for benefits under this section of the initial de-
termination of eligibility for such benefits, and 
the estimated benefit amount for a month in 
which one caregiving day of the individual oc-
curs, as soon as practicable after the applica-
tion is received. 
(B) REVIEW.—An individual may request 
review of an initial adverse determination with 
respect to such application at any time before 
the end of the 20-day period that begins on the 
date notice of such determination is received, 
except that such 20-day period may be extended 
for good cause. As soon as practicable after the 
individual requests review of the determination, 
the Commissioner shall provide notice to the in-
dividual of a final determination of eligibility 
for benefits under this section. 
(2) BENEFIT PAYMENT DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall make any monthly benefit payment to an 
individual claiming benefits for a month under 
this section, or provide notice of the reason 
such payment will not be made if the Commis-
sioner determines that the individual is not en-
titled to payment for such month, not later 
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB
than 20 days after the individual’s monthly 
benefit claim report for such month is received. 
Such monthly report shall be filed with the 
Commissioner not later than 15 days after the 
end of each month. 
(B) REVIEW.—If the Commissioner deter-
mines that payment will not be made to an in-
dividual for a month, or if the Commissioner 
determines that payment shall be made based 
on a number of caregiving days in the month 
inconsistent with the number of caregiving days 
in the monthly benefit claim report of the indi-
vidual for such month, the individual may re-
quest review of such determination at any time 
before the end of the 20-day period that begins 
on the date notice of such determination is re-
ceived, except that such 20-day period may be 
extended for good cause. Not later than 20 days 
after the individual requests review of the deter-
mination, the Commissioner shall provide notice 
to the individual of a final determination of 
payment for such month, and shall make pay-
ment to the individual of any additional amount 
not included in the initial payment to the indi-
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB
vidual for such month to which the Commis-
sioner determines the individual is entitled. 
(3) BURDEN
OF
PROOF.—An application for 
benefits under this section and a monthly benefit 
claim report of an individual shall each be presumed 
to be true and accurate, unless the Commissioner 
demonstrates by a preponderance of the evidence 
that information contained in the application is 
false. 
(4) DEFINITION OF MONTHLY BENEFIT CLAIM 
REPORT.—For purposes of this subsection, the term 
‘‘monthly benefit claim report’’ means, with respect 
to an individual for a month, the individual’s report 
to the Commissioner of the number of caregiving 
days of the individual in such month, which shall be 
filed no later than 15 days after the end of each 
month. 
(5) REVIEW.—All final determinations of the 
Commissioner under this subsection shall be review-
able according to the procedures set out in section 
205 of the Social Security Act (42 U.S.C. 405). 
(g) RELATIONSHIP WITH STATE LAW; EMPLOYER 
BENEFITS.— 
(1) IN GENERAL.—This section does not pre-
empt or supersede any provision of State or local 
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB
law that authorizes a State or local municipality to 
provide paid family and medical leave benefits simi-
lar to the benefits provided under this section. 
(2) GREATER
BENEFITS
ALLOWED.—Nothing 
in this Act shall be construed to diminish the obliga-
tion of an employer to comply with any contract, col-
lective bargaining agreement, or any employment 
benefit program or plan that provides greater paid 
leave or other leave rights to employees than the 
rights established under this Act. 
(h) EMPLOYMENT AND BENEFITS PROTECTION AND 
ENFORCEMENT.— 
(1) EMPLOYMENT
AND
BENEFITS
PROTEC-
TION.— 
(A) IN GENERAL.— 
(i) PROHIBITED
ACTS.—It shall be 
unlawful for any person to interfere with, 
restrain, deny, or retaliate against an indi-
vidual because of the exercise of, or the at-
tempt to exercise, any right provided under 
this section, including through— 
(I) discharging or in any other 
manner discriminating against (in-
cluding retaliating against) an indi-
vidual because the individual has ap-
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB
plied for, indicated an intent to apply 
for, or received family and medical 
leave insurance benefits; or 
(II) using the application for or 
the receipt of such benefits as a nega-
tive factor in an employment action. 
(ii) RESTORATION
TO
POSITION.—It 
shall be interference with the right of an 
individual for purposes of clause (i) for an 
employer of the individual to, upon the 
conclusion of any leave for which the indi-
vidual received a family and medical leave 
insurance benefit under this section, fail 
to— 
(I) restore the individual to the 
position of employment held by the in-
dividual when the leave commenced; 
or 
(II) restore the individual to an 
equivalent position with equivalent 
employment benefits, pay, and other 
terms and conditions of employment. 
(iii) MAINTENANCE OF HEALTH BEN-
EFITS.—It shall be interference with the 
right of an individual for purposes of 
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB
clause (i) for an employer of the individual 
to fail to maintain, for the duration of any 
leave for which the individual received a 
family and medical leave insurance benefit 
under this section, coverage of the indi-
vidual under any group health plan (as de-
fined in section 5000(b)(1) of the Internal 
Revenue Code of 1986) at the level and 
under the conditions coverage would have 
been provided if the individual had contin-
ued in employment continuously for the 
duration of such leave. 
(B) OPPOSING UNLAWFUL PRACTICES.—It 
shall be unlawful for any employer to discharge 
or in any other manner discriminate against 
any individual for opposing any practice made 
unlawful by this subsection. 
(C) INTERFERENCE
WITH
PROCEEDINGS 
OR INQUIRIES.—It shall be unlawful for any 
person to discharge or in any other manner dis-
criminate against any individual because such 
individual— 
(i) has filed any charge, or has insti-
tuted or caused to be instituted any pro-
VerDate Sep 11 2014 
03:51 Jun 10, 2023
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3481.IH
H3481
pbinns on DSKJLVW7X2PROD with $$_JOB