[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5838 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5838
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to allow employees to take, as additional leave, parental
involvement leave to participate in or attend their children's and
grandchildren's educational and extracurricular activities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2020
Ms. Wilson of Florida introduced the following bill; which was referred
to the Committee on Education and Labor, and in addition to the
Committees on Oversight and Reform, and House Administration, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to allow employees to take, as additional leave, parental
involvement leave to participate in or attend their children's and
grandchildren's educational and extracurricular activities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Leave for Parental
Involvement in Education Act''.
SEC. 2. 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)) is amended by adding at the end
the following new paragraph:
``(6) Entitlement to additional leave for parental
involvement.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph to participate in or
attend a school conference or 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.
``(B) Limitations.--
``(i) In general.--An eligible employee is
entitled to--
``(I) not to exceed 8 hours of
leave under this paragraph during any
30-day period; and
``(II) not to exceed 48 hours of
leave under this paragraph during any
12-month period.
``(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) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 9101 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.), or a child care facility.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(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: ``Leave under subsection (a)(6) 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.--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 leave under subsection (a)(6). In
addition, 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 leave provided under clause (ii) of subsection
(a)(6)(A) for any part of the leave under such clause,
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. If the employee
elects or the employer requires the substitution of
accrued paid leave for leave provided under subsection
(a)(6)(A), the employer shall not restrict or limit
this substitution or impose any additional terms and
conditions on such leave that are more stringent on 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)) is
amended by adding at the end the following new paragraph:
``(4) Notice relating to parental involvement.--In any case
in which an employee requests leave under paragraph (6) of
subsection (a), the employee shall provide the employer with
not less than 7 days' notice or as much notice as is
practicable before the date the leave is to be taken, of the
employee's intention to take leave under such paragraph.''.
(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.--An employer
may require that a request for leave under section 102(a)(6) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.
(f) Definition of Grandchild.--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 new paragraph:
``(20) Grandchild.--The term `grandchild' means a son or
daughter of an employee's son or daughter.''.
SEC. 3. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B)(i) and section
6383(f), an employee shall be entitled to leave under this
paragraph to participate in or attend a school conference or 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.
``(B)(i) An employee is entitled to--
``(I) not to exceed 8 hours of leave under this
paragraph during any 30-day period; and
``(II) not to exceed 48 hours of leave under this
paragraph during any 12-month period.
``(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 `school' means an elementary school
or secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary Education
Act of 1965), a Head Start program assisted under the
Head Start Act, and a child care facility licensed
under State law; and
``(ii) the term `community organization' means a
private nonprofit organization that is representative
of a community or a significant segment of a community
and provides activities for individuals described in
subparagraph (A) or (B) of section 6381(6), such as a
scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended--
(1) by inserting after the second sentence the following
new sentence: ``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 any 30-day or 12-month period),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end the following:
``(2) An employee may elect to substitute for leave under
subsection (a)(5), any of the employee's accrued or accumulated
annual or sick leave under subchapter I. If the employee elects
to substitute accumulated annual or sick leave for leave
provided under subsection (a)(5), the employing agency shall
not restrict or limit this substitution or impose any
additional terms and conditions on such leave that are more
stringent on the employee than the terms and conditions set
forth in this subchapter.''.
(d) Notice.--Section 6382(e) of such title is 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 provide the
employing agency with not less than 7 days' notice, before the
date the leave is to be taken, of the employee's intention to
take leave under such paragraph.''.
(e) Certification.--Section 6383(f) of such title is amended by
striking ``paragraph (1)(E) or (3) of section 6382(a)'' and inserting
``paragraph (1)(E), (3), or (5) of section 6382(a)''.
(f) Definition of Grandchild.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (11)(B), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `grandchild' means a son or daughter of an
employee's son or daughter.''.
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