I 
111TH CONGRESS 
1ST SESSION H. R. 2339 
To establish a program that supports the efforts of States to provide partial 
or full wage replacement to new parents, so that the new parents are 
able to spend time with a new infant or newly adopted child, and 
to other employees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2009 
Ms. WOOLSEY introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To establish a program that supports the efforts of States 
to provide partial or full wage replacement to new par-
ents, so that the new parents are able to spend time 
with a new infant or newly adopted child, and to other 
employees, 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. 
This Act may be cited as the ‘‘Family Income to Re-
spond to Significant Transitions Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
(1) ALTERNATIVE
BASE
PERIOD
CALCULA-
TION.—The term ‘‘alternative base period’’ means a 
base period that includes the most recently com-
pleted calendar quarter before the start of the ben-
efit year. 
(2) BENEFIT YEAR.—The term ‘‘benefit year’’ 
means the 1-year period beginning with the first day 
of the first week with respect to which an individual 
files a valid claim for benefits. 
(3) EMPLOYER; SON OR DAUGHTER; STATE.— 
The terms ‘‘employer’’, and ‘‘son or daughter’’, and 
‘‘State’’ have the meanings given the terms in sec-
tion 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
(4) STATES
WITHOUT
AN
EXISTING
PRO-
GRAM.—The phrase ‘‘States without an existing pro-
gram’’ refers to States where a program to provide 
partial or full wage replacement as described in sec-
tion 3 is not in effect on the date of the enactment 
of this Act. 
(5) STATES
WITH
AN
EXISTING
PROGRAM.— 
The phrase ‘‘States with an existing program’’ refers 
to States where a program to provide partial or full 
wage replacement as described in section 3 is in ef-
fect on the date of the enactment of this Act. 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 3. STATE GRANTS. 
(a) GRANTS.— 
(1) IN GENERAL.—From the amounts appro-
priated under section 4, the Secretary shall award 
grants to States to pay for the Federal share of the 
cost of carrying out programs that assist families by 
providing, through various mechanisms, wage re-
placement for eligible individuals taking leave— 
(A) to respond to caregiving needs result-
ing from the birth or adoption of a son or 
daughter; or 
(B) for other purposes under the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2611 et seq.) or provided under State or local 
law. 
(2) PERIODS.— 
(A) STATES WITHOUT AN EXISTING PRO-
GRAM.—A State without an existing program 
may receive— 
(i) 1 grant for up to a 3-year period 
to fund the activities described in sub-
section (b)(1); and 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
(ii) 1 grant for up to a 3-year period 
to fund the activities described in sub-
section (b)(2). 
(B) STATES
WITH
AN
EXISTING
PRO-
GRAM.—A State with an existing program may 
receive 1 grant for up to a 3-year period to 
fund the activities described in subsection 
(b)(2). 
(3) PRIORITY.—In awarding grants described 
in paragraph (2)(A)(ii), the Secretary shall give pri-
ority to States that have not received a grant de-
scribed in paragraph (2)(A)(i). 
(b) USES OF FUNDS.— 
(1) STATES
WITHOUT
AN
EXISTING
PRO-
GRAM.—States without an existing program shall 
use the funds made available through the grant— 
(A) to implement and develop such a pro-
gram in the State, and to pay for any other ad-
ministrative costs of the program; and 
(B) to cover the cost of providing partial 
or full wage replacement as described in this 
section to eligible individuals for not longer 
than the first 6 months of the program. 
(2) STATES
WITH
AN
EXISTING
PROGRAM.— 
States with an existing program, or States without 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
an existing program who have previously received a 
grant under this Act, may use the funds made avail-
able through the grant— 
(A) to conduct outreach or education pro-
grams that promote such program and educate 
the residents of the State about such program; 
(B) to cover the cost of providing partial 
or full wage replacement as described in this 
section to eligible individuals; 
(C) to cover any administrative costs of the 
program; 
(D) to provide incentives to employers in 
such State that are not covered by the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2614) to provide the employment and benefits 
protection described in section 104 of such Act 
(29 U.S.C. 2614); or 
(E) for any other purpose approved by the 
Secretary. 
(3) PARTIAL OR FULL WAGE REPLACEMENT.— 
(A) IN GENERAL.—In carrying out a pro-
gram under this section, a State shall provide 
partial or full wage replacement for not less 
than 6 weeks (or some lesser period as deter-
mined by the Secretary) during a period of 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
leave during any 12-month period to an eligible 
individual— 
(i) directly; 
(ii) through an insurance program, 
such as a State temporary disability insur-
ance program or a State unemployment 
compensation benefit program; 
(iii) through a private disability or 
other insurance plan, or another mecha-
nism provided by a private employer; or 
(iv) through another mechanism. 
(B) ELIGIBILITY CRITERIA.—To be eligible 
to receive a grant under this Act, the criteria 
a State may use to determine whether an indi-
vidual is eligible for wage replacement under 
this section shall— 
(i) in States that use the alternative 
base period in calculating unemployment 
benefits— 
(I) be equal to or less than the 
number of hours worked or the 
amount of wages earned that are re-
quired to qualify for such benefits in 
the State; or 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
(II) be eligibility criteria that 
lead to an equal or greater number of 
individuals being eligible for wage re-
placement under this section than the 
number of individuals eligible for such 
wage replacement under the criteria 
described in subclause (I); 
(ii) in States that do not use the al-
ternative base period in calculating unem-
ployment benefits— 
(I) be equal to or less than the 
number of hours worked or the 
amount of wages earned that are re-
quired to qualify for such benefits in 
the State, but shall be calculated 
using an alternative base period for 
purposes of this subparagraph in the 
case of an individual who would not 
otherwise qualify for such benefits in 
the State; or 
(II) be eligibility criteria that 
lead to an equal or greater number of 
individuals being eligible for wage re-
placement under this section than the 
number of individuals eligible for such 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
wage replacement under the criteria 
described in subclause (I); and 
(iii) with the exception of any notice, 
certification, or other administrative re-
quirements specified by a State in sub-
section (d), not include any eligibility cri-
teria not specified in clause (i) or (ii). 
(C) ADDITIONAL
COMPENSATION.—Wage 
replacement available to an eligible individual 
under this Act shall be in addition to any com-
pensation from annual or sick leave that the in-
dividual may elect to use during a period of 
leave during any 12-month period. 
(c) ELIGIBLE INDIVIDUALS.—To be eligible to receive 
wage replacement under a program receiving a grant 
under this Act, an individual shall— 
(1) meet the eligibility criteria and any notice 
and certification requirements that the State may 
specify in an application described in section (d); 
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 under a private plan, or a program 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
receiving a grant under this Act, for a reason 
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 State, an indi-
vidual who— 
(i) is taking leave under such Act, 
other Federal, State, or local law, or under 
a private plan, or a program receiving a 
grant under this Act, for a reason de-
scribed in subparagraph (C), (D), or (E) of 
section 102(a)(1), or under paragraph (3) 
of section 102(a) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 
2612(a)(1)); 2612(a)(4); or 
(ii) is taking leave under a program 
receiving a grant under this Act— 
(I) because of the birth of a son 
or daughter of any individual whose 
relationship to the individual taking 
leave is recognized for purposes of 
such leave under State or local law; 
(II) because of the placement of 
a son or daughter for adoption or fos-
ter care with any individual whose re-
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
lationship to the individual taking 
leave is recognized for purposes of 
such leave under State or local law; 
(III) in order to care for any in-
dividual who has a serious health con-
dition and whose relationship to the 
individual taking leave is recognized 
for purposes of such leave under State 
or local law; 
(IV) because of a qualifying exi-
gency (as determined by State or local 
law) arising out of the fact that any 
individual is on active duty (or has 
been notified of an impending call or 
order to active duty) in the Armed 
Forces in support of a contingency op-
eration and whose relationship to the 
individual taking leave is recognized 
for purposes of such leave under State 
or local law; or 
(V) to care for any individual 
who is a covered servicemember (as 
determined by State or local law) and 
whose relationship to the individual 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
taking leave is recognized for purposes 
of such leave under State or local law. 
(d) APPLICATION.—To be eligible to receive a grant 
under this section, a State shall submit an application to 
the Secretary, at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, including, at a minimum— 
(1) a description of the wage replacement pro-
gram and, if applicable, how the grant funds will be 
used to implement and develop such program; 
(2)(A) information on the number and type of 
families to be covered by the program, and the ex-
tent of such coverage in the area served under the 
grant; 
(B) information on any eligibility criteria and 
any notice, certification, or other administrative re-
quirements that the State will use to determine 
whether an individual is eligible for wage replace-
ment under this section, as described in subsection 
(c)(1); 
(C) an assurance that such eligibility criteria 
meet the requirements of subsection (b)(3)(B); 
(3) if the program will expand on State and pri-
vate systems of wage replacement for eligible indi-
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS
viduals, information on the manner in which the pro-
gram will expand on the systems; 
(4) information demonstrating the manner in 
which the wage replacement assistance provided 
through the program will assist families in which an 
individual takes leave; and 
(5) which State agency will administer the pro-
gram. 
(e) SELECTION CRITERIA.—In selecting States to re-
ceive grants for programs under this Act, the Secretary 
shall take into consideration— 
(1) the scope of the proposed programs; 
(2) the cost-effectiveness, feasibility, and finan-
cial soundness of the proposed programs; 
(3) the extent to which the proposed programs 
would expand access to wage replacement in re-
sponse to family caregiving needs, particularly for 
low-wage employees, in the area served by the grant; 
and 
(4) the benefits that would be offered to fami-
lies and children through the proposed programs. 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.— 
VerDate Nov 24 2008 
02:26 May 09, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2339.IH
H2339
wwoods2 on PRODPC68 with BILLS