235
(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 chapter. 
(h) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this chapter 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 
chapter 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 chapter. 
SEC. 2115. NOTIFICATION. 
An eligible entity that provides partial or full wage 
replacement to an eligible individual under this chapter 
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
236
(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 2118, 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. 2116. EVALUATIONS AND REPORTS. 
(a) AVAILABLE FUNDS.—The Secretary shall use not 
more than 2 percent of the funds made available under 
section 2117 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 2114, including con-
ducting—
(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;
237
(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 2114, 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—
238
(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. 2117. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this chapter $400,000,000 for fiscal year 2004 and such 
sums as may be necessary for each subsequent fiscal year. 
SEC. 2118. 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 chapter 1 of the Family and Med-
ical Leave Expansion Act, the employee’s employer 
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 chapter 1 of the Family
239
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’’ and inserting ‘‘for any unpaid leave’’.
CHAPTER 2—FAMILY FRIENDLY 
WORKPLACES 
SEC. 2121. SHORT TITLE. 
This chapter may be cited as the ‘‘Family and Med-
ical Leave Fairness Act of 2003’’.
SEC. 2122. 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.
240
2611(2)(B)(ii) and (4)(A)(i)) are amended by striking 
‘‘50’’ each place it appears and inserting ‘‘25’’. 
CHAPTER 3—EMPLOYMENT PROTECTION 
FOR BATTERED WOMEN 
SEC. 2131. 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;
241
‘‘(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.
242
‘‘(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 amend-
ed—
(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:
243
‘‘(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
244
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. 2132. 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
245
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
246
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
247
‘‘(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.’’.
248
SEC. 2133. 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 by section 
2131(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-
249
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,
250
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 2131(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-
251
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;
252
(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
253
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. 
CHAPTER 4—FEDERAL EMPLOYEES PAID 
PARENTAL LEAVE 
SEC. 2141. SHORT TITLE. 
This chapter may be cited as the ‘‘Federal Employees 
Paid Parental Leave Act of 2003’’. 
SEC. 2142. 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
255
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
256
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. 2143. 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).
257
‘‘(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.’’.
258
SEC. 2144. EFFECTIVE DATE. 
The amendments made by this chapter 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.
CHAPTER 5—TIME FOR SCHOOLS 
SEC. 2151. SHORT TITLE. 
This chapter may be cited as the ‘‘Time for Schools 
Act of 2003’’. 
SEC. 2152. 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:
259
‘‘(i) FAMILY
LITERACY
PROGRAM.—
The term ‘family literacy program’ means 
a program of services that are of sufficient 
intensity in terms of hours, and of suffi-
cient 
duration, 
to 
make 
sustainable 
changes in a family and that integrate all 
of the following activities: 
‘‘(I) Interactive literacy activities 
between parents and their sons and 
daughters. 
‘‘(II) Training for parents on 
how to be the primary teacher for 
their sons and daughters and full 
partners in the education of their sons 
and daughters. 
‘‘(III) Parent literacy training. 
‘‘(IV) An age-appropriate edu-
cation program for sons and daugh-
ters. 
‘‘(ii) LITERACY.—The term ‘literacy’, 
used with respect to an individual, means 
the ability of the individual to speak, read, 
and write English, and compute and solve 
problems, at levels of proficiency nec-
essary—
260
‘‘(I) to function on the job, in the 
family of the individual, and in soci-
ety; 
‘‘(II) to achieve the goals of the 
individual; and 
‘‘(III) to develop the knowledge 
potential of the individual. 
‘‘(iii) SCHOOL.—The term ‘school’ 
means an elementary school or secondary 
school (as such terms are defined in sec-
tion 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)), a Head Start program assisted 
under the Head Start Act (42 U.S.C. 9831 
et seq.), and a child care facility operated 
by a provider who meets the applicable 
State or local government licensing, certifi-
cation, approval, or registration require-
ments, if any. 
‘‘(4) LIMITATION.—No employee may take 
more than a total of 12 workweeks of leave under 
paragraphs (1) and (3) during any 12-month pe-
riod.’’.
(b) SCHEDULE.—Section 102(b)(1) of such Act (29 
U.S.C. 2612(b)(1)) is amended by inserting after the sec-
261
ond sentence the following: ‘‘Leave under subsection 
(a)(3) may be taken intermittently or on a reduced leave 
schedule.’’. 
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section 
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 
amended by inserting before the period the following: ‘‘, 
or for leave provided under subsection (a)(3) for any part 
of the 24-hour period of such leave under such sub-
section’’.
(d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 
2612(e)) is amended by adding at the end the following: 
‘‘(3) NOTICE
FOR
SCHOOL
INVOLVEMENT 
LEAVE.—In any case in which the necessity for leave 
under subsection (a)(3) is foreseeable, the employee 
shall provide the employer with not less than 7 days’ 
notice, before the date the leave is to begin, of the 
employee’s intention to take leave under such sub-
section. If the necessity for the leave is not foresee-
able, the employee shall provide such notice as is 
practicable.’’. 
(e) CERTIFICATION.—Section 103 of such Act (29 
U.S.C. 2613), as amended by section 2131(c), is further 
amended by adding at the end the following: 
‘‘(h) CERTIFICATION
FOR SCHOOL INVOLVEMENT 
LEAVE.—An employer may require that a request for
262
leave under section 102(a)(3) be supported by a certifi-
cation issued at such time and in such manner as the Sec-
retary may by regulation prescribe.’’. 
SEC. 2153. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERV-
ICE EMPLOYEES. 
(a) ENTITLEMENT TO LEAVE.—Section 6382(a) of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘(3)(A) Subject to section 6383(h), an employee shall 
be entitled to a total of 24 hours of leave during any 12-
month period to participate in an academic activity 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 
program. 
‘‘(B) In this paragraph: 
‘‘(i) The term ‘family literacy program’ means 
a program of services that are of sufficient intensity 
in terms of hours, and of sufficient duration, to 
make sustainable changes in a family and that inte-
grate all of the following activities: 
‘‘(I) Interactive literacy activities between 
parents and their sons and daughters. 
‘‘(II) Training for parents on how to be 
the primary teacher for their sons and daugh-
263
ters and full partners in the education of their 
sons and daughters. 
‘‘(III) Parent literacy training. 
‘‘(IV) An age-appropriate education pro-
gram for sons and daughters. 
‘‘(ii) The term ‘literacy’, used with respect to 
an individual, means the ability of the individual to 
speak, read, and write English, and compute and 
solve problems, at levels of proficiency necessary—
‘‘(I) to function on the job, in the family 
of the individual, and in society; 
‘‘(II) to achieve the goals of the individual; 
and 
‘‘(III) to develop the knowledge potential 
of the individual. 
‘‘(iii) The term ‘school’ means an elementary 
school or secondary school (as such terms are de-
fined in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801)), a 
Head Start program assisted under the Head Start 
Act (42 U.S.C. 9831 et seq.), and a child care facil-
ity operated by a provider who meets the applicable 
State or local government licensing, certification, ap-
proval, or registration requirements, if any.
264
‘‘(4) No employee may take more than a total of 12 
workweeks of leave under paragraphs (1) and (3) during 
any 12-month period.’’. 
(b) SCHEDULE.—Section 6382(b)(1) of such title is 
amended by inserting after the second sentence the fol-
lowing: ‘‘Leave under subsection (a)(3) may be taken 
intermittently or on a reduced leave schedule.’’. 
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section 
6382(d) of such title is amended by inserting before ‘‘, 
except’’ the following: ‘‘, or for leave provided under sub-
section (a)(3) any of the employee’s accrued or accumu-
lated annual leave under subchapter I for any part of the 
24-hour period of such leave under such subsection’’. 
(d) NOTICE.—Section 6382(e) of such title is amend-
ed by adding at the end the following: 
‘‘(3) In any case in which the necessity for leave 
under subsection (a)(3) is foreseeable, the employee shall 
provide the employing agency with not less than 7 days’ 
notice, before the date the leave is to begin, of the employ-
ee’s intention to take leave under such subsection. If the 
necessity for the leave is not foreseeable, the employee 
shall provide such notice as is practicable.’’. 
(e) CERTIFICATION.—Section 6383 of such title, as 
amended by section 2132(c), is further amended by adding 
at the end the following:
265
‘‘(h) An employing agency may require that a request 
for leave under section 6382(a)(3) be supported by a cer-
tification issued at such time and in such manner as the 
Office of Personnel Management may by regulation pre-
scribe.’’. 
SEC. 2154. EFFECTIVE DATE. 
This chapter takes effect 120 days after the date of 
enactment of this Act. 
Subtitle C—Health Care for the 
Uninsured 
SEC. 2201. FAMILYCARE COVERAGE OF PARENTS UNDER 
THE MEDICAID PROGRAM AND TITLE XXI. 
(a) INCENTIVES TO IMPLEMENT FAMILYCARE COV-
ERAGE.—
(1) UNDER MEDICAID.—
(A) ESTABLISHMENT OF NEW OPTIONAL 
ELIGIBILITY
CATEGORY.—Section 
1902(a)(10)(A)(ii) of the Social Security Act 
(42 U.S.C. 1396a(a)(10)(A)(ii)), as amended by 
section 1112(a)(1)(A), is amended—
(i) by striking ‘‘or’’ at the end of sub-
clause (XVIII); 
(ii) by adding ‘‘or’’ at the end of sub-
clause (XIX); and
266
(iii) by adding at the end the fol-
lowing new subclause: 
‘‘(XX) who are parents described 
in subsection (k)(1), but only if the 
State meets the conditions described 
in subsection (k)(2);’’. 
(B) CONDITIONS FOR COVERAGE.—Section 
1902 of such Act is further amended by insert-
ing after subsection (j) the following new sub-
section: 
‘‘(k)(1)(A) Parents described in this paragraph are 
the parents of an individual who is under 19 years of age 
(or such higher age as the State may have elected under 
section 1902(l)(1)(D)) and who is eligible and enrolled for 
medical assistance under subsection (a)(10)(A), if—
‘‘(i) such parents are not otherwise eligible for 
such assistance under such subsection; and 
‘‘(ii) the income of the family that includes such 
parents does not exceed an income level specified by 
the State consistent with paragraph (2)(B). 
‘‘(B) In this subsection, the term ‘parent’ has the 
meaning given the term ‘caretaker’ for purposes of car-
rying out section 1931, and such additional meaning as 
defined by the State and approved by the Secretary.
267
‘‘(2) The conditions for a State to provide medical 
assistance under subsection (a)(10)(A)(ii)(XX) are as fol-
lows: 
‘‘(A) The State has a State child health plan 
under title XXI which (whether implemented under 
such title or under this title)—
‘‘(i) has an income standard (or will estab-
lish an income standard that is effective at the 
time additional allotments are available to the 
State under section 2104(d), as amended by the 
Leave No Child Behind Act of 2003) for chil-
dren that is at least 200 percent of the poverty 
line; and 
‘‘(ii) does not limit the acceptance of appli-
cations, does not use a waiting list for children 
who meet eligibility standards to qualify for as-
sistance, and provides benefits to all children in 
the State who apply for and meet eligibility 
standards. 
‘‘(B) The income level specified under para-
graph (1)(A)(ii) for parents in a family exceeds the 
income level applicable under section 1931 but does 
not exceed the highest income level applicable to a 
child in the family under this title. A State may not
268
cover such parents with higher family income with-
out covering parents with a lower family income. 
‘‘(3) In the case of a parent described in paragraph 
(1) who is also the parent of a child who is eligible and 
enrolled for child health assistance under title XXI, the 
State may elect (on a uniform basis) to cover all such par-
ents under section 2111 or under subsection (a)(10)(A).’’. 
(C) ENHANCED MATCHING FUNDS AVAIL-
ABLE.—Section 1905 of such Act (42 U.S.C. 
1396d) is amended—
(i) in the fourth sentence of sub-
section (b), by striking ‘‘or subsection 
(u)(3)’’ and inserting ‘‘, (u)(3), or (u)(4)’’; 
and 
(ii) in subsection (u)—
(I) by redesignating paragraph 
(4) as paragraph (6), and
(II) by inserting after paragraph 
(3) the following new paragraph: 
‘‘(4) For purposes of subsection (b) and section 
2105(a)(1): 
‘‘(A) FAMILYCARE
PARENTS.—The expendi-
tures described in this subparagraph are the fol-
lowing:
269
‘‘(i) PARENTS.—Expenditures for medical 
assistance made available under section 1931, 
or under section 1902(a)(10)(A)(ii)(XX) for 
parents described in section 1902(k)(1), in a 
family the income of which exceeds the income 
level applicable under such section 1931 to a 
family of the size involved as of January 1, 
2003. 
‘‘(ii) CERTAIN
PREGNANT
WOMEN.—Ex-
penditures for medical assistance for pregnant 
women under section 1902(l)(1)(A) in a family 
the income of which exceeds the income level 
applicable under section 1902(l)(2)(A) to a 
family of the size involved as of January 1, 
2003.’’. 
(D) APPROPRIATION FROM TITLE XXI AL-
LOTMENT FOR CERTAIN MEDICAID EXPANSION 
COSTS.—Section 2105(a)(1)(C) of such Act (42 
U.S.C. 1397ee(a)(1)(C))) is amended by insert-
ing ‘‘and for medical assistance that is attrib-
utable to expenditures described in section 
1905(u)(4)(A)’’ before the semicolon. 
(E) ONLY COUNTING ENHANCED PORTION 
FOR
COVERAGE
OF
ADDITIONAL
PREGNANT
270
WOMEN.—Section 1905 of such Act (42 U.S.C. 
1396d) is amended—
(i) in the fourth sentence of sub-
section (b), by inserting ‘‘(except in the 
case of expenditures described in sub-
section (u)(5))’’ after ‘‘do not exceed’’; 
(ii) in subsection (u), by inserting 
after paragraph (4) (as inserted by sub-
paragraph (C)), the following new para-
graph: 
‘‘(5) For purposes of the fourth sentence of sub-
section (b) and section 2105(a), the following payments 
under this title do not count against a State’s allotment 
under section 2104: 
‘‘(A) REGULAR FMAP FOR EXPENDITURES FOR 
PREGNANT WOMEN WITH INCOME ABOVE JANUARY 
1, 2003 INCOME LEVEL AND BELOW 185 PERCENT OF 
POVERTY.—The portion of the payments made for 
expenditures described in paragraph (4)(A)(ii) that 
represents the amount that would have been paid if 
the enhanced FMAP had not been substituted for 
the Federal medical assistance percentage.’’. 
(2) UNDER TITLE XXI.—
271
(A) FAMILYCARE COVERAGE.—Title XXI 
of such Act is amended by adding at the end 
the following new section: 
‘‘SEC. 2111. OPTIONAL FAMILYCARE COVERAGE OF PAR-
ENTS OF TARGETED LOW-INCOME CHILDREN. 
‘‘(a) OPTIONAL COVERAGE.—Notwithstanding any 
other provision of this title, a State child health plan may 
provide for coverage, through an amendment to its State 
child health plan under section 2102, of FamilyCare as-
sistance for targeted low-income parents in accordance 
with this section, but only if—
‘‘(1) the State meets the conditions described in 
section 1902(k)(2); and 
‘‘(2) the State elects to provide medical assist-
ance under section 1902(a)(10)(A)(ii)(XX) and 
elects an applicable income limit that is not lower 
than the limit described in subsection (b)(2)(A). 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) FAMILYCARE
ASSISTANCE.—The term 
‘FamilyCare assistance’ has the meaning given the 
term child health assistance in section 2110(a) as if 
any reference to targeted low-income children were 
a reference to targeted low-income parents. 
‘‘(2) TARGETED
LOW-INCOME
PARENT.—The 
term ‘targeted low-income parent’ has the meaning
272
given the term targeted low-income child in section 
2110(b) as if the reference to a child were deemed 
a reference to a parent (as defined in paragraph (3)) 
of the child; except that in applying such section—
‘‘(A) there shall be substituted for the in-
come limit described in paragraph (1)(B)(ii)(I) 
the applicable income limit in effect for a tar-
geted low-income child; 
‘‘(B) in paragraph (3), January 1, 2003, 
shall be substituted for July 1, 1997; and 
‘‘(C) in paragraph (4), January 1, 2003, 
shall be substituted for March 31, 1997. 
‘‘(3) PARENT.—The term ‘parent’ has the 
meaning given the term ‘caretaker’ for purposes of 
carrying out section 1931, and such additional 
meaning as defined by the State and approved by 
the Secretary. 
‘‘(4) OPTIONAL
TREATMENT
OF
PREGNANT 
WOMEN
AS
PARENTS.—A State child health plan 
may treat a pregnant woman who is not otherwise 
a parent as a targeted low-income parent for pur-
poses of this section but only if the State has estab-
lished an income level under section 1902(l)(2)(A)(i) 
for pregnant women that is at least 185 percent of