[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 83 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 83

 To require employers to provide certain information concerning family 
                 leave policies and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Carr introduced the following bill; which was referred jointly to 
the Committees on Post Office and Civil Service and Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To require employers to provide certain information concerning family 
                leave policies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Family Leave Policy 
Disclosure Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there is a substantial number of 2-parent households in 
        which both parents work, and the number of single-parent 
        households in which the single parent works is increasing 
        significantly;
            (2) it is important for the development of children and the 
        family unit that parents be able to participate in child 
        rearing and the care of children who have serious health 
        conditions;
            (3) one of the most dramatic changes occurring in the 
        United States is the aging of our population, and the elderly 
        increasingly will require care and support from their family 
        members;
            (4) it is important for employers to develop policies that 
        reflect a balance between the demands of the workplace and the 
        needs and responsibilities of families;
            (5) at a minimum, family leave policies should offer (A) 
        temporary family leave in the event of a birth or adoption of a 
        child, for the care of the seriously ill child or family 
        member, or for an employee's serious health condition, and (B) 
        protection of an employee's job and benefit rights; and
            (6) there are conflicting studies, surveys, and other types 
        of information concerning whether employers are adequately 
        addressing the needs of employees to take leave for the purpose 
        of attending to such important family matters.

SEC. 3 EMPLOYER REPORTS CONCERNING FAMILY LEAVE POLICIES.

    (a) In General.--(1) Each Federal, State, or local government 
employer, and each private employer shall submit to the Secretary of 
Labor a report concerning whether, and in what manner, such employer 
provides leave for purposes of the birth or adoption of a child, for 
the care of a seriously ill child or family member, or for a serious 
health condition of the employee. Each such employer shall make a copy 
of such report available to the employer's employees.
    (2) The employer shall report such information to the Secretary of 
Labor not later than the end of the 12-month period beginning after the 
date of the enactment of this Act and at the end of each of the next 2 
succeeding 12-month periods.
    (3) If an employer modifies its family leave policy at any time 
during any such 12-month period, that employer shall inform the 
Secretary of Labor of such modification.
    (4) This Act shall not apply in the case of an employer whose 
business operation is owned and controlled exclusively by members of a 
family who are not more than 1 generation removed from each other by 
blood or marriage.
    (b) Regulations.--(1) Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Labor shall prescribe 
regulations to provide guidance to employers on their reporting 
obligations under this Act. The Secretary shall develop a brief model 
survey form (of not more than 5 pages) for employers to use to report 
information required under this Act.
    (2) Such regulations shall include provisions which encourage 
employers to submit their reports by electronic means.
    (c) Employer Notices.--Employers shall be required to post and keep 
posted, in conspicuous places upon its premises where notices to 
employees and applicants for employment are customarily posted, a 
notice setting forth--
            (1) a summary, prepared by the Secretary of Labor, of the 
        pertinent provisions of this Act, and
            (2) the rights of the employees to inform the Secretary of 
        Labor of violations of this Act.
    (d) Enforcement.--(1) Subject to paragraph (2), any employer who 
fails to file the required report or who provides false or misleading 
information in the report may be assessed a civil penalty not to exceed 
$10,000.
    (2) In determining the amount of the penalty, the Secretary of 
Labor shall take into account the previous record of the person in 
terms of compliance with this Act and the gravity of the violation.
    (3) Any civil penalty assessed under this subsection shall be 
collected in the same manner as is required by subsections (b) through 
(e) of section 503 of the Migrant and Seasonal Agricultural Workers 
Protection Act (29 U.S.C. 1853) with respect to civil penalties 
assessed under subsection (a) of such section.

SEC. 4. REPORT TO CONGRESS.

    Not later than 4 years after the date of the enactment of this Act, 
the Secretary shall analyze the information submitted under this Act 
and submit a report to the Congress concerning the Secretary's analysis 
of such information.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Labor 
such sums as may be necessary to carry out this Act.

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