[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3141 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3141

 To amend the Family and Medical Leave Act of 1993 to expand the scope 
                  of the Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2002

   Mr. Dodd (for himself, Mr. Kennedy, Mrs. Murray, Mrs. Boxer, Mr. 
  Inouye, Mr. Akaka, and Mr. Corzine) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Family and Medical Leave Act of 1993 to expand the scope 
                  of the Act, 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 ``Family and Medical Leave Expansion 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since the enactment of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2601 et seq.), more than 35,000,000 
        Americans have taken leave for family or medical reasons.
            (2) Of those taking leave under the Family and Medical 
        Leave Act of 1993, 52 percent took the leave for their own 
        serious health conditions, and 26 percent took the leave to 
        care for a new child or for maternity disability reasons.
            (3) While the leave provided by the Family and Medical 
        Leave Act of 1993 has proven to be a critical resource for 
        millions of Americans, too many people are left behind because 
        the Act provides only unpaid leave.
            (4) According to a 2000 Department of Labor survey--
                    (A) 3,500,000 Americans needed family and medical 
                leave but could not afford to take time off without 
                pay;
                    (B) nearly four-fifths (78 percent) of those 
                surveyed who needed the leave but did not take it said 
                they could not afford unpaid leave;
                    (C) nine percent of those taking family and medical 
                leave and receiving less than full pay during their 
                longest period of the leave had to go on public 
                assistance to cover their lost wages; and
                    (D) seventy-three percent of those taking family 
                and medical leave had incomes above $30,000.
            (5) In 1970, only 27 percent of mothers with infants under 
        age 1 were in the labor force.
            (6) In 1999, nearly 60 percent of mothers with infants 
        under age 1 were working.
            (7) Worldwide, 128 countries of the 172 responding to an 
        International Social Security Association survey in 1999 
        provided at least some paid and job protected maternity leave, 
        and, on average, provided 16 weeks of basic paid maternity 
        leave. In some countries, paid maternity leave is mandatory and 
        in others it is voluntary.
            (8) A European Union directive mandating 14 weeks of paid 
        maternity leave was adopted as a health and safety measure in 
        1992.
            (9) Among the 29 Organization for Economic Cooperation and 
        Development (OECD) countries, the most advanced industrialized 
        countries, the average period of childbirth-related leave 
        (including maternity, paternity, and parental leaves) is 44 
        weeks (10 months) with additional time provided in some 
        countries for leave to care for a sick child. In those 
        countries, the average duration of paid childbirth-related 
        leave is 36 weeks.
            (10) In more than half of the OECD countries (16 
        countries), the cash benefit provided while on the paid 
        childbirth-related leave replaces between 70 and 100 percent of 
        prior wages.
            (11) Among the OECD countries, adoptive mothers and 
        adoptive parents are increasingly eligible for the paid 
        childbirth-related leave.

      TITLE I--FAMILY INCOME TO RESPOND TO SIGNIFICANT TRANSITIONS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Family Income to Respond to 
Significant Transitions Insurance Act''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to establish a demonstration program that supports the 
        efforts of States and political subdivisions to provide partial 
        or full wage replacement, often referred to as FIRST insurance, 
        to new parents so that the new parents are able to spend time 
        with a new infant or newly adopted child, and to other 
        employees; and
            (2) to learn about the most effective mechanisms for 
        providing the wage replacement assistance.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Employer; son or daughter; state.--The terms 
        ``employer'', ``son or daughter'', and ``State'' have the 
        meanings given the terms in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, acting after consultation with the Secretary of 
        Health and Human Services.

SEC. 104. DEMONSTRATION PROJECTS.

    (a) Grants.--
            (1) In general.--The Secretary shall make grants to 
        eligible entities to pay for the Federal share of the cost of 
        carrying out projects that assist families by providing, 
        through various mechanisms, wage replacement for eligible 
        individuals who are responding to--
                    (A) caregiving needs resulting from the birth or 
                adoption of a son or daughter; or
                    (B) other family caregiving needs.
            (2) Periods.--The Secretary shall make the grants for 
        periods of 5 years.
    (b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a State or political subdivision of a 
State.
    (c) Use of Funds.--
            (1) In general.--An entity that receives a grant under this 
        section may use the funds made available through the grant to 
        provide partial or full wage replacement as described in 
        subsection (a) to eligible individuals--
                    (A) directly;
                    (B) through an insurance program, such as a State 
                temporary disability insurance program or the State 
                unemployment compensation benefit program;
                    (C) through a private disability or other insurance 
                plan, or another mechanism provided by a private 
                employer; or
                    (D) through another mechanism.
            (2) Period.--In carrying out a project under this section, 
        the entity shall provide partial or full wage replacement to 
        eligible individuals for not less than 6 weeks during a period 
        of leave, or an absence from employment, described in 
        subsection (d)(2), during any 12-month period. Wage replacement 
        available to an individual under this paragraph shall be in 
        addition to any compensation from annual or sick leave that the 
        individual may elect to use during a period of leave, or an 
        absence from employment, described in subsection (d)(2), during 
        any 12-month period.
            (3) Administrative costs.--No entity may use more than 10 
        percent of the total funds made available through the grant 
        during the 5-year period of the grant to pay for the 
        administrative costs relating to a project described in 
        subsection (a).
    (d) Eligible Individuals.--To be eligible to receive wage 
replacement under subsection (a), an individual shall--
            (1) meet such eligibility criteria as the eligible entity 
        providing the wage replacement may specify in an application 
        described in subsection (e); and
            (2) be--
                    (A) an individual who is taking leave, under the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.), other Federal, State, or local law, or a private 
                plan, for a reason described in subparagraph (A) or (B) 
                of section 102(a)(1) of the Family and Medical Leave 
                Act of 1993 (29 U.S.C. 2612(a)(1));
                    (B) at the option of the eligible entity, an 
                individual who--
                            (i) is taking leave, under that Act, other 
                        Federal, State, or local law, or a private 
                        plan, for a reason described in subparagraph 
                        (C), (D), (E), or (F) of section 102(a)(1) of 
                        the Family and Medical Leave Act of 1993 (29 
                        U.S.C. 2612(a)(1)); or
                            (ii) leaves employment, and has an absence 
                        from employment, because the individual has 
                        elected to care for a son or daughter under age 
                        1; or
                    (C) at the option of the eligible entity, an 
                individual who has an absence from employment and has 
                other characteristics specified by the eligible entity 
                in an application described in subsection (e).
    (e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary, at 
such time, in such manner, and containing such information as the 
Secretary may require, including, at a minimum--
            (1) a plan for the project to be carried out with the 
        grant;
            (2) information demonstrating that the applicant consulted 
        representatives of employers and employees, including labor 
        organizations, in developing the plan;
            (3) estimates of the costs and benefits of the project;
            (4)(A) information on the number and type of families to be 
        covered by the project, and the extent of such coverage in the 
        area served under the grant; and
            (B) information on any criteria or characteristics that the 
        entity will use to determine whether an individual is eligible 
        for wage replacement under subsection (a), as described in 
        paragraphs (1) and (2)(C) of subsection (d);
            (5) if the project will expand on State and private systems 
        of wage replacement for eligible individuals, information on 
        the manner in which the project will expand on the systems;
            (6) information demonstrating the manner in which the wage 
        replacement assistance provided through the project will assist 
        families in which an individual takes leave or is absent from 
        employment as described in subsection (d)(2); and
            (7) an assurance that the applicant will participate in 
        efforts to evaluate the effectiveness of the project.
    (f) Selection Criteria.--In selecting entities to receive grants 
for projects under this section, the Secretary shall--
            (1) take into consideration--
                    (A) the scope of the proposed projects;
                    (B) the cost-effectiveness, feasibility, and 
                financial soundness of the proposed projects;
                    (C) the extent to which the proposed projects would 
                expand access to wage replacement in response to family 
                caregiving needs, particularly for low-wage employees, 
                in the area served by the grant; and
                    (D) the benefits that would be offered to families 
                and children through the proposed projects; and
            (2) to the extent feasible, select entities proposing 
        projects that utilize diverse mechanisms, including expansion 
        of State unemployment compensation benefit programs, and 
        establishment or expansion of State temporary disability 
        insurance programs, to provide the wage replacement.
    (g) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be--
                    (A) 50 percent for the first year of the grant 
                period;
                    (B) 40 percent for the second year of that period;
                    (C) 30 percent for the third year of that period; 
                and
                    (D) 20 percent for each subsequent year.
            (2) Non-federal share.--The non-Federal share of the cost 
        may be in cash or in kind, fairly evaluated, including plant, 
        equipment, and services and may be provided from State, local, 
        or private sources, or Federal sources other than this title.
    (h) Supplement Not Supplant.--Funds appropriated pursuant to the 
authority of this title shall be used to supplement and not supplant 
other Federal, State, and local public funds and private funds expended 
to provide wage replacement.
    (i) Effect on Existing Rights.--Nothing in this title shall be 
construed to supersede, preempt, or otherwise infringe on the 
provisions of any collective bargaining agreement or any employment 
benefit program or plan that provides greater rights to employees than 
the rights established under this title.

SEC. 105. NOTIFICATION.

    An eligible entity that provides partial or full wage replacement 
to an eligible individual under this title shall notify (in a form and 
manner prescribed by the Secretary)--
            (1) the employer of the individual of the amount of the 
        wage replacement provided; and
            (2) the individual and the employer of the individual that 
        the employer shall count an appropriate period of leave, 
        calculated under section 102(g) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2612(g)), as added by section 108, 
        against the total amount of leave (if any) to which the 
        employee is entitled under section 102(a)(1) of that Act (29 
        U.S.C. 2612(a)(1)).

SEC. 106. EVALUATIONS AND REPORTS.

    (a) Available Funds.--The Secretary shall use not more than 2 
percent of the funds made available under section 107 to carry out this 
section.
    (b) Evaluations.--The Secretary shall, directly or by contract, 
evaluate the effectiveness of projects carried out with grants made 
under section 104, including conducting--
            (1) research relating to the projects, including research 
        comparing--
                    (A) the scope of the projects, including the type 
                of insurance or other wage replacement mechanism used, 
                the method of financing used, the eligibility 
                requirements, the level of the wage replacement benefit 
                provided (such as the percentage of salary replaced), 
                and the length of the benefit provided, for the 
                projects;
                    (B) the utilization of the projects, including the 
                characteristics of individuals who benefit from the 
                projects, particularly low-wage workers, and factors 
                that determine the ability of eligible individuals to 
                obtain wage replacement through the projects; and
                    (C) the costs of and savings achieved by the 
                projects, including the cost-effectiveness of the 
                projects and their benefits for children and families;
            (2) analysis of the overall need for wage replacement; and
            (3) analysis of the impact of the projects on the overall 
        availability of wage replacement.
    (c) Reports.--
            (1) Initial report.--Not later than 3 years after the 
        beginning of the grant period for the first grant made under 
        section 104, the Secretary shall prepare and submit to Congress 
        a report that contains information resulting from the 
        evaluations conducted under subsection (b).
            (2) Subsequent reports.--Not later than 4 years after the 
        beginning of that grant period, and annually thereafter, the 
        Secretary shall prepare and submit to Congress a report that 
        contains--
                    (A) information resulting from the evaluations 
                conducted under subsection (b); and
                    (B) usage data for the demonstration projects, for 
                the most recent year for which the data are available.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$400,000,000 for fiscal year 2003 and such sums as may be necessary for 
each subsequent fiscal year.

SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Section 102 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612) is amended by adding at the end the following:
    ``(g) Relationship to First Insurance.--
            ``(1) Full wage replacement.--If an eligible entity 
        provides full wage replacement to an employee for a period 
        under title I of the Family and Medical Leave Expansion Act, 
        the employee's employer shall count an amount of leave, equal 
        to that period, against the total amount of leave (if any) to 
        which the employee is entitled under subsection (a)(1).
            ``(2) Partial wage replacement.--If an eligible entity 
        provides partial wage replacement to an employee for a period 
        under title I of the Family and Medical Leave Expansion Act, 
        the employee's employer shall--
                    ``(A) total the amount of partial wage replacement 
                provided for that period;
                    ``(B) convert the total into a corresponding amount 
                of full wage replacement provided for a proportionately 
                reduced period; and
                    ``(C) count an amount of leave, equal to the period 
                described in subparagraph (B), against the total amount 
                of leave (if any) to which the employee is entitled 
                under subsection (a)(1).''.
    (b) Technical and Conforming Amendments.--Section 102(d)(2) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)) is amended 
by striking ``for leave'' and inserting ``for any unpaid leave''.

                  TITLE II--FAMILY FRIENDLY WORKPLACES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Family and Medical Leave Fairness 
Act of 2002''.

SEC. 202. COVERAGE OF EMPLOYEES.

    Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii) and (4)(A)(i)) 
are amended by striking ``50'' each place it appears and inserting 
``25''.

          TITLE III--EMPLOYMENT PROTECTION FOR BATTERED WOMEN

SEC. 301. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              NON-FEDERAL EMPLOYEES.

    (a) Definitions.--Section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:
            ``(14) Addressing domestic violence and its effects.--The 
        term `addressing domestic violence and its effects' means--
                    ``(A) being unable to attend or perform work due to 
                an incident of domestic violence;
                    ``(B) seeking medical attention for or recovering 
                from injuries caused by domestic violence;
                    ``(C) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding, related to 
                domestic violence;
                    ``(D) obtaining services from a domestic violence 
                shelter or program or rape crisis center as a result of 
                domestic violence;
                    ``(E) obtaining psychological counseling related to 
                experiences of domestic violence;
                    ``(F) participating in safety planning and other 
                actions to increase safety from future domestic 
                violence, including temporary or permanent relocation; 
                and
                    ``(G) participating in any other activity 
                necessitated by domestic violence that must be 
                undertaken during the hours of employment involved.
            ``(15) Domestic violence.--The term `domestic violence' 
        means domestic violence, and dating violence, as such terms are 
        defined in section 2105 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796hh-4).''.
    (b) Leave Requirement.--Section 102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
                    ``(E) In order to care for the son, daughter, or 
                parent of the employee, if such son, daughter, or 
                parent is addressing domestic violence and its effects.
                    ``(F) Because the employee is addressing domestic 
                violence and its effects, which make the employee 
                unable to perform the functions of the position of such 
                employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--Leave under subparagraph (E) or 
        (F) of subsection (a)(1) may be taken by an eligible employee 
        intermittently or on a reduced leave schedule. 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.''; 
        and
            (3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613) is amended--
            (1) in the title of the section, by inserting before the 
        period the following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(f) Domestic Violence.--In determining if an employee meets the 
requirements of subparagraph (E) or (F) of section 102(a)(1), the 
employer of an employee may require the employee to provide--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
        torn or bloody clothing, or any other damaged property.
    ``(g) Confidentiality.--All evidence provided to the employer under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employer, except to the extent that disclosure is 
requested, or consented to, by the employee for the purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 302. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR 
              FEDERAL EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) at the end of paragraph (5), by striking ``and'';
            (2) in paragraph (6), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(7) the term `addressing domestic violence and its 
        effects' has the meaning given the term in section 101 of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
            ``(8) the term `domestic violence' means domestic violence, 
        and dating violence, as such terms are defined in section 2105 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796hh-4).''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following:
            ``(E) In order to care for the son, daughter, or parent of 
        the employee, if such son, daughter, or parent is addressing 
        domestic violence and its effects.
            ``(F) Because the employee is addressing domestic violence 
        and its effects, which make the employee unable to perform the 
        functions of the position of such employee.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Domestic violence.--Leave under subparagraph (E) or 
        (F) of subsection (a)(1) may be taken by an employee 
        intermittently or on a reduced leave schedule. 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.''; 
        and
            (3) in subsection (d), by striking ``(C), or (D)'' and 
        inserting ``(C), (D), (E), or (F)''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in the title of the section, by adding at the end the 
        following: ``; confidentiality''; and
            (2) by adding at the end the following:
    ``(f) In determining if an employee meets the requirements of 
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of 
an employee may require the employee to provide--
            ``(1) a written statement describing the domestic violence 
        and its effects;
            ``(2) documentation of the domestic violence involved, such 
        as a police or court record, or documentation from a shelter 
        worker, an employee of a domestic violence program, an 
        attorney, a member of the clergy, or a medical or other 
        professional, from whom the employee has sought assistance in 
        addressing domestic violence and its effects; or
            ``(3) other corroborating evidence, such as a statement 
        from any other individual with knowledge of the circumstances 
        that provide the basis for the claim of domestic violence, or 
        physical evidence of domestic violence, such as a photograph, 
        torn or bloody clothing, or other damaged property.
    ``(g) All evidence provided to the employing agency under 
subsection (f) of domestic violence experienced by an employee or the 
son, daughter, or parent of an employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son, daughter, or parent who is addressing, 
domestic violence and its effects, shall be retained in the strictest 
confidence by the employing agency, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            ``(1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            ``(2) assisting in documenting domestic violence for a 
        court or agency.''.

SEC. 303. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.

    (a) Definitions.--In this section:
            (1) Addressing domestic violence and its effects.--The term 
        ``addressing domestic violence and its effects'' has the 
        meaning given the term in section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611), as amended in section 
        301(a).
            (2) Employee.--The term ``employee'' means any person 
        employed by an employer. In the case of an individual employed 
        by a public agency, such term means an individual employed as 
        described in section 3(e) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(e)).
            (3) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 
                individuals, if such person is also subject to the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.) or to any provision of a State or local law, 
                collective bargaining agreement, or employment benefits 
                program or plan, addressing paid or unpaid leave from 
                employment (including family, medical, sick, annual, 
                personal, or similar leave); and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to any employee, and includes a public agency, who is 
                subject to a law, agreement, program, or plan described 
                in subparagraph (A), but does not include any labor 
                organization (other than when acting as an employer) or 
                anyone acting in the capacity of officer or agent of 
                such labor organization.
            (4) Employment benefits.--The term ``employment benefits'' 
        has the meaning given the term in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (5) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (6) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of  the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203).
    (b) Use of Existing Leave.--An employee who is entitled to take 
paid or unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment, pursuant to State or local 
law, a collective bargaining agreement, or an employment benefits 
program or plan, shall be permitted to use such leave for the purpose 
of addressing domestic violence and its effects, or for the purpose of 
caring for a son or daughter or parent of the employee, if such son or 
daughter or parent is addressing domestic violence and its effects.
    (c) Certification.--In determining whether an employee qualifies to 
use leave as described in subsection (b), an employer may require a 
written statement, documentation of domestic violence, or corroborating 
evidence consistent with section 103(f) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2613(f)), as amended by section 301(c).
    (d) Confidentiality.--All evidence provided to the employer under 
subsection (c) of domestic violence experienced by an employee or the 
son or daughter or parent of the employee, including a statement of an 
employee, any other documentation or corroborating evidence, and the 
fact that an employee has requested leave for the purpose of 
addressing, or caring for a son or daughter or parent who is 
addressing, domestic violence and its effects, shall be retained in the 
strictest confidence by the employer, except to the extent that 
disclosure is requested, or consented to, by the employee for the 
purpose of--
            (1) protecting the safety of the employee or a family 
        member or co-worker of the employee; or
            (2) assisting in documenting domestic violence for a court 
        or agency.
    (e) Prohibited Acts.--
            (1) Interference with rights.--
                    (A) 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 section.
                    (B) Discrimination.--It shall be unlawful for any 
                employer to discharge or in any other manner 
                discriminate against an individual for opposing any 
                practice made unlawful by this section.
            (2) 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--
                    (A) has filed any charge, or had instituted or 
                caused to be instituted any proceeding, under or 
                related to this section;
                    (B) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under this section; or
                    (C) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this section.
    (f) Enforcement.--
            (1) Public enforcement.--The Secretary of Labor shall have 
        the powers set forth in subsections (b), (c), (d), and (e) of 
        section 107 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2617) for the purpose of public agency enforcement of 
        any alleged violation of subsection (e) against any employer.
            (2) Private enforcement.--The remedies and procedures set 
        forth in section 107(a) of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2617(a)) shall be the remedies and procedures 
        pursuant to which an employee may initiate a legal action 
        against an employer for alleged violations of subsection (e).
            (3) References.--For purposes of paragraph (1) and (2), 
        references in section 107 of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2617) to section 105 of such Act (29 U.S.C. 
        2615) shall be considered to be references to subsection (e).
            (4) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer to an employee for harm suffered relating to the 
        employee's experience of domestic violence pursuant to any 
        other Federal or State law, including a law providing for a 
        legal remedy.

            TITLE IV--FEDERAL EMPLOYEES PAID PARENTAL LEAVE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Federal Employees Paid Parental 
Leave Act of 2002''.

SEC. 402. DEMONSTRATION PROJECT.

    Subchapter V of chapter 63 of title 5, United States Code, is 
amended--
            (1) by redesignating section 6387 as section 6388; and
            (2) by inserting after section 6386 the following:
``Sec. 6387. Paid leave demonstration project
    ``(a) The Office of Personnel Management may, through an agreement 
or contract with 1 or more employing agencies described in subsection 
(b), conduct under section 4703 a demonstration project that assists 
families by providing paid leave for eligible individuals who are 
responding to--
            ``(1) caregiving needs resulting from the birth or adoption 
        of a son or daughter; or
            ``(2) other family caregiving needs.
    ``(b) In carrying out a project under this section, an employing 
agency of 1 or more employees shall provide partial or full paid leave 
to eligible individuals for not less than 6 weeks during a period of 
leave, or an absence from employment, described in subsection (c)(2), 
during any 12-month period. Paid leave available to an individual under 
this subsection shall be in addition to any annual or sick leave that 
the individual may elect to use during a period of leave, or an absence 
from employment, described in subsection (c)(2), during any 12-month 
period.
    ``(c) To be eligible to receive paid leave under subsection (a), an 
individual shall--
            ``(1) be an employee who meets such eligibility criteria as 
        the Office of Personnel Management may specify in a plan 
        described in section 4703(b); and
            ``(2) be--
                    ``(A) an individual who is taking leave, under this 
                subchapter, or other Federal law, for a reason 
                described in subparagraph (A) or (B) of section 
                6382(a)(1);
                    ``(B) at the option of the Office of Personnel 
                Management, an individual who--
                            ``(i) is taking leave, under this 
                        subchapter, or other Federal law, for a reason 
                        described in subparagraph (C), (D), (E), or (F) 
                        of section 6382(a)(1); or
                            ``(ii) leaves employment, and has an 
                        absence from employment, because the individual 
                        has elected to care for a son or daughter under 
                        age 1; or
                    ``(C) at the option of the Office of Personnel 
                Management, an individual who has an absence from 
                employment and has other characteristics specified by 
                the Office of Personnel Management in a plan described 
                in section 4703(b).
    ``(d) An employing agency that provides partial or full paid leave 
to an eligible individual under this section shall notify (in a form 
and manner prescribed by the Office of Personnel Management) the 
individual that the employing agency shall count an appropriate period 
of leave, calculated under section 6382(f), against the total amount of 
leave (if any) to which the employee is entitled under section 
6382(a)(1).
    ``(e)(1) A demonstration project conducted under this section shall 
not be counted toward the 10-project limit established in section 
4703(d)(2).
    ``(2) The Office of Personnel Management may provide a waiver for 
the demonstration project in accordance with section 4703, except that 
section 4703(c)(1) shall not apply to such a waiver.
    ``(f)(1) There are authorized to be appropriated to carry out this 
section $400,000,000 for fiscal year 2003 and such sums as may be 
necessary for each subsequent fiscal year.
    ``(2) Funds appropriated under paragraph (1) may be allocated as 
described in section 4704.''.

SEC. 403. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Section 6382 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) If an employing agency provides an amount of full paid 
leave to an employee for a period under section 6387, the employing 
agency shall count an amount of leave, equal to that period, against 
the total amount of leave (if any) to which the employee is entitled 
under subsection (a)(1).
    ``(2) If an employing agency provides an amount of partial paid 
leave to an employee for a period under section 6387, the employing 
agency shall--
                    ``(A) total the amount of partial paid leave 
                provided for that period;
                    ``(B) convert the total into a corresponding amount 
                of full paid leave provided for a proportionately 
                reduced period; and
                    ``(C) count an amount of leave, equal to the period 
                described in subparagraph (B), against the total amount 
                of leave (if any) to which the employee is entitled 
                under subsection (a)(1).''.
    (b) Technical and Conforming Amendments.--Section 6382 of title 5, 
United States Code, is amended--
            (1) in subsection (c), by striking ``(d),'' and inserting 
        ``(d) or section 6387,''; and
            (2) in subsection (d), by inserting ``any unpaid'' after 
        ``substitute for''.
    (c) Table of Sections.--The table of sections for chapter 63 of 
title 5, United States Code, is amended by striking the item relating 
to section 6387 and inserting the following:

``6387. Paid leave demonstration project.
``6388. Regulations.''.

SEC. 404. EFFECTIVE DATE.

    The amendments made by this title shall not be effective with 
respect to any birth or placement occurring before the end of the 6-
month period beginning on the date of enactment of this Act.
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