[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3071 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3071

 To amend the Family and Medical Leave Act of 1993 and title 5, United 
States Code, to permit leave to care for a domestic partner, parent-in-
 law, or adult child, or another related individual, who has a serious 
health condition, and to allow employees to take, as additional leave, 
  parental involvement and family wellness leave to participate in or 
      attend their children's and grandchildren's educational and 
         extracurricular activities or meet family care needs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2019

Mr. Durbin (for himself, Mr. Blumenthal, Ms. Duckworth, Mr. Leahy, Ms. 
 Harris, and Mr. Brown) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Family and Medical Leave Act of 1993 and title 5, United 
States Code, to permit leave to care for a domestic partner, parent-in-
 law, or adult child, or another related individual, who has a serious 
health condition, and to allow employees to take, as additional leave, 
  parental involvement and family wellness leave to participate in or 
      attend their children's and grandchildren's educational and 
         extracurricular activities or meet family care needs.

    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 Medical Leave Modernization 
Act''.

SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW, DAUGHTER-IN-
              LAW, PARENT-IN-LAW, ADULT CHILD, GRANDPARENT, GRANDCHILD, 
              OR SIBLING OF THE EMPLOYEE, OR ANOTHER RELATED 
              INDIVIDUAL.

    (a) Definitions.--
            (1) Inclusion of related individuals.--Section 101 of such 
        Act is further amended by adding at the end the following:
            ``(20) Any other individual related by blood or affinity 
        whose close association is the equivalent of a family 
        relationship.--The term `any other individual related by blood 
        or affinity whose close association is the equivalent of a 
        family relationship', used with respect to an employee, means 
        any person with whom the employee has a significant personal 
        bond that is or is like a family relationship, regardless of 
        biological or legal relationship.
            ``(21) Domestic partner.--The term `domestic partner', used 
        with respect to an employee, means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partnership or civil 
                union law of a State or political subdivision of a 
                State; or
                    ``(B) in the case of an unmarried employee, an 
                unmarried adult person who is in a committed, personal 
                relationship with the employee, is not a domestic 
                partner as described in subparagraph (A) to or in such 
                a relationship with any other person, and who is 
                designated to the employer by such employee as that 
                employee's domestic partner.
            ``(22) Grandchild.--The term `grandchild' means the son or 
        daughter of an employee's son or daughter.
            ``(23) Grandparent.--The term `grandparent' means a parent 
        of a parent of an employee.
            ``(24) Nephew; niece.--The terms `nephew' and `niece', used 
        with respect to an employee, mean a son or daughter of the 
        employee's sibling.
            ``(25) Parent-in-law.--The term `parent-in-law' means a 
        parent of the spouse or domestic partner of an employee.
            ``(26) Sibling.--The term `sibling' means any person who is 
        a son or daughter of an employee's parent (other than the 
        employee).
            ``(27) Son-in-law; daughter-in-law.--The terms `son-in-law' 
        and `daughter-in-law', used with respect to an employee, mean 
        any person who is a spouse or domestic partner of a son or 
        daughter, as the case may be, of the employee.
            ``(28) Uncle; aunt.--The terms `uncle' and `aunt', used 
        with respect to an employee, mean the son or daughter, as the 
        case may be, of the employee's grandparent (other than the 
        employee's parent).''.
            (2) Inclusion of adult children and children of a domestic 
        partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is 
        amended--
                    (A) by inserting ``a child of an individual's 
                domestic partner,'' after ``a legal ward,''; and
                    (B) by striking ``who is--'' and all that follows 
                and inserting ``and includes an adult child.''.
    (b) Leave Requirement.--Section 102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``spouse, or a son, daughter, or parent, of the 
                        employee, if such spouse, son, daughter, or 
                        parent'' and inserting ``spouse or domestic 
                        partner, or a son or daughter, son-in-law, 
                        daughter-in-law, parent, parent-in-law, 
                        grandparent, grandchild, sibling, uncle or 
                        aunt, or nephew or niece of the employee, or 
                        any other individual related by blood or 
                        affinity whose close association is the 
                        equivalent of a family relationship with the 
                        employee, if such spouse, domestic partner, son 
                        or daughter, son-in-law, daughter-in-law, 
                        parent, parent-in-law, grandparent, grandchild, 
                        sibling, uncle or aunt, or nephew or niece, or 
                        such other individual''; and
                            (ii) in subparagraph (E), by striking 
                        ``spouse, or a son, daughter, or parent of the 
                        employee'' and inserting ``spouse or domestic 
                        partner, or a son or daughter, son-in-law, 
                        daughter-in-law, parent, parent-in-law, 
                        grandchild, sibling, uncle or aunt, or nephew 
                        or niece of the employee, or any other 
                        individual related by blood or affinity whose 
                        close association is the equivalent of a family 
                        relationship with the employee''; and
                    (B) in paragraph (3), by striking ``spouse, son, 
                daughter, parent, or next of kin of a covered 
                servicemember'' and inserting ``spouse or domestic 
                partner, son or daughter, son-in-law, daughter-in-law, 
                parent, parent-in-law, grandparent, sibling, uncle or 
                aunt, nephew or niece, or next of kin of a covered 
                servicemember, or any other individual related by blood 
                or affinity whose close association is the equivalent 
                of a family relationship with the covered 
                servicemember'';
            (2) in subsection (e)--
                    (A) in paragraph (2)(A), by striking ``son, 
                daughter, spouse, parent, or covered servicemember of 
                the employee, as appropriate'' and inserting ``son or 
                daughter, son-in-law, daughter-in-law, spouse or 
                domestic partner, parent, parent-in-law, grandparent, 
                grandchild, sibling, uncle or aunt, nephew or niece, or 
                covered servicemember of the employee, or any other 
                individual related by blood or affinity whose close 
                association is the equivalent of a family relationship 
                with the employee, as appropriate''; and
                    (B) in paragraph (3), by striking ``spouse, or a 
                son, daughter, or parent, of the employee'' and 
                inserting ``spouse or domestic partner, or a son or 
                daughter, son-in-law, daughter-in-law, parent, parent-
                in-law, grandchild, sibling, uncle or aunt, or nephew 
                or niece of the employee, or any other individual 
                related by blood or affinity whose close association is 
                the equivalent of a family relationship with the 
                employee, as appropriate,''; and
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, or domestic partners,'' 
                        after ``husband and wife''; and
                            (ii) in subparagraph (B), by inserting ``or 
                        parent-in-law'' after ``parent''; and
                    (B) in paragraph (2), by inserting ``, or those 
                domestic partners,'' after ``husband and wife'' each 
                place it appears.
    (c) Certification.--Section 103 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2613) is amended--
            (1) in subsection (a), by striking ``son, daughter, spouse, 
        or parent of the employee, or of the next of kin of an 
        individual in the case of leave taken under such paragraph (3), 
        as appropriate'' and inserting ``son or daughter, son-in-law, 
        daughter-in-law, spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, uncle or aunt, or nephew 
        or niece of the employee, or the next of kin of an individual, 
        or any other individual related by blood or affinity whose 
        close association is the equivalent of a family relationship 
        with the employee, as appropriate''; and
            (2) in subsection (b)--
                    (A) in paragraph (4)(A), by striking ``son, 
                daughter, spouse, or parent and an estimate of the 
                amount of time that such employee is needed to care for 
                the son, daughter, spouse, or parent'' and inserting 
                ``son or daughter, son-in-law, daughter-in-law, spouse 
                or domestic partner, parent, parent-in-law, 
                grandparent, grandchild, sibling, uncle or aunt, or 
                nephew or niece of the employee, or any other 
                individual related by blood or affinity whose close 
                association is the equivalent of a family relationship 
                with the employee, as appropriate, and an estimate of 
                the amount of time that such employee is needed to care 
                for such son or daughter, son-in-law, daughter-in-law, 
                spouse or domestic partner, parent, parent-in-law, 
                grandparent, grandchild, sibling, uncle or aunt, or 
                nephew or niece, or such other individual''; and
                    (B) in paragraph (7), by striking ``son, daughter, 
                parent, or spouse who has a serious health condition, 
                or will assist in their recovery,'' and inserting ``son 
                or daughter, son-in-law, daughter-in-law, spouse or 
                domestic partner, parent, parent-in-law, grandparent, 
                grandchild, sibling, uncle or aunt, or nephew or niece, 
                with a serious health condition, of the employee, or an 
                individual, with a serious health condition, who is any 
                other individual related by blood or affinity whose 
                close association is the equivalent of a family 
                relationship with the employee, as appropriate, or will 
                assist in the recovery,''.
    (d) Employment and Benefits Protection.--Section 104(c)(3) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is 
amended--
            (1) in subparagraph (A)(i), by striking ``son, daughter, 
        spouse, or parent of the employee, as appropriate,'' and 
        inserting ``son or daughter, son-in-law, daughter-in-law, 
        spouse or domestic partner, parent, parent-in-law, grandparent, 
        grandchild, sibling, uncle or aunt, or nephew or niece of the 
        employee, or any other individual related by blood or affinity 
        whose close association is the equivalent of a family 
        relationship with the employee, as appropriate,''; and
            (2) in subparagraph (C)(ii), by striking ``son, daughter, 
        spouse, or parent'' and inserting ``employee's son or daughter, 
        son-in-law, daughter-in-law, spouse or domestic partner, 
        parent, parent-in-law, grandparent, grandchild, sibling, uncle 
        or aunt, or nephew or niece, or (with relation to the employee) 
        any other individual related by blood or affinity whose close 
        association is the equivalent of a family relationship, as 
        appropriate,''.

SEC. 3. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW, DAUGHTER-IN-
              LAW, PARENT-IN-LAW, ADULT CHILD, GRANDPARENT, GRANDCHILD, 
              OR SIBLING OF THE EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL 
              FOR FEDERAL EMPLOYEES.

    (a) Definitions.--
            (1) Inclusion of a domestic partner, son-in-law, daughter-
        in-law, parent-in-law, adult child, grandparent, grandchild, or 
        sibling of the employee, or another individual related by blood 
        or affinity.--Section 6381 of title 5, United States Code, is 
        amended--
                    (A) in paragraph (11) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (12), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(13) the term `any other individual related by blood or 
        affinity whose close association is the equivalent of a family 
        relationship', used with respect to an employee, means any 
        person with whom the employee has a significant personal bond 
        that is or is like a family relationship, regardless of 
        biological or legal relationship;
            ``(14) the term `domestic partner', used with respect to an 
        employee, means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partnership or civil 
                union law of a State or political subdivision of a 
                State; or
                    ``(B) in the case of an unmarried employee, an 
                unmarried adult person who is in a committed, personal 
                relationship with the employee, is not a domestic 
                partner as described in subparagraph (A) or in such a 
                relationship with any other person, and who is 
                designated to the employing agency by such employee as 
                that employee's domestic partner;
            ``(15) the term `grandchild' means the son or daughter of 
        an employee's son or daughter;
            ``(16) the term `grandparent' means a parent of a parent of 
        an employee;
            ``(17) the terms `nephew' and `niece', used with respect to 
        an employee, mean a son or daughter of the employee's sibling;
            ``(18) the term `parent-in-law' means a parent of the 
        spouse or domestic partner of an employee;
            ``(19) the term `sibling' means any person who is a son or 
        daughter of an employee's parent (other than the employee);
            ``(20) the terms `son-in-law' and `daughter-in-law', used 
        with respect to an employee, mean any person who is a spouse or 
        domestic partner of a son or daughter, as the case may be, of 
        the employee;
            ``(21) the term `State' has the same meaning given the term 
        in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203); and
            ``(22) the terms `uncle' and `aunt', used with respect to 
        an employee, mean the son or daughter, as the case may be, of 
        the employee's grandparent (other than the employee's 
        parent).''.
            (2) Inclusion of adult children and children of a domestic 
        partner.--Section 6381(6) of such title is amended--
                    (A) by inserting ``a child of an individual's 
                domestic partner,'' after ``a legal ward,''; and
                    (B) by striking ``who is--'' and all that follows 
                and inserting ``and includes an adult child''.
    (b) Leave Requirement.--Section 6382 of title 5, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``spouse, or a son, daughter, or parent, of the 
                        employee, if such spouse, son, daughter, or 
                        parent'' and inserting ``spouse or domestic 
                        partner, or a son or daughter, son-in-law, 
                        daughter-in-law, parent, parent-in-law, 
                        grandparent, grandchild, sibling, uncle or 
                        aunt, or nephew or niece of the employee, or 
                        any other individual related by blood or 
                        affinity whose close association with the 
                        employee is the equivalent of a family 
                        relationship, if such spouse, domestic partner, 
                        son or daughter, son-in-law, daughter-in-law, 
                        parent, parent-in-law, grandparent, grandchild, 
                        sibling, uncle or aunt, or nephew or niece, or 
                        such other individual''; and
                            (ii) in subparagraph (E), by striking 
                        ``spouse, or a son, daughter, or parent of the 
                        employee'' and inserting ``spouse or domestic 
                        partner, or a son or daughter, son-in-law, 
                        daughter-in-law, parent, parent-in-law, 
                        grandchild, sibling, uncle or aunt, or nephew 
                        or niece of the employee, or any other 
                        individual related by blood or affinity whose 
                        close association is the equivalent of a family 
                        relationship with the employee''; and
                    (B) in paragraph (3), by striking ``spouse, son, 
                daughter, parent, or next of kin of a covered 
                servicemember'' and inserting ``spouse or domestic 
                partner, son or daughter, son-in-law, daughter-in-law, 
                parent, parent-in-law, grandparent, sibling, uncle or 
                aunt, nephew or niece, or next of kin of a covered 
                servicemember, or any other individual related by blood 
                or affinity whose close association is the equivalent 
                of a family relationship with the covered 
                servicemember''; and
            (2) in subsection (e)--
                    (A) in paragraph (2)(A), by striking ``son, 
                daughter, spouse, parent, or covered servicemember of 
                the employee, as appropriate'' and inserting ``son or 
                daughter, son-in-law, daughter-in-law, spouse or 
                domestic partner, parent, parent-in-law, grandparent, 
                grandchild, sibling, uncle or aunt, nephew or niece, or 
                covered servicemember of the employee, or any other 
                individual related by blood or affinity whose close 
                association is the equivalent of a family relationship 
                with the employee, as appropriate''; and
                    (B) in paragraph (3), by striking ``spouse, or a 
                son, daughter, or parent, of the employee'' and 
                inserting ``spouse or domestic partner, or a son or 
                daughter, son-in-law, daughter-in-law, parent, parent-
                in-law, grandchild, sibling, uncle or aunt, or nephew 
                or niece of the employee, or any other individual 
                related by blood or affinity whose close association is 
                the equivalent of a family relationship with the 
                employee, as appropriate,''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``son, daughter, spouse, 
        or parent of the employee, as appropriate'' and inserting ``son 
        or daughter, son-in-law, daughter-in-law, spouse or domestic 
        partner, parent, parent-in-law, grandparent, grandchild, 
        sibling, uncle or aunt, or nephew or niece of the employee, or 
        any other individual related by blood or affinity whose close 
        association is the equivalent of a family relationship with the 
        employee, as appropriate''; and
            (2) in subsection (b)(4)(A), by striking ``son, daughter, 
        spouse, or parent, and an estimate of the amount of time that 
        such employee is needed to care for such son, daughter, spouse, 
        or parent'' and inserting ``son or daughter, son-in-law, 
        daughter-in-law, spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, uncle or aunt, or nephew 
        or niece of the employee, or any other individual related by 
        blood or affinity whose close association is the equivalent of 
        a family relationship with the employee, as appropriate, and an 
        estimate of the amount of time that such employee is needed to 
        care for such son or daughter, son-in-law, daughter-in-law, 
        spouse or domestic partner, parent, parent-in-law, grandparent, 
        grandchild, sibling, uncle or aunt, or nephew or niece, or such 
        other individual''.

SEC. 4. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 102(a) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)), as amended by section 2(b), is 
further amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Entitlement to additional leave for parental 
        involvement and family wellness.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                section 103(g), an eligible employee shall be entitled 
                to leave under this paragraph to--
                            ``(i) participate in or attend an activity 
                        that is sponsored by a school or community 
                        organization and relates to a program of the 
                        school or organization that is attended by a 
                        son or daughter or a grandchild of the 
                        employee; or
                            ``(ii) meet routine family medical care 
                        needs (including by attending medical and 
                        dental appointments of the employee or a son or 
                        daughter, spouse, or grandchild of the 
                        employee) or attend to the care needs of an 
                        elderly individual who is related to the 
                        employee through a relationship described in 
                        section 102(a) (including by making visits to 
                        nursing homes or group homes).
                    ``(B) Limitations.--
                            ``(i) In general.--An eligible employee 
                        shall be entitled to--
                                    ``(I) not to exceed 4 hours of 
                                leave under this paragraph during any 
                                30-day period; and
                                    ``(II) not to exceed 24 hours of 
                                leave under this paragraph during any 
                                12-month period described in paragraph 
                                (4).
                            ``(ii) Coordination rule.--Leave under this 
                        paragraph shall be in addition to any leave 
                        provided under any other paragraph of this 
                        subsection.
                    ``(C) Definitions.--As used in this paragraph:
                            ``(i) Community organization.--The term 
                        `community organization' means a private 
                        nonprofit organization that is representative 
                        of a community or a significant segment of a 
                        community and provides activities for 
                        individuals described in section 101(12), such 
                        as a scouting or sports organization.
                            ``(ii) School.--The term `school' means an 
                        elementary school or secondary school (as such 
                        terms are defined in section 8101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801)), a Head Start program 
                        assisted under the Head Start Act (42 U.S.C. 
                        9831 et seq.), and a child care facility 
                        licensed under State law.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the third sentence the following new 
sentence: ``Subject to subsection (e)(4) and section 103(g), leave 
under subsection (a)(5) may be taken intermittently or on a reduced 
leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 
U.S.C. 2612(d)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Parental involvement leave and family 
                wellness leave.--
                            ``(i) Vacation leave; personal leave; 
                        family leave.--An eligible employee may elect, 
                        or an employer may require the employee, to 
                        substitute any of the accrued paid vacation 
                        leave, personal leave, or family leave of the 
                        employee for any part of the period of leave 
                        under subsection (a)(5).
                            ``(ii) Medical or sick leave.--An eligible 
                        employee may elect, or an employer may require 
                        the employee, to substitute any of the accrued 
                        paid medical or sick leave of the employee for 
                        any part of the period of leave provided under 
                        clause (ii) of subsection (a)(5)(A), except 
                        that nothing in this title shall require an 
                        employer to provide paid sick leave or paid 
                        medical leave in any situation in which such 
                        employer would not normally provide any such 
                        paid leave.
                            ``(iii) Prohibition on restrictions and 
                        limitations.--If the employee elects or the 
                        employer requires the substitution of accrued 
                        paid leave for leave under subsection (a)(5), 
                        the employer shall not restrict or limit the 
                        leave that may be substituted or impose any 
                        additional terms and conditions on the 
                        substitution of such leave that are more 
                        stringent for the employee than the terms and 
                        conditions set forth in this Act.''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)), as 
amended by section 2(b), is further amended by adding at the end the 
following new paragraph:
            ``(4) Notice relating to parental involvement and family 
        wellness leave.--In any case in which an employee requests 
        leave under paragraph (5) of subsection (a), the employee 
        shall--
                    ``(A) provide the employer with not less than 7 
                days' notice, or (if such notice is impracticable) such 
                notice as is practicable, before the date the leave is 
                to begin, of the employee's intention to take leave 
                under such paragraph; and
                    ``(B) in the case of leave to be taken under 
                subsection (a)(5)(A)(ii), make a reasonable effort to 
                schedule the activity or care involved so as not to 
                disrupt unduly the operations of the employer, subject 
                to the approval of the health care provider involved 
                (if any).''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following new subsection:
    ``(g) Certification Related to Parental Involvement and Family 
Wellness Leave.--An employer may require that a request for leave under 
section 102(a)(5) be supported by a certification issued at such time 
and in such manner as the Secretary may by regulation prescribe.''.

SEC. 5. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States 
Code, as amended by section 3(b), is further amended by adding at the 
end the following new paragraph:
    ``(5)(A) Subject to subparagraph (B) and section 6383(f), an 
employee shall be entitled to leave under this paragraph to--
            ``(i) participate in or attend an activity that is 
        sponsored by a school or community organization and relates to 
        a program of the school or organization that is attended by a 
        son or daughter or a grandchild of the employee; or
            ``(ii) meet routine family medical care needs (including by 
        attending medical and dental appointments of the employee or a 
        son or daughter, spouse, or grandchild of the employee) or to 
        attend to the care needs of an elderly individual who is 
        related to the employee through a relationship described in 
        section 6382(a) (including by making visits to nursing homes 
        and group homes).
    ``(B)(i) An employee is entitled to--
            ``(I) not to exceed 4 hours of leave under this paragraph 
        during any 30-day period; and
            ``(II) not to exceed 24 hours of leave under this paragraph 
        during any 12-month period described in paragraph (4).
    ``(ii) Leave under this paragraph shall be in addition to any leave 
provided under any other paragraph of this subsection.
    ``(C) For the purpose of this paragraph--
            ``(i) the term `community organization' means a private 
        nonprofit organization that is representative of a community or 
        a significant segment of a community and provides activities 
        for individuals described in section 6381(6), such as a 
        scouting or sports organization; and
            ``(ii) the term `school' means an elementary school or 
        secondary school (as such terms are defined in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)), a Head Start program assisted under the Head Start Act 
        (42 U.S.C. 9831 et seq.), and a child care facility licensed 
        under State law.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended--
            (1) by inserting after the third sentence the following new 
        sentence: ``Subject to subsection (e)(4) and section 6383(f), 
        leave under subsection (a)(5) may be taken intermittently or on 
        a reduced leave schedule.''; and
            (2) in the last sentence, by striking ``involved,'' and 
        inserting ``involved (or, in the case of leave under subsection 
        (a)(5), for purposes of the 30-day or 12-month period 
        involved),''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended--
            (1) by inserting ``(1)'' after the subsection designation; 
        and
            (2) by adding at the end the following:
    ``(2) An employee may elect, or an employer may require the 
employee, to substitute for any part of the period of leave under 
subsection (a)(5), any of the employee's accrued or accumulated annual 
or sick leave under subchapter I. If the employee elects or the 
employer requires the substitution of that accrued or accumulated 
annual or sick leave for leave under subsection (a)(5), the employing 
agency shall not restrict or limit the leave that may be substituted or 
impose any additional terms and conditions on the substitution of such 
leave that are more stringent for the employee than the terms and 
conditions set forth in this subchapter.''.
    (d) Notice.--Section 6382(e) of such title, as amended by section 
3(b)(2), is further amended by adding at the end the following new 
paragraph:
    ``(4) In any case in which an employee requests leave under 
paragraph (5) of subsection (a), the employee shall--
            ``(A) provide the employing agency with not less than 7 
        days' notice, or (if such notice is impracticable) such notice 
        as is practicable, before the date the leave is to begin, of 
        the employee's intention to take leave under such paragraph; 
        and
            ``(B) in the case of leave to be taken under subsection 
        (a)(5)(A)(ii), make a reasonable effort to schedule the 
        activity or care involved so as not to disrupt unduly the 
        operations of the employing agency, subject to the approval of 
        the health care provider involved (if any).''.
    (e) Certification.--Section 6383(f) of such title is amended by 
striking ``paragraph (1)(E) or (3) of'' and inserting ``paragraph 
(1)(E), (3) or (5) of''.
                                 <all>