(11) Among the OECD countries, adoptive
mothers and adoptive parents are increasingly eligi-
ble for the paid childbirth-related leave.
Subtitle A—Family Income To
Respond to Significant Transitions
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Income to
Respond to Significant Transitions Insurance Act’’.
SEC. 512. PURPOSES.
The purposes of this subtitle are—
(1) to establish a demonstration program that
supports the efforts of States and political subdivi-
sions to provide partial or full wage replacement,
often referred to as FIRST insurance, to new par-
ents so that the new parents are able to spend time
with a new infant or newly adopted child, and to
other employees; and
(2) to learn about the most effective mecha-
nisms for providing the wage replacement assistance.
SEC. 513. DEFINITIONS.
In this subtitle:
(1) EMPLOYER; SON OR DAUGHTER; STATE.—
The terms ‘‘employer’’, ‘‘son or daughter’’, and
‘‘State’’ have the meanings given the terms in sec-
tion 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor, acting after consultation
with the Secretary of Health and Human Services.
SEC. 514. DEMONSTRATION PROJECTS.
(a) GRANTS.—
(1) IN GENERAL.—The Secretary shall make
grants to eligible entities to pay for the Federal
share of the cost of carrying out projects that assist
families by providing, through various mechanisms,
wage replacement for eligible individuals who are re-
sponding to—
(A) caregiving needs resulting from the
birth or adoption of a son or daughter; or
(B) other family caregiving needs.
(2) PERIODS.—The Secretary shall make the
grants for periods of 5 years.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under this section, an entity shall be a State or polit-
ical subdivision of a State.
(c) USE OF FUNDS.—
(1) IN
GENERAL.—An entity that receives a
grant under this section may use the funds made
available through the grant to provide partial or full
wage replacement as described in subsection (a) to
eligible individuals—
(A) directly;
(B) through an insurance program, such
as a State temporary disability insurance pro-
gram or the State unemployment compensation
benefit program;
(C) through a private disability or other
insurance plan, or another mechanism provided
by a private employer; or
(D) through another mechanism.
(2) PERIOD.—In carrying out a project under
this section, the entity shall provide partial or full
wage replacement to eligible individuals for not less
than 6 weeks during a period of leave, or an absence
from employment, described in subsection (d)(2),
during any 12-month period. Wage replacement
available to an individual under this paragraph shall
be in addition to any compensation from annual or
sick leave that the individual may elect to use during
a period of leave, or an absence from employment,
described in subsection (d)(2), during any 12-month
period.
(3) ADMINISTRATIVE
COSTS.—No entity may
use more than 10 percent of the total funds made
available through the grant during the 5-year period
of the grant to pay for the administrative costs re-
lating to a project described in subsection (a).
(d) ELIGIBLE INDIVIDUALS.—To be eligible to re-
ceive wage replacement under subsection (a), an individual
shall—
(1) meet such eligibility criteria as the eligible
entity providing the wage replacement may specify
in an application described in subsection (e); and
(2) be—
(A) an individual who is taking leave,
under the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), other Federal,
State, or local law, or a private plan, for a rea-
son described in subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1));
(B) at the option of the eligible entity, an
individual who—
(i) is taking leave, under that Act,
other Federal, State, or local law, or a pri-
vate plan, for a reason described in sub-
paragraph (C), (D), (E), or (F) of section
102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1));
or
(ii) leaves employment, and has an ab-
sence from employment, because the indi-
vidual has elected to care for a son or
daughter under age 1; or
(C) at the option of the eligible entity, an
individual who has an absence from employ-
ment and has other characteristics specified by
the eligible entity in an application described in
subsection (e).
(e) APPLICATION.—To be eligible to receive a grant
under this section, an entity shall submit an application
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding, at a minimum—
(1) a plan for the project to be carried out with
the grant;
(2) information demonstrating that the appli-
cant consulted representatives of employers and em-
ployees, including labor organizations, in developing
the plan;
(3) estimates of the costs and benefits of the
project;
(A) the scope of the proposed projects;
(B) the cost-effectiveness, feasibility, and
financial soundness of the proposed projects;
(C) the extent to which the proposed
projects would expand access to wage replace-
ment in response to family caregiving needs,
particularly for low-wage employees, in the area
served by the grant; and
(D) the benefits that would be offered to
families and children through the proposed
projects; and
(2) to the extent feasible, select entities pro-
posing projects that utilize diverse mechanisms, in-
cluding expansion of State unemployment compensa-
tion benefit programs, and establishment or expan-
sion of State temporary disability insurance pro-
grams, to provide the wage replacement.
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the
cost described in subsection (a) shall be—
(A) 50 percent for the first year of the
grant period;
(B) 40 percent for the second year of that
period;
(C) 30 percent for the third year of that
period; and
(D) 20 percent for each subsequent year.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost may be in cash or in kind, fairly
evaluated, including plant, equipment, and services
and may be provided from State, local, or private
sources, or Federal sources other than this subtitle.
(h) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this subtitle shall be
used to supplement and not supplant other Federal, State,
and local public funds and private funds expended to pro-
vide wage replacement.
(i) EFFECT ON EXISTING RIGHTS.—Nothing in this
subtitle shall be construed to supersede, preempt, or other-
wise infringe on the provisions of any collective bargaining
agreement or any employment benefit program or plan
that provides greater rights to employees than the rights
established under this subtitle.
SEC. 515. NOTIFICATION.
An eligible entity that provides partial or full wage
replacement to an eligible individual under this subtitle
shall notify (in a form and manner prescribed by the Sec-
retary)—
(1) the employer of the individual of the
amount of the wage replacement provided; and
(2) the individual and the employer of the indi-
vidual that the employer shall count an appropriate
period of leave, calculated under section 102(g) of
the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(g)), as added by section 518, against
the total amount of leave (if any) to which the em-
ployee is entitled under section 102(a)(1) of that Act
(29 U.S.C. 2612(a)(1)).
SEC. 516. EVALUATIONS AND REPORTS.
(a) AVAILABLE FUNDS.—The Secretary shall use not
more than 2 percent of the funds made available under
section 517 to carry out this section.
(b) EVALUATIONS.—The Secretary shall, directly or
by contract, evaluate the effectiveness of projects carried
out with grants made under section 514, including
conducting—
(1) research relating to the projects, including
research comparing—
(A) the scope of the projects, including the
type of insurance or other wage replacement
mechanism used, the method of financing used,
the eligibility requirements, the level of the
wage replacement benefit provided (such as the
percentage of salary replaced), and the length
of the benefit provided, for the projects;
(B) the utilization of the projects, includ-
ing the characteristics of individuals who ben-
efit from the projects, particularly low-wage
workers, and factors that determine the ability
of eligible individuals to obtain wage replace-
ment through the projects; and
(C) the costs of and savings achieved by
the projects, including the cost-effectiveness of
the projects and their benefits for children and
families;
(2) analysis of the overall need for wage re-
placement; and
(3) analysis of the impact of the projects on the
overall availability of wage replacement.
(c) REPORTS.—
(1) INITIAL REPORT.—Not later than 3 years
after the beginning of the grant period for the first
grant made under section 514, the Secretary shall
prepare and submit to Congress a report that con-
tains information resulting from the evaluations con-
ducted under subsection (b).
(2) SUBSEQUENT REPORTS.—Not later than 4
years after the beginning of that grant period, and
annually thereafter, the Secretary shall prepare and
submit to Congress a report that contains—
(A) information resulting from the evalua-
tions conducted under subsection (b); and
(B) usage data for the demonstration
projects, for the most recent year for which the
data are available.
SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $400,000,000 for fiscal year 2004 and such
sums as may be necessary for each subsequent fiscal year.
SEC. 518. TECHNICAL AND CONFORMING AMENDMENTS.
(a) IN GENERAL.—Section 102 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612) is amended
by adding at the end the following:
‘‘(g) RELATIONSHIP TO FIRST INSURANCE.—
‘‘(1) FULL WAGE REPLACEMENT.—If an eligible
entity provides full wage replacement to an employee
for a period under subtitle A of the Family and
Medical Leave Expansion Act, the employee’s em-
ployer shall count an amount of leave, equal to that
period, against the total amount of leave (if any) to
which the employee is entitled under subsection
(a)(1).
‘‘(2) PARTIAL WAGE REPLACEMENT.—If an eli-
gible entity provides partial wage replacement to an
employee for a period under subtitle A of the Family
and Medical Leave Expansion Act, the employee’s
employer shall—
‘‘(A) total the amount of partial wage re-
placement provided for that period;
‘‘(B) convert the total into a corresponding
amount of full wage replacement provided for a
proportionately reduced period; and
‘‘(C) count an amount of leave, equal to
the period described in subparagraph (B),
against the total amount of leave (if any) to
which the employee is entitled under subsection
(a)(1).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 102(d)(2) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(d)(2)) is amended by striking
‘‘for leave’’ each place it appears and inserting ‘‘for any
unpaid leave’’.
Subtitle B—Family Friendly
Workplaces
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ‘‘Family and Med-
ical Leave Fairness Act of 2003’’.
SEC. 522. COVERAGE OF EMPLOYEES.
Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2611(2)(B)(ii) and (4)(A)(i)) are amended by striking
‘‘50’’ each place it appears and inserting ‘‘25’’.
Subtitle C—Employment
Protection for Battered Women
SEC. 531. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR NON-FEDERAL EM-
PLOYEES.
(a) DEFINITIONS.—Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended
by adding at the end the following:
‘‘(14) ADDRESSING DOMESTIC VIOLENCE AND
ITS EFFECTS.—The term ‘addressing domestic vio-
lence and its effects’ means—
‘‘(A) being unable to attend or perform
work due to an incident of domestic violence;
‘‘(B) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence;
‘‘(C) seeking legal assistance or remedies,
including communicating with the police or an
attorney, or participating in any legal pro-
ceeding, related to domestic violence;
‘‘(D) obtaining services from a domestic vi-
olence shelter or program or rape crisis center
as a result of domestic violence;
‘‘(E) obtaining psychological counseling re-
lated to experiences of domestic violence;
‘‘(F) participating in safety planning and
other actions to increase safety from future do-
mestic violence, including temporary or perma-
nent relocation; and
‘‘(G) participating in any other activity ne-
cessitated by domestic violence that must be un-
dertaken during the hours of employment in-
volved.
‘‘(15) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ means domestic violence, and dating vio-
lence, as such terms are defined in section 2105 of
the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh–4).’’.
(b) LEAVE REQUIREMENT.—Section 102 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is
amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daugh-
ter, or parent of the employee, if such son,
daughter, or parent is addressing domestic vio-
lence and its effects.
‘‘(F) Because the employee is addressing
domestic violence and its effects, which make
the employee unable to perform the functions of
the position of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an eligible employee intermittently or on a
reduced leave schedule. The taking of leave intermit-
tently 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 enti-
tled under subsection (a) beyond the amount of leave
actually taken.’’; and
(3) in subsection (d)(2)(B), by striking ‘‘(C) or
(D)’’ and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613) is
amended—
(1) in the title of the section, by inserting be-
fore the period the following: ‘‘; CONFIDEN-
TIALITY’’; and
(2) by adding at the end the following:
‘‘(f) DOMESTIC VIOLENCE.—In determining if an em-
ployee meets the requirements of subparagraph (E) or (F)
of section 102(a)(1), the employer of an employee may re-
quire the employee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, an employee of a
domestic violence program, an attorney, a member
of the clergy, or a medical or other professional,
from whom the employee has sought assistance in
addressing domestic violence and its effects; or
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
domestic violence, such as a photograph, torn or
bloody clothing, or any other damaged property.
‘‘(g) CONFIDENTIALITY.—All evidence provided to
the employer under subsection (f) of domestic violence ex-
perienced by an employee or the son, daughter, or parent
of an employee, including a statement of an employee, any
other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose
of addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employer, except
to the extent that disclosure is requested, or consented to,
by the employee for the purpose of—
‘‘(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
‘‘(2) assisting in documenting domestic violence
for a court or agency.’’.
(d) TABLE OF CONTENTS.—The table of contents in
section 1(b) of the Family and Medical Leave Act of 1993
(29 U.S.C. prec. 2601) is amended by striking the item
relating to section 103 and inserting the following:
‘‘Sec. 103. Certification; confidentiality.’’.
SEC. 532. ENTITLEMENT TO LEAVE FOR ADDRESSING DO-
MESTIC VIOLENCE FOR FEDERAL EMPLOY-
EES.
(a) DEFINITIONS.—Section 6381 of title 5, United
States Code, is amended—
(1) at the end of paragraph (5), by striking
‘‘and’’;
(2) in paragraph (6), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(7) the term ‘addressing domestic violence and
its effects’ has the meaning given the term in section
101 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611); and
‘‘(8) the term ‘domestic violence’ means domes-
tic violence, and dating violence, as such terms are
defined in section 2105 of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C.
3796hh–4).’’.
(b) LEAVE REQUIREMENT.—Section 6382 of title 5,
United States Code, is amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(E) In order to care for the son, daughter, or
parent of the employee, if such son, daughter, or
parent is addressing domestic violence and its ef-
fects.
‘‘(F) Because the employee is addressing do-
mestic violence and its effects, which make the em-
ployee unable to perform the functions of the posi-
tion of such employee.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(3) DOMESTIC VIOLENCE.—Leave under sub-
paragraph (E) or (F) of subsection (a)(1) may be
taken by an employee intermittently or on a reduced
leave schedule. The taking of leave intermittently or
on a reduced leave schedule pursuant to this para-
graph 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 ac-
tually taken.’’; and
(3) in subsection (d), by striking ‘‘(C), or (D)’’
and inserting ‘‘(C), (D), (E), or (F)’’.
(c) CERTIFICATION.—Section 6383 of title 5, United
States Code, is amended—
(1) in the title of the section, by adding at the
end the following: ‘‘; confidentiality’’; and
(2) by adding at the end the following:
‘‘(f) In determining if an employee meets the require-
ments of subparagraph (E) or (F) of section 6382(a)(1),
the employing agency of an employee may require the em-
ployee to provide—
‘‘(1) a written statement describing the domes-
tic violence and its effects;
‘‘(2) documentation of the domestic violence in-
volved, such as a police or court record, or docu-
mentation from a shelter worker, an employee of a
domestic violence program, an attorney, a member
of the clergy, or a medical or other professional,
from whom the employee has sought assistance in
addressing domestic violence and its effects; or
‘‘(3) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances that provide the basis for the
claim of domestic violence, or physical evidence of
domestic violence, such as a photograph, torn or
bloody clothing, or other damaged property.
‘‘(g) All evidence provided to the employing agency
under subsection (f) of domestic violence experienced by
an employee or the son, daughter, or parent of an em-
ployee, including a statement of an employee, any other
documentation or corroborating evidence, and the fact
that an employee has requested leave for the purpose of
addressing, or caring for a son, daughter, or parent who
is addressing, domestic violence and its effects, shall be
retained in the strictest confidence by the employing agen-
cy, except to the extent that disclosure is requested, or
consented to, by the employee for the purpose of—
‘‘(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
‘‘(2) assisting in documenting domestic violence
for a court or agency.’’.
(d) TABLE OF SECTIONS.—The table of sections for
chapter 63 of title 5, United States Code, is amended by
striking the item relating to section 6383 and inserting
the following:
‘‘6383. Certification; confidentiality.’’.
SEC. 533. EXISTING LEAVE USABLE FOR DOMESTIC VIO-
LENCE.
(a) DEFINITIONS.—In this section:
(1) ADDRESSING DOMESTIC VIOLENCE AND ITS
EFFECTS.—The term ‘‘addressing domestic violence
and its effects’’ has the meaning given the term in
section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611), as amended in section
531(a).
(2) EMPLOYEE.—The term ‘‘employee’’ means
any person employed by an employer. In the case of
an individual employed by a public agency, such
term means an individual employed as described in
section 3(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(e)).
(3) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting
commerce who employs individuals, if such per-
son is also subject to the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) or
to any provision of a State or local law, collec-
tive bargaining agreement, or employment bene-
fits program or plan, addressing paid or unpaid
leave from employment (including family, med-
ical, sick, annual, personal, or similar leave);
and
(B) includes any person acting directly or
indirectly in the interest of an employer in rela-
tion to any employee, and includes a public
agency, who is subject to a law, agreement, pro-
gram, or plan described in subparagraph (A),
but does not include any labor organization
(other than when acting as an employer) or
anyone acting in the capacity of officer or agent
of such labor organization.
(4) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ has the meaning given the term
in section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611).
(5) PARENT; SON OR DAUGHTER.—The terms
‘‘parent’’ and ‘‘son or daughter’’ have the meanings
given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
(6) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(b) USE OF EXISTING LEAVE.—An employee who is
entitled to take paid or unpaid leave (including family,
medical, sick, annual, personal, or similar leave) from em-
ployment, pursuant to State or local law, a collective bar-
gaining agreement, or an employment benefits program or
plan, shall be permitted to use such leave for the purpose
of addressing domestic violence and its effects, or for the
purpose of caring for a son or daughter or parent of the
employee, if such son or daughter or parent is addressing
domestic violence and its effects.
(c) CERTIFICATION.—In determining whether an em-
ployee qualifies to use leave as described in subsection (b),
an employer may require a written statement, documenta-
tion of domestic violence, or corroborating evidence con-
sistent with section 103(f) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613(f)), as amended by
section 531(c).
(d) CONFIDENTIALITY.—All evidence provided to the
employer under subsection (c) of domestic violence experi-
enced by an employee or the son or daughter or parent
of the employee, including a statement of an employee,
any other documentation or corroborating evidence, and
the fact that an employee has requested leave for the pur-
pose of addressing, or caring for a son or daughter or par-
ent who is addressing, domestic violence and its effects,
shall be retained in the strictest confidence by the em-
ployer, except to the extent that disclosure is requested,
or consented to, by the employee for the purpose of—
(1) protecting the safety of the employee or a
family member or co-worker of the employee; or
(2) assisting in documenting domestic violence
for a court or agency.
(e) PROHIBITED ACTS.—
(1) INTERFERENCE WITH RIGHTS.—
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to
exercise, any right provided under this section.
(B) DISCRIMINATION.—It shall be unlaw-
ful for any employer to discharge or in any
other manner discriminate against an individual
for opposing any practice made unlawful by this
section.
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate against
any individual because such individual—
(A) has filed any charge, or had instituted
or caused to be instituted any proceeding,
under or related to this section;
(B) has given, or is about to give, any in-
formation in connection with any inquiry or
proceeding relating to any right provided under
this section; or
(C) has testified, or is about to testify, in
any inquiry or proceeding relating to any right
provided under this section.
(f) ENFORCEMENT.—
(1) PUBLIC ENFORCEMENT.—The Secretary of
Labor shall have the powers set forth in subsections
(b), (c), (d), and (e) of section 107 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2617)
for the purpose of public agency enforcement of any
alleged violation of subsection (e) against any em-
ployer.
(2) PRIVATE
ENFORCEMENT.—The remedies
and procedures set forth in section 107(a) of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2617(a)) shall be the remedies and procedures pur-
suant to which an employee may initiate a legal ac-
tion against an employer for alleged violations of
subsection (e).
(3) REFERENCES.—For purposes of paragraph
(1) and (2), references in section 107 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2617) to
section 105 of such Act (29 U.S.C. 2615) shall be
considered to be references to subsection (e).
(4) 
EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other Federal
or State law, including a law providing for a legal
remedy.
Subtitle D—Federal Employees
Paid Parental Leave
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Employees
Paid Parental Leave Act of 2003’’.
SEC. 542. DEMONSTRATION PROJECT.
Subchapter V of chapter 63 of title 5, United States
Code, is amended—
(1) by redesignating section 6387 as section
6388; and
(2) by inserting after section 6386 the fol-
lowing:
‘‘§ 6387. Paid leave demonstration project
‘‘(a) The Office of Personnel Management may,
through an agreement or contract with 1 or more employ-
ing agencies described in subsection (b), conduct under
section 4703 a demonstration project that assists families
by providing paid leave for eligible individuals who are re-
sponding to—
‘‘(1) caregiving needs resulting from the birth
or adoption of a son or daughter; or
‘‘(2) other family caregiving needs.
‘‘(b) In carrying out a project under this section, an
employing agency of 1 or more employees shall provide
partial or full paid leave to eligible individuals for not less
than 6 weeks during a period of leave, or an absence from
employment, described in subsection (c)(2), during any
12-month period. Paid leave available to an individual
under this subsection shall be in addition to any annual
or sick leave that the individual may elect to use during
a period of leave, or an absence from employment, de-
scribed in subsection (c)(2), during any 12-month period.
‘‘(c) To be eligible to receive paid leave under sub-
section (a), an individual shall—
‘‘(1) be an employee who meets such eligibility
criteria as the Office of Personnel Management may
specify in a plan described in section 4703(b); and
‘‘(2) be—
‘‘(A) an individual who is taking leave,
under this subchapter, or other Federal law, for
a reason described in subparagraph (A) or (B)
of section 6382(a)(1);
‘‘(B) at the option of the Office of Per-
sonnel Management, an individual who—
‘‘(i) is taking leave, under this sub-
chapter, or other Federal law, for a reason
described in subparagraph (C), (D), (E),
or (F) of section 6382(a)(1); or
‘‘(ii) leaves employment, and has an
absence from employment, because the in-
dividual has elected to care for a son or
daughter under age 1; or
‘‘(C) at the option of the Office of Per-
sonnel Management, an individual who has an
absence from employment and has other char-
acteristics specified by the Office of Personnel
Management in a plan described in section
4703(b).
‘‘(d) An employing agency that provides partial or
full paid leave to an eligible individual under this section
shall notify (in a form and manner prescribed by the Of-
fice of Personnel Management) the individual that the em-
ploying agency shall count an appropriate period of leave,
calculated under section 6382(f), against the total amount
of leave (if any) to which the employee is entitled under
section 6382(a)(1).
‘‘(e)(1) A demonstration project conducted under this
section shall not be counted toward the 10-project limit
established in section 4703(d)(2).
‘‘(2) The Office of Personnel Management may pro-
vide a waiver for the demonstration project in accordance
with section 4703, except that section 4703(c)(1) shall not
apply to such a waiver.
‘‘(f)(1) There are authorized to be appropriated to
carry out this section $400,000,000 for fiscal year 2004
and such sums as may be necessary for each subsequent
fiscal year.
‘‘(2) Funds appropriated under paragraph (1) may
be allocated as described in section 4704.’’.
SEC. 543. TECHNICAL AND CONFORMING AMENDMENTS.
(a) IN GENERAL.—Section 6382 of title 5, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(f)(1) If an employing agency provides an amount
of full paid leave to an employee for a period under section
6387, the employing agency shall count an amount of
leave, equal to that period, against the total amount of
leave (if any) to which the employee is entitled under sub-
section (a)(1).
‘‘(2) If an employing agency provides an amount of
partial paid leave to an employee for a period under sec-
tion 6387, the employing agency shall—
‘‘(A) total the amount of partial paid leave
provided for that period;
‘‘(B) convert the total into a corresponding
amount of full paid leave provided for a propor-
tionately reduced period; and
‘‘(C) count an amount of leave, equal to
the period described in subparagraph (B),
against the total amount of leave (if any) to
which the employee is entitled under subsection
(a)(1).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 6382 of title 5, United States Code, is amended—
(1) in subsection (c), by striking ‘‘(d),’’ and in-
serting ‘‘(d) or section 6387,’’; and
(2) in subsection (d), by inserting ‘‘any unpaid’’
after ‘‘substitute for’’.
(c) TABLE OF SECTIONS.—The table of sections for
chapter 63 of title 5, United States Code, is amended by
striking the item relating to section 6387 and inserting
the following:
‘‘6387. Paid leave demonstration project.
‘‘6388. Regulations.’’.
SEC. 544. EFFECTIVE DATE.
The amendments made by this subtitle shall not be
effective with respect to any birth or placement occurring
before the end of the 6-month period beginning on the
date of enactment of this Act.
Subtitle E—Time for Schools
SEC. 551. SHORT TITLE.
This subtitle may be cited as the ‘‘Time for Schools
Act of 2003’’.
SEC. 552. GENERAL REQUIREMENTS FOR LEAVE.
(a) ENTITLEMENT TO LEAVE.—Section 102(a) of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)) is amended by adding at the end the following:
‘‘(3) ENTITLEMENT TO SCHOOL INVOLVEMENT
LEAVE.—
‘‘(A) IN
GENERAL.—Subject to section
103(h), an eligible employee shall be entitled to
a total of 24 hours of leave during any 12-
month period to participate in an academic ac-
tivity of a school of a son or daughter of the
employee, such as a parent-teacher conference
or an interview for a school, or to participate in
literacy training under a family literacy pro-
gram.
‘‘(B) DEFINITIONS.—In this paragraph: