[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Enrolled Bill (ENR)]

      H.R.1
                       One Hundred Third Congress
                                 of the
                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 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.
Sec. 104. Employment and benefits protection.
Sec. 105. Prohibited acts.
Sec. 106. Investigative authority.
Sec. 107. Enforcement.
Sec. 108. Special rules concerning employees of local educational 
          agencies.
Sec. 109. Notice.

               TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES

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 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 employment 
    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 FOR LEAVE

SEC. 101. 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 
            employer during the previous 12-month period.
            (B) Exclusions.--The term ``eligible employee'' does not 
        include--
                (i) any Federal officer or employee covered 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) Determination.--For purposes of determining whether an 
        employee meets the hours of service requirement specified in 
        subparagraph (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 in 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--

                    (I) 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 biological 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 of 1938 (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 workday, 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 residential 
        medical care facility; or
            (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 mental 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 of leave 
    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 a son or daughter shall expire at the 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 be taken 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 of leave 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) Unpaid 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. 213(a)(1)), 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 of leave necessary to attain 
    the 12 workweeks of leave 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 employee.--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 12-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 of the eligible 
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 employer.
    (b) Sufficient Certification.--Certification provided under 
subsection (a) shall be sufficient if it 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 purposes 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 of leave under section 102(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 dates on which such treatment is expected to be given and the 
    duration of such treatment;
        (6) in the case of certification for intermittent leave, or 
    leave on a reduced leave schedule, under section 102(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 102(a)(1)(C), a 
    statement that 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 of the certification provided under subsection 
    (a) for leave under subparagraph (C) or (D) of section 102(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.
    (e) Subsequent Recertification.--The employer may require that the 
eligible employee obtain subsequent recertifications on a reasonable 
basis.

SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

    (a) Restoration to Position.--
        (1) In general.--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 date 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 the 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 that 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 commenced, 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 Health Benefits.--
        (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 if the employee had continued in 
    employment continuously for the duration of such leave.
        (2) Failure to return from leave.--The employer may recover the 
    premium that the employer paid for maintaining coverage 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 a serious 
            health condition that entitles the employee to leave under 
            subparagraph (C) or (D) of section 102(a)(1); or
                (ii) other circumstances beyond the control 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 in any other manner discriminate against any individual 
    for opposing any practice made unlawful by this title.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner discriminate 
against any 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 compliance with the provisions of this 
title, or any regulation or order issued under this title, the Secretary 
shall have, subject to subsection (c), the investigative authority 
provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(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 the 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, fund, or program to 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 of 1938 (29 
U.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
                (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 amount 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 any one 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 responsible 
        under paragraph (1) for the payment; or
            (B) on the filing of a complaint by the Secretary in an 
        action under subsection (b) in which a recovery is sought of the 
        damages described in paragraph (1)(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.--
        (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 event constituting 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 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 of the 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 Laws.--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) that is 
    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 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) Application.--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.--If the 
    eligible employee begins leave under section 102 more than 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 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.--If the 
    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.--If the 
    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 
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. 201. LEAVE REQUIREMENT.

    (a) Civil Service Employees.--
        (1) In general.--Chapter 63 of title 5, United States Code, is 
    amended by adding at the end the following new subchapter:

                ``SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

``§6381. Definitions

    ``For the purpose of this subchapter--
        ``(1) the term `employee' means any individual who--
            ``(A) is an `employee', as defined by section 6301(2), 
        including any individual employed in a position referred to in 
        clause (v) or (ix) 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
            ``(B) has completed at least 12 months of service as an 
        employee (within the meaning of subparagraph (A));
        ``(2) 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; 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 `serious health condition' means an illness, 
    injury, impairment, or physical or mental condition that involves--
            ``(A) inpatient care in a hospital, 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--
            ``(A) under 18 years of age; or
            ``(B) 18 years of age or older and incapable of self-care 
        because of a mental or physical disability.

``§6382. Leave requirement

    ``(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:
        ``(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 employee's position.
    ``(2) The entitlement to leave under subparagraph (A) or (B) of 
paragraph (1) based on the birth or placement of a son or daughter shall 
expire at the end of the 12-month period beginning on the date of such 
birth or placement.
    ``(b)(1) 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 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)(1) 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)(1), 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
        ``(B) better accommodates recurring periods of leave than the 
    regular employment position of the employee.
    ``(c) Except as provided in subsection (d), leave granted under 
subsection (a) shall be leave without pay.
    ``(d) An employee may elect to substitute for leave under 
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the 
employee's accrued or accumulated annual or sick leave under subchapter 
I for any part of the 12-week period of leave 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.
    ``(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 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 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
        ``(B) 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.
    ``(b) A certification provided under subsection (a) shall be 
sufficient if it 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 purposes of leave 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 of leave 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.
    ``(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 (D) 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 of the 
agency, that the employee obtain subsequent recertifications on a 
reasonable basis.

``§6384. Employment and benefits protection

    ``(a) Any employee who takes leave under section 6382 for the 
intended purpose of the leave shall be entitled, upon return from such 
leave--
        ``(1) 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 equivalent 
    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 commenced.
    ``(c) Except as otherwise provided by or under law, nothing in this 
section shall be construed to entitle any restored employee to--
        ``(1) 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 such 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 section--
        ``(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 plan under 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 subchapter. The regulations 
prescribed under this subchapter shall, to the extent appropriate, be 
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;
            (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 representatives.--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) Vacancies.--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.
    (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 holding 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 section 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 of title 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 of title 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 Laws.--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 of 
race, 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 of any 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.

    (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 this 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 III.--Title III shall take effect on the date 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. 501. 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 of the Government Employee Rights Act of 1991 (2 U.S.C. 
    1204-1213) shall, except 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.
        (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 of Senate 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 of 
the 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 ``employing office'' 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 
Representatives.
    (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:
        (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 the results 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.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.