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Family and Medical Leave Clarification Act (Introduced in the Senate)
S 1530 IS
106th CONGRESS
1st Session
. S.1530
To amend the Family and Medical Leave Act of 1993 to clarify the Act, and for other purposes.
IN THE SENATE' OF THE UNITED STATES
" August 5,1999
Mr. GREGG introduced the following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
'
A BILL
To amend the Family and Medical Leave Act of 1993 to clarify the Act, and for other purposes.
. Be it enactea by the Senate and House ofRepresentatives ofthe United States ofAmerica in
Congress assembled,
.
SECTION 1. SHORT·TITLE; REFERENCES; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the 'Family and Medical, Leave Clarification Act'.
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(b) REFERENCES- Except as otherwise expressly provided, wherever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provisiQn of the Family and Medical
Leave Act of 1993 (29 U.S.c. 2601' et seq.).
(c) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
I
Sec. 2. Findings.
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Sec. 3. Definition ofserious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Regulations.
Sec. 8. Effective date.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Family and Medical Leave Act of 1993 (referred to in this section as the 'Act') is
not working as Congress intended when Congress passed the Act in 1993. Many employers,
including those employers that are nationally recognized as having generous family-friendly
benefit and leave programs, are experiencing serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and interpretations have caused
many ofthese problems by greatly expanding the Act's coverage to apply to many
nonserious health conditions .
. (3) Documented problems generated by the Act include significant new administrative and
personnel costs, loss of productivity and scheduling difficulties, unnecessary paperwork and
recordkeeping, and other compliance problems.
(4) The Act often conflicts with employers' paid sick leave policies, prevents employers
from managing absences through their absence control plans, and results in most leave
under the Act becoming paid leave.
(5) The Commission on Leave, established in title III of the Act (29 U.S.C. 2631 et seq.),
which reported few difficulties with co;mpliance with the Act, failed to identify many of the
problems with compliance because the study on which the report was based was conducted
too soon after the date of enactment ofthe Act and the most significant problems with
compliance arose only when employers lat~r. sought to comply with the Act's final
regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
Section 101(11) (29 U.S.C. 2611(11» is amended-
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(2) by aligning the margins ofthose.c1auses with the margins of clause (i) of paragraph
(4)(A);
(3) by inserting before 'The' the following:
'(A) IN GENERAL- '; and
(4) by adding at the end the following:.
'(B) EXCLUSIONS- The term: does not include a short-term illness, injury, .
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impairment, or condition for .which trea,tinent and ' . are very brief.
recovery
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'(C) EXAMPLES- The term includes an illness, injury, impairment, or physical or
mental condition such as a heart attack, a heart condition requiring extensive therapy
or a surgical procedure, a stroke, a severe respiratory condition, a spinal injury,
appendicitis, pneumonia, emphysema, severe arthritis, a severe nervous disorder, an
injury caused by a serious accident on oroffthe job, an ongoing pregnancy, a
miscarriag~, a complication or illness related to pregnancy, such as severe morning
. sickness, a need for prenatalcah~, childbirth, and recovery Jrom childbirth, that
involves care or treatment described in subparagraph (A).'.
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SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 V.S.C., 26 I 2(b)(1)) is amended by striking the period at the end of the
sec<?ndsentence and inserting the following: ,', as certified under section 103 by the health care
provider after each leave occurrence. An employer may require an employee to take intermittent
leave in increments of up to 112 of a workday. An employer may require an employee who travels
as part of the normal day-to-day work or duty assignment of the employee and who requests
intermittent leave or leave on a reduced schedule to take leave for the duration of that work or
, assignment if the employer cannot reasonably acc'of!1modate the employee's request.'.
SEC. 5. REQUEST FOR LEAVE.
Section 102(e) (29 U.S.c. 2612(e)) is amencl~d by inserting after paragraph (2) the following:
. '(3) REQUEST FOR LEAVE-If-an employer does not exercise, under subsection (d)(2),
the right to require an employee to substitute other employer-provided leave for leave under
. this title, the employer may require the employee who wants leave under this title to request
the leave in a timely manner. If an employer requires a timely request under this paragraph,
an employee who fails to make a timely request may be denied leave under this title.
:
)
'(4) TIMELINE.SS OF REQUEST FOR LEAVE- For purposes of paragraph (3), a request
for leave shall be considered to be timely if-
.. "(A) in the case of foreseeable leave, ~he employee-
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'(i) provides the applicable advance notice required by paragraphs (1) and (2);
and
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'(ii) submits any written application required by the employer for the leave not
later than 5 working 'days after providing the notice to the employer; and
'.
'(B) in the case of unforeseeable leave; the employee-
'(i) notifies the employer orally ofthe need for the leave-
'(I) not later than the date the leave commences; or
I
'(II) during such additional period as may be necessary, if the employee
is physically or mentall)hncapable of providing the notification; and
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'(ii) submits any writteq application required by the employer for the leave-
,
'(I) not later than 5 working days after providing the notice to the
employer;,or
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'(II) during such adclitional period:as may be necessary, if the employee
is physically or mentally. incapably of submitting the application.'.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.c.
2612(d)(2)}is~ended by adding at the end the following:
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'(C) PAID ABSENCE- Notwithstanding subparagraphs (A) and (B), with respect to
leave provided under subparagraph (D) of subsection (a)(l), where anemployer
provides a paid absence under the employer's collective bargaining agreement, a
welfare benefit plan under the Employee Retirement Income Security Actof 1974 (29
U.S.C. 1001 et seq.), or under any other sick leave, sick pay, or disability plan,
program, or policy of the employer, the employer may require the employee to choose
between the paid absence and unpaid leave provided under this title.".
,
SEC. 7. REGULATIONS.
(a) EXISTING REGULATIONS
(1) REVIEW- Not later than 90 days after the date of enactment of this Act, the Secretary of
Labor shall review all regulations iss1,l~d b~fore that date to ,implement the Family and
Medical Leave Act of 1993 (29 U.S.~.i2601 et seq.), including the regulations published in
sections 825.114 and 825.115 of title 29, Code of Federal Regulations.
;
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(2) TERMINATION- The regulations, and opinion letters promulgated under the
regulations, shall cease to be effective on the effective date of final regulations issued under
subsection (b)(2)(B), except as described in subsection (c).
(b) REVISED REGULATIONS-
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(1) IN GENERAL- The Secretary of Labor shall issue revised regulations implementing the
Family and Medical Leave Act of 1993 that reflect the amendments made by this Act. ,
(2) NEW REGULA TIONS- The Secretary of Labor shall issue-
I
(A) proposed regulations described in paragraph (1) not later than 90 days after the
'
date of enactment of this Act; ana
(B) final regulations described in paragraph (1) not later than 180 days after that date
of enactment.
'
(3)'EFFECTIVE DATE- The final regulations take effect 90 days after the date on which '
the regulations arC;! issued.
(c) TRANSITION- The regulations described in subsection (a) shall apply to 'actions taken by an
employer prior to the effective date of final regulations issued under subsection (b)(2)(B), with
respect to leave under the Family and Medical Leave Act of 1993.
SEC. 8. EFFECTIVE DATE.
r
The amendments made by this Act shall take;effect 180 days after the date of enactment of this
.
..
Act.
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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
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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
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Original Format
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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
Nonstandard Worker/Federal Temps Idea
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 11
<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
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Clinton Presidential Library & Museum
Medium
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Reproduction-Reference
Date Created
Date of creation of the resource.
7/22/2013
Source
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2012-0565-S-nonstandard-worker-federal-temps-idea
7763277