[Congressional Record Volume 167, Number 65 (Thursday, April 15, 2021)]
[Senate]
[Pages S1988-S1990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Blumenthal, Ms. Duckworth, Mr. 
        Leahy, and Mr. Brown):
  S. 1185. 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; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1185

       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 the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is 
     amended by adding at the end the following:
       ``(20) Any other individual related by blood whose close 
     association is the equivalent of a family relationship.--The 
     term `any other individual related by blood 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 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 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 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

[[Page S1989]]

     niece, or covered servicemember of the employee, or any other 
     individual related by blood 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 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 
     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 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 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 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 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.--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 
     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 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 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 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 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 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 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,

[[Page S1990]]

     uncle or aunt, or nephew or niece of the employee, or any 
     other individual related by blood 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 by adding at the end the following:
       ``(3) An employee may elect 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. If 
     the employee elects 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''.
                                 ______