I 
113TH CONGRESS 
1ST SESSION H. R. 3712 
To provide paid family and medical leave benefits to certain individuals, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2013 
Ms. DELAURO (for herself, Ms. WILSON of Florida, Ms. MOORE, Mr. CARSON 
of Indiana, Ms. BROWN of Florida, Mr. LANGEVIN, Ms. ESHOO, Ms. LEE 
of California, Mr. MORAN, Ms. MCCOLLUM, Ms. SCHAKOWSKY, Mr. 
SWALWELL of California, Mr. GEORGE MILLER of California, Ms. 
FUDGE, Mr. BLUMENAUER, Mr. DEUTCH, Mr. CA´RDENAS, Mr. JOHNSON 
of Georgia, Mr. LEWIS, Ms. ROYBAL-ALLARD, Ms. SHEA-PORTER, Mr. 
PAYNE, Mr. HUFFMAN, Mrs. CAROLYN B. MALONEY of New York, Ms. 
NORTON, Ms. JACKSON LEE, Mr. RANGEL, Ms. EDWARDS, Mr. BRADY 
of Pennsylvania, Mrs. LOWEY, Mr. MCGOVERN, Mr. HASTINGS of Flor-
ida, Mr. BARBER, Ms. CASTOR of Florida, Ms. LOFGREN, Mr. PALLONE, 
Ms. MENG, Mr. TAKANO, Mr. POLIS, and Ms. MATSUI) introduced the 
following bill; which was referred to the Committee on Ways and Means 
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 of 2013’’. 
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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 12 percent of workers in the 
United States have access to paid family leave 
through their employers, and fewer than 40 percent 
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 
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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 12 percent of all workers had access 
to paid family leave in 2012 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 
$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. 
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(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 
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 
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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. 
(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 doubled since the program’s im-
plementation. 
(12) Paid family and medical leave promotes 
families’ financial security and independence, in-
creases worker retention, and promotes savings for 
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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. 
(14) A social insurance model of providing paid 
family leave pioneered by the states of California 
and New Jersey has worked well for workers, their 
families, and employers. Between 2004 and 2012, 
Californians took more than 1.4 million leaves to 
care for a family member or bond with a new child. 
Between 2009 and 2012, more than 100,000 New 
Jersey workers filed eligible claims for family leave. 
The overwhelming majority of California employers 
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report that the program had a positive or neutral ef-
fect on their business. Researchers conclude that 
some employers experienced cost savings by coordi-
nating their own benefits with those offered through 
the State paid family leave program. 
(15) 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 
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. 
(16) 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. 
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(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 
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-
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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. 
(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-
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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. 
(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-
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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. 
(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; 
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(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-
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 
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(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 
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, 
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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-
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 
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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— 
(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 2013. 
(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 
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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-
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. 
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(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))). 
(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-
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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— 
(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 
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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 
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. 
(f) 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 
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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)). 
(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. 
(g) 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 
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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 
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. 
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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-
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. 
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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. 
(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 
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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. 
SEC. 10. CONFORMING AMENDMENTS. 
(a) INTERNAL REVENUE CODE AMENDMENTS.—Sec-
tion 6413(c) of the Internal Revenue Code of 1986 is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘, section 3101(c),’’ after 
‘‘by section 3101(a)’’; and 
(B) by striking ‘‘both’’ and inserting 
‘‘each’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (B)— 
(i) by inserting ‘‘or 3101(c)’’ after 
‘‘3101(a)’’ each place it appears; and 
(ii) by inserting ‘‘or 235’’ after ‘‘218’’ 
each place it appears; and 
(B) in subparagraph (C), by inserting ‘‘or 
3101(c)’’ after ‘‘3101(a)’’ each place it appears. 
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