HR 2346 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2346CommentsClose CommentsPermalink

To improve the lives of working families by providing family and medical need assistance, child care assistance, in-school and after school assistance, family care assistance, and encouraging the establishment of family-friendly workplaces.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 23, 2011CommentsClose CommentsPermalink

Ms. WOOLSEY (for herself, Mr. STARK, Mrs. MALONEY, Ms. DELAURO, Mr. GEORGE MILLER of California, Ms. SCHAKOWSKY, Mr. DAVIS of Illinois, Ms. LEE of California, Mr. CONYERS, Ms. WATERS, Mr. OLVER, Ms. HIRONO, Mr. HASTINGS of Florida, Mr. BRADY of Pennsylvania, Mr. FILNER, Ms. MOORE, Mr. PAYNE, Mr. JACKSON of Illinois, Mr. RUSH, Mr. MCDERMOTT, Ms. CHU, Mr. ELLISON, Mr. HINCHEY, Mr. GRIJALVA, Ms. BROWN of Florida, Mr. HONDA, Ms. NORTON, Ms. FUDGE, and Mr. SERRANO) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve the lives of working families by providing family and medical need assistance, child care assistance, in-school and after school assistance, family care assistance, and encouraging the establishment of family-friendly workplaces.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Balancing Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink

TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE ENHANCEMENT ACT

Subtitle A--Paid Leave for New Parents

Sec. 101. Short title.CommentsClose CommentsPermalink





Sec. 102. General definitions.CommentsClose CommentsPermalink

Part 1--Family and Medical Leave Insurance Program

Sec. 111. Program definitions.CommentsClose CommentsPermalink





Sec. 112. Establishment of program.CommentsClose CommentsPermalink





Sec. 113. Program benefits.CommentsClose CommentsPermalink





Sec. 114. Voluntary employer plan.CommentsClose CommentsPermalink





Sec. 115. Additional benefits.CommentsClose CommentsPermalink





Sec. 116. Prohibited acts by employer.CommentsClose CommentsPermalink





Sec. 117. Enforcement.CommentsClose CommentsPermalink





Sec. 118. Penalties.CommentsClose CommentsPermalink





Sec. 119. Education programs.CommentsClose CommentsPermalink





Sec. 120. Regulations.CommentsClose CommentsPermalink





Sec. 121. Effective date.CommentsClose CommentsPermalink

Part 2--Civil Service Family and Medical Leave Insurance Program

Sec. 131. Program definitions.CommentsClose CommentsPermalink





Sec. 132. Establishment of program.CommentsClose CommentsPermalink

Part 3--Family and Medical Leave Insurance Fund

Sec. 141. Establishment.CommentsClose CommentsPermalink





Sec. 142. Board of Trustees.CommentsClose CommentsPermalink





Sec. 143. Investment of the Family and Medical Leave Insurance Fund.CommentsClose CommentsPermalink





Sec. 144. Payments from Family and Medical Leave Insurance Fund.CommentsClose CommentsPermalink





Sec. 145. Administrative expenses.CommentsClose CommentsPermalink





Sec. 146. Amendments to the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

Subtitle B--Family and Medical Leave Enhancement Act

Sec. 151. Short title.CommentsClose CommentsPermalink





Sec. 152. Eligible employee.CommentsClose CommentsPermalink





Sec. 153. Entitlement to additional leave under the FMLA for parental involvement and family wellness.CommentsClose CommentsPermalink





Sec. 154. Entitlement of Federal employees to leave for parental involvement and family wellness.CommentsClose CommentsPermalink

Subtitle C--Domestic Violence Leave Act

Sec. 161. Short title.CommentsClose CommentsPermalink





Sec. 162. Entitlement to leave for domestic violence, sexual assault, or stalking.CommentsClose CommentsPermalink





Sec. 163. Inclusion of same-sex spouses and domestic partners.CommentsClose CommentsPermalink





Sec. 164. Entitlement to leave for Federal employees for domestic violence, sexual assault, or stalking.CommentsClose CommentsPermalink





Sec. 165. Inclusion of same-sex spouses and domestic partners for leave for Federal employees.CommentsClose CommentsPermalink

Subtitle D--Healthy Families Act

Sec. 171. Short title.CommentsClose CommentsPermalink





Sec. 172. Purposes.CommentsClose CommentsPermalink





Sec. 173. Definitions.CommentsClose CommentsPermalink





Sec. 174. Provision of paid sick time.CommentsClose CommentsPermalink





Sec. 175. Posting requirement.CommentsClose CommentsPermalink





Sec. 176. Prohibited acts.CommentsClose CommentsPermalink





Sec. 177. Enforcement authority.CommentsClose CommentsPermalink





Sec. 178. Collection of data on paid sick time and further study.CommentsClose CommentsPermalink





Sec. 179. Effect on other laws.CommentsClose CommentsPermalink





Sec. 180. Effect on existing employment benefits.CommentsClose CommentsPermalink





Sec. 181. Encouragement of more generous leave policies.CommentsClose CommentsPermalink





Sec. 182. Regulations.CommentsClose CommentsPermalink





Sec. 183. Effective dates.CommentsClose CommentsPermalink

TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT

Subtitle A--Care for Young Children

Sec. 201. Expanding child care for young children.CommentsClose CommentsPermalink

Subtitle B--Improving Child Care Quality Through Teacher Incentives

Sec. 211. Purpose.CommentsClose CommentsPermalink





Sec. 212. Definitions.CommentsClose CommentsPermalink





Sec. 213. Funds for child care provider development and retention grants, scholarships, and health benefits coverage.CommentsClose CommentsPermalink





Sec. 214. Allotments to States.CommentsClose CommentsPermalink





Sec. 215. Application and plan.CommentsClose CommentsPermalink





Sec. 216. Child Care Provider Development and Retention Grant Program.CommentsClose CommentsPermalink





Sec. 217. Child Care Provider Scholarship Program.CommentsClose CommentsPermalink





Sec. 218. Child care provider health benefits coverage.CommentsClose CommentsPermalink





Sec. 219. Annual report.CommentsClose CommentsPermalink





Sec. 220. Evaluation of health benefits programs by Secretary.CommentsClose CommentsPermalink





Sec. 221. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle C--Child Care Facilities Financing

Sec. 231. Short title.CommentsClose CommentsPermalink





Sec. 232. Technical and financial assistance grants.CommentsClose CommentsPermalink





Sec. 233. Definitions.CommentsClose CommentsPermalink





Sec. 234. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Business Child Care Incentive Grant Program

Sec. 241. Business child care incentive grant program.CommentsClose CommentsPermalink

TITLE III--PRE-SCHOOL, IN-SCHOOL, AND AFTER SCHOOL ASSISTANCE

Subtitle A--Universal Prekindergarten Act

Sec. 301. Short title.CommentsClose CommentsPermalink





Sec. 302. Purpose.CommentsClose CommentsPermalink





Sec. 303. Prekindergarten grant program authorization.CommentsClose CommentsPermalink





Sec. 304. State requirements.CommentsClose CommentsPermalink





Sec. 305. Local requirements.CommentsClose CommentsPermalink





Sec. 306. Professional development set-aside.CommentsClose CommentsPermalink





Sec. 307. Reporting.CommentsClose CommentsPermalink





Sec. 308. Federal funds supplementary.CommentsClose CommentsPermalink





Sec. 309. Definitions.CommentsClose CommentsPermalink





Sec. 310. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Universal Free School Breakfast Program

Sec. 311. Universal free school breakfast program.CommentsClose CommentsPermalink

Subtitle C--Afterschool Education Enhancement Act

Sec. 341. Short title.CommentsClose CommentsPermalink





Sec. 342. Amendments regarding 21st Century community learning centers.CommentsClose CommentsPermalink

TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES

Subtitle A--Part-Time and Temporary Workers Benefits

Sec. 401. Treatment of employees working at less than full-time under participation, vesting, and accrual rules governing pension plans.CommentsClose CommentsPermalink





Sec. 402. Treatment of employees working at less than full-time under group health plans.CommentsClose CommentsPermalink





Sec. 403. Expansion of definition of employee to include certain individuals whose services are leased or contracted for.CommentsClose CommentsPermalink





Sec. 404. Effective dates.CommentsClose CommentsPermalink

Subtitle B--United States Business Telework Act

Sec. 411. Short title.CommentsClose CommentsPermalink





Sec. 412. Telework pilot program.CommentsClose CommentsPermalink





Sec. 413. Report to Congress.CommentsClose CommentsPermalink





Sec. 414. Definition.CommentsClose CommentsPermalink





Sec. 415. Termination.CommentsClose CommentsPermalink





Sec. 416. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Currently 58 percent of married families with children in the United States, both parents work full-time. Seventy-one percent of mothers with children under age 18 work full-time.CommentsClose CommentsPermalink





(2) The National Study of the Changing Workforce found that 75 percent of employed parents indicated that they don’t have enough time with their children.CommentsClose CommentsPermalink





(3)(A) A survey conducted by the Boys and Girls Clubs of America found that more than half of the respondents indicated that they had little or no time to spend in physical activities with their children.CommentsClose CommentsPermalink





(B) Parents in 3,500,000 households, representing 7,000,000 children, spend an hour or less a week doing physical activities with their children.CommentsClose CommentsPermalink





(C) The primary obstacle cited by the parents to engaging in physical activities with their children was their work schedules.CommentsClose CommentsPermalink





(4) According to the National Partnership for Women and Families, 78 percent of workers who need leave do not take it because they cannot afford it.CommentsClose CommentsPermalink





(5) Nearly every industrialized nation other than the United States, and most developing nations, provides parents with paid leave for infant care.CommentsClose CommentsPermalink





(6) In the United States, more than half of all mothers of children under the age of one work. Yet parents of infants and toddlers face acute problems finding child care, and child care that is available is often of mediocre quality.CommentsClose CommentsPermalink





(7) Since 2000, the cost of child care has increased twice as fast as the median income of families with children. According to the National Association of Child Care Resource & Referral Agencies, the average annual cost of child care ranges from $4,560 in Mississippi to $18,773 in Massachusetts. In addition, the annual cost of child care for a 4-year old is more than the annual in State tuition at a public four-year college in 36 States and the District of Columbia.CommentsClose CommentsPermalink





(8) The average annual child care teacher salary is $20,940, a wage so low that many programs find it extremely challenging to recruit fully qualified teachers and to retain them. High turnover rates make it more difficult to provide quality and continuity of care.CommentsClose CommentsPermalink





(9) Only 17 percent of eligible families received child care assistance through the Child Care Development Block Grant, the Social Services Block Grant, and the Temporary Assistance for Needy Families program in 2006. In addition, approximately 40 percent of eligible preschoolers are able to participate in the Head Start program.CommentsClose CommentsPermalink





(10) Among needy students, school nutrition programs often provide the primary opportunity for consumption of nutritionally valuable foods.CommentsClose CommentsPermalink





(11) Breakfast is a critical meal for children and provides the nutrition necessary to optimize their learning capacities.CommentsClose CommentsPermalink





(12) According to a recent nationwide report by the Afterschool Alliance, approximately 15,000,000 children in the United States are left alone after school each week without adult supervision.CommentsClose CommentsPermalink





(13) Violent juvenile crime peaks between the hours of 3:00 p.m. and 7:00 p.m. and teens are more likely to be victims of serious violent crime in the hour after school lets out than any other time of the day.CommentsClose CommentsPermalink





(14) The Nation’s communities can benefit from teleworking, which give workers more time to spend at home with their families.CommentsClose CommentsPermalink





(15) Companies with telework programs have found that telework can boost employee productivity 5 percent to 20 percent, thereby saving businesses valuable resources and time.CommentsClose CommentsPermalink

TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE ENHANCEMENT ACTCommentsClose CommentsPermalink

Subtitle A--Paid Leave for New ParentsCommentsClose CommentsPermalink

SEC. 101. SHORT TITLE.

This subtitle may be cited as the ‘Family Leave Insurance Act’.CommentsClose CommentsPermalink

SEC. 102. GENERAL DEFINITIONS.

(a) In General- The definitions provided by section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611), other than the definitions of the terms ‘son or daughter’, shall apply for purposes of this subtitle.CommentsClose CommentsPermalink





(b) Additional Definitions- In this subtitle, the following additional definitions shall apply:CommentsClose CommentsPermalink





(1) BOARD OF TRUSTEES- The term ‘Board of Trustees’ means the Board of Trustees of the Insurance Fund.CommentsClose CommentsPermalink





(2) COVERED AGENCY- The term ‘covered agency’, when used with respect to a State, means the State agency referred to in paragraph (1) of section 112(b), or the Commissioner of Social Security if the Commissioner is carrying out the State Family and Medical Insurance Program in the State under paragraph (2) of such section.CommentsClose CommentsPermalink





(3) DOMESTIC PARTNER- The term ‘domestic partner’ means--CommentsClose CommentsPermalink





(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides;CommentsClose CommentsPermalink





(B) a same-sex spouse as determined under the applicable law of the State or political subdivision of a State where the employee resides; orCommentsClose CommentsPermalink





(C) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee’s domestic partner.CommentsClose CommentsPermalink





(4) INSURANCE FUND- The term ‘Insurance Fund’ means the Family and Medical Leave Insurance Fund established under section 141.CommentsClose CommentsPermalink





(5) MANAGING TRUSTEE- The term ‘Managing Trustee’ means the Managing Trustee of the Board of Trustees of the Insurance Fund.CommentsClose CommentsPermalink





(6) SON OR DAUGHTER- The term ‘son or daughter’ means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a person’s domestic partner, or a child of a person standing in loco parentis, who is--CommentsClose CommentsPermalink





(A) under 18 years of age; orCommentsClose CommentsPermalink





(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.CommentsClose CommentsPermalink

PART 1--FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM

SEC. 111. PROGRAM DEFINITIONS.

In this part:CommentsClose CommentsPermalink





(1) ELIGIBLE EMPLOYEE- The term ‘eligible employee’ means any of the following:CommentsClose CommentsPermalink





(A) An employee who--CommentsClose CommentsPermalink





(i) earned wages with a covered employer for a minimum of 6 months prior to filing an application for leave benefits under this part; andCommentsClose CommentsPermalink





(ii) has been employed by the employer with respect to whom paid leave is requested for at least 625 hours of service during the previous 6 months.CommentsClose CommentsPermalink





(B) An employee--CommentsClose CommentsPermalink





(i) of a small employer that has elected to participate in the Program under this part in accordance with such regulations as the Secretary shall prescribe; andCommentsClose CommentsPermalink





(ii) who meets the requirements of subparagraph (A), but is not an employee of the Federal Government.CommentsClose CommentsPermalink





(C) A self-employed individual who has--CommentsClose CommentsPermalink





(i) elected to participate in the Program under this part in accordance with such regulations as the Secretary shall prescribe;CommentsClose CommentsPermalink





(ii) self-employment income while a covered employer for 6 of the last 12 months prior to filing an application for leave benefits under this part; andCommentsClose CommentsPermalink





(iii) paid premiums under section 1401(c) of the Internal Revenue Code of 1986 with respect to such self-employment income.CommentsClose CommentsPermalink





(2) EMPLOYER-RELATED DEFINITIONS-CommentsClose CommentsPermalink





(A) COVERED EMPLOYER- The term ‘covered employer’ means a person--CommentsClose CommentsPermalink





(i) that is--CommentsClose CommentsPermalink





(I) an employer;CommentsClose CommentsPermalink





(II) a small employer that has elected to participate in the Program under this part in accordance with such regulations as the Secretary shall prescribe; orCommentsClose CommentsPermalink





(III) a self-employed individual who has elected to so participate; andCommentsClose CommentsPermalink





(ii) that is not a voluntary plan employer.CommentsClose CommentsPermalink





(B) EMPLOYER- The term ‘employer’ shall have the meaning given that term in section 101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), except that such term shall include any person who employs 2 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.CommentsClose CommentsPermalink





(C) SMALL EMPLOYER- The term ‘small employer’--CommentsClose CommentsPermalink





(i) means any person engaged in commerce or in any industry or activity affecting commerce who employs not less than 2 and not more than 19 employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; andCommentsClose CommentsPermalink





(ii) includes--CommentsClose CommentsPermalink





(I) any person who acts, directly or indirectly, in the interest of an employer described in clause (i) to any of the employees of such employer;CommentsClose CommentsPermalink





(II) any successor in interest of an employer described in clause (i); andCommentsClose CommentsPermalink





(III) any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)) that is an employer described in clause (i) but is not an entity of the Federal Government.CommentsClose CommentsPermalink





(D) VOLUNTARY PLAN EMPLOYER- The term ‘voluntary plan employer’ means an employer for which the Secretary has approved a voluntary plan under section 114 for the period involved.CommentsClose CommentsPermalink





(3) LEAVE BENEFIT- The term ‘leave benefit’ means a family and medical leave insurance benefit described in section 113.CommentsClose CommentsPermalink





(4) VOLUNTARY PAID BENEFIT- The term ‘voluntary paid benefit’ means a family and medical leave insurance benefit provided under a voluntary plan approved under section 114 for the period involved.CommentsClose CommentsPermalink

SEC. 112. ESTABLISHMENT OF PROGRAM.

(a) Federal Program- The Secretary of Labor shall establish a Family and Medical Insurance Program.CommentsClose CommentsPermalink





(b) State Programs- In carrying out the Federal Program established under subsection (a), the Secretary may--CommentsClose CommentsPermalink





(1) enter into a contract with a State under which--CommentsClose CommentsPermalink





(A) the State agrees to establish, or expand a State program in effect at the date of the enactment of this Act to include, a State Family and Medical Insurance Program that provides the benefits described in this part; andCommentsClose CommentsPermalink





(B) the Secretary agrees to instruct the Managing Trustee of the Family and Medical Leave Insurance Fund, established under section 141, to provide the State funds for such benefits from the Insurance Fund; orCommentsClose CommentsPermalink





(2) at the request of the Governor of a State, enter into an interagency agreement with the Commissioner of Social Security under which--CommentsClose CommentsPermalink





(A) the Commissioner of Social Security agrees to establish a State Family and Medical Insurance Program in such State to provide the benefits described in this part in such State; andCommentsClose CommentsPermalink





(B) the Secretary agrees to instruct the Managing Trustee of the Insurance Fund to provide the Commissioner of Social Security funds for such benefits from the Insurance Fund.CommentsClose CommentsPermalink





(c) State Application- To be eligible to receive a contract under subsection (b)(1), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include information identifying the State agency to carry out the State Family and Medical Insurance Program under subsection (b)(1).CommentsClose CommentsPermalink

SEC. 113. PROGRAM BENEFITS.

(a) Entitlement- Subject to subsections (b), (d), and (e), an eligible employee of a covered employer shall be entitled to a family and medical leave insurance benefit for a total of 12 workweeks of leave during any 12-month period for 1 or more of the following reasons:CommentsClose CommentsPermalink





(1) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.CommentsClose CommentsPermalink





(2) Because of the placement of a son or daughter with the employee for adoption or foster care.CommentsClose CommentsPermalink





(3) In order to care for a child, parent, spouse, domestic partner, grandchild, grandparent, or sibling of the employee and who has a serious health condition.CommentsClose CommentsPermalink





(4) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.CommentsClose CommentsPermalink





(5) Because of any qualifying exigency (as the Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces of the United States in support of a contingency operation.CommentsClose CommentsPermalink





(6) In order to care for a child, parent, spouse, domestic partner, grandchild, grandparent, sibling, or next of kin of the employee who is a covered servicemember as such term is defined in section 101(16) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(16)).CommentsClose CommentsPermalink





(b) Waiting Period- During each 12-month period described in subsection (a), each eligible employee shall be subject to a waiting period of 5 workdays of leave described in subsection (a) (but not more than 7 calendar days), during which a leave benefit shall not be paid to the employee. The waiting period shall not reduce the 12 workweeks of leave benefits available under subsection (a).CommentsClose CommentsPermalink





(c) Benefit Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), an eligible employee’s leave benefit for any workday on which the employee takes leave as described in subsection (a) shall be calculated as--CommentsClose CommentsPermalink





(A) in the case of an employee with an annual income of not more than $20,000, an amount equal to 100 percent of that employee’s daily earnings;CommentsClose CommentsPermalink





(B) in the case of an employee with an annual income of more than $20,000 and not more than $30,000, an amount equal to the greater of--CommentsClose CommentsPermalink





(i) 75 percent of that employee’s daily earnings; orCommentsClose CommentsPermalink





(ii) 100 percent of the daily earnings of an employee with an annual income of $20,000;CommentsClose CommentsPermalink





(C) in the case of an employee with an annual income of more than $30,000 and not more than $60,000, an amount equal to the greater of--CommentsClose CommentsPermalink





(i) 55 percent of that employee’s daily earnings; orCommentsClose CommentsPermalink





(ii) 75 percent of the daily earnings of an employee with an annual income of $30,000;CommentsClose CommentsPermalink





(D) in the case of an employee with an annual income of more than $60,000 and not more than $97,000, an amount equal to the greater of--CommentsClose CommentsPermalink





(i) 40 percent of that employee’s daily earnings; orCommentsClose CommentsPermalink





(ii) 55 percent of the daily earnings of an employee with an annual income of $60,000; andCommentsClose CommentsPermalink





(E) in the case of an employee with an annual income of more than $97,000, an amount equal to 40 percent of the daily earnings of an employee with an annual income of $97,000.CommentsClose CommentsPermalink





(2) INDEXING OF ANNUAL INCOME CATEGORIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall index the annual income amounts specified in paragraph (1) for each calendar year, using the national average wage index, as determined under section 209(k) of the Social Security Act (42 U.S.C. 409(k)).CommentsClose CommentsPermalink





(B) PUBLICATION- Not later than the November 1 preceding each calendar year, the Secretary shall publish in the Federal Register the indexed amount determined under subparagraph (A) for that calendar year.CommentsClose CommentsPermalink





(d) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- To be eligible to receive a family and medical insurance benefit under this part in a State, an eligible employee shall submit an application to the covered agency for the State at such time, in such manner, and containing the information specified in paragraph (3) and such additional information as the agency may require.CommentsClose CommentsPermalink





(2) IRREVOCABILITY FOR SELF-EMPLOYED INDIVIDUALS- An election by a self-employed individual to participate in the Program shall be irrevocable.CommentsClose CommentsPermalink





(3) CERTIFICATION REQUIREMENTS- The covered agency shall require each of the following, as part of the application for benefits under this section in connection with any leave:CommentsClose CommentsPermalink





(A) A certification, submitted in a timely manner, issued by the health care provider of the eligible employee or of the child, spouse, parent, domestic partner, grandchild, grandparent or sibling of the employee, as appropriate, and similar to the certification described section 103(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(b)) in connection with such leave.CommentsClose CommentsPermalink





(B) In any case in which the covered agency has reason to doubt the validity of the certification provided under subparagraph (A), the Secretary may require, at the expense of the covered agency, that the eligible employee obtain the opinion of a second health care provider designated or approved by the agency concerning any information certified under subparagraph (A).CommentsClose CommentsPermalink





(C) In any case in which the second opinion described in subparagraph (B) differs from the opinion in the original certification provided under subparagraph (A), the covered 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 agency and the employee concerning the information certified under subparagraph (A). The opinion of the third health care provider concerning such information shall be considered to be final and shall be binding on the agency and the employee.CommentsClose CommentsPermalink





(e) Payment of Benefits-CommentsClose CommentsPermalink





(1) PAYMENT FROM INSURANCE FUND- Payments of benefits required to be made under this section shall be made only from the Insurance Fund established under section 141.CommentsClose CommentsPermalink





(2) CERTIFICATION AND PAYMENT- On the final decision of a covered agency or on the final judgment of any court of competent jurisdiction pursuant to paragraph (3) that any person is entitled to any payment under this section--CommentsClose CommentsPermalink





(A) the covered agency shall certify to the Managing Trustee of the Board of Trustees of the Insurance Fund the name and address of the person entitled to receive such payment, the amount of such payment, and the time at which such payment shall be made;CommentsClose CommentsPermalink





(B) the Managing Trustee shall pay the certified amount from the Insurance Fund to the covered agency; andCommentsClose CommentsPermalink





(C) the covered agency shall make the payment to the person.CommentsClose CommentsPermalink





(3) REVIEW- Any eligible employee dissatisfied with any initial determination under this section shall be entitled to reconsideration of the determination, and a hearing on the determination, by the Secretary to the same extent as is provided in section 205(b) of the Social Security Act (42 U.S.C. 22 405(b)) and to judicial review of the final decision after such hearing as is provided in section 205(g) of the Social Security Act (42 U.S.C. 405(g)).CommentsClose CommentsPermalink





(4) WITHHOLDING OF CERTIFICATION- In any case in which a review of the covered agency’s decision is or may be sought under paragraph (3), the covered agency may withhold certification of payment pending such review.CommentsClose CommentsPermalink





(5) OTHER COMPENSATION- Except as provided in section 115, no employee shall be eligible to receive paid leave benefits under this part for any period during which--CommentsClose CommentsPermalink





(A) the employee is receiving worker’s compensation or compensation through unemployment insurance in connection with the event for which the employee is taking the leave; orCommentsClose CommentsPermalink





(B) the employee is receiving paid leave benefits from an employer under a voluntary employer plan approved under section 114.CommentsClose CommentsPermalink





(f) Regulations- The Secretary shall issue regulations to carry out this section, including the determination of benefits for leave taken intermittently or on a reduced leave schedule, or for leave taken by a part-time, seasonal, or intermittent employee.CommentsClose CommentsPermalink

SEC. 114. VOLUNTARY EMPLOYER PLAN.

(a) In General- Any employer may submit an application to the Secretary for approval of a voluntary plan. The Secretary may require the employer to resubmit the plan for approval on a annual basis. During a period for which the Secretary has approved a plan, the applicant shall provide a voluntary paid benefit under the plan rather than participating in the Program.CommentsClose CommentsPermalink





(b) Approval- The Secretary shall approve the voluntary plan of the applicant if the Secretary finds each of the following with respect to the applicant:CommentsClose CommentsPermalink





(1) The rights afforded to the employees covered under the plan are equal to or greater than the rights afforded through the Program.CommentsClose CommentsPermalink





(2) The plan has been made available to all of the employees of the applicant employed in the United States or to all employees at any 1 distinct, separate establishment maintained by the applicant in the United States.CommentsClose CommentsPermalink





(3) A majority of the employees of the employer employed in the United States or a majority of the employees employed at any one distinct, separate establishment maintained by the employer in the United States have consented to the plan.CommentsClose CommentsPermalink





(4) The plan provides for insurance to be issued by an admitted disability insurer approved by the Secretary or equivalent insurance (which may be self-insurance).CommentsClose CommentsPermalink





(5) The applicant has consented to the plan and has agreed to make the premium contributions required, if any, and transmit the proceeds to the disability insurer, if any.CommentsClose CommentsPermalink





(6) The plan provides for the inclusion of future employees.CommentsClose CommentsPermalink





(7)(A) The plan will be in effect for a period of not less than 1 year and, thereafter, continuously unless the Secretary finds that the applicant has given notice of intent to terminate the plan, as described in subparagraph (B), and that the fee described in subparagraph (C) has been paid.CommentsClose CommentsPermalink





(B) The notice shall be filed in writing with the Secretary and shall be effective--CommentsClose CommentsPermalink





(i) on the anniversary of the effective date of the plan next following the date of the filing of the notice; orCommentsClose CommentsPermalink





(ii) if such anniversary would occur less than 30 days after the date of the filing of the notice, on the next anniversary of that effective date.CommentsClose CommentsPermalink





(C) The applicant shall pay a fee to the Secretary in such amount as the Secretary determines to be adequate to provide leave benefits under this part to all eligible employees of the applicant for a period of at least 4 months, plus an amount to pay administrative costs related to processing and paying such benefits.CommentsClose CommentsPermalink





(D) Amounts received by the Secretary under this paragraph shall be deposited in the Insurance Fund.CommentsClose CommentsPermalink





(8) The amount of deductions from the wages of an employee that is in effect for the plan shall not be increased on any date other than on the date of an anniversary of the effective date of the plan.CommentsClose CommentsPermalink





(c) Orders and Withdrawal of Approval- If the Secretary finds that a voluntary plan employer is not paying voluntary paid benefits required under the voluntary plan to the employees under the plan, the Secretary may order the employer to make the payments. If the Secretary finds that a voluntary plan employer is not complying with the provisions of the plan, including by not paying voluntary paid benefits required under the plan, the Secretary may revoke the Secretary’s approval for the plan, and require the employer to participate in the Program.CommentsClose CommentsPermalink

SEC. 115. ADDITIONAL BENEFITS.

(a) Additional Employer Benefits-CommentsClose CommentsPermalink





(1) COVERED EMPLOYERS- Nothing in this part shall be construed to discourage a covered employer from providing an additional benefit in conjunction with leave described in section 113(a) to an eligible employee, in addition to the leave benefit provided to that employee. The additional employer benefit shall not reduce the amount of the leave benefit that an eligible employee receives under this part.CommentsClose CommentsPermalink





(2) VOLUNTARY PLAN EMPLOYERS- Nothing in this part shall be construed to discourage a voluntary plan employer from providing an additional benefit in conjunction with leave described in section 113(a) to an employee, in addition to the voluntary paid benefit provided to that employee. The additional employer benefit shall not reduce the amount of the voluntary paid benefit that an employee receives under a voluntary plan described in section 114.CommentsClose CommentsPermalink





(b) Collective Bargaining-CommentsClose CommentsPermalink





(1) MORE PROTECTIVE- Nothing in this part shall be construed to diminish the obligation of a covered employer or voluntary plan employer to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater paid leave rights to employees than the rights established under this part (including rights established under a plan described in section 114).CommentsClose CommentsPermalink





(2) LESS PROTECTIVE- The rights established for employees under this part (including rights established under a plan described in section 114) shall not be diminished by any collective bargaining agreement or any employment benefit program or plan.CommentsClose CommentsPermalink

SEC. 116. PROHIBITED ACTS BY EMPLOYER.

(a) Interference With Rights- It shall be unlawful for any covered employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this part.CommentsClose CommentsPermalink





(b) Discrimination- It shall be unlawful for any covered employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this part.CommentsClose CommentsPermalink





(c) 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--CommentsClose CommentsPermalink





(1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this part;CommentsClose CommentsPermalink





(2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this part; orCommentsClose CommentsPermalink





(3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this part.CommentsClose CommentsPermalink

SEC. 117. ENFORCEMENT.

(a) Civil Action by Employees-CommentsClose CommentsPermalink





(1) LIABILITY- Any covered employer who violates section 116 shall be liable to any eligible employee affected--CommentsClose CommentsPermalink





(A) for damages equal to--CommentsClose CommentsPermalink





(i) the amount of--CommentsClose CommentsPermalink





(I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; orCommentsClose CommentsPermalink





(II) 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 8 weeks of wages or salary for the employee;CommentsClose CommentsPermalink





(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; andCommentsClose CommentsPermalink





(iii) 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 a covered employer who has violated section 116 proves to the satisfaction of the court that the act or omission which violated section 116 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 116, 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; andCommentsClose CommentsPermalink





(B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.CommentsClose CommentsPermalink





(2) RIGHT OF ACTION-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), an action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any covered employer (including a public agency) in any Federal or State court of competent jurisdiction by any 1 or more employees for and on behalf of--CommentsClose CommentsPermalink





(i) the employees; orCommentsClose CommentsPermalink





(ii) the employees and other employees similarly situated.CommentsClose CommentsPermalink





(B) LIMITATION- The right provided by subparagraph (A) to bring an action by or on behalf of any employee shall terminate--CommentsClose CommentsPermalink





(i) on the filing of a complaint by the Secretary in an action under subsection (b)(3) 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; orCommentsClose CommentsPermalink





(ii) on the filing of a complaint by the Secretary in an action under paragraph (1) or (2) of 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),CommentsClose CommentsPermalink





unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Secretary.CommentsClose CommentsPermalink





(3) FEES AND COSTS- The court in an action brought under this subsection shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorneys’ fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.CommentsClose CommentsPermalink





(b) Actions by the Secretary-CommentsClose CommentsPermalink





(1) ADMINISTRATIVE ACTION- The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 116 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).CommentsClose CommentsPermalink





(2) CIVIL ACTION-CommentsClose CommentsPermalink





(A) RIGHT OF ACTION- The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(1)(A).CommentsClose CommentsPermalink





(B) SUMS RECOVERED- Any sums recovered by the Secretary pursuant to this paragraph 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.CommentsClose CommentsPermalink





(3) ACTION FOR INJUNCTION BY THE SECRETARY- The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary--CommentsClose CommentsPermalink





(A) to restrain violations of section 116, 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; orCommentsClose CommentsPermalink





(B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.CommentsClose CommentsPermalink





(4) SOLICITOR OF LABOR- The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection.CommentsClose CommentsPermalink





(c) Limitation-CommentsClose CommentsPermalink





(1) Except as provided in paragraph (2), an action may be brought under subsections (a) or (b) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.CommentsClose CommentsPermalink





(2) WILLFUL VIOLATION- In the case of such action brought for a willful violation of section 116, 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.CommentsClose CommentsPermalink





(3) COMMENCEMENT- In determining when an action is commenced by the Secretary for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed.CommentsClose CommentsPermalink





(d) Investigative Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- To ensure compliance with the provisions of this part, or any regulation or order issued under this part, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)).CommentsClose CommentsPermalink





(2) OBLIGATION TO KEEP AND PRESERVE RECORDS- Any covered employer shall make, keep, and preserve records pertaining to compliance with this part 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. The Secretary shall have access to the records for purposes of conducting audits.CommentsClose CommentsPermalink





(3) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS- The Secretary shall not under the authority of this subsection require any covered 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 part or any regulation or order issued pursuant to this part, or is investigating a charge pursuant to subsection (b).CommentsClose CommentsPermalink





(4) SUBPOENA POWER- 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 (29 U.S.C. 209).CommentsClose CommentsPermalink

SEC. 118. PENALTIES.

(a) Penalties for Submission of False Certifications- If the Secretary finds that any individual submits a false certification of the health condition of any person in order to obtain leave benefits under this part with the intent to defraud, the Secretary shall assess a penalty against the individual in an amount up to 100 percent of the benefits paid as a result of the false certification. Penalties collected under this subsection shall be deposited in the Insurance Fund, notwithstanding the provisions of title 31, United States Code and used to reimburse the covered employers involved for the amount of the leave benefits.CommentsClose CommentsPermalink





(b) Criminal Penalties for False Statements and Solicitations- Whoever--CommentsClose CommentsPermalink





(1) makes or causes to be made any false statement in support of an application for leave benefits under this part;CommentsClose CommentsPermalink





(2) knowingly presents or causes to be presented any false written or oral material statement in support of any claim for leave benefits under this part;CommentsClose CommentsPermalink





(3) knowingly solicits, receives, offers, pays, or accepts any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for soliciting a claimant to apply for leave benefits under this part, except to the extent authorized by a law of the United States; orCommentsClose CommentsPermalink





(4) knowingly assists, abets, solicits, or conspires with any person to engage in an act that is prohibited under paragraph (1), (2), or (3),CommentsClose CommentsPermalink





shall be guilty of a felony and upon conviction shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.CommentsClose CommentsPermalink

SEC. 119. EDUCATION PROGRAMS.

(a) Authority- The Secretary shall develop and maintain a program of education concerning the rights and leave benefits under this part.CommentsClose CommentsPermalink





(b) Notice to Employers- The Secretary shall provide to each covered employer a notice informing employees of the rights and leave benefits available under this part. The notice shall be given by every covered employer to each employee hired, and to each employee taking leave as described in section 113(a).CommentsClose CommentsPermalink

SEC. 120. REGULATIONS.

The Secretary shall issue regulations to carry out this part.CommentsClose CommentsPermalink

SEC. 121. EFFECTIVE DATE.

This part shall take effect on January 1, 2012, and apply to periods of leave that commence on or after January 1, 2013.CommentsClose CommentsPermalink

PART 2--CIVIL SERVICE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM

SEC. 131. PROGRAM DEFINITIONS.

In this part:CommentsClose CommentsPermalink





(1) AGENCY- The term ‘agency’ means an agency covered under subchapter V of chapter 63 of title 5, United States Code.CommentsClose CommentsPermalink





(2) AGENCY EMPLOYEE- The term ‘agency employee’ means an employee who--CommentsClose CommentsPermalink





(A) meets the requirements of paragraph (1) of section 6381 of title 5, United States Code; andCommentsClose CommentsPermalink





(B) has earned wages with an agency for 12 of the last 18 months, prior to filing an application for leave benefits under this part.CommentsClose CommentsPermalink

SEC. 132. ESTABLISHMENT OF PROGRAM.

(a) In General- The Director of the Office of Personnel Management shall establish a Civil Service Family and Medical Leave Insurance Program, and shall issue regulations providing for the implementation of the program. In issuing the regulations, the Director shall require that the Director shall provide, or that the agencies shall provide, family and medical leave insurance benefits described in section 113 to agency employees. The regulations issued under this subsection shall include provisions that are the same as regulations issued by the Secretary to implement the statutory provisions of sections 113, 115, 119, and 120, except insofar as the Director may determine, for good cause shown and stated together with the regulations, that a modification of the regulations would be more effective for the implementation of the rights and protections under those sections. The regulations shall provide for appropriate remedies and procedures for violations of this part.CommentsClose CommentsPermalink





(b) Payment- At the direction of the Director or the head of an agency, as specified in the regulations, the Managing Trustee shall pay funds from the Insurance Fund for the leave benefits.CommentsClose CommentsPermalink

PART 3--FAMILY AND MEDICAL LEAVE INSURANCE FUND

SEC. 141. ESTABLISHMENT.

(a) In General- There is created in the Treasury of the United States a trust fund to be known as the Family and Medical Leave Insurance Fund. The Insurance Fund shall consist of such amounts as may be deposited in, or appropriated to, such fund as provided in this section.CommentsClose CommentsPermalink





(b) Appropriations to Insurance Fund-CommentsClose CommentsPermalink





(1) AMOUNTS APPROPRIATED- There is appropriated to the Insurance Fund for fiscal year 2012 and each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of--CommentsClose CommentsPermalink





(A) the family and medical leave premiums imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or the Secretary’s delegate under subtitle F of such Code after December 31, 2010, as determined by the Secretary of the Treasury by applying the applicable rates of premium payment under such sections to such wages, which wages shall be certified by the Commissioner of Social Security;CommentsClose CommentsPermalink





(B) on the basis of the records of wages established and maintained by the Commissioner of the Social Security Administration in accordance with such reports;CommentsClose CommentsPermalink





(C) the family and medical leave premiums imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury or the Secretary’s delegate on tax returns under subtitle F of such Code after December 31, 2009, as determined by the Secretary of the Treasury by applying the applicable rate of premium payment under such section 1401(c) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security; andCommentsClose CommentsPermalink





(D) on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns.CommentsClose CommentsPermalink





(2) TRANSFERS- Such appropriated amounts shall be transferred from time to time from the general fund of the Treasury to the Insurance Fund. Such amounts shall be determined on the basis of estimates by the Secretary of the Treasury of the premiums, specified in paragraph (1), paid to or deposited into the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than such premiums.CommentsClose CommentsPermalink





(3) INVESTMENTS- All amounts transferred to the Insurance Fund under paragraph (2) shall be invested by the Managing Trustee referred to in section 312(c) in the same manner and to the same extent as the other assets of the Insurance Fund.CommentsClose CommentsPermalink

SEC. 142. BOARD OF TRUSTEES.

(a) Establishment and Membership- With respect to the Insurance Fund, there is established a body to be known as the Board of Trustees of the Insurance Fund which shall be composed of the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, and the Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(b) Terms and Vacancies- Members of the Board of Trustees shall serve for a period of 4 years. A member of the Board of Trustees nominated and confirmed as a member of the public to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member’s term until the earlier of the date on which the member’s successor takes office or the date on which a report of the Board is first issued under paragraph (2) after the expiration of the member’s term.CommentsClose CommentsPermalink





(c) Managing Trustee and Secretary- The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees. The Secretary of Labor shall serve as the Secretary of the Board of Trustees.CommentsClose CommentsPermalink





(d) Basic Duties of the Board of Trustees- The Board of Trustees shall meet not less frequently than once each calendar year. It shall be the duty of the Board of Trustees to--CommentsClose CommentsPermalink





(1) hold the Insurance Fund;CommentsClose CommentsPermalink





(2) report to Congress not later than April 1 of each year--CommentsClose CommentsPermalink





(A) on the operation and status of the Insurance Fund during the fiscal year preceding the fiscal year in which the report is made; andCommentsClose CommentsPermalink





(B) on the expected operation and status of the Insurance Fund during the fiscal year in which the report is made and the next 2 fiscal years;CommentsClose CommentsPermalink





(3) report immediately to Congress whenever the Board is of the opinion that the amount in the Insurance Fund is unduly small; andCommentsClose CommentsPermalink





(4) review the general policies followed in managing the Insurance Fund, and recommend changes in such policies, including necessary changes in the provisions of law that govern the way in which the Insurance Fund is to be managed.CommentsClose CommentsPermalink





(e) Requirements Relating to Annual Report- The report provided for in subsection (d)(2) shall include a statement of the assets of, and the disbursements made from, the Insurance Fund during the fiscal year preceding the fiscal year in which the report is made, an estimate of the expected income to, and disbursements to be made from, the Insurance Fund during the fiscal year in which the report is made and each of the next two fiscal years, and a statement of the actuarial status of the Insurance Fund. Such report shall also include an actuarial opinion by an appropriate employee of the Department of Labor certifying that the techniques and methodologies used for the report are generally accepted within the actuarial profession and that the assumptions and cost estimates used for the report are reasonable.CommentsClose CommentsPermalink





(f) Liability- A person serving as a member of the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Insurance Fund.CommentsClose CommentsPermalink

SEC. 143. INVESTMENT OF THE FAMILY AND MEDICAL LEAVE INSURANCE FUND.

(a) Obligations- It shall be the duty of the Managing Trustee to invest such portion of the Insurance Fund as is not, in the trustee’s judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.CommentsClose CommentsPermalink





(b) Acquisition- The obligations referred to in subsection (a) may be acquired--CommentsClose CommentsPermalink





(1) on original issue at the issue price; orCommentsClose CommentsPermalink





(2) by purchase of outstanding obligations at the market price.CommentsClose CommentsPermalink





(c) Obligations Issued for Purchase by Fund- The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are extended to authorize the issuance at par of public debt obligations for purchase by the Insurance Fund. Such obligations issued for purchase by the Insurance Fund shall have dates of maturity fixed with due regard for the needs of the Insurance Fund. Such obligations shall bear interest at a rate equal to--CommentsClose CommentsPermalink





(1) except as provided in paragraph (2), the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month preceding the date of such issue) on all marketable interest-bearing obligations of the United States forming a part of the public debt that are not due or callable until after the expiration of four years from the end of such calendar month; orCommentsClose CommentsPermalink





(2) in a case in which such average market yield is not a multiple of 0.1 percent, the multiple of 0.1 percent nearest such market yield.CommentsClose CommentsPermalink





(d) Other Obligations- The Managing Trustee may purchase interest-bearing obligations of the United States that are not described in subsection (c) or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price, only in cases in which the trustee determines that the purchase of obligations described in this paragraph is in the public interest.CommentsClose CommentsPermalink





(e) Disposition and Redemption of Obligations- Any obligations acquired by the Insurance Fund (except public debt obligations issued exclusively to the Insurance Fund) may be sold by the Managing Trustee at the market price, and such public debt obligations may be redeemed at par plus accrued interest.CommentsClose CommentsPermalink





(f) Crediting of Interest and Proceeds- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Insurance Fund shall be credited to and form a part of the Insurance Fund.CommentsClose CommentsPermalink

SEC. 144. PAYMENTS FROM FAMILY AND MEDICAL LEAVE INSURANCE FUND.

The Managing Trustee shall pay from time to time from the Insurance Fund such amounts as the Secretary of Labor certifies are necessary to make the payments provided for by section 113, and payments with respect to administrative expenses under section 145.CommentsClose CommentsPermalink

SEC. 145. ADMINISTRATIVE EXPENSES.

(a) Availability of Insurance Fund- Under regulations that shall be prescribed by the Secretary of Labor, funds shall be made available from the Insurance Fund in connection with the administration of this subtitle and the administration of related provisions of the Internal Revenue Code of 1986 in the same manner and extent as funds are made available from the trust funds referred to in section 201(g) of the Social Security Act (42 U.S.C. 401(g)) in connection with the administration of the relevant provisions referred to in such section.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be made available for expenditure such amounts as Congress may determine to be appropriate to pay the costs of the part of the administration of this subtitle (including start-up costs, technical assistance, and costs for small employers electing to participate in the Family and Medical Leave Insurance Program) for which the Secretary of Labor is responsible.CommentsClose CommentsPermalink





(c) Gifts and Bequests- The Managing Trustee may accept on behalf of the United States money gifts and bequests made unconditionally to the Insurance Fund for the benefit of the Insurance Fund or any activity financed through the Insurance Fund and such gifts and bequests shall be deposited into the Insurance Fund.CommentsClose CommentsPermalink





(d) Processing of Tax Data- Section 232 of the Social Security Act (42 U.S.C. 432) shall apply with respect to this subtitle, in the same manner and to the same extent as such section applies with respect to title II of the Social Security Act (42 U.S.C. 401 et seq.).CommentsClose CommentsPermalink

SEC. 146. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

(a) Employee Premiums- Section 3101 of the Internal Revenue Code of 1986 (relating to tax on employees) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(c) Family and Medical Leave Premiums-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the taxes imposed by subsections (a) and (b), there is imposed on the income of every individual a family and medical leave premium equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)).CommentsClose CommentsPermalink





‘(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--CommentsClose CommentsPermalink





‘(A) 0.1 percent with respect to periods of employment by a small employer (as defined in section 103(b) of the Family Leave Insurance Act) electing to participate in the Family and Medical Leave Insurance Program (established under section 112 of such Act); andCommentsClose CommentsPermalink





‘(B) 0.2 percent with respect to all other periods of employment.CommentsClose CommentsPermalink





‘(3) EXCEPTION FOR CERTAIN EMPLOYMENT- Paragraph (1) shall not apply with respect to a period of employment--CommentsClose CommentsPermalink





‘(A) by an employer during which the Secretary of Labor determines the employer has in effect a plan which is equivalent to or better than the Family and Medical Leave Insurance Program (established under section 112 of the Family Leave Insurance Act); orCommentsClose CommentsPermalink





‘(B) by a small employer (as so defined) who has not elected to participate in such Program.CommentsClose CommentsPermalink





For purposes of the preceding sentence, the Secretary of Labor shall prescribe such regulations as may be appropriate or necessary, including regulations requiring documentation of employer programs.’.CommentsClose CommentsPermalink





(b) Employer Premiums- Section 3111 of the Internal Revenue Code of 1986 (relating to tax on employers) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(c) Family and Medical Leave Premiums-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the excise taxes imposed by subsections (a) and (b), there is imposed on every employer a family and medical leave premium, with respect to having individuals in such employer’s employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by such employer with respect to employment (as defined in section 3121(b)).CommentsClose CommentsPermalink





‘(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--CommentsClose CommentsPermalink





‘(A) 0.1 percent with respect to small employers (as defined in section 103(b) of the Family Leave Insurance Act) electing to participate in the Family and Medical Leave Insurance Program (established under section 112 of such Act); andCommentsClose CommentsPermalink





‘(B) 0.2 percent with respect to all other employers.CommentsClose CommentsPermalink





‘(3) EXCEPTION FOR CERTAIN EMPLOYERS- Paragraph (1) shall not apply for any period with respect to an employer to whom paragraph (1) of section 3101(c) does not apply by reason of paragraph (3) thereof.’.CommentsClose CommentsPermalink





(c) Self-Employed Premiums- Section 1401 of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Family and Medical Leave Premiums-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to the taxes imposed by subsections (a) and (b), there is imposed for each taxable year, on the self-employment income of every individual, a family and medical leave premium equal to 0.4 percent of the amount of the self-employment income for such taxable year.CommentsClose CommentsPermalink





‘(2) EXCEPTION FOR CERTAIN EMPLOYERS- Paragraph (1) shall not apply for any period with respect to an employer who has not elected to participate in the Family and Medical Leave Insurance Program (established under section 112 of the Family Leave Insurance Act).’.CommentsClose CommentsPermalink





(d) Conforming Amendments to Social Security Act- Section 201 of the Social Security Act (42 U.S.C. 401) is amended--CommentsClose CommentsPermalink





(1) by striking ‘sections 3101(b) and 3111(b)’ both places it appears in subsection (a)(3) and inserting ‘sections 3101(b), 3101(c), 3111(b), and 3111(c)’, andCommentsClose CommentsPermalink





(2) by striking ‘section 1401(b)’ both places it appears in subsection (a)(4) and inserting ‘sections 1401(b) and 1401(c)’.CommentsClose CommentsPermalink





(e) Effective Date-CommentsClose CommentsPermalink





(1) EMPLOYMENT PREMIUMS- The amendments made by subsections (a), (b), and (d)(1) shall apply to wages paid after December 31, 2010.CommentsClose CommentsPermalink





(2) SELF-EMPLOYMENT PREMIUMS- The amendments made by subsections (c) and (d)(2) shall apply to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink

Subtitle B--Family and Medical Leave Enhancement ActCommentsClose CommentsPermalink

SEC. 151. SHORT TITLE.

This subtitle may be cited as the ‘Family and Medical Leave Enhancement Act’.CommentsClose CommentsPermalink

SEC. 152. ELIGIBLE EMPLOYEE.

Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ‘less than 50’ each place it appears and inserting ‘fewer than 25’.CommentsClose CommentsPermalink

SEC. 153. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS.

(a) Leave Requirement- Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to--CommentsClose CommentsPermalink





‘(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; orCommentsClose CommentsPermalink





‘(ii) meet routine family medical care needs, including for medical and dental appointments of the employee or a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.CommentsClose CommentsPermalink





‘(B) LIMITATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An eligible employee is entitled to--CommentsClose CommentsPermalink





‘(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; andCommentsClose CommentsPermalink





‘(II) not to exceed 24 hours of leave under this paragraph during any 12-month period.CommentsClose CommentsPermalink





‘(ii) COORDINATION RULE- Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.CommentsClose CommentsPermalink





‘(C) DEFINITIONS- As used in this paragraph:CommentsClose CommentsPermalink





‘(i) SCHOOL- The term ‘school’ means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), or a child care facility.CommentsClose CommentsPermalink





‘(ii) COMMUNITY ORGANIZATION- The term ‘community organization’ means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.’.CommentsClose CommentsPermalink





(b) Schedule- Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ‘Leave under subsection (a)(6) may be taken intermittently or on a reduced leave schedule.’.CommentsClose CommentsPermalink





(c) Substitution of Paid Leave- Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) PARENTAL INVOLVEMENT LEAVE AND FAMILY WELLNESS LEAVE- 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 any leave under subsection (a)(6). In addition, an eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for leave provided under clause (ii) of subsection (a)(6)(A) for any part of the leave under such clause, 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. If the employee elects or the employer requires the substitution of accrued paid leave for leave provided under subsection (a)(6)(A), the employer shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this Act.’.CommentsClose CommentsPermalink





(d) Notice- Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) NOTICE RELATING TO PARENTAL INVOLVEMENT AND FAMILY WELLNESS LEAVE- In any case in which an employee requests leave under paragraph (6) of subsection (a), the employee shall--CommentsClose CommentsPermalink





‘(A) provide the employer with not less than 7 days’ notice or as much notice as is practicable before the date the leave is to be taken, of the employee’s intention to take leave under such paragraph; andCommentsClose CommentsPermalink





‘(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).’.CommentsClose CommentsPermalink





(e) Certification- Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Certification Related to Parental Involvement and Family Wellness Leave- An employer may require that a request for leave under section 102(a)(6) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.’.CommentsClose CommentsPermalink





(f) Definition of Grandchild- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(20) GRANDCHILD- The term ‘grandchild’ means a son or daughter of an employee’s son or daughter.’.CommentsClose CommentsPermalink

SEC. 154. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS.

(a) Leave Requirement- Section 6382(a) of title 5, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall be entitled to leave under this paragraph to--CommentsClose CommentsPermalink





‘(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; orCommentsClose CommentsPermalink





‘(ii) meet routine family medical care needs, including for medical and dental appointments of a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.CommentsClose CommentsPermalink





‘(B)(i) An employee is entitled to--CommentsClose CommentsPermalink





‘(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; andCommentsClose CommentsPermalink





‘(II) not to exceed 24 hours of leave under this paragraph during any 12-month period.CommentsClose CommentsPermalink





‘(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.CommentsClose CommentsPermalink





‘(C) For the purpose of this paragraph--CommentsClose CommentsPermalink





‘(i) the term ‘school’ means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), a Head Start program assisted under the Head Start Act, and a child care facility licensed under State law; andCommentsClose CommentsPermalink





‘(ii) the term ‘community organization’ means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.’.CommentsClose CommentsPermalink





(b) Schedule- Section 6382(b)(1) of such title is amended--CommentsClose CommentsPermalink





(1) by inserting after the second sentence the following new sentence: ‘Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.’; andCommentsClose CommentsPermalink





(2) in the last sentence, by striking ‘involved,’ and inserting ‘involved (or, in the case of leave under subsection (a)(5), for purposes of any 30-day or 12-month period),’.CommentsClose CommentsPermalink





(c) Substitution of Paid Leave- Section 6382(d) of such title is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after the subsection designation; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) An employee may elect to substitute for leave under subsection (a)(5), any of the employee’s accrued or accumulated annual or sick leave under subchapter I. If the employee elects to substitute accumulated annual or sick leave for leave provided under subsection (a)(5), the employing agency shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this subchapter.’.CommentsClose CommentsPermalink





(d) Notice- Section 6382(e) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall--CommentsClose CommentsPermalink





‘(A) provide the employing agency with not less than 7 days’ notice, before the date the leave is to be taken, of the employee’s intention to take leave under such paragraph; andCommentsClose CommentsPermalink





‘(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).’.CommentsClose CommentsPermalink





(e) Certification- Section 6383(f) of such title is amended by striking ‘6382(a)(3)’ and inserting ‘paragraph (3) or (5) of section 6382(a)’.CommentsClose CommentsPermalink





(f) Definition of Grandchild- Section 6381 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (11), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (12), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(13) the term ‘grandchild’ means a son or daughter of an employee’s son or daughter.’.CommentsClose CommentsPermalink

Subtitle C--Domestic Violence Leave ActCommentsClose CommentsPermalink

SEC. 161. SHORT TITLE.

This subtitle may be cited as the ‘Domestic Violence Leave Act’.CommentsClose CommentsPermalink

SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING.

(a) Authority for Leave- Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) In order to care for the family member of the employee, if such family member is addressing domestic violence, sexual assault, or stalking and their effects.CommentsClose CommentsPermalink





‘(G) Because the employee is addressing domestic violence, sexual assault, or stalking and their effects, the employee is unable to perform any of the functions of the position of such employee.’.CommentsClose CommentsPermalink





(b) Definitions- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as amended by section 193(f)) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(21) DOMESTIC VIOLENCE- The term ‘domestic violence’ has the meaning given such term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925), and includes dating violence, as such term is defined in such section.CommentsClose CommentsPermalink





‘(22) SEXUAL ASSAULT- The term ‘sexual assault’ has the meaning given that term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).CommentsClose CommentsPermalink





‘(23) STALKING- The term ‘stalking’ has the meaning given such term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).CommentsClose CommentsPermalink





‘(24) ADDRESSING DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING AND THEIR EFFECTS- The term ‘addressing domestic violence, sexual assault, or stalking and their effects’ means--CommentsClose CommentsPermalink





‘(A) seeking medical attention for or recovering from injuries caused by domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(B) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(C) attending support groups for victims of domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(D) obtaining psychological counseling related to experiences of domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(E) participating in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation; andCommentsClose CommentsPermalink





‘(F) participating in any other activity necessitated by domestic violence, sexual assault, or stalking which must be undertaken during hours of employment.CommentsClose CommentsPermalink





‘(25) FAMILY MEMBER- The term ‘family member’, used with respect to a person, means an individual who is a spouse, domestic partner, parent, son or daughter (including an adult son or daughter) of that person.’.CommentsClose CommentsPermalink





(c) Intermittent or Reduced Leave- Section 102(b)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(b)(1)) (as amended by section 193(b)) is further amended by inserting before the last sentence: ‘Subject to subsection (e)(4) and 103(g), leave under subparagraph (F) or (G) of subsection (a)(1) may be taken by an employee intermittently or on a reduced leave schedule.’.CommentsClose CommentsPermalink





(d) Paid Leave- Section 102(d)(2)(B) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(B)) is amended by inserting at the end the following: ‘An eligible employee may elect to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subparagraph (F) or (G) 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.’.CommentsClose CommentsPermalink





(e) Notice- Section 102(e) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)) (as amended by section 193(d)), is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) NOTICE FOR LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING- In any case in which the necessity for leave under subparagraph (F) or (G) of subsection (a)(1) is foreseeable based on a scheduled appointment or planned activity to address domestic violence, sexual assault, or stalking and their effects, the employee shall provide such notice to the employer as is reasonable and practicable.’.CommentsClose CommentsPermalink





(f) Certification and Confidentiality- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) (as amended by section 193(e)) is further amended--CommentsClose CommentsPermalink





(1) in the title, by adding before the period the following: ‘; confidentiality’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Certification Related to Domestic Violence, Sexual Assault, or Stalking-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In determining if an employee meets the requirements of subparagraph (F) or (G) of section 102(a)(1), the employer of an employee may require the employee to provide written certification. Certification under this paragraph shall be sufficient if it includes--CommentsClose CommentsPermalink





‘(A) documentation of the domestic violence, sexual assault, or stalking, such as police or court records, or documentation of the domestic violence, sexual assault, or stalking from a shelter worker, attorney, clergy, or medical or other professional from whom the employee or family member of the employee has sought assistance in addressing domestic violence, sexual assault, or stalking and their effects;CommentsClose CommentsPermalink





‘(B) other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of domestic violence, sexual assault, or stalking, such as photographs, or torn or bloody clothes; orCommentsClose CommentsPermalink





‘(C) at the election of the employee, where documentation described in subparagraph (A) and corroborating evidence described in subparagraph (B) is not available, a written statement describing the domestic violence, sexual assault, or stalking and their effects.CommentsClose CommentsPermalink





‘(2) CONFIDENTIALITY- All evidence of domestic violence, sexual assault, or stalking provided to an employer under this subsection, including an employee’s statement, any corroborating evidence, and the fact that an employee has requested leave for the purpose of addressing domestic violence, sexual assault, or stalking and their effects, shall be retained in the strictest confidence by the employer, except to the extent consented to by the employee where disclosure is necessary to--CommentsClose CommentsPermalink





‘(A) protect the safety of the employee or family member of the employee; orCommentsClose CommentsPermalink





‘(B) assist in documenting domestic violence, sexual assault, or stalking for a court or law enforcement agency.’.CommentsClose CommentsPermalink





(g) Table of Contents- The table of contents in section 1(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. prec. 2601) is amended by striking the item relating to section 103 and inserting the following:CommentsClose CommentsPermalink





‘103. Certification; confidentiality.’.CommentsClose CommentsPermalink

SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS.

(a) Definitions-CommentsClose CommentsPermalink





(1) INCLUSION OF SAME-SEX SPOUSES- Section 101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is amended, by inserting ‘, and, notwithstanding section 7 of title I, United States Code, includes a spouse of the same sex as the employee as determined under applicable State law’ before the period.CommentsClose CommentsPermalink





(2) INCLUSION CHILDREN OF A DOMESTIC PARTNER- Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended by inserting ‘a child of an individual’s domestic partner,’ after ‘a legal ward,’.CommentsClose CommentsPermalink





(3) INCLUSION DOMESTIC PARTNERS- Section 101 of such Act (as amended by section 162) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(25) DOMESTIC PARTNER- The term ‘domestic partner’ means--CommentsClose CommentsPermalink





‘(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; orCommentsClose CommentsPermalink





‘(B) in the case of an unmarried employee who resides in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee’s domestic partner.’.CommentsClose CommentsPermalink





(b) Leave Requirement- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(C), by striking ‘spouse,’ both places it appears and inserting ‘spouse or domestic partner,’;CommentsClose CommentsPermalink





(2) in subsection (a)(1)(E), by striking spouse, and inserting ‘spouse or domestic partner,’;CommentsClose CommentsPermalink





(3) in subsection (a)(3), by striking ‘spouse,’ and inserting ‘spouse or domestic partner,’;CommentsClose CommentsPermalink





(4) in subsection (e)(2)(A), by inserting ‘domestic partner,’ after ‘spouse,’;CommentsClose CommentsPermalink





(5) in subsection (e)(3), by inserting ‘domestic partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(6) in subsection (f)--CommentsClose CommentsPermalink





(A) in the subsection heading, by inserting ‘or Domestic Partners’ after ‘Spouses’;CommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘a husband and wife’ and inserting ‘both spouses or both domestic partners’;CommentsClose CommentsPermalink





(C) in paragraph (2)(A), by striking ‘that husband and wife’ and inserting ‘spouses or both domestic partners’; andCommentsClose CommentsPermalink





(D) in paragraph (2)(B), by striking ‘the husband and wife’ and inserting ‘both spouses or both domestic partners’.CommentsClose CommentsPermalink





(c) Certification- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘domestic partner,’ after ‘spouse,’;CommentsClose CommentsPermalink





(2) in subsection (b)(4)(A), by inserting ‘domestic partner,’ after ‘spouse,’ both places it appears; andCommentsClose CommentsPermalink





(3) in subsection (b)(7), by inserting ‘domestic partner,’ after ‘spouse,’.CommentsClose CommentsPermalink





(d) Employment and Benefits Protection- Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(i), by inserting ‘domestic partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(2) in subparagraph (C)(ii), by inserting ‘domestic partner,’ after ‘spouse,’.CommentsClose CommentsPermalink

SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOYEES FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING.

(a) Authority for Leave- Section 6382(a)(1) of title 5, United States Code is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) In order to care for the family member of the employee, if such family member is addressing domestic violence, sexual assault, or stalking and their effects.CommentsClose CommentsPermalink





‘(G) Because the employee is addressing domestic violence, sexual assault, or stalking and their effects, the employee is unable to perform any of the functions of the position of such employee.’.CommentsClose CommentsPermalink





(b) Definitions- Section 6381 of title 5, United States Code (as amended by section 154(f)) is amended--CommentsClose CommentsPermalink





(1) at the end of paragraph (10), by striking ‘and’;CommentsClose CommentsPermalink





(2) in paragraph (11), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(14) the terms ‘domestic violence’, ‘sexual assault’, and ‘stalking’ all have the meaning given such terms in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925), and the term ‘domestic violence’ includes dating violence, as such term is defined in such section;CommentsClose CommentsPermalink





‘(15) the term ‘addressing domestic violence, sexual assault, or stalking and their effects’ means--CommentsClose CommentsPermalink





‘(A) seeking medical attention for or recovering from injuries caused by domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(B) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(C) attending support groups for victims of domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(D) obtaining psychological counseling related to experiences of domestic violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(E) participating in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation; andCommentsClose CommentsPermalink





‘(F) participating in any other activity necessitated by domestic violence, sexual assault, or stalking which must be undertaken during hours of employment; andCommentsClose CommentsPermalink





‘(16) the term ‘family member’, used with respect to a person, means an individual who is a spouse, domestic partner, parent, son or daughter (including an adult son or daughter) of that person;’.CommentsClose CommentsPermalink





(c) Intermittent or Reduced Leave- Section 6382(b) of title 5, United States Code, (as amended by section 154(b)) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) Leave under subparagraph (E) or (F) of subsection (a)(1) may be taken by an employee intermittently or on a reduced leave schedule. 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.’.CommentsClose CommentsPermalink





(d) Other Leave- Section 6382(d) of title 5, United States Code, (as amended by section 154(c)) is further amended by striking ‘(C), or (D)’ and inserting ‘(C), (D), (E), or (F)’.CommentsClose CommentsPermalink





(e) Notice- Section 6282(e) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) In any case in which the necessity for leave under subparagraph (F) or (G) of subsection (a)(1) is foreseeable based on a scheduled appointment or planned activity to address domestic violence, sexual assault, or stalking and their effects, the employee shall provide such notice to the employing agency as is reasonable and practicable.’.CommentsClose CommentsPermalink





(f) Certification- Section 6383 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) In determining if an employee meets the requirements of subparagraph (E) or (F) of section 6382(a)(1), the employing agency of an employee may require the employee to provide written certification. Certification under this subsection shall be sufficient if it includes--CommentsClose CommentsPermalink





‘(1) documentation of the domestic violence, sexual assault, or stalking, such as police or court records, or documentation of the domestic violence, sexual assault, or stalking from a shelter worker, attorney, clergy, or medical or other professional from whom the employee or family member of the employee has sought assistance in addressing domestic violence, sexual assault, or stalking and their effects;CommentsClose CommentsPermalink





‘(2) other corroborating evidence, such as a statement from any other individual with knowledge of the circumstances which provide the basis for the claim, or physical evidence of domestic violence, sexual assault, or stalking, such as photographs or torn or bloody clothes; orCommentsClose CommentsPermalink





‘(3) at the election of the employee, where documentation described in paragraph (1) and corroborating evidence described in paragraph (2) is not available, a written statement describing the domestic violence, sexual assault, or stalking and their effects.’.CommentsClose CommentsPermalink





(g) Confidentiality- Section 6383 of title 5, United States Code, as amended by subsection (f), is amended--CommentsClose CommentsPermalink





(1) in the section heading, by adding before the period the following: ‘; confidentiality’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(g) All evidence of domestic violence, sexual assault, or stalking provided to an employing agency under this subsection, including an employee’s statement, any corroborating evidence, and the fact that an employee has requested leave for the purpose of addressing domestic violence, sexual assault, or stalking and their effects, shall be retained in the strictest confidence by the employing agency, except to the extent consented to by the employee where disclosure is necessary to--CommentsClose CommentsPermalink





‘(1) protect the safety of the employee or family member of the employee; orCommentsClose CommentsPermalink





‘(2) assist in documenting domestic violence, sexual assault, or stalking for a court or law enforcement agency.’.CommentsClose CommentsPermalink





(h) Table of Sections- The table of sections for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6383 and inserting the following:CommentsClose CommentsPermalink





‘6383. Certification; confidentiality.’.CommentsClose CommentsPermalink

SEC. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMESTIC PARTNERS FOR LEAVE FOR FEDERAL EMPLOYEES.

(a) Definitions- Section 6381 of title 5, United States Code, (as amended by section 164) is further amended--CommentsClose CommentsPermalink





(1) in paragraph (6), by inserting ‘a child of an individual’s domestic partner,’ after ‘a legal ward,’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(17) the term ‘spouse’ means a husband or wife, as the case may be, and, notwithstanding section 7 of title I, United States Code, includes a spouse of the same sex as the employee as determined under applicable State law; andCommentsClose CommentsPermalink





‘(18) the term ‘domestic partner’ means--CommentsClose CommentsPermalink





‘(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; orCommentsClose CommentsPermalink





‘(B) in the case of an unmarried employee who resides in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employing agency by such employee as that employee’s domestic partner.’.CommentsClose CommentsPermalink





(b) Leave Requirement- Section 6382 of title 5, United States Code, is further amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(C), by striking ‘spouse,’ both places it appears and inserting ‘spouse or domestic partner,’;CommentsClose CommentsPermalink





(2) in subsection (a)(3), by striking ‘spouse,’ and inserting ‘spouse or domestic partner,’; andCommentsClose CommentsPermalink





(3) in subsection (e)(2)(A), by inserting ‘domestic partner,’ after ‘spouse,’.CommentsClose CommentsPermalink





(c) Certification- Section 6383 of title 5, United States Code, is further amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘domestic partner,’ after ‘spouse,’; andCommentsClose CommentsPermalink





(2) in subsection (b)(4)(A), by inserting ‘domestic partner,’ after ‘spouse,’ both places it appears.CommentsClose CommentsPermalink

Subtitle D--Healthy Families ActCommentsClose CommentsPermalink

SEC. 171. SHORT TITLE.

This subtitle may be cited as the ‘Healthy Families Act’.CommentsClose CommentsPermalink

SEC. 172. PURPOSES.

The purposes of this subtitle are--CommentsClose CommentsPermalink





(1) to ensure that all working Americans can address their own health needs and the health needs of their families by requiring employers to permit employees to earn up to 56 hours of paid sick time including paid time for family care;CommentsClose CommentsPermalink





(2) to diminish public and private health care costs by enabling workers to seek early and routine medical care for themselves and their family members;CommentsClose CommentsPermalink





(3) to assist employees who are, or whose family members are, victims of domestic violence, sexual assault, or stalking, by providing the employees with paid time away from work to allow the victims to receive treatment and to take the necessary steps to ensure their protection;CommentsClose CommentsPermalink





(4) to accomplish the purposes described in paragraphs (1) through (3) in a manner that is feasible for employers; andCommentsClose CommentsPermalink





(5) consistent with the provision of the 14th amendment to the Constitution relating to equal protection of the laws, and pursuant to Congress’ power to enforce that provision under section 5 of that amendment--CommentsClose CommentsPermalink





(A) to accomplish the purposes described in paragraphs (1) through (3) in a manner that minimizes the potential for employment discrimination on the basis of sex by ensuring generally that paid sick time is available for eligible medical reasons on a gender-neutral basis; andCommentsClose CommentsPermalink





(B) to promote the goal of equal employment opportunity for women and men.CommentsClose CommentsPermalink

SEC. 173. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) CHILD- The term ‘child’ means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is--CommentsClose CommentsPermalink





(A) under 18 years of age; orCommentsClose CommentsPermalink





(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.CommentsClose CommentsPermalink





(2) DOMESTIC VIOLENCE- The term ‘domestic violence’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the reference in such section to the term ‘jurisdiction receiving grant monies’ shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located.CommentsClose CommentsPermalink





(3) EMPLOYEE- The term ‘employee’ means an individual who is--CommentsClose CommentsPermalink





(A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (4)(A); orCommentsClose CommentsPermalink





(ii) an employee of the Government Accountability Office;CommentsClose CommentsPermalink





(B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a));CommentsClose CommentsPermalink





(C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;CommentsClose CommentsPermalink





(D) a covered employee, as defined in section 411(c) of title 3, United States Code; orCommentsClose CommentsPermalink





(E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code.CommentsClose CommentsPermalink





(4) EMPLOYER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘employer’ means a person who is--CommentsClose CommentsPermalink





(i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);CommentsClose CommentsPermalink





(II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;CommentsClose CommentsPermalink





(III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;CommentsClose CommentsPermalink





(IV) an employing office, as defined in section 411(c) of title 3, United States Code; orCommentsClose CommentsPermalink





(V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; andCommentsClose CommentsPermalink





(ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).CommentsClose CommentsPermalink





(B) COVERED EMPLOYER-CommentsClose CommentsPermalink





(i) IN GENERAL- In subparagraph (A)(i)(I), the term ‘covered employer’--CommentsClose CommentsPermalink





(I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;CommentsClose CommentsPermalink





(II) includes--CommentsClose CommentsPermalink

(aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; andCommentsClose CommentsPermalink

(bb) any successor in interest of an employer;CommentsClose CommentsPermalink

(III) includes any ‘public agency’, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); andCommentsClose CommentsPermalink





(IV) includes the Government Accountability Office and the Library of Congress.CommentsClose CommentsPermalink





(ii) PUBLIC AGENCY- For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.CommentsClose CommentsPermalink





(iii) DEFINITIONS- For purposes of this subparagraph:CommentsClose CommentsPermalink





(I) 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)).CommentsClose CommentsPermalink





(II) EMPLOYEE- The term ‘employee’ has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)).CommentsClose CommentsPermalink





(III) 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)).CommentsClose CommentsPermalink





(C) PREDECESSORS- Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.CommentsClose CommentsPermalink





(5) 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)).CommentsClose CommentsPermalink





(6) HEALTH CARE PROVIDER- The term ‘health care provider’ means a provider who--CommentsClose CommentsPermalink





(A)(i) is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; orCommentsClose CommentsPermalink





(ii) is any other person determined by the Secretary to be capable of providing health care services; andCommentsClose CommentsPermalink





(B) is not employed by an employer for whom the provider issues certification under this subtitle.CommentsClose CommentsPermalink





(7) PAID SICK TIME- The term ‘paid sick time’ means an increment of compensated leave that can be earned by an employee for use during an absence from employment for any of the reasons described in paragraphs (1) through (4) of section 5(b).CommentsClose CommentsPermalink





(8) PARENT- The term ‘parent’ means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child.CommentsClose CommentsPermalink





(9) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.CommentsClose CommentsPermalink





(10) SEXUAL ASSAULT- The term ‘sexual assault’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).CommentsClose CommentsPermalink





(11) SPOUSE- The term ‘spouse’, with respect to an employee, has the meaning given such term by the marriage laws of the State in which the employee resides.CommentsClose CommentsPermalink





(12) STALKING- The term ‘stalking’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).CommentsClose CommentsPermalink





(13) VICTIM SERVICES ORGANIZATION- The term ‘victim services organization’ means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.CommentsClose CommentsPermalink