[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2339 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2339

 To establish a program that supports the efforts of States to provide 
   partial or full wage replacement to new parents, so that the new 
   parents are able to spend time with a new infant or newly adopted 
         child, and to other employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2009

 Ms. Woolsey introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To establish a program that supports the efforts of States to provide 
   partial or full wage replacement to new parents, so that the new 
   parents are able to spend time with a new infant or newly adopted 
         child, and to other employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Income to Respond to 
Significant Transitions Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alternative base period calculation.--The term 
        ``alternative base period'' means a base period that includes 
        the most recently completed calendar quarter before the start 
        of the benefit year.
            (2) Benefit year.--The term ``benefit year'' means the 1-
        year period beginning with the first day of the first week with 
        respect to which an individual files a valid claim for 
        benefits.
            (3) Employer; son or daughter; state.--The terms 
        ``employer'', and ``son or daughter'', and ``State'' have the 
        meanings given the terms in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (4) States without an existing program.--The phrase 
        ``States without an existing program'' refers to States where a 
        program to provide partial or full wage replacement as 
        described in section 3 is not in effect on the date of the 
        enactment of this Act.
            (5) States with an existing program.--The phrase ``States 
        with an existing program'' refers to States where a program to 
        provide partial or full wage replacement as described in 
        section 3 is in effect on the date of the enactment of this 
        Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 3. STATE GRANTS.

    (a) Grants.--
            (1) In general.--From the amounts appropriated under 
        section 4, the Secretary shall award grants to States to pay 
        for the Federal share of the cost of carrying out programs that 
        assist families by providing, through various mechanisms, wage 
        replacement for eligible individuals taking leave--
                    (A) to respond to caregiving needs resulting from 
                the birth or adoption of a son or daughter; or
                    (B) for other purposes under the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2611 et seq.) or provided 
                under State or local law.
            (2) Periods.--
                    (A) States without an existing program.--A State 
                without an existing program may receive--
                            (i) 1 grant for up to a 3-year period to 
                        fund the activities described in subsection 
                        (b)(1); and
                            (ii) 1 grant for up to a 3-year period to 
                        fund the activities described in subsection 
                        (b)(2).
                    (B) States with an existing program.--A State with 
                an existing program may receive 1 grant for up to a 3-
                year period to fund the activities described in 
                subsection (b)(2).
            (3) Priority.--In awarding grants described in paragraph 
        (2)(A)(ii), the Secretary shall give priority to States that 
        have not received a grant described in paragraph (2)(A)(i).
    (b) Uses of Funds.--
            (1) States without an existing program.--States without an 
        existing program shall use the funds made available through the 
        grant--
                    (A) to implement and develop such a program in the 
                State, and to pay for any other administrative costs of 
                the program; and
                    (B) to cover the cost of providing partial or full 
                wage replacement as described in this section to 
                eligible individuals for not longer than the first 6 
                months of the program.
            (2) States with an existing program.--States with an 
        existing program, or States without an existing program who 
        have previously received a grant under this Act, may use the 
        funds made available through the grant--
                    (A) to conduct outreach or education programs that 
                promote such program and educate the residents of the 
                State about such program;
                    (B) to cover the cost of providing partial or full 
                wage replacement as described in this section to 
                eligible individuals;
                    (C) to cover any administrative costs of the 
                program;
                    (D) to provide incentives to employers in such 
                State that are not covered by the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2614) to provide the 
                employment and benefits protection described in section 
                104 of such Act (29 U.S.C. 2614); or
                    (E) for any other purpose approved by the 
                Secretary.
            (3) Partial or full wage replacement.--
                    (A) In general.--In carrying out a program under 
                this section, a State shall provide partial or full 
                wage replacement for not less than 6 weeks (or some 
                lesser period as determined by the Secretary) during a 
                period of leave during any 12-month period to an 
                eligible individual--
                            (i) directly;
                            (ii) through an insurance program, such as 
                        a State temporary disability insurance program 
                        or a State unemployment compensation benefit 
                        program;
                            (iii) through a private disability or other 
                        insurance plan, or another mechanism provided 
                        by a private employer; or
                            (iv) through another mechanism.
                    (B) Eligibility criteria.--To be eligible to 
                receive a grant under this Act, the criteria a State 
                may use to determine whether an individual is eligible 
                for wage replacement under this section shall--
                            (i) in States that use the alternative base 
                        period in calculating unemployment benefits--
                                    (I) be equal to or less than the 
                                number of hours worked or the amount of 
                                wages earned that are required to 
                                qualify for such benefits in the State; 
                                or
                                    (II) be eligibility criteria that 
                                lead to an equal or greater number of 
                                individuals being eligible for wage 
                                replacement under this section than the 
                                number of individuals eligible for such 
                                wage replacement under the criteria 
                                described in subclause (I);
                            (ii) in States that do not use the 
                        alternative base period in calculating 
                        unemployment benefits--
                                    (I) be equal to or less than the 
                                number of hours worked or the amount of 
                                wages earned that are required to 
                                qualify for such benefits in the State, 
                                but shall be calculated using an 
                                alternative base period for purposes of 
                                this subparagraph in the case of an 
                                individual who would not otherwise 
                                qualify for such benefits in the State; 
                                or
                                    (II) be eligibility criteria that 
                                lead to an equal or greater number of 
                                individuals being eligible for wage 
                                replacement under this section than the 
                                number of individuals eligible for such 
                                wage replacement under the criteria 
                                described in subclause (I); and
                            (iii) with the exception of any notice, 
                        certification, or other administrative 
                        requirements specified by a State in subsection 
                        (d), not include any eligibility criteria not 
                        specified in clause (i) or (ii).
                    (C) Additional compensation.--Wage replacement 
                available to an eligible individual under this Act 
                shall be in addition to any compensation from annual or 
                sick leave that the individual may elect to use during 
                a period of leave during any 12-month period.
    (c) Eligible Individuals.--To be eligible to receive wage 
replacement under a program receiving a grant under this Act, an 
individual shall--
            (1) meet the eligibility criteria and any notice and 
        certification requirements that the State may specify in an 
        application described in section (d); and
            (2) be--
                    (A) an individual who is taking leave under the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                seq.), other Federal, State, or local law, or under a 
                private plan, or a program receiving a grant under this 
                Act, for a reason described in subparagraph (A) or (B) 
                of section 102(a)(1) of the Family and Medical Leave 
                Act of 1993 (29 U.S.C. 2612(a)(1));
                    (B) at the option of the State, an individual who--
                            (i) is taking leave under such Act, other 
                        Federal, State, or local law, or under a 
                        private plan, or a program receiving a grant 
                        under this Act, for a reason described in 
                        subparagraph (C), (D), or (E) of section 
                        102(a)(1), or under paragraph (3) of section 
                        102(a) of the Family and Medical Leave Act of 
                        1993 (29 U.S.C. 2612(a)(1)); 2612(a)(4); or
                            (ii) is taking leave under a program 
                        receiving a grant under this Act--
                                    (I) because of the birth of a son 
                                or daughter of any individual whose 
                                relationship to the individual taking 
                                leave is recognized for purposes of 
                                such leave under State or local law;
                                    (II) because of the placement of a 
                                son or daughter for adoption or foster 
                                care with any individual whose 
                                relationship to the individual taking 
                                leave is recognized for purposes of 
                                such leave under State or local law;
                                    (III) in order to care for any 
                                individual who has a serious health 
                                condition and whose relationship to the 
                                individual taking leave is recognized 
                                for purposes of such leave under State 
                                or local law;
                                    (IV) because of a qualifying 
                                exigency (as determined by State or 
                                local law) arising out of the fact that 
                                any individual is on active duty (or 
                                has been notified of an impending call 
                                or order to active duty) in the Armed 
                                Forces in support of a contingency 
                                operation and whose relationship to the 
                                individual taking leave is recognized 
                                for purposes of such leave under State 
                                or local law; or
                                    (V) to care for any individual who 
                                is a covered servicemember (as 
                                determined by State or local law) and 
                                whose relationship to the individual 
                                taking leave is recognized for purposes 
                                of such leave under State or local law.
    (d) Application.--To be eligible to receive a grant under this 
section, a State shall submit an application to the Secretary, at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require, including, at a minimum--
            (1) a description of the wage replacement program and, if 
        applicable, how the grant funds will be used to implement and 
        develop such program;
            (2)(A) information on the number and type of families to be 
        covered by the program, and the extent of such coverage in the 
        area served under the grant;
            (B) information on any eligibility criteria and any notice, 
        certification, or other administrative requirements that the 
        State will use to determine whether an individual is eligible 
        for wage replacement under this section, as described in 
        subsection (c)(1);
            (C) an assurance that such eligibility criteria meet the 
        requirements of subsection (b)(3)(B);
            (3) if the program will expand on State and private systems 
        of wage replacement for eligible individuals, information on 
        the manner in which the program will expand on the systems;
            (4) information demonstrating the manner in which the wage 
        replacement assistance provided through the program will assist 
        families in which an individual takes leave; and
            (5) which State agency will administer the program.
    (e) Selection Criteria.--In selecting States to receive grants for 
programs under this Act, the Secretary shall take into consideration--
            (1) the scope of the proposed programs;
            (2) the cost-effectiveness, feasibility, and financial 
        soundness of the proposed programs;
            (3) the extent to which the proposed programs would expand 
        access to wage replacement in response to family caregiving 
        needs, particularly for low-wage employees, in the area served 
        by the grant; and
            (4) the benefits that would be offered to families and 
        children through the proposed programs.
    (f) Federal Share.--
            (1) In general.--
                    (A) For each State without an existing program that 
                has not previously received a grant under this Act, the 
                Federal share--
                            (i) of the cost to implement and develop 
                        the program, and any other administrative costs 
                        of the program, shall be 100 percent for up to 
                        a 3-year period; and
                            (ii) of the cost of providing partial or 
                        full wage replacement as described in this 
                        section to eligible individuals for not longer 
                        than the first 6 months of the program, shall 
                        be--
                                    (I) 50 percent in the case of such 
                                State with a program to provide wage 
                                replacement to eligible individuals 
                                taking leave for any reason described 
                                in subparagraph (A) or (B) of section 
                                102(a)(1) of the Family and Medical 
                                Leave Act of 1993 (29 U.S.C. 
                                2612(a)(1));
                                    (II) 75 percent in the case of such 
                                State with a program to provide wage 
                                replacement to eligible individuals 
                                taking leave for any reason described 
                                in subclause (I) and to eligible 
                                individuals taking leave for any (but 
                                not all) of the following reasons:
                                            (aa) A reason described in 
                                        subparagraph (C) section 
                                        102(a)(1) of the Family and 
                                        Medical Leave Act of 1993 (29 
                                        U.S.C. 2612(a)(1));
                                            (bb) A reason described in 
                                        subparagraph (D) of such 
                                        section (29 U.S.C. 2612(a)(1));
                                            (cc) A reason described in 
                                        subparagraph (E) of such 
                                        section (29 U.S.C. 2612(a)(1)); 
                                        or
                                            (dd) A reason described in 
                                        under paragraph (3) of section 
                                        102(a) of such Act (29 U.S.C. 
                                        2612(a)(3)); or
                                    (III) 100 percent in the case of 
                                such State with a program to provide 
                                wage replacement to eligible 
                                individuals taking leave for any of the 
                                reasons described subclause (I) or 
                                (II).
                    (B) Subject to paragraph (3), for each State with 
                an existing program, or for each State without an 
                existing program that has previously received a grant 
                under this Act, the Federal share of the cost to carry 
                out the activities described in subsection (b)(2) shall 
                be--
                            (i) 50 percent for the first year of the 
                        grant period;
                            (ii) 40 percent for the second year of that 
                        period; and
                            (iii) 30 percent for the third year of that 
                        period.
            (2) Non-federal share.--The non-Federal share of the cost 
        may be in cash or in kind, fairly evaluated, including plant, 
        equipment, and services and may be provided from State, local, 
        or private sources, or from Federal sources other than this 
        Act.
            (3) Discretion.--The Secretary may increase the Federal 
        share percentages under paragraph (1)(B).
    (g) Effect on Existing Rights.--Nothing in this Act or in any 
program receiving a grant under this Act shall be construed to 
supersede, preempt, or otherwise infringe on the provisions of any 
collective bargaining agreement or any employment benefit program or 
plan that provides greater rights to employees than the rights 
established under this Act.
    (h) Notification.--A State that provides partial or full wage 
replacement to an eligible individual under this Act shall notify (in a 
form and manner prescribed by the Secretary)--
            (1) the employer of the individual of the amount of the 
        wage replacement provided; and
            (2) the individual and the employer of the individual that 
        the employer shall count an appropriate period of leave, 
        calculated under section 102(g) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2612(g)), against the total amount of 
        leave (if any) to which the employee is entitled under section 
        102(a)(1) of that Act (29 U.S.C. 2612(a)(1)).
    (i) Report.--Not later than 3 years after the beginning of the 
grant period for the first grant made under this Act, and annually 
thereafter, the Secretary shall submit to Congress a report that 
contains a description and evaluation of the grant program under this 
section for the preceding year.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$1,500,000,000 for fiscal years 2010 through 2013 and such sums as may 
be necessary for each of the succeeding fiscal years.
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