income into the Family and Medical Leave Trust 
Fund. 
TITLE I—FAMILY AND MEDICAL 
INSURANCE PROGRAM 
SEC. 101. ESTABLISHMENT. 
(a) FEDERAL PROGRAM.—The Secretary of Labor 
shall establish a Family and Medical Insurance Program. 
(b) STATE PROGRAMS.—In carrying out the Federal 
Program, the Secretary may— 
(1) enter into a contract with a State under 
which— 
(A) the State agrees to establish, and pro-
vide the benefits described under this title in 
that State through a Family and Medical Insur-
ance Program; and 
(B) the Secretary agrees to instruct the 
Managing Trustee of the Family and Medical 
Leave Trust Fund, established under section 
201, to provide funds for such benefits from the 
Fund; or 
(2) at the request of the Governor of a State, 
enter into an interagency agreement with the Com-
missioner of the Social Security Administration to 
establish, and provide the benefits described under 
this title, through a State Family and Medical In-
surance Program directly in a State from funds pro-
vided to the Commissioner by the managing trustee 
of the Fund. 
(c) STATE APPLICATION.—To be eligible to receive 
a contract under subsection (b)(1), a State shall submit 
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may 
require. At a minimum, the application shall include infor-
mation identifying the State agency to carry out the State 
Family and Medical Insurance Program. 
SEC. 102. BENEFITS. 
(a) ENTITLEMENT.—Under a State Family and Med-
ical Insurance Program, an eligible employee shall be enti-
tled to a family and medical insurance benefit for a total 
of 12 workweeks of leave during any 12 month period for 
one or more of the following reasons, subject to a waiting 
period of 7 consecutive days during each family and med-
ical insurance period where no benefits are payable within 
that period: 
(1) Because of the birth of a son or daughter 
of the employee and in order to care for such a son 
or daughter. 
(2) Because of the placement of a son or 
daughter with the employee for adoption or foster 
care.
(3) In order to care for a child, parent, spouse, 
or other persons who are members of the employee’s 
household who have a serious medical condition. 
(4) Because of a serious health condition that 
makes the employee unable to perform the functions 
of the position of such employee. 
(b) BENEFIT AMOUNT.— 
(1) IN GENERAL.—An eligible employee’s paid 
family and medical insurance benefit for any work-
day on which the employee takes leave as described 
in subsection (a) shall be equal to 55 percent of the 
daily equivalent of the weekly basic earnings of the 
eligible employee when the leave commenced, re-
duced by any amount received by the eligible em-
ployee for the same period from any other source for 
the reasons referred to in such subparagraph. 
(2) WEEKLY
BASIC
EARNINGS.—The weekly 
basic earnings of an eligible employee for purposes 
of this title shall be equal to the weekly basic earn-
ings of the eligible employee up to the maximum 
amount specified in this subsection for the calendar 
year in which the leave commenced. Not later than 
November 1 preceding each calendar year, the Sec-
retary shall publish in the Federal Register the max-
imum weekly amount for leave for such calendar 
year. 
(3) CALENDAR
YEAR
2008.—With respect to 
leave provided in calendar year 2008, the maximum 
weekly amount under this subparagraph shall be 
$1,350. 
(4) SUBSEQUENT CALENDAR YEARS.—With re-
spect to leave provided in any calendar year after 
2008, the maximum weekly basic earnings referred 
to in clause (ii) shall equal the product of $1,350 
and the quotient obtained by dividing— 
(A) the national average wage index (as 
defined in section 209(k)(1) of the Social Secu-
rity Act (42 U.S.C. 409(k)(1))) for the second 
calendar year preceding the calendar year for 
which the determination is made; by 
(B) the national average wage index (as so 
defined) for calendar year 2008. 
(5) 
ROUNDING.—Each 
amount 
established 
under this subsection for any calendar year shall be 
rounded to the nearest $1, except that any amount 
so established that is a multiple of $0.50 but not of 
$1 shall be rounded to the next higher multiple of 
$1. 
(c) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a 
family and medical insurance benefit under this title 
in a State, an eligible employee shall submit an ap-
plication to the covered agency for the State at such 
time, in such manner, and containing the informa-
tion specified in paragraph (3) and such additional 
information as the agency may require. 
(2) IRREVOCABILITY FOR SELF-EMPLOYED IN-
DIVIDUALS.—An election by a self-employed indi-
vidual to participate in the Program shall be irrev-
ocable. 
(3) CERTIFICATION REQUIREMENTS.—The cov-
ered agency shall require each of the following, as 
part of the application for benefits under this section 
in connection with any leave: 
(A) A certification, submitted in a timely 
manner, issued by the health care provider of 
the eligible employee or of the child, spouse, 
parent, or member of the employee’s household, 
as appropriate, and meeting the requirements 
of section 103(b) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2613(b)) in con-
nection with such leave. 
(B) In any case in which the covered agen-
cy has reason to doubt the validity of the cer-