To amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine medical needs and to assist elderly relatives, and for other purposes.

February 27, 2003

Mrs. MALONEY (for herself, Mr. FROST, Mr. CROWLEY, Mr. SERRANO, Mr. NADLER, Mr. VAN HOLLEN, Ms. SCHAKOWSKY, Ms. NORTON, Ms. MILLENDER-MCDONALD, Mrs. NAPOLITANO, Mr. MCDERMOTT, Mr. OWENS, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Government Reform and House Administration, 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 concerned

To amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine medical needs and to assist elderly relatives, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Family and Medical Leave Enhancement Act of 2003'.

SEC. 2. 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 occurs and inserting `fewer than 25'.

SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT.

(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:

`(3) ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT-

`(A) IN GENERAL- Subject to section 103(f), in addition to leave available under paragraph (1), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that--

`(i) is sponsored by a school or community organization; and

`(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee.

`(B) DEFINITIONS- As used in this paragraph:

`(i) SCHOOL- The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.

`(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.'.

(b) SCHEDULE- Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: `Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.'.

(c) SUBSTITUTION OF PAID LEAVE- Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended--

(1) by striking `under' and inserting the following: `under--

`(i)'; and

(2) inserting before the period at the end the following: `; or

`(ii) subsection (a)(3)(A) for any part of the 24-hour period of such leave under such subsection'.

(d) NOTICE- Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: `In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.'.

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

`(f) CERTIFICATION FOR PARENTAL INVOLVEMENT LEAVE- An employer may require that a request for

leave under section 102(a)(3)(A) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.'.

SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.

(a) LEAVE REQUIREMENT- Section 6382(a) of title 5, United States Code, is amended by adding at the end the following:

`(3)(A) Subject to section 6383(f), in addition to leave available under paragraph (1), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that--

`(i) is sponsored by a school or community organization; and

`(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee.

`(B) For the purpose of this paragraph:

`(i) The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.

`(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.'.

(b) SCHEDULE- Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: `Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.'.

(c) SUBSTITUTION OF PAID LEAVE- Section 6382(d) of such title is amended by inserting before `, except' the following: `, or for leave provided under subsection (a)(3)(A) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection'.

(d) NOTICE- Section 6382(e)(1) of such title is amended by adding at the end the following: `In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.'.

(e) CERTIFICATION- Section 6383 of such title is amended by adding at the end the following:

`(f) An employing agency may require that a request for leave under section 6382(a)(3)(A) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.'.

SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT.

Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and section 6382(a)(1) of title 5, United States Code, are each amended by adding at the end the following:

`(E) In order to meet routine family medical needs, including transportation of a son or daughter or a grandchild for medical and dental appointments for annual checkups and vaccinations.

`(F) In order to meet the routine medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.'.

SEC. 6. DEFINITION OF GRANDCHILD.

(a) NON-CIVIL-SERVICE EMPLOYEES- Section 101 of the Family and Medical Leave Act (29 U.S.C. 2611) is amended by adding at the end the following new paragraph:

`(14) GRANDCHILD- The term `grandchild' means a son or daughter of an employee's child.'.

(b) CIVIL SERVICE EMPLOYEES- Section 6381 of title 5, United States Code, is amended--

(1) in paragraph (5)(B), by striking `and' at the end;

(2) in paragraph (6)(B), by striking the period at the end and inserting `; and'; and

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

`(7) the term `grandchild' means a son or daughter of an employee's child.'.

END