[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Introduced in House (IH)]
<DOC>
103d CONGRESS
1st Session
H. R. 1
To grant family and temporary medical leave under certain
circumstances.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Ford of Michigan (for himself, Mr. Clay, Mr. Miller of California,
Mr. Murphy, Mr. Kildee, Mr. Williams, Mr. Martinez, Mr. Owens, Mr.
Sawyer, Mr. Payne of New Jersey, Ms. Unsoeld, Ms. Mink, Mr. Andrews of
New Jersey, Mr. Reed, Mr. Roemer, Mr. Engel, Mr. Becerra, Mr. Scott,
Mr. Gene Green of Texas, Ms. Woolsey, Mr. Romero-Barcelo, Mr. Klink,
Ms. English of Arizona, Mr. Strickland, Mrs. Schroeder, Mrs. Roukema,
Ms. Snowe, Mr. Swett, Mr. Ford of Tennessee, Mr. Matsui, Mr. Bonior,
Mr. Sanders, Mrs. Kennelly, Mr. Gordon, and Mr. Weldon) introduced the
following bill; which was referred jointly to the Committees on
Education and Labor, Post Office and Civil Service, and House
Administration
January 21, 1993
Additional sponsors: Mr. Gephardt, Mr. Ackerman, Mr. Bacchus of
Florida, Mr. Baesler, Mr. Barrett of Wisconsin, Mr. Berman, Mr.
Bilbray, Mr. Borski, Mr. Brown of California, Ms. Byrne, Mr. Chapman,
Mr. Clyburn, Mr. Conyers, Mr. Costello, Mr. DeFazio, Ms. DeLauro, Mr.
Dellums, Mr. de Lugo, Ms. Eshoo, Mr. Espy, Mr. Faleomavaega, Mr. Fazio,
Mr. Flake, Mr. Foglietta, Mr. Frank of Massachusetts, Mr. Gibbons, Ms.
Harman, Mr. Hinchey, Mr. Holden, Mr. Hyde, Mr. Johnston of Florida, Mr.
Kopetski, Mr. Lehman, Ms. Long, Mr. McCloskey, Mr. McDermott, Mr.
Machtley, Ms. Maloney, Mr. Manton, Mr. Markey, Mr. Mazzoli, Mr. Meehan,
Mr. Mineta, Mrs. Morella, Mr. Murtha, Ms. Norton, Mr. Olver, Mr.
Panetta, Mr. Pastor, Ms. Pelosi, Mr. Peterson of Minnesota, Mr.
Peterson of Florida, Mr. Pomeroy, Mr. Rahall, Mr. Reynolds, Ms. Schenk,
Mr. Schumer, Mr. Shays, Mr. Stark, Mr. Studds, Mr. Stupak, Mr. Swift,
Mr. Vento, Mr. Washington, Mr. Waxman, Mr. Wise, Mr. Wynn, Ms. Brown of
Florida, Mr. Blackwell, Mr. Dooley, Mr. Coleman, Mrs. Collins of
Illinois, Mr. Evans, Mr. Fish, Mr. Levin, Ms. Molinari, Mr. Neal of
Massachusetts, Mr. Oberstar, Mr. Poshard, Mr. Sabo, Ms. Slaughter, Mr.
Smith of New Jersey, Ms. Waters, Mr. Wheat, Mr. Dixon, Mr. Serrano, Mr.
Rangel, Mr. Pallone, Mr. Traficant, Mr. Cardin, Mr. Andrews of Maine,
Mr. Sangmeister, Mr. Wilson, Mr. Edwards of California, Mr. Ravenel,
Mr. Kleczka, and Mr. Durbin
_______________________________________________________________________
A BILL
To grant family and temporary medical leave under certain
circumstances.
Be it enacted by the Senate and House of Representa<gr-thn-eq>tives
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.
Sec. 110. Regulations.
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 congressional employees.
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 any ``employee'', as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), 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; state.--The terms ``employ'' and ``State'' have
the same meanings given such terms in subsections (c) and (g)
of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203 (c) and (g)).
(4) Employee.--The term ``employee'' means any individual
employed by an employer.
(5) 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.
(6) 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)).
(7) 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
<gr-thn-eq>services.
(8) 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
<gr-thn-eq>daughter.
(9) 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)).
(10) Reduced leave schedule.--The term ``reduced leave
schedule'' means leave that reduces the usual number of hours
per workweek, or hours per workday, of an employee.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) Serious health condition.--The term ``serious health
condition'' means an illness, injury, <gr-thn-eq>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.
(13) 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
dis<gr-thn-eq>ability.
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.
(3) Intermittent leave.--
(A) In general.--Leave under subparagraph (A) or
(B) of paragraph (1) shall not be taken by an employee
intermittently unless the em<gr-thn-eq>ployee and the
employer of the employee agree otherwise. Subject to
subparagraph (B), subsection (e)(2), and section
103(b)(5), leave under subparagraph (C) or (D) of
paragraph (1) may be taken intermittently when
medically necessary.
(B) Alternative position.--If an employee requests
intermittent leave under subparagraph (C) or (D) of
paragraph (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--
(i) has equivalent pay and benefits; and
(ii) better accommodates recurring periods
of leave than the regular employment position
of the employee.
(b) Reduced Leave.--On agreement between the employer and the
employee, leave under subsection (a) may be taken on a reduced leave
schedule. Such reduced leave schedule 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.
(c) Unpaid Leave Permitted.--Except as provided in subsection (d),
leave granted under subsection (a) may consist of unpaid leave.
(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 adoption,
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 adoption 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
em<gr-thn-eq>ployee--
(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 <gr-thn-eq>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 em<gr-thn-eq>ployee; and
(5) in the case of certification for intermittent leave for
planned medical treatment, the dates on which such treatment is
expected to be given and the duration of such treatment.
(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 em<gr-thn-eq>ployee.
(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 from the date the employee commenced the leave
until the date the employee is restored under subsection (a).
(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)(i) 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)(ii) 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 re<gr-thn-eq>lated 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
keep and preserve records 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, without limitation, employment,
reinstatement, and promotion.
(2) Standing.--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, unless such action is dismissed without prejudice on
motion of the Secretary, on--
(A) the filing of a complaint by the Secretary in
an action under subsection (d) in which--
(i) restraint is sought of any further
delay in the payment of the damages described
in paragraph (1)(A) to such employee by an
employer liable under paragraph (1) for the
damages; or
(ii) equitable relief is sought as a result
of alleged violations of section 105; or
(B) 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).
(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 on behalf of an
eligible employee the damages described in subsection
(a)(1)(A).
(3) Sums recovered.--Any sums recovered by the Secretary on
behalf of an employee 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 subsection (a) or (b) 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 subsection (b) 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, over an action
brought by the Secretary to restrain violations of section 105,
including actions to restrain the withholding of payment of wages,
salary, employment benefits, or other compensation, plus interest,
found by the court to be due to eligible employees.
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 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 paragraph (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 administrative law judge
or 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 judge or court may, in the discretion of
the judge or 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
shall be assessed a civil money penalty not to exceed $100 for each
separate offense.
SEC. 110. REGULATIONS.
Not later than 60 days after the date of enactment of this title,
the Secretary shall prescribe such regulations as are necessary to
carry out this title.
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
``Sec. 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 leave 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.
``Sec. 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.
``(3)(A) Leave under subparagraph (A) or (B) of paragraph (1) shall
not be taken by an employee intermittently unless the employee and the
employing agency of the employee agree otherwise. Subject to
subparagraph (B), subsection (e)(2), and section 6383(b)(5), leave
under subparagraph (C) or (D) of paragraph (1) may be taken
intermittently when medically necessary.
``(B) If an employee requests intermittent leave under subparagraph
(C) or (D) of paragraph (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--
``(i) has equivalent pay and benefits; and
``(ii) better accommodates recurring periods of leave than
the regular employment position of the employee.
``(b) On agreement between the employing agency and the employee,
leave under subsection (a) may be taken on a reduced leave schedule. In
the case of an employee on a reduced leave schedule, any hours of leave
taken by such employee under such schedule 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.
``(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 adoption 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; 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.
``Sec. 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
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.
``Sec. 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 seniority or 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 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.
``Sec. 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.
``Sec. 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.
``Sec. 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
under 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 (hereinafter referred to in this title as the ``Commission'').
SEC. 302. DUTIES.
The Commission shall--
(1) conduct a comprehensive study of--
(A) existing and proposed policies relating to
leave;
(B) the potential costs, benefits, and impact on
productivity of such policies on employers; and
(C) alternative and equivalent State enforcement of
title I of this Act with respect to employees described
in section 108(a); and
(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 2 ex officio members to be appointed not
later than 60 days after the date of the enactment of this Act
as <gr-thn-eq>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 and shall include
representatives of employers.
(2) Ex officio members.--The Secretary of Health and Human
Services and the Secretary of Labor 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 <gr-thn-eq>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
Com<gr-thn-eq>mission.
(d) Executive Director.--The Commission may appoint an Executive
Director from the personnel of any Federal agency to assist the
Commission in carrying out the duties of the Commission. Any
appointment shall not interrupt or otherwise affect the civil service
status or privileges of the employee appointed.
(e) 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.
(f) 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 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.
(g) 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 and local law that provides greater employee 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 and medical leave
rights to employees than the rights provided under this Act or any
amendment made by this Act.
(b) Less Protective.--The rights provided to 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 sections 401 through 403 not later than 60 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 (e) is invalidated, both such
section 309 and subsection (e) 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 CONGRESSIONAL 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 the resolution in rule LI of
the Rules of the House of Representatives.
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