H. R. 1
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To grant family and temporary medical leave under certain circumstances.
Be it enacted by the Senate and House of Representatives 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 Act of 1993’’.
(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—
(1) the number of single-parent households and two-parent
households in which the single parent or both parents work
is increasing significantly;
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(2) it is important for the development of children 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 accommodate 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 responsibility affects the work-
ing lives of women more than it affects the working lives
of men; and
(6) employment standards that apply to one gender only
have serious potential for encouraging employers to discrimi-
nate against employees and applicants 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 economic 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 paragraphs
(1) and (2) in a manner that accommodates the legitimate
interests of employers;
(4) to accomplish the purposes described in paragraphs
(1) and (2) in a manner that, consistent with the Equal Protec-
tion Clause of the Fourteenth Amendment, minimizes the
potential for employment discrimination on the basis of sex
by ensuring generally that leave is available for eligible medical
reasons (including maternity-related disability) and for compel-
ling family reasons, on a gender-neutral basis; and
(5) to promote the goal of equal employment opportunity
for women and men, pursuant to such clause.
TITLE I—GENERAL REQUIREMENTS
FOR LEAVE
SEC. 101. DEFINITIONS.
As used in this title:
(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 commerce or the free flow of commerce, and include
‘‘commerce’’ and any ‘‘industry affecting commerce’’, as defined
in paragraphs (1) and (3) of section 501 of the Labor Manage-
ment Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(2) ELIGIBLE EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘eligible employee’’ means
an employee who has been employed—
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(i) for at least 12 months by the employer with
respect to whom leave is requested 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 employee’’ does
not include—
(i) any Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (as added by title II of this Act); or
(ii) any employee of an employer who is employed
at a worksite at which such employer 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 determining
whether an employee meets the hours of service require-
ment specified in subparagraph (A)(ii), the legal standards
established under section 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 commerce or in
any industry or activity affecting commerce who
employs 50 or more employees for each working day
during each of 20 or more calendar workweeks in the
current or preceding calendar year;
(ii) includes—
(I) any person who acts, directly or indirectly,
in the interest of an employer to any of the employ-
ees 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 subparagraph
(A)(iii), a public agency shall be considered to be a person
engaged in commerce or in an industry or activity affecting
commerce.
(5) EMPLOYMENT BENEFITS.—The term ‘‘employment bene-
fits’’ means all benefits provided or made available to employees
by an employer, including group life insurance, health insur-
ance, disability insurance, sick leave, annual leave, educational
benefits, 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)).
(6) HEALTH CARE PROVIDER.—The term ‘‘health care pro-
vider’’ means—
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(A) a doctor of medicine or osteopathy who is author-
ized to practice medicine or surgery (as appropriate) by
the State in which the doctor practices; or
(B) any other person determined by the Secretary to
be capable of providing health care services.
(7) PARENT.—The term ‘‘parent’’ means the biological par-
ent of an employee or an individual who stood in loco parentis
to an employee when the employee 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 ‘‘reduced leave
schedule’’ means a leave schedule that reduces the usual num-
ber of hours per workweek, or hours per workday, of an
employee.
(10) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Labor.
(11) SERIOUS HEALTH CONDITION.—The term ‘‘serious health
condition’’ means an illness, injury, impairment, or physical
or mental condition that involves—
(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 husband 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 daughter of the
employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter
with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son, daughter,
or parent has a serious health condition.
(D) Because of a serious health condition that makes
the employee unable to perform the functions of the position
of such employee.
(2) EXPIRATION OF ENTITLEMENT.—The entitlement to leave
under subparagraphs (A) and (B) of paragraph (1) for a birth
or placement of a son or daughter shall expire at the end
of the 12-month period beginning on the date of such birth
or placement.
(b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE
SCHEDULE.—
(1) IN
GENERAL.—Leave under subparagraph (A) or (B)
of subsection (a)(1) shall not be taken by an employee intermit-
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tently or on a reduced leave schedule unless the employee
and the employer of the employee agree otherwise. Subject
to paragraph (2), subsection (e)(2), and section 103(b)(5), leave
under subparagraph (C) or (D) of subsection (a)(1) may be
taken intermittently or on a reduced leave schedule when medi-
cally necessary. The taking of leave intermittently or on a
reduced leave schedule pursuant to this paragraph shall not
result in a reduction in the total amount of leave to which
the employee is entitled under subsection (a) beyond the amount
of leave actually taken.
(2) ALTERNATIVE POSITION.—If an employee requests inter-
mittent leave, or leave on a reduced leave schedule, under
subparagraph (C) or (D) of subsection (a)(1), that is foreseeable
based on planned medical treatment, the employer may require
such employee to transfer temporarily to an available alter-
native position offered by the employer for which the employee
is qualified and that—
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave
than the regular employment position of the employee.
(c) UNPAID LEAVE PERMITTED.—Except as provided in sub-
section (d), leave granted under subsection (a) may consist of unpaid
leave. Where an employee is otherwise exempt under regulations
issued by the Secretary pursuant to section 13(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), the compliance
of an employer with this title by providing unpaid leave shall
not affect the exempt status of the employee under such section.
(d) RELATIONSHIP TO PAID LEAVE.—
(1) UNPAID
LEAVE.—If an employer provides paid leave
for fewer than 12 workweeks, the additional weeks of leave
necessary to attain the 12 workweeks of leave required under
this title may be provided without compensation.
(2) SUBSTITUTION OF PAID LEAVE.—
(A) IN GENERAL.—An eligible employee may elect, or
an employer may require the employee, to substitute any
of the accrued paid vacation leave, personal leave, or family
leave of the employee for leave provided under subpara-
graph (A), (B), or (C) of subsection (a)(1) for any part
of the 12-week period of such leave under such subsection.
(B) SERIOUS HEALTH CONDITION.—An eligible employee
may elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave, personal
leave, or medical or sick leave of the employee for leave
provided under subparagraph (C) or (D) of subsection (a)(1)
for any part of the 12-week period of such leave under
such subsection, except that nothing in this title shall
require an employer to provide paid sick leave or paid
medical leave in any situation in which such employer
would not normally provide any such paid leave.
(e) FORESEEABLE LEAVE.—
(1) REQUIREMENT OF NOTICE.—In any case in which the
necessity for leave under subparagraph (A) or (B) of subsection
(a)(1) is foreseeable based on an expected birth or placement,
the employee shall provide the employer with not less than
30 days’ notice, before the date the leave is to begin, of the
employee’s intention to take leave under such subparagraph,
except that if the date of the birth or placement requires
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leave to begin in less than 30 days, the employee shall provide
such notice as is practicable.
(2) DUTIES OF EMPLOYEE.—In any case in which the neces-
sity for leave under subparagraph (C) or (D) of subsection
(a)(1) is foreseeable based on planned medical treatment, the
employee—
(A) shall make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations of
the employer, subject to the approval of the health care
provider of the employee or the health care provider of
the son, daughter, spouse, or parent of the employee, as
appropriate; and
(B) shall provide the employer with not less than 30
days’ notice, before the date the leave is to begin, of the
employee’s intention to take leave under such subpara-
graph, except that if the date of the treatment requires
leave to begin in less than 30 days, the employee shall
provide such notice as is practicable.
(f) SPOUSES EMPLOYED BY THE SAME EMPLOYER.—In any case
in which a husband and wife entitled to leave under subsection
(a) are employed by the same employer, the aggregate number
of workweeks of leave to which both may be entitled may be
limited to 12 workweeks during any 12-month period, if such leave
is taken—
(1) under subparagraph (A) or (B) of subsection (a)(1);
or
(2) to care for a sick parent under subparagraph (C) of
such subsection.
SEC. 103. CERTIFICATION.
(a) IN GENERAL.—An employer may require that a request
for leave under subparagraph (C) or (D) of section 102(a)(1) be
supported by a certification issued by the health care provider
of the eligible employee or of the son, daughter, spouse, or parent
of the employee, as appropriate. The employee shall provide, in
a timely manner, a copy of such certification to the employer.
(b) SUFFICIENT CERTIFICATION.—Certification provided under
subsection (a) shall be sufficient if it states—
(1) the date on which the serious health condition com-
menced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge
of the health care provider regarding the condition;
(4)(A) for purposes of leave under section 102(a)(1)(C), a
statement that the eligible employee is needed to care for
the son, daughter, spouse, or parent and an estimate of the
amount of time that such employee is needed to care for the
son, daughter, spouse, or parent; and
(B) for purposes of leave under section 102(a)(1)(D), a state-
ment that the employee is unable to perform the functions
of the position of the employee;
(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treat-
ment, the dates on which such treatment is expected to be
given and the duration of such treatment;
(6) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(D),
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a statement of the medical necessity for the intermittent leave
or leave on a reduced leave schedule, and the expected duration
of the intermittent leave or reduced leave schedule; and
(7) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(C),
a statement that the employee’s intermittent leave or leave
on a reduced leave schedule is necessary for the care of the
son, daughter, parent, or spouse who has a serious health
condition, or will assist in their recovery, and the expected
duration and schedule of the intermittent leave or reduced
leave schedule.
(c) SECOND OPINION.—
(1) IN GENERAL.—In any case in which the employer has
reason to doubt the validity of the certification provided under
subsection (a) for leave under subparagraph (C) or (D) of section
102(a)(1), the employer may require, at the expense of the
employer, that the eligible employee obtain the opinion of a
second health care provider designated or approved by the
employer concerning any information certified under subsection
(b) for such leave.
(2) LIMITATION.—A health care provider designated or
approved under paragraph (1) shall not be employed on a
regular basis by the employer.
(d) RESOLUTION OF CONFLICTING OPINIONS.—
(1) IN GENERAL.—In any case in which the second opinion
described in subsection (c) differs from the opinion in the origi-
nal certification provided under subsection (a), the employer
may require, at the expense of the employer, that the employee
obtain the opinion of a third health care provider designated
or approved jointly by the employer and the employee concern-
ing the information certified under subsection (b).
(2) FINALITY.—The opinion of the third health care provider
concerning the information certified under subsection (b) shall
be considered to be final and shall be binding on the employer
and the employee.
(e) SUBSEQUENT RECERTIFICATION.—The employer may require
that the eligible employee obtain subsequent recertifications on
a reasonable basis.
SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.
(a) RESTORATION TO POSITION.—
(1) IN GENERAL.—Except as provided in subsection (b), any
eligible employee who takes leave under section 102 for the
intended purpose of the leave shall be entitled, on return from
such leave—
(A) to be restored by the employer to the position
of employment held by the employee when the leave com-
menced; or
(B) to be restored to an equivalent position with equiva-
lent employment benefits, pay, and other terms and condi-
tions of employment.
(2) LOSS OF BENEFITS.—The taking of leave under section
102 shall not result in the loss of any employment benefit
accrued prior to the date on which the leave commenced.
(3) LIMITATIONS.—Nothing in this section shall be construed
to entitle any restored employee to—
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(A) the accrual of any seniority or employment benefits
during any period of leave; or
(B) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the
leave.
(4) CERTIFICATION.—As a condition of restoration under
paragraph (1) for an employee who has taken leave under
section 102(a)(1)(D), the employer may have a uniformly applied
practice or policy that requires each such employee to receive
certification from the health care provider of the employee
that the employee is able to resume work, except that nothing
in this paragraph shall supersede a valid State or local law
or a collective bargaining agreement that governs the return
to work of such employees.
(5) CONSTRUCTION.—Nothing in this subsection shall be
construed to prohibit an employer from requiring an employee
on leave under section 102 to report periodically to the employer
on the status and intention of the employee to return to work.
(b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED
EMPLOYEES.—
(1) DENIAL OF RESTORATION.—An employer may deny res-
toration under subsection (a) to any eligible employee described
in paragraph (2) if—
(A) such denial is necessary to prevent substantial
and grievous economic injury to the operations of the
employer;
(B) the employer notifies the employee of the intent
of the employer to deny restoration on such basis at the
time the employer determines that such injury would occur;
and
(C) in any case in which the leave has commenced,
the employee elects not to return to employment after
receiving such notice.
(2) AFFECTED EMPLOYEES.—An eligible employee described
in paragraph (1) is a salaried eligible employee who is among
the highest paid 10 percent of the employees employed by
the employer within 75 miles of the facility at which the
employee is employed.
(c) MAINTENANCE OF HEALTH BENEFITS.—
(1) COVERAGE.—Except as provided in paragraph (2), dur-
ing any period that an eligible employee takes leave under
section 102, the employer shall maintain coverage under any
‘‘group health plan’’ (as defined in section 5000(b)(1) of the
Internal Revenue Code of 1986) for the duration of such leave
at the level and under the conditions coverage would have
been provided if the employee had continued in employment
continuously for the duration of such leave.
(2) FAILURE TO RETURN FROM LEAVE.—The employer may
recover the premium that the employer paid for maintaining
coverage for the employee under such group health plan during
any period of unpaid leave under section 102 if—
(A) the employee fails to return from leave under sec-
tion 102 after the period of leave to which the employee
is entitled has expired; and
(B) the employee fails to return to work for a reason
other than—
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(i) the continuation, recurrence, or onset of a seri-
ous health condition that entitles the employee to leave
under subparagraph (C) or (D) of section 102(a)(1);
or
(ii) other circumstances beyond the control of the
employee.
(3) CERTIFICATION.—
(A) ISSUANCE.—An employer may require that a claim
that an employee is unable to return to work because
of the continuation, recurrence, or onset of the serious
health condition described in paragraph (2)(B)(i) be sup-
ported by—
(i) a certification issued by the health care provider
of the son, daughter, spouse, or parent of the employee,
as appropriate, in the case of an employee unable
to return to work because of a condition specified in
section 102(a)(1)(C); or
(ii) a certification issued by the health care pro-
vider of the eligible employee, in the case of an
employee unable to return to work because of a condi-
tion specified in section 102(a)(1)(D).
(B) COPY.—The employee shall provide, in a timely
manner, a copy of such certification to the employer.
(C) SUFFICIENCY OF CERTIFICATION.—
(i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF
EMPLOYEE.—The certification described in subpara-
graph (A)(ii) shall be sufficient if the certification states
that a serious health condition prevented the employee
from being able to perform the functions of the position
of the employee on the date that the leave of the
employee expired.
(ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF
FAMILY
MEMBER.—The 
certification 
described 
in
subparagraph (A)(i) shall be sufficient if the certifi-
cation states that the employee is needed to care for
the son, daughter, spouse, or parent who has a serious
health condition on the date that the leave of the
employee expired.
SEC. 105. PROHIBITED ACTS.
(a) INTERFERENCE WITH RIGHTS.—
(1) EXERCISE
OF
RIGHTS.—It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of
or the attempt to exercise, any right provided under this title.
(2) DISCRIMINATION.—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
title.
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.—It shall
be unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual—
(1) has filed any charge, or has instituted or caused to
be instituted any proceeding, under or related to this title;
(2) has given, or is about to give, any information in connec-
tion with any inquiry or proceeding relating to any right pro-
vided under this title; or
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(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this title.
SEC. 106. INVESTIGATIVE AUTHORITY.
(a) IN GENERAL.—To ensure compliance with the provisions
of this title, or any regulation or order issued under this title,
the Secretary shall have, subject to subsection (c), the investigative
authority provided under section 11(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 211(a)).
(b) OBLIGATION
TO
KEEP
AND
PRESERVE
RECORDS.—Any
employer shall make, keep, and preserve records pertaining to
compliance with this title in accordance with section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accord-
ance with regulations issued by the Secretary.
(c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL
BASIS.—The Secretary shall not under the authority of this section
require any employer or any plan, fund, or program to submit
to the Secretary any books or records more than once during any
12-month period, unless the Secretary has reasonable cause to
believe there may exist a violation of this title or any regulation
or order issued pursuant to this title, or is investigating a charge
pursuant to section 107(b).
(d) SUBPOENA POWERS.—For the purposes of any investigation
provided for in this section, the Secretary shall have the subpoena
authority provided for under section 9 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 209).
SEC. 107. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.—
(1) LIABILITY.—Any employer who violates section 105 shall
be liable to any eligible employee affected—
(A) for damages equal to—
(i) the amount of—
(I) any wages, salary, employment benefits,
or other compensation denied or lost to such
employee by reason of the violation; or
(II) in a case in which wages, salary, employ-
ment benefits, or other compensation have not
been denied or lost to the employee, any actual
monetary losses sustained by the employee as a
direct result of the violation, such as the cost of
providing care, up to a sum equal to 12 weeks
of wages or salary for the employee;
(ii) the interest on the amount described in clause
(i) calculated at the prevailing rate; and
(iii) an additional amount as liquidated damages
equal to the sum of the amount described in clause
(i) and the interest described in clause (ii), except
that if an employer who has violated section 105 proves
to the satisfaction of the court that the act or omission
which violated section 105 was in good faith and that
the employer had reasonable grounds for believing that
the act or omission was not a violation of section 105,
such court may, in the discretion of the court, reduce
the amount of the liability to the amount and interest
determined under clauses (i) and (ii), respectively; and
(B) for such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
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(2) RIGHT OF ACTION.—An action to recover the damages
or equitable relief prescribed in paragraph (1) may be main-
tained against any employer (including a public agency) in
any Federal or State court of competent jurisdiction by any
one or more employees for and in behalf of—
(A) the employees; or
(B) the employees and other employees similarly situ-
ated.
(3) FEES AND COSTS.—The court in such an action shall,
in addition to any judgment awarded to the plaintiff, allow
a reasonable attorney’s fee, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
(4) LIMITATIONS.—The right provided by paragraph (2) to
bring an action by or on behalf of any employee shall
terminate—
(A) on the filing of a complaint by the Secretary in
an action under subsection (d) in which restraint is sought
of any further delay in the payment of the amount
described in paragraph (1)(A) to such employee by an
employer responsible under paragraph (1) for the payment;
or
(B) on the filing of a complaint by the Secretary in
an action under subsection (b) in which a recovery is sought
of the damages described in paragraph (1)(A) owing to
an eligible employee by an employer liable under paragraph
(1),
unless the action described in subparagraph (A) or (B) is dis-
missed without prejudice on motion of the Secretary.
(b) ACTION BY THE SECRETARY.—
(1) ADMINISTRATIVE ACTION.—The Secretary shall receive,
investigate, and attempt to resolve complaints of violations
of section 105 in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of violations
of sections 6 and 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206 and 207).
(2) CIVIL ACTION.—The Secretary may bring an action in
any court of competent jurisdiction to recover the damages
described in subsection (a)(1)(A).
(3) SUMS RECOVERED.—Any sums recovered by the Sec-
retary pursuant to paragraph (2) shall be held in a special
deposit account and shall be paid, on order of the Secretary,
directly to each employee affected. Any such sums not paid
to an employee because of inability to do so within a period
of 3 years shall be deposited into the Treasury of the United
States as miscellaneous receipts.
(c) LIMITATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
action may be brought under this section not later than 2
years after the date of the last event constituting the alleged
violation for which the action is brought.
(2) WILLFUL VIOLATION.—In the case of such action brought
for a willful violation of section 105, such action may be brought
within 3 years of the date of the last event constituting the
alleged violation for which such action is brought.
(3) COMMENCEMENT.—In determining when an action is
commenced by the Secretary under this section for the purposes
H. R. 1—12
of this subsection, it shall be considered to be commenced
on the date when the complaint is filed.
(d) ACTION FOR INJUNCTION BY SECRETARY.—The district courts
of the United States shall have jurisdiction, for cause shown, in
an action brought by the Secretary—
(1) to restrain violations of section 105, including the
restraint of any withholding of payment of wages, salary,
employment benefits, or other compensation, plus interest,
found by the court to be due to eligible employees; or
(2) to award such other equitable relief as may be appro-
priate, including employment, reinstatement, and promotion.
(e) SOLICITOR OF LABOR.—The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
this section.
SEC. 108. SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDU-
CATIONAL AGENCIES.
(a) APPLICATION.—
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, the rights (including the rights under section 104, which
shall extend throughout the period of leave of any employee
under this section), remedies, and procedures under this title
shall apply to—
(A) any ‘‘local educational agency’’ (as defined in section
1471(12) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891(12))) and an eligible employee
of the agency; and
(B) any private elementary or secondary school and
an eligible employee of the school.
(2) DEFINITIONS.—For purposes of the application described
in paragraph (1):
(A) ELIGIBLE EMPLOYEE.—The term ‘‘eligible employee’’
means an eligible employee of an agency or school described
in paragraph (1).
(B) EMPLOYER.—The term ‘‘employer’’ means an agency
or school described in paragraph (1).
(b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS.—
A local educational agency and a private elementary or secondary
school shall not be in violation of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794), or title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), solely as a result of an
eligible employee of such agency or school exercising the rights
of such employee under this title.
(c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE
FOR INSTRUCTIONAL EMPLOYEES.—
(1) IN GENERAL.—Subject to paragraph (2), in any case
in which an eligible employee employed principally in an
instructional capacity by any such educational agency or school
requests leave under subparagraph (C) or (D) of section
102(a)(1) that is foreseeable based on planned medical treat-
ment and the employee would be on leave for greater than
20 percent of the total number of working days in the period
during which the leave would extend, the agency or school
may require that such employee elect either—
H. R. 1—13
(A) to take leave for periods of a particular duration,
not to exceed the duration of the planned medical treat-
ment; or
(B) to transfer temporarily to an available alternative
position offered by the employer for which the employee
is qualified, and that—
(i) has equivalent pay and benefits; and
(ii) better accommodates recurring periods of leave
than the regular employment position of the employee.
(2) APPLICATION.—The elections described in subpara-
graphs (A) and (B) of paragraph (1) shall apply only with
respect to an eligible employee who complies with section
102(e)(2).
(d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF
AN ACADEMIC TERM.—The following rules shall apply with respect
to periods of leave near the conclusion of an academic term in
the case of any eligible employee employed principally in an instruc-
tional capacity by any such educational agency or school:
(1) LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.—
If the eligible employee begins leave under section 102 more
than 5 weeks prior to the end of the academic term, the agency
or school may require the employee to continue taking leave
until the end of such term, if—
(A) the leave is of at least 3 weeks duration; and
(B) the return to employment would occur during the
3-week period before the end of such term.
(2) LEAVE LESS THAN 5 WEEKS PRIOR TO END OF TERM.—
If the eligible employee begins leave under subparagraph (A),
(B), or (C) of section 102(a)(1) during the period that commences
5 weeks prior to the end of the academic term, the agency
or school may require the employee to continue taking leave
until the end of such term, if—
(A) the leave is of greater than 2 weeks duration;
and
(B) the return to employment would occur during the
2-week period before the end of such term.
(3) LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.—
If the eligible employee begins leave under subparagraph (A),
(B), or (C) of section 102(a)(1) during the period that commences
3 weeks prior to the end of the academic term and the duration
of the leave is greater than 5 working days, the agency or
school may require the employee to continue to take leave
until the end of such term.
(e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.—For
purposes of determinations under section 104(a)(1)(B) (relating to
the restoration of an eligible employee to an equivalent position),
in the case of a local educational agency or a private elementary
or secondary school, such determination shall be made on the basis
of established school board policies and practices, private school
policies and practices, and collective bargaining agreements.
(f) REDUCTION OF THE AMOUNT OF LIABILITY.—If a local edu-
cational agency or a private elementary or secondary school that
has violated this title proves to the satisfaction of the court that
the agency, school, or department had reasonable grounds for believ-
ing that the underlying act or omission was not a violation of
this title, such court may, in the discretion of the court, reduce
the amount of the liability provided for under section 107(a)(1)(A)
H. R. 1—14
to the amount and interest determined under clauses (i) and (ii),
respectively, of such section.
SEC. 109. NOTICE.
(a) IN GENERAL.—Each employer shall post and keep posted,
in conspicuous places on the premises of the employer where notices
to employees and applicants for employment are customarily posted,
a notice, to be prepared or approved by the Secretary, setting
forth excerpts from, or summaries of, the pertinent provisions of
this title and information pertaining to the filing of a charge.
(b) PENALTY.—Any employer that willfully violates this section
may be assessed a civil money penalty not to exceed $100 for
each separate offense.
TITLE II—LEAVE FOR CIVIL SERVICE
EMPLOYEES
SEC. 201. LEAVE REQUIREMENT.
(a) CIVIL SERVICE EMPLOYEES.—
(1) IN GENERAL.—Chapter 63 of title 5, United States Code,
is amended by adding at the end the following new subchapter:
‘‘SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
‘‘§ 6381. Definitions
‘‘For the purpose of this subchapter—
‘‘(1) the term ‘employee’ means any individual who—
‘‘(A) is an ‘employee’, as defined by section 6301(2),
including any individual employed in a position referred
to in clause (v) or (ix) of section 6301(2), but excluding
any individual employed by the government of the District
of Columbia and any individual employed on a temporary
or intermittent basis; and
‘‘(B) has completed at least 12 months of service as
an employee (within the meaning of subparagraph (A));
‘‘(2) the term ‘health care provider’ means—
‘‘(A) a doctor of medicine or osteopathy who is author-
ized to practice medicine or surgery (as appropriate) by
the State in which the doctor practices; and
‘‘(B) any other person determined by the Director of
the Office of Personnel Management to be capable of provid-
ing health care services;
‘‘(3) the term ‘parent’ means the biological parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a son or daughter;
‘‘(4) the term ‘reduced leave schedule’ means a leave sched-
ule that reduces the usual number of hours per workweek,
or hours per workday, of an employee;
‘‘(5) the term ‘serious health condition’ means an illness,
injury, impairment, or physical or mental condition that
involves—
‘‘(A) inpatient care in a hospital, hospice, or residential
medical care facility; or
‘‘(B) continuing treatment by a health care provider;
and
H. R. 1—15
‘‘(6) 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.
‘‘§ 6382. Leave requirement
‘‘(a)(1) Subject to section 6383, an employee shall be entitled
to a total of 12 administrative workweeks of leave during any
12-month period for one or more of the following:
‘‘(A) Because of the birth of a son or daughter of the
employee and in order to care for such son or daughter.
‘‘(B) Because of the placement of a son or daughter with
the employee for adoption or foster care.
‘‘(C) In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
‘‘(D) Because of a serious health condition that makes the
employee unable to perform the functions of the employee’s
position.
‘‘(2) The entitlement to leave under subparagraph (A) or (B)
of paragraph (1) based on the birth or placement of a son or
daughter shall expire at the end of the 12-month period beginning
on the date of such birth or placement.
‘‘(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1)
shall not be taken by an employee intermittently or on a reduced
leave schedule unless the employee and the employing agency of
the employee agree otherwise. Subject to paragraph (2), subsection
(e)(2), and section 6383(b)(5), leave under subparagraph (C) or
(D) of subsection (a)(1) may be taken intermittently or on a reduced
leave schedule when medically necessary. In the case of an employee
who takes leave intermittently or on a reduced leave schedule
pursuant to this paragraph, any hours of leave so taken by such
employee shall be subtracted from the total amount of leave remain-
ing available to such employee under subsection (a), for purposes
of the 12-month period involved, on an hour-for-hour basis.
‘‘(2) If an employee requests intermittent leave, or leave on
a reduced leave schedule, under subparagraph (C) or (D) of sub-
section (a)(1), that is foreseeable based on planned medical treat-
ment, the employing agency may require such employee to transfer
temporarily to an available alternative position offered by the
employing agency for which the employee is qualified and that—
‘‘(A) has equivalent pay and benefits; and
‘‘(B) better accommodates recurring periods of leave than
the regular employment position of the employee.
‘‘(c) Except as provided in subsection (d), leave granted under
subsection (a) shall be leave without pay.
‘‘(d) An employee may elect to substitute for leave under
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the
employee’s accrued or accumulated annual or sick leave under
subchapter I for any part of the 12-week period of leave under
such subsection, except that nothing in this subchapter shall require
an employing agency to provide paid sick leave in any situation
in which such employing agency would not normally provide any
such paid leave.
H. R. 1—16
‘‘(e)(1) In any case in which the necessity for leave under
subparagraph (A) or (B) of subsection (a)(1) is foreseeable based
on an expected birth or placement, the employee shall provide
the employing agency with not less than 30 days’ notice, before
the date the leave is to begin, of the employee’s intention to take
leave under such subparagraph, except that if the date of the
birth or placement requires leave to begin in less than 30 days,
the employee shall provide such notice as is practicable.
‘‘(2) In any case in which the necessity for leave under subpara-
graph (C) or (D) of subsection (a)(1) is foreseeable based on planned
medical treatment, the employee—
‘‘(A) shall make a reasonable effort to schedule the treat-
ment so as not to disrupt unduly the operations of the employ-
ing agency, subject to the approval of the health care provider
of the employee or the health care provider of the son, daughter,
spouse, or parent of the employee, as appropriate; and
‘‘(B) shall provide the employing agency with not less than
30 days’ notice, before the date the leave is to begin, of the
employee’s intention to take leave under such subparagraph,
except that if the date of the treatment requires leave to begin
in less than 30 days, the employee shall provide such notice
as is practicable.
‘‘§ 6383. Certification
‘‘(a) An employing agency may require that a request for leave
under subparagraph (C) or (D) of section 6382(a)(1) be supported
by certification issued by the health care provider of the employee
or of the son, daughter, spouse, or parent of the employee, as
appropriate. The employee shall provide, in a timely manner, a
copy of such certification to the employing agency.
‘‘(b) A certification provided under subsection (a) shall be suffi-
cient if it states—
‘‘(1) the date on which the serious health condition com-
menced;
‘‘(2) the probable duration of the condition;
‘‘(3) the appropriate medical facts within the knowledge
of the health care provider regarding the condition;
‘‘(4)(A) for purposes of leave under section 6382(a)(1)(C),
a statement that the employee is needed to care for the son,
daughter, spouse, or parent, and an estimate of the amount
of time that such employee is needed to care for such son,
daughter, spouse, or parent; and
‘‘(B) for purposes of leave under section 6382(a)(1)(D), a
statement that the employee is unable to perform the functions
of the position of the employee; and
‘‘(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treat-
ment, the dates on which such treatment is expected to be
given and the duration of such treatment.
‘‘(c)(1) In any case in which the employing agency has reason
to doubt the validity of the certification provided under subsection
(a) for leave under subparagraph (C) or (D) of section 6382(a)(1),
the employing agency may require, at the expense of the agency,
that the employee obtain the opinion of a second health care pro-
vider designated or approved by the employing agency concerning
any information certified under subsection (b) for such leave.
H. R. 1—17
‘‘(2) Any health care provider designated or approved under
paragraph (1) shall not be employed on a regular basis by the
employing agency.
‘‘(d)(1) In any case in which the second opinion described in
subsection (c) differs from the original certification provided under
subsection (a), the employing agency may require, at the expense
of the agency, that the employee obtain the opinion of a third
health care provider designated or approved jointly by the employ-
ing agency and the employee concerning the information certified
under subsection (b).
‘‘(2) The opinion of the third health care provider concerning
the information certified under subsection (b) shall be considered
to be final and shall be binding on the employing agency and
the employee.
‘‘(e) The employing agency may require, at the expense of
the agency, that the employee obtain subsequent recertifications
on a reasonable basis.
‘‘§ 6384. Employment and benefits protection
‘‘(a) Any employee who takes leave under section 6382 for
the intended purpose of the leave shall be entitled, upon return
from such leave—
‘‘(1) to be restored by the employing agency to the position
held by the employee when the leave commenced; or
‘‘(2) to be restored to an equivalent position with equivalent
benefits, pay, status, and other terms and conditions of employ-
ment.
‘‘(b) The taking of leave under section 6382 shall not result
in the loss of any employment benefit accrued prior to the date
on which the leave commenced.
‘‘(c) Except as otherwise provided by or under law, nothing
in this section shall be construed to entitle any restored employee
to—
‘‘(1) the accrual of any employment benefits during any
period of leave; or
‘‘(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the
leave.
‘‘(d) As a condition to restoration under subsection (a) for an
employee who takes leave under section 6382(a)(1)(D), the employ-
ing agency may have a uniformly applied practice or policy that
requires each such employee to receive certification from the health
care provider of the employee that the employee is able to resume
work.
‘‘(e) Nothing in this section shall be construed to prohibit an
employing agency from requiring an employee on leave under sec-
tion 6382 to report periodically to the employing agency on the
status and intention of the employee to return to work.
‘‘§ 6385. Prohibition of coercion
‘‘(a) An employee shall not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce,
any other employee for the purpose of interfering with the exercise
of any rights which such other employee may have under this
subchapter.
‘‘(b) For the purpose of this section—
H. R. 1—18
‘‘(1) the term ‘intimidate, threaten, or coerce’ includes
promising to confer or conferring any benefit (such as appoint-
ment, promotion, or compensation), or taking or threatening
to take any reprisal (such as deprivation of appointment, pro-
motion, or compensation); and
‘‘(2) the term ‘employee’ means any ‘employee’, as defined
by section 2105.
‘‘§ 6386. Health insurance
‘‘An employee enrolled in a health benefits plan under chapter
89 who is placed in a leave status under section 6382 may elect
to continue the health benefits enrollment of the employee while
in such leave status and arrange to pay currently into the Employ-
ees Health Benefits Fund (described in section 8909), the appro-
priate employee contributions.
‘‘§ 6387. Regulations
‘‘The Office of Personnel Management shall prescribe regula-
tions necessary for the administration of this subchapter. The regu-
lations prescribed under this subchapter shall, to the extent appro-
priate, be consistent with the regulations prescribed by the Sec-
retary of Labor to carry out title I of the Family and Medical
Leave Act of 1993.’’.
(2) TABLE OF CONTENTS.—The table of contents for chapter
63 of title 5, United States Code, is amended by adding at
the end the following:
‘‘SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
‘‘6381. Definitions.
‘‘6382. Leave requirement.
‘‘6383. Certification.
‘‘6384. Employment and benefits protection.
‘‘6385. Prohibition of coercion.
‘‘6386. Health insurance.
‘‘6387. Regulations.’’.
(b) EMPLOYEES PAID FROM NONAPPROPRIATED FUNDS.—Section
2105(c)(1) of title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (C); and
(2) by adding at the end the following new subparagraph:
‘‘(E) subchapter V of chapter 63, which shall be applied
so as to construe references to benefit programs to refer
to 
applicable 
programs 
for 
employees 
paid 
from
nonappropriated funds; or’’.
TITLE III—COMMISSION ON LEAVE
SEC. 301. ESTABLISHMENT.
There is established a commission to be known as the Commis-
sion on Leave (referred to in this title as the ‘‘Commission’’).
SEC. 302. DUTIES.
The Commission shall—
(1) conduct a comprehensive study of—
(A) existing and proposed mandatory and voluntary
policies relating to family and temporary medical leave,
including policies provided by employers not covered under
this Act;
H. R. 1—19
(B) the potential costs, benefits, and impact on
productivity, job creation and business growth of such poli-
cies on employers and employees;
(C) possible differences in costs, benefits, and impact
on productivity, job creation and business growth of such
policies on employers based on business type and size;
(D) the impact of family and medical leave policies
on the availability of employee benefits provided by employ-
ers, including employers not covered under this Act;
(E) alternate and equivalent State enforcement of title
I with respect to employees described in section 108(a);
(F) methods used by employers to reduce administra-
tive costs of implementing family and medical leave poli-
cies;
(G) the ability of the employers to recover, under sec-
tion 104(c)(2), the premiums described in such section;
and
(H) the impact on employers and employees of policies
that provide temporary wage replacement during periods
of family and medical leave.
(2) not later than 2 years after the date on which the
Commission first meets, prepare and submit, to the appropriate
Committees of Congress, a report concerning the subjects listed
in paragraph (1).
SEC. 303. MEMBERSHIP.
(a) COMPOSITION.—
(1) APPOINTMENTS.—The Commission shall be composed
of 12 voting members and 4 ex officio members to be appointed
not later than 60 days after the date of the enactment of
this Act as follows:
(A) SENATORS.—One Senator shall be appointed by
the Majority Leader of the Senate, and one Senator shall
be appointed by the Minority Leader of the Senate.
(B) MEMBERS
OF
HOUSE
OF
REPRESENTATIVES.—One
Member of the House of Representatives shall be appointed
by the Speaker of the House of Representatives, and one
Member of the House of Representatives shall be appointed
by the Minority Leader of the House of Representatives.
(C) ADDITIONAL MEMBERS.—
(i) APPOINTMENT.—Two members each shall be
appointed by—
(I) the Speaker of the House of Representa-
tives;
(II) the Majority Leader of the Senate;
(III) the Minority Leader of the House of Rep-
resentatives; and
(IV) the Minority Leader of the Senate.
(ii) EXPERTISE.—Such members shall be appointed
by virtue of demonstrated expertise in relevant family,
temporary disability, and labor management issues.
Such members shall include representatives of employ-
ers, including employers from large businesses and
from small businesses.
(2) EX OFFICIO MEMBERS.—The Secretary of Health and
Human Services, the Secretary of Labor, the Secretary of Com-
merce, and the Administrator of the Small Business Adminis-
H. R. 1—20
tration shall serve on the Commission as nonvoting ex officio
members.
(b) VACANCIES.—Any vacancy on the Commission shall be filled
in the manner in which the original appointment was made. The
vacancy shall not affect the power of the remaining members to
execute the duties of the Commission.
(c) CHAIRPERSON
AND VICE CHAIRPERSON.—The Commission
shall elect a chairperson and a vice chairperson from among the
members of the Commission.
(d) QUORUM.—Eight members of the Commission shall con-
stitute a quorum for all purposes, except that a lesser number
may constitute a quorum for the purpose of holding hearings.
SEC. 304. COMPENSATION.
(a) PAY.—Members of the Commission shall serve without com-
pensation.
(b) TRAVEL EXPENSES.—Members of the Commission shall be
allowed reasonable travel expenses, including a per diem allowance,
in accordance with section 5703 of title 5, United States Code,
when performing duties of the Commission.
SEC. 305. POWERS.
(a) MEETINGS.—The Commission shall first meet not later than
30 days after the date on which all members are appointed, and
the Commission shall meet thereafter on the call of the chairperson
or a majority of the members.
(b) HEARINGS AND SESSIONS.—The Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to witnesses
appearing before it.
(c) ACCESS
TO INFORMATION.—The Commission may secure
directly from any Federal agency information necessary to enable
it to carry out this title, if the information may be disclosed under
section 552 of title 5, United States Code. Subject to the previous
sentence, on the request of the chairperson or vice chairperson
of the Commission, the head of such agency shall furnish such
information to the Commission.
(d) USE OF FACILITIES AND SERVICES.—Upon the request of
the Commission, the head of any Federal agency may make avail-
able to the Commission any of the facilities and services of such
agency.
(e) PERSONNEL FROM OTHER AGENCIES.—On the request of
the Commission, the head of any Federal agency may detail any
of the personnel of such agency to serve as an Executive Director
of the Commission or assist the Commission in carrying out the
duties of the Commission. Any detail shall not interrupt or other-
wise affect the civil service status or privileges of the Federal
employee.
(f) VOLUNTARY SERVICE.—Notwithstanding section 1342 of title
31, United States Code, the chairperson of the Commission may
accept for the Commission voluntary services provided by a member
of the Commission.
SEC. 306. TERMINATION.
The Commission shall terminate 30 days after the date of
the submission of the report of the Commission to Congress.
H. R. 1—21
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. EFFECT ON OTHER LAWS.
(a) FEDERAL AND STATE ANTIDISCRIMINATION LAWS.—Nothing
in this Act or any amendment made by this Act shall be construed
to modify or affect any Federal or State law prohibiting discrimina-
tion on the basis of race, religion, color, national origin, sex, age,
or disability.
(b) STATE AND LOCAL LAWS.—Nothing in this Act or any amend-
ment made by this Act shall be construed to supersede any provision
of any State or local law that provides greater family or medical
leave rights than the rights established under this Act or any
amendment made by this Act.
SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) MORE PROTECTIVE.—Nothing in this Act or any amendment
made by this Act shall be construed to diminish the obligation
of an employer to comply with any collective bargaining agreement
or any employment benefit program or plan that provides greater
family or medical leave rights to employees than the rights estab-
lished under this Act or any amendment made by this Act.
(b) LESS PROTECTIVE.—The rights established for employees
under this Act or any amendment made by this Act shall not
be diminished by any collective bargaining agreement or any
employment benefit program or plan.
SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act or any amendment made by this Act shall
be construed to discourage employers from adopting or retaining
leave policies more generous than any policies that comply with
the requirements under this Act or any amendment made by this
Act.
SEC. 404. REGULATIONS.
The Secretary of Labor shall prescribe such regulations as
are necessary to carry out title I and this title not later than
120 days after the date of the enactment of this Act.
SEC. 405. EFFECTIVE DATES.
(a) TITLE III.—Title III shall take effect on the date of the
enactment of this Act.
(b) OTHER TITLES.—
(1) IN GENERAL.—Except as provided in paragraph (2), titles
I, II, and V and this title shall take effect 6 months after
the date of the enactment of this Act.
(2) COLLECTIVE BARGAINING AGREEMENTS.—In the case of
a collective bargaining agreement in effect on the effective
date prescribed by paragraph (1), title I shall apply on the
earlier of—
(A) the date of the termination of such agreement;
or
(B) the date that occurs 12 months after the date
of the enactment of this Act.
H. R. 1—22
TITLE V—COVERAGE OF
CONGRESSIONAL EMPLOYEES
SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.
(a) COVERAGE.—The rights and protections established under
sections 101 through 105 shall apply with respect to a Senate
employee and an employing office. For purposes of such application,
the term ‘‘eligible employee’’ means a Senate employee and the
term ‘‘employer’’ means an employing office.
(b) CONSIDERATION OF ALLEGATIONS.—
(1) APPLICABLE PROVISIONS.—The provisions of sections 304
through 313 of the Government Employee Rights Act of 1991
(2 U.S.C. 1204–1213) shall, except as provided in subsections
(d) and (e)—
(A) apply with respect to an allegation of a violation
of a provision of sections 101 through 105, with respect
to Senate employment of a Senate employee; and
(B) apply to such an allegation in the same manner
and to the same extent as such sections of the Government
Employee Rights Act of 1991 apply with respect to an
allegation of a violation under such Act.
(2) ENTITY.—Such an allegation shall be addressed by the
Office of Senate Fair Employment Practices or such other entity
as the Senate may designate.
(c) RIGHTS OF EMPLOYEES.—The Office of Senate Fair Employ-
ment Practices shall ensure that Senate employees are informed
of their rights under sections 101 through 105.
(d) LIMITATIONS.—A request for counseling under section 305
of such Act by a Senate employee alleging a violation of a provision
of sections 101 through 105 shall be made not later than 2 years
after the date of the last event constituting the alleged violation
for which the counseling is requested, or not later than 3 years
after such date in the case of a willful violation of section 105.
(e) APPLICABLE REMEDIES.—The remedies applicable to individ-
uals who demonstrate a violation of a provision of sections 101
through 105 shall be such remedies as would be appropriate if
awarded under paragraph (1) or (3) of section 107(a).
(f) EXERCISE OF RULEMAKING POWER.—The provisions of sub-
sections (b), (c), (d), and (e), except as such subsections apply
with respect to section 309 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1209), are enacted by the Senate as an
exercise of the rulemaking power of the Senate, with full recognition
of the right of the Senate to change its rules, in the same manner,
and to the same extent, as in the case of any other rule of the
Senate. No Senate employee may commence a judicial proceeding
with respect to an allegation described in subsection (b)(1), except
as provided in this section.
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(g) SEVERABILITY.—Notwithstanding any other provision of law,
if any provision of section 309 of the Government Employee Rights
Act of 1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as
it applies such section 309 to an allegation described in subsection
(b)(1)(A), is invalidated, both such section 309, and subsection (b)(1)
insofar as it applies such section 309 to such an allegation, shall
have no force and effect, and shall be considered to be invalidated
for purposes of section 322 of such Act (2 U.S.C. 1221).
(h) DEFINITIONS.—As used in this section:
(1) EMPLOYING OFFICE.—The term ‘‘employing office’’ means
the office with the final authority described in section 301(2)
of such Act (2 U.S.C. 1201(2)).
(2) SENATE EMPLOYEE.—The term ‘‘Senate employee’’ means
an employee described in subparagraph (A) or (B) of section
301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been
employed for at least 12 months on other than a temporary
or intermittent basis by any employing office.
SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.
(a) IN GENERAL.—The rights and protections under sections
102 through 105 (other than section 104(b)) shall apply to any
employee in an employment position and any employing authority
of the House of Representatives.
(b) ADMINISTRATION.—In the administration of this section, the
remedies and procedures under the Fair Employment Practices
Resolution shall be applied.
(c) DEFINITION.—As used in this section, the term ‘‘Fair Employ-
ment Practices Resolution’’ means rule LI of the Rules of the House
of Representatives.
TITLE VI—SENSE OF CONGRESS
SEC. 601. SENSE OF CONGRESS.
It is the sense of the Congress that:
(a) The Secretary of Defense shall conduct a comprehensive
review of current departmental policy with respect to the service
of homosexuals in the Armed Forces;
(b) Such review shall include the basis for the current
policy of mandatory separation; the rights of all service men
and women, and the effects of any change in such policy on
morale, discipline, and military effectiveness;
(c) The Secretary shall report the results of such review
and consultations and his recommendations to the President
and to the Congress no later than July 15, 1993;
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(d) The Senate Committee on Armed Services shall conduct
(i) comprehensive hearings on the current military policy with
respect to the service of homosexuals in the military services;
and (ii) shall conduct oversight hearings on the Secretary’s
recommendations as such are reported.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.