I
103D CONGRESS
1ST SESSION
H. R. 83
To require employers to provide certain information concerning family leave
policies and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. CARR introduced the following bill; which was referred jointly to the
Committees on Post Office and Civil Service and Education and Labor
A BILL
To require employers to provide certain information
concerning family leave policies, 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 ‘‘Workplace Family
Leave Policy Disclosure Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) there is a substantial number of 2-parent
households in which both parents work, and the
number of single-parent households in which the sin-
gle parent works is increasing significantly;
(2) it is important for the development of chil-
dren and the family unit that parents be able to par-
ticipate in child rearing and the care of children who
have serious health conditions;
(3) one of the most dramatic changes occurring
in the United States is the aging of our population,
and the elderly increasingly will require care and
support from their family members;
(4) it is important for employers to develop
policies that reflect a balance between the demands
of the workplace and the needs and responsibilities
of families;
(5) at a minimum, family leave policies should
offer (A) temporary family leave in the event of a
birth or adoption of a child, for the care of the seri-
ously ill child or family member, or for an employ-
ee’s serious health condition, and (B) protection of
an employee’s job and benefit rights; and
(6) there are conflicting studies, surveys, and
other types of information concerning whether em-
ployers are adequately addressing the needs of em-
ployees to take leave for the purpose of attending to
such important family matters.
SEC. 3 EMPLOYER REPORTS CONCERNING FAMILY LEAVE
POLICIES.
(a) IN GENERAL.—(1) Each Federal, State, or local
government employer, and each private employer shall
submit to the Secretary of Labor a report concerning
whether, and in what manner, such employer provides
leave for purposes of the birth or adoption of a child, for
the care of a seriously ill child or family member, or for
a serious health condition of the employee. Each such em-
ployer shall make a copy of such report available to the
employer’s employees.
(2) The employer shall report such information to the
Secretary of Labor not later than the end of the 12-month
period beginning after the date of the enactment of this
Act and at the end of each of the next 2 succeeding 12-
month periods.
(3) If an employer modifies its family leave policy at
any time during any such 12-month period, that employer
shall inform the Secretary of Labor of such modification.
(4) This Act shall not apply in the case of an em-
ployer whose business operation is owned and controlled
exclusively by members of a family who are not more than
1 generation removed from each other by blood or mar-
riage.
(b) REGULATIONS.—(1) Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Labor shall prescribe regulations to provide guidance to
employers on their reporting obligations under this Act.
The Secretary shall develop a brief model survey form (of
not more than 5 pages) for employers to use to report
information required under this Act.
(2) Such regulations shall include provisions which
encourage employers to submit their reports by electronic
means.
(c) EMPLOYER NOTICES.—Employers shall be re-
quired to post and keep posted, in conspicuous places upon
its premises where notices to employees and applicants for
employment are customarily posted, a notice setting
forth—
(1) a summary, prepared by the Secretary of
Labor, of the pertinent provisions of this Act, and
(2) the rights of the employees to inform the
Secretary of Labor of violations of this Act.
(d) ENFORCEMENT.—(1) Subject to paragraph (2),
any employer who fails to file the required report or who
provides false or misleading information in the report may
be assessed a civil penalty not to exceed $10,000.
(2) In determining the amount of the penalty, the
Secretary of Labor shall take into account the previous
record of the person in terms of compliance with this Act
and the gravity of the violation.
(3) Any civil penalty assessed under this subsection
shall be collected in the same manner as is required by
subsections (b) through (e) of section 503 of the Migrant
and Seasonal Agricultural Workers Protection Act (29
U.S.C. 1853) with respect to civil penalties assessed under
subsection (a) of such section.
SEC. 4. REPORT TO CONGRESS.
Not later than 4 years after the date of the enact-
ment of this Act, the Secretary shall analyze the informa-
tion submitted under this Act and submit a report to the
Congress concerning the Secretary’s analysis of such in-
formation.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Sec-
retary of Labor such sums as may be necessary to carry
out this Act.
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