[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 476 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 476

To amend the Family and Medical Leave Act of 1993 to allow employees to 
take, as additional leave, parental involvement leave to participate in 
    or attend their children's and grandchildren's educational and 
 extracurricular activities and to clarify that leave may be taken for 
 routine family medical needs and to assist elderly relatives, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2005

Mrs. Maloney (for herself, Ms. DeLauro, Mr. Weiner, Mr. Van Hollen, Mr. 
George Miller of California, Mr. Frank of Massachusetts, Mr. McGovern, 
 Mr. Owens, Mr. Berman, Mr. Lantos, Mr. Bishop of New York, Mr. Engel, 
     Mr. Al Green of Texas, Mr. Baird, Mr. Towns, Mr. Crowley, Mr. 
McDermott, Mr. Grijalva, Ms. Jackson-Lee of Texas, Mr. Butterfield, Mr. 
Evans, Mr. Waxman, Mr. Sanders, Mr. Payne, and Mr. Hastings of Florida) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committees on 
    Government Reform and House Administration, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Family and Medical Leave Act of 1993 to allow employees to 
take, as additional leave, parental involvement leave to participate in 
    or attend their children's and grandchildren's educational and 
 extracurricular activities and to clarify that leave may be taken for 
 routine family medical needs and to assist elderly relatives, 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 Enhancement 
Act of 2005''.

SEC. 2. ELIGIBLE EMPLOYEE.

    Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each 
place it appears and inserting ``fewer than 25''.

SEC. 3. ADDITIONAL ENTITLEMENT TO LEAVE FOR PARENTAL INVOLVEMENT.

    (a) Leave Requirement.--Section 102(a) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end 
the following new paragraph:
            ``(3) Entitlement to additional leave for parental 
        involvement.--
                    ``(A) In general.--Subject to section 103(f), in 
                addition to leave available under paragraph (1), an 
                eligible employee shall be entitled to a total of four 
                hours of leave during any 30-day period, and a total of 
                24 hours of leave during any 12-month period to 
                participate in or attend an activity that--
                            ``(i) is sponsored by a school or community 
                        organization; and
                            ``(ii) relates to a program of the school 
                        or organization that is attended by a son or 
                        daughter or a grandchild of the employee.
                    ``(B) Definitions.--As used in this paragraph:
                            ``(i) School.--The term `school' means an 
                        elementary school or secondary school (as such 
                        terms are defined in the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6301 
                        et seq.)), a Head Start program assisted under 
                        the Head Start Act (42 U.S.C. 9831 et seq.), 
                        and a child care facility licensed under State 
                        law.
                            ``(ii) Community organization.--The term 
                        `community organization' means a private 
                        nonprofit organization that is representative 
                        of a community or a significant segment of a 
                        community and provides activities for 
                        individuals described in subparagraph (A) or 
                        (B) of section 101(12), such as a scouting or 
                        sports organization.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the second sentence the following new 
sentence: ``Leave under subsection (a)(3)(A) may be taken 
intermittently or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act 
(29 U.S.C. 2612(d)(2)(A)) is amended by inserting after ``subsection 
(a)(1)'' the following: ``or under subsection (a)(3)(A)''.
    (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) 
is amended by adding at the end the following new sentence: ``In any 
case in which an employee requests leave under subsection (a)(3)(A), 
the employee shall provide the employer with not less than seven days' 
notice, before the date the leave is to begin, of the employee's 
intention to take leave under such subsection.''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following new subsection:
    ``(f) Certification for Parental Involvement Leave.--An employer 
may require that a request for leave under section 102(a)(3)(A) be 
supported by a certification issued at such time and in such manner as 
the Secretary may by regulation prescribe.''.

SEC. 4. ENTITLEMENT TO LEAVE FOR CIVIL SERVANTS FOR PARENTAL 
              INVOLVEMENT.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(3)(A) Subject to section 6383(f), in addition to leave available 
under paragraph (1), an employee shall be entitled to a total of four 
hours of leave during any 30-day period, and a total of 24 hours of 
leave during any 12-month period to participate in or attend an 
activity that--
            ``(i) is sponsored by a school or community organization; 
        and
            ``(ii) relates to a program of the school or organization 
        that is attended by a son or daughter or a grandchild of the 
        employee.
    ``(B) For the purpose of this paragraph:
            ``(i) The term `school' means an elementary school or 
        secondary school (as such terms are defined in the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), 
        a Head Start program assisted under the Head Start Act (42 
        U.S.C. 9831 et seq.), and a child care facility licensed under 
        State law.
            ``(ii) The term `community organization' means a private 
        nonprofit organization that is representative of a community or 
        a significant segment of a community and provides activities 
        for individuals described in subparagraph (A) or (B) of section 
        6381(6), such as a scouting or sports organization.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended by 
inserting after the second sentence the following new sentence: ``Leave 
under subsection (a)(3)(A) may be taken intermittently or on a reduced 
leave schedule.''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended by inserting before ``, except'' the following: ``, or for 
leave provided under subsection (a)(3)(A) any of the employee's accrued 
or accumulated annual leave under subchapter I for any part of the 24-
hour period of such leave under such subsection''.
    (d) Notice.--Section 6382(e)(1) of such title is amended by adding 
at the end the following new sentence: ``In any case in which an 
employee requests leave under subsection (a)(3)(A), the employee shall 
provide the employing agency with not less than seven days' notice, 
before the date the leave is to begin, of the employee's intention to 
take leave under such subsection.''.
    (e) Certification.--Section 6383 of such title is amended by adding 
at the end the following new subsection:
    ``(f) An employing agency may require that a request for leave 
under section 6382(a)(3)(A) be supported by a certification issued at 
such time and in such manner as the Office of Personnel Management may 
by regulation prescribe.''.

SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE.

    (a) In General.--Section 102(a)(1) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612(a)(1)) and section 6382(a)(1) of title 5, 
United States Code, are each amended by adding at the end the following 
new subparagraphs:
                    ``(E) In order to meet routine family medical care 
                needs, including transportation of a son or daughter or 
                a grandchild for medical and dental appointments for 
                annual checkups and vaccinations.
                    ``(F) In order to meet the routine family medical 
                care needs of elderly individuals who are related to 
                the eligible employee, including visits to nursing 
                homes and group homes.''.
    (b) Schedule.--
            (1) Family and medical leave act of 1993.--The first 
        sentence of section 102(b)(1) of such Act (29 U.S.C. 
        2612(b)(1)) is amended by striking ``subparagraph (A) or (B)'' 
        and inserting ``subparagraph (A), (B), (E), or (F)''.
            (2) Title 5.--The first sentence of section 6382(b)(1) of 
        such title is amended by striking ``subparagraph (A) or (B)'' 
        and inserting ``subparagraph (A), (B), (E), or (F)''.
    (c) Substitution of Paid Leave.--
            (1) Family and medical leave act of 1993.--Section 
        102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) (as amended 
        by section 3(c)) is further amended by striking ``subparagraph 
        (A), (B), or (C)'' and inserting ``subparagraph (A), (B), (C), 
        (E), or (F)''.
            (2) Title 5.--Section 6382(d) of such title (as amended by 
        section 4(c)) is further amended by striking ``subparagraph 
        (A), (B), (C), or (D)'' and inserting ``subparagraph (A), (B), 
        (C), (D), (E), or (F)''.
    (d) Notice.--
            (1) Family and medical leave act of 1993.--The first 
        sentence of section 102(e)(1) of such Act (29 U.S.C. 
        2612(e)(1)) (as created by the amendment made by section 3(d)) 
        is amended by striking ``subparagraph (A) or (B)'' and 
        inserting ``subparagraph (A), (B), (E), or (F)''.
            (2) Title 5.--The first sentence of section 6382(e)(1) of 
        such title (as created by the amendment made by section 4(d)) 
        is amended by striking ``subparagraph (A) or (B)'' and 
        inserting ``subparagraph (A), (B), (E), or (F)''.
    (e) Spouses Employed by Same Employer.--Section 102(f)(1) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended 
by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph 
(A), (B), (E), or (F)''.
    (f) Certification.--
            (1) Family and medical leave act of 1993.--Section 103 of 
        such Act (29 U.S.C. 2613) (as amended by section 3(e)) is 
        further amended by adding at the end the following new 
        subsection:
    ``(g) Certification for Routine Family Medical Care Needs.--An 
employer may require that a request for leave under subparagraph (E) or 
(F) of section 102(a)(1) be supported by a certification issued at such 
time and in such manner as the Secretary may by regulation 
prescribe.''.
            (2) Title 5.--Section 6383 of such title (as amended by 
        section 4(e)) is further amended by adding at the end the 
        following new subsection:
    ``(g) An employing agency may require that a request for leave 
under subparagraph (E) or (F) of section 6382(a)(1) be supported by a 
certification issued at such time and in such manner as the Office of 
Personnel Management may by regulation prescribe.''.

SEC. 6. DEFINITION OF GRANDCHILD.

    (a) Non-Civil-Service Employees.--Section 101 of the Family and 
Medical Leave Act (29 U.S.C. 2611) is amended by adding at the end the 
following new paragraph:
            ``(14) Grandchild.--The term `grandchild' means a son or 
        daughter of an employee's child.''.
    (b) Civil Service Employees.--Section 6381 of title 5, United 
States Code, is amended--
            (1) in paragraph (5)(B), by striking ``and'' at the end;
            (2) in paragraph (6)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) the term `grandchild' means a son or daughter of an 
        employee's child.''.
                                 <all>