H.R.5882 - Family Education Leave Act101st Congress (1989-1990)
|Sponsor:||Rep. Sikorski, Gerry E. [D-MN-6] (Introduced 10/19/1990)|
|Committees:||House - Education and Labor; Ways and Means|
|Latest Action:||House - 10/26/1990 Referred to the Subcommittee on Labor-Management Relations. (All Actions)|
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Text: H.R.5882 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 5882 IH 101st CONGRESS 2d Session H. R. 5882 To entitle employees to family leave for attending school activities. IN THE HOUSE OF REPRESENTATIVES October 19 1990 Mr. SIKORSKI (for himself, Mr. MILLER of California, Mrs. BOXER, Mr. BATES, Mr. LEVINE of California, Mr. SCHEUER, Mr. FOGLIETTA, Mr. LIPINSKI, Mr. HOCHBRUECKNER, Mr. HAYES of Illinois, Mr. PERKINS, Mr. TOWNS, Mr. GEJDENSON, and Mr. VENTO) introduced the following bill; which was referred to the Committee on Education and Labor and Ways and Means A BILL To entitle employees to family leave for attending school activities. 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 Education Leave Act'. SEC. 2. LEAVE FOR SCHOOL ACTIVITIES. (a) IN GENERAL- In each school year, a qualified individual shall be entitled to 8 hours of paid leave from the individual's employment for each day in which the individual is engaged for at least one hour in the activities of a school which is attended by a dependent of the individual if the individual made a request for such leave to the individual's employer at least 2 weeks before the date of the leave. (b) DEFINITIONS- For purposes of this Act-- (1) the term `qualified individual' means any employee of an employer who works for an average of 40 or more hours per week, (2) the term `employer' means any person engaged in commerce or in an activity affecting commerce and any public agency other than the Federal Government, (3) the term `dependent' means a biological, adopted, or foster child, a stepchild, or a legal ward, who is-- (A) under the age of 18, or (B) 18 years or older and incapable of self-care because of mental or physical disability, and (4) the term `school' means a public or private nonprofit elementary or secondary school, vocational education school, public or private nonprofit day care center, or public or private nonprofit preschool. SEC. 3. ENFORCEMENT. (a) COVERED EMPLOYERS- An employer shall be required to provide the leave prescribed by section 2 to a qualified individual if the individual has been employed by the employer for at least 12 months before leave is requested. (b) SANCTION- An employer who refuses to provide leave in accordance with section 2 or who discriminates in any way against an individual who requests leave in accordance with section 2 shall be subject to a civil penalty of not more than $50,000. SEC. 4. EFFECTIVE DATE. Sections 2 and 3 shall take effect with respect to the school year beginning in 1991. SEC. 5. CREDIT FOR EMPLOYER COSTS OF PROVIDING FAMILY LEAVE. (a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: `SEC. 43. CREDIT FOR PROVIDING FAMILY LEAVE FOR ATTENDING SCHOOL ACTIVITIES. `(a) GENERAL RULE- For purposes of section 38, the family leave credit determined under this section for the taxable year is an amount equal to 10 percent of the qualified family leave expenses for the taxable year. `(b) DEFINITIONS- For purposes of this section-- `(1) QUALIFIED FAMILY LEAVE EXPENSES- The term `qualified family leave expenses' means-- `(A) salary or wages (or amounts in lieu of salary or wages) for any period during which the employee is on qualified family leave, and `(B) employee benefit costs with respect to any employee to the extent allocable to any period during which the employee is on qualified family leave. `(2) QUALIFIED FAMILY LEAVE- The term `qualified family leave' means any paid leave provided under section 2 of the Family Leave for School Activities Act. `(3) EMPLOYEE BENEFIT COSTS- The term `employee benefit costs' means the cost of benefits provided or made available to an employee, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions.'. (b) CONFORMING AMENDMENTS- (1) Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking `plus' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting `, plus', and by adding at the end the following new paragraph: `(6) the family leave credit determined under section 43.' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: `Sec. 43. Credit for providing family leave for attending school activities.' (c) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after December 31, 1990. SEC. 6. NOTICE. (a) IN GENERAL- Each employer shall post and keep posted, in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice 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 shall be assessed a civil money penalty not to exceed $100 for each separate offense.