Public Law 103-3
Enacted February 5, 1993
An Act
To grant family and temporary medical leave under certain
circumstances.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the "Family and Medical
Leave Act of 1993".
(b) TABLE OF CONTENTS.--The table of contents is as follows:
- Sec. 1. Short title; table of contents.
- Sec. 2. Findings and purposes.
-
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
- Sec. 101. Definitions.
- Sec. 102. Leave requirement.
- Sec. 103. Certification.
- Sec. 104. Employment and benefits protection.
- Sec. 105. Prohibited
acts.
- Sec. 106. Investigative authority.
- Sec. 107. Enforcement.
- Sec. 108. Special rules concerning employees of local
educational agencies.
- Sec. 109. Notice.
-
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
- Sec. 201. Leave requirement.
-
TITLE III--COMMISSION ON LEAVE
- Sec. 301. Establishment.
- Sec. 302. Duties.
- Sec. 303. Membership.
- Sec. 304. Compensation.
- Sec. 305. Powers.
- Sec. 306. Termination.
-
TITLE IV--MISCELLANEOUS PROVISIONS
- Sec. 401. Effect on other laws.
- Sec. 402. Effect on existing employment benefits.
- Sec. 403. Encouragement of more generous leave policies.
- Sec. 404. Regulations.
- Sec. 405. Effective dates.
-
TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES
- Sec. 501. Leave for certain Senate employees.
- Sec. 502. Leave for certain House employees.
-
TITLE VI--SENSE OF CONGRESS
- Sec. 601. Sense of Congress.
SEC. 2. FINDINGS AND PURPOSES.
- (a) FINDINGS.--Congress finds that--
- (1) the number of single-parent households and two-parent
households in which the single parent or both parents work is
increasing significantly;
- (2) it is important for the development of children and the family
unit that fathers and mothers be able to participate in early
childrearing and the care of family members who have serious health
conditions;
- (3) the lack of employment policies to accommodate working parents
can force individuals to choose between job security and parenting;
- (4) there is inadequate job security for employees who have
serious health conditions that prevent them from working for temporary
periods;
- (5) due to the nature of the roles of men and women in our
society, the primary responsibility for family caretaking often falls
on women, and such responsibility affects the working lives of women
more than it affects the working lives of men; and
- (6) employment standards that apply to one gender only have
serious potential for encouraging employers to discriminate against
employees and applicants for employment who are of that gender.
- (b) PURPOSES.--It is the purpose of this Act--
- (1) to balance the demands of the workplace with the needs of
families, to promote the stability and economic security of families,
and to promote national interests in preserving family integrity;
- (2) to entitle employees to take reasonable leave for medical
reasons, for the birth or adoption of a child, and for the care of a
child, spouse, or parent who has a serious health condition;
- (3) to accomplish the purposes described in paragraphs (1) and (2)
in a manner that accommodates the legitimate interests of employers;
- (4) to accomplish the purposes described in paragraphs (1) and (2)
in a manner that, consistent with the Equal Protection Clause of the
Fourteenth Amendment, minimizes the potential for employment
discrimination on the basis of sex by ensuring generally that leave is
available for eligible medical reasons (including maternity-related
disability) and for compelling family reasons, on a gender-neutral
basis; and
- (5) to promote the goal of equal employment opportunity for women
and men, pursuant to such clause.
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
- SEC. 101. DEFINITIONS.
- (1) COMMERCE.--The terms "commerce" and "industry or activity
affecting commerce" mean any activity, business, or industry in
commerce or in which a labor dispute would hinder or obstruct commerce
or the free flow of commerce, and include "commerce" and any "industry
affecting commerce", as defined in paragraphs (1) and (3) of section
501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and
(3)).
- (2) ELIGIBLE EMPLOYEE.--
- (A) IN GENERAL.--The term "eligible employee" means an employee
who has been employed
- (i) for at least 12 months by the employer with respect to
whom leave is requested under section 102; and
- (ii) for at least 1,250 hours of service with such employer
during the previous 12-month period.
- (B) EXCLUSIONS.--The term "eligible employee" does not include
- (i) any Federal officer or employee covered under subchapter V
of chapter 63 of title 5, United States Code (as added by title II
of this Act); or
- (ii) any employee of an employer who is employed at a worksite
at which such employer employs less than 50 employees if the total
number of employees employed by that employer within 75 miles of
that worksite is less than 50.
- (C) DETERMINATION.--For purposes of determining whether an
employee meets the hours of service requirement specified in
subparagraph
- (A)(ii), the legal standards established under section 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply.
- (3) EMPLOY; EMPLOYEE; STATE.--The terms "employ", "employee", and
"State" have the same meanings given such terms in subsections (c),
(e), and (g) of section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(c), (e), and (g)).
- (4) EMPLOYER.--
- (A) IN GENERAL.--The term "employer"
- (i) means any person engaged in commerce or in any industry or
activity affecting commerce who employs 50 or more employees for
each working day during each of 20 or more calendar workweeks in
the current or preceding calendar year;
- (ii) includes--
- (I) any person who acts, directly or indirectly, in the
interest of an employer to any of the employees of such
employer; and
- (II) any successor in interest of an employer; and
- (iii) includes any "public agency", as defined in section 3(x)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)).
- (B) PUBLIC AGENCY.--For purposes of subparagraph (A)(iii), a
public agency shall be considered to be a person engaged in commerce
or in an industry or activity affecting commerce.
- (5) EMPLOYMENT BENEFITS.--The term "employment benefits" means all
benefits provided or made available to employees by an employer,
including group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and
pensions, regardless of whether such benefits are provided by a
practice or written policy of an employer or through an "employee
benefit plan", as defined in section 3(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(3)).
- (6) HEALTH CARE PROVIDER.--The term "health care provider" means--
- (A) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in which
the doctor practices; or
- (B) any other person determined by the Secretary to be capable
of providing health care services.
- (7) PARENT.--The term "parent" means the biological parent of an
employee or an individual who stood in loco parentis to an employee
when the employee was a son or daughter.
- (8) PERSON.--The term "person" has the same meaning given such
term in section 3(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(a)).
- (9) REDUCED LEAVE SCHEDULE.--The term "reduced leave schedule"
means a leave schedule that reduces the usual number of hours per
workweek, or hours per workday, of an employee.
- (10) SECRETARY.--The term "Secretary" means the Secretary of
Labor.
- (11) SERIOUS
HEALTH CONDITION. The term "serious health condition" means an
illness, injury, impairment, or physical or mental condition that
involves
- (A) inpatient care in a hospital, hospice, or residential
medical care facility; or
- (B) continuing treatment by a health care provider.
- (12) SON OR DAUGHTER.--The term "son or daughter" means a
biological, adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis, who is--
- (A) under 18 years of age; or
- (B) 18 years of age or older and incapable of self-care because
of a ental or physical disability.
- (13) SPOUSE.--The term "spouse" means a husband or wife, as the
case may be.
-
SEC. 102. LEAVE REQUIREMENT.
- (a) IN GENERAL.--
- (1) ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible
employee shall be entitled to a total of 12 workweeks of leave
during any 12-month period for one or more of the following:
- (A) Because of the birth of a son or daughter of the employee
and in order to care for such son or daughter.
- (B) Because of the placement of a son or daughter with the
employee for adoption or foster care.
- (C) In order to care for the spouse, or a son, daughter, or
parent, of the employee, if such spouse, son, daughter, or parent
has a serious health condition.
- (D) Because of a serious health condition that makes the
employee unable to perform the functions of the position of such
employee.
- (2) EXPIRATION OF ENTITLEMENT.--The entitlement to leave under
subparagraphs (A) and (B) of paragraph (1) for a birth or placement
of a son or daughter shall expire at the end of the 12-month period
beginning on the date of such birth or placement.
- (b) LEAVE
TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE.
- (1) IN GENERAL.--Leave under subparagraph (A) or (B) of
subsection (a)(1) shall not be taken by an employee intermittently
or on a reduced leave schedule unless the employee and the employer
of the employee agree otherwise. Subject to paragraph (2),
subsection (e)(2), and section 103(b)(5), leave under subparagraph
(C) or (D) of subsection (a)(1) may be taken intermittently or on a
reduced leave schedule when medically necessary. The taking of leave
intermittently or on a reduced leave schedule pursuant to this
paragraph shall not result in a reduction in the total amount of
leave to which the employee is entitled under subsection (a) beyond
the amount of leave actually taken.
- (2) ALTERNATIVE
POSITION.-- If an employee requests intermittent leave, or leave
on a reduced leave schedule, under subparagraph (C) or (D) of
subsection (a)(1), that is foreseeable based on planned medical
treatment, the employer may require such employee to transfer
temporarily to an available alternative position offered by the
employer for which the employee is qualified and that--
- (A) has equivalent pay and benefits; and
- (B) better accommodates recurring periods of leave than the
regular employment position of the employee.
- (c) UNPAID
LEAVE PERMITTED. -- Except as provided in subsection (d), leave
granted under subsection (a) may consist of unpaid leave. Where an
employee is otherwise exempt under regulations issued by the Secretary
pursuant to section 13(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 213(a)(1)), the compliance of an employer with this title
by providing unpaid leave shall not affect the exempt status of the
employee under such section.
- (d) RELATIONSHIP
TO PAID LEAVE.--
- (1) UNPAID LEAVE.--If an employer provides paid leave for fewer
than 12 workweeks, the additional weeks of leave necessary to attain
the 12 workweeks of leave required under this title may be provided
without compensation.
- (2) SUBSTITUTION OF PAID LEAVE.--
- (A) IN GENERAL.--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 leave provided under subparagraph (A), (B), or
(C) of subsection (a)(1) for any part of the 12-week period of
such leave under such subsection.
- (B) SERIOUS HEALTH CONDITION.--An eligible employee may elect,
or an employer may require the employee, to substitute any of the
accrued paid vacation leave, personal leave, or medical or sick
leave of the employee for leave provided under subparagraph (C) or
(D) of subsection (a)(1) for any part of the 12-week period of
such leave under such subsection, 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.
- (e) FORESEEABLE
LEAVE.--
- (1) REQUIREMENT OF NOTICE.--In any case in which the necessity
for leave under subparagraph (A) or (B) of subsection (a)(1) is
foreseeable based on an expected birth or placement, the employee
shall provide the employer with not less than 30 days' notice,
before the date the leave is to begin, of the employee's intention
to take leave under such subparagraph, except that if the date of
the birth or placement requires leave to begin in less than 30 days,
the employee shall provide such notice as is practicable.
- (2) DUTIES OF EMPLOYEE.--In any case in which the necessity for
leave under subparagraph (C) or (D) of subsection (a)(1) is
foreseeable based on planned medical treatment, the employee--
- (A) shall make a reasonable effort to schedule the treatment
so as not to disrupt unduly the operations of the employer,
subject to the approval of the health care provider of the
employee or the health care provider of the son, daughter, spouse,
or parent of the employee, as appropriate; and
- (B) shall provide the employer with not less than 30 days'
notice, before the date the leave is to begin, of the employee's
intention to take leave under such subparagraph, except that if
the date of the treatment requires leave to begin in less than 30
days, the employee shall provide such notice as is practicable.
- (f) SPOUSES
EMPLOYED BY THE SAME EMPLOYER.--In any case in which a husband and
wife entitled to leave under subsection (a) are employed by the same
employer, the aggregate number of workweeks of leave to which both may
be entitled may be limited to 12 workweeks during any 12-month period,
if such leave is taken--
- (1) under subparagraph (A) or (B) of subsection (a)(1); or
- (2) to care for a sick parent under subparagraph (C) of such
subsection.
-
- (a) IN GENERAL.--An employer may require that a request for leave
under subparagraph (C) or (D) of section 102(a)(1) be supported by a
certification issued by the health care provider of the eligible
employee or of the son, daughter, spouse, or parent of the employee,
as appropriate. The employee shall provide, in a timely manner, a copy
of such certification to the employer.
- (b) SUFFICIENT
CERTIFICATION.--Certification provided under subsection (a) shall
be sufficient if it states
- (1) the date on which the serious health condition commenced;
- (2) the probable duration of the condition;
- (3) the appropriate medical facts within the knowledge of the
health care provider regarding the condition;
- (4)(A) for purposes of leave under section 102(a)(1)(C), a
statement that the eligible employee is needed to care for the 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
(B) for purposes of leave under section
102(a)(1)(D), a statement that the employee is unable to perform the
functions of the position of the employee;
- (5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treatment,
the dates on which such treatment is expected to be given and the
duration of such treatment;
- (6) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(D), a
statement of the medical necessity for the intermittent leave or
leave on a reduced leave schedule, and the expected duration of the
intermittent leave or reduced leave schedule; and
- (7) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(C), a
statement that the employee's intermittent leave or leave on a
reduced leave schedule is necessary for the care of the son,
daughter, parent, or spouse who has a serious health condition, or
will assist in their recovery, and the expected duration and
schedule of the intermittent leave or reduced leave schedule.
- (c) SECOND
OPINION.--
- (1) IN GENERAL.--In any case in which the employer has reason to
doubt the validity of the certification provided under subsection
(a) for leave under subparagraph (C) or (D) of section 102(a)(1),
the employer may require, at the expense of the employer, that the
eligible employee obtain the opinion of a second health care
provider designated or approved by the employer concerning any
information certified under subsection (b) for such leave.
- (2) LIMITATION.--A health care provider designated or approved
under paragraph (1) shall not be employed on a regular basis by the
employer.
- (d) RESOLUTION
OF CONFLICTING OPINIONS.--
- (1) IN GENERAL.--In any case in which the second opinion
described in subsection (c) differs from the opinion in the original
certification provided under subsection (a), the employer may
require, at the expense of the employer, that the employee obtain
the opinion of a third health care provider designated or approved
jointly by the employer and the employee concerning the information
certified under subsection (b).
- (2) FINALITY.--The opinion of the third health care provider
concerning the information certified under subsection (b) shall be
considered to be final and shall be binding on the employer and the
employee.
- (e) SUBSEQUENT
RECERTIFICATION.--The employer may require that the eligible
employee obtain subsequent recertifications on a reasonable basis.
-
SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.
- (a) RESTORATION
TO POSITION.--
- (1) IN GENERAL.--Except as provided in subsection (b), any
eligible employee who takes leave under section 102 for the intended
purpose of the leave shall be entitled, on return from such leave--
- (A) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
- (B) to be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of
employment.
- (2) LOSS OF BENEFITS.--The taking of leave under section 102
shall not result in the loss of any employment benefit accrued prior
to the date on which the leave commenced.
- (3) LIMITATIONS.--Nothing in this section shall be construed to
entitle any restored employee to--
- (A) the accrual of any seniority or employment benefits during
any period of leave; or
- (B) any right, benefit, or position of employment other than
any right, benefit, or position to which the employee would have
been entitled had the employee not taken the leave.
- (4) CERTIFICATION.--As a condition of restoration under
paragraph (1) for an employee who has taken leave under section
102(a)(1)(D), the employer may have a uniformly applied practice or
policy that requires each such employee to receive certification
from the health care provider of the employee that the employee is
able to resume work, except that nothing in this paragraph shall
supersede a valid State or local law or a collective bargaining
agreement that governs the return to work of such employees.
- (5) CONSTRUCTION.--Nothing in this subsection shall be construed
to prohibit an employer from requiring an employee on leave under
section 102 to report periodically to the employer on the status and
intention of the employee to return to work.
- (b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED EMPLOYEES.--
- (1) DENIAL OF RESTORATION.--An employer may deny restoration
under subsection (a) to any eligible employee described in paragraph
(2) if--
- (A) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
- (B) the employer notifies the employee of the intent of the
employer to deny restoration on such basis at the time the
employer determines that such injury would occur; and
- (C) in any case in which the leave has commenced, the employee
elects not to return to employment after receiving such notice.
- (2) AFFECTED EMPLOYEES.--An eligible employee described in
paragraph (1) is a salaried eligible employee who is among the
highest paid 10 percent of the employees employed by the employer
within 75 miles of the facility at which the employee is employed.
- (c) MAINTENANCE
OF HEALTH BENEFITS.--
- (1) COVERAGE.--Except as provided in paragraph (2), during any
period that an eligible employee takes leave under section 102, the
employer shall maintain coverage under any "group health plan" (as
defined in section 5000(b)(1) of the Internal Revenue Code of 1986)
for the duration of such leave at the level and under the conditions
coverage would have been provided if the employee had continued in
employment continuously for the duration of such leave.
- (2) FAILURE TO RETURN FROM LEAVE.--The employer may recover the
premium that the employer paid for maintaining coverage for the
employee under such group health plan during any period of unpaid
leave under section 102 if--
- (A) the employee fails to return from leave under section 102
after the period of leave to which the employee is entitled has
expired; and
- (B) the employee fails to return to work for a reason other
than--
- (i) the continuation, recurrence, or onset of a serious
health condition that entitles the employee to leave under
subparagraph (C) or (D) of section 102(a)(1); or
- (ii) other circumstances beyond the control of the employee.
- (3) CERTIFICATION.--
- (A) ISSUANCE.--An employer may require that a claim that an
employee is unable to return to work because of the continuation,
recurrence, or onset of the serious health condition described in
paragraph (2)(B)(i) be supported by--
- (i) a certification issued by the health care provider of
the son, daughter, spouse, or parent of the employee, as
appropriate, in the case of an employee unable to return to work
because of a condition specified in section 102(a)(1)(C); or
- (ii) a certification issued by the health care provider of
the eligible employee, in the case of an employee unable to
return to work because of a condition specified in section
102(a)(1)(D).
- (B) COPY.--The employee shall provide, in a timely manner, a
copy of such certification to the employer.
- (C) SUFFICIENCY OF CERTIFICATION.--
- (i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF EMPLOYEE.--The
certification described in subparagraph (A)(ii) shall be
sufficient if the certification states that a serious health
condition prevented the employee from being able to perform the
functions of the position of the employee on the date that the
leave of the employee expired.
- (ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF FAMILY
MEMBER.--The certification described in subparagraph (A)(i)
shall be sufficient if the certification states that the
employee is needed to care for the son, daughter, spouse, or
parent who has a serious health condition on the date that the
leave of the employee expired.
-
- (a) INTERFERENCE WITH RIGHTS.--
- (1) EXERCISE OF RIGHTS.--It shall be unlawful for any employer
to interfere with, restrain, or deny the exercise of or the attempt
to exercise, any right provided under this title.
- (2) DISCRIMINATION.--It shall be unlawful for any employer to
discharge or in any other manner discriminate against any individual
for opposing any practice made unlawful by this title.
- (b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual--
- (1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this title;
- (2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this title; or
- (3) has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this title.
-
SEC. 106. INVESTIGATIVE AUTHORITY.
- (a) IN GENERAL.--To ensure compliance with the provisions of this
title, or any regulation or order issued under this title, the
Secretary shall have, subject to subsection (c), the investigative
authority provided under section 11(a) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 211(a)).
- (b) OBLIGATION
TO KEEP AND PRESERVE RECORDS.--Any employer shall make, keep, and
preserve records pertaining to compliance with this title in
accordance with section 11(c) of the Fair Labor Standards Act of 1938
(29 U.S.C. 211(c)) and in accordance with regulations issued by the
Secretary.
- (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL
BASIS.--The Secretary shall not under the authority of this section
require any employer or any plan, fund, or program to submit to the
Secretary any books or records more than once during any 12-month
period, unless the Secretary has reasonable cause to believe there may
exist a violation of this title or any regulation or order issued
pursuant to this title, or is investigating a charge pursuant to
section 107(b).
- (d) SUBPOENA POWERS.--For the purposes of any investigation
provided for in this section, the Secretary shall have the subpoena
authority provided for under section 9 of the Fair Labor Standards Act
of 1938
-
(29 U.S.C. 209). SEC. 107. ENFORCEMENT.
- (a) CIVIL ACTION BY EMPLOYEES.--
- (1) LIABILITY.--Any employer who violates section 105 shall be
liable to any eligible employee affected--
- (A) for damages equal to--
- (i) the amount of--
- (I) any wages, salary, employment benefits, or other
compensation denied or lost to such employee by reason of the
violation; or
- (II) in a case in which wages, salary, employment
benefits, or other compensation have not been denied or lost
to the employee, any actual monetary losses sustained by the
employee as a direct result of the violation, such as the cost
of providing care, up to a sum equal to 12 weeks of wages or
salary for the employee;
- (ii) the interest on the amount described in clause (i)
calculated at the prevailing rate; and
- (iii) an additional amount as liquidated damages equal to
the sum of the amount described in clause (i) and the interest
described in clause (ii), except that if an employer who has
violated section 105 proves to the satisfaction of the court
that the act or omission which violated section 105 was in good
faith and that the employer had reasonable grounds for believing
that the act or omission was not a violation of section 105,
such court may, in the discretion of the court, reduce the
amount of the liability to the amount and interest determined
under clauses (i) and (ii), respectively; and
- (B) for such equitable relief as may be appropriate, including
employment, reinstatement, and promotion.
- (2) RIGHT OF ACTION.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer (including a public agency) in any Federal or
State court of competent jurisdiction by any one or more employees
for and in behalf of--
- (A) the employees; or
- (B) the employees and other employees similarly situated.
- (3) FEES AND COSTS.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and other
costs of the action to be paid by the defendant.
- (4) LIMITATIONS.--The right provided by paragraph (2) to bring
an action by or on behalf of any employee shall terminate--
- (A) on the filing of a complaint by the Secretary in an action
under subsection (d) in which restraint is sought of any further
delay in the payment of the amount described in paragraph (1)(A)
to such employee by an employer responsible under paragraph (1)
for the payment; or
- (B) on the filing of a complaint by the Secretary in an action
under subsection (b) in which a recovery is sought of the damages
described in paragraph (1)(A) owing to an eligible employee by an
employer liable under paragraph (1), unless the action described
in subparagraph (A) or (B) is dismissed without prejudice on
motion of the Secretary.
- (b) ACTION BY THE SECRETARY.--
- (1) ADMINISTRATIVE ACTION.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 105 in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
206 and 207).
- (2) CIVIL ACTION.--The Secretary may bring an action in any
court of competent jurisdiction to recover the damages described in
subsection (a)(1)(A).
- (3) SUMS RECOVERED.--Any sums recovered by the Secretary
pursuant to paragraph (2) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee because of
inability to do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous receipts.
- (c) LIMITATION.--
- (1) IN GENERAL.--Except as provided in paragraph (2), an action
may be brought under this section not later than 2 years after the
date of the last event constituting the alleged violation for which
the action is brought.
- (2) WILLFUL VIOLATION.--In the case of such action brought for a
willful violation of section 105, such action may be brought within
3 years of the date of the last event constituting the alleged
violation for which such action is brought.
- (3) COMMENCEMENT.--In determining when an action is commenced by
the Secretary under this section for the purposes of this
subsection, it shall be considered to be commenced on the date when
the complaint is filed.
- (d) ACTION FOR INJUNCTION BY SECRETARY.--The district courts of
the United States shall have jurisdiction, for cause shown, in an
action brought by the Secretary--
- (1) to restrain violations of section 105, including the
restraint of any withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found by the court
to be due to eligible employees; or
- (2) to award such other equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
- (e) SOLICITOR OF LABOR.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this section.
-
- (a) APPLICATION.--
- (1) IN GENERAL.--Except as otherwise provided in this section,
the rights (including the rights under section 104, which shall
extend throughout the period of leave of any employee under this
section), remedies, and procedures under this title shall apply to--
- (A) any "local educational agency" (as defined in section
1471(12) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(12))) and an eligible employee of the agency; and
- (B) any private elementary or secondary school and an eligible
employee of the school.
- (2) DEFINITIONS.--For purposes of the application described in
paragraph (1):
- (A) ELIGIBLE EMPLOYEE.--The term "eligible employee" means an
eligible employee of an agency or school described in paragraph
(1).
- (B) EMPLOYER.--The term "employer" means an agency or school
described in paragraph (1).
- (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS.-- A local
educational agency and a private elementary or secondary school shall
not be in violation of the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), solely as a result of an eligible employee of
such agency or school exercising the rights of such employee under
this title.
- (c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR
INSTRUCTIONAL EMPLOYEES.--
- (1) IN GENERAL.--Subject to paragraph (2), in any case in which
an eligible employee employed principally in an instructional
capacity by any such educational agency or school requests leave
under subparagraph (C) or (D) of section 102(a)(1) that is
foreseeable based on planned medical treatment and the employee
would be on leave for greater than 20 percent of the total number of
working days in the period during which the leave would extend, the
agency or school may require that such employee elect either--
- (A) to take leave for periods of a particular duration, not to
exceed the duration of the planned medical treatment; or
- (B) to transfer temporarily to an available alternative
position offered by the employer for which the employee is
qualified, and that--
- (i) has equivalent pay and benefits; and
- (ii) better accommodates recurring periods of leave than the
regular employment position of the employee.
- (2) APPLICATION.--The elections described in subparagraphs (A)
and (B) of paragraph (1) shall apply only with respect to an
eligible employee who complies with section 102(e)(2).
- (d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF AN ACADEMIC
TERM.--The following rules shall apply with respect to periods of
leave near the conclusion of an academic term in the case of any
eligible employee employed principally in an instructional capacity by
any such educational agency or school:
- (1) LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.--If the
eligible employee begins leave under section 102 more than 5 weeks
prior to the end of the academic term, the agency or school may
require the employee to continue taking leave until the end of such
term, if--
- (A) the leave is of at least 3 weeks duration; and
- (B) the return to employment would occur during the 3-week
period before the end of such term.
- (2) LEAVE LESS THAN 5 WEEKS PRIOR TO END OF TERM.--If the
eligible employee begins leave under subparagraph (A), (B), or (C)
of section 102(a)(1) during the period that commences 5 weeks prior
to the end of the academic term, the agency or school may require
the employee to continue taking leave until the end of such term,
if--
- (A) the leave is of greater than 2 weeks duration; and
- (B) the return to employment would occur during the 2-week
period before the end of such term.
- (3) LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.--If the
eligible employee begins leave under subparagraph (A), (B), or (C)
of section 102(a)(1) during the period that commences 3 weeks prior
to the end of the academic term and the duration of the leave is
greater than 5 working days, the agency or school may require the
employee to continue to take leave until the end of such term.
- (e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.--For purposes
of determinations under section 104(a)(1)(B) (relating to the
restoration of an eligible employee to an equivalent position), in the
case of a local educational agency or a private elementary or
secondary school, such determination shall be made on the basis of
established school board policies and practices, private school
policies and practices, and collective bargaining agreements.
- (f) REDUCTION OF THE AMOUNT OF LIABILITY.--If a local educational
agency or a private elementary or secondary school that has violated
this title proves to the satisfaction of the court that the agency,
school, or department had reasonable grounds for believing that the
underlying act or omission was not a violation of this title, such
court may, in the discretion of the court, reduce the amount of the
liability provided for under section 107(a)(1)(A) to the amount and
interest determined under clauses (i) and (ii), respectively, of such
section.
-
- (a) IN GENERAL.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where notices to
employees and applicants for employment are customarily posted, a
notice, to be prepared or approved by the Secretary, setting forth
excerpts from, or summaries of, the pertinent provisions of this title
and information pertaining to the filing of a charge.
- (b) PENALTY.--Any employer that willfully violates this section
may be assessed a civil money penalty not to exceed $100 for each
separate offense.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
-
SEC. 201. LEAVE REQUIREMENT.
- (a) CIVIL SERVICE EMPLOYEES.--
- (1) IN GENERAL.--Chapter 63 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
- "SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
- "6381. Definitions
- "For the purpose of this subchapter--
- "(1) the term 'employee' means any individual who--
- "(A) is an 'employee', as defined by section 6301(2),
including any individual employed in a position referred to in
clause (v) or (ix) of section 6301(2), but excluding any
individual employed by the government of the District of
Columbia and any individual employed on a temporary or
intermittent basis; and
- "(B) has completed at least 12 months of service as an
employee (within the meaning of subparagraph (A));
- "(2) the term 'health care provider' means--
- "(A) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in
which the doctor practices; and
- "(B) any other person determined by the Director of the
Office of Personnel Management to be capable of providing health
care services;
- "(3) the term 'parent' means the biological parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a son or daughter;
- "(4) the term 'reduced leave schedule' means a leave schedule
that reduces the usual number of hours per workweek, or hours per
workday, of an employee;
- "(5) the term 'serious health condition' means an illness,
injury, impairment, or physical or mental condition that
involves--
- "(A) inpatient care in a hospital, hospice, or residential
medical care facility; or
- "(B) continuing treatment by a health care provider; and
- "(6) the term 'son or daughter' means a biological, adopted,
or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is--
- "(A) under 18 years of age; or
- "(B) 18 years of age or older and incapable of self-care
because of a mental or physical disability.
- "6382. Leave requirement
- "(a)(1) Subject to section 6383, an employee shall be
entitled to a total of 12 administrative workweeks of leave
during any 12-month period for one or more of the following:
- "(A) Because of the birth of a son or daughter of the
employee and in order to care for such son or daughter.
- "(B) Because of the placement of a son or daughter with the
employee for adoption or foster care.
- "(C) In order to care for the spouse, or a son, daughter, or
parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
- "(D) Because of a serious health condition that makes the
employee unable to perform the functions of the employee's
position.
- "(2) The entitlement to leave under subparagraph (A) or (B)
of paragraph (1) based on the birth or placement of a son or
daughter shall expire at the end of the 12-month period
beginning on the date of such birth or placement.
- "(b)(1) Leave under subparagraph (A) or (B) of subsection
(a)(1) shall not be taken by an employee intermittently or on a
reduced leave schedule unless the employee and the employing
agency of the employee agree otherwise. Subject to paragraph
(2), subsection (e)(2), and section 6383(b)(5), leave under
subparagraph (C) or (D) of subsection (a)(1) may be taken
intermittently or on a reduced leave schedule when medically
necessary. In the case of an employee who takes leave
intermittently or on a reduced leave schedule pursuant to this
paragraph, any hours of leave so taken by such employee shall be
subtracted from the total amount of leave remaining available to
such employee under subsection (a), for purposes of the 12-month
period involved, on an hour-for-hour basis.
- "(2) If an employee requests intermittent leave, or leave on
a reduced leave schedule, under subparagraph (C) or (D) of
subsection (a)(1); that is foreseeable based on planned medical
treatment, the employing agency may require such employee to
transfer temporarily to an available alternative position
offered by the employing agency for which the employee is
qualified and that--
- "(A) has equivalent pay and benefits; and
- "(B) better accommodates recurring periods of leave than the
regular employment position of the employee.
- "(c) Except as provided in subsection (d), leave granted
under subsection (a) shall be leave without pay.
- "(d) An employee may elect to substitute for leave under
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of
the employee's accrued or accumulated annual or sick leave under
subchapter I for any part of the 12-week period of leave under
such subsection, except that nothing in this subchapter shall
require an employing agency to provide paid sick leave in any
situation in which such employing agency would not normally
provide any such paid leave.
- "(e)(1) In any case in which the necessity for leave under
subparagraph (A) or (B) of subsection (a)(1) is foreseeable
based on an expected birth or placement, the employee shall
provide the employing agency with not less than 30 days' notice,
before the date the leave is to begin, of the employee's
intention to take leave under such subparagraph, except that if
the date of the birth or placement requires leave to begin in
less than 30 days, the employee shall provide such notice as is
practicable.
- "(2) In any case in which the necessity for leave under
subparagraph (C) or (D) of subsection (a)(1) is foreseeable
based on planned medical treatment, the employee--
- "(A) shall make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations of the
employing agency, subject to the approval of the health care
provider of the employee or the health care provider of the son,
daughter, spouse, or parent of the employee, as appropriate; and
- "(B) shall provide the employing agency with not less than
30 days' notice, before the date the leave is to begin, of the
employee's intention to take leave under such subparagraph,
except that if the date of the treatment requires leave to begin
in less than 30 days, the employee shall provide such notice as
is practicable.
- "6383. Certification
- "(a) An employing agency may require that a request for
leave under subparagraph (C) or (D) of section 6382(a)(1) be
supported by certification issued by the health care provider of
the employee or of the son, daughter, spouse, or parent of the
employee, as appropriate. The employee shall provide, in a
timely manner, a copy of such certification to the employing
agency.
- "(b) A certification provided under subsection (a) shall be
sufficient if it states--
- "(1) the date on which the serious health condition
commenced;
- "(2) the probable duration of the condition;
- "(3) the appropriate medical facts within the knowledge of
the health care provider regarding the condition;
- "(4)(A) for purposes of leave under section 6382(a)(1)(C), a
statement that the employee is needed to care for the 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
- "(B) for purposes of leave under section 6382(a)(1)(D), a
statement that the employee is unable to perform the functions
of the position of the employee; and
- "(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical
treatment, the dates on which such treatment is expected to be
given and the duration of such treatment.
-
- "(c)(1) In any case in which the employing agency has reason
to doubt the validity of the certification provided under
subsection (a) for leave under subparagraph (C) or (D) of
section 6382(a)(1), the employing agency may require, at the
expense of the agency, that the employee obtain the opinion of a
second health care provider designated or approved by the
employing agency concerning any information certified under
subsection (b) for such leave.
- "(2) Any health care provider designated or approved under
paragraph (1) shall not be employed on a regular basis by the
employing agency.
- "(d)(1) In any case in which the second opinion described in
subsection (c) differs from the original certification provided
under subsection (a), the employing agency may require, at the
expense of the agency, that the employee obtain the opinion of a
third health care provider designated or approved jointly by the
employing agency and the employee concerning the information
certified under subsection (b).
- "(2) The opinion of the third health care provider
concerning the information certified under subsection (b) shall
be considered to be final and shall be binding on the employing
agency and the employee.
- "(e) The employing agency may require, at the expense of the
agency, that the employee obtain subsequent recertifications on
a reasonable basis.
- "6384. Employment and benefits protection
- "(a) Any employee who takes leave under section 6382 for the
intended purpose of the leave shall be entitled, upon return
from such leave--
- "(1) to be restored by the employing agency to the position
held by the employee when the leave commenced; or
- "(2) to be restored to an equivalent position with
equivalent benefits, pay, status, and other terms and conditions
of employment.
- "(b) The taking of leave under section 6382 shall not result
in the loss of any employment benefit accrued prior to the date
on which the leave commenced.
- "(c) Except as otherwise provided by or under law, nothing
in this section shall be construed to entitle any restored
employee to--
- "(1) the accrual of any employment benefits during any
period of leave; or
- "(2) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee would
have been entitled had the employee not taken the leave.
- "(d) As a condition to restoration under subsection (a) for
an employee who takes leave under section 6382(a)(1)(D), the
employing agency may have a uniformly applied practice or policy
that requires each such employee to receive certification from
the health care provider of the employee that the employee is
able to resume work.
- "(e) Nothing in this section shall be construed to prohibit
an employing agency from requiring an employee on leave under
section 6382 to report periodically to the employing agency on
the status and intention of the employee to return to work.
- "6385. Prohibition of coercion
- "(a) An employee shall not directly or indirectly
intimidate, threaten, or coerce, or attempt to intimidate,
threaten, or coerce, any other employee for the purpose of
interfering with the exercise of any rights which such other
employee may have under this subchapter.
- "(b) For the purpose of this section--
- "(1) the term "intimidate, threaten, or coerce' includes
promising to confer or conferring any benefit (such as
appointment, promotion, or compensation), or taking or
threatening to take any reprisal (such as deprivation of
appointment, promotion, or compensation); and
- "(2) the term 'employee' means any 'employee', as defined by
section 2105.
- "6386. Health insurance
- "An employee enrolled in a health benefits plan under
chapter 89 who is placed in a leave status under section 6382
may elect to continue the health benefits enrollment of the
employee while in such leave status and arrange to pay currently
into the Employees Health Benefits Fund (described in section
8909), the appropriate employee contributions.
- "6387. Regulations
- "The Office of Personnel Management shall prescribe
regulations necessary for the administration of this subchapter.
The regulations prescribed under this subchapter shall, to the
extent appropriate, be consistent with the regulations
prescribed by the Secretary of Labor to carry out title I of the
Family and Medical Leave Act of 1993.".
- (2) TABLE OF CONTENTS.--The table of contents for chapter 63
of title 5, United States Code, is amended by adding at the end
the following:
- "SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
- "6381. Definitions.
- "6382. Leave requirement.
- "6383. Certification.
- "6384. Employment and benefits protection.
- "6385. Prohibition of coercion.
- "6386. Health insurance.
- "6387. Regulations.".
- (b) EMPLOYEES PAID FROM NONAPPROPRIATED FUNDS.--Section
2105(c)(1) of title 5, United States Code, is amended--
- (1) by striking "or" at the end of subparagraph (C); and
- (2) by adding at the end the following new subparagraph:
- "(E) subchapter V of chapter 63, which shall be applied so
as to construe references to benefit programs to refer to
applicable programs for employees paid from nonappropriated
funds; or".
TITLE III--COMMISSION ON LEAVE
-
SEC. 301. ESTABLISHMENT.
- There is established a commission to be known as the Commission on
Leave (referred to in this title as the "Commission").
-
SEC. 302. DUTIES.
- The Commission shall--
- (1) conduct a comprehensive study of--
- (A) existing and proposed mandatory and voluntary policies
relating to family and temporary medical leave, including policies
provided by employers not covered under this Act;
- (B) the potential costs, benefits, and impact on productivity,
job creation and business growth of such policies on employers and
employees;
- (C) possible differences in costs, benefits, and impact on
productivity, job creation and business growth of such policies on
employers based on business type and size;
- (D) the impact of family and medical leave policies on the
availability of employee benefits provided by employers, including
employers not covered under this Act;
- (E) alternate and equivalent State enforcement of title I with
respect to employees described in section 108(a);
- (F) methods used by employers to reduce administrative costs
of implementing family and medical leave policies;
- (G) the ability of the employers to recover, under section
104(c)(2), the premiums described in such section; and
- (H) the impact on employers and employees of policies that
provide temporary wage replacement during periods of family and
medical leave.
- (2) not later than 2 years after the date on which the
Commission first meets, prepare and submit, to the appropriate
Committees of Congress, a report concerning the subjects listed in
paragraph (1).
-
SEC. 303. MEMBERSHIP.
- (a) COMPOSITION.--
- (1) APPOINTMENTS.--The Commission shall be composed of 12 voting
members and 4 ex officio members to be appointed not later than 60
days after the date of the enactment of this Act as follows:
- (A) SENATORS.--One Senator shall be appointed by the Majority
Leader of the Senate, and one Senator shall be appointed by the
Minority
- Leader of the Senate.
- (B) MEMBERS OF HOUSE OF REPRESENTATIVES.--One Member of the
House of Representatives shall be appointed by the Speaker of the
House of Representatives, and one Member of the House of
Representatives shall be appointed by the Minority Leader of the
House of Representatives.
- (C) ADDITIONAL MEMBERS.--
- (i) APPOINTMENT.--Two members each shall be appointed by
- (I) the Speaker of the House of Representatives;
- (II) the Majority Leader of the Senate;
- (III) the Minority Leader of the House of Representatives;
and
- (IV) the Minority Leader of the Senate.
- (ii) EXPERTISE.--Such members shall be appointed by virtue
of demonstrated expertise in relevant family, temporary
disability, and labor management issues. Such members shall
include representatives of employers, including employers from
large businesses and from small businesses.
- (2) EX OFFICIO MEMBERS.--The Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of Commerce, and
the Administrator of the Small Business Administration shall serve
on the Commission as nonvoting ex officio members.
- (b) VACANCIES.--Any vacancy on the Commission shall be filled in
the manner in which the original appointment was made. The vacancy
shall not affect the power of the remaining members to execute the
duties of the Commission.
- (c) CHAIRPERSON AND VICE CHAIRPERSON.--The Commission shall
elect a chairperson and a vice chairperson from among the members of
the Commission.
- (d) QUORUM.--Eight members of the Commission shall constitute a
quorum for all purposes, except that a lesser number may constitute
a quorum for the purpose of holding hearings.
-
SEC. 304. COMPENSATION.
- (a) PAY.--Members of the Commission shall serve without
compensation.
- (b) TRAVEL EXPENSES.--Members of the Commission shall be allowed
reasonable travel expenses, including a per diem allowance, in
accordance with section 5703 of title 5, United States Code, when
performing duties of the Commission.
-
SEC. 305. POWERS.
- (a) MEETINGS.--The Commission shall first meet not later than 30
days after the date on which all members are appointed, and the
Commission shall meet thereafter on the call of the chairperson or a
majority of the members.
- (b) HEARINGS AND SESSIONS.--The Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to witnesses
appearing before it.
- (c) ACCESS TO INFORMATION.--The Commission may secure directly
from any Federal agency information necessary to enable it to carry
out this title, if the information may be disclosed under section
552 of title 5, United States Code. Subject to the previous
sentence, on the request of the chairperson or vice chairperson of
the Commission, the head of such agency shall furnish such
information to the Commission.
- (d) USE OF FACILITIES AND SERVICES.--Upon the request of the
Commission, the head of any Federal agency may make available to the
Commission any of the facilities and services of such agency.
- (e) PERSONNEL FROM OTHER AGENCIES.--On the request of the
Commission, the head of any Federal agency may detail any of the
personnel of such agency to serve as an Executive Director of the
Commission or assist the Commission in carrying out the duties of
the Commission. Any detail shall not interrupt or otherwise affect
the civil service status or privileges of the Federal employee.
- (f) VOLUNTARY SERVICE.--Notwithstanding section 1342 of title
31, United States Code, the chairperson of the Commission may accept
for the Commission voluntary services provided by a member of the
Commission.
-
SEC. 306. TERMINATION.
- The Commission shall terminate 30 days after the date of the
submission of the report of the Commission to Congress.
TITLE IV--MISCELLANEOUS PROVISIONS
-
SEC. 401. EFFECT ON OTHER LAWS.
- (a) FEDERAL
AND STATE ANTIDISCRIMINATION LAWS.--Nothing in this Act or any
amendment made by this Act shall be construed to modify or affect any
Federal or State law prohibiting discrimination on the basis of race,
religion, color, national origin, sex, age, or disability.
- (b) STATE
AND LOCAL LAWS.--Nothing in this Act or any amendment made by this
Act shall be construed to supersede any provision of any State or
local law that provides greater family or medical leave rights than
the rights established under this Act or any amendment made by this
Act.
-
- (a) MORE PROTECTIVE.--Nothing in this Act or any amendment made by
this Act shall be construed to diminish the obligation of an employer
to comply with any collective bargaining agreement or any employment
benefit program or plan that provides greater family or medical leave
rights to employees than the rights established under this Act or any
amendment made by this Act.
- (b) LESS PROTECTIVE.--The rights established for employees under
this Act or any amendment made by this Act shall not be diminished by
any collective bargaining agreement or any employment benefit program
or plan.
-
SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
- Nothing in this Act or any amendment made by this Act shall be
construed to discourage employers from adopting or retaining leave
policies more generous than any policies that comply with the
requirements under this Act or any amendment made by this Act.
-
- The Secretary of Labor shall prescribe such regulations as are
necessary to carry out title I and this title not later than 120 days
after the date of the enactment of this Act.
-
SEC. 405. EFFECTIVE DATES.
- (a) TITLE III.--Title III shall take effect on the date of the
enactment of this Act.
- (b) OTHER TITLES.--
- (1) IN GENERAL.--Except as provided in paragraph (2), titles I,
II, and V and this title shall take effect 6 months after the date of
the enactment of this Act.
- (2) COLLECTIVE BARGAINING AGREEMENTS.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by
paragraph (1), title I shall apply on the earlier of
- (A) the date of the termination of such agreement; or
- (B) the date that occurs 12 months after the date of the
enactment of this Act.
TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES
-
SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.
- (a) COVERAGE.--The rights and protections established under
sections 101 through 105 shall apply with respect to a Senate employee
and an employing office. For purposes of such application, the term
"eligible employee" means a Senate employee and the term "employer"
means an employing office.
- (b) CONSIDERATION OF ALLEGATIONS.
- (1) APPLICABLE PROVISIONS.--The provisions of sections 304
through 313 of the Government Employee Rights Act of 1991 (2 U.S.C.
1204-1213) shall, except as provided in subsections (d) and (e)--
- (A) apply with respect to an allegation of a violation of a
provision of sections 101 through 105, with respect to Senate
employment of a Senate employee; and
- (B) apply to such an allegation in the same manner and to the
same extent as such sections of the Government Employee Rights Act
of 1991 apply with respect to an allegation of a violation under
such Act.
- (2) ENTITY.--Such an allegation shall be addressed by the Office
of Senate Fair Employment Practices or such other entity as the
Senate may designate.
- (c) RIGHTS OF EMPLOYEES.--The Office of Senate Fair Employment
Practices shall ensure that Senate employees are informed of their
rights under sections 101 through 105.
- (d) LIMITATIONS.--A request for counseling under section 305 of
such Act by a Senate employee alleging a violation of a provision of
sections 101 through 105 shall be made not later than 2 years after
the date of the last event constituting the alleged violation for
which the counseling is requested, or not later than 3 years after
such date in the case of a willful violation of section 105.
- (e) APPLICABLE REMEDIES.--The remedies applicable to individuals
who demonstrate a violation of a provision of sections 101 through 105
shall be such remedies as would be appropriate if awarded under
paragraph (1) or (3) of section 107(a).
- (f) EXERCISE OF RULEMAKING POWER.--The provisions of subsections
(b), (c), (d), and (e), except as such subsections apply with respect
to section 309 of the Government Employee Rights Act of 1991 (2 U.S.C.
1209), are enacted by the Senate as an exercise of the rulemaking
power of the Senate, with full recognition of the right of the Senate
to change its rules, in the same manner, and to the same extent, as in
the case of any other rule of the Senate. No Senate employee may
commence a judicial proceeding with respect to an allegation described
in subsection (b)(1), except as provided in this section.
- (g) SEVERABILITY.--Notwithstanding any other provision of law, if
any provision of section 309 of the Government Employee Rights Act of
1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as it applies
such section 309 to an allegation described in subsection (b)(1)(A),
is invalidated, both such section 309, and subsection (b)(1) insofar
as it applies such section 309 to such an allegation, shall have no
force and effect, and shall be considered to be invalidated for
purposes of section 322 of such Act (2 U.S.C. 1221).
- (h) DEFINITIONS.--As used in this section:
- (1) EMPLOYING OFFICE.--The term "employing office" means the
office with the final authority described in section 301(2) of such
Act (2 U.S.C. 1201(2)).
- (2) SENATE EMPLOYEE.--The term "Senate employee" means an
employee described in subparagraph (A) or (B) of section 301(c)(1)
of such Act (2 U.S.C. 1201(c)(1)) who has been employed for at least
12 months on other than a temporary or intermittent basis by any
employing office.
-
SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.
- (a) IN GENERAL.--The rights and protections under sections 102
through 105 (other than section 104(b)) shall apply to any employee in
an employment position and any employing authority of the House of
Representatives.
- (b) ADMINISTRATION.--In the administration of this section, the
remedies and procedures under the Fair Employment Practices Resolution
shall be applied.
- (c) DEFINITION.--As used in this section, the term "Fair
Employment Practices Resolution" means rule LI of the Rules of the
House of Representatives.
TITLE VI--SENSE OF CONGRESS
-
SEC. 601. SENSE OF CONGRESS.
- It is the sense of the Congress that:
- (a) The Secretary of Defense shall conduct a comprehensive
review of current departmental policy with respect to the service of
homosexuals in the Armed Forces;
- (b) Such review shall include the basis for the current policy
of mandatory separation; the rights of all service men and women,
and the effects of any change in such policy on morale, discipline,
and military effectiveness;
- (c) The Secretary shall report the results of such review and
consultations and his recommendations to the President and to the
Congress no later than July 15, 1993;
- (d) The Senate Committee on Armed Services shall conduct (i)
comprehensive hearings on the current military policy with respect
to the service of homosexuals in the military services; and (ii)
shall conduct oversight hearings on the Secretary's recommendations
as such are reported.
- Approved February 5, 1993.
- LEGISLATIVE HISTORY--H.R. 1(S. 5):
- HOUSE REPORTS: No. 103-8, Pt. 1 (Comm. on Education and Labor) and
Pt. 2 (Comm. on Post Office and Civil Service).
- SENATE REPORTS: No. 103-3 accompanying S. 5 (Comm. on Labor and
Human Resources).
- CONGRESSIONAL RECORD, Vol. 139 (1993):
- Feb. 2, S. 5 considered in Senate.
- Feb. 3, considered in Senate; H.R. 1 considered and passed
House.
- Feb. 4, H.R. 1 considered and passed Senate, amended, in lieu of
S. 5. House concurred in Senate amendment.
- WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993):
- Feb. 5, Presidential remarks and statement.
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