HR 1440
112th CONGRESS
1st Session
H. R. 1440
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, 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 family medical needs and to assist elderly relatives, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
April 8, 2011
Mrs. MALONEY (for herself, Mr. GEORGE MILLER of California, Ms. NORTON, Mr.
NADLER, Mr. LEWIS of Georgia, Mr. ELLISON, and Mr. MCGOVERN) 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 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
A BILL
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, 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 family 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
2011'.
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 appears
and inserting `fewer than 25'.
SEC. 3. 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:
`(5) ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY
WELLNESS-
`(A) IN GENERAL- Subject to subparagraph (B) and section 103(g), an eligible
employee shall be entitled to leave under this paragraph to--
`(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; or
`(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.
`(i) IN GENERAL- An eligible employee is entitled to--
`(I) not to exceed 4 hours of leave under this paragraph during any
30-day period; and
`(II) not to exceed 24 hours of leave under this paragraph during
any 12-month period.
`(ii) COORDINATION RULE- Leave under this paragraph shall be in addition
to any leave provided under any other paragraph of this subsection.
`(C) DEFINITIONS- As used in this paragraph:
`(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.
`(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 third sentence the following new sentence: `Leave under
subsection (a)(5) may be taken intermittently or on a reduced leave schedule.'.
(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:
`(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)(5). 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)(5)(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)(5)(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.'.
(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:
`(4) NOTICE RELATING TO PARENTAL INVOLVEMENT AND FAMILY WELLNESS LEAVE-
In any case in which an employee requests leave under paragraph (5) of subsection
(a), the employee shall--
`(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; and
`(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).'.
(e) Certification- Section 103 of such Act (29 U.S.C. 2613) is amended by
adding at the end the following new subsection:
`(g) Certification Related to Parental Involvement and Family Wellness Leave-
An employer may require that a request for leave under section 102(a)(5) be
supported by a certification issued at such time and in such manner as the
Secretary may by regulation prescribe.'.
(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:
`(14) GRANDCHILD- The term `grandchild' means a son or daughter of an employee's
son or daughter.'.
SEC. 4. 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:
`(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall
be entitled to leave under this paragraph to--
`(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; or
`(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.
`(B)(i) An employee is entitled to--
`(I) not to exceed 4 hours of leave under this paragraph during any 30-day
period; and
`(II) not to exceed 24 hours of leave under this paragraph during any 12-month
period.
`(ii) Leave under this paragraph shall be in addition to any leave provided
under any other paragraph of this subsection.
`(C) For the purpose of this paragraph--
`(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; and
`(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--
(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.'; and
(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),'.
(c) Substitution of Paid Leave- Section 6382(d) of such title is amended--
(1) by inserting `(1)' after the subsection designation; and
(2) by adding at the end the following:
`(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.'.
(d) Notice- Section 6382(e) of such title is amended by adding at the end
the following new paragraph:
`(3) In any case in which an employee requests leave under paragraph (5) of
subsection (a), the employee shall--
`(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; and
`(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).'.
(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)'.
(f) Definition of Grandchild- Section 6381 of title 5, United States Code,
is amended--
(1) in paragraph (10), by striking `and' at the end;
(2) in paragraph (11), by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(12) the term `grandchild' means a son or daughter of an employee's son
or daughter.'.
END
