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https://clinton.presidentiallibraries.us/files/original/8910bf07f735a4f67b45a9688adae6b9.pdf
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PDF Text
Text
CFR Part 825.113
http://www.dol.gov/dol/esa/public/ ... 9ctr/toc_Part500-899/0825.0113.htm
---DISCLAIMER--
The Code of Federal Regulations
825.113 - What do "spouse," "parent," and "son or daughter" mean for purposes
of an employee qualifying to take FMLAleave?
• Standard Number: 825.113
• Standard Title: What do "spouse," "par~nt," and" son or daughter" mean for purposes of an
employee qualifying to take FMLA leave?
• SubPart Number: A
• SubPart Title: What is the Family and: Medical Leave Act, and to Whom Does It Apply?
or
.- (a)-Sp6Usemeirisahushand wife asaefinea oirecognizea-llnaerState law for purposes of marriage in-'
,Jhe_State_wll~e the employee resic!e.~,.in~J1l9jng ~_OmIll911_1ayv marriage in States where it is recognized.
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(b) Parent means a biological parent or an individual who stands or stood in loco parentis-to an'
employee when the employee was a son or daughter as defined in (c) below. This term does not include
parents "in law".
(c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of
self-care because of a mental or physical disability."
(1) "Incapable of self-care" means that the individual requires active assistance or supervision to provide
_daily self-care in three or more of the "activities of daily living" (ADLs) or "instrumental activities of
daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately
for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living
include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence,
using telephones and directories, using a post office, etc.
-
(2) "Physical or mental-disability" means a physical or mental impairment that substantially limits one or
more of the major life activities of ari individual. Regulations at 29 CFR § 1630.2(h), (i), and G), issued
by the Equal Employment Opportunity COlpmission under the Americans with Disabilities Act (ADA),
,
42 U.S.C. 12101 et seq., define t,hese terms.
(3) Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and
financially support a child or, iIi the case of an employee, who had such responsibility for the employee
when the employee was a child. A biological or legal relationship is not necessary. -
(d) For purposes of confirmation of family relationship, the employer may require the employee giving
notice of the, need for leave to provide reasonable documentation or statement of family relationship.
This documentation may take the form of a simple statement from the employee, or a child's birth
certificate~ a court document, etc. The employer is entitled to examine documentation such as a birth
certificate, etc., but the employee is entitled to the return of the official document submitted for this
purpose.
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~ The Family and Medical Lea~e Act of 1993
---DISCLAIMER--
Public Law 103-3
Enacted' February 5, 1993
An Act
To grant family and temporary medical leave under certain circumstances.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the "Family and Medical Leave Act of 1993".
(b) TABLE OF .cONTENTS.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 101. Definitions.
Sec. 102. Leave requirement.
Sec. 103. Certification.
J
Sec. 104. Employment and benefits protection.
Sec. 105. Prohibited acts.
Sec. 106. Investigative authority.
Sec. 107. Enforcement.
Sec. 108. Special rules concerning ~mployees of local educational agencies.
Sec. 109. Notice.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
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Sec. 201. Leave requirement.
TITLE III--COMMISSION ON LEAVE
Sec. 301. Establishment.
Sec. 302. Duties.
'.'
Sec. 303. Membership.
Sec. 304. Compensation .
. Sec. 305. Powers.
Sec. 306. Termination.
TITLE IV --MISCELLANEOUS PROVISIONS
Sec. 401. Effect on other laws.
Sec. 402. Effect on existing employment benefits.
Sec. 403. Encouragement of more generous leave policies.
Sec. 404. Regulations.
Sec. 405. Effective dates.
TITLE V --COVERAGE OF CONGRESSIONAL EMPLOYEES
'.'
Sec. 501. Leave for certain Senate employees.
Sec. 502. Leave for certain House employees.
TITLE VI--SENSE OF CONGRESS
Sec. 601. Sense of Congress.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.--Congress finds that-
(1) the number of single-parent households and two-parent households in which the single parent or both
parents work is increasing significantly;
,
,
\
(2) it is important for the development of children and the family unit that fathers and mothers be able to
participate in early childrearing and the care of family members who have serious health conditions;
(3) the lack of employment policies to accommodate working parents can force individuals to choose
between job security and parenting;
"
(4) there is inadequate job security for employees who have serious health conditions that prevent them
from working for temporary periods;
'..
.
(5) due to the nature of the roles of men and women in our society, the primary responsibility for family
caretaking often falls on women, and such responsibility affects the working lives of women more than
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,.,.
it affects the working lives of men; and
(6) employment standards that apply to one gender only have serious potential for encouraging
employers to discriminate against employees and applicants for employment who are of that gender.
(b) PURPOSES.--It is the purpose of this Act-
(1) to balance the demands of the workplace with the needs of families, to promote the stability and
economic security of families, and to' promote national interests in preserving family integrity;
(2) to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child,
and for the care of a child, spouse, or parent who has a serious health condition;
(3) to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the
.
legitimate interests of employers;
(4) to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the
Equal Protection Clause of the Fourteenth Amendment, minimizes the potential for empl9yment
discrimination on the basis of sex by ensuring generally that leave is available for eligible medical
reasons (including maternity-related disability) and for compelling family reasons, on a gender-neutral
basis; and
.
.
(5) to promote the goal of equal employment opportunity for women and men, pursuant to such clause.
TITLE I--GENERAL REQUIREMENTS F.oR LEAVE
SEC. 10L DEFINITIONS.
As used in this title:
(1) COMMERCE.--The terms "commerce" and "industry or activity affecting commerce" mean any
activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct
commerce or the free flow of commerce, and include "commerce" and any "industry affeCting
commerce", as defined in paragraphs (1) and (3) of section 501. of the Labor Management Relations Act,
1947 (29 U.S.C. 142 (1) and (3)).
(2) ELIGIBLE EMPLOYEE.-
(A) IN GENERAL.--The term "eligible employee" means an employee who has .been employed-
(i) for at least 12 months by the employer with respect to whom leave is requested under section 102;
and
.
(ii) for at least 1,250 hours 'of service with such ~mployer during the previous 12-month period.
(B) EXCLUSIONS.--The term "eligible employee" does not include-
(i) any Federal officer or employee covere~ under subchapter V of chapter 63 of title 5, United States
.
Code (as added by title II of this Act); or
(ii) any employee of an employer who is employed at a worksite at which such employer employs less
than '50 employees if the total number of employees employed by that employer within 75 miles of that
worksite is less than 50.
(C) DETERM1NA TION.--For purposes ofdetermifling whether in employee meets the hours of service
requirement specified in subparagraph
.
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(A)(ii), the legal standards established under section 7 of the Fair Labor Standards Act of 1938 (29
U.S.c. 207) shall apply.
(3) EMPLOY; EMPLOYEE; STATE.--The terms "employ", "employee", and "State" have the same
meanings given such terms in subsections (c), (e), and (g) of section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(c), (e), and (g)).
(4) EMPLOYER.-
(A) IN GENERAL.--The term "employer"-
(i) means any person engaged in commerce or i~. any industry or activity affecting commerce who·
employs 50 or more employees for each working day during each of 20 or more calendar workweeks in
the current or preceding calendar year;
(ii) includes-
(1) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of
such employer; and
(II) any successor in interest of an employer; and
(iii) includes any "public agency", as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29
U.S.C.203(x)).
(B) PUBLIC AGENCY.--For purposes of subparagraph (A)(iii), a public agency shall be considered to
be a person engaged in commerce or in an industry or activity affecting commerce.
.
.
(5) EMPLOYMENT BENEFITS.--The term "employment benefits" means all benefits provided or
made available to employees by an employer, including group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such
benefits are provided by a practice or written policy of an employer or through an "employee benefit
plan", as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(3)).
(6) HEALTH CARE PROVIDER.--The term "health care provider" means-
(A) a doctor of medicine or osteopathy who·is authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor practices; or
(B) any other person determined by the Secretary to be capable of providing health care services.
(7) PARENT.--The term "parent" means the bio.1ogical parent of an employee or an individual who
stood in loco parentis to an employee when the employee was a son or daughter.
(8) PERSON.--The term "person" has the same meaning given such term in section 3(a) of the Fair
Labor Standards Act of1938 (29 U.S.c. 203(a)).
(9) REDUCED LEAVE SCHEDULE.--The term "reduced leave schedule" means a leave schedule that
reduces the usual number of hours per workweek, or hours per w~)fkday, of an employee.
(10) SECRETARY.--The term "Secretary" means the Secretary of Labor.
(11) SERIOUS HEALTH CONDITION.--The term "serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves-
(A) inpatient care in a hospital, hospice, or resid~ntial medical care facility; or
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(B) continuing treatment by a health care provider.
...
(12) SON OR DAUGHTER.--The term "son or daughter" means a biological, adopted, or foster child, a
stepchild, a legal ward, 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 ~ntal or physical disability.
(13) SPOUSE.--The term "spouse" means a husband or wife, as the case may be ..
SEC. 102. LEAVE REQUIREMENT.
(a) IN GENERAL.-
(1) ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible employee shall be entitled to a
total of 12 workweeks ofleave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the. employee and in order to care for such son or
daughter.
.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son,
daughter, or parent has a serious health condition.·
(D) Because of a serIous health condition that makes the employee unable to perform the functions of
the position of such employee.
.
(2) EXPIRATION OF ENTITLEMENT.--The entitlement to leave under subparagraphs (A) and (B) of
paragraph (1) for a birth or placement of it son or daughter shall expire atthe end of the 12-month period
beginning on the date of such birth or placement.
(b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE.-- .
(1) IN GENERAL.--Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an
employee intermittently or on a reduced leave schedule unless the employee and the employer of the
employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and section 103(b)(5), leave
under subparagraph (C) or (D) of subsection (a)(1) may betaken intermittently or on a reduced leave
schedule when medically necessary. The taking of leave intermittently 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 entitled under subsection (a) beyond the amount ofleave actually taken.
(2) ALTERNATIVE POSITION.--If an employee requests intermittent leave, or leave on a reduced
leave schedule, under subparagraph (C) or (D) of subsection (a)(1), that is foreseeable based on planned
medical treatment, the employer may require such employee. to transfer temporarily to an available
alternative position offered by the employer for which the employee is qualified and that-
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the regular employment position of the
employee.
(c) UNP AID LEAVE PERMITTED.--Except as provided in subsection (d), leave, granted under
subsection (a) may consist of unpaid leave. Where an employee is otherwise exempt under regulations
issued by the Secretary pursuant to section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.c.
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213(a)(I)), the compliance of an employer with this title by providing.unpaid leave shall not affect the
exempt status of the employee under such section.
(d) RELATIONSHIP TO PAID LEAVE.-
(1) UNPAID LEAVE.--If an employer provides paid leave for fewer than 12 workweeks, the additional
weeks ofleave necessary to attain the 12 workweeks ofleave required under this title may be provided
without compensation.
(2) SUBSTITUTION OF PAID LEAVE.-
(A) IN GENERAL.--An eligible employee may elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for
leave provided under subparagraph (A), (B), or (C) of subsection (a)(1) for any'part of the 12-week
period of such leave under such subsection:
'.'
(B) SERIOUS HEALTH CONDITION.--An eligible employee may elect, or an employer may require
the employee~ to substitute any of the accrued paid vacation leave, personal leave, or medical or sick
leave of the employee for leave provided under subparagraph (C) or (D) of subsection (a)(1) for any part
of the 12-week period of such leave under such subsection, except that nothing in this title shall require
an employer to provide paid sick leave or paid medical leave in any situation in which such employer
would not normally provide any such paid leave.
(e) FORESEEABLE LEAVE.-
(1) REQUIREMENT OF NOTICE.--In any. case in which the necessity for leave under subparagraph
(A) or (B) of subsection (a)( 1) is foreseeable based on an expected birth or placement, the employee
shall provide the employer with not less than 30 days' notice, before the.date the leave is to begin, of the
employee's intention to take leave under such subparagraph, except that if the date of the birth or
. placement requires leave to begin in less than 30 days, the employee shall provide such notice as is
practicable.
.
(2) DUTIES OF EMPLOYE~.--In any case in which the necessity for leave under subparagraph (C) or
(D) of subsection (a)(1) is foreseeable based on planned medical treatment, the employee-
(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of
the employer, subject to the approval of the health care provider of the employee or the health care
provider of the son, daughter, spouse, or parent of the employee, as appropriate; and
,."
.
(B) shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of
the employee's intention to take leave under such subparagraph, except that if the date of the treatment
requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
(f) SPOUSES EMPLOYED BY THE SAME EMPLOYER--In any case in which a husband and wife
entitled to leave under subsection (a) are employed by the same employer, the aggregate number of
workweeks of leave to which both may be entitled may be limited to 12 workweeks during any
1~-month period, if such leave is taken-
(1) under subparagraph (A) or (B)of subsection (a)(1); or
(2) to care for a sick parent under subparagraph (C) of such subsection.
SEC. 103. CERTIFICATION.
(a) IN GENERAL.--An employer may require that a request for leave under subparagraph (C) or (D) of
section 102(a)(1) be supported by a certification issued by the health care provider ofthe eligible
~mployee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall
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provide, in a timely manner; a copy of such certification to the employer.
(b) SUFFICIENT CERTIFICATION.--Certification provided under subsection (a) shall be sufficient ifit
states-.
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge of the health care provider regarding the
condition;
.
'.
(4 )(A) for purpose? of leave under section 102( a)( 1)(C), a statement that the eligible employee is needed
to care for the son, daughter, spouse, or parent and: an estimate of the amount of time that such employee
is needed to care for the son, daughter, spouse, or parent;
.,
and
(B) for purposes ofleave under section l02(a)(1)(D), a statement that the employee is unable to perform
the functions of the position of the employee;
(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned
medical treatment, the d~tes on which such treatment is expected to be given and the duration of such
treatment; . '
.' .
(6) in the case ofcertification for intermittent leave, or leave on a reduced leave schedule, under section
l02(a)(1)(D), a statement of the medical necessity for the intermittent leave or leave on a reduced leave
schedule, and the expected duration of the intermittent leave or reduced leave schedule; and .
(7) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under section
l02(a)(1)(C), astatementthat the employee's intermittent leave or leave on a reduced leave schedule is
necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will
assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave
schedule.
(c) SECOND OPINION.-
(1) IN GENERAL.--In any case in which the employer has reason to doubt the validity bfthe
certification provided under subsection (a) for leave Ulider subparagraph (C) or (D) of section l02(a)(1),
the employer may require, at the expense of the employer, that the eligible employee obtain the opinion
of a second health care provider designated or approved by the employer concerning any information
certified under subsection (b) for such leave.
(2) LIMITATION.--A health care provider designated or approved under paragraph (1) shall not be
employed on a regular basis by the employer.
(d) RESOLUTION OF CONFLICTING OPINIONS.-
(1) IN GENERAL.--In any case in which the second opinion described in subsection (c) differs from the
opinion in the original certification provided under subsection (a), the employer may require, at the
expense of the employer, that the employee obtain the opinion of a third health care provider designated
or approved jointly by the employer and the employee concerning the information certified under
subsection (b).
(2) FINALITY.--The opinion of the third health care provider concerning the information certified under
subsection (b) shall be considered to be final and shall be binding on the employer and the employee.
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(e) SUBSE UENT RECERTIFICATION.--The employer may require that the eligible employee obtain
subsequent recertl lcatlOns on a reasona e basis.
SEC. 104. EMPLOYMENT AND BENEFITS' PROTECTION.
(a) RESTORATION
POSITION.-
(1) INGENERAL.--Except as provided in subsection (b), any eligible employee who takes leave under
section 102 for the intended purpose of the leave shall be entitled, on return from such leave-
(A) to be restored by the employer to the position of employment held by the employee when the leave
commenced; or
(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms
and conditions of employment.
(2) LOSS OF BENEFITS.--The taking of leave under section 102 shall not result in the loss of any
employment benefit accrued prior to the d~te on which the leave commenced.
(3) LIMITATIONS.--Nothing in this section shall be construed to entitle any restored employee to-
(A) the accrual of any seniority or employment Benefits during any period of leave; or
(B) any right, benefit, or position of employment other than any right, benefit, or position to which the
employee would have been entitled had th~ employee not taken the leave.
(4) CERTIFICATION.--As a condition of restoration under paragraph (1) for an employee who has
taken leave under section 102(a)(1 )(D), the employer may have a uniformly applied practice or policy
that requires each such employee to receive certification from the health care provider of the employee
that the employee is able to resume work, except that nothing in this paragraph shall supersede a valid
State or local law or a collective bargaining agreement thaf governs the return to work of such
employees.
(5) CONSTRUCTION.--Nothing in this subsection shall be construed to prohibit an employer from
requiring an employee on leave under section 102 to report periodically to the employer on the status
and intention of the employee to return to work. .
.
(b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED EMPLOYEES.-
(1) DENIAL OF RESTORATION.--An employer may deny restoration under subsection (a) to any·
eligible employee described in paragraph (2) if-
(A) such denial is necessary to prevent substantial and grievous economic injury to the operations of the
employer;
,."
(B) the employer notifies the employee of the intent of the employer to deny restoration on such basis at
the time the employer determines that such injury would occur; and
(C) in any case in which the leave has co~enced, the'employee elects not to return to employment
after receiving such notice.
(2) AFFECTED EMPLOYEES.--An eligible employee described in paragraph (1) is a salaried eligible
employee who is among the highest paid 10 percent of the employees employed by the employer within
75 miles of the facility at which the employee is employed.
(c) MAINTENANCE OF HEALTHBENEFITS.':
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(1) COVERAGE.--Except as provided in paragraph (2), during any period that an eligible employee
takes leave under section 102, the employer shall maintain coverage under any "group health plan" (as
defined in section 5000(b)(1 )of the Internal Revenue Code of 1986) for the duration of such leave at the
level 'and under the conditions coverage would have been provided ifthe employee had continued in
employment continuously for the duration of such leave.
(2) FAILURE TO RETURN FROM LEAVE.--The employer inay recover the premium that the
employer paid for maintaining co.verage. for the employee under such group health plan during any
period of unpaid leave under section 102 if-.- .
.
(A) the employee fails to return from leave under section 102 after the period of leave to which the
employee is entitled has expired; and
. ....
(B) the employee fails to return to work for a reason other than-
(i) the continuation, recurrence;or onset of ~ serious he"lth condition that entitles the employee to leave
under subparagraph (C) or (D) of section 102(a)(l); or
(ii) other circumstances beyond the contrpl of the employee. ,
(3) CERTIFICATION.-
.
.
(A) ISSUANCE.--An employer may' require that a claim that an employee is unable to return to work
because of the continuation, recurrence, or onset of the serious health condition described in paragraph
(2)(B)(i) be supported by-.
(i) a certification issued by the health care provider of the son, daughter, spouse, or parent of the
employee, as appropriate, in the case of an employee unable to return to work because of a condition
specified in section 102 (a) (1 )(C); or
(ii) a certification issued by the health care provider of the eligible employee, in the case of an employee
unable to return to work because Of a condition specified in section 102(a)(1 )(D).
(B) COPY.--The employee shall provide, in a timely manner, a copy of such certification to the
employer.
.....
(C) SUFFICIENCY OF CERTIFICATION.-
(i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF EMPLOYEE.--The certification described
in subparagraph (A)(ii) shall be sufficient if the certification states that a serious health condition
prevented the employee from being able to perform the functions of the position of the employee on the
date that the. leave of the employee expired.
.
(ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF FAMILY MEMBER.--The certification
described in subparagraph (A) (i) shall be sufficient if the certification states that the employee is needed
to care for the son, daughter, spouse, or parent who has a serious health condition on the date that the'
leave of the employee expired.
SEC. 105. PROHIBITED ACTS .
. \
(a) INTERFERENCE WITH RIGHTS.-
(1) EXERCISE OF RIGHTS:--It shall be unlawful for any employer to interfere with, restrain, or deny
the exercise of or the attempt to exercise, any right provided under this title.
(2) DISCRIMINATION.--It shall be unlawful for any employer to discharge or inany other manner
discriminate against any individual for opposing.. any practice made unlawful by this title.
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(b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.--It shall be unlawful for any person to
discharge orin any other manner discriminate against arty individual because such individual-
(1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to
this title;
(2) has given, or is about to give, any information in connection with any inquiry or proceeding relating
to any right provided under this title; or .
(3) has testified, or is about to testifY, in any inquiry or proceeding relating to any right provided under
this title.
SEC. 106. INVESTIGATIVE AUTHORITY.
(a) IN GENERAL.--To ensure complianc.e with the provisions ofthis title, or any regulation or order
issued under this title, the Secretary shall have, subject to subsection (c), the investigative authority
provided under section 1 1(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 21 1(a)).
(b) OBLIGATION TO KEEP AND PRESERVE RECORDS.--Any employer shall make, keep, and
preserve records pertaining to compliance with this title in accordance with section 11 (c) of th~ Fair .
Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance'with regulations issued by the
Secretary.
(c) REQUIRED SUBMISSIONS GENERALLY,LIMITED TO AN ANNUAL BASIS.--The Secretary
shall not under the authority of this section require any employer or any plan, fiJnd, or program tQ submit
to the Secretary any books or records more than once during any 12-month period, unless the Secretary
has reasonable cause to believe there may exist a violation of this title or any regulation or order issued
pursuant to this title, or is investigating a charge pursuant to section 107(b).
(d) SUBPOENA POWERS.--For the purposes of any investigation provided for in this section, the
Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act
of1938
(29U.S.C. 209).
SEC. 107. ENFORCEMENT.
(a) CIVIL ACTION BY EMPLOYEES.-
(1) LIABILITY.--Any employer who violates section 105 shall be liable to any eligible employee
affected-
(A) for damages equal to-
(i) the amount of-
(I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by
reason of the violation; or
(II) in a case in which wages, salary, employment benefits, or other compensation have not been denied
or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the
violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the
employee;
(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and
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(iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i)
and the interest described in clause (ii), except that if an employer who has violated section 105 proves
to the satisfaction of the court that the act or omission which violated section 105 was in good faith and
that the employer had reasonable grounds for believing that the act or omission was not a violation of
section 105,such court may, in the discretion of the court, reduce the ~mount of the liability to the
amount and interest determined under clauses (i) and (ii), respectively; and
(B) for such equitable relief as may be appropriate, including employment, reinstatement, and
promotion.
..
(2) RIGHT OF ACTION.--An action to recover the damages or equitable relief prescribed in paragraph
(1) may be maintained against any employer (including a public agency) in any Federal or State court of
competent jurisdiction by anyone or more employees for and in behalf of-
(A) the employees; or
'.'
(B) the employees and other employees similarly situated.
(3) FEES AND COSTS.--The court in such an action shall, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action
to be paid by the defendant.
(4) LIMITATIONS.--The right provided by paragraph (2) to bring an action by or on behalf of any
employee shall terminate-
(A) on the filing of a complaint by the Secretary in an action under,subsection (d) in which restraint is
sought of any further delay in the payment of the amount described in paragraph (1 )(A) to such
employee by an employer responsiple under paragraph (1) for the payment; or
(B) on the filing of a complaint by the Secretary iIi an action under subsection (b) in which a recovery is
sought of the damages described in paragraph (l )(A) owing to an eligible employee by an employer
liable under paragraph (1), unless the action described in subparagraph (A) or (B) is dismissed without
prejudice on motion of the Secretary.
(b) ACTION BY THE SECRETARY.-
(1) ADMINISTRATIVE ACTION.--The Secretary shall receive, investigate, and attempt to resolve
complaints of violations of section 105 in the same manner that the Secretary receives, investigates, and
attempts to resolve complaints' of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206 and 207).
(2) CIVIL ACTION.--The Secretary may bring an action in any court of competent jurisdiction to
recover the damages described in subsection (a)(1)(A).
(3) SUMS RECOVERED.--Any sums recovered by the Secretary pursuant to paragraph (2) shall be held
in a special deposit account and shall be paid, on order of the Secretary, directly to each employee ,
affected. Any such sums not paid to an employee because of inability to do so ,within a period of 3 years
'
shall be deposited into the Treasury of the United States as miscellaneous receipts.
(c) LIMITATION.-
I
.
(1) IN GENERAL.--Except as provided in paragraph (2), an action may be brought under this section
not later than 2 years after the date of the last eventconstituting the alleged violation for which the
action is brought.
."
(2) WILLFUL VIOLATION.--In the case of such action brought for a willful violation of section 105,
such action may be brought within' 3 years of the date of the last event constituting the alleged violation
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for which such action is brought.
(3) COMMENCEMENT.--In determining when an action is commenced by the Secretary under this
section for the purposes of this subsection, it shall be considered to be commenced on the date when the
complaint is filed.
(d) ACTION FOR INJUNCTION BY SECRETARY.--The district courts of the United States shall have
jurisdiction, for cause shown, in an action brought by the Secretary-
(1) to restrain violations of section 105, including the restraint of any withholding of payment of wages,
salary, employment benefits, or other compensation, plus interest, found by the court to be due to
eligible employees; or
(2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and
promotion.
'
(e) SOLICITOR OF LABOR.--The Solicitor of Labor may appear for and represent the Secretary on any
litigation brought under this section.
SEC. 108. SPECIAL RULES CONCERNING·EMPLOYEES OF LOCAL EDUCATIONAL
AGENCIES.
(a) APPLICATION.:'
(1) IN GENERAL.--Except as otherwise provided in this section, the rights (including the rights under
section 104, which shall extend throughout the period of leave of any employee under this section),
remedies, and procedures under this title shall apply to-
(A) any "local educational agency" (as defined in section 1471(12) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(12))) and an eligible employee of the agency; and
(B) any private elementary or secondary school and an eligible employee ofthe school.
. (2) DEFINITIONS.--For purposes of the application described in paragraph (1):
(A) ELIGIBLE EMPLOYEE.--The term "eligible employee" means an eligible employee of an agency
or school described in paragraph (1).
(B) EMPLOYER.--The term "employer" means an agency or school described in paragraph (1).
(b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LA WS.-- A local educational
agency and a private elementary or secondary school shall not be in violation of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42.U.S.C. 2000d et seq.), solely as a result of an
eligible employee of such agency or school exercising the rights of such employee under this title.
(c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR INSTRUCTIONAL
EMPLOYEES.-
(1) IN GENERAL.--Subject to paragraph (2), in any case in which an eligible employee employed
principally in an instructional capacity by any such educational agency or school requests leave under
subparagraph (C) or (D) of section 102(a)(1) thafis foreseeable based on planned medical treatment and
the employee would be on leave for greater than 20 percent of the total number of working days in the
period during which the leave would extend, the agency or school may require that such employee elect
either-
(A) to take leave for periods of a particular duration, not to exceed the duration of the planned medical
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treatment; or
(B) to transfer temporarily to an available alternative position offered by the employer for which the
employee is qualified, and that-
(i) has equivalent pay and benefits; and
(ii) better accommodates recurring periods of leave than the regular employment position of the
employee.
(2) APPL!CATION.--The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply
only with respect to an eligible employee who complies with section 102( e)(2).
(d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF AN ACADEMIC
TERM.--The following rules shall apply with respect to periods of leave near the conclusion of an
academic term in the case of any eligible employee employed principally in an instructional capacity by
any such educational agency or school:
.
(1) LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.--Ifthe eligible employee begins
leave under section 102 more than 5 weeks priOl:' to the end of the academic term, the agency or school
may require the employee to continue taking leave until the end of such term, if-
(A) the leave is of at least 3 weeks duration; and
(B) the return to employment would occur during the 3-week period before the end of such term.
(2) LEAVE LESS THAN 5 WEEKS PRIOR TO END OF TERM.--Ifthe eligible employee begins leave
under subparagraph (A), (B), or (C) of section 102(a)(1) during the period that commences 5 weeks prior
to the end of the academic term, the agency or school may require the employee to continue taking leave
until the end of such term, if-
. (A) the leave is of greater than 2 weeks duration; and
\
(B) the return to employment would occur during the 2-week period before the end of such term .
. (3) LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.--Ifthe eligible employee begins leave
under subparagraph (A), (B), or (C) of section 102( a)( 1) during the period that commences 3 weeks prior
to the end of the academic term and the duration of the leave is greater than 5 working days, the agency.
or school may require the employee to continue to take leave until the end of such term.
(e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.--For purposes of determinations
under section 104( a) (1 )(B) (relating to the restoration of an eligible employee to an equivalent position),
in the case of a local educational agency or a private elementary or secondary school, such determination
shall be made on the basis of established school board policies and practices, private school policies and
practices, and collective bargaining agreements .
.(f) REDUCTION OF THE AMOUNT OF LIABILITY.--If a local educational agency or a private
elementary or secondary school that has violated this title proves to the satisfaction of the court that the
agency, school, or department had reasonable grounds for believing that the underlying act or omission
was not a violation of this title, such court may, in the discretion of the court, reduce the amount of the
liability provided for under section 107(a)(1 )(A) to the.amount and interest determined under clauses (i)
and (ii), respectively, of such section.
.
.
SEC. 109. NOTICE.
(a) IN GENERAL.--Each employer shall post and keep posted, in conspicuous places on the premises of
the employer where notices to employees and applicants for employment are customarily posted, a
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notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the
pertinent provisions of this title and information pertaining to the filing of a charge.
(b) PENALTY.--Any employer that willfully violates this section may be assessed a civil money penalty
not to exceed $100 for each separate offense.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
(
,
SEC. 20 1. LEAVE REQUIREMENT.
'.'
(a) CIVIL SERVICE EMPLOYEES.-(1) IN GENERAL.--Chapter 63 oftitle 5, United States Code, is amended by adding at the end the
following new subchapter:
"SUBCHAPTER V--FAMIL Y AND MEDICAL LEAVE
n6381. Definitions
"For the purpose of this subchapter-
"(1) the term 'employee' means any individual who-
!teA) is an 'employee', as defined by section 6301(2), including any individual employed in a position
referred to in clause (v) or Ox) of section 6301(2), but excluding any individual employed by the
government of the District of Columbia and any individual employed on a temporary or intermittent
basis; and
nCB) has completed at least 12 months ofservice as an employee (within the meaning of subparagraph
(A));
U(2) the term 'health care provider' means-
Il(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor practices; and
"(B) any other person determined by the Director of the Office of Personnel Management to be capable
of providing health care services;
, "(3) the term 'parent' means the biological parent of an employee or an individual who stood in .loco
parentis to an employee when the employee was a son or daughter;
"(4) the term 'reduced leave schedule' means a leave schedule that reduces the usual number of hours per
workweek, or hours per workday, of an employee;
"(5) the term 'sedous health condition' means an illness, injury, impairment, or physical or mental
condition that involves-'
"eA) inpatient care in a hO,spital, hospice, or residential medical care facility; or
"(B) continuing treatment by a health care provider; and
"(6) the term 'son or daughter' means a biological, adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis, who is-
""
!teA) under 18 years 9f age; or
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, n(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.
"6382. Leave requirement
U(a)(1) Subject to section 6383, an employee shall be entitled to a total of 12 administrative workweeks
of leave during any 12-month period for one or more of the following:
n(A) Because of the birth of a son or daughter of the employee and in order.to care for such son or
daughter.
"(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
,
II(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son,
daughter, or parent has a serious health condition.
"(D) Because of a serious health condition,that makes. the employee unabl~ to perform the functions of.
the employee's position.
.
"(2) The entitlementto leave under subparagraph (A) or (B) of paragraph (1) based on the birth or
placementof a son or daughter shall expire atthe end of the 12-month period beginning on the date of
such birth or placement.
.
.
n(b)(I) Leave under subpar:agraph (A) or (B) o'f ~ubsection (a)(1) shall not be taken by an employee
intermittently or on a reduced leave schedule uniess the employee andthe,employing agency of the
employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and section 6383(b)(5), leave
under subparagraph (C) or (D) of subsection (a)(l) may be taken intermittently or on a reduced leave
schedule when medically necessary. In the case of an employee who takes leave intermittently or on a
reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall
be subtracted from the total amount of leave remaining available to such employee under subsection (a),
for purposes of the 12-month period involved, on an hour-for-hour basis.
"(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under
subparagraph (C) or (D) of subsection (a)(l); that is foreseeable based on planned medical treatment, the
employing agency may require such employee to transfer temporarily to an available alternative position
offered by the employing agency for which the employee is qualified and that-
"(A) has equivalent pay and benefits; and
n(B) better accommodates recurring periods ofleave than the regular employment position of the
employee.
n(c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay.
n(d) An' employee may elect to substitute for leave under subparagraph (A), (B), (C), or (D) of
subsection (a)(l).any of the employee's accrued or accumulated annual or sick leave under subchapter I
for any part of the 12-week period ofleave under such subsection, except that nothing in this subchapter
shall require an employing agency to provide paid sick leave in any situation in which such employing
agency would not normally provide any such paid leave.
.
n(e)(1) In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) is
foreseeable based on an expected birth or placement, the employee shall provide the employing agency
with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to
take leave under such subparagraph, except that if the date of the birth or placement requires leave to
begin in less than 30 days, the employee shall provide such notice as is practicable.
"(2) In any case in which the neces~ity for leave under subparagraph (C) or (D) of subsection (a)(1) is
foreseeable based on planned medical treatment, the employee-
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"(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations
of the employing agency,subject to the approval of the health care provider of the employee or the
health care provider of the son, daughter, spouse, or parent of the employee, as, appropriate; and
nCB) shall provide the employing agency with not less than 30 days' notice, before the date the leave is to
begin, of the employee's intention to take leave under such subparagraph, except that if the date of the
treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is
practicable.
"6383. Certification
"(a) An employing agency may require that a request for leave under subparagraph (C) or (D) of section
6382(a)(1) be supported by certification issued by the health care provider of the employee or of the son,
daughter, spouse, or parent-of the employee, as appropriate. The employee shall provide, in a timely
manner, a copy of such certification to the employing agency.
n(b) A certification provided under subsection (a) shall be sufficient if it states-
"(1) the date on which the serious health condition commenced;
n(2) the probable duration of the condition;
"(3) the appropriate medical facts within the knowledge of the health care provider regarding the
condition;
"(4)(A) for purposes ofleave under section 6382(a)(1 )(C), a statement that the employee is needed to
care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is
needed to care for such son, daughter, spouse, or parent; and
"(B) for purposes ofleave under section 6382(a)(1 )(D), a statement that the employee is unable to
perform the functions of the position of the, employee; and
"(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned
medical treatment, the dates on which such treatment is expected to be given and the duration of such
treatment.
,."
n(c)(1) In any case in which the employing agency has reason to doubt the validity of the certification
provided under subsection (a) for leave under subparagraph (C) or CD) of section 6382(a)(1), the
employing agency may require, at the expense of the agency, that the employee obtain the opinion of a
second health care provider designated or approved by the employing agency concerning any
information certified under subsection (b) for such leave.
"(2) Any health care provider designated or approved under paragraph (1) shall not be employed on a
"".regular basis by the employing agency.
"(d)(1) In any case in which the second opinion described in subsection (c) differs from the original
certification provided under subsection (a), the employing 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 employing agency and the employee concerning the information certified under subsection
(b).
.
"(2) The opinion of the third health care provider concerning the information certified under subsection
(b) shall be considered to be final and shall be binding on the employing agency and the employee.
"(e) The employing agency may require, at the expense ofthe agency, that the employee obtain
subsequent recertifications on a reasonable basis .
....
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"6384. Employment and benefits protection
"(a) Any employee who takes leave under sedio.n.6382 for the intended purpose ofthe leave shall be
entitled, upon return from such leave-.
"(I) to be restored by the employing agency to the position held by the employee when the leave
commenced; or
"(2) to be restored to an equivalent position with equiyalent benefits, pay, status, and other terms and
conditions of employment.
"(b) The taking of leave under section 6382 shall not result in the loss of any employment benefit
accrued prior to the date on which the leave comm~nced.
"(c) Except as otherwise provided by or under law, nothing in this section shall be construed to entitle
any restored employee to-
'~(l)
the accrual of any employment benefits during any period of leave; or
"(2) any right, benefit, or position of employment other than any right, benefit, or position to which the
employee would have been entitled had the employee not taken the leave.
.
"(d) As a condition to restoration under subsection (a) for an employee who takes leave under section
6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each
Buch employee to receive certification from the health care provider of the employee that the employee
is able to resume work.
'.'
"(e) Nothing in this section shall be construed to prohibit an employing agency from requiring an
employee on leave under section 6382 to report periodically to the employing agency on the status and
intention of the employee to return to work.
"6385. Prohibition of coercion
"(a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate,
threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights
which such other employee may have under this ·subchapter.
.
"(b) For the purpose of this s e c t i o n - - .
.
.
'
.
"(1) the term "intimidate, threaten, or coerce' includes promising to confer or conferring any benefit
(such as appointment, promotion,or compensation), or taking or threatening to take any reprisal (such as
deprivation of appointment, promotion, or compensation); and
"(2) the term 'employee' means any 'employee', as defined by sectIon 2105.
"6386. Health insurance
"An employee enrolled in a health benefits planJInder chapter 89 who is placed in a leave status under
section 6382 may elect to 'continue the health benefits enrollment of the employee while in such leave
status and arrange to pay currently into the Employees Health Benefits Fund (described in section 8909),
the appropriate employee contributions.
"6387. Regulations
"The Office of Personnel Management shall prescribe regulations necessary for the administration of
this subchapte~. The regulations prescribed under this subchapter shall, to .the extent appropriate, be
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consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and
Medical Leave Act of 1993.".
(2) TABLE OF CONTENTS.--The table of contents for chapter 63 of title 5, United States Code, is
amended by adding at the end the following:
"SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
"6381. Definitions.
"6382. Leave requirement.
"6383. Certification.
"6384. Employment and benefits protection.
"6385. Prohibition of coercion.
"6386. Health insurance.
" "6387. Regulations.".
(b) EMPLOYEES PAID FROM NONAPPROPRIATED FUNDS.--Section 2105(c)(1) of title 5, United
States Code, is amended-
(1) by striking "or" at the end of subparagraph (C); and
(2) by adding at the end the following new subparagraph:
"(E) subchapter V of chapter 63, which shall be applied so as to construe references to benefit programs
to refer to applicable programs for employees paid from nonappropriated funds; or".
TITLE III--COMMISSION ON LEAVE
SEC. 301. ESTABLISHMENT.
There is established a commission to be known as the Commission on Leave (referred to in this title as
the "Commission").
'
SEC. 302. DUTIES.
..,"
The Commission shall-
(1 ) conduct a comprehensive study of-
(A) existing and proposed mandatory and voluntary policies relating to family and temporary medical
leave, including policies provided by employers not covered under this Act;
(B) the potential costs, benefits, and impact on productivity, job creation and business growth of such
policies on employers and employees;
(C) possible differences in costs, benefits, and impact on productivity, job creation and business growth
of such policies on employers based on business type and size;
(D) the impact of family and medical leave policies on the availability of employee benefits provided by
employers, including employers not covered under this Act;
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(E) alternate and equivalent State enforcement of title I with respect to employees described in section
108(a);
(F) methods used by employers to reduce administrative costs of implementing family and medical leave
policies;
(G) the ability of the employers to recover, under section 104(c)(2), the premiums described.in such
section; and
(H) the impact on employers and employees of policies that provide temporary wage replacement during
periods of family and medical leave.
(2) not later than 2 years after the date on which the Commission first meets, prepare and submit, to the
appropriate Committees of Congress, a report concerning the subjects listed in paragraph (1).
SEC. 303. MEMBERSHIP.
(a) COMPOSITION.-
(1) APPOINTMENTS.--The Commission shall be composed of 12 voting members and 4 ex officio
members to be appointed not later than 60 days after the date of the enactment of this Act as follows:
(A) SENATORS.--One Senator shall be appointed by the Majority Leader of the Senate, and one
Senator shall be appointed by the Minority
Leader of the Senate.
(B) MEMBERS OF HOUSE OF REPRESENT ATIVES.--One Member of the House of Representatives
shall be appointed by the Speaker of the House of Representatives, and one Member of the House of
Representatives shall be appointed by the Minority Leader of the House of Representatives.
'.'
(C) ADDITIONAL MEMBERS.-
(i) APPOINTMENT.--Two members each shall be appointed by-(I) the Speaker of the House of
Representatives;
.
' , '
(II) the Majority Leader of the Senate;
(III) the Minority Leader of the House of Representatives; and
(IV) the Minority Leader of the Senate.
(ii) EXPERTISE.--Such members shall be appointed by virtue of demonstrated expertise in relevant
family, temporary disability, and labor management issues. Such members shall include representatives
of employers, including employers from large businesses and from small businesses.
(2) EX OFFICIO MEMBERS.--The Secretary of Health and Human Services, the Secretary of Labor,
the Secretary of Commerce, and the Administrator of the Small Business Administration shall serve on
the Commission as nonvoting ex officio members.
(b) V ACANCIES.--Any vacancy on the Commission shall be filled in the manner in which the original
appointment was made. The, vacancy shall not affect the power of the remaining members to execute the
'.' '
duties of the Commission.
(c) CHAIRPERSON AND VICE CHAIRPERSON.--The Commission shall elect a chairperson and a
vice chairperson from among the members of the Commission.
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(d) QUORUM.--Eight members of the Commission shall constitute a quorum for all purposes, except
that a lesser number may constitute a quorum for the purpose of h~Ning hearings.
SEC. 304. COMPENSATION.
(a) PAY.--Members of the CommissIon shall serve without compensation.
(b) TRAVEL EXPENSES.--Members of the Commission shall be allowed reasonable travel expenses,
including a per diem allowance, in accordance with sec~ion 5703 of title 5, United States Code, when
performing duties of the Commission.
SEC. 305. POWERS.
(a) MEETINGS.--The Commission shall first meet not later than 30 days.after the date on which all
members are appointed, and the Commission shall meet thereafter on the call of the chairperson or a
majority of the members.
(b) HEARINGS AND SESSIONS.--The Commission may hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to witnesses appearing before it.
.,.
(c) ACCESS TO INFORMATION.--The Commission may secure directly from any Federal agency
information necessary to enable it to carry out this title, if the information may be disclosed under
section 552 oftide 5, United States Code. Subject to the previous sentence, on' the request of the
chairperson or vice chairperson of the Commission, the head of such agency shall furnish such
information to the Commission.
(d) USE OF FACILITIES AND SERVICES.--Upon the request of the Commission, the head of any
Federal agency may make available to the Commission any of the facilities and services of such agency.
(e) PERSONNEL FROM OTHER AGENCIES.--On the request of the Commission, the head of any
Federal agency may detail any of the personnel of such agency to serve as an Executive Director of the
Commission or assist the Commission in carrying out the duties of the Commission. Any detail shall not
interrupt or otherwise affect the civil service status or privileges of the Federal employee.
(f) VOLUNTARY SERVICE.--Notwithstanding section 1342 oftitle 31, United States Code, the
chairperson of the Commission may accept for the Commission voluntary services provided by a
member of the Commission.
SEC. 306. TERMINATION.
The Commission shall terminate 30 days after the date of the submission of the report of the
Commission to Congress.
.,.
TITLE IV --MISCELLANEOUS PROVISIONS
SEC. 401. EFFECT ON OTHER LAWS.
(a) FEDERAL AND STATE ANTIDISCRIMINATION LA WS.--Nothing in this Act or any amendment
made by this Act shall be construed to modify or affect any Federal or State law prohibiting
discrimination on the basis ofrace, religion, color, national origin, sex, age, or disability.
(b) STATE AND LOCAL LAWS.--Nothing in this Act or any amendment made by this Act shall be
construed to supersede any provision ofany State or local law that provides greater family or medical
leave rights than the rights established under this Act or any amendment made by this Act.
SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
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(a) MORE PROTECTIVE.--Nothing in this Act or any amendment made by this Act shall be construed
to diminish the obligation of an employer to comply with any collective bargaining agreement or any
employment benefit program or plan that provides greater family or medical leave rights to employees
than the rights established under this Act or any amendment made by this Act. ,
(b) LESS PROTECTIVE.--The rights established for employees under this Act or any amendment made
by this Act shall not be diminished by any collective bargaining agreement or any employment benefit
program or plan.
SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
'.'
Nothing in this Act or any amendment made by tJIis Act shall be construed to discourage employers
from adopting or retaining leave policies more generous than any policies that comply with the
requirements under this Act or'any amendment made by this Act.
SEC. 404. REGULATIONS.
The Secretary of Labor shall prescribe such regulations as are necessary to carry out title I and this title
not later than 120 days after the date of the enactment of this Act.
SEC. 405. EFFECTIVE DATES.
(a) TITLE IIL--Title III shall take effect on the dat.e of the enactment of this Act.
(b) OTHER TITLES.-
(1) IN GENERAL.--Except as provided in paragraph (2), titles I, II, and V and this title shall take effect
6 months after the date of the enactment of this Act.
(2) COLLECTIVE BARGAINING AGREEMENTS.--In the case of a'collective' bargaining agreement
in effect on the ,effective date prescribed by paragraph (1), title I shall apply on the earlier of-
(A) the date of the termination of such agreement; or
(B) the date that occurs 12 months after the date of the enactment of this Act.
TITLE V --COVERAGE OF CONGRESSIONAL EMPLOYEES
SEC. 50 1. LEAVE FOR CERTAIN SENATE EMPLOYEES.
(a) COVERAGE.--The rights and protections established under sections 101 through 105 shall apply
with respect to a Senate employee and an employing office. For purposes of such application, the term
"eligible employee" means a Senate employee and the term "employer" means an employing office.
(b) CONSIDERATION OF ALLEGATIONS.-
(1) APPLICABLE PROVISIONS.--The provisions of sections 304 through 313 ofthe Government
Employee Rights Act of 1991 (2 U.S.C. 1204-1213) shall, excep~ as provided in subsections (d) and (e)-
(A) apply with respect to an allegation of a violation of a provision of sections 101 through 105, with
'
respect to Senate employment of a Senate employee; and
(B) apply to such an allegation in the same manner and to the same extent as such sections of the
Government Employee Rights Act of 1991 apply with respect to an allegation of a violation under such
Act.
'."
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(2) ENTITY.--Such an allegation shall be addressed by the Office of Senate Fair Employment Practices
or such other entity as the Senate may designate,.
(c) RIGHTS OF EMPLOYEES.--The Office ofS~nate Fair Employment Practices shall ensure that
Senate employees are informed of their rights under sections 101 through 105.
(d) LIMITATIONS.--A request for counseling under section 305 of such Act by a Senate employee
alleging a violation of a provision of sections 101 through 105 shall be made not later than 2 years after
the date ofthe last event constituting the alleged violation for which the counseling is requested, or not
later than 3 years after such date in the case of a willful violation of section ,105.
(e) APPLICABLE REMEDIES.--The remedies applicable to individuals who demonstrate a violation of
a provision of sections 101 through 105 shall be such remedies as would be appropriate if awarded under
paragraph (1) or (3) of section 107(a).
(f) EXERCISE OF RULEMAKING POWER.--The provisions of subsections (b), (c), (d), and (e),
except as such subsections apply with respect to section 309 of the Government Employee Rights Act of
1991 (2 U.S.C. 1209), are enacted by the Senate as an exercise of the rulemaking power of the Senate,
with full recognition of the right of the Senate to change its rules, in the same manner, and to the same
extent, as in the case of any other rule of the Senate. No Senate employee may commence a judicial
proceeding with respect to an allegation described in subsection (b)(1), except as provided in this
section.
(g) SEVERABILITY.--Notwithstanding any other provision of law, if any provision of section 309 of
the Government Employee Rights Act of 1991 (2 U .S.C. 1209), or of subsection (b)( 1) insofar as it
applies such section 309 to an allegation described in subsection (b)(1)(A), is invalidated, both such
section 309, and subsection (b)(1)'insofar as it applies such section 309 to such an allegation, shall have
no force and effect, and shall be considered to be invalidated for purposes of section 322 of such Act (2
U.S.C.1221).
(h) DEFINITIONS.--As used in this section:
(1) EMPLOYING OFFICE.--The term "employingoffice" means the office with the final authority
described in section 301(2) of such Act (2 U.S.C. 1201(2)).
(2) SENATE EMPLOYEE.--The term "Senate employee" means an employee described in
subparagraph (A) or (B) of section 301(c)(1) of such Act (2 U.S.C. 1201(c)(1)) who has been employed
for at least 12 months on other than a temporary or intermittent basis by any employing office.
SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.
(a) IN GENERAL.--The rights and protections under sections 102 through 105 (other than section
104(b)) shall apply to any employee in an employment position and any employing authority of the
House of Representativ~s.
(b) ADMINISTRATION.--In the administration of this section, the remedies and procedures under the
Fair Employment Practices. Resolution shall be applied.
(c) DEFINITION.--As used in this section, the term "Fair Employment Practices Resolution" means rule
LI of the Rules of the House of Representatives.
TITLE VI--SENSE OF CONGRESS
SEC. 601. SENSE OF CONGRESS.
It is the sense of the Congress that:
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FMLA
(a) The Secretary of Defense shall conduct a comprehensive review of current departmental policy with
respect to the service of homosexuals in the Armed Forces;
(b) Such review shall include the basis for the current policy of mandatory separation; the rights of all
service men and women, and the effects of any change in such policy on morale, discipline, and military
effectiveness;
(c) The Secretary shall report theresults of such review and consultations and his recommendations to
the President and to the Congress no later than July 15, 1993;
(d) The Senate Committee on Armed Services shall conduct (i) comprehensive hearings on the current
.military policy with respect to the service of homosexuals in the military services; and (ii) shall conduct
.
oversight hearings on the Secretary's recommendations as such are reported.
Approved February 5, 1993.
.~'
.
LEGISLATIVE HISTORY--H.R. l(S. 5):
.
.
HOUSE REPORTS: No. 103-8, Pt. 1 (Comm. on Education and Labor) and Pt. 2 (Comm. on Post
Office and Civil Service).
.
SENATE REPORTS: No. 103-3 accompanying·S. 5 (Camm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 139 (1993):
Feb. 2, S. 5considered in Senate.
Feb. 3, considered in Senate; H.R. 1 considered and passed House.
Feb. 4, H.R. 1 considered and passed Senate, amended, in lieu of S. 5. House concurred in Senate
amendment.
WEEKLY COMPILATION OF PRESIDE!'JTIAL DOCUMENTS, VoL 29 (1993):
Feb. 5, Presidential remarks and statement.
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Ruby Shamir - Subject Series
Creator
An entity primarily responsible for making the resource
First Lady's Office
Ruby Shamir
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36351" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/7763277" target="_blank">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2012-0565-S
Description
An account of the resource
Ruby Shamir held the position of Policy Advisor and Assistant to the Chief of Staff in the First Lady’s Office. Previously, she served as Assistant Director for Domestic Policy in the Domestic Policy Council. This series of Subject Files contains materials relating to domestic policy topics, especially on children’s issues such as health, education, child care and youth violence. The records include memorandum, faxes, letters, reports, schedules, and publications.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
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Clinton Presidential Library & Museum
Format
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Adobe Acrobat Document
Extent
The size or duration of the resource.
236 folders in 15 boxes
Date
A point or period of time associated with an event in the lifecycle of the resource
1999-2001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
FMLA/Legislation
Creator
An entity primarily responsible for making the resource
First Lady's Office
Ruby Shamir
Subject Files
Identifier
An unambiguous reference to the resource within a given context
2012-0565-S
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 7
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2012-0565-S-Shamir.pdf" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/7763277" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
7/22/2013
Source
A related resource from which the described resource is derived
2012-0565-S-fmla-legislation
7763277