I 
110TH CONGRESS 
1ST SESSION H. R. 1369 
To amend the Family and Medical Leave Act of 1993 to expand the scope 
of the Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2007 
Mrs. MALONEY of New York introduced the following bill; which was referred 
to the Committee on Education and Labor, and in addition to the Com-
mittees on Oversight and Government Reform and House Administration, 
for a period to be subsequently determined 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 to 
expand the scope of the Act, 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 Expansion Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
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TITLE I—FAMILY INCOME TO RESPOND TO SIGNIFICANT 
TRANSITIONS 
Sec. 101. Short title. 
Sec. 102. Purposes. 
Sec. 103. Definitions. 
Sec. 104. Grant projects. 
Sec. 105. Notification. 
Sec. 106. Evaluations and reports. 
Sec. 107. Authorization of appropriations. 
Sec. 108. Technical and conforming amendments. 
TITLE II—FAMILY FRIENDLY WORKPLACES 
Sec. 201. Short title. 
Sec. 202. Coverage of employees. 
TITLE III—EMPLOYMENT PROTECTION FOR BATTERED WOMEN 
Sec. 301. Entitlement to Leave for addressing domestic violence for non-federal 
employees. 
Sec. 302. Entitlement to Leave for addressing domestic violence for Federal 
employees. 
Sec. 303. Existing Leave usable for domestic violence. 
TITLE IV—FEDERAL EMPLOYEES PAID PARENTAL LEAVE 
Sec. 401. Short title. 
Sec. 402. Grant project. 
Sec. 403. Technical and conforming amendments. 
Sec. 404. Effective date. 
TITLE V—TIME FOR SCHOOLS 
Sec. 501. Short title. 
Sec. 502. General requirements for Leave. 
Sec. 503. School involvement Leave for civil service employees. 
Sec. 504. Effective date. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Since the enactment of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 
more than 50,000,000 Americans have taken leave 
for family or medical reasons. 
(2) Of those taking leave under the Family and 
Medical Leave Act of 1993, 52 percent took the 
leave for their own serious health conditions, and 26 
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percent took the leave to care for a new child or for 
maternity disability reasons. 
(3) While the leave provided by the Family and 
Medical Leave Act of 1993 has proven to be a crit-
ical resource for millions of Americans, too many 
people are left behind because the Act provides only 
unpaid leave. 
(4) According to a 2000 Department of Labor 
survey— 
(A) 3,500,000 Americans needed family 
and medical leave but could not afford to take 
time off without pay; 
(B) nearly four-fifths (78 percent) of those 
surveyed who needed the leave but did not take 
it said they could not afford unpaid leave; 
(C) 9 percent of those taking family and 
medical leave and receiving less than full pay 
during their longest period of the leave had to 
go on public assistance to cover their lost 
wages; and 
(D) 73 percent of those taking family and 
medical leave had incomes above $30,000. 
(5) Decades ago, only a tiny fraction of mothers 
with infants under age 1 were in the workforce. In 
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2004, about 55 percent of mothers with infants 
under age 1 were in the workforce. 
(6) Worldwide, 128 countries of the 172 re-
sponding to an International Social Security Asso-
ciation survey in 1999 provided at least some paid 
and job protected maternity leave, and, on average, 
provided 16 weeks of basic paid maternity leave. In 
some countries, paid maternity leave is mandatory 
and in others it is voluntary. 
(7) A European Union directive mandating 14 
weeks of paid maternity leave was adopted as a 
health and safety measure in 1992. 
(8) Among the 29 Organization for Economic 
Cooperation and Development (OECD) countries, 
the most advanced industrialized countries, the aver-
age period of childbirth-related leave (including ma-
ternity, paternity, and parental leaves) is 44 weeks 
(10 months) with additional time provided in some 
countries for leave to care for a sick child. In those 
countries, the average duration of paid childbirth-re-
lated leave is 36 weeks. 
(9) In more than half of the OECD countries 
(16 countries), the cash benefit provided while on 
the paid childbirth-related leave replaces between 70 
and 100 percent of prior wages. 
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(10) Among the OECD countries, adoptive 
mothers and adoptive parents are increasingly eligi-
ble for the paid childbirth-related leave. 
TITLE I—FAMILY INCOME TO RE-
SPOND 
TO 
SIGNIFICANT 
TRANSITIONS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Family Income to Re-
spond to Significant Transitions Insurance Act’’. 
SEC. 102. PURPOSES. 
The purposes of this title are— 
(1) to establish a grant program that supports 
the efforts of States and political subdivisions to 
provide partial or full wage replacement, often re-
ferred to as FIRST insurance, to new parents so 
that the new parents are able to spend time with a 
new infant or newly adopted child, and to other em-
ployees; and 
(2) to learn about the most effective mecha-
nisms for providing the wage replacement assistance. 
SEC. 103. DEFINITIONS. 
In this title: 
(1) EMPLOYER; SON OR DAUGHTER; STATE.— 
The terms ‘‘employer’’, ‘‘son or daughter’’, and 
‘‘State’’ have the meanings given the terms in sec-
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tion 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor, acting after consultation 
with the Secretary of Health and Human Services. 
SEC. 104. GRANT PROJECTS. 
(a) GRANTS.— 
(1) IN GENERAL.—The Secretary shall make 
grants to eligible entities to pay for the Federal 
share of the cost of carrying out projects that assist 
families by providing, through various mechanisms, 
wage replacement for eligible individuals who are re-
sponding to— 
(A) caregiving needs resulting from the 
birth or adoption of a son or daughter; or 
(B) other family caregiving needs. 
(2) PERIODS.—The Secretary shall make the 
grants for periods of 5 years. 
(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall be a State or polit-
ical subdivision of a State. 
(c) USE OF FUNDS.— 
(1) IN
GENERAL.—An entity that receives a 
grant under this section may use the funds made 
available through the grant to provide partial or full 
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wage replacement as described in subsection (a) to 
eligible individuals— 
(A) directly; 
(B) through an insurance program, such 
as a State temporary disability insurance pro-
gram or the State unemployment compensation 
benefit program; 
(C) through a private disability or other 
insurance plan, or another mechanism provided 
by a private employer; or 
(D) through another mechanism. 
(2) PERIOD.—In carrying out a project under 
this section, the entity shall provide partial or full 
wage replacement to eligible individuals for not less 
than 6 weeks during a period of leave, or an absence 
from employment, described in subsection (d)(2), 
during any 12-month period. Wage replacement 
available to an individual under this paragraph shall 
be in addition to any compensation from annual or 
sick leave that the individual may elect to use during 
a period of leave, or an absence from employment, 
described in subsection (d)(2), during any 12-month 
period. 
(3) ADMINISTRATIVE
COSTS.—No entity may 
use more than 10 percent of the total funds made 
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available through the grant during the 5-year period 
of the grant to pay for the administrative costs re-
lating to a project described in subsection (a). 
(d) ELIGIBLE INDIVIDUALS.—To be eligible to re-
ceive wage replacement under subsection (a), an individual 
shall— 
(1) meet such eligibility criteria as the eligible 
entity providing the wage replacement may specify 
in an application described in subsection (e); and 
(2) be— 
(A) an individual who is taking leave, 
under the Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.), other Federal, 
State, or local law, or a private plan, for a rea-
son described in subparagraph (A) or (B) of 
section 102(a)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 
(B) at the option of the eligible entity, an 
individual who— 
(i) is taking leave, under that Act, 
other Federal, State, or local law, or a pri-
vate plan, for a reason described in sub-
paragraph (C), (D), (E), or (F) of section 
102(a)(1) of the Family and Medical 
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Leave Act of 1993 (29 U.S.C. 2612(a)(1)); 
or 
(ii) leaves employment, and has an ab-
sence from employment, because the indi-
vidual has elected to care for a son or 
daughter under age 1; or 
(C) at the option of the eligible entity, an 
individual who has an absence from employ-
ment and has other characteristics specified by 
the eligible entity in an application described in 
subsection (e). 
(e) APPLICATION.—To be eligible to receive a grant 
under this section, an entity shall submit an application 
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding, at a minimum— 
(1) a plan for the project to be carried out with 
the grant; 
(2) information demonstrating that the appli-
cant consulted representatives of employers and em-
ployees, including labor organizations, in developing 
the plan; 
(3) estimates of the costs and benefits of the 
project; 
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(4)(A) information on the number and type of 
families to be covered by the project, and the extent 
of such coverage in the area served under the grant; 
and 
(B) information on any criteria or characteris-
tics that the entity will use to determine whether an 
individual is eligible for wage replacement under 
subsection (a), as described in paragraphs (1) and 
(2)(C) of subsection (d); 
(5) if the project will expand on State and pri-
vate systems of wage replacement for eligible indi-
viduals, information on the manner in which the 
project will expand on the systems; 
(6) information demonstrating the manner in 
which the wage replacement assistance provided 
through the project will assist families in which an 
individual takes leave or is absent from employment 
as described in subsection (d)(2); and 
(7) an assurance that the applicant will partici-
pate in efforts to evaluate the effectiveness of the 
project. 
(f) SELECTION CRITERIA.—In selecting entities to re-
ceive grants for projects under this section, the Secretary 
shall— 
(1) take into consideration— 
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(A) the scope of the proposed projects; 
(B) the cost-effectiveness, feasibility, and 
financial soundness of the proposed projects; 
(C) the extent to which the proposed 
projects would expand access to wage replace-
ment in response to family caregiving needs, 
particularly for low-wage employees, in the area 
served by the grant; and 
(D) the benefits that would be offered to 
families and children through the proposed 
projects; and 
(2) to the extent feasible, select entities pro-
posing projects that utilize diverse mechanisms, in-
cluding expansion of State unemployment compensa-
tion benefit programs, and establishment or expan-
sion of State temporary disability insurance pro-
grams, to provide the wage replacement. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost described in subsection (a) shall be— 
(A) 50 percent for the first year of the 
grant period; 
(B) 40 percent for the second year of that 
period; 
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(C) 30 percent for the third year of that 
period; and 
(D) 20 percent for each subsequent year. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost may be in cash or in kind, fairly 
evaluated, including plant, equipment, and services 
and may be provided from State, local, or private 
sources, or Federal sources other than this title. 
(h) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this title shall be used 
to supplement and not supplant other Federal, State, and 
local public funds and private funds expended to provide 
wage replacement. 
(i) EFFECT ON EXISTING RIGHTS.—Nothing in this 
title shall be construed to supersede, preempt, or otherwise 
infringe on the provisions of any collective bargaining 
agreement or any employment benefit program or plan 
that provides greater rights to employees than the rights 
established under this title. 
SEC. 105. NOTIFICATION. 
An eligible entity that provides partial or full wage 
replacement to an eligible individual under this title shall 
notify (in a form and manner prescribed by the Sec-
retary)— 
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(1) the employer of the individual of the 
amount of the wage replacement provided; and 
(2) the individual and the employer of the indi-
vidual that the employer shall count an appropriate 
period of leave, calculated under section 102(g) of 
the Family and Medical Leave Act of 1993 (29 
U.S.C. 2612(g)), as added by section 108, against 
the total amount of leave (if any) to which the em-
ployee is entitled under section 102(a)(1) of that Act 
(29 U.S.C. 2612(a)(1)). 
SEC. 106. EVALUATIONS AND REPORTS. 
(a) AVAILABLE FUNDS.—The Secretary shall use not 
more than 2 percent of the funds made available under 
section 107 to carry out this section. 
(b) EVALUATIONS.—The Secretary shall, directly or 
by contract, evaluate the effectiveness of projects carried 
out with grants made under section 104, including con-
ducting— 
(1) research relating to the projects, including 
research comparing— 
(A) the scope of the projects, including the 
type of insurance or other wage replacement 
mechanism used, the method of financing used, 
the eligibility requirements, the level of the 
wage replacement benefit provided (such as the 
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percentage of salary replaced), and the length 
of the benefit provided, for the projects; 
(B) the utilization of the projects, includ-
ing the characteristics of individuals who ben-
efit from the projects, particularly low-wage 
workers, and factors that determine the ability 
of eligible individuals to obtain wage replace-
ment through the projects; and 
(C) the costs of and savings achieved by 
the projects, including the cost-effectiveness of 
the projects and their benefits for children and 
families; 
(2) analysis of the overall need for wage re-
placement; and 
(3) analysis of the impact of the projects on the 
overall availability of wage replacement. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 3 years 
after the beginning of the grant period for the first 
grant made under section 104, the Secretary shall 
prepare and submit to Congress a report that con-
tains information resulting from the evaluations con-
ducted under subsection (b). 
(2) SUBSEQUENT REPORTS.—Not later than 4 
years after the beginning of that grant period, and 
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annually thereafter, the Secretary shall prepare and 
submit to Congress a report that contains— 
(A) information resulting from the evalua-
tions conducted under subsection (b); and 
(B) usage data for the grant projects, for 
the most recent year for which the data are 
available. 
SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title $400,000,000 for fiscal year 2007 and such sums 
as may be necessary for each subsequent fiscal year. 
SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 102 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612) is amended 
by adding at the end the following: 
‘‘(g) RELATIONSHIP TO FIRST INSURANCE.— 
‘‘(1) FULL WAGE REPLACEMENT.—If an eligible 
entity provides full wage replacement to an employee 
for a period under title I of the Family and Medical 
Leave Expansion Act, the employee’s employer shall 
count an amount of leave, equal to that period, 
against the total amount of leave (if any) to which 
the employee is entitled under subsection (a)(1). 
‘‘(2) PARTIAL WAGE REPLACEMENT.—If an eli-
gible entity provides partial wage replacement to an 
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