1.This Act may be cited as the
Family Leave Insurance Act of
2009
.
2.Congress finds the
following:
(1)Since its passage,
the Family and Medical Leave Act of 1993 (referred to in this section as the
FMLA
) has assisted millions of employees in balancing the
demands of their jobs with their family responsibilities. However, many
eligible employees are not able to utilize the benefits of the FMLA because
FMLA leave is unpaid. According to a 2000 survey on the FMLA by the Department
of Labor, among those employees who need FMLA leave and don’t take it, 78
percent don’t take it because they can’t afford it.
(2)An analysis of
national data from the 2000 FMLA survey by the Center for Women and Work at
Rutgers University suggests that employees suffer severe financial hardship in
order to be responsible family members and provide minor children and aging
parents with the care they need. For example, among employees who needed to
care for a seriously ill child—
(A)42 percent took
time off even though they received no pay while doing so;
(B)46 percent
received full or partial pay during at least part of the time off (including
receiving pay for reasons such as use of vacation time); and
(C)12 percent could
not take time off to care for the child due to lack of pay.
(3)Americans who
provide direct care for their family members prevent the worsening of illnesses
and promote strong recovery. For example, the length of a child’s stay in the
hospital decreases by 31 percent when parents are able to be present.
(4)Forty-three
percent of private sector employees do not have access to paid sick leave, as
reported in the Bureau of Labor Statistics National Compensation Survey in
March 2006. Of those employees who do have paid sick leave, many are not able
to use their own sick leave to receive payment while caring for family members
who are ill.
(5)Family and medical
leave benefits strengthen and support the business sector through health care
savings and increased employee retention and productivity.
(6)A 2008 Harvard Law study on foreclosure
trends found that 49 percent of all respondents’ foreclosures were caused, at
least in part, by a medical crisis—including loss of work due to illness or
injury, unmanageable medical bills, or caring for an ill family member. The
State of California, where workers have access to paid family medical leave
benefits, had a lower rate of foreclosure caused by caring for a sick household
member.
(7)Demographic
changes over the past few decades have altered the face and needs of the
workforce. It is now common for both parents to be in the workforce and for men
and women to also serve as the primary caregivers for elderly spouses or
parents.
(8)According to the
Bureau of the Census and the Bureau of Labor Statistics, 56 percent of women
with children under age 1 are in the labor force, while 71 percent of all women
with dependent children under age 18 are in the labor force.
(9)Nearly
2/3 of Americans under the age of 60 expect to be
responsible for the care of an elderly relative in the next 10 years.
3.
(a)The definitions provided by section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611), other than the definitions of the
terms son or daughter, shall apply for purposes of this
Act.
(b)In this Act, the following additional definitions
shall apply:
(1)The term Board of Trustees means the Board
of Trustees of the Insurance Fund.
(2)The term covered
agency, when used with respect to a State, means the State agency
referred to in paragraph (1) of section 102(b), or the Commissioner of Social
Security if the Commissioner is carrying out the State Family and Medical
Insurance Program in the State under paragraph (2) of such section.
(3)The term
domestic partner means—
(A)the person
recognized as the domestic partner of the employee under any domestic partner
registry or civil union laws of the State or political subdivision of a State
where the employee resides;
(B)a same-sex spouse
as determined under the applicable law of the State or political subdivision of
a State where the employee resides; or
(C)in the case of an
unmarried employee who lives in a State where a person cannot marry a person of
the same sex under the laws of the State, a single, unmarried adult person of
the same sex as the employee who is in a committed, intimate relationship with
the employee, is not a domestic partner to any other person, and who is
designated to the employer by such employee as that employee's domestic
partner.
(4)The term Insurance Fund means the Family and
Medical Leave Insurance Fund established under section 301.
(5)The term Managing Trustee means the Managing
Trustee of the Board of Trustees of the Insurance Fund.
(6)The term son or daughter means a
biological, adopted, or foster child, a stepchild, a legal ward, a child of a
person’s domestic partner, or a child of a person standing in loco parentis,
who is—
(A)under 18 years of
age; or
(B)18 years of age or
older and incapable of self-care because of a mental or physical
disability.
<enum>I</enum><header>Family and medical
leave insurance program</header>
<section id="HAF6C0D6AEF834AB69635CB9CAAFC5F0A"><enum>101.</enum><header>Program
definitions</header><text display-inline="no-display-inline">In this
title:</text>
<paragraph id="HAB23BF89D43849F286BFB5BB96C40EEA"><enum>(1)</enum><header>Eligible
employee</header><text>The term <term>eligible employee</term> means any of the
following:</text>
<subparagraph id="H8272B27639C04F69A41E188ED34DD6E8"><enum>(A)</enum><text>An employee
who—</text>
<clause commented="no" id="H94C2782E4E5B4560AC1E0507498C7D87"><enum>(i)</enum><text>earned wages with
a covered employer for a minimum of 6 months prior to filing an application for
leave benefits under this title; and</text>
</clause><clause id="HBB8A1B156D6B4756B93B68D276E9729D"><enum>(ii)</enum><text display-inline="yes-display-inline">has been employed by the employer with
respect to whom paid leave is requested for at least 625 hours of service
during the previous 6 months.</text>
</clause></subparagraph><subparagraph id="HE530E5ECBB4D41A9848FE688D1D70EAB"><enum>(B)</enum><text>An
employee—</text>
<clause id="H18E14D119C9F4D8289A8D8F882DE2387"><enum>(i)</enum><text>of a
small employer that has elected to participate in the Program under this title
in accordance with such regulations as the Secretary shall prescribe;
and</text>
</clause><clause commented="no" id="H903D94E76B364AB39F65516F562BE06B"><enum>(ii)</enum><text>who meets the
requirements of subparagraph (A), but is not an employee of the Federal
Government.</text>
</clause></subparagraph><subparagraph id="H52B34521BD09498EB7AA76A334E595E5"><enum>(C)</enum><text>A self-employed
individual who has—</text>
<clause id="HA8DBE4B943774BD9AA980992E89FA18B"><enum>(i)</enum><text>elected to
participate in the Program under this title in accordance with such regulations
as the Secretary shall prescribe;</text>
</clause><clause commented="no" id="HADDA4ABC6F754E42A483F2E4B2980088"><enum>(ii)</enum><text>self-employment
income while a covered employer for 6 of the last 12 months prior to filing an
application for leave benefits under this title; and</text>
</clause><clause id="H9A217AAEDF604C0ABA559B5B9AB9381B"><enum>(iii)</enum><text>paid premiums
under section 1401(c) of the Internal Revenue Code of 1986 with respect to such
self-employment income.</text>
</clause></subparagraph></paragraph><paragraph id="H0816CAF165024B2DA2137A7C890A5137"><enum>(2)</enum><header>Employer-related
definitions</header>
<subparagraph id="HBBCB467EA7544900939DA0F622D93E09"><enum>(A)</enum><header>Covered
employer</header><text>The term <term>covered employer</term> means a
person—</text>
<clause id="H1B7CA816BED04C2797D425B00195243A"><enum>(i)</enum><text>that
is—</text>
<subclause id="H9FD0C737E4EF442199A3BFF2B28199A0"><enum>(I)</enum><text>an
employer;</text>
</subclause><subclause id="HB6A95653CC82496F929118C61B9D229B"><enum>(II)</enum><text>a small employer
that has elected to participate in the Program under this title in accordance
with such regulations as the Secretary shall prescribe; or</text>
</subclause><subclause commented="no" id="HBC46EBC3325C4153A5B27B66B547278C"><enum>(III)</enum><text>a self-employed
individual who has elected to so participate; and</text>
</subclause></clause><clause id="H154C983804BA43709A8A62497E30A463"><enum>(ii)</enum><text>that is not a
voluntary plan employer.</text>
</clause></subparagraph><subparagraph commented="no" id="H617B3283EC714F25A317301814FBCDB8"><enum>(B)</enum><header>Employer</header><text>The
term <term>employer</term> shall have the meaning given that term in section
101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), except
that such term shall include any person who employs 2 or more employees for
each working day during each of 20 or more calendar workweeks in the current or
preceding calendar year.</text>
</subparagraph><subparagraph id="H06D0EA0B21E849189B76FE08EE8D6CD3"><enum>(C)</enum><header>Small
employer</header><text>The term <term>small employer</term>—</text>
<clause id="H60399C3183E2409984FCE0DAC6C9CE18"><enum>(i)</enum><text>means any person
engaged in commerce or in any industry or activity affecting commerce who
employs not less than 2 and not more than 19 employees for each working day
during each of 20 or more calendar workweeks in the current or preceding
calendar year; and</text>
</clause><clause id="H47D18B9F65594CCFA083E470876AB219"><enum>(ii)</enum><text>includes—</text>
<subclause id="H4CD17B2A82D74A03B52648C34481E8EC"><enum>(I)</enum><text>any person who
acts, directly or indirectly, in the interest of an employer described in
clause (i) to any of the employees of such employer;</text>
</subclause><subclause id="HBEDFB07843BA43F8B26E090C51F031A4"><enum>(II)</enum><text>any successor in
interest of an employer described in clause (i); and</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="HCE4A7E28BFAF46828C4C93D27C0ED3E0"><enum>(III)</enum><text>any public
agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(x)) that is an employer described in clause (i) but is not an entity
of the Federal Government.</text>
</subclause></clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HEFF1AEE2771C4B2FAE1C5C119F1A86BE"><enum>(D)</enum><header>Voluntary plan
employer</header><text>The term <term>voluntary plan employer</term> means an
employer for which the Secretary has approved a voluntary plan under section
104 for the period involved.</text>
</subparagraph></paragraph><paragraph id="H474AC54C16054E08BA19F47BFFAF572E"><enum>(3)</enum><header>Leave
benefit</header><text>The term <term>leave benefit</term> means a family and
medical leave insurance benefit described in section 103.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HEA490E380BA04C259C413C96D0B6B46A"><enum>(4)</enum><header>Voluntary paid
benefit</header><text>The term <term>voluntary paid benefit</term> means a
family and medical leave insurance benefit provided under a voluntary plan
approved under section 104 for the period involved.</text>
</paragraph></section><section id="H8E8A8E2FB02E49FC8FB49BF032357F30"><enum>102.</enum><header>Establishment
of program</header>
<subsection id="H0B3D910128D641CFB0F3173F3C5A5508"><enum>(a)</enum><header>Federal
program</header><text display-inline="yes-display-inline">The Secretary of
Labor shall establish a Family and Medical Insurance Program.</text>
</subsection><subsection commented="no" id="H3A7C7FAB0F054F4C87FECE377DB218AE"><enum>(b)</enum><header>State
programs</header><text>In carrying out the Federal Program established under
subsection (a), the Secretary may—</text>
<paragraph commented="no" id="H3EEEDCA21CAD42F48BE65DBBF8C1FE8C"><enum>(1)</enum><text>enter into a
contract with a State under which—</text>
<subparagraph commented="no" id="H52A902B10922488EA4A3D5ADA042BA4B"><enum>(A)</enum><text display-inline="yes-display-inline">the State agrees to establish, or expand a
State program in effect at the date of the enactment of this Act to include, a
State Family and Medical Insurance Program that provides the benefits described
in this title; and</text>
</subparagraph><subparagraph commented="no" id="H14148D83B5C94BCB8336E34DB82A446A"><enum>(B)</enum><text>the Secretary
agrees to instruct the Managing Trustee of the Family and Medical Leave
Insurance Fund, established under section 301, to provide the State funds for
such benefits from the Insurance Fund; or</text>
</subparagraph></paragraph><paragraph commented="no" id="H7F7B706A515242558AE1397CD88A5CBA"><enum>(2)</enum><text display-inline="yes-display-inline">at the request of the Governor of a State,
enter into an interagency agreement with the Commissioner of Social Security
under which—</text>
<subparagraph id="HEA0AA2E75E7B4354A1122DC3E4EA34C9"><enum>(A)</enum><text display-inline="yes-display-inline">the Commissioner of Social Security agrees
to establish a State Family and Medical Insurance Program in such State to
provide the benefits described in this title in such State; and</text>
</subparagraph><subparagraph id="HE97773BD8AA347C29BDD4854D7E9BFE2"><enum>(B)</enum><text>the Secretary
agrees to instruct the Managing Trustee of the Insurance Fund to provide the
Commissioner of Social Security funds for such benefits from the Insurance
Fund.</text>
</subparagraph></paragraph></subsection><subsection id="HF0C93D4D376A4C7B8030D49B9D88FDB7"><enum>(c)</enum><header>State
application</header><text>To be eligible to receive a contract under subsection
(b)(1), a State shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may require. At a
minimum, the application shall include information identifying the State agency
to carry out the State Family and Medical Insurance Program under subsection
(b)(1).</text>
</subsection></section><section id="H9E914E7DF55140D9BF1A37622B093BFB"><enum>103.</enum><header>Program
benefits</header>
<subsection id="HACF7F3F52F144C6087B2C46C9978D238"><enum>(a)</enum><header>Entitlement</header><text>Subject
to subsections (b), (d), and (e), an eligible employee of a covered employer
shall be entitled to a family and medical leave insurance benefit for a total
of 12 workweeks of leave during any 12-month period for 1 or more of the
following reasons:</text>
<paragraph id="H0C690BD6726D40CD93DFA53695A99450"><enum>(1)</enum><text>Because of the
birth of a son or daughter of the employee and in order to care for such son or
daughter.</text>
</paragraph><paragraph id="HB2C42AB6DB5448008FC468B2FAEA07E0"><enum>(2)</enum><text>Because of the
placement of a son or daughter with the employee for adoption or foster
care.</text>
</paragraph><paragraph commented="no" id="H10F7910E99344B48A46D2EB31DD84178"><enum>(3)</enum><text>In order to care
for a child, parent, spouse, domestic partner, grandchild, grandparent, or
sibling of the employee and who has a serious health condition.</text>
</paragraph><paragraph id="H9112911E138143D0BEB994B5208C80B1"><enum>(4)</enum><text>Because of a
serious health condition that makes the employee unable to perform the
functions of the position of such employee.</text>
</paragraph><paragraph id="H2F1B2CAEC4904B7C91D1653A94B64690"><enum>(5)</enum><text display-inline="yes-display-inline">Because of any qualifying exigency (as the
Secretary of Labor shall, by regulation, determine) arising out of the fact
that the spouse, or a son, daughter, or parent of the employee is on active
duty (or has been notified of an impending call or order to active duty) in the
Armed Forces of the United States in support of a contingency operation.</text>
</paragraph><paragraph id="H74626A1E0459406C873B3E0B03B955CD"><enum>(6)</enum><text>In order to care
for a child, parent, spouse, domestic partner, grandchild, grandparent,
sibling, or next of kin of the employee who is a covered servicemember as such
term is defined in section 101(16) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(16)).</text>
</paragraph></subsection><subsection id="H6F11C2722503435EA2B3CAA9A50E80DB"><enum>(b)</enum><header>Waiting
period</header><text>During each 12-month period described in subsection (a),
each eligible employee shall be subject to a waiting period of 5 workdays of
leave described in subsection (a) (but not more than 7 calendar days), during
which a leave benefit shall not be paid to the employee. The waiting period
shall not reduce the 12 workweeks of leave benefits available under subsection
(a).</text>
</subsection><subsection id="HF1809C64722445AB8C83902DBF1775D2"><enum>(c)</enum><header>Benefit
amount</header>
<paragraph id="H0D7A9ADCC42C4DD4856E38FDC11D3B9C"><enum>(1)</enum><header>In
general</header><text>Subject to paragraph (2), an eligible employee’s leave
benefit for any workday on which the employee takes leave as described in
subsection (a) shall be calculated as—</text>
<subparagraph commented="no" id="H89F9CA2B9F684E699C81379C864D0797"><enum>(A)</enum><text>in the case of an
employee with an annual income of not more than $20,000, an amount equal to 100
percent of that employee’s daily earnings;</text>
</subparagraph><subparagraph commented="no" id="H4F0E74F362A14C588302C0E240F7BC82"><enum>(B)</enum><text>in the case of an
employee with an annual income of more than $20,000 and not more than $30,000,
an amount equal to the greater of—</text>
<clause commented="no" id="H05356E2FFB9840ADB477A58514D4DA33"><enum>(i)</enum><text>75 percent of that
employee’s daily earnings; or</text>
</clause><clause commented="no" id="H7DC86E1D151346938EA248D721225501"><enum>(ii)</enum><text>100 percent of
the daily earnings of an employee with an annual income of $20,000;</text>
</clause></subparagraph><subparagraph commented="no" id="HE2F978B5D91E4088A16669C764B58919"><enum>(C)</enum><text>in the case of an
employee with an annual income of more than $30,000 and not more than $60,000,
an amount equal to the greater of—</text>
<clause commented="no" id="H20A5E4BB4B694424906E8167C4F52522"><enum>(i)</enum><text>55 percent of that
employee’s daily earnings; or</text>
</clause><clause commented="no" display-inline="no-display-inline" id="HE9517EA252D64C55B98928048617DBBB"><enum>(ii)</enum><text>75 percent of the
daily earnings of an employee with an annual income of $30,000;</text>
</clause></subparagraph><subparagraph commented="no" id="H41255FCFC85B40C9BB34F7176E6096D2"><enum>(D)</enum><text>in the case of an
employee with an annual income of more than $60,000 and not more than $97,000,
an amount equal to the greater of—</text>
<clause commented="no" id="HD8E19DCFE4D9406090473C76011D8161"><enum>(i)</enum><text>40 percent of that
employee’s daily earnings; or</text>
</clause><clause commented="no" display-inline="no-display-inline" id="HEFEC2E0A834941D2AE07D34924A8A970"><enum>(ii)</enum><text>55 percent of the
daily earnings of an employee with an annual income of $60,000; and</text>
</clause></subparagraph><subparagraph commented="no" id="H327457E3A62748639EA15A891F792F9A"><enum>(E)</enum><text>in the case of an
employee with an annual income of more than $97,000, an amount equal to 40
percent of the daily earnings of an employee with an annual income of
$97,000.</text>
</subparagraph></paragraph><paragraph id="HCB18393DA44F479385D66DA9A8CBB482"><enum>(2)</enum><header>Indexing of
annual income categories</header>
<subparagraph id="H6DCC455D077844B0932C0F2167F9CD8A"><enum>(A)</enum><header>In
general</header><text>The Secretary shall index the annual income amounts
specified in paragraph (1) for each calendar year, using the national average
wage index, as determined under section 209(k) of the Social Security Act (42
U.S.C. 409(k)).</text>
</subparagraph><subparagraph id="H96C85BAC0DAA44A2BD0D45B04C268CD1"><enum>(B)</enum><header>Publication</header><text>Not
later than the November 1 preceding each calendar year, the Secretary shall
publish in the Federal Register the indexed amount determined under
subparagraph (A) for that calendar year.</text>
</subparagraph></paragraph></subsection><subsection id="H369CC876F50740A8997E03B0BC4DF15F"><enum>(d)</enum><header>Application</header>
<paragraph id="HF8A9552596BF46B2A54EA554C6E0E379"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">To be eligible to
receive a family and medical insurance benefit under this title in a State, an
eligible employee shall submit an application to the covered agency for the
State at such time, in such manner, and containing the information specified in
paragraph (3) and such additional information as the agency may require.</text>
</paragraph><paragraph id="H0615ACDF1D774B4299A7762697CB6216"><enum>(2)</enum><header>Irrevocability
for self-employed individuals</header><text>An election by a self-employed
individual to participate in the Program shall be irrevocable.</text>
</paragraph><paragraph id="H6AA7FDEB0B324E289823363557CB52A1"><enum>(3)</enum><header>Certification
requirements</header><text>The covered agency shall require each of the
following, as part of the application for benefits under this section in
connection with any leave:</text>
<subparagraph commented="no" id="HBC7E1BE10D394EB29F4F2B0E7A858300"><enum>(A)</enum><text>A certification,
submitted in a timely manner, issued by the health care provider of the
eligible employee or of the child, spouse, parent, domestic partner,
grandchild, grandparent or sibling of the employee, as appropriate, and similar
to the certification described section 103(b) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2613(b)) in connection with such leave.</text>
</subparagraph><subparagraph id="H0515CEB6E1F041B99E452E89735E315D"><enum>(B)</enum><text>In any case in
which the covered agency has reason to doubt the validity of the certification
provided under subparagraph (A), the Secretary may require, at the expense of
the covered agency, that the eligible employee obtain the opinion of a second
health care provider designated or approved by the agency concerning any
information certified under subparagraph (A).</text>
</subparagraph><subparagraph id="HAB58F9FCCFA0477DB53F5F0C05B06196"><enum>(C)</enum><text>In any case in
which the second opinion described in subparagraph (B) differs from the opinion
in the original certification provided under subparagraph (A), the covered
agency may require, at the expense of the agency, that the employee obtain the
opinion of a third health care provider designated or approved jointly by the
agency and the employee concerning the information certified under subparagraph
(A). The opinion of the third health care provider concerning such information
shall be considered to be final and shall be binding on the agency and the
employee.</text>
</subparagraph></paragraph></subsection><subsection commented="no" id="HFCBF09128ADD4896945C229B8A717F2F"><enum>(e)</enum><header>Payment of
benefits</header>
<paragraph commented="no" id="H9E1EE5FF4AA3443B884B586C774A624E"><enum>(1)</enum><header>Payment from
insurance fund</header><text>Payments of benefits required to be made under
this section shall be made only from the Insurance Fund established under
section 301.</text>
</paragraph><paragraph commented="no" id="H69C8780795174877A4743208A891402D"><enum>(2)</enum><header>Certification
and payment</header><text>On the final decision of a covered agency or on the
final judgment of any court of competent jurisdiction pursuant to paragraph (3)
that any person is entitled to any payment under this section—</text>
<subparagraph commented="no" id="H50D42049C247422FB3890FED8E7A2FA5"><enum>(A)</enum><text>the covered agency
shall certify to the Managing Trustee of the Board of Trustees of the Insurance
Fund the name and address of the person entitled to receive such payment, the
amount of such payment, and the time at which such payment shall be
made;</text>
</subparagraph><subparagraph commented="no" id="H392776AB51924021B799F9D42A5119AC"><enum>(B)</enum><text>the Managing
Trustee shall pay the certified amount from the Insurance Fund to the covered
agency; and</text>
</subparagraph><subparagraph commented="no" id="H14E6756F1A514CD8A1E6F081B274C6B0"><enum>(C)</enum><text>the covered agency
shall make the payment to the person.</text>
</subparagraph></paragraph><paragraph commented="no" id="HBA6C989C75C44344AA4FCE95A730891A"><enum>(3)</enum><header>Review</header><text>Any
eligible employee dissatisfied with any initial determination under this
section shall be entitled to reconsideration of the determination, and a
hearing on the determination, by the Secretary to the same extent as is
provided in section 205(b) of the Social Security Act (42 U.S.C.22 405(b)) and
to judicial review of the final decision after such hearing as is provided in
section 205(g) of the Social Security Act (42 U.S.C. 405(g)).</text>
</paragraph><paragraph commented="no" id="H7330942C72A4427E9F032F54C3036CE6"><enum>(4)</enum><header>Withholding of
certification</header><text>In any case in which a review of the covered
agency’s decision is or may be sought under paragraph (3), the covered agency
may withhold certification of payment pending such review.</text>
</paragraph><paragraph commented="no" id="H5580288C0A29403482A09473C7B560AB"><enum>(5)</enum><header>Other
compensation</header><text>Except as provided in section 105, no employee shall
be eligible to receive paid leave benefits under this title for any period
during which—</text>
<subparagraph commented="no" id="HD218A818EAA045E1ABEB3FCBECF83037"><enum>(A)</enum><text>the employee is
receiving worker’s compensation or compensation through unemployment insurance
in connection with the event for which the employee is taking the leave;
or</text>
</subparagraph><subparagraph commented="no" id="HC413EF9EFFA549FFBE34FC00A7059C11"><enum>(B)</enum><text>the employee is
receiving paid leave benefits from an employer under a voluntary employer plan
approved under section 104.</text>
</subparagraph></paragraph></subsection><subsection id="HC85F200166174E6E8C67EE9B900E6830"><enum>(f)</enum><header>Regulations</header><text>The
Secretary shall issue regulations to carry out this section, including the
determination of benefits for leave taken intermittently or on a reduced leave
schedule, or for leave taken by a part-time, seasonal, or intermittent
employee.</text>
</subsection></section><section id="HADB9714A176148059FDADEEA4665FCEF"><enum>104.</enum><header>Voluntary
employer plan</header>
<subsection id="HD2039B49944D4B88ABC9789FB35736CB"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Any employer may
submit an application to the Secretary for approval of a voluntary plan. The
Secretary may require the employer to resubmit the plan for approval on a
annual basis. During a period for which the Secretary has approved a plan, the
applicant shall provide a voluntary paid benefit under the plan rather than
participating in the Program.</text>
</subsection><subsection id="HF44B91D4B02445E88E1CE37D6830E8BA"><enum>(b)</enum><header>Approval</header><text display-inline="yes-display-inline">The Secretary shall approve the voluntary
plan of the applicant if the Secretary finds each of the following with respect
to the applicant:</text>
<paragraph id="H655791E83B064AF09961606D535A6E67"><enum>(1)</enum><text>The rights
afforded to the employees covered under the plan are equal to or greater than
the rights afforded through the Program.</text>
</paragraph><paragraph id="H2B2486E1D3A64D84AD356F27D7BC8113"><enum>(2)</enum><text>The plan has been
made available to all of the employees of the applicant employed in the United
States or to all employees at any 1 distinct, separate establishment maintained
by the applicant in the United States.</text>
</paragraph><paragraph id="HC096553C00B9462BB54993CF3156C598"><enum>(3)</enum><text display-inline="yes-display-inline">A majority of the employees of the employer
employed in the United States or a majority of the employees employed at any
one distinct, separate establishment maintained by the employer in the United
States have consented to the plan.</text>
</paragraph><paragraph id="H8F1BA926BB4948EB975EEF3FCCCA00E1"><enum>(4)</enum><text>The plan provides
for insurance to be issued by an admitted disability insurer approved by the
Secretary or equivalent insurance (which may be self-insurance).</text>
</paragraph><paragraph id="HE9E06C5C33494B16BAAC5339F0283319"><enum>(5)</enum><text>The applicant has
consented to the plan and has agreed to make the premium contributions
required, if any, and transmit the proceeds to the disability insurer, if
any.</text>
</paragraph><paragraph id="H20E836E5F77146FAB2B3C75328DC4BB9"><enum>(6)</enum><text>The plan provides
for the inclusion of future employees.</text>
</paragraph><paragraph id="HF828974F9A4F48759044270F684D00A3"><enum>(7)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H7B0BAB83B2694F06AA93A1E5EED56AA9"><enum>(A)</enum><text>The plan will be in
effect for a period of not less than 1 year and, thereafter, continuously
unless the Secretary finds that the applicant has given notice of intent to
terminate the plan, as described in subparagraph (B), and that the fee
described in subparagraph (C) has been paid.</text>
</subparagraph><subparagraph id="HB13CDDFB028145D499F973F5D054758A" indent="up1"><enum>(B)</enum><text>The notice shall be filed in writing
with the Secretary and shall be effective—</text>
<clause id="H73616CE7C9A34AB8B18E27302289F504"><enum>(i)</enum><text>on the anniversary of the effective
date of the plan next following the date of the filing of the notice; or</text>
</clause><clause commented="no" display-inline="no-display-inline" id="HAD087E335A0C40538CD82870F145BE9C"><enum>(ii)</enum><text>if such anniversary would occur
less than 30 days after the date of the filing of the notice, on the next
anniversary of that effective date.</text>
</clause></subparagraph><subparagraph id="H491534B7CD434512A06D7A782A378021" indent="up1"><enum>(C)</enum><text>The applicant shall pay a fee to the
Secretary in such amount as the Secretary determines to be adequate to provide
leave benefits under this title to all eligible employees of the applicant for
a period of at least 4 months, plus an amount to pay administrative costs
related to processing and paying such benefits.</text>
</subparagraph><subparagraph id="H371076550D18495FBE6FBDD29A5CE517" indent="up1"><enum>(D)</enum><text>Amounts received by the Secretary
under this paragraph shall be deposited in the Insurance Fund.</text>
</subparagraph></paragraph><paragraph id="H011F637E27B847A6B08535EA1A81DD59"><enum>(8)</enum><text>The amount of
deductions from the wages of an employee that is in effect for the plan shall
not be increased on any date other than on the date of an anniversary of the
effective date of the plan.</text>
</paragraph></subsection><subsection id="HCD2414AF3E334B37BE72B991B3BB255D"><enum>(c)</enum><header>Orders and
withdrawal of approval</header><text>If the Secretary finds that a voluntary
plan employer is not paying voluntary paid benefits required under the
voluntary plan to the employees under the plan, the Secretary may order the
employer to make the payments. If the Secretary finds that a voluntary plan
employer is not complying with the provisions of the plan, including by not
paying voluntary paid benefits required under the plan, the Secretary may
revoke the Secretary’s approval for the plan, and require the employer to
participate in the Program.</text>
</subsection></section><section id="HDD2F7BFCA0F041059A99985B3095BD0F"><enum>105.</enum><header>Additional
benefits</header>
<subsection id="H4147C8F13FCA4B4B828AE96B5A46798A"><enum>(a)</enum><header>Additional
employer benefits</header>
<paragraph id="H2329D4C1018E4BD2AAF2EB8402C38C34"><enum>(1)</enum><header>Covered
employers</header><text>Nothing in this title shall be construed to discourage
a covered employer from providing an additional benefit in conjunction with
leave described in section 103(a) to an eligible employee, in addition to the
leave benefit provided to that employee. The additional employer benefit shall
not reduce the amount of the leave benefit that an eligible employee receives
under this title.</text>
</paragraph><paragraph id="H04CDC5B96D374CD3B5845D49EE00DD70"><enum>(2)</enum><header>Voluntary plan
employers</header><text>Nothing in this title shall be construed to discourage
a voluntary plan employer from providing an additional benefit in conjunction
with leave described in section 103(a) to an employee, in addition to the
voluntary paid benefit provided to that employee. The additional employer
benefit shall not reduce the amount of the voluntary paid benefit that an
employee receives under a voluntary plan described in section 104.</text>
</paragraph></subsection><subsection id="HD2C5ACD54C3D41CFB02B007C4E80FC00"><enum>(b)</enum><header>Collective
bargaining</header>
<paragraph id="H11C2FB9A7E1C4C6E964FDBD7207DA5AD"><enum>(1)</enum><header>More
protective</header><text>Nothing in this title shall be construed to diminish
the obligation of a covered employer or voluntary plan employer to comply with
any collective bargaining agreement or any employment benefit program or plan
that provides greater paid leave rights to employees than the rights
established under this title (including rights established under a plan
described in section 104).</text>
</paragraph><paragraph id="HF3F3985D8C6D4E24B18CBE70BAE13735"><enum>(2)</enum><header>Less
protective</header><text>The rights established for employees under this title
(including rights established under a plan described in section 104) shall not
be diminished by any collective bargaining agreement or any employment benefit
program or plan.</text>
</paragraph></subsection></section><section id="HE50CF2AB64B749319A08B415376852DB"><enum>106.</enum><header>Prohibited acts
by employer</header>
<subsection id="H7EF1D80098664868A08661071AD72582"><enum>(a)</enum><header>Interference
with rights</header><text>It shall be unlawful for any covered employer to
interfere with, restrain, or deny the exercise of or the attempt to exercise,
any right provided under this title.</text>
</subsection><subsection id="HFB50FF6E002C421D80C887A96F5918F0"><enum>(b)</enum><header>Discrimination</header><text>It
shall be unlawful for any covered employer to discharge or in any other manner
discriminate against any individual for opposing any practice made unlawful by
this title.</text>
</subsection><subsection id="HD927BB972D6B4381A6F909B6208C69A5"><enum>(c)</enum><header>Interference
with proceedings or inquiries</header><text>It shall be unlawful for any person
to discharge or in any other manner discriminate against any individual because
such individual—</text>
<paragraph id="HE687991DE5C0499D9E4BF1C94F837B84"><enum>(1)</enum><text>has filed any
charge, or has instituted or caused to be instituted any proceeding, under or
related to this title;</text>
</paragraph><paragraph id="H3A5B31FDBC3046278F26A0C398561A46"><enum>(2)</enum><text>has given, or is
about to give, any information in connection with any inquiry or proceeding
relating to any right provided under this title; or</text>
</paragraph><paragraph id="H43D1C2BE59B64DCD9204DC30BB67839E"><enum>(3)</enum><text>has testified, or
is about to testify, in any inquiry or proceeding relating to any right
provided under this title.</text>
</paragraph></subsection></section><section id="H51FF676C3DA44DFBBA86DC703393CEE8"><enum>107.</enum><header>Enforcement</header>
<subsection id="H1B84354EC67D4762ACA9AA34E86F421A"><enum>(a)</enum><header>Civil action by
employees</header>
<paragraph id="HAC7ABAF955A14A8CA869362A53ADFB71"><enum>(1)</enum><header>Liability</header><text>Any
covered employer who violates section 106 shall be liable to any eligible
employee affected—</text>
<subparagraph id="H5E33EBF067EE43869D8F7059AFA033D9"><enum>(A)</enum><text>for damages equal
to—</text>
<clause id="H27EE154BC39C41D7A13C73517FA82412"><enum>(i)</enum><text>the
amount of—</text>
<subclause id="H3D538518882443ED9DB25EF2A1F6E14F"><enum>(I)</enum><text>any wages, salary,
employment benefits, or other compensation denied or lost to such employee by
reason of the violation; or</text>
</subclause><subclause id="HD622A0BB22244A889D0402BA1D55A6C2"><enum>(II)</enum><text>in a case in
which wages, salary, employment benefits, or other compensation have not been
denied or lost to the employee, any actual monetary losses sustained by the
employee as a direct result of the violation, such as the cost of providing
care, up to a sum equal to 8 weeks of wages or salary for the employee;</text>
</subclause></clause><clause id="H87D401BF132A4BEFA1D52359475F07F1"><enum>(ii)</enum><text>the
interest on the amount described in clause (i) calculated at the prevailing
rate; and</text>
</clause><clause id="HD20AF90C65384A9D9A0AECDF009B9120"><enum>(iii)</enum><text>an
additional amount as liquidated damages equal to the sum of the amount
described in clause (i) and the interest described in clause (ii), except that
if a covered employer who has violated section 106 proves to the satisfaction
of the court that the act or omission which violated section 106 was in good
faith and that the employer had reasonable grounds for believing that the act
or omission was not a violation of section 106, such court may, in the
discretion of the court, reduce the amount of the liability to the amount and
interest determined under clauses (i) and (ii), respectively; and</text>
</clause></subparagraph><subparagraph id="HCBEF553D88D0411CA6F88FF367E8600E"><enum>(B)</enum><text>for such equitable
relief as may be appropriate, including employment, reinstatement, and
promotion.</text>
</subparagraph></paragraph><paragraph id="HB6152E927E3C4FC3865D8635532743CC"><enum>(2)</enum><header>Right of
action</header>
<subparagraph id="H8F9762DDB633476DB34B3A69A9031BB5"><enum>(A)</enum><header>In
general</header><text>Except as provided in subparagraph (B), an action to
recover the damages or equitable relief prescribed in paragraph (1) may be
maintained against any covered employer (including a public agency) in any
Federal or State court of competent jurisdiction by any 1 or more employees for
and on behalf of—</text>
<clause id="H80C44CC07867415FB70D37DC9FA098E3"><enum>(i)</enum><text>the
employees; or</text>
</clause><clause id="HA889532FB30145F2A4BF816FC22A8EB7"><enum>(ii)</enum><text>the
employees and other employees similarly situated.</text>
</clause></subparagraph><subparagraph id="HEA0DCB477F1C4D06A83B7BBB63AD7F2B"><enum>(B)</enum><header>Limitation</header><text>The
right provided by subparagraph (A) to bring an action by or on behalf of any
employee shall terminate—</text>
<clause id="H7B67025902FB45C0BC34840CF92ED228"><enum>(i)</enum><text>on
the filing of a complaint by the Secretary in an action under subsection (b)(3)
in which restraint is sought of any further delay in the payment of the amount
described in paragraph (1)(A) to such employee by an employer responsible under
paragraph (1) for the payment; or</text>
</clause><clause id="HD1390E4DE34F4EC0A7A7692AC2F4A0CD"><enum>(ii)</enum><text>on
the filing of a complaint by the Secretary in an action under paragraph (1) or
(2) of subsection (b) in which a recovery is sought of the damages described in
paragraph (1)(A) owing to an eligible employee by an employer liable under
paragraph (1),</text>
</clause><continuation-text continuation-text-level="subparagraph">unless
the action described in clause (i) or (ii) is dismissed without prejudice on
motion of the Secretary.</continuation-text></subparagraph></paragraph><paragraph id="HA06B92A56AB249CD8391A65C6F4FE6D3"><enum>(3)</enum><header>Fees and
costs</header><text>The court in an action brought under this subsection shall,
in addition to any judgment awarded to the plaintiff, allow a reasonable
attorneys’ fee, reasonable expert witness fees, and other costs of the action
to be paid by the defendant.</text>
</paragraph></subsection><subsection id="HD4BDDA70F23A4B3192B8C36DC7910B6C"><enum>(b)</enum><header>Actions by the
Secretary</header>
<paragraph id="H45812438D6904A3FB61B28EA883DB865"><enum>(1)</enum><header>Administrative
action</header><text>The Secretary shall receive, investigate, and attempt to
resolve complaints of violations of section 106 in the same manner that the
Secretary receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 and 207).</text>
</paragraph><paragraph id="H59124AC4714E4A8597614476B7C3D9AF"><enum>(2)</enum><header>Civil
action</header>
<subparagraph id="H6AB72139F2F04682B39D3001BA76291E"><enum>(A)</enum><header>Right of
action</header><text>The Secretary may bring an action in any court of
competent jurisdiction to recover the damages described in subsection
(a)(1)(A).</text>
</subparagraph><subparagraph id="H4D53F5E41E324330B31FDC020E02B0DD"><enum>(B)</enum><header>Sums
recovered</header><text>Any sums recovered by the Secretary pursuant to this
paragraph shall be held in a special deposit account and shall be paid, on
order of the Secretary, directly to each employee affected. Any such sums not
paid to an employee because of inability to do so within a period of 3 years
shall be deposited into the Treasury of the United States as miscellaneous
receipts.</text>
</subparagraph></paragraph><paragraph id="H8E6B0F9F69824AABBA21171EAC376410"><enum>(3)</enum><header>Action for
injunction by the secretary</header><text>The district courts of the United
States shall have jurisdiction, for cause shown, in an action brought by the
Secretary—</text>
<subparagraph id="HE7D8B1E402C84EB385C4E5DECC164921"><enum>(A)</enum><text>to restrain
violations of section 106, including the restraint of any withholding of
payment of wages, salary, employment benefits, or other compensation, plus
interest, found by the court to be due to eligible employees; or</text>
</subparagraph><subparagraph id="HF4CA5DB0F2CA4CF38F7B5CC6AFB332FE"><enum>(B)</enum><text>to award such
other equitable relief as may be appropriate, including employment,
reinstatement, and promotion.</text>
</subparagraph></paragraph><paragraph id="H2A908C58299846ED9C7B88D5B194394D"><enum>(4)</enum><header>Solicitor of
labor</header><text>The Solicitor of Labor may appear for and represent the
Secretary on any litigation brought under this subsection.</text>
</paragraph></subsection><subsection id="H4DE2472E32EA49D38D9FF39A2C19954F"><enum>(c)</enum><header>Limitation</header>
<paragraph id="HD8AC71EE53674A36B76436E54261A521"><enum>(1)</enum><text>Except as provided
in paragraph (2), an action may be brought under subsections (a) or (b) not
later than 2 years after the date of the last event constituting the alleged
violation for which the action is brought.</text>
</paragraph><paragraph id="H78F64854BF3347879ED36DC03B74D309"><enum>(2)</enum><header>Willful
violation</header><text>In the case of such action brought for a willful
violation of section 106, such action may be brought within 3 years of the date
of the last event constituting the alleged violation for which such action is
brought.</text>
</paragraph><paragraph id="HA74DEB9EE7C446E5A2BD4821C2E6BF80"><enum>(3)</enum><header>Commencement</header><text>In
determining when an action is commenced by the Secretary for the purposes of
this subsection, it shall be considered to be commenced on the date when the
complaint is filed.</text>
</paragraph></subsection><subsection id="HAE8E6A9761EC44E885B8E843EFB414AD"><enum>(d)</enum><header>Investigative
authority</header>
<paragraph id="HB6450FEB3A9F4A90984F3CE98D8229B1"><enum>(1)</enum><header>In
general</header><text>To ensure compliance with the provisions of this title,
or any regulation or order issued under this title, the Secretary shall have,
subject to paragraph (3), the investigative authority provided under section
11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).</text>
</paragraph><paragraph id="H2AC5CA8C6D17436FA5BE678F58748D27"><enum>(2)</enum><header>Obligation to
keep and preserve records</header><text>Any covered employer shall make, keep,
and preserve records pertaining to compliance with this title in accordance
with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c))
and in accordance with regulations issued by the Secretary. The Secretary shall
have access to the records for purposes of conducting audits.</text>
</paragraph><paragraph id="HC284D3494BEB451DA922EC4D183CE25E"><enum>(3)</enum><header>Required
submissions generally limited to an annual basis</header><text>The Secretary
shall not under the authority of this subsection require any covered employer
or any plan, fund, or program to submit to the Secretary any books or records
more than once during any 12-month period, unless the Secretary has reasonable
cause to believe there may exist a violation of this title or any regulation or
order issued pursuant to this title, or is investigating a charge pursuant to
subsection (b).</text>
</paragraph><paragraph id="H7420ECADD9854B268AEB887AA662A8F0"><enum>(4)</enum><header>Subpoena
power</header><text>For the purposes of any investigation provided for in this
section, the Secretary shall have the subpoena authority provided for under
section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).</text>
</paragraph></subsection></section><section id="H3CD3F70353ED40D8880F80677FAED962"><enum>108.</enum><header>Penalties</header>
<subsection id="H8B7A044242B149B0A91CF2473E1D5E4F"><enum>(a)</enum><header>Penalties for
submission of false certifications</header><text>If the Secretary finds that
any individual submits a false certification of the health condition of any
person in order to obtain leave benefits under this title with the intent to
defraud, the Secretary shall assess a penalty against the individual in an
amount up to 100 percent of the benefits paid as a result of the false
certification. Penalties collected under this subsection shall be deposited in
the Insurance Fund, notwithstanding the provisions of title 31, United States
Code and used to reimburse the covered employers involved for the amount of the
leave benefits.</text>
</subsection><subsection id="HA66619112FB3417A8078295E90D568C4"><enum>(b)</enum><header>Criminal
penalties for false statements and solicitations</header><text>Whoever—</text>
<paragraph id="H07150E5AA59B40A28D65C9B4A5D94C0A"><enum>(1)</enum><text>makes or causes to
be made any false statement in support of an application for leave benefits
under this title;</text>
</paragraph><paragraph id="HB85E4832158E4F2AB32DCB22A8BC6C09"><enum>(2)</enum><text>knowingly presents
or causes to be presented any false written or oral material statement in
support of any claim for leave benefits under this title;</text>
</paragraph><paragraph id="HD83172B914C04F2A9F3B9E6ABCD4E1AB"><enum>(3)</enum><text>knowingly
solicits, receives, offers, pays, or accepts any rebate, refund, commission,
preference, patronage, dividend, discount, or other consideration, whether in
the form of money or otherwise, as compensation or inducement for soliciting a
claimant to apply for leave benefits under this title, except to the extent
authorized by a law of the United States; or</text>
</paragraph><paragraph id="H7DFBA1A8A86D4D17962149B57F6BD491"><enum>(4)</enum><text>knowingly assists,
abets, solicits, or conspires with any person to engage in an act that is
prohibited under paragraph (1), (2), or (3),</text>
</paragraph></subsection><continuation-text continuation-text-level="section">shall be
guilty of a felony and upon conviction shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or both.</continuation-text></section><section id="H375717D27DA04924A396FB0AB6514EF7"><enum>109.</enum><header>Education
programs</header>
<subsection id="H2A31D9193A8D4FA095AB3612AC5DED6F"><enum>(a)</enum><header>Authority</header><text>The
Secretary shall develop and maintain a program of education concerning the
rights and leave benefits under this title.</text>
</subsection><subsection id="HE48787FE50F44ABB9B4A0CB02DAA5E32"><enum>(b)</enum><header>Notice to
employers</header><text>The Secretary shall provide to each covered employer a
notice informing employees of the rights and leave benefits available under
this title. The notice shall be given by every covered employer to each
employee hired, and to each employee taking leave as described in section
103(a).</text>
</subsection></section><section id="HBE5B345CF606457E929A376366CE1CE2"><enum>110.</enum><header>Regulations</header><text display-inline="no-display-inline">The Secretary shall issue regulations to
carry out this title.</text>
</section><section id="H0B5F0F17DF8D4A699CA8CC65112FD844"><enum>111.</enum><header>Effective
date</header><text display-inline="no-display-inline">This title shall take
effect on January 1, 2011, and apply to periods of leave that commence on or
after January 1, 2012.</text>
</section><enum>II</enum><header>Civil service
family and medical leave insurance program</header>
<section id="HFFE7BD6B9BB947329503C6A250231C37"><enum>201.</enum><header>Program
definitions</header><text display-inline="no-display-inline">In this
title:</text>
<paragraph id="H532C4EA63CE94A81BDFB9E4120735A38"><enum>(1)</enum><header>Agency</header><text>The
term <term>agency</term> means an agency covered under subchapter V of chapter
63 of title 5, United States Code.</text>
</paragraph><paragraph id="HB3B03EF7241A495196824CEBEE15C2C7"><enum>(2)</enum><header>Agency
employee</header><text>The term <term>agency employee</term> means an employee
who—</text>
<subparagraph id="HD0DFA665209A47B089349F6344050708"><enum>(A)</enum><text>meets the
requirements of paragraph (1) of section 6381 of title 5, United States Code;
and</text>
</subparagraph><subparagraph id="H4F8E31D171964443B829AA71F41493D2"><enum>(B)</enum><text>has earned wages
with an agency for 12 of the last 18 months, prior to filing an application for
leave benefits under this title.</text>
</subparagraph></paragraph></section><section id="H72201AE3DF9449D99AEF56C30CE840A5"><enum>202.</enum><header>Establishment
of program</header>
<subsection id="H0C0472463FF84DEE953D93A21007A403"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">The Director of the
Office of Personnel Management shall establish a Civil Service Family and
Medical Leave Insurance Program, and shall issue regulations providing for the
implementation of the program. In issuing the regulations, the Director shall
require that the Director shall provide, or that the agencies shall provide,
family and medical leave insurance benefits described in section 103 to agency
employees. The regulations issued under this subsection shall include
provisions that are the same as regulations issued by the Secretary to
implement the statutory provisions of sections 103, 105, 109, and 110, except
insofar as the Director may determine, for good cause shown and stated together
with the regulations, that a modification of the regulations would be more
effective for the implementation of the rights and protections under those
sections. The regulations shall provide for appropriate remedies and procedures
for violations of this title.</text>
</subsection><subsection id="HBF674AE56A7F417EAC222D8E18342125"><enum>(b)</enum><header>Payment</header><text>At
the direction of the Director or the head of an agency, as specified in the
regulations, the Managing Trustee shall pay funds from the Insurance Fund for
the leave benefits.</text>
</subsection></section><enum>III</enum><header>Family and
medical leave insurance fund</header>
<section id="HB0FF594809B4495EA22C65AFB990406C"><enum>301.</enum><header>Establishment</header>
<subsection id="H269BBDB034E84FF4BAF0CA7A483B40E5"><enum>(a)</enum><header>In
general</header><text>There is created in the Treasury of the United States a
trust fund to be known as the Family and Medical Leave Insurance Fund. The
Insurance Fund shall consist of such amounts as may be deposited in, or
appropriated to, such fund as provided in this section.</text>
</subsection><subsection id="HFD6B522669474E5DAF21FD4BC162F2D9"><enum>(b)</enum><header>Appropriations
to Insurance Fund</header>
<paragraph id="HFA9D2183C03E48E4B89D21331BA34DF2"><enum>(1)</enum><header>Amounts
appropriated</header><text>There is appropriated to the Insurance Fund for
fiscal year 2011 and each fiscal year thereafter, out of any moneys in the
Treasury not otherwise appropriated, amounts equivalent to 100 percent
of—</text>
<subparagraph id="H5E88DFC4C1E749D396FEF440284CFE19"><enum>(A)</enum><text>the family and
medical leave premiums imposed by sections 3101(c) and 3111(c) of the Internal
Revenue Code of 1986 with respect to wages (as defined in section 3121 of such
Code) reported to the Secretary of the Treasury or the Secretary’s delegate
under subtitle F of such Code after December 31, 2009, as determined by the
Secretary of the Treasury by applying the applicable rates of premium payment
under such sections to such wages, which wages shall be certified by the
Commissioner of Social Security;</text>
</subparagraph><subparagraph id="HA56C85B2E38B441DB41F0192003FCC05"><enum>(B)</enum><text>on the basis of
the records of wages established and maintained by the Commissioner of the
Social Security Administration in accordance with such reports;</text>
</subparagraph><subparagraph id="HDADF38FF783B44C5A131219E3262429F"><enum>(C)</enum><text>the family and
medical leave premiums imposed by section 1401(c) of such Code with respect to
self-employment income (as defined in section 1402 of such Code) reported to
the Secretary of the Treasury or the Secretary’s delegate on tax returns under
subtitle F of such Code after December 31, 2009, as determined by the Secretary
of the Treasury by applying the applicable rate of premium payment under such
section 1401(c) to such self-employment income, which self-employment income
shall be certified by the Commissioner of Social Security; and</text>
</subparagraph><subparagraph id="H19FBD8BBEF4B41F1878CEDBD54B8595F"><enum>(D)</enum><text>on the basis of
the records of self-employment income established and maintained by the
Commissioner of Social Security in accordance with such returns.</text>
</subparagraph></paragraph><paragraph id="H8D6E56855547472CA1D316B69E5CFC27"><enum>(2)</enum><header>Transfers</header><text>Such
appropriated amounts shall be transferred from time to time from the general
fund of the Treasury to the Insurance Fund. Such amounts shall be determined on
the basis of estimates by the Secretary of the Treasury of the premiums,
specified in paragraph (1), paid to or deposited into the Treasury, and proper
adjustments shall be made in amounts subsequently transferred to the extent
prior estimates were in excess of or were less than such premiums.</text>
</paragraph><paragraph id="HAC97B38360CE426B988D103BAFAD1BDF"><enum>(3)</enum><header>Investments</header><text>All
amounts transferred to the Insurance Fund under paragraph (2) shall be invested
by the Managing Trustee referred to in section 302(c) in the same manner and to
the same extent as the other assets of the Insurance Fund.</text>
</paragraph></subsection></section><section id="H612656C4A07842B8864DBD435A4D09AC"><enum>302.</enum><header>Board of
trustees</header>
<subsection id="H1AEE6D322AAE4E22B514988E4371A097"><enum>(a)</enum><header>Establishment
and membership</header><text>With respect to the Insurance Fund, there is
established a body to be known as the Board of Trustees of the Insurance Fund
which shall be composed of the Secretary of the Treasury, the Secretary of
Labor, the Commissioner of Social Security, and the Secretary of Health and
Human Services, all ex officio, and of two members of the public (both of whom
may not be from the same political party), who shall be nominated by the
President, by and with the advice and consent of the Senate.</text>
</subsection><subsection id="HFF8050433492486FAB2CE7D4CEF253C3"><enum>(b)</enum><header>Terms and
vacancies</header><text>Members of the Board of Trustees shall serve for a
period of 4 years. A member of the Board of Trustees nominated and confirmed as
a member of the public to fill a vacancy occurring during a term shall be
nominated and confirmed only for the remainder of such term. An individual
nominated and confirmed as a member of the public may serve in such position
after the expiration of such member’s term until the earlier of the date on
which the member’s successor takes office or the date on which a report of the
Board is first issued under paragraph (2) after the expiration of the member’s
term.</text>
</subsection><subsection id="H24C446C704E64668AB0E6EA7EF300447"><enum>(c)</enum><header>Managing trustee
and secretary</header><text>The Secretary of the Treasury shall be the Managing
Trustee of the Board of Trustees. The Secretary of Labor shall serve as the
Secretary of the Board of Trustees.</text>
</subsection><subsection id="HFFBBB1F583C14DF59608CCCC677D1A78"><enum>(d)</enum><header>Basic duties of
the board of trustees</header><text>The Board of Trustees shall meet not less
frequently than once each calendar year. It shall be the duty of the Board of
Trustees to—</text>
<paragraph id="HF9FA0FE03A7541908AE0B9F1F11CC318"><enum>(1)</enum><text display-inline="yes-display-inline">hold the Insurance Fund;</text>
</paragraph><paragraph id="HADF426BE55894D0689D337AC74F5A690"><enum>(2)</enum><text>report to Congress
not later than April 1 of each year—</text>
<subparagraph id="H17DF9911AFB44393856B4B3D559D2E23"><enum>(A)</enum><text>on the operation
and status of the Insurance Fund during the fiscal year preceding the fiscal
year in which the report is made; and</text>
</subparagraph><subparagraph id="HD52BA8CB2E184AE89303FFB816B49B1F"><enum>(B)</enum><text>on the expected
operation and status of the Insurance Fund during the fiscal year in which the
report is made and the next 2 fiscal years;</text>
</subparagraph></paragraph><paragraph id="H3440D536F6944A668F39BF85C28E487A"><enum>(3)</enum><text>report immediately
to Congress whenever the Board is of the opinion that the amount in the
Insurance Fund is unduly small; and</text>
</paragraph><paragraph id="H55BC3E717429452D8E5F2C966A10D77B"><enum>(4)</enum><text>review the general
policies followed in managing the Insurance Fund, and recommend changes in such
policies, including necessary changes in the provisions of law that govern the
way in which the Insurance Fund is to be managed.</text>
</paragraph></subsection><subsection id="H785D4BA1C76C4DDB9CF87B6C18716310"><enum>(e)</enum><header>Requirements
relating to annual report</header><text>The report provided for in subsection
(d)(2) shall include a statement of the assets of, and the disbursements made
from, the Insurance Fund during the fiscal year preceding the fiscal year in
which the report is made, an estimate of the expected income to, and
disbursements to be made from, the Insurance Fund during the fiscal year in
which the report is made and each of the next two fiscal years, and a statement
of the actuarial status of the Insurance Fund. Such report shall also include
an actuarial opinion by an appropriate employee of the Department of Labor
certifying that the techniques and methodologies used for the report are
generally accepted within the actuarial profession and that the assumptions and
cost estimates used for the report are reasonable.</text>
</subsection><subsection id="HF73E4F55DE3946EFAA08339D5A948C69"><enum>(f)</enum><header>Liability</header><text>A
person serving as a member of the Board of Trustees shall not be considered to
be a fiduciary and shall not be personally liable for actions taken in such
capacity with respect to the Insurance Fund.</text>
</subsection></section><section id="HA081D5012382461A8D36FEEDCFE41B5B"><enum>303.</enum><header>Investment of
the Family and Medical Leave Insurance Fund</header>
<subsection id="H9F440A36FCD74899A9EA751006148CAD"><enum>(a)</enum><header>Obligations</header><text>It
shall be the duty of the Managing Trustee to invest such portion of the
Insurance Fund as is not, in the trustee’s judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal and
interest by the United States.</text>
</subsection><subsection id="HF79AFC54F24B41B5A9BA34CA2EAC8726"><enum>(b)</enum><header>Acquisition</header><text>The
obligations referred to in subsection (a) may be acquired—</text>
<paragraph id="HA95C6DE6DED44285ACD99E1597EA432A"><enum>(1)</enum><text>on original issue
at the issue price; or</text>
</paragraph><paragraph id="HCF9FF2566089433CA70253E154B5E6F7"><enum>(2)</enum><text>by purchase of
outstanding obligations at the market price.</text>
</paragraph></subsection><subsection id="H33D3D616E922460E911E3119FF5231C0"><enum>(c)</enum><header>Obligations
issued for purchase by fund</header><text>The purposes for which obligations of
the United States may be issued under chapter 31 of title 31, United States
Code, are extended to authorize the issuance at par of public debt obligations
for purchase by the Insurance Fund. Such obligations issued for purchase by the
Insurance Fund shall have dates of maturity fixed with due regard for the needs
of the Insurance Fund. Such obligations shall bear interest at a rate equal
to—</text>
<paragraph id="HCFB66AF39F9F4602A79FE5D8FC53680E"><enum>(1)</enum><text>except as provided
in paragraph (2), the average market yield (computed by the Managing Trustee on
the basis of market quotations as of the end of the calendar month preceding
the date of such issue) on all marketable interest-bearing obligations of the
United States forming a part of the public debt that are not due or callable
until after the expiration of four years from the end of such calendar month;
or</text>
</paragraph><paragraph id="HE13FCC29276E4D46AE1FF9719F895F48"><enum>(2)</enum><text>in a case in which
such average market yield is not a multiple of 0.1 percent, the multiple of 0.1
percent nearest such market yield.</text>
</paragraph></subsection><subsection id="H21F5B28A721646F68CCF2E90289CB0B5"><enum>(d)</enum><header>Other
obligations</header><text>The Managing Trustee may purchase interest-bearing
obligations of the United States that are not described in subsection (c) or
obligations guaranteed as to both principal and interest by the United States,
on original issue or at the market price, only in cases in which the trustee
determines that the purchase of obligations described in this paragraph is in
the public interest.</text>
</subsection><subsection id="HEA5E6C8423724D9C9EB19429CE4EE6C2"><enum>(e)</enum><header>Disposition and
redemption of obligations</header><text>Any obligations acquired by the
Insurance Fund (except public debt obligations issued exclusively to the
Insurance Fund) may be sold by the Managing Trustee at the market price, and
such public debt obligations may be redeemed at par plus accrued
interest.</text>
</subsection><subsection id="H8F0D70CFBF4C478ABA638F7E7B02BD69"><enum>(f)</enum><header>Crediting of
interest and proceeds</header><text>The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Insurance Fund shall be
credited to and form a part of the Insurance Fund.</text>
</subsection></section><section id="H972F7379394741F8BA8ACA6263E7D814"><enum>304.</enum><header>Payments from
Family and Medical Leave Insurance Fund</header><text display-inline="no-display-inline">The Managing Trustee shall pay from time to
time from the Insurance Fund such amounts as the Secretary of Labor certifies
are necessary to make the payments provided for by section 103, and payments
with respect to administrative expenses under section 305.</text>
</section><section id="HC6321CE4AD9B492494F94B268BAF03EB"><enum>305.</enum><header>Administrative
expenses</header>
<subsection id="H8B30D4E5F1B44B5781AA6BE72A5C5B7E"><enum>(a)</enum><header>Availability of
insurance fund</header><text>Under regulations that shall be prescribed by the
Secretary of Labor, funds shall be made available from the Insurance Fund in
connection with the administration of this Act and the administration of
related provisions of the Internal Revenue Code of 1986 in the same manner and
extent as funds are made available from the trust funds referred to in section
201(g) of the Social Security Act (42 U.S.C. 401(g)) in connection with the
administration of the relevant provisions referred to in such section.</text>
</subsection><subsection id="HAB4D6958B7434B5AA1D44A8F1CDEF3F5"><enum>(b)</enum><header>Authorization of
appropriations</header><text>There are authorized to be made available for
expenditure such amounts as Congress may determine to be appropriate to pay the
costs of the part of the administration of this Act (including start-up costs,
technical assistance, and costs for small employers electing to participate in
the Family and Medical Leave Insurance Program) for which the Secretary of
Labor is responsible.</text>
</subsection><subsection id="HB75A001DF51841E6857B673F9660BC5E"><enum>(c)</enum><header>Gifts and
bequests</header><text>The Managing Trustee may accept on behalf of the United
States money gifts and bequests made unconditionally to the Insurance Fund for
the benefit of the Insurance Fund or any activity financed through the
Insurance Fund and such gifts and bequests shall be deposited into the
Insurance Fund.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HC1F18C6DE9C447DD88405C9161EF07E5"><enum>(d)</enum><header>Processing of
tax data</header><text>Section 232 of the Social Security Act (42 U.S.C. 432)
shall apply with respect to this Act, in the same manner and to the same extent
as such section applies with respect to title II of the Social Security Act (42
U.S.C. 401 et seq.).</text>
</subsection></section><section id="H141B01BEF6E64ACBB4ED777F44A7739E"><enum>306.</enum><header>Amendments to
the Internal Revenue Code of 1986</header>
<subsection id="HAF1358AC415C45E083B50446178F3052"><enum>(a)</enum><header>Employee
premiums</header><text>Section 3101 of the Internal Revenue Code of 1986
(relating to tax on employees) is amended—</text>
<paragraph id="HAF5CF13A4E3040ADBA5EF4C3BB577FD9"><enum>(1)</enum><text>by redesignating
subsection (c) as subsection (d); and</text>
</paragraph><paragraph id="H9A3DE0DAB437415A9AFE45AA1F13734B"><enum>(2)</enum><text>by inserting after
subsection (c) the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="H9751A6A59C4E4578AFA69D78548DEF8E" style="OLC">
<subsection id="H659CAB74A2BA4E8F8AF4B0792558CE7A"><enum>(c)</enum><header>Family and
medical leave premiums</header>
<paragraph id="H0486423CFDA54EB08C9B2605C9349F01"><enum>(1)</enum><header>In
general</header><text>In addition to the taxes imposed by subsections (a) and
(b), there is imposed on the income of every individual a family and medical
leave premium equal to the applicable percentage of the wages (as defined in
section 3121(a)) received by the individual with respect to employment (as
defined in section 3121(b)).</text>
</paragraph><paragraph id="HDB11744F9B87441DBDDF3663DCB3508A"><enum>(2)</enum><header>Applicable
percentage</header><text>For purposes of paragraph (1), the applicable
percentage is—</text>
<subparagraph id="H01ADADC2616D47CFA3C7D57D4BAE9FF2"><enum>(A)</enum><text>0.1 percent with
respect to periods of employment by a small employer (as defined in section
3(b) of the Family Leave Insurance Act of 2009) electing to participate in the
Family and Medical Leave Insurance Program (established under section 102 of
such Act); and</text>
</subparagraph><subparagraph id="H5E8D25B7FFE64CC5BDB1178E880C440C"><enum>(B)</enum><text>0.2 percent with
respect to all other periods of employment.</text>
</subparagraph></paragraph><paragraph id="H860CB404E89E47AAA23E3CB03CDF0B93"><enum>(3)</enum><header>Exception for
certain employment</header><text>Paragraph (1) shall not apply with respect to
a period of employment—</text>
<subparagraph id="H69FE4997E40445F38CB99B7DDD4B2667"><enum>(A)</enum><text>by an employer
during which the Secretary of Labor determines the employer has in effect a
plan which is equivalent to or better than the Family and Medical Leave
Insurance Program (established under section 102 of the Family Leave Insurance
Act of 2009); or</text>
</subparagraph><subparagraph id="HD979DF8C4EB64C6684042A1D59FDB665"><enum>(B)</enum><text>by a small
employer (as so defined) who has not elected to participate in such
Program.</text>
</subparagraph><continuation-text continuation-text-level="paragraph">For
purposes of the preceding sentence, the Secretary of Labor shall prescribe such
regulations as may be appropriate or necessary, including regulations requiring
documentation of employer
programs.</continuation-text></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H1443BC6C76B24776B553CCFD9B958D0D"><enum>(b)</enum><header>Employer
premiums</header><text>Section 3111 of the Internal Revenue Code of 1986
(relating to tax on employers) is amended—</text>
<paragraph id="H96ADC89A0965445EB78DF737692784A3"><enum>(1)</enum><text>by redesignating
subsection (c) as subsection (d); and</text>
</paragraph><paragraph id="H6D7E5BEAAE534630BF61A0C7C1FA151E"><enum>(2)</enum><text>by inserting after
subsection (c) the following new subsection:</text>
<quoted-block id="H06437EE1234C49F2934EBEC422860CB0">
<subsection id="H391A0D728A5E4B7BA40B26A16A898937"><enum>(c)</enum><header>Family and
medical leave premiums</header>
<paragraph id="H7457CD8FA7B64FC680FC0833AE97B801"><enum>(1)</enum><header>In
general</header><text>In addition to the excise taxes imposed by subsections
(a) and (b), there is imposed on every employer a family and medical leave
premium, with respect to having individuals in such employer’s employ, equal to
the applicable percentage of the wages (as defined in section 3121(a)) paid by
such employer with respect to employment (as defined in section
3121(b)).</text>
</paragraph><paragraph id="HB44531DE4C514D3A94595DDBAD540EBC"><enum>(2)</enum><header>Applicable
percentage</header><text>For purposes of paragraph (1), the applicable
percentage is—</text>
<subparagraph id="HE696F17DB4A344AAA6E75D09F4251C67"><enum>(A)</enum><text>0.1 percent with
respect to small employers (as defined in section 3(b) of the Family Leave
Insurance Act of 2009) electing to participate in the Family and Medical Leave
Insurance Program (established under section 102 of such Act); and</text>
</subparagraph><subparagraph id="HF593FF9487034F83B872D481F3377782"><enum>(B)</enum><text>0.2 percent with
respect to all other employers.</text>
</subparagraph></paragraph><paragraph id="HB071618DF6FE45EFA1794D5A9A0E3E57"><enum>(3)</enum><header>Exception for
certain employers</header><text>Paragraph (1) shall not apply for any period
with respect to an employer to whom paragraph (1) of section 3101(c) does not
apply by reason of paragraph (3)
thereof.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H7A6EF883C0C0472D910ADBD18E33C6C0"><enum>(c)</enum><header>Self-employed
premiums</header><text>Section 1401 of the Internal Revenue Code of 1986 is
amended—</text>
<paragraph id="HBEAEEA5BD4BB4C0EBA21E40E0B0406A0"><enum>(1)</enum><text>by redesignating
subsection (c) as subsection (d); and</text>
</paragraph><paragraph id="HA77B6025BE41452AA2B7019F41D34C15"><enum>(2)</enum><text>by inserting after
subsection (b) the following new subsection:</text>
<quoted-block id="H23A5A53267E2488AA7F32FFEB56750DC">
<subsection id="HFC545DD58A5B411F96BF37BBC449E3F9"><enum>(c)</enum><header>Family and
medical leave premiums</header>
<paragraph id="HEAC97FE6CDFA459696086AD27E55075A"><enum>(1)</enum><header>In
general</header><text>In addition to the taxes imposed by subsections (a) and
(b), there is imposed for each taxable year, on the self-employment income of
every individual, a family and medical leave premium equal to 0.4 percent of
the amount of the self-employment income for such taxable year.</text>
</paragraph><paragraph id="H994871083E9B4AECB81F06C3476AB349"><enum>(2)</enum><header>Exception for
certain employers</header><text>Paragraph (1) shall not apply for any period
with respect to an employer who has not elected to participate in the Family
and Medical Leave Insurance Program (established under section 102 of the
Family Leave Insurance Act of
2009).</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H1BA98F58112541BC9F376A23EE585C02"><enum>(d)</enum><header>Conforming
amendments to Social Security Act</header><text>Section 201 of the Social
Security Act (42 U.S.C. 401) is amended—</text>
<paragraph id="H3898BBB6E22B4219994D9886EA6F72B5"><enum>(1)</enum><text>by striking
<quote>sections 3101(b) and 3111(b)</quote> both places it appears in
subsection (a)(3) and inserting <quote>sections 3101(b), 3101(c), 3111(b), and
3111(c)</quote>, and</text>
</paragraph><paragraph id="H293D51C7A2214705B6BBAF37E7AADACD"><enum>(2)</enum><text>by striking
<quote>section 1401(b)</quote> both places it appears in subsection (a)(4) and
inserting <quote>sections 1401(b) and 1401(c)</quote>.</text>
</paragraph></subsection><subsection id="H6D619012C4DD4EBB92C5AA58E66401DF"><enum>(e)</enum><header>Effective
Date</header>
<paragraph id="H84B85BC4EB7F4AE286881DD4CFF865A9"><enum>(1)</enum><header>Employment
premiums</header><text>The amendments made by subsections (a), (b), and (d)(1)
shall apply to wages paid after December 31, 2010.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H6F11D0D4BA77429E9E421F74041B5577"><enum>(2)</enum><header>Self-employment
premiums</header><text>The amendments made by subsections (c) and (d)(2) shall
apply to taxable years beginning after December 31, 2010.</text>
</paragraph></subsection></section>