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U.S. Department of Labor
Employment Standards Administration
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Printer-Friendly Version
Public Law 103-3 Enacted February 5, 1993
An Act
To grant family and temporary medical leave under certain circumstances.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the "Family and Medical Leave Act of 1993".
(b) TABLE OF CONTENTS.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
TITLE III--COMMISSION ON LEAVE
TITLE IV--MISCELLANEOUS PROVISIONS
TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES
TITLE VI--SENSE OF CONGRESS
SEC. 2. FINDINGS AND PURPOSES.
FINDINGS.--Congress finds that--
- the number of single-parent households and two-parent households in
which the single parent or both parents work is increasing significantly;
- it is important for the development of children and the family unit that
fathers and mothers be able to participate in early childrearing and the care of
family members who have serious health conditions;
- the lack of employment policies to accommodate working parents can force
individuals to choose between job security and parenting;
- there is inadequate job security for employees who have serious health
conditions that prevent them from working for temporary periods;
- due to the nature of the roles of men and women in our society, the
primary responsibility for family caretaking often falls on women, and such
responsibility affects the working lives of women more than it affects the
working lives of men; and
- 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.
PURPOSES.--It is the purpose of this Act--
- to balance the demands of the workplace with the needs of families, to
promote the stability and economic security of families, and to promote national
interests in preserving family integrity;
- 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;
- to accomplish the purposes described in paragraphs (1) and (2) in a
manner that accommodates the legitimate interests of employers;
- to accomplish the purposes described in paragraphs (1) and (2) in a
manner that, consistent with the Equal Protection Clause of the Fourteenth
Amendment, minimizes the potential for employment 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
- 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.
- COMMERCE.--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
"industry affecting commerce", as defined in paragraphs (1)
and (3) of section 501 of the Labor Management Relations Act, 1947 (29
U.S.C. 142 (1) and (3)).
- ELIGIBLE EMPLOYEE.--
- IN GENERAL.--The term "eligible employee" means an
employee who has been employed
- (i) for at least 12 months by the employer with respect to whom
leave is requested under section 102; and
- (ii) for at least 1,250 hours of service with such employer during
the previous 12-month period.
- EXCLUSIONS.--The term "eligible employee" does not
include
- 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
- any employee of an employer who is 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.
- DETERMINATION.--For purposes of determining whether an employee
meets the hours of service requirement specified in subparagraph
- (A)(ii), the legal standards established under section 7 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply.
- EMPLOY; EMPLOYEE; STATE.--The terms "employ", "employee",
and "State" have the same meanings given such terms in subsections
(c), (e), and (g) of section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(c), (e), and (g)).
- EMPLOYER.--
- IN GENERAL.--The term "employer"
- means any person engaged in commerce or in any industry or
activity affecting commerce who employs 50 or more employees for
each working day during each of 20 or more calendar workweeks in
the current or preceding calendar year;
- includes--
- any person who acts, directly or indirectly, in the interest
of an employer to any of the employees of such employer; and
- any successor in interest of an employer; and
- includes any "public agency", as defined in section
3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)).
- PUBLIC AGENCY.--For purposes of subparagraph (A)(iii), a public
agency shall be considered to be a person engaged in commerce or in
an industry or activity affecting commerce.
- EMPLOYMENT BENEFITS.--The term "employment benefits"
means all benefits provided or made available to employees by an employer,
including group life insurance, health insurance, disability insurance,
sick leave, annual leave, educational benefits, and pensions, regardless
of whether such benefits are provided by a practice or written policy
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(3)).
- HEALTH CARE PROVIDER.--The term "health care provider"
means--
- a doctor of medicine or osteopathy who is authorized to practice
medicine or surgery (as appropriate) by the State in which the doctor
practices; or
- any other person determined by the Secretary to be capable of
providing health care services.
- PARENT.--The term "parent" means the biological parent
of an employee or an individual who stood in loco parentis to an employee
when the employee was a son or daughter.
- PERSON.--The term "person" has the same meaning given
such term in section 3(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(a)).
- REDUCED LEAVE SCHEDULE.--The term "reduced leave schedule"
means a leave schedule that reduces the usual number of hours per workweek,
or hours per workday, of an employee.
- SECRETARY.--The term "Secretary" means the Secretary
of Labor.
- SERIOUS
HEALTH CONDITION. The term "serious health condition"
means an illness, injury, impairment, or physical or mental condition
that involves
- inpatient care in a hospital, hospice, or residential medical
care facility; or
- continuing treatment by a health care provider.
- SON OR DAUGHTER.--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--
- under 18 years of age; or
- 18 years of age or older and incapable of self-care because
of a mental or physical disability.
- SPOUSE.--The term "spouse" means a husband or wife,
as the case may be.
SEC. 102. LEAVE REQUIREMENT.
- IN GENERAL.--
- ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible employee
shall be entitled to a total of 12 workweeks of leave during any 12-month
period for one or more of the following:
- Because of the birth of a son or daughter of the employee
and in order to care for such son or daughter.
- Because of the placement of a son or daughter with the employee
for adoption or foster care.
- In order to care for the spouse, or a son, daughter, or parent,
of the employee, if such spouse, son, daughter, or parent has a
serious health condition.
- Because of a serious health condition that makes the employee
unable to perform the functions of the position of such employee.
- EXPIRATION OF ENTITLEMENT.--The entitlement to leave under subparagraphs
(A) and (B) of paragraph (1) 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.
- LEAVE
TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE.
- IN GENERAL.--Leave under subparagraph (A) or (B) of subsection
(a)(1) shall not be taken by an employee intermittently or on a reduced
leave schedule unless the employee and the employer of the employee
agree otherwise. Subject to paragraph (2), subsection (e)(2), and
section 103(b)(5), leave under subparagraph (C) or (D) of subsection
(a)(1) may be taken intermittently or on a reduced leave schedule
when medically necessary. The taking of leave intermittently or on
a reduced leave schedule pursuant to this paragraph shall not result
in a reduction in the total amount of leave to which the employee
is entitled under subsection (a) beyond the amount of leave actually
taken.
- ALTERNATIVE
POSITION.-- If an employee requests intermittent leave, or leave
on a reduced leave schedule, under subparagraph (C) or (D) of subsection
(a)(1), that is foreseeable based on planned medical treatment, the
employer may require such employee to transfer temporarily to an available
alternative position offered by the employer for which the employee
is qualified and that--
- has equivalent pay and benefits; and
- better accommodates recurring periods of leave than the regular
employment position of the employee.
- UNPAID
LEAVE PERMITTED. -- Except as provided in subsection (d), leave
granted under subsection (a) may consist of unpaid leave. Where an employee
is otherwise exempt under regulations issued by the Secretary pursuant
to section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)), the compliance of an employer with this title by providing
unpaid leave shall not affect the exempt status of the employee under
such section.
- RELATIONSHIP
TO PAID LEAVE.--
- UNPAID LEAVE.--If an employer provides paid leave for fewer
than 12 workweeks, the additional weeks of leave necessary to attain
the 12 workweeks of leave required under this title may be provided
without compensation.
- SUBSTITUTION OF PAID LEAVE.--
- IN GENERAL.--An eligible employee may elect, or an employer
may require the employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the employee
for leave provided under subparagraph (A), (B), or (C) of subsection
(a)(1) for any part of the 12-week period of such leave under such
subsection.
- SERIOUS HEALTH CONDITION.--An eligible employee may elect,
or an employer may require the employee, to substitute any of the
accrued paid vacation leave, personal leave, or medical or sick
leave of the employee for leave provided under subparagraph (C)
or (D) of subsection (a)(1) for any part of the 12-week period of
such leave under such subsection, except that nothing in this title
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.
- (e) FORESEEABLE
LEAVE.--
- REQUIREMENT OF NOTICE.--In any case in which the necessity for
leave under subparagraph (A) or (B) of subsection (a)(1) is foreseeable
based on an expected birth or placement, the employee shall provide
the employer with not less than 30 days' notice, before the date the
leave is to begin, of the employee's intention to take leave under
such subparagraph, except that if the date of the birth or placement
requires leave to begin in less than 30 days, the employee shall provide
such notice as is practicable.
- DUTIES OF EMPLOYEE.--In any case in which the necessity for
leave under subparagraph (C) or (D) of subsection (a)(1) is foreseeable
based on planned medical treatment, the employee--
- shall make a reasonable effort to schedule the treatment so
as not to disrupt unduly the operations of the employer, subject
to the approval of the health care provider of the employee or the
health care provider of the son, daughter, spouse, or parent of
the employee, as appropriate; and
- shall provide the employer with not less than 30 days' notice,
before the date the leave is to begin, of the employee's intention
to take leave under such subparagraph, except that if the date of
the treatment requires leave to begin in less than 30 days, the
employee shall provide such notice as is practicable.
- 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--
- under subparagraph (A) or (B) of subsection (a)(1); or
- to care for a sick parent under subparagraph (C) of such subsection.
SEC. 103. CERTIFICATION.
- IN GENERAL.--An employer may require that a request for leave
under subparagraph (C) or (D) of section 102(a)(1) be supported by a
certification issued by the health care provider of the eligible employee
or of the son, daughter, spouse, or parent of the employee, as appropriate.
The employee shall provide, in a timely manner, a copy of such certification
to the employer.
- SUFFICIENT
CERTIFICATION.--Certification provided under subsection (a) shall
be sufficient if it states
- the date on which the serious health condition commenced;
- the probable duration of the condition;
- the appropriate medical facts within the knowledge of the health
care provider regarding the condition;
- (A) for purposes of leave under section 102(a)(1)(C), a statement
that the eligible employee is needed to care for the son, daughter,
spouse, or parent and an estimate of the amount of time that such
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 position
of the employee;
- in the case of certification for intermittent leave, or leave
on a reduced leave schedule, for planned medical treatment, the dates
on which such treatment is expected to be given and the duration of
such treatment;
- in the case of certification for intermittent leave, or leave
on a reduced leave schedule, under section 102(a)(1)(D), a statement
of the medical necessity for the intermittent leave or leave on a
reduced leave schedule, and the expected duration of the intermittent
leave or reduced leave schedule; and
- in the case of certification for intermittent leave, or leave
on a reduced leave schedule, under section 102(a)(1)(C), a statement
that the employee's intermittent leave or leave on a reduced leave
schedule is necessary for the care of the son, daughter, parent, or
spouse who has a serious health condition, or will assist in their
recovery, and the expected duration and schedule of the intermittent
leave or reduced leave schedule.
- SECOND OPINION.--
- IN GENERAL.--In any case in which the employer has reason to
doubt the validity of the certification provided under subsection
(a) for leave under subparagraph (C) or (D) of section 102(a)(1),
the employer may require, at the expense of the employer, 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 (b) for such leave.
- LIMITATION.--A health care provider designated or approved under
paragraph (1) shall not be employed on a regular basis by the employer.
- RESOLUTION OF CONFLICTING OPINIONS.--
- IN GENERAL.--In any case in which the second opinion described
in subsection (c) differs from the opinion in the original certification
provided under subsection (a), the employer may require, at the expense
of the employer, 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 (b).
- FINALITY.--The opinion of the third health care provider concerning
the information certified under subsection (b) shall be considered
to be final and shall be binding on the employer and the employee.
- SUBSEQUENT
RECERTIFICATION.--The employer may require that the eligible employee
obtain subsequent recertifications on a reasonable basis.
SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.
- RESTORATION TO POSITION.--
- IN GENERAL.--Except as provided in subsection (b), any eligible
employee who takes leave under section 102 for the intended purpose
of the leave shall be entitled, on return from such leave--
- to be restored by the employer to the position of employment
held by the employee when the leave commenced; or
- to be restored to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
- LOSS OF BENEFITS.--The taking of leave under section 102 shall
not result in the loss of any employment benefit accrued prior to
the date on which the leave commenced.
- LIMITATIONS.--Nothing in this section shall be construed to
entitle any restored employee to--
- the accrual of any seniority or employment benefits during
any period of leave; or
- 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.
- CERTIFICATION.--As a condition of restoration under paragraph
(1) for an employee who has taken leave under section 102(a)(1)(D),
the employer may have a uniformly applied practice or policy that
requires each such employee to receive certification from the health
care provider of the employee 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 such employees.
- CONSTRUCTION.--Nothing in this subsection shall be construed
to prohibit an employer from requiring an employee on leave under
section 102 to report periodically to the employer on the status and
intention of the employee to return to work.
- EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED EMPLOYEES.--
- DENIAL OF RESTORATION.--An employer may deny restoration under
subsection (a) to any eligible employee described in paragraph (2)
if--
- such denial is necessary to prevent substantial and grievous
economic injury to the operations of the employer;
- the employer notifies the employee of the intent of the employer
to deny restoration on such basis at the time the employer determines
that such injury would occur; and
- in any case in which the leave has commenced, the employee
elects not to return to employment after receiving such notice.
- AFFECTED EMPLOYEES.--An eligible employee described in paragraph
(1) 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.
- MAINTENANCE
OF HEALTH BENEFITS.--
- COVERAGE.--Except as provided in paragraph (2), during any period
that an eligible employee takes leave under section 102, the employer
shall maintain coverage under any "group health plan" (as
defined in section 5000(b)(1) 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 for the duration of such leave.
- FAILURE TO RETURN FROM LEAVE.--The employer may recover the
premium that the employer paid for maintaining coverage for the employee
under such group health plan during any period of unpaid leave under
section 102 if--
- the employee fails to return from leave under section 102
after the period of leave to which the employee is entitled has
expired; and
- the employee fails to return to work for a reason other than--
- (i) the continuation, recurrence, or onset of a serious health
condition that entitles the employee to leave under subparagraph
(C) or (D) of section 102(a)(1); or
- (ii) other circumstances beyond the control of the employee.
- CERTIFICATION.--
- ISSUANCE.--An employer may require that a claim that an employee
is unable to return to work because of the continuation, recurrence,
or onset of the serious health condition described in paragraph
(2)(B)(i) be supported by--
- (i) a certification issued by the health care provider of the
son, daughter, spouse, or parent of the employee, as appropriate,
in the case of an employee unable to return to work because of
a condition specified in section 102(a)(1)(C); or
- (ii) a certification issued by the health care provider of the
eligible employee, in the case of an employee unable to return
to work because of a condition specified in section 102(a)(1)(D).
- COPY.--The employee shall provide, in a timely manner, a copy of such certification to the employer.
- SUFFICIENCY OF CERTIFICATION.--
- (i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF EMPLOYEE.--The
certification described in subparagraph (A)(ii) shall be sufficient
if the certification states that a serious health condition prevented
the employee from being able to perform the functions of the position
of the employee on the date that the leave of the employee expired.
- (ii) LEAVE DUE TO SERIOUS HEALTH CONDITION OF FAMILY MEMBER.--The
certification described in subparagraph (A)(i) shall be sufficient
if the certification states that the employee is needed to care
for the son, daughter, spouse, or parent who has a serious health
condition on the date that the leave of the employee expired.
SEC. 105. PROHIBITED ACTS.
- INTERFERENCE WITH RIGHTS.--
- EXERCISE OF RIGHTS.--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.
- DISCRIMINATION.--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.
- 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--
- has filed any charge, or has instituted or caused to be instituted
any proceeding, under or related to this title;
- 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
- has testified, or is about to testify, in any inquiry or proceeding
relating to any right provided under this title.
SEC. 106. INVESTIGATIVE AUTHORITY.
- IN GENERAL.--To ensure compliance with the provisions of 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)).
- OBLIGATION
TO KEEP AND PRESERVE RECORDS.--Any employer shall make, keep, and
preserve records pertaining to compliance with this title in accordance
with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
211(c)) and in accordance with regulations issued by the Secretary.
- REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS.--The
Secretary shall 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 107(b).
- SUBPOENA POWERS.--For the purposes of any investigation provided
for in this section, the Secretary shall have the subpoena authority
provided for under section 9 of the Fair Labor Standards Act of 1938
SEC. 107. ENFORCEMENT.
CIVIL ACTION BY EMPLOYEES.
LIABILITY.--Any employer who violates section 105 shall be liable to any eligible employee affected
- for damages equal to
- the amount of any wages, salary, employment benefits, or other compensation
denied or lost to such employee by reason of the violation;
or in a case in which wages, salary, employment benefits,
or other compensation have not been denied or lost to the employee,
any actual monetary losses sustained by the employee as a direct
result of the violation, such as the cost of providing care,
up to a sum equal to 12 weeks of wages or salary for the employee;
- the interest on the amount described in clause (i) calculated at the prevailing rate; and
- an additional amount as liquidated damages equal to the
sum of the amount described in clause (i) and the interest described
in clause (ii), except that if an employer who has violated section
105 proves to the satisfaction of the court that the act or omission
which violated section 105 was in good faith and that the employer
had reasonable grounds for believing that the act or omission
was not a violation of section 105, such court may, in the discretion
of the court, reduce the amount of the liability to the amount
and interest determined under clauses (i) and (ii), respectively; and
- for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
RIGHT OF ACTION.--An action to recover the damages or equitable
relief prescribed in paragraph (1) may be maintained against any employer
(including a public agency) in any Federal or State court of competent
jurisdiction by any one or more employees for and in behalf of--
- the employees; or
- the employees and other employees similarly situated.
FEES AND COSTS.--The court in such an action shall, in addition
to any judgment awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of the action
to be paid by the defendant.
LIMITATIONS.--The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate--
- on the filing of a complaint by the Secretary in an action
under subsection (d) in which restraint is sought of any further
delay in the payment of the amount described in paragraph (1)(A)
to such employee by an employer responsible under paragraph (1)
for the payment; or
- on the filing of a complaint by the Secretary in an action
under subsection (b) in which a recovery is sought of the damages
described in paragraph (1)(A) owing to an eligible employee by an
employer liable under paragraph (1), unless the action described
in subparagraph (A) or (B) is dismissed without prejudice on motion
of the Secretary.
ACTION BY THE SECRETARY.--
- ADMINISTRATIVE ACTION.--The Secretary shall receive, investigate,
and attempt to resolve complaints of violations of section 105 in
the same manner that the Secretary receives, investigates, and attempts
to resolve complaints of violations of sections 6 and 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
- CIVIL ACTION.--The Secretary may bring an action in any court
of competent jurisdiction to recover the damages described in subsection
(a)(1)(A).
- SUMS RECOVERED.--Any sums recovered by the Secretary pursuant
to paragraph (2) shall be held in a special deposit account and shall
be paid, on order of the Secretary, directly to each employee affected.
Any such sums not paid to an employee because of inability to do so
within a period of 3 years shall be deposited into the Treasury of
the United States as miscellaneous receipts.
LIMITATION.--
- IN GENERAL.--Except as provided in paragraph (2), an action
may be brought under this section not later than 2 years after the
date of the last event constituting the alleged violation for which
the action is brought.
- WILLFUL VIOLATION.--In the case of such action brought for a
willful violation of section 105, such action may be brought within
3 years of the date of the last event constituting the alleged violation
for which such action is brought.
- COMMENCEMENT.--In determining when an action is commenced by
the Secretary under this section for the purposes of this subsection,
it shall be considered to be commenced on the date when the complaint
is filed.
ACTION FOR INJUNCTION BY SECRETARY.--The district courts of the
United States shall have jurisdiction, for cause shown, in an action
brought by the Secretary--
- to restrain violations of section 105, including the restraint
of any withholding of payment of wages, salary, employment benefits,
or other compensation, plus interest, found by the court to be due
to eligible employees; or
- to award such other equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
SOLICITOR OF LABOR.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this section.
SEC. 108. SPECIAL
RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL AGENCIES.
- APPLICATION.--
- IN GENERAL.--Except as otherwise provided in this section, the
rights (including the rights under section 104, which shall extend
throughout the period of leave of any employee under this section),
remedies, and procedures under this title shall apply to--
- 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 an eligible employee of the agency; and
- any private elementary or secondary school and an eligible
employee of the school.
- DEFINITIONS.--For purposes of the application described in paragraph
(1):
- (A) ELIGIBLE EMPLOYEE.--The term "eligible employee"
means an eligible employee of an agency or school described in paragraph
(1).
- (B) EMPLOYER.--The term "employer" means an agency or
school described in paragraph (1).
- LEAVE DOES NOT VIOLATE CERTAIN OTHER FEDERAL LAWS.-- A local educational
agency and a private elementary or secondary school shall not be in
violation of the Individuals with Disabilities Education 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 the rights of such employee under this title.
- INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR INSTRUCTIONAL
EMPLOYEES.--
- IN GENERAL.--Subject to paragraph (2), in any case in which
an eligible employee employed principally in an instructional capacity
by any such educational agency or school requests leave under subparagraph
(C) or (D) of section 102(a)(1) that is foreseeable based on planned
medical treatment 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 that
such employee elect either--
- to take leave for periods of a particular duration, not to
exceed the duration of the planned medical treatment; or
- to transfer temporarily to an available alternative position
offered by the employer for which the employee is qualified, and
that--
- has equivalent pay and benefits; and
- better accommodates recurring periods of leave than the
regular employment position of the employee.
- APPLICATION.--The elections described in subparagraphs (A) and
(B) of paragraph (1) shall apply only with respect to an eligible
employee who complies with section 102(e)(2).
- 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 eligible
employee employed principally in an instructional capacity by any such
educational agency or school:
- LEAVE MORE THAN 5 WEEKS PRIOR TO END OF TERM.--If the eligible
employee begins leave under section 102 more than 5 weeks prior to
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--
- the leave is of at least 3 weeks duration; and
- the return to employment would occur during the 3-week period
before the end of such term.
- LEAVE LESS THAN 5 WEEKS PRIOR TO END OF TERM.--If the eligible
employee begins leave under subparagraph (A), (B), or (C) of section
102(a)(1) during the period that commences 5 weeks prior to 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--
- the leave is of greater than 2 weeks duration; and
- the return to employment would occur during the 2-week period
before the end of such term.
- LEAVE LESS THAN 3 WEEKS PRIOR TO END OF TERM.--If the eligible
employee begins leave under subparagraph (A), (B), or (C) of section
102(a)(1) during the period that commences 3 weeks prior to 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.
- RESTORATION TO EQUIVALENT EMPLOYMENT POSITION.--For purposes of
determinations under section 104(a)(1)(B) (relating to the restoration
of an eligible employee to an equivalent position), in the case of a
local educational agency or a private elementary or 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.
- REDUCTION OF THE AMOUNT OF LIABILITY.--If a local educational
agency or a private elementary or secondary school that has violated
this title proves to the satisfaction of the court that the agency,
school, or department had reasonable grounds for believing that the
underlying act or omission was not a violation of this title, such court
may, in the discretion of the court, reduce the amount of the liability
provided for under section 107(a)(1)(A) to the amount and interest determined
under clauses (i) and (ii), respectively, of such section.
SEC. 109. NOTICE.
- IN GENERAL.--Each employer shall post and keep posted, in conspicuous
places on the premises of the employer 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.
- PENALTY.--Any employer that willfully violates this section may
be assessed a civil money penalty not to exceed $100 for each separate
offense.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
SEC. 201. LEAVE REQUIREMENT.
(a) CIVIL SERVICE EMPLOYEES.--
IN GENERAL.--Chapter 63 of title 5, United States Code, is amended by adding at the end the following new subchapter:
SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
"6381. Definitions
For the purpose of this subchapter--
- "the term 'employee' means any individual who--
- " is an 'employee', as defined by section 6301(2), including
any individual employed in a position referred to in clause (v)
or (ix) of section 6301(2), but excluding any individual employed
by the government of the District of Columbia and any individual
employed on a temporary or intermittent basis; and
- " has completed at least 12 months of service as an
employee (within the meaning of subparagraph (A));
- " the term 'health care provider' means--
- " a doctor of medicine or osteopathy who is authorized
to practice medicine or surgery (as appropriate) by the State
in which the doctor practices; and
- " any other person determined by the Director of the
Office of Personnel Management to be capable of providing health
care services;
- " the term 'parent' means the biological parent of an
employee or an individual who stood in loco parentis to an employee
when the employee was a son or daughter;
- " the term 'reduced leave schedule' means a leave schedule
that reduces the usual number of hours per workweek, or hours per
workday, of an employee;
- " the term 'serious health condition' means an illness,
injury, impairment, or physical or mental condition that involves--
- " inpatient care in a hospital, hospice, or residential
medical care facility; or
- " continuing treatment by a health care provider; and
- " 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--
- " under 18 years of age; or
- " 18 years of age or older and incapable of self-care
because of a mental or physical disability.
"6382. Leave requirement
(a)(1) Subject to section 6383, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following:
- " Because of the birth of a son or daughter of the employee
and in order to care for such son or daughter.
- " Because of the placement of a son or daughter with
the employee for adoption or foster care.
- " In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
- " Because of a serious health condition that makes the
employee unable to perform the functions of the employee's position.
"(2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the 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.
"(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an employee intermittently or on
a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. Subject to paragraph (2),
subsection (e)(2), and section 6383(b)(5), leave under subparagraph
(C) or (D) of subsection (a)(1) may be taken intermittently or on a reduced leave schedule when medically necessary. In the case
of an employee who takes leave intermittently or on a reduced
leave schedule pursuant to this paragraph, any hours of leave
so taken by such employee shall be subtracted from the total amount
of leave remaining available to such employee under subsection
(a), for purposes of the 12-month period involved, on an hour-for-hour
basis.
"(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of
subsection (a)(1); that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer
temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that--
- "has equivalent pay and benefits; and
- " better accommodates recurring periods of leave than
the regular employment position of the employee.
- " Except as provided in subsection (d), leave granted
under subsection (a) shall be leave without pay.
- " An employee may elect to substitute for leave under
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of
the employee's accrued or accumulated annual or sick leave under
subchapter I for any part of the 12-week period of leave under
such subsection, except that nothing in this subchapter shall
require an employing agency to provide paid sick leave in any
situation in which such employing agency would not normally provide
any such paid leave.
- "(1) In any case in which the necessity for leave under
subparagraph (A) or (B) of subsection (a)(1) is foreseeable based
on an expected birth or placement, the employee shall provide
the employing agency with not less than 30 days' notice, before
the date the leave is to begin, of the employee's intention to
take leave under such subparagraph, except that if the date of
the birth or placement requires leave to begin in less than 30
days, the employee shall provide such notice as is practicable.
"(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) is foreseeable based
on planned medical treatment, the employee--
- " shall make a reasonable effort to schedule the treatment
so as not to disrupt unduly the operations of the employing agency,
subject to the approval of the health care provider of the employee
or the health care provider of the son, daughter, spouse, or parent
of the employee, as appropriate; and
- " shall provide the employing agency with not less than
30 days' notice, before the date the leave is to begin, of the
employee's intention to take leave under such subparagraph, except
that if the date of the treatment requires leave to begin in less
than 30 days, the employee shall provide such notice as is practicable.
"6383. Certification
"(a) An employing agency may require that a request for
leave under subparagraph (C) or (D) of section 6382(a)(1) be supported
by certification issued by the health care provider of the employee
or of the son, daughter, spouse, or parent of the employee, as
appropriate. The employee shall provide, in a timely manner, a
copy of such certification to the employing agency.
"(b) A certification provided under subsection (a) shall be sufficient if it states--
- " the date on which the serious health condition commenced;
- " the probable duration of the condition;
- " the appropriate medical facts within the knowledge
of the health care provider regarding the condition;
- "(A) for purposes of leave under section 6382(a)(1)(C),
a statement that the employee is needed to care for the son, daughter,
spouse, or parent, and an estimate of the amount of time that
such employee is needed to care for such son, daughter, spouse,
or parent; and
"(B) for purposes of leave under section 6382(a)(1)(D),
a statement that the employee is unable to perform the functions
of the position of the employee; and
- " in the case of certification for intermittent leave,
or leave on a reduced leave schedule, for planned medical treatment,
the dates on which such treatment is expected to be given and
the duration of such treatment.
"(c)(1) In any case in which the employing agency has reason
to doubt the validity of the certification provided under subsection
(a) for leave under subparagraph (C) or (D) of section 6382(a)(1),
the employing agency may require, at the expense of the agency,
that the employee obtain the opinion of a second health care provider
designated or approved by the employing agency concerning any
information certified under subsection (b) for such leave.
"(2) Any health care provider designated or approved under
paragraph (1) shall not be employed on a regular basis by the
employing agency.
"(d)(1) In any case in which the second opinion described
in subsection (c) differs from the original certification provided
under subsection (a), the employing agency may require, at the
expense of the agency, that the employee obtain the opinion of
a third health care provider designated or approved jointly by
the employing agency and the employee concerning the information
certified under subsection (b).
"(2) The opinion of the third health care provider concerning
the information certified under subsection (b) shall be considered
to be final and shall be binding on the employing agency and the
employee.
"(e) The employing agency may require, at the expense of the agency, that the employee obtain subsequent recertifications on a reasonable basis.
"6384. Employment and benefits protection
" Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return
from such leave--
- " to be restored by the employing agency to the position
held by the employee when the leave commenced; or
- " to be restored to an equivalent position with equivalent
benefits, pay, status, and other terms and conditions of employment.
" The taking of leave under section 6382 shall not result
in the loss of any employment benefit accrued prior to the date
on which the leave commenced.
" Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to--
- " the accrual of any employment benefits during any
period of leave; or
- " 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.
" As a condition to restoration under subsection (a)
for an employee who takes leave under section 6382(a)(1)(D), the
employing agency may have a uniformly applied practice or policy
that requires each such employee to receive certification from
the health care provider of the employee that the employee is
able to resume work.
" Nothing in this section shall be construed to prohibit
an employing agency from requiring an employee on leave under
section 6382 to report periodically to the employing agency on
the status and intention of the employee to return to work.
"6385. Prohibition of coercion
"(a) An employee shall not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce,
any other employee for the purpose of interfering with the exercise
of any rights which such other employee may have under this subchapter.
"(b) For the purpose of this section--
- " the term "intimidate, threaten, or coerce' includes
promising to confer or conferring any benefit (such as appointment,
promotion, or compensation), or taking or threatening to take
any reprisal (such as deprivation of appointment, promotion, or
compensation); and
- " the term 'employee' means any 'employee', as defined
by section 2105.
"6386. Health insurance
"An employee enrolled in a health benefits plan under chapter
89 who is placed in a leave status under section 6382 may elect
to continue the health benefits enrollment of the employee while
in such leave status and arrange to pay currently into the Employees
Health Benefits Fund (described in section 8909), the appropriate
employee contributions.
"6387. Regulations
"The Office of Personnel Management shall prescribe regulations
necessary for the administration of this subchapter. The regulations
prescribed under this subchapter shall, to the extent appropriate,
be consistent with the regulations prescribed by the Secretary
of Labor to carry out title I of the Family and Medical Leave
Act of 1993.".
TABLE OF CONTENTS.--The table of contents for chapter 63 of title 5, United States Code, is amended by adding at the end the following:
- "SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
- "6381. Definitions.
- "6382. Leave requirement.
- "6383. Certification.
- "6384. Employment and benefits protection.
- "6385. Prohibition of coercion.
- "6386. Health insurance.
- "6387. Regulations.".
EMPLOYEES PAID FROM NONAPPROPRIATED FUNDS.--Section 2105(c)(1) of title 5, United States Code, is amended--
- by striking "or" at the end of subparagraph (C);
and
- by adding at the end the following new subparagraph:
"(E) subchapter V of chapter 63, which shall be applied so as to construe references to benefit programs to refer to applicable
programs for employees paid from nonappropriated funds; or".
TITLE III--COMMISSION ON LEAVE
SEC. 301. ESTABLISHMENT.
There is established a commission to be known as the Commission on Leave (referred to in this title as the "Commission").
SEC. 302. DUTIES.
The Commission shall--
- conduct a comprehensive study of--
- existing and proposed mandatory and voluntary policies relating
to family and temporary medical leave, including policies provided
by employers not covered under this Act;
- the potential costs, benefits, and impact on productivity,
job creation and business growth of such policies on employers and
employees;
- possible differences in costs, benefits, and impact on productivity,
job creation and business growth of such policies on employers based
on business type and size;
- the impact of family and medical leave policies on the availability
of employee benefits provided by employers, including employers
not covered under this Act;
- alternate and equivalent State enforcement of title I with
respect to employees described in section 108(a);
- methods used by employers to reduce administrative costs of
implementing family and medical leave policies;
- the ability of the employers to recover, under section 104(c)(2),
the premiums described in such section; and
- the impact on employers and employees of policies that provide
temporary wage replacement during periods of family and medical
leave.
- not later than 2 years after the date on which the Commission
first meets, prepare and submit, to the appropriate Committees of
Congress, a report concerning the subjects listed in paragraph (1).
SEC. 303. MEMBERSHIP.
COMPOSITION.--
APPOINTMENTS.--The Commission shall be composed of 12 voting members and 4 ex officio members to be appointed not later than 60 days after the date of the enactment of this Act as follows:
SENATORS.--One Senator shall be appointed by the Majority Leader of the Senate, and one Senator shall be appointed by the Minority
Leader of the Senate.
MEMBERS OF HOUSE OF REPRESENTATIVES.--One Member of the House
of Representatives shall be appointed by the Speaker of the House
of Representatives, and one Member of the House of Representatives
shall be appointed by the Minority Leader of the House of Representatives.
ADDITIONAL MEMBERS.--
- APPOINTMENT.--Two members each shall be appointed by
- the Speaker of the House of Representatives;
- the Majority Leader of the Senate;
- the Minority Leader of the House of Representatives;
and
- the Minority Leader of the Senate.
- EXPERTISE.--Such members shall be appointed by virtue of
demonstrated expertise in relevant family, temporary disability,
and labor management issues. Such members shall include representatives
of employers, including employers from large businesses and from
small businesses.
EX OFFICIO MEMBERS.--The Secretary of Health and Human Services,
the Secretary of Labor, the Secretary of Commerce, and the Administrator
of the Small Business Administration shall serve on the Commission
as nonvoting ex officio members.
VACANCIES.--Any vacancy on the Commission shall be filled in
the manner in which the original appointment was made. The vacancy
shall not affect the power of the remaining members to execute the
duties of the Commission.
CHAIRPERSON AND VICE CHAIRPERSON.--The Commission shall elect
a chairperson and a vice chairperson from among the members of the
Commission.
QUORUM.--Eight members of the Commission shall constitute a
quorum for all purposes, except that a lesser number may constitute
a quorum for the purpose of holding hearings.
SEC. 304. COMPENSATION.
- PAY.--Members of the Commission shall serve without compensation.
- TRAVEL EXPENSES.--Members of the Commission shall be allowed
reasonable travel expenses, including a per diem allowance, in accordance
with section 5703 of title 5, United States Code, when performing
duties of the Commission.
SEC. 305. POWERS.
- MEETINGS.--The Commission shall first meet not later than 30
days after the date on which all members are appointed, and the Commission
shall meet thereafter on the call of the chairperson or a majority
of the members.
- HEARINGS AND SESSIONS.--The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The Commission
may administer oaths or affirmations to witnesses appearing before
it.
- ACCESS TO INFORMATION.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry out
this title, if the information may be disclosed under section 552
of title 5, United States Code. Subject to the previous sentence,
on the request of the chairperson or vice chairperson of the Commission,
the head of such agency shall furnish such information to the Commission.
- USE OF FACILITIES AND SERVICES.--Upon the request of the Commission,
the head of any Federal agency may make available to the Commission
any of the facilities and services of such agency.
- PERSONNEL FROM OTHER AGENCIES.--On the request of the Commission,
the head of any Federal agency may detail any of the personnel of
such agency to serve as an Executive Director of the Commission or
assist the Commission in carrying out the duties of the Commission.
Any detail shall not interrupt or otherwise affect the civil service
status or privileges of the Federal employee.
- VOLUNTARY SERVICE.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Commission may accept for
the Commission voluntary services provided by a member of the Commission.
SEC. 306. TERMINATION.
- The Commission shall terminate 30 days after the date of the submission
of the report of the Commission to Congress.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EFFECT ON OTHER LAWS.
- FEDERAL
AND STATE ANTIDISCRIMINATION LAWS.--Nothing in this Act or any amendment
made by this Act shall be construed to modify or affect any Federal
or State law prohibiting discrimination on the basis of race, religion,
color, national origin, sex, age, or disability.
- STATE
AND LOCAL LAWS.--Nothing in this Act or any amendment made by this
Act shall be construed to supersede any provision of any State or local
law that provides greater family or medical leave rights than the rights
established under this Act or any amendment made by this Act.
SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
- MORE PROTECTIVE.--Nothing in this Act or any amendment made by
this Act shall be construed to diminish the obligation of an employer
to comply with any collective bargaining agreement or any employment
benefit program or plan that provides greater family or medical leave
rights to employees than the rights established under this Act or any
amendment made by this Act.
- LESS PROTECTIVE.--The rights established for employees under this
Act or any amendment made by this Act shall not be diminished by any
collective bargaining agreement or any employment benefit program or
plan.
SEC. 403. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act or any amendment made by this Act shall be construed
to discourage employers from adopting or retaining leave policies more
generous than any policies that comply with the requirements under this
Act or any amendment made by this Act.
SEC. 404. REGULATIONS.
The Secretary of Labor shall prescribe such regulations as are necessary
to carry out title I and this title not later than 120 days after the
date of the enactment of this Act.
SEC. 405. EFFECTIVE DATES.
TITLE III.--Title III shall take effect on the date of the enactment of this Act.
OTHER TITLES.--
- IN GENERAL.--Except as provided in paragraph (2), titles I, II,
and V and this title shall take effect 6 months after the date of the
enactment of this Act.
- COLLECTIVE BARGAINING AGREEMENTS.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by paragraph
(1), title I shall apply on the earlier of
- the date of the termination of such agreement; or
- the date that occurs 12 months after the date of the enactment
of this Act.
TITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES
SEC. 501. LEAVE FOR CERTAIN SENATE EMPLOYEES.
COVERAGE.--The rights and protections established under sections
101 through 105 shall apply with respect to a Senate employee and an
employing office. For purposes of such application, the term "eligible
employee" means a Senate employee and the term "employer"
means an employing office.
CONSIDERATION OF ALLEGATIONS.
- APPLICABLE PROVISIONS.--The provisions of sections 304 through
313 of the Government Employee Rights Act of 1991 (2 U.S.C. 1204-1213)
shall, except as provided in subsections (d) and (e)--
- apply with respect to an allegation of a violation of a provision
of sections 101 through 105, with respect to Senate employment of
a Senate employee; and
- apply to such an allegation in the same manner and to the
same extent as such sections of the Government Employee Rights Act
of 1991 apply with respect to an allegation of a violation under
such Act.
- ENTITY.--Such an allegation shall be addressed by the Office
of Senate Fair Employment Practices or such other entity as the Senate
may designate.
RIGHTS OF EMPLOYEES.--The Office of Senate Fair Employment Practices
shall ensure that Senate employees are informed of their rights under
sections 101 through 105.
LIMITATIONS.--A request for counseling under section 305 of such
Act by a Senate employee alleging a violation of a provision of sections
101 through 105 shall be made not later than 2 years after the date
of the last event constituting the alleged violation for which the counseling
is requested, or not later than 3 years after such date in the case
of a willful violation of section 105.
APPLICABLE REMEDIES.--The remedies applicable to individuals who
demonstrate a violation of a provision of sections 101 through 105 shall
be such remedies as would be appropriate if awarded under paragraph
(1) or (3) of section 107(a).
EXERCISE OF RULEMAKING POWER.--The provisions of subsections (b),
(c), (d), and (e), except as such subsections apply with respect to
section 309 of the Government Employee Rights Act of 1991 (2 U.S.C.
1209), are enacted by the Senate as an exercise of the rulemaking power
of the Senate, with full recognition of the right of the Senate to change
its rules, in the same manner, and to the same extent, as in the case
of any other rule of the Senate. No Senate employee may commence a judicial
proceeding with respect to an allegation described in subsection (b)(1),
except as provided in this section.
SEVERABILITY.--Notwithstanding any other provision of law, if
any provision of section 309 of the Government Employee Rights Act of
1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as it applies
such section 309 to an allegation described in subsection (b)(1)(A),
is invalidated, both such section 309, and subsection (b)(1) insofar
as it applies such section 309 to such an allegation, shall have no
force and effect, and shall be considered to be invalidated for purposes
of section 322 of such Act (2 U.S.C. 1221).
DEFINITIONS.--As used in this section:
- EMPLOYING OFFICE.--The term "employing office" means
the office with the final authority described in section 301(2) of
such Act (2 U.S.C. 1201(2)).
- SENATE EMPLOYEE.--The term "Senate employee" means
an employee described in subparagraph (A) or (B) of section 301(c)(1)
of such Act (2 U.S.C. 1201(c)(1)) who has been employed for at least
12 months on other than a temporary or intermittent basis by any employing
office.
SEC. 502. LEAVE FOR CERTAIN HOUSE EMPLOYEES.
- IN GENERAL.--The rights and protections under sections 102 through
105 (other than section 104(b)) shall apply to any employee in an employment
position and any employing authority of the House of Representatives.
- ADMINISTRATION.--In the administration of this section, the remedies
and procedures under the Fair Employment Practices Resolution shall
be applied.
- DEFINITION.--As used in this section, the term "Fair Employment
Practices Resolution" means rule LI of the Rules of the House of
Representatives.
TITLE VI--SENSE OF CONGRESS
SEC. 601. SENSE OF CONGRESS.
- It is the sense of the Congress that:
- The Secretary of Defense shall conduct a comprehensive review
of current departmental policy with respect to the service of homosexuals
in the Armed Forces;
- Such review shall include the basis for the current policy of
mandatory separation; the rights of all service men and women, and
the effects of any change in such policy on morale, discipline, and
military effectiveness;
- The Secretary shall report the results of such review and consultations
and his recommendations to the President and to the Congress no later
than July 15, 1993;
- The Senate Committee on Armed Services shall conduct (i) comprehensive
hearings on the current military policy with respect to the service
of homosexuals in the military services; and (ii) shall conduct oversight
hearings on the Secretary's recommendations as such are reported.
Approved February 5, 1993.
LEGISLATIVE HISTORY--H.R. 1(S. 5):
HOUSE REPORTS: No. 103-8, Pt. 1 (Comm. on Education and Labor) and
Pt. 2 (Comm. on Post Office and Civil Service).
SENATE REPORTS: No. 103-3 accompanying S. 5 (Comm. on Labor and Human
Resources).
CONGRESSIONAL RECORD, Vol. 139 (1993):
- Feb. 2, S. 5 considered in Senate.
- Feb. 3, considered in Senate; H.R. 1 considered and passed House.
- Feb. 4, H.R. 1 considered and passed Senate, amended, in lieu of
S. 5. House concurred in Senate amendment.
- WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993):
- Feb. 5, Presidential remarks and statement.
