I 
114TH CONGRESS 
1ST SESSION H. R. 1439 
To provide paid family and medical leave benefits to certain individuals, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2015 
Ms. DELAURO (for herself, Mrs. CAROLYN B. MALONEY of New York, Mr. 
SCHIFF, Mr. RANGEL, Ms. MICHELLE LUJAN GRISHAM of New Mexico, 
Ms. NORTON, Mr. PALLONE, Mr. CONNOLLY, Ms. MATSUI, Mr. GRI-
JALVA, Ms. EDWARDS, Ms. KAPTUR, Ms. SCHAKOWSKY, Ms. CLARK of 
Massachusetts, Mr. CARSON of Indiana, Mr. PASCRELL, Ms. WASSERMAN 
SCHULTZ, Ms. TSONGAS, Mr. HASTINGS, Mr. YARMUTH, Mr. HONDA, 
Mr. TAKAI, Mr. GARAMENDI, Ms. CHU of California, Mr. BLUMENAUER, 
Ms. LOFGREN, Mr. CICILLINE, Mr. KENNEDY, Mr. SEAN PATRICK 
MALONEY of New York, Ms. FRANKEL of Florida, Ms. PINGREE, Ms. 
SPEIER, Ms. MCCOLLUM, Ms. LEE, Miss RICE of New York, Mrs. DIN-
GELL, Mr. GUTIE´RREZ, Mr. LARSEN of Washington, Mrs. LOWEY, Mr. 
DAVID SCOTT of Georgia, Ms. CASTOR of Florida, Ms. BROWN of Florida, 
Mr. HUFFMAN, Mr. MCGOVERN, Mr. SWALWELL of California, Mr. GENE 
GREEN of Texas, Mr. SCOTT of Virginia, Ms. ESHOO, Mr. POLIS, Mr. 
BRADY of Pennsylvania, Mr. CAPUANO, Mr. CROWLEY, Mr. SERRANO, 
Mr. LYNCH, Mr. TONKO, Mr. RYAN of Ohio, Mr. ELLISON, Mr. 
MCDERMOTT, Ms. KUSTER, Mr. NADLER, Mr. PRICE of North Carolina, 
Ms. SLAUGHTER, Mr. TAKANO, Ms. WILSON of Florida, Mr. DOGGETT, 
Ms. FUDGE, Mr. LEWIS, Mr. ENGEL, Ms. LINDA T. SA´NCHEZ of Cali-
fornia, Mr. BERA, Mrs. CAPPS, Mr. COHEN, Mr. CONYERS, Mr. 
DELANEY, Ms. HAHN, Mr. LOWENTHAL, Mrs. NAPOLITANO, Ms. ROY-
BAL-ALLARD, Mr. THOMPSON
of California, Mrs. LAWRENCE, Mr. 
COURTNEY, Ms. BONAMICI, and Ms. MENG) introduced the following bill; 
which was referred to the Committee on Ways and Means 
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A BILL 
To provide paid family and medical leave benefits to certain 
individuals, 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 and Medical 
Insurance Leave Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) In nearly two-thirds of families with chil-
dren, all adults in the household work. Three in four 
caregivers have worked at a paying job at some 
point during their caregiving experience. Without 
paid family and medical leave, many workers are un-
able to take time away from work to care for new-
born children, ill or aging parents and relatives, or 
themselves. 
(2) Both women and men need to be able to 
take time off work to participate in early care of 
their children, in the care of seriously ill family 
members, and to address their own serious health 
conditions. Yet, a mere 13 percent of workers in the 
United States have access to paid family leave 
through their employers, and fewer than 40 percent 
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have access to short-term disability insurance pro-
vided by their employer to use for their own ill-
nesses. 
(3) Many workers cannot afford to take unpaid 
time off work to provide care. According to the De-
partment of Labor, nearly half of workers who quali-
fied for leave under the Family and Medical Leave 
Act of 1993 (FMLA) in 2011 were unable to take 
the leave because they could not afford to take time 
off without pay. Six in ten workers who took par-
tially paid or unpaid leave reported difficulty making 
ends meet; half of these workers were forced to cut 
their leaves short due to financial constraints. 
(4) Only 13 percent of all workers had access 
to paid family leave in 2013 and it was available to 
only 4 percent of individuals working in the lowest 
paying jobs. Workers who lack paid family leave face 
lost wages or even job loss when they miss work be-
cause of their own illness or to care for an ill child 
or parent. In this way, access to paid leave plays a 
critical role in families’ efforts to maintain employ-
ment and economic security. 
(5) Caregiving has a high value but also comes 
at a high cost for family caregivers. The estimated 
value of unpaid family care provided in 2009 was 
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$450 billion. Caregivers face financial, physical and 
emotional hardships, and in many cases their ca-
reers, incomes, and retirement security suffer be-
cause of their family responsibilities. Working care-
givers should not have to risk their family’s eco-
nomic security to fulfill their caregiving obligations. 
The average worker age 50 and older who leaves the 
workforce to care for an elderly parent loses more 
than $300,000 in earnings and retirement income. 
(6) The population over age 65 is expected to 
double within the next few decades. The number of 
people with chronic conditions is expected to reach 
157 million by 2020. Many of these individuals will 
at some point require family care, and for older 
workers still in the workforce, many will need time 
off at some point to address serious health condi-
tions. 
(7) Ensuring working family caregivers have 
paid family leave to care for ailing elders could drive 
down Medicare costs by decreasing recurrences of 
ailments and re-admittance into hospitals. 
(8) Many workers are forced to quickly return 
to work after the birth or arrival of a child because 
they have no access to paid family and medical 
leave. Only half of new mothers take paid leave of 
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any duration after the birth of their first child, and 
among women with less than a high school education 
the figure is less than 20 percent—a rate that has 
not changed in half a century. 
(9) When new mothers have no choice but to 
return to work without taking leave, children can ex-
perience a variety of negative outcomes including 
higher rates of infant mortality, lower rates of 
breastfeeding, lower rates of immunization, and a 
higher incidence of maternal physical and mental 
health concerns. California’s paid family leave insur-
ance program has increased the number of weeks of 
leave that women take after childbirth, with larger 
effects among women in jobs that do not provide 
paid leave. 
(10) A nationwide paid family leave program 
would address the persistent sex discrimination in 
the utilization of leave benefits and reduce the dis-
parity between women and men regarding who takes 
time off from work to fulfill caregiving duties. This 
disparity is driven in part by the fact that men con-
tinue to earn more than women, and, as a result, it 
often makes more economic sense for women in two- 
parent families to take unpaid leave and forgo their 
lower salary. 
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(11) Many men would like to be more involved 
in caregiving and report greater work-family conflict 
than ever before. In California, men’s use of the 
State’s paid family leave insurance program to care 
for a new child has more than doubled since the pro-
gram’s implementation. 
(12) Paid family and medical leave promotes 
families’ financial security and independence, in-
creases worker retention, and promotes savings for 
taxpayers. Women who take paid leave after a 
child’s birth are more likely to be in the labor force 
in the 9 to 12 months after a child’s birth and to 
earn higher wages in the year following their child’s 
birth. Both men and women who take paid leave 
after a child’s birth are less likely to receive food 
stamps and public assistance in the year following a 
child’s birth. 
(13) Without paid medical leave, workers who 
are ill or injured may return to work before being 
fully recovered, thus making them susceptible to a 
relapse or recurrence, and potentially placing addi-
tional burdens on the health care system. When a 
job requires physical stamina or ability, individuals 
who return to work too early may put themselves or 
others in jeopardy. 
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(14) A social insurance model of providing paid 
family leave pioneered by the states of California, 
New Jersey, and Rhode Island has worked well for 
workers, their families, and employers. Between 
2004 and 2014, Californians filed more than 1.9 
million claims to leave to care for a family member 
or bond with a new child. The overwhelming major-
ity of California employers report that the program 
had a positive or neutral effect on their business. 
(15) Between 2009 and 2014, more than 
160,000 New Jersey workers filed eligible claims for 
family leave. Since January 2014, when Rhode Is-
land’s program started, more than 4,200 workers 
have filed paid family leave claims. 
(16) Researchers conclude that some employers 
experienced cost savings by coordinating their own 
benefits with those offered through the State paid 
family leave program. 
(17) Employers and employees benefit when 
workers have access to paid leave. Social Security is 
one of the Nation’s primary social insurance systems 
and it provides retirement assistance and disability 
benefits. When Social Security was created in 1934, 
most families had a stay at home caregiver. That is 
no longer the case. For the first time in the Nation’s 
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history, half of all workers in the United States are 
women. The system needs to be changed to reflect 
the realities of today’s workforce and provide work-
ers with income when they need leave from work due 
to the birth of a child or a serious health condition. 
(18) When workers can care for themselves and 
their loved ones, employers experience positive im-
pacts. More than four times as many worksites cov-
ered by FMLA reported positive effects on employee 
productivity, absenteeism, turnover, career advance-
ment and morale, as well as the business’ profit-
ability as reported negative effects in the Depart-
ment of Labor’s 2012 survey on the FMLA. 
(b) PURPOSE.—It is the purpose of this Act— 
(1) to help working families, including single 
working parents and dual-earner families, afford to 
take time away from work to provide care for a fam-
ily member and be good workers; 
(2) to provide workers with a reasonable level 
of wage replacement during time away from work 
for a serious health condition, for the birth or adop-
tion of a child, for the care of a child, spouse, or 
parent who has a serious health condition, for the 
care of an injured servicemember, or for qualifying 
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exigencies arising from the deployment of a service-
member; 
(3) to address sex discrimination, promote the 
goal of equal employment opportunity for women 
and men, and to provide relief when employers vio-
late the law; and 
(4) to accomplish the purposes described in 
paragraphs (1), (2), and (3) in a manner that ac-
commodates the legitimate interests of employers. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) CAREGIVING
DAY.—The term ‘‘caregiving 
day’’ means, with respect to an individual, a cal-
endar day in which the individual engaged in quali-
fied caregiving. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(3) DEPUTY COMMISSIONER.—The term ‘‘Dep-
uty Commissioner’’ means the Deputy Commissioner 
who heads the Office of Paid Family and Medical 
Leave established under section 4(a). 
(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual who is entitled to a 
benefit under section 5 for a particular month, upon 
filing an application for such benefit for such month. 
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(5) INITIAL WAITING PERIOD.—The term ‘‘ini-
tial waiting period’’ means a period beginning with 
the first caregiving day of an individual occurring 
during the individual’s benefit period and ending 
after the earlier of— 
(A) the fifth caregiving day of the indi-
vidual occurring during the benefit period; or 
(B) the month preceding the first month in 
the benefit period during which occur not less 
than 15 caregiving days of the individual. 
(6) QUALIFIED CAREGIVING.—The term ‘‘quali-
fied caregiving’’ means any activity engaged in by an 
individual, other than regular employment, for a rea-
son for which an eligible employee would be entitled 
to leave under subparagraphs (A) through (E) of 
paragraph (1) of section 102(a) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(a)). 
(7) SELF-EMPLOYMENT
INCOME.—The term 
‘‘self-employment income’’ has the same meaning as 
such term in section 211(b) of such Act (42 U.S.C. 
411(b)). 
(8) STATE.—The term ‘‘State’’ means any 
State of the United States or the District of Colum-
bia or any Territory or possession of the United 
States. 
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(9) WAGES.—The term ‘‘wages’’, except as such 
term is used in subsection (i)(2) of section 5, has 
the same meaning as such term in section 209 of the 
Social Security Act (42 U.S.C. 409). 
(10) 60-DAY
LIMITATION
PERIOD.—The term 
‘‘60-day limitation period’’ means a period— 
(A) beginning with the first caregiving day 
of an individual occurring during the individ-
ual’s benefit period and after the expiration of 
the individual’s 5-day waiting period, if applica-
ble; and 
(B) ending with the 60th caregiving day of 
the individual occurring during the benefit pe-
riod and after the expiration of the 5-day wait-
ing period, 
disregarding any caregiving day of the individual oc-
curring during any month in the benefit period after 
the first 20 caregiving days of the individual occur-
ring during such month. 
SEC. 4. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. 
(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished within the Social Security Administration an office 
to be known as the Office of Paid Family and Medical 
Leave. The Office shall be headed by a Deputy Commis-
sioner who shall be appointed by the Commissioner. 
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(b) 
RESPONSIBILITIES
OF
DEPUTY
COMMIS-
SIONER.—The Commissioner, acting through the Deputy 
Commissioner, shall be responsible for— 
(1) hiring personnel and making employment 
decisions with regard to such personnel; 
(2) issuing such regulations as may be nec-
essary to carry out the purposes of this Act; 
(3) entering into cooperative agreements with 
other agencies and departments to ensure the effi-
ciency of the administration of the program; 
(4) determining eligibility for family and med-
ical leave insurance benefits under section 5; 
(5) determining benefit amounts for each 
month of such eligibility and making timely pay-
ments of such benefits to entitled individuals in ac-
cordance with such section; 
(6) establishing and maintaining a system of 
records relating to the administration of such sec-
tion; 
(7) preventing fraud and abuse relating to such 
benefits; 
(8) providing information on request regarding 
eligibility requirements, the claims process, benefit 
amounts, maximum benefits payable, notice require-
ments, non-discrimination rights, confidentiality, co-
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ordination of leave under this Act and other laws, 
collective bargaining agreements, and employer poli-
cies; 
(9) annually providing employers a notice in-
forming employees of the availability of such bene-
fits; 
(10) annually making available to the public a 
report that includes the number of individuals who 
received such benefits, the purposes for which such 
benefits were received, and an analysis of utilization 
rates of such benefits by gender, race, ethnicity, and 
income levels; and 
(11) tailoring culturally and linguistically com-
petent education and outreach toward increasing uti-
lization rates of benefits under such section. 
(c) AVAILABILITY
OF DATA.—The Commissioner 
shall make available to the Deputy Commissioner such 
data as the Commissioner determines necessary to enable 
the Deputy Commissioner to effectively carry out the re-
sponsibilities described in subsection (b). 
SEC. 5. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT 
PAYMENTS. 
(a) IN GENERAL.—Every individual who— 
(1) is insured for disability insurance benefits 
(as determined under section 223(c) of the Social 
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Security Act (42 U.S.C. 423(c))) at the time such 
individual’s application is filed; 
(2) has earned income from employment during 
the 12 months prior to the month in which the ap-
plication is filed; 
(3) has filed an application for a family and 
medical leave insurance benefit in accordance with 
subsection (d); and 
(4) was engaged in qualified caregiving, or an-
ticipates being so engaged, during the period that 
begins 90 days before the date on which such appli-
cation is filed or within 30 days after such date, 
shall be entitled to such a benefit for each month in the 
benefit period specified in subsection (c), not to exceed 60 
caregiving days per benefit period. 
(b) BENEFIT AMOUNT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the benefit amount to which 
an individual is entitled under this section for a 
month shall be an amount equal to the greater of— 
(A) the lesser of 1⁄18 of the wages and self- 
employment income of the individual for the 
calendar year in which such wages and self-em-
ployment income are the highest among the 
most recent three calendar years, or the max-
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imum benefit amount determined under para-
graph (2); or 
(B) the minimum benefit amount deter-
mined under paragraph (2), 
multiplied by the quotient (not greater than 1) ob-
tained by dividing the number of caregiving days of 
the individual in such month by 20. 
(2) ANNUAL INCREASE OF MAXIMUM AND MIN-
IMUM BENEFIT AMOUNTS.— 
(A) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in the first full calendar year after the 
date of enactment of this Act, the maximum 
monthly benefit amount and the minimum 
monthly benefit amount shall be $4,000 and 
$580, respectively. 
(B) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in any calendar year after such first 
full calendar year the maximum benefit amount 
and the minimum benefit amount shall be, re-
spectively, the product of the corresponding 
amount determined with respect to the first cal-
endar year under subparagraph (A) and the 
quotient obtained by dividing— 
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(i) the national average wage index 
(as defined in section 209(k)(1) of the So-
cial Security Act (42 U.S.C. 409(k)(1))) 
for the second calendar year preceding the 
first calendar year for which the deter-
mination is made, by 
(ii) the national average wage index 
(as so defined) for 2015. 
(3) LIMITATIONS ON BENEFITS PAID.— 
(A) NONPAYABLE WAITING PERIOD.—Any 
calendar day during an individual’s benefit pe-
riod which occurs before the expiration of an 
initial waiting period shall not be taken into ac-
count under this subsection as a caregiving day 
of the individual. 
(B) LIMITATION
ON
TOTAL
BENEFITS 
PAID.—Any calendar day during an individual’s 
benefit period which occurs after the expiration 
of a 60-day limitation period shall not be taken 
into account under this subsection as a 
caregiving day of the individual. 
(4) REDUCTION IN BENEFIT AMOUNT ON AC-
COUNT OF RECEIPT OF CERTAIN BENEFITS.—A ben-
efit under this section for a month shall be reduced 
by the amount, if any, in certain benefits (as deter-
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mined under regulations issued by the Commis-
sioner) as may be otherwise received by an indi-
vidual. For purposes of the preceding sentence, cer-
tain benefits include— 
(A) periodic benefits on account of such in-
dividual’s total or partial disability under a 
workmen’s compensation law or plan of the 
United States or a State; and 
(B) periodic benefits on account of an indi-
vidual’s employment status under an unemploy-
ment law or plan of the United States or a 
State. 
(5) COORDINATION OF BENEFIT AMOUNT WITH 
CERTAIN
STATE
BENEFITS.—A benefit received 
under this section shall be coordinated, in a manner 
determined by regulations issued by the Commis-
sioner, with the periodic benefits received from tem-
porary disability insurance or family leave insurance 
programs under any law or plan of a State, a polit-
ical subdivision (as that term is used in section 
218(b)(2) of the Social Security Act (42 U.S.C. 
418(b)(2))), or an instrumentality of 2 or more 
States (as that term is used in section 218(g) of 
such Act of the Social Security Act (42 U.S.C. 
418(g))). 
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(c) BENEFIT PERIOD.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the benefit period specified in this sub-
section shall begin on the 1st day of the 1st month 
in which the individual meets the criteria specified in 
paragraphs (1), (2), and (3) of subsection (a), and 
shall end on the date that is 365 days after the 1st 
day of the benefit period. 
(2) RETROACTIVE BENEFITS.—In the case of 
an application for benefits under this section for 
qualified caregiving in which the individual was en-
gaged at any time during the 90-day period pre-
ceding the date on which such application is sub-
mitted, the benefit period specified in this subsection 
shall begin on the later of— 
(A) the 1st day of the 1st month in which 
the individual engaged in such qualified 
caregiving; or 
(B) the 1st day of the 1st month that be-
gins during such 90-day period, 
and shall end on the date that is 365 days after the 
1st day of the benefit period. 
(d) APPLICATION.—An application for a family and 
medical leave insurance benefit shall include— 
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(1) a statement that the individual was engaged 
in qualified caregiving, or anticipates being so en-
gaged, during the period that begins 90 days before 
the date on which the application is submitted or 
within 30 days after such date; 
(2) if the qualified caregiving described in the 
statement in paragraph (1) is engaged in by the in-
dividual because of a serious health condition of the 
individual or a relative of the individual, a certifi-
cation, issued by the health care provider treating 
such serious health condition, that affirms the infor-
mation specified in paragraph (1) and contains such 
information as the Commissioner shall specify in 
regulations, which shall be no more than the infor-
mation that is required to be stated under section 
103(b) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2613(b)); 
(3) if such qualified caregiving is engaged in by 
the individual for any other authorized reason, a cer-
tification, issued by a relevant authority determined 
under regulations issued by the Commissioner, that 
affirms the circumstances giving rise to such reason; 
and 
(4) an attestation from the applicant that his or 
her employer has been provided with written notice 
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of the individual’s intention to take family or med-
ical leave, if the individual has an employer, or to 
the Commissioner in all other cases. 
(e) INELIGIBILITY; DISQUALIFICATION.— 
(1) INELIGIBILITY
FOR
BENEFIT.—An indi-
vidual shall be ineligible for a benefit under this sec-
tion for any month for which the individual is enti-
tled to— 
(A) disability insurance benefits under sec-
tion 223 of the Social Security Act (42 U.S.C. 
423) or a similar permanent disability program 
under any law or plan of a State or political 
subdivision or instrumentality of a State (as 
such terms are used in section 218 of the Social 
Security Act (42 U.S.C. 418)); 
(B) monthly insurance benefits under sec-
tion 202 of such Act (42 U.S.C. 402) based on 
such individual’s disability (as defined in sec-
tion 223(d) of such Act (42 U.S.C. 423(d))); or 
(C) benefits under title XVI of such Act 
(42 U.S.C. 1381 et seq.) based on such individ-
ual’s status as a disabled individual (as deter-
mined under section 1614 of such Act (42 
U.S.C. 1382c)). 
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(2) DISQUALIFICATION.—An individual who has 
been convicted of a violation under section 208 of 
the Social Security Act (42 U.S.C. 408) or who has 
been found to have used false statement to secure 
benefits under this section, shall be ineligible for 
benefits under this section for a 1-year period fol-
lowing the date of such conviction. 
(f) REVIEW OF ELIGIBILITY AND BENEFIT PAYMENT 
DETERMINATIONS.— 
(1) ELIGIBILITY DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall provide notice to an individual applying 
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 
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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 
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-
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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-
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 
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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 supercede any provision of State or local 
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) PROHIBITED ACTS; ENFORCEMENT.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to discharge or in any other manner discrimi-
nate against an individual because the individual has 
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applied for, indicated an intent to apply for, or re-
ceived family and medical leave insurance benefits. 
(2) CIVIL ACTION BY AN INDIVIDUAL.— 
(A) LIABILITY.—Any person who violates 
paragraph (1) shall be liable to any individual 
employed by such person who is affected by the 
violation— 
(i) for damages equal to the sum of— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost to the in-
dividual, any actual monetary 
losses sustained by the individual 
as a direct result of the violation, 
such as the cost of providing 
care, up to a sum equal to 60 
calendar days of wages or salary 
for the individual; 
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(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages equal to the sum of 
the amount described in subclause (I) 
and the interest described in sub-
clause (II), except that if a person 
who has violated paragraph (1) proves 
to the satisfaction of the court that 
the act or omission which violated 
paragraph (1) was in good faith and 
that 
the 
person 
had 
reasonable 
grounds for believing that the act or 
omission was not a violation of para-
graph (1), such court may, in the dis-
cretion of the court, reduce the 
amount of the liability to the amount 
and interest determined under sub-
clauses (I) and (II), respectively; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
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in subparagraph (A) may be maintained against 
any person in any Federal or State court of 
competent jurisdiction by any individual for and 
on behalf of— 
(i) the individual; or 
(ii) the individual and other individ-
uals similarly situated. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any individual shall terminate— 
(i) on the filing of a complaint by the 
Commissioner in an action under para-
graph (5) in which restraint is sought of 
any further delay in the payment of the 
amount described in subparagraph (A)(I) 
to such individual by the person respon-
sible under subparagraph (A) for the pay-
ment; or 
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(ii) on the filing of a complaint by the 
Commissioner in an action under para-
graph (3) in which a recovery is sought of 
the damages described in subparagraph 
(A)(I) owing to an individual by a person 
liable under subparagraph (A), 
unless the action described in clause (I) or (ii) 
is dismissed without prejudice on motion of the 
Commissioner. 
(3) ACTION BY THE COMMISSIONER.— 
(A) CIVIL
ACTION.—The Commissioner 
may bring an action in any court of competent 
jurisdiction to recover the damages described in 
paragraph (2)(A)(I). 
(B) SUMS RECOVERED.—Any sums recov-
ered by the Commissioner pursuant to subpara-
graph (A) shall be held in a special deposit ac-
count and shall be paid, on order of the Com-
missioner, directly to each individual affected. 
Any such sums not paid to an individual be-
cause of inability to do so within a period of 3 
years shall be deposited into the Federal Family 
and Medical Leave Insurance Trust Fund. 
(4) LIMITATION.— 
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(A) IN
GENERAL.—An action may be 
brought under this subsection not later than 3 
years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) COMMENCEMENT.—An action brought 
by the Commissioner under this subsection shall 
be considered to be commenced on the date 
when the complaint is filed. 
(5) ACTION
FOR
INJUNCTION
BY
COMMIS-
SIONER.—The district courts of the United States 
shall have jurisdiction, for cause shown, in an action 
brought by the Commissioner— 
(A) to restrain violations of paragraph (1), 
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 an individual; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(i) SPECIAL RULE FOR RAILROAD EMPLOYEES.—For 
purposes of subsection (a)(1), an individual shall be 
deemed to be insured for disability insurance benefits if 
the individual would be so insured if the individual’s serv-
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ice as an employee (as defined in the section 1(b) of the 
Railroad Retirement Act of 1974) after December 31, 
1936, were included within the meaning of the term ‘‘em-
ployment’’ for purposes of title II of the Social Security 
Act (42 U.S.C. 401 et seq.). 
(j) DETERMINATION
OF WHETHER
AN ACTIVITY 
CONSTITUTES QUALIFIED CAREGIVING.— 
(1) IN GENERAL.—For purposes of determining 
whether an activity engaged in by an individual con-
stitutes qualified caregiving under this section— 
(A) the term ‘‘spouse’’ (as used in section 
102(a) of the Family and Medical Leave Act 
(29 U.S.C. 2612(a))) includes the individual’s 
domestic partner; and 
(B) the term ‘‘son or daughter’’ (as used 
in such section) includes a son or daughter (as 
defined in section 101 of such Act) of the indi-
vidual’s domestic partner. 
(2) DOMESTIC PARTNER.— 
(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘‘domestic partner’’, with 
respect to an individual, means another indi-
vidual with whom the individual is in a com-
mitted relationship. 
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(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between two individuals 
(each at least 18 years of age) in which each 
individual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility for a significant measure of each other’s 
common welfare. The term includes any such 
relationship between two individuals, including 
individuals of the same sex, that is granted 
legal recognition by a State or political subdivi-
sion of a State as a marriage or analogous rela-
tionship, including a civil union or domestic 
partnership. 
(k) APPLICABILITY OF CERTAIN SOCIAL SECURITY 
ACT PROVISIONS.—The provisions of sections 204, 205, 
206, and 208 of the Social Security Act shall apply to 
benefit payments authorized by and paid out pursuant to 
this section in the same way that such provisions apply 
to benefit payments authorized by and paid out pursuant 
to title II of such Act. 
(l) EFFECTIVE DATE FOR APPLICATIONS.—Applica-
tions described in this section may be filed beginning 18 
months after the date of enactment of this Act. 
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SEC. 6. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE 
INSURANCE TRUST FUND. 
(a) IN GENERAL.—There is hereby created on the 
books of the Treasury of the United States a trust fund 
to be known as the ‘‘Federal Family and Medical Leave 
Insurance Trust Fund’’. The Federal Family and Medical 
Leave Insurance Trust Fund shall consist of such gifts 
and bequests as may be made as provided in section 
201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) 
and such amounts as may be appropriated to, or deposited 
in, the Federal Family and Medical Leave Insurance 
Trust Fund as provided in this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Federal Family and Medical 
Leave Insurance Trust Fund out of moneys in the 
Treasury not otherwise appropriated— 
(A) for the first three fiscal years begin-
ning after the date of enactment of this Act, 
such sums as may be necessary for the Com-
missioner to administer the office established 
under section 4 and pay the benefits under sec-
tion 5; 
(B) 100 percent of the taxes imposed by 
sections 3101(c) and 3111(c) of the Internal 
Revenue Code of 1986 with respect to wages 
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(as defined in section 3121 of such Code) re-
ported to the Secretary of the Treasury pursu-
ant to subtitle F of such Code, as determined 
by the Secretary of the Treasury by applying 
the applicable rate of tax under such sections to 
such wages; 
(C) 100 percent of the taxes imposed by 
section 1401(c) of such Code with respect to 
self-employment income (as defined in section 
1402 of such Code) reported to the Secretary of 
the Treasury on tax returns under subtitle F of 
such Code, as determined by the Secretary of 
the Treasury by applying the applicable rate of 
tax under such section to such self-employment 
income; and 
(D) 100 percent of the taxes imposed by 
sections 3201(c), 3211(c), and 3221(c) of such 
Code with respect to compensation (as defined 
in section 3231 of such Code) reported to the 
Secretary of the Treasury on tax returns under 
subtitle F of such Code, as determined by the 
Secretary of the Treasury by applying the ap-
plicable rate of tax under such sections to such 
compensation. 
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(2) REPAYMENT OF INITIAL APPROPRIATION.— 
Amounts appropriated pursuant to subparagraph 
(A) of paragraph (1) shall be repaid to the Treasury 
of the United States not later than 10 years after 
the first appropriation is made pursuant to such 
subparagraph. 
(3) TRANSFER TO TRUST FUND.—The amounts 
described in paragraph (2) shall be transferred from 
time to time from the general fund in the Treasury 
to the Federal Family and Medical Leave Insurance 
Trust Fund, such amounts to be determined on the 
basis of estimates by the Secretary of the Treasury 
of the taxes, specified in such paragraph, paid to or 
deposited into the Treasury. Proper adjustments 
shall be made in amounts subsequently transferred 
to the extent prior estimates were inconsistent with 
the taxes specified in such paragraph. 
(c) MANAGEMENT OF TRUST FUND.—The provisions 
of subsections (c), (d), (e), (f), (i), and (m) of section 201 
of the Social Security Act (42 U.S.C. 401) shall apply with 
respect to the Federal Family and Medical Leave Insur-
ance Trust Fund in the same manner as such provisions 
apply to the Federal Old-Age and Survivors Insurance 
Trust Fund and the Disability Insurance Trust Fund. 
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(d) BENEFITS PAID FROM TRUST FUND.—Benefit 
payments required to be made under section 5 shall be 
made only from the Federal Family and Medical Leave 
Insurance Trust Fund. 
(e) ADMINISTRATION.—There are authorized to be 
made available for expenditure, out of the Federal Family 
and Medical Leave Insurance Trust Fund, such sums as 
may be necessary to pay the costs of the administration 
of section 5, including start-up costs, technical assistance, 
outreach, education, evaluation, and reporting. 
(f) PROHIBITION.—No funds from the Social Secu-
rity Trust Fund or appropriated to the Social Security Ad-
ministration to administer Social Security programs may 
be used for Federal Family and Medical Leave Insurance 
benefits or administration set forth under this Act. 
SEC. 7. INTERNAL REVENUE CODE PROVISIONS. 
(a) IN GENERAL.— 
(1) EMPLOYEE CONTRIBUTION.—Section 3101 
of the Internal Revenue Code of 1986 is amended— 
(A) by redesignating subsection (c) as sub-
section (d), and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
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‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of every indi-
vidual a tax equal to the applicable percentage of the 
wages (as defined in section 3121(a)) received by the 
individual with respect to employment (as defined in 
section 3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of wages received in 
any calendar year.’’. 
(2) EMPLOYER CONTRIBUTION.—Section 3111 
of such Code is amended— 
(A) by redesignating subsections (c), (d) 
and (e) as subsections (d), (e), and (f) respec-
tively, and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on every employer an excise 
tax, with respect to having individuals in his employ, 
equal to the applicable percentage of the wages (as 
defined in section 3121(a)) paid by the employer 
with respect to employment (as defined in section 
3121(b)). 
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‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of wages paid in any 
calendar year.’’. 
(3) SELF-EMPLOYMENT
INCOME
CONTRIBU-
TION.— 
(A) IN GENERAL.—Section 1401 of such 
Code is amended— 
(i) by redesignating subsection (c) as 
subsection (d), and 
(ii) by inserting after subsection (b) 
the following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed for each taxable year, on the 
self-employment income of every individual, a tax 
equal to the applicable percentage of the amount of 
the self-employment income for such taxable year. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.4 percent in the case of self-employment in-
come in any taxable year.’’. 
(B) EXCLUSION OF CERTAIN NET EARN-
INGS
FROM
SELF-EMPLOYMENT.—Section 
1402(b)(1) of such Code is amended by striking 
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‘‘tax imposed by section 1401(a)’’ and inserting 
‘‘taxes imposed by subsections (a) and (c) of 
section 1401’’. 
(b) RAILROAD RETIREMENT TAX ACT.— 
(1) EMPLOYEE CONTRIBUTION.—Section 3201 
of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d), and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of each em-
ployee a tax equal to the applicable percentage of 
the compensation received during any calendar year 
by such employee for services rendered by such em-
ployee. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation re-
ceived in any calendar year.’’. 
(2) EMPLOYEE
REPRESENTATIVE
CONTRIBU-
TION.—Section 3211 of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d), and 
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(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of each em-
ployee representative a tax equal to the applicable 
percentage of the compensation received during any 
calendar year by such employee representative for 
services rendered by such employee representative. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation re-
ceived in any calendar year.’’. 
(3) EMPLOYER CONTRIBUTION.—Section 3221 
of such Code is amended— 
(A) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively, and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on every employer an excise 
tax, with respect to having individuals in his employ, 
equal to the applicable percentage of the compensa-
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tion paid during any calendar year by such employer 
for services rendered to such employer. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of compensation paid 
in any calendar year.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 6413(c) of the Internal Revenue 
Code of 1986 is amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, section 3101(c),’’ 
after ‘‘by section 3101(a)’’; and 
(ii) by striking ‘‘both’’ and inserting 
‘‘each’’; and 
(B) in paragraph (2), by inserting ‘‘or 
3101(c)’’ after ‘‘3101(a)’’ each place it appears. 
(2) Section 15(a) of the Railroad Retirement 
Act of 1974 (45 U.S.C. 231n(a)) is amended by in-
serting ‘‘(other than sections 3201(c), 3211(c), and 
3221(c))’’ before the period at the end. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 120 days after the date of 
the enactment of this Act. 
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SEC. 8. REGULATIONS. 
The Commissioner, in consultation with the Secretary 
of Labor, shall prescribe regulations necessary to carry out 
this Act. In developing such regulations, the Commissioner 
shall consider the input from a volunteer advisory body 
comprised of not more than 15 individuals, including ex-
perts in the relevant subject matter and officials charged 
with implementing State paid family and medical leave in-
surance programs. The Commissioner shall take such pro-
grams into account when proposing regulations. Such indi-
viduals shall be appointed as follows: 
(1) Five individuals to be appointed by the 
President. 
(2) Three individuals to be appointed by the 
majority leader of the Senate. 
(3) Two individuals to be appointed by the mi-
nority leader of the Senate. 
(4) Three individuals to be appointed by the 
Speaker of the House of Representatives. 
(5) Two individuals to be appointed by the mi-
nority leader of the House of Representatives. 
SEC. 9. GAO STUDY. 
Not later than 3 years after the date of enactment 
of this Act, the Comptroller General shall submit to Con-
gress a report on family and medical leave insurance bene-
fits paid under section 5 for any month during the 1-year 
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period beginning on January 1, 2017. The report shall in-
clude the following: 
(1) An identification of the total number of ap-
plications for such benefits filed for any month dur-
ing such 1-year period, and the average number of 
days occurring in the period beginning on the date 
on which such an application is received and ending 
on the date on which the initial determination of eli-
gibility with respect to the application is made. 
(2) An identification of the total number of re-
quests for review of an initial adverse determination 
of eligibility for such benefits made during such 1- 
year period, and the average number of days occur-
ring in the period beginning on the date on which 
such review is requested and ending on the date on 
which the final determination of eligibility with re-
spect to such review is made. 
(3) An identification of the total number of 
monthly benefit claim reports for such benefits filed 
during such 1-year period, and the average number 
of days occurring in the period beginning on the 
date on which such a claim report is received and 
ending on the date on which the initial determina-
tion of eligibility with respect to the claim report is 
made. 
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(4) An identification of the total number of re-
quests for review of an initial adverse determination 
relating to a monthly benefit claim report for such 
benefits made during such 1-year period, and the av-
erage number of days occurring in the period begin-
ning on the date on which such review is requested 
and ending on the date on which the final deter-
mination of eligibility with respect to such review is 
made. 
(5) An identification of any excessive delay in 
any of the periods described in paragraphs (1) 
through (4), and a description of the causes for such 
delay. 
Æ 
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