[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6220 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6220
To amend the Family and Medical Leave Act of 1993 to provide for leave
with respect to a public health emergency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2020
Mr. Scott of Virginia (for himself, Ms. Adams, Mr. Takano, and Mrs. Lee
of Nevada) 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 to provide for leave
with respect to a public health emergency, 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 ``Emergency Family and Medical Leave
Expansion Act''.
SEC. 2. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.
(a) Public Health Emergency Leave.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by
adding at the end the following:
``(F) During the 2-year period beginning on the
date of the enactment of the Emergency Family and
Medical Leave Expansion Act, because of a qualifying
need related to a public health emergency in accordance
with section 110.''.
(b) Requirements.--Title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the
following:
``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE.
``(a) Definitions.--The following shall apply with respect to leave
under section 102(a)(1)(F):
``(1) Application of certain terms.--The definitions in
section 101 shall apply, except as follows:
``(A) Eligible employee.--In lieu of the definition
in section 101(4)(A), the term `eligible employee'
means an employee who has been employed for at least 30
days by the employer with respect to whom leave is
requested under section 102(a)(1)(F).
``(B) Employer threshold.--Section 101(4)(A)(i)
shall be applied by substituting `1 or more employees'
for `50 or more employees for each working day during
each of 20 or more calendar workweeks in the current or
preceding calendar year'.
``(C) Parent.--In lieu of the definition in section
101(7), the term `parent', with respect to an employee,
means any of the following:
``(i) A biological, foster, or adoptive
parent of the employee.
``(ii) A stepparent of the employee.
``(iii) A parent-in-law of the employee.
``(iv) A parent of a domestic partner of
the employee.
``(v) A legal guardian or other person who
stood in loco parentis to an employee when the
employee was a child.
``(2) Additional definitions.--In addition to the
definitions described in paragraph (1), the following
definitions shall apply with respect to leave under section
102(a)(1)(F):
``(A) Qualifying need related to a public health
emergency.--The term `qualifying need related to a
public health emergency', with respect to leave, means
the employee has a need for leave for one of the
following:
``(i) To comply with a recommendation or
order by a public official having jurisdiction
or a health care provider on the basis that--
``(I) the physical presence of the
employee on the job would jeopardize
the health of others because of--
``(aa) the exposure of the
employee to coronavirus; or
``(bb) exhibition of
symptoms of coronavirus by the
employee; and
``(II) the employee is unable to
both perform the functions of the
position of such employee and comply
with such recommendation or order.
``(ii) To care for a family member of an
eligible employee with respect to whom a public
official having jurisdiction or a health care
provider makes a determination that the
presence of the family member in the community
would jeopardize the health of other
individuals in the community because of--
``(I) the exposure of such family
member to coronavirus; or
``(II) exhibition of symptoms of
coronavirus by such family member.
``(iii) To care for the son or daughter of
such employee if the school or place of care
has been closed, or the child care provider of
such son or daughter is unavailable, due to a
public health emergency.
``(B) Public health emergency.--The term `public
health emergency' means an emergency with respect to
coronavirus declared by a Federal, State, or local
authority.
``(C) Child care provider.--The term `child care
provider' means a provider who receives compensation
for providing child care services on a regular basis,
including an `eligible child care provider' (as defined
in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n)).
``(D) Coronavirus.--The term `coronavirus' has the
meaning given the term in section 506 of the
Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020.
``(E) 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).
``(F) Family.--The term `family member', with
respect to an employee, means any of the following:
``(i) A parent of the employee.
``(ii) A spouse of the employee.
``(iii) A sibling of the employee.
``(iv) Next of kin of the employee or a
person for whom the employee is next of kin.
``(v) A son or daughter of the employee.
``(vi) A grandparent or grandchild of the
employee.
``(b) Leave Taken Intermittently or On a Reduced Work Schedule.--
``(1) In general.--Subject to paragraph (2), leave taken
under section 102(a)(1)(F) may not be taken intermittently or
on a reduced work schedule.
``(2) Care for son or daughter.--Paragraph (1) shall not
apply with respect to leave taken for the purpose described in
subsection (a)(2)(A)(iii) if the son or daughter of the
employee with respect to whom the subsection applies has not
been exposed to coronavirus.
``(c) Relationship to Paid Leave.--
``(1) In general.--An employee may elect to substitute any
of the accrued vacation leave, personal leave, or medical or
sick leave for leave under section 102(a)(1)(F) in accordance
with section 102(d)(2)(B).
``(2) Employer requirement.--An employer may not require an
employee to substitute any leave as described in paragraph (1)
for leave under section 102(a)(1)(F).
``(d) Notice.--In any case where the necessity for leave under
section 102(a)(1)(F) for the purpose described in subsection
(a)(2)(A)(iii) is foreseeable, an employee shall provide the employer
with such notice of leave as is practicable.
``(e) Certification.--
``(1) In general.--An employer may require that a request
for leave under section 102(a)(1)(F) be supported by
documentation described in paragraph (2). An employer may not
require such documentation until not later than 3 weeks after
the date on which the employee takes such leave.
``(2) Sufficient certification.--The following
documentation shall be sufficient certification:
``(A) With respect to leave taken for the purposes
described in clause (i) or (ii) of subsection
(a)(2)(A)--
``(i) a recommendation or order from a
public official having jursidiction or a health
care provider that the relevant individual has
symptoms of coronavirus or should be
quarantined; or
``(ii) documentation or evidence that the
relevant individual has been exposed to
coronavirus.
``(B) With respect to leave taken for the purposes
described in clause (iii) of subsection (a)(2)(A),
notice from the school, place of care, or child care
provider of the son or daughter of the employee of
closure or unavailability.
``(f) Restoration to Position.--
``(1) In general.--Section 104(a)(1) shall not apply with
respect to an employee of an employer who employs fewer than 25
employees if the conditions described in paragraph (2) are met.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The employee takes leave under section
102(a)(1)(F).
``(B) The position held by the employee when the
leave commenced does not exist due to economic
conditions or other changes in operating conditions of
the employer--
``(i) that affect employment; and
``(ii) are caused by a public health
emergency during the period of leave.
``(C) The employer makes reasonable efforts to
restore the employee to a position equivalent to the
position the employee held when the leave commenced,
with equivalent employment benefits, pay, and other
terms and conditions of employment.
``(D) If the reasonable efforts of the employer
under subparagraph (C) fail, the employer makes
reasonable efforts during the period described in
paragraph (3) to contact the employee if an equivalent
position described in subparagraph (C) becomes
available.
``(3) Contact period.--The period described under this
paragraph is the 1-year period beginning on the earlier of--
``(A) the date on which the qualifying need related
to a public health emergency concludes; or
``(B) the date that is 12 weeks after the date on
which the employee's leave under section 102(a)(1)(F)
commences.''.
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