AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO DNANGNAAV NOISSAS LST SSHYONOD AECOl TaH
In the Senate of the United States,
February 4 (legislative day, January 5), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 1) entitled ‘‘An Act to grant family and tem-
porary medical leave under certain circumstances’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Family and Medical Leave Act of 1993’’.
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(b) TABLE OF CONTENTS.—The table of contents is as
follows:
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.
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 House employees.
TITLE VI—SENSE OF CONGRESS
Sec. 601. Sense of Congress.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
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(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 conditions;
(3) the lack of employment policies to accommo-
date working parents can force individuals to choose
between job security and parenting;
(4) there is inadequate job security for employees
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 gen-
der only have serious potential for encouraging em-
ployers to discriminate against employees and appli-
cants 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 eco-
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nomic 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 para-
graphs (1) and (2) in a manner that accommodates
the legitimate interests of employers;
(4) to accomplish the purposes described in para-
graphs (1) and (2) in a manner that, consistent with
the Equal Protection Clause of the Fourteenth Amend-
ment, minimizes the potential for employment dis-
crimination on the basis of sex by ensuring generally
that leave is available for eligible medical reasons (in-
cluding maternity-related disability) and for compel-
ling family reasons, on a gender-neutral basis; and
(5) to promote the goal of equal employment op-
portunity for women and men, pursuant to such
clause.
TITLE I—GENERAL
REQUIREMENTS FOR LEAVE
SEC. 101. DEFINITIONS.
As used in this title:
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(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 ‘‘com-
merce’’ and any ‘‘industry affecting commerce’’, as
defined in paragraphs (1) and (3) of section 501 of
the Labor Management Relations Act, 1947 (29
U.S.C. 142 (1) and (3)).
(2) ELIGIBLE EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘eligible em-
ployee’’ means an employee 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 1,250 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 cov-
ered under subchapter V of chapter 63 of
title 5, United States Code (as added by
title II of this Act); or
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(ii) any employee of an employer who
is employed at a worksite at which such em-
ployer employs less than 50 employees if the
total number of employees employed by that
employer within 75 miles of that worksite is
less than 50.
(C) DETERMINATION.—For purposes of de-
termining whether an employee meets the hours
of service requirement specified in subparagraph
(A)(ii), the legal standards established under sec-
tion 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) shall apply.
(3) EMPLOY; EMPLOYEE; STATE.—The terms
‘‘employ’’, ‘‘employee’’, and ‘‘State’’ have the same
meanings given such terms in subsections (c), (e), and
(g) of section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203 (c), (e), and (g)).
(4) EMPLOYER.—
(A) IN GENERAL.—The term ‘‘employer’’—
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs 50 or more em-
ployees for each working day during each of
20 or more calendar workweeks in the cur-
rent or preceding calendar year;
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(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 sub-
paragraph (A)(iii), a public agency shall be con-
sidered to be a person engaged in commerce or
in an industry or activity affecting commerce.
(5) 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 benefits
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 Retirement
Income Security Act of 1974 (29 U.S.C. 1002(3)).
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(6) 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 doctor
practices; or
(B) any other person determined by the Sec-
retary to be capable of providing health care
services.
(7) PARENT.—The term ‘‘parent’’ means the bio-
logical parent of an employee or an individual who
stood in loco parentis to an employee when the em-
ployee was a son or daughter.
(8) 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)).
(9) REDUCED LEAVE SCHEDULE.—The term ‘‘re-
duced leave schedule’’ means a leave schedule that re-
duces the usual number of hours per workweek, or
hours per workday, of an employee.
(10) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(11) SERIOUS
HEALTH
CONDITION.—The term
‘‘serious health condition’’ means an illness, injury,
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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.
(12) 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 person
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
disability.
(13) SPOUSE.—the term ‘‘spouse’’ means a hus-
band or wife, as the case may be.
SEC. 102. LEAVE REQUIREMENT.
(a) IN GENERAL.—
(1) ENTITLEMENT TO LEAVE.—Subject to section
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 daugh-
ter of the employee and in order to care for such
son or daughter.