110 HR 7233 IH: Family and Medical Leave Enhancement U.S. House of Representatives 2008-09-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7233 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.

1.

Short title

This Act may be cited as the Family and Medical Leave Enhancement Act of 2008.

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.

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. .

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).

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).

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. .