the employee when the leave
commenced; 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
restored employee to—
‘‘(1) the accrual of any seniority or employment
benefits during 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), the employing agency may have a uniformly applied
practice or policy that requires each employee to receive
certification from the health care provider of the employee
that the employee is able to resume work.
‘‘(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 the rights of the em-
ployee under this subchapter.
‘‘(b) For the purpose of this section, ‘intimidate,
threaten, or coerce’ includes promising to confer or confer-
ring any benefit (such as appointment, promotion, or com-
pensation), or taking or threatening to take any reprisal
(such as deprivation of appointment, promotion, or com-
pensation).
‘‘§ 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 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 be consistent with the regulations prescribed by the
Secretary of Labor under title I of the Family and Medical
Leave Act of 1993.’’.
(2) TABLE OF CONTENTS.—The table of con-
tents 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:
‘‘(E) subchapter V of chapter 63, which
shall be applied so as to construe references to
benefit programs to refer to applicable pro-
grams 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 (hereinafter referred to in this title
as the ‘‘Commission’’).
SEC. 302. DUTIES.
The Commission shall—
(1) conduct a comprehensive study of—
(A) existing and proposed policies relating
to leave;
(B) the potential costs, benefits, and im-
pact on productivity of such policies on employ-
ers; and
(C) alternative and equivalent State en-
forcement of this Act with respect to employees
described in section 108(a); and
(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
report concerning the subjects listed in paragraph
(1).
SEC. 303. MEMBERSHIP.
(a) COMPOSITION.—
(1) APPOINTMENTS.—The Commission shall be
composed of 12 voting members and 2 ex officio
members to be appointed not later than 60 days
after the date of the enactment of this Act as fol-
lows:
(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 Rep-
resentatives shall be appointed by the Speaker
of the House of Representatives, and one Mem-
ber of the House of Representatives shall be ap-
pointed by the Minority Leader of the House of
Representatives.
(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
(IV) the Minority Leader of the
Senate.
(ii) EXPERTISE.—Such members shall
be appointed by virtue of demonstrated ex-
pertise in relevant family, temporary dis-
ability, and labor-management issues and
shall include representatives of employers.
(2) EX OFFICIO MEMBERS.—The Secretary of
Health and Human Services and the Secretary of
Labor 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
Commission.
(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.
SEC. 304. COMPENSATION.
(a) PAY.—Members of the Commission shall serve
without compensation.
(b) TRAVEL EXPENSES.—Members of the Commis-
sion 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 mem-
bers.
(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 Commission considers appropriate. The Commission
may administer oaths or affirmations to witnesses appear-
ing before it.
(c) ACCESS
TO INFORMATION.—The Commission
may secure directly from any Federal agency information
necessary to enable it to carry out this Act, if the informa-
tion may be disclosed under section 552 of title 5, United
States Code. Subject to the previous sentence, on the re-
quest of the chairperson or vice chairperson of the Com-
mission, the head of such agency shall furnish such infor-
mation to the Commission.
(d) EXECUTIVE DIRECTOR.—The Commission may
appoint an Executive Director from the personnel of any
Federal agency to assist the Commission in carrying out
the duties of the Commission. Any appointment shall not
interrupt or otherwise affect the civil service status or
privileges of the employee appointed.
(e) USE OF FACILITIES AND SERVICES.—Upon the
request of the Commission, the head of any Federal agen-
cy may make available to the Commission any of the facili-
ties and services of such agency.
(f) PERSONNEL FROM OTHER AGENCIES.—On the
request of the Commission, the head of any Federal agen-
cy may detail any of the personnel of such agency to assist
the Commission in carrying out the duties of the Commis-
sion. Any detail shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee.
(g) VOLUNTARY SERVICE.—Notwithstanding section
1342 of title 31, United States Code, the chairperson of
the Commission may accept for the Commission voluntary
services 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 Congress.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. EFFECT ON OTHER LAWS.
(a) FEDERAL
AND STATE ANTI-DISCRIMINATION
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 supersede any provision of any State and local law that
provides greater employee leave rights than the rights es-
tablished 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 dimin-
ish the obligation of an employer to comply with any col-
lective bargaining agreement or any employment benefit
program or plan that provides greater family and medical
leave rights to employees than the rights provided under
this Act or any amendment made by this Act.
(b) LESS PROTECTIVE.—The rights provided to em-
ployees under this Act or any amendment made by this
Act shall not be diminished by any collective bargaining
agreement 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
adopting or retaining leave policies more generous than
any policies 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 regula-
tions as are necessary to carry out sections 401 through
403 not later than 60 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—
(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
respect 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 Em-
ployee 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 employ-
ment 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 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
designate.
(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
section 305 of such Act by a Senate employee alleging a
violation 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 coun-
seling 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 applica-
ble to individuals who demonstrate a violation of a provi-
sion 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
subsections apply with respect to section 309 of the Gov-
ernment Employee Rights Act of 1991 (2 U.S.C. 1209),
are enacted by the Senate as an exercise of the rulemaking
power of the Senate, with full recognition of the right of
the Senate to change its rules, in the same manner, and
to the same extent, as in the case of any other rule of
the Senate. No Senate employee may commence a judicial
proceeding with respect to an allegation described in sub-
section (b)(1), except as provided in this section.
(g) SEVERABILITY.—Notwithstanding any other pro-
vision of law, if any provision of section 309 of the Govern-
ment Employee Rights Act of 1991 (2 U.S.C. 1209) or
of subsection (e) is invalidated, both such section 309 and
subsection (e) shall have no force and effect, and shall be
considered to be invalidated for purposes of section 322
of such Act (2 U.S.C. 1221).
(h) DEFINITIONS.—As used in this section:
(1) EMPLOYING OFFICE.—The term ‘‘employing
office’’ means the office with the final authority de-
scribed in section 301(2) of such Act (2 U.S.C.
1201(2)).
(2) SENATE
EMPLOYEE.—The term ‘‘Senate
employee’’ means an employee described in subpara-
graph (A) or (B) of section 301(c)(1) of such Act
(2 U.S.C. 1201(c)(1)) who has been employed for at
least 12 months on other than a temporary or inter-
mittent basis by any employing office.
SEC. 502. LEAVE FOR CERTAIN CONGRESSIONAL EMPLOY-
EES.
(a) IN GENERAL.—The rights and protections under
sections 102 through 105 (other than section 104(b)) shall
apply to any employee in an employment position and any
employing authority of the House of Representatives.
(b) ADMINISTRATION.—In the administration of this
section, the remedies and procedures under the Fair Em-
ployment Practices Resolution shall be applied.
(c) DEFINITION.—As used in this section, the term
‘‘Fair Employment Practices Resolution’’ means the reso-
lution in rule LI of the Rules of the House of Representa-
tives.
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