Summary: S.5 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (08/10/1992)

Family and Medical Leave Act of 1992 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees.

Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.)

Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position.

Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise.

Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave.

Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave.

Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider.

Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent.

Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) dates and duration of planned medical treatment in the case of intermittent leave; (4) second opinion; (5) resolution of conflicting opinions; and (6) subsequent recertification.

Sets forth employment and benefits protections relating to leave entitlements under this Act.

Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees (i.e. those among the highest paid ten percent of the employer's employees within 75 miles of the facility at which the employee works), under specified conditions, if necessary to prevent substantial and grievous economic injury to the employer's operations.

Requires maintenance of employee health benefits during such leave. Allows the employer to recover premiums paid for such coverage if the employee fails to return to work after the leave period has expired for reasons other than a certified serious health condition or other circumstances beyond the employee's control.

Prohibits employers or other persons from: (1) interfering with employee rights under this title; or (2) from discriminating against any individual because of participation in proceedings or inquiries under this title, or because the individual opposes any practice made unlawful by this title.

Sets forth the investigative authority of the Secretary of Labor (the Secretary) under this title.

Provides for enforcement of this Act. Provides for administrative action by the Secretary to resolve complaints of violations under this title in the same manner as under specified provisions of the Fair Labor Standards Act of 1938. Provides for civil actions by employees, and by the Secretary on their behalf. Makes an employer who violates this title's prohibitions against interfering with employee exercise of rights or discriminating against employees liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; (2) (in any case where such compensation has not been denied or lost) any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to the amount of 12 weeks' wages or salary; (3) interest on such losses; and (4) an additional amount of liquidated damages equal to the sum of such losses and the interest (except that the court may reduce or eliminate such additional liquidated damages in cases where the employer can show good faith and reasonable grounds for believing that the act or omission was not a violation). Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Requires the court to allow attorney's fees and other costs of the action to be paid by the defendant in addition to any judgment awarded to the plaintiff. Sets forth provisions for limitations of such civil actions. Sets forth provisions for action for injunction by the Secretary.

Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability.

Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement.

Directs the Secretary of Labor to prescribe regulations to carry out this title.

Title II: Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods.

Makes such employees eligible for such leave if they have been employed by an employing agency for at least 12 months on other than a temporary or intermittent basis.

Allows such employees up to 12 administrative workweeks in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent), but such leave may not be used at a time more than 12 months after such birth or placement; or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position.

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

Sets forth requirements for employees to give prior notice of the need for such leave, when foreseeable, and to schedule medical treatments, if possible, so as to not unduly disrupt the employing agency's operations.

Sets forth certification provisions.

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

Sets forth prohibitions against coercion.

Requires 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 Leave - Establishes the Commission on Leave.

Requires the Commission to conduct a comprehensive study of: (1) existing and proposed policies relating to leave; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress.

Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on other 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 this title (except those provisions applicable to the Senate) within 60 days.

Title V: Coverage of Congressional Employees - Applies the rights and protections established under specified provisions of title I of this Act to Senate employees and any employing authority of the Senate. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions including: (1) limitations on the period for requests for counseling; and (2) specified applicable remedies. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act.

Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.