Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 : DATE TRANSMITTAL SLIP wo NR CH TO: DDA ROOM NO. BUILDING D o2Y A, - "= x0 | ddA COA an, AonpA a . PG Exo zo C8., D/oms 7 “pr FROM: LEG/OCA 73 1o G. FORMNO.... —_- REPLACES FORM 36-8 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 CCA 86-0857 20 March 1986 MEMORANDUM FOP: DDA p/Pers DD/OP/PA&E C/-LD/OGC STAT FROM: SA/LD/OCA SURJFCT: Parental and Medical Leave Act of 1986 (H.R. 4300)/ Parental and Disability Leave Act of 19&5 (H.R. 2020) l. Attached for your review and comment are two similar pieces of legislation now before Fouse committees. Both bills would entitle federal employees to parental leave in cases involving the birth, adoption, or serious illness of a child. Furthermore, H.R. 4300 and E.R. 2020 would also provide for temporary cisability leave in cases due to non-occupational medical reasons, with adequate protection of employees' employment and benefit rights. 2. Title II of H.R. 4300 applies exclusively to federal employees, including the Agency, allowing 18 administrative workweeks of leave for parental purposes. This period would be classified as leave without pay and would be in addition to accumulated annual and sick leave (See section €3232). Non-occupational medical leave would be for 26 workweeks (See section 6333). Persons taking advantage of such entitlement would be given job protection and have the opportunity to elect continuation of health’benefits, if paid for by the employee (See sections 6354, 6336). Finally, a commission would be established to study "paid" parental and medical leave. "hile the Commission is to have access to information from federal agencies - section 305(c) - it hag no Subpoena power, nor does it appear that such access power can supercede basic Agency authorities to protect classified information. 3. While providing the same fundamental entitlements and protections for disability and parental leave, E.R. 2020 is cast in somewhat different language and has a much more elaborate enforcement and investicative scheme (See sections Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 107, ané 108). Also, H.R. 2020 establishes a commission to study paid parental and disability leave. Access to governmental information by the commission is accorded under section 202(c), however agencies shall furnish information "only to the extent permitted by law." This caveat will enable the Acency to protect classified information. In any event, information and statistics concerning parental and cisahbility leave practices may be unclassified or packaged in such a way as to be helpful to the commission without breaching confidentiality. 4. Poth H.R. 4300 and E.R. 2020 have been introduced by Subcommittee Chairman, having direct subject matter jurisdiction. fubcommittee staff informs us that hearings on these bills are tentatively scheduled for late April, with a markup in May and possible Fouse floor consideration in June. There is no companion legislation in the Senate, 5. So that we c rec when these bills become active, please phone or provide written comment by STAT 10 April 1986. STAT Attachment: as stated Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 99TH CONGRESS same HR. 2020 To require that employees be allowed parental leave in cases involving the birth, adoption, or serious illness of a child and temporary disability leave in cases involving inability to work due to nonoccupational medical reasons, with adequate protection of the employees’ employment and benefit rights; and to authorize a study to determine ways of providing salary replacement for employees who take parental and disability leaves. IN THE HOUSE OF REPRESENTATIVES APRIL 4, 1985 Mrs. SCHROEDER introduced the following bill; which was referred jointly to the Committees on Education and Labor and Post Office and Civil Service SEPTEMBER 23, 1985 Additional sponsors: Mrs. Boxer, Mrs. KENNELLY, Mrs. COLLINS, Ms. OAKAR, Mrs. Burton of California, Mr. BERMAN, Mr. Conyers, Mr. GREEN, Mr. Hayes, Mr. Leuman of Florida, Mr. Dettums, Mr. ACKERMAN, Mr. SavaceE, Mr. Mitcue, Mr. Foauretta, Mr. Mrazex, Mr. RANGEL, Mr. Morrison of Connecticut, Mr. Smrru of Florida, Mr. Weiss, Mr. Fazio, Mr. Martinez, Mr. Yates, Mr. Cuay, Mr. Kiupre, Mr. Wirt, Mr. Minter of California, Mr. Dymanuy, Mr. Mineta, Mr. Owens, Mr. Towns, Mr. Fuster, Mr. Wore, Mr. Fisu, and Mr. CRocKETT FEBRUARY 5, 1986 Additional sponsors: Mr. WHEAT, Mr. Gonzauez, Mr. SuNIA, Mr. SEIBERLING, Mr. Dixon, Mr. Smitu of New Jersey, Mr. GeEsDENSON, Mr. Ropino, and Mr. Evans of Illinois A BILL To require that employees be allowed parental leave in cases involving the birth, adoption, or serious illness of a child and temporary disability leave in cases involving inability to work due to nonoccupational medical reasons, with ade- Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 2 quate protection of the employees’ employment and benefit rights; and to authorize a study to determine ways of providing salary replacement for employees who take paren- tal and disability leaves. 1 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 2 3 4 (a) SHorT T1TLE.—This Act may be cited as the ‘“Pa- 5 rental and Disability Leave Act of 1985”. 6 (b) TABLE OF CONTENTS.— Sec. 1. Short title and table of contents. TITLE I—GENERAL REQUIREMENTS FOR PARENTAL AND DISABILITY LEAVE Sec. 101. Definitions. Sec. 102. Temporary disability leave requirement. Sec. 103. Parental leave requirement. Sec. 104. Employment and benefits protection. Sec. 105. Reduced leave schedules. Sec. 106. Prohibition against retaliation. Sec. 107. Enforcement. Sec. 108. Investigative authority. Sec. 109. Regulations. Sec. 110. Authorization of appropriations. Sec. 111. Effect on other laws. Sec. 112. Effect on existing employment benefits. Sec. 113. Effective date. TITLE II—COMMISSION TO RECOMMEND MEANS TO PROVIDE SALARY REPLACEMENT FOR EMPLOYEES TAKING PARENTAL AND DISABILITY LEAVES Sec. 201. Establishment and composition of Commission. Sec. 202. Powers and duties of Commission. Sec. 203. Administrative provisions. Sec. 204. Compensation of members. Sec. 205. Reports and termination of the Commission. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 3 1 TITLE I—GENERAL REQUIRE- 2 MENTS FOR PARENTAL AND 3 DISABILITY LEAVE 4 SEC. 101. DEFINITIONS. 5 For purposes of this title: 6 (1) EmpLoy.—The term “employ” includes to 7 suffer or permit to work, and includes ongoing contrac- 8 tual relationships in which the employer retains sub- 9 stantial direct or indirect control over the employee’s 10 employment opportunities or terms and conditions of 11 employment. 12 (2) EMPLOYEE.—The term “employee” means 13 any individual who is employed by an employer on a 14 full-time or regular part-time basis. 15 (3) EmpLoyer.—The term “employer” means 16 any person engaged in commerce or in any industry or 17 activity affecting commerce who acts directly or indi- 18 rectly in the interest of an employer to one or more 19 employees, and any agent or successor in interest of 20 such a person. 21 (4) Person.—The term ‘‘person’’ includes one or 22 more individuals, governments, public agencies, politi- 23 cal subdivisions, labor unions, joint labor-management 24 committees, partnerships, jot ventures, corporations, 25 legal representatives, mutual companies, joint-stock HR 2020 S(2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 4 1 companies, trusts, trustees in bankruptcy, or receivers, 2 estates, unincorporated organizations, associations, or 3 employee organizations. 4 (5) PusLic AGENcy.—The term “public agency” 5 means (A) the Government of the United States; the 6 government of a State or political subdivision thereof; 7 any agency of the United States that employs employ- 8 ees regardless of whether or how they are classified 9 under the civil service provisions of title 5 of the 10 United States Code, including any executive or legisla- 11 tive agency, the Public Health Service, any unit of the 12 legislative or judicial branches, any military depart- 13 ment, a corporation wholly or partially owned by the 14 Government of the United States, a nonappropriated 15 fund instrumentality whether under the jurisdiction of 16 the Armed Forces or otherwise, the United States 17 Postal Services, and the Postal Rate Commission; (B) 18 any agency of a State or of a political subdivision of a 19 State that employs employees regardless of whether or 20 how they are classified under the applicable civil serv- 21 ice law, including any executive or legislative agency 22 and any unit of the legislative or judicial branches; or 23 (C) any interstate governmental agency. Persons elect- 24 ed to public office in the government of the United 25 States or of any State or political subdivision thereof HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 5 1 and persons chosen by them as their immediate advi- 2 sors with respect to the exercise of the constitutional 3 or policymaking powers of their offices shall not be 4 considered employees of a public agency within the 9) meaning of this paragraph. 6 (6) State.—The term “State” includes any 7 State of the United States, the District of Columbia, 8 the Canal Zone, the Commonwealth of Puerto Rico, 9 the Virgin Islands, American Samoa, Guam, Wake 10 Island, and the Outer Continental Shelf lands defined 11 in the Outer Continental Shelf Lands Act. 12 (7) ComMMERCE.—The term “commerce’’ means 13 trade, traffic, commerce, transportation, transmission, 14 or communication (A) among the States, (B) between a 15 State and any place outside thereof, (C) within the 16 District of Columbia or a possession of the United 17 States, or (D) between points in the same State but 18 through a point outside thereof. 19 (8) INDUSTRY OR ACTIVITY AFFECTING COM- 20 MERCE.—The term “‘industry or activity affecting com- 21 merce” means any activity, business, or industry in 20 commerce or in which a labor dispute would hinder or 23 obstruct commerce or the free flow of commerce, and 24 includes any activity or industry “affecting commerce”’ 25 within the meaning of the Labor Management Rela- BR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 6 1 tions Act of 1947, or the Railway Labor Act and any 2 governmental industry, business, or activity. 3 (9) PARENTAL LEAVE.—The term “parental 4 leave’ means leave by reason of— 5 (A) the birth of a child of an employee; 6 (B) the placement of a child with an employ- 7 ee in connection with adoption of such child by 8 the employee; or 9 (C) the serious illness of a child of an 10 employee. 11 (10) TEMPORARY DISABILITY LEAVE.—The term 12 “temporary disability leave’ means leave by reason of 13 an employee’s inability to perform his or her job due to 14 nonoccupational medical reasons. 15 (11) EMPLOYMENT BENEFITS.—The term “‘em- 16 ployment benefits” means all benefits and policies pro- 17 vided or made available to employees by an employer, 18 and includes group insurance plan eligibility, health in- 19 surance, disability insurance, sick leave, annual leave, 20 educational benefits, and pensions. 21 (12) SEcRETARY.—The term “Secretary” means 22 the Secretary of Labor. 23 (13) REDUCED LEAVE SCHEDULE.—The term 24 “reduced leave schedule’ means leave scheduled for HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 7 bt fewer than 5 workdays per week or fewer than the employer’s usual number of hours per workday. (14) SERIOUS ILLNESS.—The term “serious ill- ness” means an illness, injury, or condition likely to require— (A) continuing medical treatment, or (B) confinement for at least one month. SEC. 102. TEMPORARY DISABILITY LEAVE REQUIREMENT. eo warn ao F&F WwW WD (a) GENERAL RuLE.—(1) Each employee shall be enti- pat jo) tled to disability leave of not fewer than 26 workweeks in —_ —_ any one calendar year. ae bo (2) Such leave need not be taken consecutively. —_ oo (b) UnpaIp LEAVE PERMITTED.—Except as provided pe iN in subsection (c), leave granted as required by subsection (a) — oO may consist of unpaid leave. —_ on) (c) INCREASES REQUIRED TO MEET Mintmums.—Any — ~] employer which provides temporary nonoccupational disabil- _ ie2) ity leave or benefits, or both, must provide such leave or — Me) benefits in such a manner that each employee is entitled to a bo ) minimum of 26 workweeks of disability leave in any one cal- bo —_— endar year. If the benefits provided are paid benefits for a bd bo period of less than 26 weeks, the additional weeks of leave NO i) which are added to meet the 26-week minimum may be bo aN unpaid. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 8 — (d) VERIFICATION REGULATIONS.—The Secretary shall promulgate regulations governing employer verification of employees’ eligibility for leave under this section; except that the same standards, procedures, or other requirements so imposed must apply to all temporary disabilities. SEC. 103. PARENTAL LEAVE REQUIREMENT. (a) GENERAL RuLE.—(1) Each employee shall be enti- tled to parental leave of not fewer than 18 workweeks in any oe oan nm oOo -_ CO Ww two years upon advance notice to his or her employer. —_ ) (2) Such leave need not be taken consecutively. — pt. (b) Unpaip LEAVE PERMITTED.—Except as provided —e bo in subsection (c), leave granted as required under subsection _ [eu (a) may consist of unpaid leave. eS te (c) INCREASES REQUIRED To MEET Mrntmums.—Any —_ or employer which provides parental leave or benefits, or both, — oP) must provide such leave or benefits in such a manner that _ -~] each employee is entitled to a minimum of 18 workweeks of — lee) parental leave in any two calendar years. If the benefits pro- —_ we) vided are paid benefits for a period of less than 18 weeks, the additional weeks of leave which are added to meet the 18- NB be me O&O week minimum may be unpaid. (d) VERIFICATION AND NoTIcE REGULATIONS.—The dS bo eo bd Secretary shall promulgate regulations governing (1) employ- bo nSG er verification of employees’ eligibility for leave under this HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 9 —_ section; and (2) the form, content, and timing requirements of the notice specified in subsection (a)(1). SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION. (a) RESTORATION TO PosiT1on.—Each employee who exercises his or her right to a leave under section 102 or 103 shall, upon expiration of such leave, be entitled to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position of like se- eo wm AN Dm oF F WD bd niority, status, employment benefits, pay, and other terms _ oO and conditions of employment. _— —_ (b) MAINTENANCE OF ExisTiING HEALTH BENE- —_— bo FITS.—During any leave taken under section 102 or 103, _— ao the employer shall maintain any existing health benefits of jt. is the employee for the duration of such leave as if he or she — Or continued in employment continuously from the time he or —_ jon) she commenced such leave until the time of his or her resto- = =~] ration to such employment pursuant to subsection (a) of this — CO section, regardless of whether continuation of such benefits —_ &© during employee leaves is otherwise provided. 1) cm) SEC. 105. REDUCED LEAVE SCHEDULES. bh _ Each employee shall be entitled, at his or her option and No NO subject to section 104, to take leave under section 102 or bo WS) 103 on a reduced leave schedule; except that the total time bo nNG period over which such reduced leave schedule is spread may not exceed 39 consecutive weeks. bo no) | HR 2020 SC——2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 10 1 SEC. 106. PROHIBITION AGAINST RETALIATION. (a) INTERFERENCE WITH RiIGHTS.—It shall be unlaw- ful for any person to discharge, fine, suspend, expel, disci- pline, or in any other manner discriminate against an individ- 2 3 4 5 ual for (1) exercising any right to which such individual is 6 entitled under the provisions of this title, (2) the purpose of 7 interferrmg with the attainment of any right to which such 8 participant may become entitled under this title, or (3) oppos- 9 ing any practice made unlawful by this title. 10 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR- 11 1es.—It shall be unlawful for any person to discharge, fine, 12 suspend, expel, discipline, or in any other manner discrimi- 13 nate against any individual because such individual has filed 14 any complaint or has instituted or caused to be instituted, or 15 is about to institute or cause to be instituted, any proceeding 16 under or related to this title, or has testified or is about to 17 testify in any inquiry or proceeding or has given or is about 18 to give any information connected to any inquiry or proceed- 19 ing relating to this title. 20 (c) PRooF oF RETALIATION.—Any negative material 21 change in the seniority, status, employment benefits, pay, or 22 other terms or conditions of the position of an employee who 23 has been restored to a position pursuant to section 104 that 24 occurs within one year of such restoration, or of the position 25 of an employee who has engaged in proceedings or inquiries 26 pursuant to subsection (b) of this section that occurs within HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 11 —e one year of the termination of such proceedings or inquiries, shall be presumed to be prohibited retaliation under this sec- tion. SEC. 107. ENFORCEMENT. (a) Rieut To Brine Civit Action.—A civil action may be brought in any district court of the United States, or any other United States court of a place subject to the juris- diction of the United States, without respect to the amount in eo Oo NH BD Oo Be wW ww controversy or to the citizenship of the parties, or in any _ i) State court of competent jurisdiction, by an employee or by — — the Secretary against any employer, to enforce the provisions — bo of this title; except that the Secretary may not bring an —_ eo action against any public agency. ry tS (b) JURISDICTION.—The district courts of the United — Or States shall have original jurisdiction of civil actions brought —_— oO under subsection (a), without regard to amount in con- —_ ~] troversy. _ GO (c) VENUE.—Where an action under subsection (a) is — we) brought in a district court of the United States or in a court i) i) of a place subject to the jurisdiction of the United States, it bo —_ may be brought in any judicial district in the State in which iw) NO the violation is alleged to have taken place, in the judicial bo ww district in which the employment records relevant to such bo uN violation are maintained and administered, or in the place in bo Or which the aggrieved person worked or would have worked HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 12 1 but for the alleged violation. If the employer is not found 2 within any such district or plan, such an action may be 3 brought within the judicial district in which the employer re- 4 sides or may be found. For purposes of sections 1404 and 5 1406 of title 28 of the United States Code, the judicial dis- 6 trict in which the employer resides or may be found shall in 7 all cases be considered a district in which the action might 8 have been brought. 9 (d) RELIEF.— 10 (1) EQUITABLE RELIEF.—In any action brought 11 under subsection (a), the court may enjoin any act or 12 practice which violates or may violate any provision of 13 this title, or order such other appropriate equitable 14 relief as is necessary and appropriate to redress such 15 violation or to enforce any provision of this title. 16 (2) Damaces.—Any employer which violates any 17 of the provisions of this title shall be liable to the em- 18 ployee or class of employees affected in an amount 19 equal to any wages, salary, employment benefits, or 20 other compensation determined by the court to have 21 been denied or lost to such employee or employees by 22 reason of the violation, plus interest on the total mone- 23 tary damages calculated at the prevailing rate, and in 24 an additional equal amount as liquidated damages. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 13 1 (3) PUNITIVE DAMAGES.—If, in the judgment of 2 the court, the violation of this title was deliberate, the 3 court shall award, in addition to monetary and liquidat- 4 ed damages, punitive damages equal to three times the 5 total amount of snonewey and liquidated damages. 6 (4) REASONABLE ATTORNEYS’ FEES AND 7 costs.—The court in any action under subsection 8 (a)(1) shall, in addition to any judgment awarded to the 9 plaintiff or class or plaintiffs, allow a reasonable attor- 10 ney’s fee to be paid by the defendant, and costs of the 11 action. The United States shall be liable for attorney’s 12 fees and costs the same as a private person. 13 (e) NOTIFICATION OF THE SECRETARY; RIGHTS TO 14 INTERVENE.—A copy of the complaint in any action under 15. subsection (a) shall be served upon the Secretary by certified 16 mail. The Secretary shall have the right in his or her discre- 17 tion to intervene in any action brought by an employee under 18 subsection (a). Any person aggrieved shall have the right to 19 intervene in a civil action brought by the Secretary under 20 subsection (a). 21 (f) LIMITATIONS.— 22 (1) STATUTE OF LIMITATIONS.—Actions brought 23 under subsection (a) must be commenced within three 24 years of the date of the violation. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 14 1 (2) PERIOD OF RECOVERY.—An action under sub- 2 section (a) for damages may be brought only with re- 3 spect to wages, salary, employment benefits, or other 4 compensation denied or lost to any employee for peri- 5 ods commencing within three years before the date on 6 which the action is brought. 7 (g) ATTORNEYS FOR THE SECRETARY.—In any civil 8 action under subsection (a), attorneys appointed by the Secre- 9 tary may appear for and represent the Secretary, except that 10 the Attorney General shall conduct all litigation to which the 11 Secretary is a party in the Supreme Court pursuant to this 12 title. 13 SEC. 108. INVESTIGATIVE AUTHORITY. 14 (a) In GENERAL.—To determine whether any person 15 has violated or is about to violate any provision of this title or 16 any regulation or order thereunder the Secretary may— 17 (1) make an investigation, and in connection 18 therewith require the submission of reports, books, and 19 records, and the filing of data in support of any infor- 20 mation required to be filed with the Secretary under 21 this title, and 22 (2) enter such places, inspect such books and 23 records, and question such persons as the Secretary 24 may deem necessary to enable the Secretary to deter- 25 mine the facts relative to such investigation, if the Sec- HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 15 — retary has reasonable cause to believe there may exist a violation of this title or any ile or regulation issued thereunder or if the entry is pursuant to an agreement with the employer. The Secretary may make available to any person actually affected by any matter which is the subject of an investiga- tion under this section, and to any department or agency of the United States, information concerning any matter which eo ma ND oO FSF WD wD may be the subject of such investigation. — on) (b) REQUIRED SUBMISSIONS GENERALLY LIMITED TO —_— — AN ANNUAL Basts.—The Secretary may not under the au- —_ bo thority of this section require any employer or any plan, fund, ay os) or program to submit to the Secretary any books or records —_ oe more than once in any 12-month period, unless the Secretary — or has reasonable cause to believe there may exist a violation of — or) this title or any regulation or order thereunder. paar =] (c) SUBPOENA Powers, Etc.—For the purposes of —_ OO any investigation provided for in this section, the provisions — Ne) of sections 9 and 10 (relating to the attendance of witnesses bo i) and the production of books, records, and documents) of the bo —_ Federal Trade Commission Act are hereby made applicable bo bo (without regard to any limitation in such sections respecting bo eo persons, partnerships, banks or common carriers) to the juris- ho ng diction, powers, and duties of the Secretary or any officers bD or designated by him or her. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 16 1 SEC. 109. REGULATIONS. 2 The Secretary may prescribe such regulations as he or 3 she finds necessary or appropriate to carry out this title. 4 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 5 There are authorized to be appropriated such sums as 6 may be necessary to enable the Secretary to carry out the 7 Secretary’s functions and duties under this title. 8 SEC. 111. EFFECT ON OTHER LAWS. 9 (a) FEDERAL Laws.— 10 (1) The requirements of this title may not be pro- 11 vided in any manner that discriminates on the basis of £2 race, religion, color, national origin, or sex, within the 13 meaning of title VII of the 1964 Civil Rights Act; on 14 the basis of age within the meaning of the Age Dis- 15 crimination in Employment Act; or on the basis of dis- 16 ability within the meaning of section 501, 503, or 504 17 of the Rehabilitation Act. 18 (b) State and LocaL Laws.—Nothing in this title 19 shall be construed to excuse noncompliance with, or to dimin- bo >) ish any rights or protections established under, any provision bo — of the law of any State or any political subdivision of a State bo bo which provides rights and protections which are greater than bo eo rights and protections established pursuant to this title. bo NSS SEC. 112. EFFECT ON EXISTING EMPLOYMENT BENEFITS. bd or Except as required by sections 102, 103, 104, and 105, 26 no provision of this title shall excuse noncompliance with any WR 979 SCP Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 17 — collective bargaining agreement or other employment benefit program or plan in effect on the date of enactment of this Act, nor justify any employer in reducing employment bene- fits provided by it which are in excess of those required by this title. SEC. 113. EFFECTIVE DATE. This title shall take effect six months after the date of the enactment of this Act. TITLE II—COMMISSION TO REC- OMMEND MEANS TO PROVIDE SALARY REPLACEMENT FOR EMPLOYEES TAKING PAREN- TAL AND DISABILITY LEAVES SEC. 201. ESTABLISHMENT AND COMPOSITION OF COMMIS- eo wont Dm oO FF WH wv a o fF WwW wo KF OC SION. — o> (a) ESTABLISHMENT.—There is established a commis- peed. ~] sion to be known as the Paid Parental and Disability Leave —_ io 8) Commission (hereinafter referred to as the ‘“‘Commission’’). —_ we) (b) Composition.—The Commission shall consist of bo ) twenty-one members as follows: bo —_ (1) five members of the Commission shall be ap- bS bo pointed by the majority leader of the Senate; bo ee) (2) five members of the Commission shall be ap- bo nN pointed by the Speaker of the House of Representa- bo Or tives; BR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 18 1 (3) five members of the Commission shall be ap- 2 pointed by the President of the United States, which 3 members shall include the Secretary of Health and 4 Human Services, the Secretary of Labor, and the 5 Chairperson of the Equal Employment Opportunity 6 Commission; and 7 (4) six members of the Commission shall be ap- 8 pointed jointly by the majority leader of the Senate and 9 the Speaker of the House of Representatives to ensure 10 a broad representation among the members of the 11 Commission of child advocacy, women’s rights, labor, 12 management, and academic interests. 13 (ec) QUALIFICATIONS.—The members of the Commis- — ws sion shall be individuals who possess the demonstrated capac- —_ on ities to discharge the duties imposed on the Commission. —_ or) (d) Removau.—The Speaker of the House of Repre- — ~] sentatives and the Majority Leader of the Senate jointly may — QO remove a member of the Commission only for neglect of duty or malfeasance in office. So — So © (e) VACANCIES.—Any vacancy in the Commission shall bo — not affect its powers, but shall be filled in the same manner in bo bo which the original appointment was made. (f) CHAIRPERSON AND VICE CHAIRPERSON.—The bo eo Commission shall elect a Chairperson and a Vice Chairper- bo wb Ooo son from among its members. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 19 1 (g) QuorUM.—Fifteen members of the Commission 2 shall constitute a quorum for the transaction of business, but 3 the Commission may establish a lesser number as a quorum 4 for the purpose of holding hearings, taking testimony, and 5 receiving evidence. 6 SEC. 202. POWERS AND DUTIES OF COMMISSION. 7 (a) FUNCTIONS OF THE ComMMISsSION.—The Commis- 8 sion shall— 9 (1) engage in a comprehensive study of existing 10 and proposed systems to provide workers with full or 11 partial salary replacement or other income protection 12 during periods of nonoccupational temporary disability 13 leave, parental leave, and dependent care leave, both 14 within the United States and in other countries or ter- 15 ritories; 16 (2) produce a comprehensive written study analyz- 17 ing the plans it has considered, with emphasis on their 18 suitability for implementation on a nation-wide level in 19 the United States, which study shall include the Com- 20 mission’s recommendations for implementation of a 21 system for salary replacement for all workers in the 22 United States during periods of nonoccupational tempo- 23 rary disability leave and parental leave; 24 (3) pursuant to the analyses and recommendations 25 of the study under paragraph (2), and within two years HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 20 _ of the effective date of this Act, propose legislation to Congress to implement such a system of salary re- placement for temporary nonoccupational disability leave; (4) pursuant to the analyses and recommendations of the study under paragraph (2), propose legislation to Congress to implement such a system of salary re- placement for parental leave. oOo wmonunym oo -&- WO WD (b) AUTHORITY TO ConpUcT HEARINGS.—The Com- — a) mission or, on the authorization of the Commission, any sub- —_ —_ committee thereof or any member authorized by the Commis- a bo sion may, for the purpose of carrying out this Act, hold such — oo hearings and sit and act at such times and places, take such — is testimony, have such printing and binding done, enter into — Or such contracts and other arrangements (with or without con- — jor) sideration or bond, to such extent or in such amounts as are _ ~] provided in appropriation Acts, and without regard to section — GO 3709 of the Revised Statutes (41 U.S.C. 5)), make such ex- eS co penditures, and take such other actions as the Commission or bo oO such member may deem advisable. Any member of the Com- bo —_ mission may administer oaths or affirmations to witnesses ap- bo bo pearing before the Commission or before such member. (c) AccEss TO INFORMATION.—The Commission is au- bo bo m thorized to secure directly from any officer, department, bo Or agency, establishment, or instrumentality of the Government HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 21 —_ such information, suggestions, estimates, and statistics as the Commission may require to carry out its duties, and each such officer, department, agency, establishment, or instru- mentality shall furnish, to the extent permitted by law, such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairperson or Vice Chairperson. (d) Usk oF Factuities.—Upon request of the Commis- eo won Dm oO Fe CO Ww sion, the head of any Federal agency is authorized to make ey i) any of the facilities and services of such agency available to —_ —_ the Commission or to detail any of the personnel of such — bo agency to the Commission, on a reimbursable basis, to assist = eo the Commission in carrying out its duties unless the head of b— we such agency determines that urgent, overriding reasons will —e or not permit the agency to make such facilities, services, or bt or) personnel available to the Commission and so notifies the —_ -] Chairperson in writing. pt CO (e) Us—E or Marits.—The Commission may use the United States mails in the same manner and under the same bdo ee mo © conditions as other departments and agencies of the United States. b> bb bo ee (f) No CLEARANCE To BE REQUIRED.—No officer or NO SN) agency of the United States shall require the Commission to bo ANG submit any report, recommendation, or other matter to any bo Or such officer or agency for approval, comment, or review BR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 22 1 before submitting such report, recommendation, or other 2 matter to Congress. 3 SEC. 203. ADMINISTRATIVE PROVISIONS. 4 (a) GENERAL ADMINISTRATIVE AUTHORITY.—Subject 5 to such rules and regulations as may be adopted by the Com- 6 mission, the Chairperson shall have the power to— 7 (1) appoint, terminate, and fix the compensation 8 without regard to the provisions of title 5, United 9 States Code, governing appointments in the competi- 10 tive service, and without regard to the provisions of 11 chapter 51 and subchapter III of chapter 53 of such 12 title, or of any other provision of law, relating to the 13 number, classification, and General Schedule rates of 14 such personnel as it deems advisable to assist in the 15 performance of its duties, at rates not to exceed a rate 16 equal to the maximum rate for grade GS-18 of the 17 General Schedule; and 18 (2) procure, as authorized by section 3109 of title 19 5, United States Code, temporary and intermittent 20 services to the same extent as is authorized by law for 21 agencies in the executive branch but at rates not to 22 exceed the daily equivalent of the maximum annual 23 rate of basic pay in effect for grade GS-18 of the Gen- 24 eral Schedule. HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 23 —_ (b) Errect or SERvIcE.—Service of an individual as a member of the Commission, or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to CoCo ma NN GO Oo Fe &/F bw the employment of persons, the performance of services, or _ cow) the payment or receipt of compensation in connection with — — claims, proceedings, or matters involving the United States. —_ bo Service as a member of the Commission, or as an employee —_ (J) of the Commission, shall not be considered service in an ap- a 1 pointive or elective position in the Government for purposes — Or of section 8344 of title 5, United States Code, or comparable — oy) provisions of Federal law. — «] (c) INTERNAL RULES OF OPERATION.—The Commis- _— QO sion may adopt such rules and regulations as may be neces- —_ © sary to establish its procedures and to govern the manner of i) ) its operations, organization, and personnel. b> — SEC. 204. COMPENSATION OF MEMBERS. b> bo (a) Pay.—Each member of the Commission who is in the service of the Government of the United States shall RD bO m oD serve on the Commission without additional compensation. Each member of the Commission who is not in the service of bo Or BR 2020 S(2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 24 —_ the Government of the United States shall be paid at a rate not to exceed a rate equal to the maximum daily rate for grade GS-18 of the General Schedule, for each day such member is engaged in the actual performance of duties as a member of the Commission. (b) Expenses.—All members of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission Oo me NN DD oO FP WO bb in accordance with subchapter I of chapter 57 of title 5, United States Code. peek fame - © SEC. 205. REPORTS AND TERMINATION OF THE COMMISSION. —_ bo (a) INTERIM AND FinaL Reports.—The Commission —_ eo shall prepare and submit to the Congress such interim reports — iN as the Commission deems to be appropriate, except that its — or report and proposed legislation to provide salary replacement — ap) for employees on nonoccupational temporary disability leave ae oe must be submitted to Congress within two years of the date of enactment of this Act. — Lone 2) (b) TERMINATION OF Commission.—Thirty days after 1) co) the submission to the Congress of its final report the Com- mission shall cease to exist. O Ne) pw HR 2020 SC2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 99TH CONGRESS sac HR. 4300 To entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving inability to work because of 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 Marcu 4, 1986 Mr. Cuay (for himself, Mr. Murpuy, Mrs. SCHROEDER, Ms. Oaxar, Mr. MILLER of California, Mr. Hawkins, Mr. Berman, Mr. Brown of Califor- nia, Mrs. Burton of California, Mr. ConTE, Mr. Conyers, Mr. Duncan, Mr. Dymatty, Mr. Fis, Mr. GREEN, Mrs. KENNELLY, Mr. KiLpEE, Mr. Leuman of Florida, Mr. McKinney, Mr. Mrazex, Mr. Owens, Mr. Rance, Mr. Savacs, Mr. SmitH of New Jersey, Mr. Towns, Mr. WEISS, Mr. Wueat, Mr. Yates, Mrs. JoHNson, and Mr. Smiru of Florida) intro- duced the following bill; which was referred jointly to the Committees on Education and Labor and Post Office and Civil Service A BILL To entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving inability to work because of a serious health condition, with adequate protection of the employees’ employment and ben- efit rights, and to establish a commission to study ways of providing salary replacement for employees who take any such leave. Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 2 — Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHorT TrTLe.—This Act may be cited as the “Parental and Medical Leave Act of 1986”’. co Or B® ww pw (b) TABLE OF CONTENTS.— TITLE I—GENERAL REQUIREMENTS FOR PARENTAL AND TEMPORARY MEDICAL LEAVE Sec. 101. Findings and purposes. See. 102. Definitions. Sec. 103. Parental leave requirement. Sec. 104. Temporary medical leave requirement. Sec. 105. Certification. Sec. 106. Employment and benefits protection. Sec. 107. Prohibited acts. Sec. 108. Administrative enforcement. Sec. 109. Enforcement by civil action. Sec. 110. Investigative authority. Sec. 111. Relief. Sec. 112. Notice. TITLE H—PARENTAL LEAVE AND TEMPORARY MEDICAL LEAVE FOR CIVIL SERVICE EMPLOYEES Sec. 201. Parentai and temporary medical leave. TITLE ITI—COMMISSION ON PAID PARENTAL AND MEDICAL LEAVE Sec. 301. Establishment. See. 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. Regulations. Sec. 404. Effective dates. HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 3 TITLE I—GENERAL REQUIREMENTS FOR PARENTAL AND MEDICAL LEAVE SEC. 101. FINDINGS AND PURPOSES. a (a) FinpInes.—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 for the development of the child o a nN DD oO FP LCT Ww and the family unit that fathers and mothers be able to 10 participate in early childrearing and the care of their 11 children who have serious health conditions; 12 (3) the lack of employment policies to accommo- 13 date working parents forces many individuals to choose 14 between job security and parenting; and 15 (4) there is inadequate job security for employees 16 who have serious health conditions that prevent them 17 from working for temporary periods. 18 (b) Purposes.—The Congress therefore declares that 19 the purposes of this Act are— 20 (1) to balance the demands of the workplace with 21 the needs of families, and to promote the stability and 22 economic security of families; and 23 (2) to entitle employees to take reasonable leave 24 for medical reasons, for the birth or adoption of a child, 25 and for the care of a child who has a serious health HR 4300 TH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 4 1 condition, without the risk of termination or retaliation by employers. SEC. 102. DEFINITIONS. For purposes of this title the following terms have the 2 3 4 5 following meanings: 6 (1) The terms “employ”, “person”, and “State” 7 have the meanings given such terms in sections 3(g), 8 3(a), and 3(c), respectively, of the Fair Labor Stand- 9 ards Act (29 U.S.C. 203(g), 203(a), 203(c)). 10 (2) The term “employee” has the meaning given 11 such term in section 3(e) of such Act, except that such 12 term does not include any Federal officer or employee 13 covered under title II of this Act; and such term in- 14 cludes permanent part-time employees. 15 (3) The term ‘“‘employer’’— 16 (A) means any person who employs five or 17 more employees and is engaged in commerce or in 18 any industry or activity affecting commerce; 19 (B) includes (i) any person who acts directly 20 or indirectly in the interest of an employer to one 21 or more employees, and (ii) any successor in inter- 22 est of such an employer; and 23 (C) includes any public agency, as defined in 24 section 3(x) of the Fair Labor Standards Act (29 25 U.S.C. 203(x)); employees of any such employer HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 5 1 shall be deemed to be employees engaged in 2 commerce. 3 (4) The term ‘employment benefits’? means all 4 benefits provided or made available to employees by an 5 employer, and includes group life insurance, health in- 6 surance, disability insurance, sick leave, annual leave, 7 educational benefits, and pensions, regardless of wheth- 8 er such benefits are provided by a policy or practice of 9 an employer or by an employee benefit plan as defined 10 in section 3(3) of the Employee Retirement Income Se- 11 curity Act of 1974 (29 U.S.C. 1002(1)). 12 (5) The terms “commerce” and “‘industry or ac- 13 tivity affecting commerce” mean any activity, business, 14 or industry in commerce or in which a labor dispute 15 would hinder or obstruct commerce or the free flow of 16 commerce, and include “commerce” and any activity 17 or industry ‘‘affecting commerce” within the meaning 18 of the Labor Management Relations Act, 1947 (29 19 U.S.C 141 et seq.). 20 (6) The term “reduced leave schedule” means 21 leave scheduled for fewer than an employee’s usual 22 number of hours per workweek or hours per workday. 23 (7) The term “Secretary” means the Secretary of 24 Labor. BR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 6 1 (8) The term “‘serious health condition” means an 2 illness, injury, impairment, or physical or mental condi- 3 tion which involves— 4 (A) inpatient care in a hospital, hospice, or 5 residential medical care facility; or 6 (B) continuing treatment or continuing super- 7 vision by a health care provider. 8 (9) The term “‘son or daughter’ means a, biologi- 9 cal, adopted, or foster child, stepchild, legal ward, or 10 child of a de facto parent, who is— 11 (A) under eighteen years of age; or 12 (B) eighteen years of age or older and in- 13 capable of self-care because of mental or physical 14 disability. 15 SEC. 103, PARENTAL LEAVE REQUIREMENT. 16 (a) In GENERAL.—(1) An employee shall be entitled to 17 18 workweeks of parental leave during any twenty-four- 18 month period— 19 (A) because of the birth of a son or daughter of 20 the employee; 21 (B) because of the placement, for adoption or 22 foster care, of a son or daughter with the employee; or 23 (C) in order to care for the employee’s son or 24 daughter who has a serious health condition. HR 4300 TH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 7 b—_ (2) Such leave may be taken on a reduced leave sched- ule, in which case— (A) the total period during which the eighteen workweeks may be taken may not exceed thirty-six consecutive workweeks, and (B) such leave shall be scheduled so as not to dis- rupt unduly the operations of the employer. (3) In the case of a child who has a serious health condi- Co ao nr Do oO SF WH wv tion, such leave may be taken intermittently when medically 10 necessary. 11 (b) UNparp Leave PERMITTED.—Such leave may con- 12 sist of unpaid leave, except as provided in subsection (c). 13 (c) RELATIONSHIP TO Parp LEavE.—(1) If an employ- 14 er provides paid parental leave for fewer than eighteen 15 weeks, the additional weeks of leave added to attain the 16 eighteen week total may be unpaid. 17 (2) An employee may elect to substitute any accrued 18 paid vacation leave, personal leave, or other appropriate paid 19 leave for any part of the eighteen-week period. 20 SEC. 104. TEMPORARY MEDICAL LEAVE REQUIREMENT. 21 (a) IN GENERAL.—(1) Any employee who, because of a 22 serious health condition, becomes unable to perform the func- 23 tions of such employee’s position, shall be entitled to tempo- 24 rary medical leave. Such entitlement shall continue for as 25 long as the employee is unable to perform such functions, HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 8 _ except that it shall not exceed twenty-six workweeks during any twelve-month period. (2) Such leave may be taken intermittently when medi- cally necessary. (b) UNparp LEAVE PERMITTED.—Such leave may con- sist of unpaid leave, except as provided in subsection (c). (c) RELATIONSHIP TO Parp LEAvE.—(1) If an employ- er provides paid temporary medical leave or paid sick leave ow won Do oO Fe CO DW for fewer than twenty-six weeks, the additional weeks of —_ >) leave added to attain the twenty-six-week total may be —_ — unpaid. — bo (2) An employee may elect to substitute accrued paid —_ is) vacation leave, sick leave, or other appropriate paid leave for — as any part of the twenty-six-week period. poet. nr SEC. 105. CERTIFICATION. —_ lor) (a) IN GenERAL.—An employer may require that a —_ J claim for parental leave under section 103(a)(1)(C), or tempo- — go rary medical leave under section 104, be supported by certifi- — ie) cation issued by— 1) co) (1) the duly licensed health care provider of the bo — son or daughter, or of the employee, whichever is ap- bo bo propriate; or i) eo (2) any other health care provider determined by [NS) ANG the Secretary to be capable of providing adequate cer- tification. iw) Or HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 9 1 (b) SUFFICIENT CERTIFICATION.—Such certification shall be sufficient if it states— (1) the date on which the serious health condition commenced; 2 3 4 5 (2) the probable duration of the condition; and 6 (3) the medical facts within the provider’s knowl- 7 edge regarding the condition. 8 SEC. 106. EMPLOYMENT AND BENEFITS PROTECTION. 9 (a) Restoration To Position.—(1) Any employee 10 who exercises any right provided under section 103 or 104 11 shall be entitled, upon return from such leave— 12 (A) to be restored by the employer to the position 13 held by the employee when the leave commenced; or 14 (B) to be restored to a position with equivalent 15 status, benefits, pay, and other terms and conditions of 16 employment. 17 (2) The taking of leave under this title shall not result in 18 the loss of any benefit accrued before the date on which the 19 leave commenced. 20 (3) Except as provided in subsection (b), nothing in this 21 section shall be construed to entitle any restored employee to 22 (A) the accrual of any seniority or benefits during any period 23 of leave, or (B) any right or benefit other than any right or 24 benefit to which the employee would have been entitled had 25 the employee not taken the leave. HR 4300 TIH—-—2 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 10 —_e (b) MAINTENANCE OF HEALTH BENEFITS.—During any period of leave taken under section 103 or 104, health benefits of the employee shall be maintained for the duration of such leave at the level at which they would have been maintained if the employee had continued in employment continuously from the date the employee commenced such leave until the date the employee is restored under subsection (a). SEC. 107. PROHIBITED ACTS. Oo mr @® Oo F&F WO WW — jan) (a) INTERFERENCE WITH Ricuts.—(1) It shall be un- — —e lawful for any employer to interfere with, restrain, or deny —_— bo the exercise of or the attempt to exercise, any right provided _ wo under this title. ae po (2) It shall be unlawful for any employer to discharge or _ Or in any other manner discriminate against any individual for pt lor) opposing any practice made unlawful by this title. —_ ~] (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR- _ QO 1E8.—It shall be unlawful for any person to discharge or in —_ © any other manner discriminate against any individual because such individual— NO bo - =O (1) has filed any charge, or has instituted or bo bo caused to be instituted any proceeding, under or relat- bo ee) ed to this title; HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 11 —_ (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 in- quiry or proceeding relating to any right provided under this title. SEC. 108. ADMINISTRATIVE ENFORCEMENT. (a) IN GENERAL.—The Secretary shall issue such rules o CO AF SO Oo Ee B&H dD and regulations as are necessary to carry out this section, —_ Oo including rules and regulations concerning service of com- peek — plaints, notice of hearings, answers and amendments to com- —_ bo plaints, and copies of orders and records of proceedings. bd (5%) (b) CHaRGES.—(1) Any person (or person, including a —_ i class or organization, on behalf of any person) alleging an act —_ or which violates any provision of this title may file a charge —_ lor) respecting such violation with the Secretary. Charges shall p= a] be in such form and contain such information as the Secre- —_ le 0) tary shall require by regulation. bt ie) (2) The Secretary shall serve a notice of the charge on bo —) the person charged with the violation not more than 10 days bo —_ after the Secretary receives such charge. bo db (3) A charge may not be filed more than one year after bS oo the last event constituting the alleged violation. bo nN (c) INVESTIGATION; COMPLAINT.—(1) Within the bo on sixty-day period after the Secretary receives any charge, the HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 12 —_ 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 a reasona- ble 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. (3) If the Secretary determines that there is no reasona- ble basis for the charge, the Secretary shall dismiss the oe wan wm oO ~~ OO DW charge and promptly notify the charging party and the re- —_ oO spondent as to the dismissal. —_ —_ (4) The charging party and the respondent may enter —_ bo into a settlement agreement concerning the violation alleged _ eo in the charge. To be effective such an agreement must be —_e we determined by the Secretary to be consistent with the pur- —_ or poses of this title. pee lop) (5) Upon the issuance of a complaint, the Secretary and —_ «] the respondent may enter into a settlement agreement con- —_ Oo cerning a violation alleged in the complaint, except that any _— le) such settlement shall not be entered into over the objection of iS) =) the charging party. bo feet (6) If, within the sixty-day period referred to in para- bo bo graph (1), the Secretary— No ss) (A) has not issued a complaint under paragraph i) ANG (2), HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 13 —_ (B) has dismissed the charge under paragraph (3), or (C) has not approved or entered into a settlement agreement under paragraph (4) or (5), the charging party may bring a civil action under section 109. (7) The Secretary may issue and serve a complaint al- leging a violation of this title on the basis of information and oO wan Do oO eF_ WO WD evidence gathered as a result of an investigation initiated by —_ —) the Secretary pursuant to section 110. re — (8) Upon issuance of a complaint, the Secretary shall have the power to petition the United States district court for — eo b9 the district in which the violation is alleged to have occurred, —_ ci or in which the respondent resides or transacts business, for ae Or appropriate temporary relief or restraining order. Upon the —_ lor) filing of any such petition, the court shall cause notice of the — ~] petition to be served upon the respondent, and the court shall —_ GO have jurisdiction to grant to the Secretary such temporary —_ we) relief or restraining order as it deems just and proper. bo jo) (d) Rignts oF Partirs.—(1) In any case in which a bo _ complaint is issued under subsection (b), the Secretary shall, i) bo not less than five days and not more than thirty days after bo su) the complaint is issued, cause to be served on the respondent bo NG a copy of the complaint. HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 14 —_ (2) Any person filing a charge alleging a violation of this title may elect to be a full party to any complaint filed by the Secretary alleging such violation. Such election must be made before the commencement of the hearing. (e) Conpuct or HEeARInNG.—(1) The Secretary shall have the duty to prosecute any complaint issued under sub- section (b). (2) An administrative law judge shall conduct a hearing Oo oa NH SD oO Ee CO WD on the record with respect to a complaint issued under this — Oo title. Such hearing shall be conducted in conformity with sec- —_ —_ tions 554, 555, and 556 of chapter 5, United States Code, _ bo and shall be commenced within sixty days after the issuance —_ Ow of such complaint. —_ pp (f) FINDINGS AND ConcLusions.—(1) After the hear- oe Or ing conducted under this section, the administrative law —_ lor) judge shall promptly make findings of fact and conclusions of —_ a] law, and, if appropriate, issue an order for relief as provided in section 111. et o Wm (2) The administrative law judge shall inform the par- iS) >) ties, in writing, of the reason for any delay in making such bo ae findings and conclusions if such findings and conclusions are NO bo not made within sixty days after the conclusion of such i) es) hearing. bo ANG (g) Finatity oF DEcIsION; Review.—(1) The deci- bo Or sion and order of the administrative law judge shall become HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 15 pont the final decision and order of the agency unless, upon appeal by an aggrieved party taken not more than thirty days after such action, the Secretary modifies or vacates the decision, in which case the decision of the Secretary shall be the final decision. (2) Not later than sixty days after the entry of such final order, any person aggrieved by such final order may obtain a review of such order in the United States court of appeals for mo anne Oo FF WO WS 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 = bo jurisdiction of the court shall be exclusive and its judgment —_ oo shall be final, except that the same shall be subject to review — a by the Supreme Court of the United States upon writ of cer- —_ or tiorari or certification as provided in section 1254 of title 28, United States Code. —_ — ~“I Oo (h) Court ENFORCEMENT OF ADMINISTRATIVE —_ (oe) OrpERS.—(1) If the respondent does not appeal an order of =" co an administrative law judge under subsection (g)(2), the Sec- bo i) retary may petition the United States district court for the bo ft district in which the violation is alleged to have occurred, or bo bo in which the respondent resides or transacts business, for the bo eo) enforcement of the order of the administrative law judge, by bo ASG filmg in such court a written petition praying that such order be enforced. bo Or HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 16 1 (2) Upon the filing of such petition, the court shall have jurisdiction to make and enter a decree enforcing the order of the administrative law judge. In such a proceeding, the order of the administrative law judge shall not be subject to review. 2 3 4 5 (3) If, upon appeal of an order under subsection (g)(2), 6 the United States court of appeals does not reverse such 7 order, such court shall have the jurisdiction to make and 8 enter a decree enforcing the order of the administrative law 9 judge. 10 SEC. 109. ENFORCEMENT BY CIVIL ACTION. 11 (a) Rigut To Brine Civit ActTion.—(1) Subject to 12 the limitations in this section, an employee or the Secretary 13 may bring a civil action against any employer to enforce the 14 provisions of this title in any appropriate court of the United 15 States or im any State court of competent jurisdiction. 16 (2) A civil action may be commenced under this subsec- 17 tion without regard to whether a charge has been filed under 18 section 108(b). 19 (3) No civil action may be commenced under paragraph 20 (1) if the Secretary— 21 (A) has approved a settlement agreement under 22 section 108(c)(4), in which case no civil action may be 23 filed under this subsection if such action is based upon 24 a violation alleged in the charge and resolved by the 25 agreement; or HR 4300 {H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 17 _— (B) has issued a complaint under section 108(c)(2) or 108(c)(7), 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 (2)(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 Oo wont om oF wo bd action may be commenced more than one year after the date —_ jm) on which the alleged violation occurred. 11 (B) In any case in which— 12 (i) a timely charge is filed under section 108(b); 12 and 14 (ii) the failure of the Secretary to issue a com- 15 plaint or enter into a settlement agreement based on 16 the charge (as provided under section 108(c)(6)) occurs 17 more than eleven months after the date on which any 18 alleged violation occurred, 19 the employee may commence a civil action not more than 20 thirty days after the date on which the employee is notified of 21 such failure. 22 (6) The Secretary may not bring a civil action against 23 any agency of the United States. 24 (b) VENUE.—An action brought under subsection (a) in 25 a district court of the United States may be brought— HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 18 1 (1) in any appropriate judicial district under sec- tion 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 2 3 4 5 6 (B) the aggrieved person worked or would o have worked but for the alleged violation. 8 (c) NOTIFICATION OF THE SECRETARY; Rigut To IN- 9 TERVENE.—A copy of the complaint in any action by an em- 10 ployee under subsection (a) shall be served upon the Secre- 11 tary by certified mail. The Secretary shall have the right to 12 intervene in a civil action brought by an employee under sub- 13 section (a). 14 (d) ATTORNEYS FOR THE SECRETARY.—In any civil 15 action under subsection (a), attorneys appointed by the Secre- 16 tary may appear for and represent the Secretary, except that 17 the Attorney General and the Solicitor General shall conduct 18 any litigation in the Supreme Court. 19 SEC. 110. INVESTIGATIVE AUTHORITY. 20 (a) IN GENERAL.—To ensure compliance with the pro- 21 visions of this title, or any regulation or order issued under 22 this title, the Secretary shall have, subject to subsection (c) 23 the investigative authority provided under section 11(a) of the 24 Fair Labor Standards Act (29 U.S.C. 211(a)). HR 4300 I Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 19 —_ (b) Osiicgation To KEEP AND PRESERVE REcorps.—Any employer shall keep and preserve records in accordance with section 11(c) of such Act. (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL Basis.—The Secretary may not under the au- thority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once in any twelve-month period, unless the Sec- oC wa ND oO Fe WH Ww retary has reasonable cause to believe there may exist a vio- —_ =) lation of this title or any regulation or order issued pursuant —_ —_ to this title, or is investigating a charge pursuant to section 108. — w bd (d) SuBPoENA Powers, Erc.—For the purposes of — nN any investigation provided for in this section, the Secretary —_ or shall have the subpoena authority provided under section 9 of the Fair Labor Standards Act. bt pet “1 & (e) DISSEMINATION OF INFORMATION.—The Secretary —_ ee) may make available to any person substantially affected by — we} any matter which is the subject of an investigation under this bo a) section, and to any department or agency of the United bo bp States, information concerning any matter which may be the dO bo subject of such investigation. bo oo SEC. 111. RELIEF. bo nN (a) INsUNCTIVE.—(1) Upon finding a violation under bo Or section 108, the administrative law judge shall issue an order HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 20 1 requiring such person to cease and desist from any act or 2 practice which violates this title. 3 (2) In any civil action brought under section 109, the 4 court may grant as relief any permanent or temporary injunc- 5 tion, temporary restraining order, and other equitable relief 6 as the court deems appropriate. 7 (b) MoneTary.—Any employer that violates any provi- 8 sion of this title shall be liable to the injured party in an 9 amount equal to— 10 (1) any wages, salary, employment benefits, or 11 other compensation denied or lost to such employee by 12 reason of the violation, plus interest on the total mone- 13 tary damages calculated at the prevailing rate, and 14 (2) an additional amount equal to the greater of 15 (A) the amount determined under paragraph (1), as liq- 16 uidated damages, or (b) general or consequential 17 damages. 18 (c) ATroRNEYS’ FreEs.—The prevailing party (other 19 than the United States) may be awarded a reasonable attor- bo jm) neys’ fee as part of the costs, in addition to any relief award- ed. The United States shall be liable for costs the same as a bdo bb wo RF private person. bo [st (d) Limrratron.—Damages awarded under subsection bo uN (b) may not accrue from a date more than two years before HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 21 jd the date on which a charge is filed under section 108(b) or a civil action is brought under section 109. SEC. 112. 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 for approval by the Secre- tary, setting forth excerpts from, or summaries of, the perti- o mom JN DO Oo Se WO) bd nent provisions of this title and information pertaining to the _ om) filing of a charge. —_ —_ (b) PENaLTY.—Any employer who wilfully violates this —_ bo section shall be fined not more than $100 for each separate pod su) offense. TITLE H—PARENTAL LEAVE AND TEMPORARY MEDICAL LEAVE FOR CIVIL SERVICE EM- PLOYEES es 1 M0 oOo SEC. 201. PARENTAL AND TEMPORARY MEDICAL LEAVE. —_ ie.2) (a) In GENERAL.—(1) Chapter 63 of title 5, United _ te) States Code, is amended by adding at the end thereof the 1) ro) following new subchapter: “SUBCHAPTER HI—PARENTAL AND TEMPORARY MEDICAL LEAVE “8 6331. Definitions bp bv bd WW =m © $%|BD “For purposes of this subchapter— bo On “(1) ‘employee’ means— BR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 22 1 ‘(A) an employee as defined by section 2 6301(2) of this title (excluding an individual em- 3 ployed by the government of the District of Co- 4 lumbia); and 5 “(B) an individual under clause (v) or (ix) of 6 such section; 7 whose employment is other than on a temporary or 8 intermittent basis; 9 (2) ‘serious health condition’ means an illness, 10 injury, impairment, or physical or mental condition 11 which involves— 12 ‘(A) inpatient care in a hospital, hospice, or 13 residential medical care facility; or 14 “(B) continuing treatment, or continuing su- 15 pervision, by a health care provider; and 16 (3) ‘child’ means a biological, adopted, or foster 17 child, stepchild, legal ward, or child of a de facto 18 parent who is— 19 “(A) under 18 years of age; or 20 “(B) 18 years of age or older and incapable 21 of self-care because of mental or physical dis- 22 ability. 23 “§ 6332. Parental leave 24 “(a) Leave under this section shall be granted on the 25 request of an employee if such leave is requested— HR 4300 SH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 23 1 (1) oonuse of the birth of a child of the 2 employee; 3 “(2) because of the placement for adoption or 4 foster care of a child with the employee; or 5 “(3) in order to care for employee’s child who has 6 a serious health condition. 7 “(b) Leave under this section— 8 “(1) shall be leave without pay; 9 “(2) may not, in the aggregate, exceed the equiv- 10 alent of 18 administrative workweeks of the employee 11 during any 24-month period; and 12 “(3) shall be in addition to any annual leave, sick 13 leave, temporary medical leave, or other leave or com- 14 pensatory time off otherwise available to the employee. 15 “(c) An employee may elect to use leave under this 16 section— 17 “(1) immediately before or after (or otherwise in 18 coordination with) any period of annual leave, or 19 compensatory time off, otherwise available to the 20 employee; 21 ““(2) under a method involving a reduced workday, 22 a reduced workweek, or other alternative work 23 schedule; 24 “(3) on either a continuing or intermittent basis; 25 or HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 24 1 “(4) any combination thereof. 2 “§ 6333. Temporary medical leave 3 ‘“(a) An employee who, because of a serious health con- 4 dition, becomes unable to perform the functions of such em- 5 ployee’s position shall, on request of the employee, be enti- 6 tled to leave under this section. 7 “‘(b) Leave under this section— 8 “(1) shall be leave without pay; 9 “(2) shall be available for the duration of the seri- 10 ous health condition of the employee involved, but may 11 not, in the aggregate, exceed the equivalent of 26 ad- 12 ministrative workweeks of the employee during any 13 12-month period; and 14 (3) shall be in addition to any annual leave, sick 15 leave, parental leave, or other leave or compensatory 16 time off otherwise available to the employee. 17 “(c) An employee may elect to use leave under this 18 section— 19 (1) immediately before or after (or otherwise in 20 coordination with) any period of annual leave, sick 21 leave, or compensatory time off otherwise available to 22 the employee; 23 (2) under a method involving a reduced workday, 24 a reduced workweek, or other alternative work 25 schedule; HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 25 —_ “(3) on either a continuing or intermittent basis; or “(4) any combination thereof. “§ 6334. Job protection ‘“‘An employee who uses leave under section 6332 or 6333 of this title is entitled to be restored to the position held by such employee immediately before the commencement of such leave. eo wo nN Oo Oo Fe CO | “8 6335. Prohibition of coercion _— OQ “(a) An employee may not directly or indirectly intimi- —_ —_ date, threaten, or coerce, or attempt to intimidate, threaten, —_ bo or coerce, any other employee for the purpose of interfering —_ ia] with such employee’s rights under this subchapter. pat pe “(b) For the purpose of this section, ‘intimidate, threat- _ or en, or coerce’ includes promising to confer or conferring any —_ oP) benefit (such as appointment, promotion, or compensation), or —_ a] effecting or threatening to effect any reprisal (such as depri- —_ io 8) vation of appointment, promotion, or compensation). —_ Me} “§ 6336. Health insurance 1S) ) ‘“‘An employee enrolled in a health benefits plan under bo —_ chapter 89 of this title who is placed in a leave status under bo bo section 6332 or 6333 of this title may elect to continue the bo oo employee’s health benefits enrollment while in such leave bo ASG status and arrange to pay into the Employees Health Bene- bo Or fits Fund (described in section 8909 of this title), through that HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 26 1 individual’s employing agency, the appropriate employee con- 2 tributions. 3 “§ 6337. Regulations 4 “The Office of Personnel Management shall prescribe 5 regulations necessary for the administration of this subchap- 6 ter. The regulations prescribed under this subchapter shall be 7 consistent with the regulations prescribed by the Secretary of 8 Labor under title I of the Parental and Medical Leave Act of 9 1986.”. 10 (2) The table of contents for chapter 63 of title 5, 11 United States Code, is amended by adding at the end thereof 12 the following: “SUBCHAPTER III—PARENTAL AND TEMPORARY MEDICAL LEAVE “6331. Definitions. “6332. Parental leave. “6333. Temporary medical leave. “6334. Job protection. “6335. Prohibition of coercion. “6336. Health insurance. “6337. Regulations.”. 13 (b) EmpLtoyers Parp From NONAPPROPRIATED 14 Funps.—Section 2105(c)(1) of title 5, United States Code, is 15 amended by striking out “53” and inserting in lieu thereof 16 ‘53, subchapter III of chapter 63,” 17 TITLE ITI—COMMISSION ON PAID PARENTAL 18 AND MEDICAL LEAVE 19 SEC. 301. ESTABLISHMENT. 20 (a) ESTABLISHMENT.—There is established a commis- 21 sion to be known as the Commission on Paid Parental and HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 27 1 Medical Leave (hereinafter in this Act referred to as the 2 “Commission’’). 3 SEC. 302. DUTIES. 4 The Commission shall— 5 (1) conduct a comprehensive study of existing and 6 proposed methods designed to provide workers with 7 full or partial salary replacement or other income pro- 8 tection during periods of temporary medical leave, pa- 9 rental leave, and leave for care of dependents; 10 (2) within two years after the date on which the 11 Commission first meets, submit a report to the Con- 12 gress, including legislative recommendations concerning 13 implementation of such a system of salary replacement 14 for temporary medical leave and parental leave. 15 SEC. 303. MEMBERSHIP. 16 (a) ComposiTion.—The Commission shall be composed 17 of fifteen members appointed not more than sixty days after 18 the date of the enactment of this Act as follows: 19 (1) Three Senators shall be appointed by the ma- 20 jority leader of the Senate, in consultation with the mi- 21 nority leader of the Senate. 22 (2) Three members of the House of Representa- 23 tives shall be appointed by the Speaker of the House of 24 Representatives, in consultation with the minority 25 leader of the House of Representatives. HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 28 ec (3) The Secretary of Health and Human Services. (4) The Secretary of Labor. (5) Seven members shall be appointed jointly by the majority leader of the Senate and the Speaker of the House of Representatives. Such members shall be appointed by virtue of demonstrated expertise in rele- vant family and temporary disability issues. (b) VacanciEs.—Any vacancy on the Commission eo waauayrenr oOo FF WO WS shall be filled in the manner in which the original appoint- ment was made. et ee > (c) CHAIRPERSON AND VICE CHAIRPERSON.—The — bo Commission shall elect a chairperson and a vice-chairperson — et) from among its members. —_ 1 (d) Quorum.—Eight members of the Commission shall —_" Or constitute a quorum for all purposes, except that a lesser — for) number may constitute a quorum for the purpose of holding bt ~] hearings. — GO SEC. 304. COMPENSATION. ee © (a) Pay.—Members of the Commission shall serve with- bo om) out compensation. bo — (b) TRAVEL EXPENSES.—Members of the Commission bo bo shall be allowed reasonable travel expenses, including a per bo is) diem allowance, in accordance with section 5703 of title 5, bo NG United States Code, when performing duties of the bo On Commission. HR 4300 1H Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 29 —_ SEC. 305. POWERS. (a) MEETINGS.—The Commission shall first meet not more than thirty days after the date on which members are appointed, and the Commission shall meet thereafter upon the call of the chairperson or a majority of the members. (b) 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 co mn DD Oo FF WO Ww considers appropriate. The Commission may administer oaths —_— © or affirmations to witnesses appearing before it. —_ —_ (c) Access TO INFORMATION.—The Commission may —_ bo secure directly from any Federal agency information neces- —s is) sary to enable it to carry out this Act. Upon the request of —_ wy the chairperson or vice chairperson of the Commission, the —_ Or head of such agency shall furnish such information to the —_ or) Commission. — ~] (d) DirEctor.—The Commission may appoint an Ex- —_ OO ecutive Director from the personnel of any Federal agency to — co assist the Commission in carrying out its duties. ho =) (e) Usk oF SERVICES AND FactLit1Es.—Upon the re- bo —_ quest of the Commission, the head of any Federal agency bo bo may make available to the Commission any of the facilities 1) SM) and services of such agency. bo HSS (f) PERSONNEL FROM OTHER AGENCIES.—Upon the 1] Or request of the Commission, the head of any Federal agency HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 30 —_ may detail any of the personnel of such agency to assist the Commission in carrying out its duties. SEC. 306. TERMINATION, The Commission shall terminate thirty days after the date of the submission of its final report to the Congress. TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. EFFECT ON OTHER LAWS. (a) FepERAL Laws.—Nothing in this Act shall be con- eo maa De oO — !C bv strued to modify or affect any Federal law prohibiting dis- pot oO crimination on the basis of race, religion, color, national — —_ origin, sex, age, or handicapped status. —_ bo (b) State anp Locat Laws.—Nothing in this Act —_ (eu) shall be construed to supersede any provision of any State — te and local law which provides greater employee parental or —_ oO medical leave rights than the rights established under this — fon) title. pew a] SEC. 402. EFFECT ON EXISTING EMPLOYMENT BENEFITS. —_ 00 (a) MorE PROTECTIVE.—Nothing in this Act shall be —_ Me) construed to diminish an employer’s obligation to comply bo _) with any collective-bargaining agreement or any employment bo _ benefit program or plan which provides greater parental and i) i) medical leave rights to employees than the rights provided under this title. oe No] = (b) Less PRrotTective.—The rights provided to em- 1) or ployees under this title may not be diminished by any collec- HR 4300 IH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4 31 —" tive bargaining agreement or any employment benefit pro- gram or plan. SEC. 403. REGULATIONS. The Secretary shall prescribe such regulations as are necessary to carry out title I of this Act. SEC. 404. EFFECTIVE DATES. Titles I, I, and IV shall take effect six months after the date of the enactment of this Act. Title III shall take effect Cc a Nn DOD oO FF w wD on such date of enactment. O HR 4300 JH Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332R001100120021-4