[Congressional Record Volume 142, Number 93 (Friday, June 21, 1996)]
[Senate]
[Pages S6662-S6664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD:
  S. 1896. A bill to amend the Family and Medical Leave Act of 1993 to 
apply the act to a greater percentage of the U.S. work force and to 
allow employees to take parental involvement leave to participate in or 
attend their children's educational and extracurricular activities and 
for other purposes; to the Committee on Labor and Human Resources.


     the family medical and parental involvement leave act of 1996

 Mr. DODD. Mr. President, in my nearly 16 years as a U.S. 
Senator few accomplishments have given me as much pride as the day in 
February 1993 when President Clinton signed into law the Family and 
Medical Leave Act.
  Passage of this legislation was an exhausting, lengthy, and sometimes 
exasperating process. But in the end, through the hard and courageous 
work of Senators from both sides of the political aisle, the vast 
opportunities for family and medical leave were made available to 
millions of Americans.
  In an era when the American people bemoan the lack of bipartisanship 
and compromise in Washington, when they decry the blatant and nasty 
partnership, the Family and Medical Leave Act stands in sharp contrast.
  Family and medical leave is an issue that truly goes beyond partisan 
political differences. It is something that

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every American, be they Democrat or Republican, can relate to and 
understand.
  Enactment of the Family and Medical Leave Act in 1993 threw millions 
of struggling Americans a lifeline. It made it easier for people to 
balance the responsibilities of work with their responsibilities to 
their family. And most important, it said to the American people: If 
you or a loved one becomes ill, you won't be forced to choose between 
your family and your job.
  But, my involvement with the issue of family and medical leave did 
not end with its enactment. There is more work to be done.
  Across America, working families, teachers, and school boards 
continue to lament the lack of parental involvement in their children's 
lives. With more and more families working outside the home, with 
mothers and fathers too busy and too stressed from working long hours, 
children are losing the guiding hand they need from their parents.
  The Family and Medical Leave Act performed a genuine need among 
America's working families to allow them take leave in times of medical 
and family emergency. This legislation would continue that process by 
providing parents with the time they need to make a difference in their 
children's education.
  For that reason, I am today introducing legislation that would build 
on our earlier successes while at the same time offering greater leave 
opportunities and flexibility to our Nation's families.
  First, it would lower the threshold of coverage to include worksites 
with 25 or more employees. Today, 40 percent of private sector 
employees remain unprotected by the Family and Medical Leave Act 
because their worksite does not meet the current 50-or-more employee 
threshold.
  Second, the bill would grant eligible parents 24 hours of unpaid 
leave per year to participate in their children's school or community 
group activities. Parents would provide their employers with at least 2 
weeks notice and could take only 4 hours per month, unless otherwise 
agreed to by the employer.
  These are commonsense reforms that build on the successes of the 
Family and Medical Leave Act while providing expanded opportunities for 
American families.
  For those of my colleagues who doubt the success of the Family and 
Medical Leave Act, I urge them to examine a recent bipartisan report, 
which indicates that the success of the Family and Medical Leave Act is 
clear cut.
  When this legislation passed in 1933, provisions of the bill 
established a commission to examine the impact of the act on workers 
and businesses. The commission's analysis spanned 2\1/2\ years, 
including independent research and field hearings across the country to 
hear first hand about the act's impact from individuals and businesses.
  Additionally, through the Bureau of Labor Statistics, we commissioned 
two major research surveys to gauge the impact of family leave policies 
on employees and employers. These surveys provided us with the first 
statistically valid, nationally representative data on the impact on 
the legislation.
  And, the overall findings of this commission are quite clear--family 
and medical leave is an overwhelming success. What's more, according to 
the commission's final report, the law represents ``A significant step 
in helping a larger cross-section of working Americans meet their 
medical and family caregiving needs while still maintaining their jobs 
and economic security.''
  Due to this legislation, Americans have significantly greater 
opportunities to keep their health benefits, maintain job security, and 
take leave for longer and for greater reasons.
  While the American people have seen expanded opportunities under this 
legislation, there is plenty of good news for America's businesses as 
well.
  The conclusions of the bipartisan report are a far cry from the 
concerns that were voiced when this law was being considered in 
Congress. The vast majority of businesses--over 93 percent--report 
little to no additional costs associated with the Family and Medical 
Leave Act. More than 92 percent reported no noticeable effect on 
profitability. And nearly 96 percent reported no noticeable effect on 
growth.
  Additionally, 83 percent of employers reported no noticeable impact 
on employee productivity. And of those that have seen an effect nearly 
as many are as likely to note a positive effect as a negative one. In 
fact, 12.6 percent actually report a positive effect on employee 
productivity from the Family and Medical Leave Act.
  While the benefits of family leave have been clear, millions of 
Americans continue to face painful choices involving their competing 
responsibilities to family and work. Those not covered by FMLA are 
still often told that they must choose between sick family members and 
their jobs. And parents, who want to participate in their children's 
school and community activities, even to attend parent-teacher 
conferences, find their employment responsibilities are forcing them to 
make impossible choices.
  More and more parents are simply too busy to take the time necessary 
to play an active role in their children's education. This comes at a 
time when not only is a strong education so important to our Nation's 
youth, but ample evidence indicates that parental involvement in school 
activities has a dramatic impact on academic performance.
  Studies have shown that academic achievement is much higher at 
schools when parents are strongly involved. In fact, a recent study by 
the Department of Education found that parental involvement is a key 
factor in the development of children's reading skills. And a Carnegie 
Corp. study released this spring found that, ``Parents who want their 
children to do well in school must remain involved in their education 
through the middle and high school years.''
  So many parents, however, simply don't have the time to participate 
in school and community activities while balancing responsibilities to 
their job. A survey of 30,000 PTA leaders found that 89 percent of 
parents do not get involved in their children's education because they 
do not have enough time. Yet another study indicates that 66 percent of 
employed parents report that they don't have enough time for their 
children. And as the number of single-parent families, and families 
where both parents have to work, continues to rise the constraints 
placed on parents are only going to increase.
  The bill that I introduce today represents a genuine and commonsense 
effort to tackle these problems. It would take a giant step toward 
widening the opportunities provided under the Family and Medical Leave 
Act while giving parents the chance to play a greater role in their 
children's education.
  While I'm fully aware this is an election year, I introduce this 
legislation with the hope and expectation that we can put aside our 
political differences and build on the success of the Family and 
Medical Leave Act.
  It's common sense that hard working people should not only be able to 
play a role in their children's lives, but face family crises without 
losing their jobs. The American people understand the need for these 
provisions and I urge all my colleagues to join me in supporting this 
critically important legislation for our Nation's working families.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1896

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

     SECTION 1. COVERAGE OF EMPLOYEES.

       Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611 
     (2)(B)(ii) and (4)(A)(i) are amended by striking ``50'' each 
     place it appears and inserting ``25''.

     SEC 2. PARENTAL INVOLVEMENT LEAVE.

       (a) Leave Requirement.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to parental involvement leave.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 4 hours of leave 
     during any 30-day period, and a total of 24 hours of leave 
     during any 12-month period, in addition to leave available 
     under paragraph (1), to participate in or attend an activity 
     that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee, 
     including foster children.

[[Page S6664]]

       ``(B) 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 subparagraph (A) or (B) of 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 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)), 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 second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     before the period the following: ``, or for leave provided 
     under subsection (a)(3) for any part of the 24-hour period of 
     such leave under such subsection''.
       (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 
     2612(e)(1) is amended by adding at the end of the following: 
     ``In any case in which an employee requests leave under 
     subsection (a)(3), the employee shall provide the employer 
     with not less than 7 day's notice, before the date the 
     leave is to begin, of the employee's intention to take 
     leave under such subsection.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Parental Involvement Leave.--An 
     employer may require that a request for leave under section 
     102(a)(3) be supported by a certification issued at such time 
     and in such manner as the Secretary may by regulation 
     prescribe.''.

     SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.

       (a) Leave Requirements.--Section 6382(a) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(3)(A) Subject to section 6383(f), an employee shall be 
     entitled to a total of 4 hours of leave during any 30-day 
     period, and a total of 24 hours of leave during any 12-month 
     period, in addition to leave available under paragraph (1), 
     to participate in or attend an activity that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee, 
     including foster children.
       ``(B) As used in 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 subparagraph (A) or 
     (B) of section 6381(6), such as a scouting or sports 
     organization.
       ``(ii) The term `school' means an elementary school or 
     secondary school (as such terms are defined in section 14101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8801)), 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 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting before ``, except'' the 
     following: ``, or for leave provided under subsection (a)(3) 
     any of the employee's accrued or accumulated annual leave 
     under subchapter I for any part of the 24-hour period of such 
     leave under such subsection''.
       (d) Notice.--Section 6382(e)(1) of such title is amended by 
     adding at the end the following: ``In any case in which an 
     employee requests leave under subsection (a)(3), the employee 
     shall provide the employing agency with not less than 7 day's 
     notice, before the date the leave is to begin, of the 
     employee's intention to take leave under such subsection.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.
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