Bill summaries are authored by CRS.

Shown Here:
Reported to Senate amended (08/03/1988)

(Reported to Senate from the Committee on Labor and Human Resources with amendment, S. Rept. 100-447)

Parental and Medical Leave Act of 1988 - Title I: General Requirements for Parental and Medical Leave - Entitles employees to unpaid parental and temporary medical leave.

Makes this Act applicable to: (1) employers who employ 20 or more employees at any one worksite for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; and (2) employees who have been employed by such an employer for at least 12 months and for 900 hours of service during the previous 12-month period.

Entitles employees to parental leave for ten workweeks during any 24-month period in cases involving the birth, adoption, or serious health condition of a child.

Defines son or daughter as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a de facto parent, who is: (1) under 18 years of age; or (2) 18 years of age or older and incapable of self-care because of a mental or physical disability.

Entitles employees to temporary medical leave for 13 workweeks during any 12-month period in cases involving inability to work because of a serious health condition.

Provides that such leave (i.e., parental or temporary medical leave) may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period.

Requires the employee, in any case in which the necessity for such leave is foreseeable based on planned medical treatment or supervision, to: (1) make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the employer's operations; and (2) provide prior notice in a reasonable and practicable manner.

Sets forth conditions for certification for such leave.

Sets forth employment and benefits protections relating to such leave.

States that employers are not prohibited from requiring an employee on such leave to report to them periodically on the employee's status and intention to return to work.

Prohibits interference with, or discrimination against, any person for exercising rights or participating in proceedings or inquiries under this title.

Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees.

Requires employers to post notice of the pertinent provisions of this title.

Title II: Parental Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to: (1) parental leave for ten workweeks during any 24-month period; and (2) temporary medical leave for 13 workweeks during any 12-month period.

Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave.

Requires the employee, in any case in which the necessity for such leave is foreseeable based on planned medical treatment or supervision, to: (1) make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the employer's operations; and (2) provide prior notice in a reasonable and practicable manner.

Sets forth protection for job position and health insurance benefits of employees using such leave.

Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act.

Title III: Commission on Parental and Medical Leave - Establishes the Commission on Parental and Medical Leave.

Requires the Commission to report on its study of parental and medical leave to the Congress within two years after the Commission first meets. Terminates the Commission 30 days after its final report.

Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits.

Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies.

Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act, within 60 days after the enactment of this Act.