[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2161 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2161

To nullify certain regulations promulgated under the Family and Medical 
   Leave Act of 1993 and restore prior regulations and to direct the 
Secretary of Labor to revise certain additional regulations under that 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

  Ms. Shea-Porter (for herself, Mr. George Miller of California, Ms. 
Woolsey, Mr. Payne, Mr. Hare, Mr. Courtney, Mr. Bishop of New York, Ms. 
   Hirono, Mr. Kucinich, Mr. Scott of Virginia, Ms. Schakowsky, Mr. 
Loebsack, Mr. Grijalva, Mr. Hinojosa, Mr. Wu, Ms. Pingree of Maine, Mr. 
 Cohen, Ms. DeGette, Ms. Moore of Wisconsin, Ms. Sutton, Mrs. Maloney, 
  Ms. Waters, Ms. Fudge, Ms. Eddie Bernice Johnson of Texas, and Ms. 
Castor of Florida) 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 nullify certain regulations promulgated under the Family and Medical 
   Leave Act of 1993 and restore prior regulations and to direct the 
Secretary of Labor to revise certain additional regulations under that 
                                  Act.

    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 Restoration 
Act''.

SEC. 2. NULLIFICATION AND REVISION OF CERTAIN REGULATIONS UNDER THE 
              FAMILY AND MEDICAL LEAVE ACT.

    (a) Revision of Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Labor shall revise 
regulations promulgated under the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611 et seq.) and contained in section 825 of title 29, Code 
of Federal Regulations as follows:
            (1) Repeal the regulations promulgated on November 17, 
        2008, and set forth in sections 825.205(a)(2), 825.207, 
        825.215, 825.220(d), 825.302, 825.303, 825.307, and 825.312 of 
        title 29, Code of Federal Regulations, and restore the 
        regulations to carry out such Act as promulgated on January 6, 
        1996.
            (2) Revise section 825.308(b) of such title to permit an 
        employer to require recertification of a medical condition no 
        earlier than--
                    (A) the expiration of the length of time indicated 
                in the original certification of the medical condition; 
                or
                    (B) 1 year after obtaining the original 
                certification for a medical condition, if the original 
                certification indicated that the condition would last 
                longer than 1 year.
            (3) Revise section 825.115 (a) and (c) to remove the 
        requirements for a specific number of periodic visits for 
        treatment by a health care provider in order to qualify for 
        leave for a serious health condition or chronic condition and 
        to require only the treatment that the health care provider 
        determines proper.
    (b) Revision of Medical Certification Form Templates.--Not later 
than 180 days after the date of enactment of this Act, the Secretary of 
Labor shall, in consultation with health care providers and 
representatives of employers and employees, revise any medical 
certification form templates made available by the Secretary for the 
purpose of medical certification under the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611 et seq.) to permit and facilitate health care 
providers to make the determination of whether a medical condition 
qualifies as a serious health condition for purposes of that Act.
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