Text: H.R.2 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2 RH
102d CONGRESS
1st Session
 H. R. 2
[Report No. 102-135, Parts I and II]
To entitle employees to family leave in certain cases involving a birth,
an adoption, or a serious health condition and to temporary medical leave in
certain cases involving a serious health condition, with adequate protection of
the employees' employment and benefit rights, and to establish a commission
to study ways of providing salary replacement for employees who take any
such leave.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. CLAY (for himself, Mrs. ROUKEMA, Mrs. SCHROEDER, Mr. WELDON, and
Mr. GORDON) introduced the following bill; which was referred jointly to
the Committees on Education and Labor, Post Office and Civil Service, and
House Administration
June 27, 1991
Reported from the Committee on Education and Labor with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
June 27, 1991
Reported from the Committee on Post Office and Civil Service with amendments
[Omit the part struck through in bracket and insert the part printed in bold
face roman]
August 5, 1991
Additional sponsors: Mr. FORD of Michigan, Mr. WILLIAMS, Mr. GAYDOS,
Mr. KILDEE, Mr. MILLER of California, Mr. HAYES of Illinois, Mr. OWENS of
New York, Mr. SAWYER, Mr. ACKERMAN, Mr. ANNUNZIO, Mr. ATKINS, Mr. AUCOIN,
Mr. BEILENSON, Mr. BENNETT, Mr. BERMAN, Mr. BOEHLERT, Mr. BONIOR, Mrs. BOXER,
Mr. BROWN, Mr. BRUCE, Mr. BRYANT, Mr. CAMPBELL of California, Mr. CARPER,
Mr. COLEMAN of Texas, Mrs. COLLINS of Illinois, Ms. COLLINS of Michigan,
Mr. CONYERS, Mr. DAVIS, Mr. DEFAZIO, Ms. DELAURO, Mr. DELLUMS, Mr. DOWNEY,
Mr. DURBIN, Mr. DWYER of New Jersey, Mr. DYMALLY, Mr. ENGEL, Mr. ESPY,
Mr. EVANS, Mr. FASCELL, Mr. FAZIO, Mr. FEIGHAN, Mr. FISH, Mr. FLAKE,
Mr. FOLIETTA, Mr. FORD of Tennessee, Mr. FRANK of Massachusetts, Mr. FROST,
Mr. GEJDENSON, Mr. GEPHARDT, Mr. GILMAN, Mr. GONZALES, Mr. GRAY, Mr. GREEN
of New York, Mr. GUARINI, Mr. HERTEL, Mr. HOCHBRUECKNER, Mr. HOYER,
Mr. JEFFERSON, Mr. JONTZ, Mr. KENNEDY, Mrs. KENNELLY, Mr. KLECZKA,
Mr. KOLTER, Mr. KOPETSKI, Mr. KOSTMAYER, Mr. LANTOS, Mr. LEHMAN of Florida,
Mr. LEVINE of California, Mr. LEVIN of Michigan, Mr. LEWIS of Georgia,
Mr. MANTON, Mr. MARKEY, Mr. MARTIN, Mr. MARTINEZ, Mr. MATSUI, Mr. MCCLOSKEY,
Mr. MCDERMOTT, Mr. MCGRATH, Mr. MCHUGH, Mr. MCNULTY, Mr. MINETA, Mrs. MINK,
Ms. MOLINARI, Mr. MOODY, Mrs. MORELLA, Mr. MURTHA, Mr. NEAL of Massachusetts,
Mr. OBERSTAR, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr. POSHARD, Mr. RAHALL,
Mr. REED, Mr. ROE, Mr. ROYBAL, Mr. SABO, Mr. SCHEUER, Mr. SCHUMER, Mr. SHAYS,
Ms. SLAUGHTER of New York, Mr. SMITH of New Jersey, Ms. SNOWE, Mr. SOLARZ,
Mr. STAGGERS, Mr. STUDDS, Mr. SWETT, Mr. SWIFT, Mr. TORRES, Mr. TOWNS,
Mr. UDALL, Mrs. UNSOELD, Ms. WATERS, Mr. WAXMAN, Mr. WEISS, Mr. WHEAT,
Mr. WILSON, Mr. WISE, Mr. WOLPE, Mr. YATES, Mr. EDWARDS of California,
Mr. LIPINSKI, Mr. PERKINS, Mr. DIXON, Mr. MURPHY, Mr. SANGMEISTER,
Mr. ABERCROMBIE, Mr. MORAN, Ms. KAPTUR, Ms. OAKAR, Mr. PETERSON of Florida,
Mr. JOHNSTON of Florida, Mr. MFUME, Mr. WASHINGTON, Mr. VENTO, Mr. RAVENEL,
Mr. SANDERS, Mr. STOKES, Mr. STARK, Mr. SERRANO, Mr. OWENS of Utah, Ms. HORN,
Mr. SMITH of Florida, Mr. HYDE, Mr. TRAXLER, Mr. RICHARDSON, Mr. SIKORSKI,
Mr. BILBRAY, Mr. RINALDO, Mr. BORSKI, Mr. ANDREWS of New Jersey, Mrs. LOWEY
of New York, Mr. ROEMER, Mr. BACCHUS, Mr. MAVROULES, Mr. RANGEL, Ms. NORTON,
Mr. MACHTLEY, Mr. PETERSON of Minnesota, Mr. TORRICELLI, Mr. WYDEN, Mr. COX of
Illinois, Mr. COYNE, Mr. CARDIN, Mr. ANDREWS of Maine, Mr. SYNAR, Mr. PEASE,
Mr. DE LUGO, Mr. KLUG, Mr. MCMILLEN of Maryland, Mr. LEHMAN of California,
Mr. PALLONE, Mr. TRAFICANT, Mrs. JOHNSON of Connecticut, Mr. SAVAGE,
Mr. DOOLEY, and Mr. Olver
A BILL
To entitle employees to family leave in certain cases involving a birth,
an adoption, or a serious health condition and to temporary medical leave in
certain cases involving a serious health condition, with adequate protection of
the employees' employment and benefit rights, and to establish a commission
to study ways of providing salary replacement for employees who take any
such leave.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
 [Struck out->] SECTION 1. SHORT TITLE; TABLE OF CONTENTS. []   (a) SHORT TITLE- This Act may be cited as the `Family and
 Medical Leave Act of 1991'. []   (b) TABLE OF CONTENTS-  [] Section 1. Short title; table of contents. [] Sec. 2. Findings and purposes. [] TITLE I--GENERAL REQUIREMENTS FOR LEAVE [] Sec. 101. Definitions. [] Sec. 102. Leave requirement. [] Sec. 103. Certification. [] Sec. 104. Employment and benefits protection. [] Sec. 105. Prohibited acts. [] Sec. 106. Administrative enforcement. [] Sec. 107. Enforcement by civil action. [] Sec. 108. Investigative authority. [] Sec. 109. Relief. [] Sec. 110. Special rules concerning employees of local
 educational agencies and private elementary and secondary schools. [] Sec. 111. Notice. [] Sec. 112. Regulations. [] TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES [] Sec. 201. Parental and temporary medical leave. [] TITLE III--COMMISSION ON LEAVE [] Sec. 301. Establishment. [] Sec. 302. Duties. [] Sec. 303. Membership. [] Sec. 304. Compensation. [] Sec. 305. Powers. [] Sec. 306. Termination. [] TITLE IV--MISCELLANEOUS PROVISIONS [] Sec. 401. Effect on other laws. [] Sec. 402. Effect on existing employment benefits. [] Sec. 403. Encouragement of more generous leave
 policies. [] Sec. 404. Effective dates. [] TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES [] Sec. 501. Leave for certain congressional employees. [] SEC. 2. FINDINGS AND PURPOSES. []   (a) FINDINGS- The Congress finds that-- []   (1) the number of single-parent households and two-parent
 households in which the single parent or both parents work is increasing
 significantly; []   (2) it is important to the development of the child and to
 the family unit that fathers and mothers be able to participate in early
 childrearing and the care of their family members who have serious health
 conditions; []   (3) the lack of employment opportunities to accommodate
 working parents can force individuals to choose between job security and
 parenting; []   (4) there is inadequate job security for some employees who
 have serious health conditions that prevent them from working for temporary
 periods; []   (5) due to the nature of women's and men's roles in our
 society, the primary responsibility for family caretaking often falls on
 women, and such responsibility affects their working lives more than it
 affects the working lives of men; and []   (6) employment standards that apply to one gender only
 have serious potential for encouraging employers to discriminate against
 employees and applicants for employment who are of that gender. []   (b) PURPOSES- The Congress therefore declares that the
 purposes of this Act are-- []   (1) to balance the demands of the workplace with the needs
 of families, to promote stability and economic security in families, and
 to promote Federal interests in preserving family integrity; []   (2) to entitle employees to take reasonable leave for medical
 reasons, for the birth or adoption of a child, and for the care of a child,
 spouse, or parent who has a serious health condition; []   (3) to accomplish such purposes in a manner which
 accommodates the legitimate interests of employers; []   (4) to accomplish such purposes in a manner which, consistent
 with the Equal Protection Clause of the Fourteenth Amendment, minimizes the
 potential for discrimination on the basis of sex by ensuring generally that
 leave is available for eligible medical reasons (including maternity-related
 disability) and for compelling family reasons, on a gender-neutral basis;
 and []   (5) to promote the goal of equal employment opportunity
 for women and men, pursuant to such clause. [] TITLE I--GENERAL REQUIREMENTS FOR LEAVE [] SEC. 101. DEFINITIONS. []   For purposes of this title: []   (1) The terms `commerce' and `industry or activity affecting
 commerce' mean any activity, business, or industry in commerce or in which
 a labor dispute would hinder or obstruct commerce or the free flow of
 commerce, and include `commerce' and any activity or industry `affecting
 commerce' within the meaning of the Labor Management Relations Act, 1947
 (29 U.S.C. 141 et seq.). []   (2) The terms `employ' and `State' have the meanings
 given such terms in sections 3(g) and 3(c), respectively, of the Fair Labor
 Standards Act of 1938 (29 U.S.C. 203(g), 203(a), 203(c)). []   (3)(A) The term `eligible employee' means any employee
 as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29
 U.S.C. 203(e)) who has been employed by the employer with respect to whom
 leave is sought under section 102 for at least-- []   (i) 1,000 hours of service during the previous 12-month
 period, and []   (ii) 12 months. []   (B) Such term does not include-- []   (i) any Federal officer or employee covered under subchapter
 V of chapter 63 of title 5, United States Code (as added by title II of
 this Act), or []   (ii) any employee of an employer employed at a worksite
 at which such employer employs less than 50 employees if the total number
 of employees employed by that employer within 75 miles of that worksite is
 less than 50. []   (4) The term `employee' means any individual employed by
 an employer. []   (5)(A) The term `employer' means any person engaged in
 commerce or any activity affecting commerce who employs 50 or more employees
 for each working day during each of 20 or more workweeks in the current or
 preceding calendar year. []   (B) For purposes of subparagraph (A), the term `person'
 includes-- []   (i) any person who acts, directly or indirectly, in the
 interest of an employer to any of the employer's employees; []   (ii) any successor in interest of an employer; and
 []   (iii) any public agency, as defined in section 3(x) of
 the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)). []   (C) For purposes of subparagraph (A), a public agency shall
 be deemed to be a person engaged in commerce or in an activity affecting
 commerce. []   (6) The term `employment benefits' means all benefits
 provided or made available to employees by an employer, and include group life
 insurance, health insurance, disability insurance, sick leave, annual leave,
 educational benefits, and pensions, regardless of whether such benefits
 are provided by a policy or practice of an employer or through an employee
 benefit plan as defined in section 3(3) of the Employee Retirement Income
 Security Act of 1974 (29 U.S.C. 1002(1)). []   (7) The term `health care provider' means a doctor of
 medicine or osteopathy legally authorized to practice medicine and surgery by
 the State in which the doctor performs such function or action. []   (8) The term `reduced leave schedule' means leave scheduled
 for fewer than an employee's usual number of hours per workweek or hours
 per workday. []   (9) The term `Secretary' means the Secretary of
 Labor. []   (10) The term `serious health condition' means an illness,
 injury, impairment, or physical or mental conditions which involves--
 []   (A) inpatient care in a hospital, hospice, or residential
 health care facility, or []   (B) continuing treatment or continuing supervision by a
 health care provider. []   (11) The term `son or daughter' means a biological, adopted,
 or foster child, a stepchild, a legal ward, or a child of a person standing
 in loco parentis, who is-- []   (A) under 18 years of age, or []   (B) 18 years of age or older and incapable of self-care
 because of mental or physical disability. []   (12) The term `parent' means the biological parent of the
 child or an individual who stood in loco parentis to a child when the child
 was a son or daughter. [] SEC. 102. LEAVE REQUIREMENT. []   (a) IN GENERAL- (1) An eligible employee shall be entitled,
 subject to section 103, to 12 workweeks of leave during any 12-month period--
 []   (A) because of the birth of a son or daughter of the
 employee; []   (B) because of the placement of a son or daughter with
 the employee for adoption or foster care; []   (C) in order to care for the employee's son, daughter,
 spouse, or parent who has a serious health condition; or []   (D) because of a serious health condition which
 makes the employee unable to perform the functions of such employee's
 position. []   (2)(A) The entitlement to leave under paragraphs (1)(A)
 and (1)(B) for a birth or placement of a son or daughter shall expire
 at the end of the 12-month period beginning on the date of such birth or
 placement. If one parent of a son or daughter takes leave under paragraph
 (1)(A), the other parent of such son or daughter may not take leave under
 such paragraph at the same time. []   (B) Leave under paragraph (1)(A) or (1)(B) may not be
 taken by an employee intermittently unless the employee and the employee's
 employer agree otherwise. Leave under paragraph (1)(C) or (1)(D) may
 be taken intermittently when medically necessary, subject to subsection
 (e). []   (b) REDUCED LEAVE- Upon agreement between the employer and
 the employee, leave under subsection (a) may be taken on a reduced leave
 schedule. Such reduced leave schedule shall not result in a reduction in
 the total amount of leave to which the employee is entitled. []   (c) UNPAID LEAVE PERMITTED- Leave under subsection (a) may
 consist of unpaid leave, except as provided in subsection (d). []   (d) RELATIONSHIP TO PAID LEAVE- (1)(A) An eligible employee
 may elect, or an employer may require the employee, to substitute for
 leave under paragraph (1)(A), (1)(B), or (1)(C) of subsection (a) any of
 the employee's paid vacation leave, personal leave, or family leave for any
 part of the 12-week period of such leave under such paragraph. []   (B) An eligible employee or employer may elect, or an
 employer may require the employee, to substitute for leave under paragraph
 (1)(D) of subsection (a) any of the employee's paid vacation leave, personal
 leave, or medical or sick leave for any part of the 12-week period of
 such leave under such paragraph, except that nothing in this Act 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. []   (2) If an eligible employee is entitled to leave under
 subsection (a), if under paragraph (1) the employee elects to substitute or is
 required by the employee's employer to substitute paid leave for such leave,
 and if such paid leave is less than the 12 weeks leave under subsection
 (a), the employee's employer shall provide the employee such additional
 weeks of leave as may be necessary to attain such 12 weeks. []   (e) FORESEEABLE LEAVE- (1) In any case in which the
 necessity for leave under paragraph (1)(A) or (1)(B) of subsection (a) is
 foreseeable based on an expected birth or adoption, the eligible employee
 shall provide the employer with prior notice of such expected birth or
 adoption in a manner which is reasonable and practicable. []   (2) In any case in which the necessity for leave under
 paragraph (1)(C) or (1)(D) of subsection (a) is foreseeable based on planned
 medical treatment or supervision, the employee-- []   (A) shall make a reasonable effort to schedule the treatment
 or supervision so as not to disrupt unduly the operations of the employer,
 subject to the approval of the employee's health care provider or the health
 care provider of the employee's son, daughter, or parent; and []   (B) shall provide the employer with prior notice
 of the treatment or supervision in a manner which is reasonable and
 practicable. []   (f) SPOUSES EMPLOYED BY THE SAME EMPLOYER- In any case in
 which a husband and wife entitled to leave under subsection (a) are employed
 by the same employer, the aggregate number of workweeks of leave to which
 both may be entitled may be limited to 12 workweeks during any 12-month
 period, if such leave is taken-- []   (1) under subparagraph (A) or (B) of subsection (a)(1);
 or []   (2) to care for a sick parent under subparagraph (C)
 of such subsection. [] SEC. 103. CERTIFICATION. []   (a) IN GENERAL- An employer may require that a claim
 for leave under section 102(a)(1)(C) or 102(a)(1)(D) be supported by
 certification issued by the health care provider of the eligible employee
 or of the employee's son, daughter, spouse, or parent, whichever is
 appropriate. The employee shall provide a copy of such certification to
 the employer. []   (b) SUFFICIENT CERTIFICATION- Such certification shall be
 sufficient if it states-- []   (1) the date on which the serious health condition commenced;
 []   (2) the probable duration of the condition; []   (3) the appropriate medical facts within the provider's
 knowledge regarding the condition; and []   (4)(A) for purposes of leave under section 102(a)(1)(C),
 an estimate of the amount of time that the eligible employee is needed to
 care for the son, daughter, spouse, or parent; and []   (B) for purposes of leave under section 102(a)(1)(D),
 a statement that the employee is unable to perform the functions of the
 employee's position. []   (c) EXPLANATION OF INABILITY TO PERFORM JOB FUNCTIONS- The
 employer may request that, for purposes of section 104(d), certification
 under subsection (a) that is issued in any case involving leave under
 section 102(a)(1)(D) include an explanation of the extent to which the
 eligible employee is unable to perform the functions of the employee's
 position. []   (d) SECOND OPINION- (1) In any case in which the employer
 has reason to doubt the validity of the certification provided under
 subsection (a) for leave under paragraph (1)(C) or (1)(D) of section 102(a),
 the employer may require, at its own expense, that the eligible employee
 obtain the opinion of a second health care provider designated or approved
 by the employer concerning any information certified under subsection (a)
 for such leave. []   (2) Any health care provider designated or approved
 under paragraph (1) may not be employed on a regular basis by the
 employer. []   (e) RESOLUTION OF CONFLICTING OPINIONS- In any case in which
 the second opinion described in subsection (d) differs from the original
 certification provided under subsection (a), the employer may require, at
 its own expense, that the employee obtain the opinion of a third health care
 provider designated or approved jointly by the employer and the employee
 concerning the information certified under subsection (a). The opinion of
 the third health care provider concerning the information certified under
 subsection (a) shall be considered to be final and shall be binding on the
 employer and the employee. []   (f) SUBSEQUENT RECERTIFICATION- The employer may require
 that the eligible employee obtain subsequent recertifications on a reasonable
 basis. [] SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION. []   (a) RESTORATION TO POSITION- (1) Any eligible employee who
 takes leave under section 102 for its intended purpose shall be entitled,
 upon return from such leave-- []   (A) to be restored by the employer to the position of
 employment held by the employee when the leave commenced; or []   (B) to be restored to an equivalent position with
 equivalent employment benefits, pay, and other terms and conditions of
 employment. []   (2) The taking of leave under section 102 shall not result
 in the loss of any employment benefit earned before the date on which the
 leave commenced. []   (3) Except as provided in subsection (b), nothing in
 this subsection shall be construed to entitle any restored employee to--
 []   (A) the accrual of any seniority or employment benefits
 during any period of leave; or []   (B) any right, benefit, or position of employment other
 than any right, benefit, or position to which the employee would have been
 entitled had the employee not taken the leave. []   (4) As a condition to restoration under paragraph (1),
 the employer may have a policy that requires each employee to receive
 certification from the employee's health care provider that the employee
 is able to resume work, except that nothing in this paragraph shall
 supersede a valid State or local law or a collective bargaining agreement
 that governs the return to work of employees taking leave under section
 102(a)(1)(D). []   (b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED
 EMPLOYEES- (1) An employer may deny restoration under subsection (a) to
 any eligible employee described in paragraph (2) if-- []   (A) such denial is necessary to prevent substantial and
 grievous economic injury to the employer's operations; []   (B) the employer notifies the employee of its intent to
 deny restoration on such basis at the time the employer determines that
 such injury would occur; and []   (C) in any case in which the leave has commenced,
 the employee elects not to return to employment after receiving such
 notice. []   (2) An eligible employee described in this paragraph is
 a salaried eligible employee who is among the highest paid 10 percent of
 the employees employed by the employer within 75 miles of the facility at
 which the employee is employed. []   (c) MAINTENANCE OF HEALTH BENEFITS- During any period an
 eligible employee takes leave under section 102, the employer shall maintain
 coverage under any group health plan (as defined in section 162(i)(2)
 of the Internal Revenue Code of 1986) for the duration of such leave at
 the level and under the conditions coverage would have been provided if the
 employee had continued in employment continuously from the date the employee
 commenced the leave until the date the employee is restored under subsection
 (a). []   (d) NO BAR TO AGREEMENT CONCERNING ALTERNATIVE EMPLOYMENT-
 Nothing in this title shall be construed to prohibit an employer and an
 eligible employee from mutually agreeing to alternative employment for the
 employee throughout the period during which the employee would be entitled
 to leave under section 102. Any such period of alternative employment shall
 not cause a reduction in the period of temporary leave to which the employee
 is entitled under section 102(a)(1)(D). [] SEC. 105. PROHIBITED ACTS. []   (a) INTERFERENCE WITH RIGHTS- (1) It shall be unlawful
 for any employer to interfere with, restrain, or deny the exercise of or
 the attempt to exercise, any right provided under this title. []   (2) It shall be unlawful for any employer to discharge or
 in any other manner discriminate against any individual for opposing any
 practice made unlawful by this title. []   (b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES- It shall
 be unlawful for any person to discharge or in any other manner discriminate
 against any individual because such individual-- []   (1) has filed any charge, or has instituted or caused to
 be instituted any proceeding, under or related to this title; []   (2) has given, or is about to give, any information in
 connection with any inquiry or proceeding relating to any right provided
 under this title; or []   (3) has testified, or is about to testify in any inquiry
 or proceeding relating to any right provided under this title. [] SEC. 106. ADMINISTRATIVE ENFORCEMENT. []   (a) IN GENERAL- The Secretary shall issue such regulations
 as are necessary to carry out this section, including regulations concerning
 service of complaints, notice of hearings, answers and amendments to
 complaints, and copies of orders and records of proceedings. []   (b) CHARGES- (1) Any person (or person, including a class
 or organization, on behalf of any person) alleging an act which violates any
 provision of this title may file a charge respecting such violation with
 the Secretary. Charges shall be in such form and contain such information
 as the Secretary shall require by regulation. []   (2) Not more than 10 days after the Secretary receives
 notice of the charge, the Secretary-- []   (A) shall serve a notice of the charge on the person
 charged with the violation; and []   (B) shall inform such person and the charging party as to
 the rights and procedures provided under this title. []   (3) A charge may not be filed more than 1 year after the
 date of the last event constituting the alleged violation. []   (4) The charging party and the person charged with the
 violation may enter into a settlement agreement concerning the violation
 alleged in the charge before any determination is reached by the Secretary
 under subsection (c). Such an agreement shall be effective unless the
 Secretary determines, within 30 days after notice of the proposed agreement,
 that the agreement is not generally consistent with the purposes of this
 title. []   (c) INVESTIGATION; COMPLAINT- (1) Within the 60-day period
 after the Secretary receives any charge respecting a violation of this title,
 the Secretary shall investigate the charge and issue a complaint based on
 the charge or dismiss the charge. []   (2) If the Secretary determines that there is no reasonable
 basis for the charge, the Secretary shall dismiss the charge and promptly
 notify the charging party and the respondent as to the dismissal. []   (3) If the Secretary determines that there is a reasonable
 basis for the charge, the Secretary shall issue a complaint based on the
 charge and promptly notify the charging party and the respondent as to the
 issuance. []   (4) Upon the issuance of a complaint, the Secretary and
 the respondent may enter into a settlement agreement concerning a violation
 alleged in the complaint. Any such settlement shall not be entered into over
 the objection of the charging party, unless the Secretary determines that
 the settlement provides a full remedy for the charging party. []   (5) If, at the end of the 60-day period referred to in
 paragraph (1), the Secretary-- []   (A) has not made a determination under paragraph (2) or (3),
 []   (B) has dismissed the charge under paragraph (2), or
 []   (C) has disapproved a settlement agreement under subsection
 (b)(4) or has not entered into a settlement agreement under paragraph (4) of
 this subsection,  the charging party may elect to bring a civil action under
 section 107. Such election shall bar further administrative action by the
 Secretary with respect to the violation alleged in the charge. []   (6) The Secretary may issue and serve a complaint alleging
 a violation of this title on the basis of information and evidence gathered
 as a result of an investigation initiated by the Secretary pursuant to
 section 108. []   (7) The Secretary shall have the power to petition the
 United States district court for the district in which the violation is
 alleged to have occurred, or in which the respondent resides or transacts
 business, for appropriate temporary relief or restraining order. Upon the
 filing of any such petition, the court shall cause notice of the petition
 to be served upon the respondent, and the court shall have jurisdiction
 to grant to the Secretary such temporary relief or restraining order as it
 deems just and proper. []   (d) RIGHTS OF PARTIES- (1) In any case in which a complaint
 is issued under subsection (c), the Secretary shall, not more than 10 days
 after the date on which the complaint is issued, cause to be served on the
 respondent a copy of the complaint. []   (2) Any person filing a charge alleging a violation of
 this title may elect to be a party to any complaint filed by the Secretary
 alleging such violation. Such election must be made before the commencement
 of the hearing. []   (3) The failure of the Secretary to comply in a timely
 manner with any obligation assigned to the Secretary under this title shall
 entitle the charging party to elect, at the time of such failure, to bring
 a civil action under section 107. []   (e) CONDUCT OF HEARING- (1) The Secretary shall have the
 duty to prosecute any complaint issued under subsection (b). []   (2) An administrative law judge shall conduct a hearing on
 the record with respect to any complaint issued under this title. The hearing
 shall be commenced within 60 days after the issuance of such complaint,
 unless the judge, in the judge's discretion, determines that the purposes
 of this Act would best be furthered by commencement of the action after
 the expiration of such period. []   (f) FINDINGS AND CONCLUSIONS- (1) After the hearing
 conducted under this section, the administrative law judge shall promptly
 make findings of fact and conclusions of law, and, if appropriate, issue
 an order for relief as provided in section 109. []   (2) The administrative law judge shall inform the parties, in
 writing, of the reason for any delay in making such findings and conclusions
 if such findings and conclusions are not made within 60 days after the
 conclusion of such hearing. []   (g) FINALITY OF DECISION; REVIEW- (1) The decision and
 order of the administrative law judge shall become the final decision and
 order of the agency unless, upon appeal by an aggrieved party taken not
 more than 30 days after such action, the Secretary modifies or vacates the
 decision, in which case the decision of the Secretary shall be the final
 decision and the order of the agency. []   (2) Not later than 60 days after the entry of such final
 order, any person aggrieved by such final order may seek a review of such
 order in the United States court of appeals for the circuit in which the
 violation is alleged to have occurred or in which the employer resides or
 transacts business. []   (3) Upon the filing of the record with the court, the
 jurisdiction of the court shall be exclusive and its judgment shall be final,
 except that the same shall be subject to review by the Supreme Court of
 the United States upon writ of certiorari or certification as provided in
 section 1254 of title 28, United States Code. []   (h) COURT ENFORCEMENT OF ADMINISTRATIVE ORDERS- (1) If an
 order of the agency is not appealed under subsection (g)(2), the Secretary
 may petition the United States district court for the district in which the
 violation is alleged to have occurred, or in which the respondent resides
 or transacts business, for the enforcement of the order of the Secretary,
 by filing in such court a written petition praying that such order be
 enforced. []   (2) Upon the filing of such petition, the court shall
 have jurisdiction to make and enter a decree enforcing the order of the
 Secretary. In such a proceeding, the order of the Secretary shall not be
 subject to review. []   (3) If, upon appeal of an order under subsection (g)(2),
 the United States court of appeals does not reverse such order, such court
 shall have the jurisdiction to make and enter a decree enforcing the order
 of the Secretary. [] SEC. 107. ENFORCEMENT BY CIVIL ACTION. []   (a) RIGHT TO BRING CIVIL ACTION- (1) Subject to the
 limitations in this section, an eligible employee or any person, including
 a class or organization on behalf of any eligible employee or the Secretary
 may bring a civil action against any employer (including any State employer)
 to enforce the provisions of this title in any appropriate court of the
 United States or in any State court of competent jurisdiction. []   (2) Subject to paragraph (3), a civil action may be
 commenced under this subsection without regard to whether a charge has been
 filed under section 106(b). []   (3) No civil action may be commenced under paragraph (1)
 if the Secretary-- []   (A) has approved a settlement agreement or has failed to
 disapprove a settlement agreement under section 106(b)(4), in which case
 no civil action may be filed under this subsection if such action is based
 upon a violation alleged in the charge and resolved by the agreement; or
 []   (B) has issued a complaint under section 106(c)(3) or
 106(c)(6), in which case no civil action may be filed under this subsection if
 such action is based upon a violation alleged in the complaint. []   (4) Notwithstanding paragraph (3)(A), a civil action may be
 commenced to enforce the terms of any such settlement agreement. []   (5)(A) Except as provided in subparagraph (B), no civil
 action may be commenced more than 1 year after the date of the last event
 constituting the alleged violation. []   (B) In any case in which-- []   (i) a timely charge is filed under section 106(b), and
 []   (ii) the failure of the Secretary to issue a complaint or
 enter into a settlement agreement based on the charge (as provided under
 section 106(c)(4)) occurs more than 11 months after the date on which any
 alleged violation occurred, [] the charging party may commence a civil action not more than
 60 days after the date of such failure. []   (6) The Secretary may not bring a civil action against
 any agency of the United States. []   (7) Upon the filing of the complaint with the court,
 the jurisdiction of the court shall be exclusive. []   (b) VENUE- An action brought under subsection (a) in a
 district court of the United States may be brought-- []   (1) in any appropriate judicial district under section
 1391 of title 28, United States Code, or []   (2) in the judicial district in the State in which--
 []   (A) the employment records relevant to such violation are
 maintained and administered, or []   (B) the aggrieved person worked or would have worked but
 for the alleged violation. []   (c) NOTIFICATION OF THE SECRETARY; RIGHT TO INTERVENE- A
 copy of the complaint in any action by an eligible employee under subsection
 (a) shall be served upon the Secretary by certified mail. The Secretary
 shall have the right to intervene in a civil action brought by an employee
 under subsection (a). []   (d) ATTORNEYS FOR THE SECRETARY- In any civil action under
 subsection (a), attorneys appointed by the Secretary may appear for and
 represent the Secretary, except that the Attorney General and the Solicitor
 General shall conduct any litigation in the Supreme Court. [] SEC. 108. INVESTIGATIVE AUTHORITY. []   (a) IN GENERAL- To ensure complaince with this title, or any
 regulation or order issued under this title, the Secretary shall have, subject
 to subsection (c), the investigative authority provided under section 11(a)
 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). []   (b) OBLIGATION TO KEEP AND PRESERVE RECORDS- Any employer
 shall keep and preserve records in accordance with section 11(c) of such
 Act and in accordance with regulations issued by the Secretary. []   (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL
 BASIS- The Secretary may not under the authority of this section require
 any employer or any plan, fund, or program to submit to the Secretary any
 books or records more than once during any 12-month period, unless the
 Secretary has reasonable cause to believe there may exist a violation of
 this title or any regulation or order issued pursuant to this title, or is
 investigating a charge pursuant to section 106. []   (d) SUBPOENA POWERS, ETC- For the purposes of any
 investigation provided for in this section, the Secretary shall have the
 subpoena authority provided under section 9 of the Fair Labor Standards
 Act of 1938. [] SEC. 109. RELIEF. []   (a) INJUNCTIVE- (1) Upon finding a violation under section
 106, the administrative law judge shall issue an order requiring such
 person to cease and desist from any act or practice which violates this
 title. []   (2) In any civil action brought under section 107, the court
 may grant as relief against any employer (including any State employer)
 any permanent or temporary injunction, temporary restraining order, and
 other equitable relief as the court deems appropriate. []   (b) MONETARY- (1) Any employer (including any State employer)
 that violates any provision of this title shall be liable to the injured
 party in an amount equal to-- []   (A) any wages, salary, employment benefits, or other
 compensation denied or lost to such eligible employee by reason of the
 violation, plus interest on the total monetary damages calculated at the
 prevailing rate; and []   (B) an additional amount equal to the greater of (i) the
 amount determined under subparagraph (A), or (ii) consequential damages, not
 to exceed 3 times the amount determined under such subparagraph. []   (2) If an employer who has violated this title proves to the
 satisfaction of the administrative law judge or the court that the act or
 omission which violated this title was in good faith and that the employer
 had reasonable grounds for believing that the act or omission was not a
 violation of this title, such judge or the court may, in its discretion,
 reduce the amount of the liability provided for under this subsection to
 the amount determined under paragraph (1)(A). []   (c) ATTORNEYS' FEES- The prevailing party (other than the
 United States) may be awarded a reasonable attorneys' fee as part of the
 costs, in addition to any relief awarded. The United States shall be liable
 for costs the same as a private person. []   (d) LIMITATION- Damages awarded under subsection (b) may
 not accrue from a date more than 2 years before the date on which a charge
 is filed under section 106(b) or a civil action is brought under section
 107. [] SEC. 110. SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL
 EDUCATIONAL AGENCIES. []   (a) IN GENERAL- Except as otherwise provided in this
 section, the rights, remedies, and procedures under this Act shall apply to--
 []   (1) any local educational agency (as defined in section
 1471(12) of the Elementary and Secondary Education Act of 1965 (20
 U.S.C. 2891(12))) and its employees, and []   (2) any private elementary and secondary school and its
 employees, [] including the rights under section 104, which shall extend
 throughout the period of any employee's leave under this section. []   (b) LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS- A
 local educational agency and a private elementary and secondary school shall
 not be in violation of the Education of the Handicapped Act (20 U.S.C. 1400
 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or
 title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), solely
 as a result of an eligible employee of such agency or school exercising
 such employee's rights under this Act. []   (c) INTERMITTENT LEAVE FOR INSTRUCTIONAL EMPLOYEES-
 (1) Subject to paragraph (2), in any case in which an employee employed
 principally in an instructional capacity by any such educational agency or
 school seeks to take leave under section 102(a)(1)(C) or 102(a)(1)(D) which
 is foreseeable based on planned medical treatment or supervision and the
 employee would be on leave for greater than 20 percent of the total number
 of working days in the period during which the leave would extend, the
 agency or school may require such employee to elect either-- []   (A) to take leave for periods of a particular duration,
 not to exceed the planned medical treatment or supervision; or []   (B) to transfer temporarily to an available alternative
 position offered by the employer for which the employee is qualified,
 and which-- []   (i) has equivalent pay and benefits, and []   (ii) better accommodates recurring periods of leave than
 the employee's regular employment position. []   (2) The elections described in subparagraphs (A) and (B)
 of paragraph (1) shall apply only with respect to an employee who complies
 with section 102(e)(2). []   (d) RULES APPLICABLE TO PERIODS NEAR THE CONCLUSION OF AN
 ACADEMIC TERM- The following rules shall apply with respect to periods of
 leave near the conclusion of an academic term in the case of any employee
 employed principally in an instructional capacity by any such educational
 agency or school: []   (1) If the employee begins leave under section 102 more
 than 5 weeks before the end of the academic term, the agency or school may
 require the employee to continue taking leave until the end of such term,
 if-- []   (A) the leave is of at least 3 weeks duration; and
 []   (B) the return to employment would occur during the 3-week
 period before the end of such term. []   (2) If the employee begins leave under paragraph (1)(A),
 (1)(B), or (1)(C) of section 102(a)(1) during the period that commences 5
 weeks before the end of the academic term, the agency or school may require
 the employee to continue taking leave until the end of such term, if--
 []   (A) the leave is of greater than 2 weeks duration; and
 []   (B) the return to employment would occur during the 2-week
 period before the end of such term. []   (3) If the employee begins leave under paragraph (1)(A),
 (1)(B), or (1)(C) of section 102 during the period that commences 3 weeks
 before the end of the academic term and the duration of the leave is
 greater than 5 working days, the agency or school may require the employee
 to continue to take leave until the end of such term. []   (e) RESTORATION TO EQUIVALENT EMPLOYMENT POSITION-
 For purposes of determinations under section 104(a)(1)(B) (relating to
 an employee's restoration to an equivalent position) in the case of a
 local educational agency or a private elementary and secondary school,
 such determination shall be made on the basis of established school board
 policies and practices, private school policies and practices, and collective
 bargaining agreements. []   (f) REDUCTION OF THE AMOUNT OF LIABILITY- If a local
 educational agency or a private elementary and secondary school which has
 violated title I proves to the satisfaction of the administrative law judge
 or the court that the agency, school, or department had reasonable grounds
 for believing that the underlying act or omission was not a violation of
 such title, such judge or court may, in its discretion, reduce the amount of
 the liability provided for under section 109(b)(1) to the amount determined
 under subparagraph (A) of such section. [] SEC. 111. 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, to be prepared
 or approved by the Secretary, 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. [] SEC. 112. REGULATIONS. []   The Secretary shall prescribe such regulations as are
 necessary to carry out this title (including regulations under section 106(a))
 within 60 days after the date of the enactment of this Act. [] TITLE II--FAMILY LEAVE AND TEMPORARY MEDICAL LEAVE FOR CIVIL
 SERVICE EMPLOYEES [] SEC. 201. FAMILY AND TEMPORARY MEDICAL LEAVE. []   (a) IN GENERAL- (1) Chapter 63 of title 5, United States
 Code, is amended by adding at the end thereof the following new subchapter:
 [] `SUBCHAPTER V--FAMILY AND TEMPORARY MEDICAL LEAVE [] `Sec. 6381. Definitions []   `For purposes of this subchapter-- []   `(1) `employee' means-- []   `(A) an employee as defined by section 6301(2) of this
 title (excluding an individual employed by the government of the District
 of Columbia); and []   `(B) an individual under clause (v) or (ix) of such section;
 [] whose employment is other than on a temporary or intermittent
 basis; []   `(2) `serious health condition' means an illness, injury,
 impairment, or physical or mental condition which involves-- []   `(A) inpatient care in a hospital, hospice, or residential
 health care facility; or []   `(B) continuing treatment, or continuing supervision,
 by a health care provider; []   `(3) `child' means an individual who is-- []   `(A) a biological, adopted, or foster child, a stepchild,
 a legal ward, or a child of a person standing in loco parentis, and
 []   `(B)(i) under 18 years of age, or []   `(ii) 18 years of age or older and incapable of self-care
 because of mental or physical disability; and []   `(4) `parent' means a biological, foster, or adoptive
 parent, a parent-in-law, a stepparent, or a legal guardian. [] `Sec. 6382. Family leave []   `(a) Leave under this section shall be granted on the
 request of an employee if such leave is requested-- []   `(1) because of the birth of a child of the employee;
 []   `(2) because of the placement for adoption or foster care
 of a child with the employee; or [] `(3) in order to care for the employee's  [][  [Struck out->] child [] child
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