Text: H.R.5882 — 101st Congress (1989-1990)All Information (Except Text)

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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.