[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7233 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7233

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

                           September 29, 2008

Mrs. Maloney of New York (for herself, Mr. George Miller of California, 
Mr. McDermott, Mr. Hastings of Florida, Mr. Al Green of Texas, and Ms. 
Jackson-Lee of Texas) introduced the following bill; which was referred 
    to the Committee on Education and Labor, and in addition to the 
Committees on Oversight and 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 2008''.

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. ENTITLEMENT TO ADDITIONAL 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:
            ``(5) Entitlement to additional leave for parental 
        involvement.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                section 103(g), an eligible employee shall be entitled 
                to leave under this paragraph 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) Limitations.--
                            ``(i) In general.--An eligible employee is 
                        entitled to--
                                    ``(I) not to exceed 4 hours of 
                                leave under this paragraph during any 
                                30-day period; and
                                    ``(II) not to exceed 24 hours of 
                                leave under this paragraph during any 
                                12-month period.
                            ``(ii) Coordination rule.--Leave under this 
                        paragraph shall be in addition to any leave 
                        provided under any other paragraph of this 
                        subsection.
                    ``(C) Definitions.--As used in this paragraph:
                            ``(i) School.--The term `school' means an 
                        elementary school or secondary school (as such 
                        terms are defined in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801)), 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 third sentence the following new 
sentence: ``Leave under subsection (a)(5) may be taken intermittently 
or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 
U.S.C. 2612(d)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Parental involvement leave.--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 any leave under subsection (a)(5).''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is 
amended by adding at the end the following new paragraph:
            ``(4) Notice relating to parental involvement leave.--In 
        any case in which an employee requests leave under paragraph 
        (5) of subsection (a), the employee shall provide the employer 
        with not less than 7 days' notice, before the date the leave is 
        to be taken, of the employee's intention to take leave under 
        such paragraph.''.
    (e) Spouses Employed by the Same Employer.--Section 102(f) of such 
Act (29 U.S.C. 2612(f)) is amended by adding at the end the following 
new paragraph:
            ``(3) Parental involvement leave.--In any case in which a 
        husband and wife entitled to leave under paragraph (5) of 
        subsection (a) are employed by the same employer, the aggregate 
        amount of leave to which both may be entitled under such 
        paragraph may be limited to--
                    ``(A) 4 hours during the same 30-day period; and
                    ``(B) 24 hours during the same 12-month period.''.
    (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following new subsection:
    ``(g) Certification Related to Parental Involvement Leave.--An 
employer may require that a request for leave under section 102(a)(5) 
be supported by a certification issued at such time and in such manner 
as the Secretary may by regulation prescribe.''.

SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE 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:
    ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an 
employee shall be entitled to leave under this paragraph 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)(i) An employee is entitled to--
            ``(I) not to exceed 4 hours of leave under this paragraph 
        during any 30-day period; and
            ``(II) not to exceed 24 hours of leave under this paragraph 
        during any 12-month period.
    ``(ii) Leave under this paragraph shall be in addition to any leave 
provided under any other paragraph of this subsection.
    ``(C) For the purpose of this paragraph--
            ``(i) the term `school' means an elementary school or 
        secondary school (as such terms are defined in section 9101 of 
        the Elementary and Secondary Education Act of 1965), a Head 
        Start program assisted under the Head Start Act, and a child 
        care facility licensed under State law; and
            ``(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--
            (1) by inserting after the second sentence the following 
        new sentence: ``Leave under subsection (a)(5) may be taken 
        intermittently or on a reduced leave schedule.''; and
            (2) in the last sentence, by striking ``involved,'' and 
        inserting ``involved (or, in the case of leave under subsection 
        (a)(5), for purposes of any 30-day or 12-month period),''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended by adding at the end the following new sentence: ``An employee 
may elect to substitute for leave under subsection (a)(5), any of the 
employee's accrued or accumulated annual leave under subchapter I.''.
    (d) Notice.--Section 6382(e) of such title is amended by adding at 
the end the following new paragraph:
    ``(3) In any case in which an employee requests leave under 
paragraph (5) of subsection (a), the employee shall provide the 
employing agency with not less than 7 days' notice, before the date the 
leave is to be taken, of the employee's intention to take leave under 
such paragraph.''.
    (e) Certification.--Section 6383(f) of such title is amended by 
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 
6382(a)''.

SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE.

    (a) In General.--
            (1) Family and medical leave act of 1993.--Section 
        102(a)(1) of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2612(a)(1)) is amended by adding at the end the 
        following new subparagraphs:
                    ``(F) In order to meet routine family medical care 
                needs, including transportation of a son, daughter, or 
                grandchild for medical and dental appointments for 
                annual checkups and vaccinations.
                    ``(G) 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.''.
            (2) Title 5.--Section 6382(a)(1) of title 5, United States 
        Code, is 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, daughter, or 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 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), (F), or (G)''.
            (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) of such Act (29 U.S.C. 2612(d)(2)) is amended by 
        adding after subparagraph (C) (as added by section 3(c)) the 
        following new subparagraph:
                    ``(D) Routine family medical care needs.--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 (F) or (G) 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.''.
            (2) Title 5.--Section 6382(d) of such title is amended by 
        striking ``or (D)'' and inserting ``(D), (E), or (F)''.
    (d) Notice.--
            (1) Family and medical leave act of 1993.--Section 102(e) 
        of such Act (29 U.S.C. 2612(e)) is amended by adding after 
        paragraph (4) (as added by section 3(d)) the following new 
        paragraph:
            ``(5) Routine family medical care needs.--In any case in 
        which the necessity for leave under subparagraph (F) or (G) of 
        subsection (a)(1) is foreseeable based on a planned 
        appointment, visit, or other commitment, the employee--
                    ``(A) shall make a reasonable effort to schedule 
                the leave so as not to disrupt unduly the operations of 
                the employer, subject to the approval of the health 
                care provider involved (if any); and
                    ``(B) shall provide the employer with not less than 
                30 days' notice, before the day the leave is to be 
                taken, of the employee's intention to take leave under 
                such subparagraph, except that if the leave is to be 
                taken in less than 30 days, the employee shall provide 
                such notice as is practicable.''.
            (2) Title 5.--Section 6382(e) of such title is amended by 
        adding after paragraph (3) (as added by section 4(d)) the 
        following new paragraph:
            ``(4) In any case in which the necessity for leave under 
        subparagraph (E) or (F) of subsection (a)(1) is foreseeable 
        based on a planned appointment, visit, or other commitment, the 
        employee--
                    ``(A) shall make a reasonable effort to schedule 
                the leave so as not to disrupt unduly the operations of 
                the employer, subject to the approval of the health 
                care provider involved (if any); and
                    ``(B) shall provide the employer with not less than 
                30 days' notice, before the day the leave is to be 
                taken, of the employee's intention to take leave under 
                such subparagraph, except that if the leave is to be 
                taken in less than 30 days, the employee shall provide 
                such notice as is practicable.''.
    (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), (F), or (G)''.
    (f) Certification.--
            (1) Family and medical leave act of 1993.--Section 103(g) 
        of such Act, as added by section 3(f), is amended by striking 
        ``102(a)(5)'' and inserting ``paragraph (1)(F), (1)(G), or (5) 
        of section 102(a)''.
            (2) Title 5.--Section 6383(f) of such title (as amended by 
        section 4(e)) is further amended by striking ``paragraph (3) or 
        (5)'' (as inserted by section 4(e)) and inserting the 
        following: ``paragraph (1)(E), (1)(F), (3), or (5)''.

SEC. 6. DEFINITION OF GRANDCHILD.

    (a) Non-Civil-Service Employees.--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 new paragraph:
            ``(14) Grandchild.--The term `grandchild' means a son or 
        daughter of an employee's son or daughter.''.
    (b) Civil Service Employees.--Section 6381 of title 5, United 
States Code, is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) the term `grandchild' means a son or daughter of an 
        employee's son or daughter.''.
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