I 
111TH CONGRESS 
1ST SESSION H. R. 3047 
To improve the lives of working families by providing family and medical 
need assistance, child care assistance, in-school and afterschool assist-
ance, family care assistance, and encouraging the establishment of family- 
friendly workplaces. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2009 
Ms. WOOLSEY (for herself, Mr. HARE, Ms. DELAURO, Ms. LEE of California, 
Mr. OLVER, Mr. SERRANO, Mr. BISHOP of New York, Mr. ELLISON, Mr. 
STARK, Ms. ZOE LOFGREN of California, Mrs. MALONEY, Ms. JACKSON- 
LEE of Texas, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. 
KUCINICH, Mr. HINCHEY, Mr. KILDEE, Mr. PAYNE, Ms. WATSON, Mr. 
GRIJALVA, 
Mr. 
FARR, 
Ms. 
SCHAKOWSKY, 
Ms. 
WATERS, 
Mr. 
MCDERMOTT, Ms. HIRONO, and Mr. HONDA) introduced the following 
bill; which was referred to the Committee on Education and Labor, and 
in addition to the Committees on Oversight and Government Reform, 
Armed Services, Ways and Means, and House Administration, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To improve the lives of working families by providing family 
and medical need assistance, child care assistance, in- 
school and afterschool assistance, family care assistance, 
and encouraging the establishment of family-friendly 
workplaces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Balancing Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—PAID LEAVE FOR NEW PARENTS AND FAMILY AND 
MEDICAL LEAVE ENHANCEMENT ACT OF 2009 
Subtitle A—Paid Leave for New Parents 
Sec. 101. Short title. 
Sec. 102. General definitions. 
PART 1—FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM 
Sec. 111. Program definitions. 
Sec. 112. Establishment of program. 
Sec. 113. Program benefits. 
Sec. 114. Voluntary employer plan. 
Sec. 115. Additional benefits. 
Sec. 116. Prohibited acts by employer. 
Sec. 117. Enforcement. 
Sec. 118. Penalties. 
Sec. 119. Education programs. 
Sec. 120. Regulations. 
Sec. 121. Effective date. 
PART 2—CIVIL SERVICE FAMILY AND MEDICAL LEAVE INSURANCE 
PROGRAM 
Sec. 131. Program definitions. 
Sec. 132. Establishment of program. 
PART 3—FAMILY AND MEDICAL LEAVE INSURANCE FUND 
Sec. 141. Establishment. 
Sec. 142. Board of trustees. 
Sec. 143. Investment of the Family and Medical Leave Insurance Fund. 
Sec. 144. Payments from Family and Medical Leave Insurance Fund. 
Sec. 145. Administrative expenses. 
Sec. 146. Amendments to the Internal Revenue Code of 1986. 
Subtitle B—Family and Medical Leave Enhancement Act of 2009 
Sec. 151. Short title. 
Sec. 152. Eligible employee. 
Sec. 153. Entitlement to additional leave under the FMLA for parental involve-
ment and family wellness. 
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Sec. 154. Entitlement of Federal employees to leave for parental involvement 
and family wellness. 
Subtitle C—Domestic Violence Leave Act 
Sec. 161. Short title. 
Sec. 162. Entitlement to leave for domestic violence, sexual assault, or stalking. 
Sec. 163. Inclusion of same-sex spouses and domestic partners. 
Sec. 164. Entitlement to leave for Federal employees for domestic violence, sex-
ual assault, or stalking. 
Sec. 165. Inclusion of same-sex spouses and domestic partners for leave for 
Federal employees. 
Subtitle D—Healthy Families Act 
Sec. 171. Short title. 
Sec. 172. Purposes. 
Sec. 173. Definitions. 
Sec. 174. Provision of paid sick time. 
Sec. 175. Posting requirement. 
Sec. 176. Prohibited acts. 
Sec. 177. Enforcement authority. 
Sec. 178. Collection of data on paid sick time and further study. 
Sec. 179. Effect on other laws. 
Sec. 180. Effect on existing employment benefits. 
Sec. 181. Encouragement of more generous leave policies. 
Sec. 182. Regulations. 
Sec. 183. Effective dates. 
Subtitle E—Family and Medical Leave Enhancement Act of 2009 
Sec. 191. Short title. 
Sec. 192. Eligible employee. 
Sec. 193. Entitlement to additional leave under the FMLA for parental involve-
ment and family wellness. 
Sec. 194. Entitlement of Federal employees to leave for parental involvement 
and family wellness. 
TITLE II—CHILD CARE EXPANSION AND IMPROVEMENT 
Subtitle A—Education Begins at Home 
Sec. 201. Short title. 
Sec. 202. Purposes. 
Sec. 203. Definitions. 
Sec. 204. Grants for early childhood home visitation. 
Sec. 205. Targeted grants for early childhood home visitation for families with 
English language learners. 
Sec. 206. Targeted grants for early childhood home visitation for military fami-
lies. 
Sec. 207. Evaluation. 
Sec. 208. Reports to Congress. 
Sec. 209. Supporting new parents through hospital education. 
Subtitle B—Care for Young Children 
Sec. 215. Expanding child care for young children. 
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Subtitle C—Improving Child Care Quality Through Teacher Incentives 
Sec. 221. Purpose. 
Sec. 222. Definitions. 
Sec. 223. Funds for child care provider development and retention grants, 
scholarships, and health benefits coverage. 
Sec. 224. Allotments to States. 
Sec. 225. Application and plan. 
Sec. 226. Child Care Provider Development and Retention Grant Program. 
Sec. 227. Child Care Provider Scholarship Program. 
Sec. 228. Child care provider health benefits coverage. 
Sec. 229. Annual report. 
Sec. 230. Evaluation of health benefits programs by Secretary. 
Sec. 231. Authorization of appropriations. 
Subtitle D—Child Care Facilities Financing 
Sec. 241. Short title. 
Sec. 242. Technical and financial assistance grants. 
Sec. 243. Definitions. 
Sec. 244. Authorization of appropriations. 
Subtitle E—Business Child Care Incentive Grant Program 
Sec. 251. Business child care incentive grant program. 
TITLE III—PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL 
ASSISTANCE 
Subtitle A—Universal Prekindergarten Act 
Sec. 301. Short title. 
Sec. 302. Purpose. 
Sec. 303. Prekindergarten grant program authorization. 
Sec. 304. State requirements. 
Sec. 305. Local requirements. 
Sec. 306. Professional development set-aside. 
Sec. 307. Reporting. 
Sec. 308. Federal funds supplementary. 
Sec. 309. Definitions. 
Sec. 310. Authorization of appropriations. 
Subtitle B—Universal Free School Breakfast Program 
Sec. 311. Universal free school breakfast program. 
Subtitle C—Free Lunch Eligibility 
Sec. 321. Free lunch eligibility. 
Subtitle D—Child and Adult Care Food Program 
Sec. 331. Reimbursements for afterschool dinners. 
Subtitle E—Afterschool Education Enhancement Act 
Sec. 341. Short title. 
Sec. 342. Amendments regarding 21st Century community learning centers. 
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TITLE IV—IMPROVING THE WORKPLACE FOR FAMILIES 
Subtitle A—Part-Time and Temporary Workers Benefits 
Sec. 401. Treatment of employees working at less than full-time under partici-
pation, vesting, and accrual rules governing pension plans. 
Sec. 402. Treatment of employees working at less than full-time under group 
health plans. 
Sec. 403. Expansion of definition of employee to include certain individuals 
whose services are leased or contracted for. 
Sec. 404. Effective dates. 
Subtitle B—United States Business Telework Act 
Sec. 411. Short title. 
Sec. 412. Telework pilot program. 
Sec. 413. Report to Congress. 
Sec. 414. Definition. 
Sec. 415. Termination. 
Sec. 416. Authorization of appropriations. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Currently in 2⁄3 of married families with 
children in the United States, both parents work 
full-time. Seventy-one percent of mothers with chil-
dren under age 18 work full-time, and another 29 
percent work part-time. 
(2) The National Study of the Changing Work-
force found that 70 percent of employed parents in-
dicated that they don’t have enough time with their 
children. 
(3)(A) A survey conducted by the Boys and 
Girls Clubs of America found that more than half of 
the respondents indicated that they had little or no 
time to spend in physical activities with their chil-
dren. 
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(B) Parents in 3,500,000 households, rep-
resenting 7,000,000 children, spend an hour or less 
a week doing physical activities with their children. 
(C) The primary obstacle cited by the parents 
to engaging in physical activities with their children 
was their work schedules. 
(4) Nearly 2⁄3 of employees who need to take 
family or medical leave do not take such leave be-
cause they cannot afford to forgo the pay. 
(5) Nearly every industrialized nation other 
than the United States, and most developing na-
tions, provides parents with paid leave for infant 
care. 
(6) In the United States, more than half of all 
mothers of children under the age of one now work. 
Yet parents of infants and toddlers face acute prob-
lems finding child care, and child care that is avail-
able is often of mediocre quality. 
(7) The cost of child care averages $4,000 to 
$6,000 per year in the United States, and families 
with younger children or with more than one child 
face even greater costs. For example, the average 
annual cost of child care for a 4-year-old in an 
urban area center is more than the average annual 
cost of public college tuition in all but one State. 
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(8) The average annual child care teacher sal-
ary is $15,430, a wage so low that many programs 
find it extremely challenging to recruit fully qualified 
teachers and to retain them. High turnover rates 
make it more difficult to provide quality and con-
tinuity of care. 
(9) Only 12 percent of eligible children receive 
child care assistance through the Child Care Devel-
opment Block Grant, and only about 3 out of 5 eligi-
ble preschoolers are able to participate in the Head 
Start program. 
(10) Among needy students, school nutrition 
programs often provide the primary opportunity for 
consumption of nutritionally valuable foods. 
(11) Breakfast is a critical meal for children 
and provides the nutrition necessary to optimize 
their learning capacities. 
(12) According to the Bureau of the Census, 
nearly 7,000,000 children in the United States are 
left alone after school each week without adult su-
pervision or structured activities of any kind. 
(13) Violent juvenile crime peaks between the 
hours of 3:00 p.m. and 7:00 p.m. and teens are 
more likely to be victims of serious violent crime in 
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the hour after school lets out than any other time 
of the day. 
(14) The Nation’s communities can benefit 
from teleworking, which give workers more time to 
spend at home with their families. 
(15) Companies with telework programs have 
found that telework can boost employee productivity 
5 percent to 20 percent, thereby saving businesses 
valuable resources and time. 
(16) More United States families are working 
more hours than ever. In 2000, the average Amer-
ican worker worked 36 hours more, almost a full 
week, than in 1990. A recent AFL–CIO poll found 
that nearly three-quarters of working adults indi-
cated that they have little or no control over their 
work schedules. 
(17) The AFL–CIO’s ‘‘Ask a Working Woman’’ 
survey for 2002 reported that 63 percent of working 
women work more than 40 hours a week, 30 percent 
of working women work 20 to 39 hours a week, and 
7 percent of working women work less than 20 
hours a week. 
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TITLE I—PAID LEAVE FOR NEW 
PARENTS AND FAMILY AND 
MEDICAL LEAVE ENHANCE-
MENT ACT OF 2009 
Subtitle A—Paid Leave for New 
Parents 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Family Leave In-
surance Act of 2009’’. 
SEC. 102. GENERAL DEFINITIONS. 
(a) IN GENERAL.—The definitions provided by sec-
tion 101 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611), other than the definitions of the terms 
‘‘son or daughter’’, shall apply for purposes of this sub-
title. 
(b) ADDITIONAL DEFINITIONS.—In this subtitle, the 
following additional definitions shall apply: 
(1) BOARD OF TRUSTEES.—The term ‘‘Board 
of Trustees’’ means the Board of Trustees of the In-
surance Fund. 
(2) COVERED
AGENCY.—The term ‘‘covered 
agency’’, when used with respect to a State, means 
the State agency referred to in paragraph (1) of sec-
tion 112(b), or the Commissioner of Social Security 
if the Commissioner is carrying out the State Family 
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and Medical Insurance Program in the State under 
paragraph (2) of such section. 
(3) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means— 
(A) the person recognized as the domestic 
partner of the employee under any domestic 
partner registry or civil union laws of the State 
or political subdivision of a State where the em-
ployee resides; 
(B) a same-sex spouse as determined 
under the applicable law of the State or polit-
ical subdivision of a State where the employee 
resides; or 
(C) in the case of an unmarried employee 
who lives in a State where a person cannot 
marry a person of the same sex under the laws 
of the State, a single, unmarried adult person 
of the same sex as the employee who is in a 
committed, intimate relationship with the em-
ployee, is not a domestic partner to any other 
person, and who is designated to the employer 
by such employee as that employee’s domestic 
partner. 
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(4) INSURANCE FUND.—The term ‘‘Insurance 
Fund’’ means the Family and Medical Leave Insur-
ance Fund established under section 141. 
(5) MANAGING
TRUSTEE.—The term ‘‘Man-
aging Trustee’’ means the Managing Trustee of the 
Board of Trustees of the Insurance Fund. 
(6) SON
OR
DAUGHTER.—The term ‘‘son or 
daughter’’ means a biological, adopted, or foster 
child, a stepchild, a legal ward, a child of a person’s 
domestic partner, or a child of a person standing in 
loco parentis, who is— 
(A) under 18 years of age; or 
(B) 18 years of age or older and incapable 
of self-care because of a mental or physical dis-
ability. 
PART 1—FAMILY AND MEDICAL LEAVE 
INSURANCE PROGRAM 
SEC. 111. PROGRAM DEFINITIONS. 
In this part: 
(1) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 
employee’’ means any of the following: 
(A) An employee who— 
(i) earned wages with a covered em-
ployer for a minimum of 6 months prior to 
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filing an application for leave benefits 
under this part; and 
(ii) has been employed by the em-
ployer with respect to whom paid leave is 
requested for at least 625 hours of service 
during the previous 6 months. 
(B) An employee— 
(i) of a small employer that has elect-
ed to participate in the Program under 
this part in accordance with such regula-
tions as the Secretary shall prescribe; and 
(ii) who meets the requirements of 
subparagraph (A), but is not an employee 
of the Federal Government. 
(C) A self-employed individual who has— 
(i) elected to participate in the Pro-
gram under this part in accordance with 
such regulations as the Secretary shall pre-
scribe; 
(ii) self-employment income while a 
covered employer for 6 of the last 12 
months prior to filing an application for 
leave benefits under this part; and 
(iii) paid premiums under section 
1401(c) of the Internal Revenue Code of 
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1986 with respect to such self-employment 
income. 
(2) EMPLOYER-RELATED DEFINITIONS.— 
(A) 
COVERED
EMPLOYER.—The 
term 
‘‘covered employer’’ means a person— 
(i) that is— 
(I) an employer; 
(II) a small employer that has 
elected to participate in the Program 
under this part in accordance with 
such regulations as the Secretary shall 
prescribe; or 
(III) a self-employed individual 
who has elected to so participate; and 
(ii) that is not a voluntary plan em-
ployer. 
(B) EMPLOYER.—The term ‘‘employer’’ 
shall have the meaning given that term in sec-
tion 101(4) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611(4)), except that 
such term shall include any person who employs 
2 or more employees for each working day dur-
ing each of 20 or more calendar workweeks in 
the current or preceding calendar year. 
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(C) SMALL EMPLOYER.—The term ‘‘small 
employer’’— 
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs not less than 2 
and not more than 19 employees for each 
working day during each of 20 or more 
calendar workweeks in the current or pre-
ceding calendar year; and 
(ii) includes— 
(I) any person who acts, directly 
or indirectly, in the interest of an em-
ployer described in clause (i) to any of 
the employees of such employer; 
(II) any successor in interest of 
an employer described in clause (i); 
and 
(III) any public agency, as de-
fined in section 3(x) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
203(x)) that is an employer described 
in clause (i) but is not an entity of the 
Federal Government. 
(D) VOLUNTARY
PLAN
EMPLOYER.—The 
term ‘‘voluntary plan employer’’ means an em-
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ployer for which the Secretary has approved a 
voluntary plan under section 114 for the period 
involved. 
(3) LEAVE BENEFIT.—The term ‘‘leave benefit’’ 
means a family and medical leave insurance benefit 
described in section 113. 
(4) VOLUNTARY
PAID
BENEFIT.—The term 
‘‘voluntary paid benefit’’ means a family and medical 
leave insurance benefit provided under a voluntary 
plan approved under section 114 for the period in-
volved. 
SEC. 112. ESTABLISHMENT OF PROGRAM. 
(a) FEDERAL PROGRAM.—The Secretary of Labor 
shall establish a Family and Medical Insurance Program. 
(b) STATE PROGRAMS.—In carrying out the Federal 
Program established under subsection (a), the Secretary 
may— 
(1) enter into a contract with a State under 
which— 
(A) the State agrees to establish, or ex-
pand a State program in effect at the date of 
the enactment of this Act to include, a State 
Family and Medical Insurance Program that 
provides the benefits described in this part; and 
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(B) the Secretary agrees to instruct the 
Managing Trustee of the Family and Medical 
Leave Insurance Fund, established under sec-
tion 141, to provide the State funds for such 
benefits from the Insurance Fund; or 
(2) at the request of the Governor of a State, 
enter into an interagency agreement with the Com-
missioner of Social Security under which— 
(A) the Commissioner of Social Security 
agrees to establish a State Family and Medical 
Insurance Program in such State to provide the 
benefits described in this part in such State; 
and 
(B) the Secretary agrees to instruct the 
Managing Trustee of the Insurance Fund to 
provide the Commissioner of Social Security 
funds for such benefits from the Insurance 
Fund. 
(c) STATE APPLICATION.—To be eligible to receive 
a contract under subsection (b)(1), a State shall submit 
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may 
require. At a minimum, the application shall include infor-
mation identifying the State agency to carry out the State 
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Family and Medical Insurance Program under subsection 
(b)(1). 
SEC. 113. PROGRAM BENEFITS. 
(a) ENTITLEMENT.—Subject to subsections (b), (d), 
and (e), an eligible employee of a covered employer shall 
be entitled to a family and medical leave insurance benefit 
for a total of 12 workweeks of leave during any 12-month 
period for 1 or more of the following reasons: 
(1) Because of the birth of a son or daughter 
of the employee and in order to care for such son 
or daughter. 
(2) Because of the placement of a son or 
daughter with the employee for adoption or foster 
care. 
(3) In order to care for a child, parent, spouse, 
domestic partner, grandchild, grandparent, or sibling 
of the employee and who has a serious health condi-
tion. 
(4) Because of a serious health condition that 
makes the employee unable to perform the functions 
of the position of such employee. 
(5) Because of any qualifying exigency (as the 
Secretary of Labor shall, by regulation, determine) 
arising out of the fact that the spouse, or a son, 
daughter, or parent of the employee is on active 
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duty (or has been notified of an impending call or 
order to active duty) in the Armed Forces of the 
United States in support of a contingency operation. 
(6) In order to care for a child, parent, spouse, 
domestic partner, grandchild, grandparent, sibling, 
or next of kin of the employee who is a covered serv-
icemember as such term is defined in section 
101(16) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611(16)). 
(b) WAITING PERIOD.—During each 12-month pe-
riod described in subsection (a), each eligible employee 
shall be subject to a waiting period of 5 workdays of leave 
described in subsection (a) (but not more than 7 calendar 
days), during which a leave benefit shall not be paid to 
the employee. The waiting period shall not reduce the 12 
workweeks of leave benefits available under subsection (a). 
(c) BENEFIT AMOUNT.— 
(1) IN GENERAL.—Subject to paragraph (2), an 
eligible employee’s leave benefit for any workday on 
which the employee takes leave as described in sub-
section (a) shall be calculated as— 
(A) in the case of an employee with an an-
nual income of not more than $20,000, an 
amount equal to 100 percent of that employee’s 
daily earnings; 
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(B) in the case of an employee with an an-
nual income of more than $20,000 and not 
more than $30,000, an amount equal to the 
greater of— 
(i) 75 percent of that employee’s daily 
earnings; or 
(ii) 100 percent of the daily earnings 
of an employee with an annual income of 
$20,000; 
(C) in the case of an employee with an an-
nual income of more than $30,000 and not 
more than $60,000, an amount equal to the 
greater of— 
(i) 55 percent of that employee’s daily 
earnings; or 
(ii) 75 percent of the daily earnings of 
an employee with an annual income of 
$30,000; 
(D) in the case of an employee with an an-
nual income of more than $60,000 and not 
more than $97,000, an amount equal to the 
greater of— 
(i) 40 percent of that employee’s daily 
earnings; or 
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(ii) 55 percent of the daily earnings of 
an employee with an annual income of 
$60,000; and 
(E) in the case of an employee with an an-
nual income of more than $97,000, an amount 
equal to 40 percent of the daily earnings of an 
employee with an annual income of $97,000. 
(2) INDEXING
OF
ANNUAL
INCOME
CAT-
EGORIES.— 
(A) IN
GENERAL.—The Secretary shall 
index the annual income amounts specified in 
paragraph (1) for each calendar year, using the 
national average wage index, as determined 
under section 209(k) of the Social Security Act 
(42 U.S.C. 409(k)). 
(B) PUBLICATION.—Not later than the 
November 1 preceding each calendar year, the 
Secretary shall publish in the Federal Register 
the indexed amount determined under subpara-
graph (A) for that calendar year. 
(d) APPLICATION.— 
(1) IN GENERAL.—To be eligible to receive a 
family and medical insurance benefit under this part 
in a State, an eligible employee shall submit an ap-
plication to the covered agency for the State at such 
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time, in such manner, and containing the informa-
tion specified in paragraph (3) and such additional 
information as the agency may require. 
(2) IRREVOCABILITY FOR SELF-EMPLOYED IN-
DIVIDUALS.—An election by a self-employed indi-
vidual to participate in the Program shall be irrev-
ocable. 
(3) CERTIFICATION REQUIREMENTS.—The cov-
ered agency shall require each of the following, as 
part of the application for benefits under this section 
in connection with any leave: 
(A) A certification, submitted in a timely 
manner, issued by the health care provider of 
the eligible employee or of the child, spouse, 
parent, domestic partner, grandchild, grand-
parent or sibling of the employee, as appro-
priate, and similar to the certification described 
section 103(b) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2613(b)) in connection 
with such leave. 
(B) In any case in which the covered agen-
cy has reason to doubt the validity of the cer-
tification provided under subparagraph (A), the 
Secretary may require, at the expense of the 
covered agency, that the eligible employee ob-
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tain the opinion of a second health care pro-
vider designated or approved by the agency con-
cerning any information certified under sub-
paragraph (A). 
(C) In any case in which the second opin-
ion described in subparagraph (B) differs from 
the opinion in the original certification provided 
under subparagraph (A), the covered agency 
may require, at the expense of the agency, that 
the employee obtain the opinion of a third 
health care provider designated or approved 
jointly by the agency and the employee con-
cerning the information certified under sub-
paragraph (A). The opinion of the third health 
care provider concerning such information shall 
be considered to be final and shall be binding 
on the agency and the employee. 
(e) PAYMENT OF BENEFITS.— 
(1) PAYMENT FROM INSURANCE FUND.—Pay-
ments of benefits required to be made under this 
section shall be made only from the Insurance Fund 
established under section 141. 
(2) CERTIFICATION
AND
PAYMENT.—On the 
final decision of a covered agency or on the final 
judgment of any court of competent jurisdiction pur-
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suant to paragraph (3) that any person is entitled 
to any payment under this section— 
(A) the covered agency shall certify to the 
Managing Trustee of the Board of Trustees of 
the Insurance Fund the name and address of 
the person entitled to receive such payment, the 
amount of such payment, and the time at which 
such payment shall be made; 
(B) the Managing Trustee shall pay the 
certified amount from the Insurance Fund to 
the covered agency; and 
(C) the covered agency shall make the pay-
ment to the person. 
(3) REVIEW.—Any eligible employee dissatisfied 
with any initial determination under this section 
shall be entitled to reconsideration of the determina-
tion, and a hearing on the determination, by the 
Secretary to the same extent as is provided in sec-
tion 205(b) of the Social Security Act (42 U.S.C. 22 
405(b)) and to judicial review of the final decision 
after such hearing as is provided in section 205(g) 
of the Social Security Act (42 U.S.C. 405(g)). 
(4) WITHHOLDING OF CERTIFICATION.—In any 
case in which a review of the covered agency’s deci-
sion is or may be sought under paragraph (3), the 
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covered agency may withhold certification of pay-
ment pending such review. 
(5) OTHER
COMPENSATION.—Except as pro-
vided in section 115, no employee shall be eligible to 
receive paid leave benefits under this part for any 
period during which— 
(A) the employee is receiving worker’s 
compensation or compensation through unem-
ployment insurance in connection with the event 
for which the employee is taking the leave; or 
(B) the employee is receiving paid leave 
benefits from an employer under a voluntary 
employer plan approved under section 114. 
(f) REGULATIONS.—The Secretary shall issue regula-
tions to carry out this section, including the determination 
of benefits for leave taken intermittently or on a reduced 
leave schedule, or for leave taken by a part-time, seasonal, 
or intermittent employee. 
SEC. 114. VOLUNTARY EMPLOYER PLAN. 
(a) IN GENERAL.—Any employer may submit an ap-
plication to the Secretary for approval of a voluntary plan. 
The Secretary may require the employer to resubmit the 
plan for approval on a annual basis. During a period for 
which the Secretary has approved a plan, the applicant 
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shall provide a voluntary paid benefit under the plan rath-
er than participating in the Program. 
(b) APPROVAL.—The Secretary shall approve the vol-
untary plan of the applicant if the Secretary finds each 
of the following with respect to the applicant: 
(1) The rights afforded to the employees cov-
ered under the plan are equal to or greater than the 
rights afforded through the Program. 
(2) The plan has been made available to all of 
the employees of the applicant employed in the 
United States or to all employees at any 1 distinct, 
separate establishment maintained by the applicant 
in the United States. 
(3) A majority of the employees of the employer 
employed in the United States or a majority of the 
employees employed at any one distinct, separate es-
tablishment maintained by the employer in the 
United States have consented to the plan. 
(4) The plan provides for insurance to be issued 
by an admitted disability insurer approved by the 
Secretary or equivalent insurance (which may be 
self-insurance). 
(5) The applicant has consented to the plan and 
has agreed to make the premium contributions re-
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