[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Enrolled Bill (ENR)]
H.R.1
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To grant family and temporary medical leave under certain circumstances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Act of 1993''.
(b) Table of Contents.--The table of contents is as follows:

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TITLE I

-GENERAL REQUIREMENTS FOR LEAVE

(a) Findings.--Congress finds that--
(1) the number of single-parent households and two-parent
households in which the single parent or both parents work is
increasing significantly;
(2) it is important for the development of children and the
family unit that fathers and mothers be able to participate in early
childrearing and the care of family members who have serious health
conditions;
(3) the lack of employment policies to accommodate working
parents can force individuals to choose between job security and
parenting;
(4) there is inadequate job security for employees who have
serious health conditions that prevent them from working for
temporary periods;
(5) due to the nature of the roles of men and women in our
society, the primary responsibility for family caretaking often
falls on women, and such responsibility affects the working lives of
women more than it affects the working lives of men; and
(6) employment standards that apply to one gender only have
serious potential for encouraging employers to discriminate against
employees and applicants for employment who are of that gender.
(b) Purposes.--It is the purpose of this Act--
(1) to balance the demands of the workplace with the needs of
families, to promote the stability and economic security of
families, and to promote national interests in preserving family
integrity;
(2) to entitle employees to take reasonable leave for medical
reasons, for the birth or adoption of a child, and for the care of a
child, spouse, or parent who has a serious health condition;
(3) to accomplish the purposes described in paragraphs (1) and
(2) in a manner that accommodates the legitimate interests of
employers;
(4) to accomplish the purposes described in paragraphs (1) and
(2) in a manner that, consistent with the Equal Protection Clause of
the Fourteenth Amendment, minimizes the potential for employment
discrimination on the basis of sex by ensuring generally that leave
is available for eligible medical reasons (including maternity-
related disability) and for compelling family reasons, on a gender-
neutral basis; and
(5) to promote the goal of equal employment opportunity for
women and men, pursuant to such clause.

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TITLE VI

-SENSE OF CONGRESS

As used in this title:
(1) 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)).
(2) Eligible employee.--
(A) In general.--The term ``eligible employee'' means an
employee who has been employed--
(i) for at least 12 months by the employer with respect
to whom leave is requested under section 102; and
(ii) for at least 1,250 hours of service with such
employer during the previous 12-month period.
(B) Exclusions.--The term ``eligible employee'' does not
include--
(i) any Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States Code
(as added by title II of this Act); or
(ii) any employee of an employer who is employed at a
worksite at which such employer employs less than 50
employees if the total number of employees employed by that
employer within 75 miles of that worksite is less than 50.
(C) Determination.--For purposes of determining whether an
employee meets the hours of service requirement specified in
subparagraph (A)(ii), the legal standards established under
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) shall apply.
(3) Employ; employee; state.--The terms ``employ'',
``employee'', and ``State'' have the same meanings given such terms
in subsections (c), (e), and (g) of section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203 (c), (e), and (g)).
(4) Employer.--
(A) In general.--The term ``employer''--
(i) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 50 or
more employees for each working day during each of 20 or
more calendar workweeks in the current or preceding calendar
year;
(ii) includes--
(I) any person who acts, directly or indirectly, in
the interest of an employer to any of the employees of
such employer; and
(II) any successor in interest of an employer; and
(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)).
(B) Public agency.--For purposes of subparagraph (A)(iii), a
public agency shall be considered to be a person engaged in
commerce or in an industry or activity affecting commerce.
(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)).
(6) Health care provider.--The term ``health care provider''
means--
(A) a doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in
which the doctor practices; or
(B) any other person determined by the Secretary to be
capable of providing health care services.
(7) Parent.--The term ``parent'' means the biological parent of
an employee or an individual who stood in loco parentis to an
employee when the employee was a son or daughter.
(8) 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)).
(9) Reduced leave schedule.--The term ``reduced leave schedule''
means a leave schedule that reduces the usual number of hours per
workweek, or hours per workday, of an employee.
(10) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(11) Serious health condition.--The term ``serious health
condition'' means an illness, injury, impairment, or physical or
mental condition that involves--
(A) inpatient care in a hospital, hospice, or residential
medical care facility; or
(B) continuing treatment by a health care provider.
(12) Son or daughter.--The term ``son or daughter'' means a
biological, adopted, or foster child, a stepchild, a legal ward, or
a child of a person standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care
because of a mental or physical disability.
(13) Spouse.--The term ``spouse'' means a husband or wife, as
the case may be.

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(a) In General.--
(1) Entitlement to leave.--Subject to section 103, an eligible
employee shall be entitled to a total of 12 workweeks of leave
during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the
employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the
employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or
parent, of the employee, if such spouse, son, daughter, or
parent has a serious health condition.
(D) Because of a serious health condition that makes the
employee unable to perform the functions of the position of such
employee.
(2) Expiration of entitlement.--The entitlement to leave under
subparagraphs (A) and (B) of paragraph (1) for a birth or placement
of a son or daughter shall expire at the end of the 12-month period
beginning on the date of such birth or placement.
(b) Leave Taken Intermittently or on a Reduced Leave Schedule.--
(1) In general.--Leave under subparagraph (A) or (B) of
subsection (a)(1) shall not be taken by an employee intermittently
or on a reduced leave schedule unless the employee and the employer
of the employee agree otherwise. Subject to paragraph (2),
subsection (e)(2), and section 103(b)(5), leave under subparagraph
(C) or (D) of subsection (a)(1) may be taken intermittently or on a
reduced leave schedule when medically necessary. The taking of leave
intermittently or on a reduced leave schedule pursuant to this
paragraph shall not result in a reduction in the total amount of
leave to which the employee is entitled under subsection (a) beyond
the amount of leave actually taken.
(2) Alternative position.--If an employee requests intermittent
leave, or leave on a reduced leave schedule, under subparagraph (C)
or (D) of subsection (a)(1), that is foreseeable based on planned
medical treatment, the employer may require such employee to
transfer temporarily to an available alternative position offered by
the employer for which the employee is qualified and that--
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the
regular employment position of the employee.
(c) Unpaid Leave Permitted.--Except as provided in subsection (d),
leave granted under subsection (a) may consist of unpaid leave. Where an
employee is otherwise exempt under regulations issued by the Secretary
pursuant to section 13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)), the compliance of an employer with this title by
providing unpaid leave shall not affect the exempt status of the
employee under such section.
(d) Relationship to Paid Leave.--
(1) Unpaid leave.--If an employer provides paid leave for fewer
than 12 workweeks, the additional weeks of leave necessary to attain
the 12 workweeks of leave required under this title may be provided
without compensation.
(2) Substitution of paid leave.--
(A) In general.--An eligible employee may elect, or an
employer may require the employee, to substitute any of the
accrued paid vacation leave, personal leave, or family leave of
the employee for leave provided under subparagraph (A), (B), or
(C) of subsection (a)(1) for any part of the 12-week period of
such leave under such subsection.
(B) Serious health condition.--An eligible employee may
elect, or an employer may require the employee, to substitute
any of the accrued paid vacation leave, personal leave, or
medical or sick leave of the employee for leave provided under
subparagraph (C) or (D) of subsection (a)(1) for any part of the
12-week period of such leave under such subsection, except that
nothing in this title shall require an employer to provide paid
sick leave or paid medical leave in any situation in which such
employer would not normally provide any such paid leave.
(e) Foreseeable Leave.--
(1) Requirement of notice.--In any case in which the necessity
for leave under subparagraph (A) or (B) of subsection (a)(1) is
foreseeable based on an expected birth or placement, the employee
shall provide the employer with not less than 30 days' notice,
before the date the leave is to begin, of the employee's intention
to take leave under such subparagraph, except that if the date of
the birth or placement requires leave to begin in less than 30 days,
the employee shall provide such notice as is practicable.
(2) Duties of employee.--In any case in which the necessity for
leave under subparagraph (C) or (D) of subsection (a)(1) is
foreseeable based on planned medical treatment, the employee--
(A) shall make a reasonable effort to schedule the treatment
so as not to disrupt unduly the operations of the employer,
subject to the approval of the health care provider of the
employee or the health care provider of the son, daughter,
spouse, or parent of the employee, as appropriate; and
(B) shall provide the employer with not less than 30 days'
notice, before the date the leave is to begin, of the employee's
intention to take leave under such subparagraph, except that if
the date of the treatment requires leave to begin in less than
30 days, the employee shall provide such notice as is
practicable.
(f) Spouses Employed by the Same Employer.--In any case in which a
husband and wife entitled to leave under subsection (a) are employed by
the same employer, the aggregate number of workweeks of leave to which
both may be entitled may be limited to 12 workweeks during any 12-month
period, if such leave is taken--
(1) under subparagraph (A) or (B) of subsection (a)(1); or
(2) to care for a sick parent under subparagraph (C) of such
subsection.

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(a) In General.--An employer may require that a request for leave
under subparagraph (C) or (D) of section 102(a)(1) be supported by a
certification issued by the health care provider of the eligible
employee or of the son, daughter, spouse, or parent of the employee, as
appropriate. The employee shall provide, in a timely manner, a copy of
such certification to the employer.
(b) Sufficient Certification.--Certification provided under
subsection (a) shall be sufficient if it states--
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge of the
health care provider regarding the condition;
(4)(A) for purposes of leave under section 102(a)(1)(C), a
statement that the eligible employee is needed to care for the son,
daughter, spouse, or parent and an estimate of the amount of time
that such employee is needed to care for the son, daughter, spouse,
or parent; and
(B) for purposes of leave under section 102(a)(1)(D), a
statement that the employee is unable to perform the functions of
the position of the employee;
(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treatment,
the dates on which such treatment is expected to be given and the
duration of such treatment;
(6) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(D), a
statement of the medical necessity for the intermittent leave or
leave on a reduced leave schedule, and the expected duration of the
intermittent leave or reduced leave schedule; and
(7) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, under section 102(a)(1)(C), a
statement that the employee's intermittent leave or leave on a
reduced leave schedule is necessary for the care of the son,
daughter, parent, or spouse who has a serious health condition, or
will assist in their recovery, and the expected duration and
schedule of the intermittent leave or reduced leave schedule.
(c) Second Opinion.--
(1) In general.--In any case in which the employer has reason to
doubt the validity of the certification provided under subsection
(a) for leave under subparagraph (C) or (D) of section 102(a)(1),
the employer may require, at the expense of the employer, that the
eligible employee obtain the opinion of a second health care
provider designated or approved by the employer concerning any
information certified under subsection (b) for such leave.
(2) Limitation.--A health care provider designated or approved
under paragraph (1) shall not be employed on a regular basis by the
employer.
(d) Resolution of Conflicting Opinions.--
(1) In general.--In any case in which the second opinion
described in subsection (c) differs from the opinion in the original
certification provided under subsection (a), the employer may
require, at the expense of the employer, that the employee obtain
the opinion of a third health care provider designated or approved
jointly by the employer and the employee concerning the information
certified under subsection (b).
(2) Finality.--The opinion of the third health care provider
concerning the information certified under subsection (b) shall be
considered to be final and shall be binding on the employer and the
employee.
(e) Subsequent Recertification.--The employer may require that the
eligible employee obtain subsequent recertifications on a reasonable
basis.

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(a) Restoration to Position.--
(1) In general.--Except as provided in subsection (b), any
eligible employee who takes leave under section 102 for the intended
purpose of the leave shall be entitled, on return from such leave--
(A) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of
employment.
(2) Loss of benefits.--The taking of leave under section 102
shall not result in the loss of any employment benefit accrued prior
to the date on which the leave commenced.
(3) Limitations.--Nothing in this section shall be construed to
entitle any restored employee to--
(A) the accrual of any seniority or employment benefits
during any period of leave; or
(B) any right, benefit, or position of employment other than
any right, benefit, or position to which the employee would have
been entitled had the employee not taken the leave.
(4) Certification.--As a condition of restoration under
paragraph (1) for an employee who has taken leave under section
102(a)(1)(D), the employer may have a uniformly applied practice or
policy that requires each such employee to receive certification
from the health care provider of the employee that the employee is
able to resume work, except that nothing in this paragraph shall
supersede a valid State or local law or a collective bargaining
agreement that governs the return to work of such employees.
(5) Construction.--Nothing in this subsection shall be construed
to prohibit an employer from requiring an employee on leave under
section 102 to report periodically to the employer on the status and
intention of the employee to return to work.
(b) Exemption Concerning Certain Highly Compensated Employees.--
(1) Denial of restoration.--An employer may deny restoration
under subsection (a) to any eligible employee described in paragraph
(2) if--
(A) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
(B) the employer notifies the employee of the intent of the
employer to deny restoration on such basis at the time the
employer determines that such injury would occur; and
(C) in any case in which the leave has commenced, the
employee elects not to return to employment after receiving such
notice.
(2) Affected employees.--An eligible employee described in
paragraph (1) is a salaried eligible employee who is among the
highest paid 10 percent of the employees employed by the employer
within 75 miles of the facility at which the employee is employed.
(c) Maintenance of Health Benefits.--
(1) Coverage.--Except as provided in paragraph (2), during any
period that an eligible employee takes leave under section 102, the
employer shall maintain coverage under any ``group health plan'' (as
defined in section 5000(b)(1) of the Internal Revenue Code of 1986)
for the duration of such leave at the level and under the conditions
coverage would have been provided if the employee had continued in
employment continuously for the duration of such leave.
(2) Failure to return from leave.--The employer may recover the
premium that the employer paid for maintaining coverage for the
employee under such group health plan during any period of unpaid
leave under section 102 if--
(A) the employee fails to return from leave under section
102 after the period of leave to which the employee is entitled
has expired; and
(B) the employee fails to return to work for a reason other
than--
(i) the continuation, recurrence, or onset of a serious
health condition that entitles the employee to leave under
subparagraph (C) or (D) of section 102(a)(1); or
(ii) other circumstances beyond the control of the
employee.
(3) Certification.--
(A) Issuance.--An employer may require that a claim that an
employee is unable to return to work because of the
continuation, recurrence, or onset of the serious health
condition described in paragraph (2)(B)(i) be supported by--
(i) a certification issued by the health care provider
of the son, daughter, spouse, or parent of the employee, as
appropriate, in the case of an employee unable to return to
work because of a condition specified in section
102(a)(1)(C); or
(ii) a certification issued by the health care provider
of the eligible employee, in the case of an employee unable
to return to work because of a condition specified in
section 102(a)(1)(D).
(B) Copy.--The employee shall provide, in a timely manner, a
copy of such certification to the employer.
(C) Sufficiency of certification.--
(i) Leave due to serious health condition of employee.--
The certification described in subparagraph (A)(ii) shall be
sufficient if the certification states that a serious health
condition prevented the employee from being able to perform
the functions of the position of the employee on the date
that the leave of the employee expired.
(ii) Leave due to serious health condition of family
member.--The certification described in subparagraph (A)(i)
shall be sufficient if the certification states that the
employee is needed to care for the son, daughter, spouse, or
parent who has a serious health condition on the date that
the leave of the employee expired.

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(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any employer
to interfere with, restrain, or deny the exercise of or the attempt
to exercise, any right provided under this title.
(2) Discrimination.--It shall be unlawful for any employer to
discharge or in any other manner discriminate against any individual
for opposing any practice made unlawful by this title.
(b) 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--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this title;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this title; or
(3) has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this title.

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(a) In General.--To ensure compliance with the provisions of this
title, or any regulation or order issued under this title, the Secretary
shall have, subject to subsection (c), the investigative authority
provided under section 11(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(a)).
(b) Obligation To Keep and Preserve Records.--Any employer shall
make, keep, and preserve records pertaining to compliance with this
title in accordance with section 11(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by
the Secretary.
(c) Required Submissions Generally Limited to an Annual Basis.--The
Secretary shall not under the authority of this section require any
employer or any plan, fund, or program to submit to the Secretary any
books or records more than once during any 12-month period, unless the
Secretary has reasonable cause to believe there may exist a violation of
this title or any regulation or order issued pursuant to this title, or
is investigating a charge pursuant to section 107(b).
(d) Subpoena Powers.--For the purposes of any investigation provided
for in this section, the Secretary shall have the subpoena authority
provided for under section 9 of the Fair Labor Standards Act of 1938 (29
U.S.C. 209).

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(a) Civil Action by Employees.--
(1) Liability.--Any employer who violates section 105 shall be
liable to any eligible employee affected--
(A) for damages equal to--
(i) the amount of--
(I) any wages, salary, employment benefits, or other
compensation denied or lost to such employee by reason
of the violation; or
(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 12 weeks of wages or salary for the
employee;
(ii) the interest on the amount described in clause (i)
calculated at the prevailing rate; and
(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 an
employer who has violated section 105 proves to the
satisfaction of the court that the act or omission which
violated section 105 was in good faith and that the employer
had reasonable grounds for believing that the act or
omission was not a violation of section 105, such court may,
in the discretion of the court, reduce the amount of the
liability to the amount and interest determined under
clauses (i) and (ii), respectively; and
(B) for such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer (including a public agency) in any Federal or
State court of competent jurisdiction by any one or more employees
for and in behalf of--
(A) the employees; or
(B) the employees and other employees similarly situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and other
costs of the action to be paid by the defendant.
(4) Limitations.--The right provided by paragraph (2) to bring
an action by or on behalf of any employee shall terminate--
(A) on the filing of a complaint by the Secretary in an
action under subsection (d) in which restraint is sought of any
further delay in the payment of the amount described in
paragraph (1)(A) to such employee by an employer responsible
under paragraph (1) for the payment; or
(B) on the filing of a complaint by the Secretary in an
action under subsection (b) in which a recovery is sought of the
damages described in paragraph (1)(A) owing to an eligible
employee by an employer liable under paragraph (1),
unless the action described in subparagraph (A) or (B) is dismissed
without prejudice on motion of the Secretary.
(b) Action by the Secretary.--
(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 105 in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
206 and 207).
(2) Civil action.--The Secretary may bring an action in any
court of competent jurisdiction to recover the damages described in
subsection (a)(1)(A).
(3) Sums recovered.--Any sums recovered by the Secretary
pursuant to paragraph (2) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee because of
inability to do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous receipts.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), an action
may be brought under this section not later than 2 years after the
date of the last event constituting the alleged violation for which
the action is brought.
(2) Willful violation.--In the case of such action brought for a
willful violation of section 105, such action may be brought within
3 years of the date of the last event constituting the alleged
violation for which such action is brought.
(3) Commencement.--In determining when an action is commenced by
the Secretary under this section for the purposes of this
subsection, it shall be considered to be commenced on the date when
the complaint is filed.
(d) Action for Injunction by Secretary.--The district courts of the
United States shall have jurisdiction, for cause shown, in an action
brought by the Secretary--
(1) to restrain violations of section 105, including the
restraint of any withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found by the court
to be due to eligible employees; or
(2) to award such other equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(e) Solicitor of Labor.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this section.

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AGENCIES.
(a) Application.--
(1) In general.--Except as otherwise provided in this section,
the rights (including the rights under section 104, which shall
extend throughout the period of leave of any employee under this
section), remedies, and procedures under this title shall apply to--
(A) any ``local educational agency'' (as defined in section
1471(12) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2891(12))) and an eligible employee of the agency;
and
(B) any private elementary or secondary school and an
eligible employee of the school.
(2)  Definitions.--For purposes of the application described in
paragraph (1):
(A) Eligible employee.--The term ``eligible employee'' means
an eligible employee of an agency or school described in
paragraph (1).
(B) Employer.--The term ``employer'' means an agency or
school described in paragraph (1).
(b) Leave Does Not Violate Certain Other Federal Laws.--A local
educational agency and a private elementary or secondary school shall
not be in violation of the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), solely as a result of an eligible employee of such
agency or school exercising the rights of such employee under this
title.
(c) Intermittent Leave or Leave on a Reduced Schedule for
Instructional Employees.--
(1) In general.--Subject to paragraph (2), in any case in which
an eligible employee employed principally in an instructional
capacity by any such educational agency or school requests leave
under subparagraph (C) or (D) of section 102(a)(1) that is
foreseeable based on planned medical treatment and the employee
would be on leave for greater than 20 percent of the total number of
working days in the period during which the leave would extend, the
agency or school may require that such employee elect either--
(A) to take leave for periods of a particular duration, not
to exceed the duration of the planned medical treatment; or
(B) to transfer temporarily to an available alternative
position offered by the employer for which the employee is
qualified, and that--
(i) has equivalent pay and benefits; and
(ii) better accommodates recurring periods of leave than
the regular employment position of the employee.
(2) Application.--The elections described in subparagraphs (A)
and (B) of paragraph (1) shall apply only with respect to an
eligible employee who complies with section 102(e)(2).
(d) Rules Applicable to Periods Near the Conclusion of an Academic
Term.--The following rules shall apply with respect to periods of leave
near the conclusion of an academic term in the case of any eligible
employee employed principally in an instructional capacity by any such
educational agency or school:
(1) Leave more than 5 weeks prior to end of term.--If the
eligible employee begins leave under section 102 more than 5 weeks
prior to the end of the academic term, the agency or school may
require the employee to continue taking leave until the end of such
term, if--
(A) the leave is of at least 3 weeks duration; and
(B) the return to employment would occur during the 3-week
period before the end of such term.
(2) Leave less than 5 weeks prior to end of term.--If the
eligible employee begins leave under subparagraph (A), (B), or (C)
of section 102(a)(1) during the period that commences 5 weeks prior
to the end of the academic term, the agency or school may require
the employee to continue taking leave until the end of such term,
if--
(A) the leave is of greater than 2 weeks duration; and
(B) the return to employment would occur during the 2-week
period before the end of such term.
(3) Leave less than 3 weeks prior to end of term.--If the
eligible employee begins leave under subparagraph (A), (B), or (C)
of section 102(a)(1) during the period that commences 3 weeks prior
to the end of the academic term and the duration of the leave is
greater than 5 working days, the agency or school may require the
employee to continue to take leave until the end of such term.
(e) Restoration to Equivalent Employment Position.--For purposes of
determinations under section 104(a)(1)(B) (relating to the restoration
of an eligible employee to an equivalent position), in the case of a
local educational agency or a private elementary or secondary school,
such determination shall be made on the basis of established school
board policies and practices, private school policies and practices, and
collective bargaining agreements.
(f) Reduction of the Amount of Liability.--If a local educational
agency or a private elementary or secondary school that has violated
this title proves to the satisfaction of the court that the agency,
school, or department had reasonable grounds for believing that the
underlying act or omission was not a violation of this title, such court
may, in the discretion of the court, reduce the amount of the liability
provided for under section 107(a)(1)(A) to the amount and interest
determined under clauses (i) and (ii), respectively, of such section.

a7b005a4aa10932afa0ade61fe8361966aac28de4e044af6f306a942d242eeab

(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where notices to
employees and applicants for employment are customarily posted, a
notice, to be prepared or approved by the Secretary, setting forth
excerpts from, or summaries of, the pertinent provisions of this title
and information pertaining to the filing of a charge.
(b) Penalty.--Any employer that willfully violates this section may
be assessed a civil money penalty not to exceed $100 for each separate
offense.

5c3c58a1fab43f688a1f13eaaefe61e17c430426b9e746e669682624e3433a93

(a) Civil Service Employees.--
(1) In general.--Chapter 63 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
``§6381. Definitions
``For the purpose of this subchapter--
``(1) the term `employee' means any individual who--
``(A) is an `employee', as defined by section 6301(2),
including any individual employed in a position referred to in
clause (v) or (ix) of section 6301(2), but excluding any
individual employed by the government of the District of
Columbia and any individual employed on a temporary or
intermittent basis; and
``(B) has completed at least 12 months of service as an
employee (within the meaning of subparagraph (A));
``(2) the term `health care provider' means--
``(A) a doctor of medicine or osteopathy who is authorized
to practice medicine or surgery (as appropriate) by the State in
which the doctor practices; and
``(B) any other person determined by the Director of the
Office of Personnel Management to be capable of providing health
care services;
``(3) the term `parent' means the biological parent of an
employee or an individual who stood in loco parentis to an employee
when the employee was a son or daughter;
``(4) the term `reduced leave schedule' means a leave schedule
that reduces the usual number of hours per workweek, or hours per
workday, of an employee;
``(5) the term `serious health condition' means an illness,
injury, impairment, or physical or mental condition that involves--
``(A) inpatient care in a hospital, hospice, or residential
medical care facility; or
``(B) continuing treatment by a health care provider; and
``(6) the term `son or daughter' means a biological, adopted, or
foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is--
``(A) under 18 years of age; or
``(B) 18 years of age or older and incapable of self-care
because of a mental or physical disability.
``§6382. Leave requirement
``(a)(1) Subject to section 6383, an employee shall be entitled to a
total of 12 administrative workweeks of leave during any 12-month period
for one or more of the following:
``(A) Because of the birth of a son or daughter of the employee
and in order to care for such son or daughter.
``(B) Because of the placement of a son or daughter with the
employee for adoption or foster care.
``(C) In order to care for the spouse, or a son, daughter, or
parent, of the employee, if such spouse, son, daughter, or parent
has a serious health condition.
``(D) Because of a serious health condition that makes the
employee unable to perform the functions of the employee's position.
``(2) The entitlement to leave under subparagraph (A) or (B) of
paragraph (1) based on the birth or placement of a son or daughter shall
expire at the end of the 12-month period beginning on the date of such
birth or placement.
``(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1)
shall not be taken by an employee intermittently or on a reduced leave
schedule unless the employee and the employing agency of the employee
agree otherwise. Subject to paragraph (2), subsection (e)(2), and
section 6383(b)(5), leave under subparagraph (C) or (D) of subsection
(a)(1) may be taken intermittently or on a reduced leave schedule when
medically necessary. In the case of an employee who takes leave
intermittently or on a reduced leave schedule pursuant to this
paragraph, any hours of leave so taken by such employee shall be
subtracted from the total amount of leave remaining available to such
employee under subsection (a), for purposes of the 12-month period
involved, on an hour-for-hour basis.
``(2) If an employee requests intermittent leave, or leave on a
reduced leave schedule, under subparagraph (C) or (D) of subsection
(a)(1), that is foreseeable based on planned medical treatment, the
employing agency may require such employee to transfer temporarily to an
available alternative position offered by the employing agency for which
the employee is qualified and that--
``(A) has equivalent pay and benefits; and
``(B) better accommodates recurring periods of leave than the
regular employment position of the employee.
``(c) Except as provided in subsection (d), leave granted under
subsection (a) shall be leave without pay.
``(d) An employee may elect to substitute for leave under
subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the
employee's accrued or accumulated annual or sick leave under subchapter
I for any part of the 12-week period of leave under such subsection,
except that nothing in this subchapter shall require an employing agency
to provide paid sick leave in any situation in which such employing
agency would not normally provide any such paid leave.
``(e)(1) In any case in which the necessity for leave under
subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an
expected birth or placement, the employee shall provide the employing
agency with not less than 30 days' notice, before the date the leave is
to begin, of the employee's intention to take leave under such
subparagraph, except that if the date of the birth or placement requires
leave to begin in less than 30 days, the employee shall provide such
notice as is practicable.
``(2) In any case in which the necessity for leave under
subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on
planned medical treatment, the employee--
``(A) shall make a reasonable effort to schedule the treatment
so as not to disrupt unduly the operations of the employing agency,
subject to the approval of the health care provider of the employee
or the health care provider of the son, daughter, spouse, or parent
of the employee, as appropriate; and
``(B) shall provide the employing agency with not less than 30
days' notice, before the date the leave is to begin, of the
employee's intention to take leave under such subparagraph, except
that if the date of the treatment requires leave to begin in less
than 30 days, the employee shall provide such notice as is
practicable.
``§6383. Certification
``(a) An employing agency may require that a request for leave under
subparagraph (C) or (D) of section 6382(a)(1) be supported by
certification issued by the health care provider of the employee or of
the son, daughter, spouse, or parent of the employee, as appropriate.
The employee shall provide, in a timely manner, a copy of such
certification to the employing agency.
``(b) A certification provided under subsection (a) shall be
sufficient if it states--
``(1) the date on which the serious health condition commenced;
``(2) the probable duration of the condition;
``(3) the appropriate medical facts within the knowledge of the
health care provider regarding the condition;
``(4)(A) for purposes of leave under section 6382(a)(1)(C), a
statement that the employee is needed to care for the son, daughter,
spouse, or parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or
parent; and
``(B) for purposes of leave under section 6382(a)(1)(D), a
statement that the employee is unable to perform the functions of
the position of the employee; and
``(5) in the case of certification for intermittent leave, or
leave on a reduced leave schedule, for planned medical treatment,
the dates on which such treatment is expected to be given and the
duration of such treatment.
``(c)(1) In any case in which the employing agency has reason to
doubt the validity of the certification provided under subsection (a)
for leave under subparagraph (C) or (D) of section 6382(a)(1), the
employing agency may require, at the expense of the agency, that the
employee obtain the opinion of a second health care provider designated
or approved by the employing agency concerning any information certified
under subsection (b) for such leave.
``(2) Any health care provider designated or approved under
paragraph (1) shall not be employed on a regular basis by the employing
agency.
``(d)(1) In any case in which the second opinion described in
subsection (c) differs from the original certification provided under
subsection (a), the employing agency may require, at the expense of the
agency, that the employee obtain the opinion of a third health care
provider designated or approved jointly by the employing agency and the
employee concerning the information certified under subsection (b).
``(2) The opinion of the third health care provider concerning the
information certified under subsection (b) shall be considered to be
final and shall be binding on the employing agency and the employee.
``(e) The employing agency may require, at the expense of the
agency, that the employee obtain subsequent recertifications on a
reasonable basis.
``§6384. Employment and benefits protection
``(a) Any employee who takes leave under section 6382 for the
intended purpose of the leave shall be entitled, upon return from such
leave--
``(1) to be restored by the employing agency to the position
held by the employee when the leave commenced; or
``(2) to be restored to an equivalent position with equivalent
benefits, pay, status, and other terms and conditions of employment.
``(b) The taking of leave under section 6382 shall not result in the
loss of any employment benefit accrued prior to the date on which the
leave commenced.
``(c) Except as otherwise provided by or under law, nothing in this
section shall be construed to entitle any restored employee to--
``(1) the accrual of any employment benefits during any period
of leave; or
``(2) any right, benefit, or position of employment other than
any right, benefit, or position to which the employee would have
been entitled had the employee not taken the leave.
``(d) As a condition to restoration under subsection (a) for an
employee who takes leave under section 6382(a)(1)(D), the employing
agency may have a uniformly applied practice or policy that requires
each such employee to receive certification from the health care
provider of the employee that the employee is able to resume work.
``(e) Nothing in this section shall be construed to prohibit an
employing agency from requiring an employee on leave under section 6382
to report periodically to the employing agency on the status and
intention of the employee to return to work.
``§6385. Prohibition of coercion
``(a) An employee shall not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any
other employee for the purpose of interfering with the exercise of any
rights which such other employee may have under this subchapter.
``(b) For the purpose of this section--
``(1) the term `intimidate, threaten, or coerce' includes
promising to confer or conferring any benefit (such as appointment,
promotion, or compensation), or taking or threatening to take any
reprisal (such as deprivation of appointment, promotion, or
compensation); and
``(2) the term `employee' means any `employee', as defined by
section 2105.
``§6386. Health insurance
``An employee enrolled in a health benefits plan under chapter 89
who is placed in a leave status under section 6382 may elect to continue
the health benefits enrollment of the employee while in such leave
status and arrange to pay currently into the Employees Health Benefits
Fund (described in section 8909), the appropriate employee
contributions.
``§6387. Regulations
``The Office of Personnel Management shall prescribe regulations
necessary for the administration of this subchapter. The regulations
prescribed under this subchapter shall, to the extent appropriate, be
consistent with the regulations prescribed by the Secretary of Labor to
carry out title I of the Family and Medical Leave Act of 1993.''.
(2) Table of contents.--The table of contents for chapter 63 of
title 5, United States Code, is amended by adding at the end the
following:
``SUBCHAPTER V--FAMILY AND MEDICAL LEAVE
``6381. Definitions.
``6382. Leave requirement.
``6383. Certification.
``6384. Employment and benefits protection.
``6385. Prohibition of coercion.
``6386. Health insurance.
``6387. Regulations.''.
(b) Employees Paid From Nonappropriated Funds.--Section 2105(c)(1)
of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C); and
(2) by adding at the end the following new subparagraph:
``(E) subchapter V of chapter 63, which shall be applied so
as to construe references to benefit programs to refer to
applicable programs for employees paid from nonappropriated
funds; or''.

0264750e2cfe4ac7354fe6da6ad0152900bda4895e07048e7d4657c256b481d7

TITLE II

-LEAVE FOR CIVIL SERVICE EMPLOYEES

There is established a commission to be known as the Commission on
Leave (referred to in this title as the ``Commission'').

2be29846c2624a95ba1e5698276f2c66aa31249a55994d619a60fcf54ad91148

TITLE III

-COMMISSION ON LEAVE

The Commission shall--
(1) conduct a comprehensive study of--
(A) existing and proposed mandatory and voluntary policies
relating to family and temporary medical leave, including
policies provided by employers not covered under this Act;
(B) the potential costs, benefits, and impact on
productivity, job creation and business growth of such policies
on employers and employees;
(C) possible differences in costs, benefits, and impact on
productivity, job creation and business growth of such policies
on employers based on business type and size;
(D) the impact of family and medical leave policies on the
availability of employee benefits provided by employers,
including employers not covered under this Act;
(E) alternate and equivalent State enforcement of title I
with respect to employees described in section 108(a);
(F) methods used by employers to reduce administrative costs
of implementing family and medical leave policies;
(G) the ability of the employers to recover, under section
104(c)(2), the premiums described in such section; and
(H) the impact on employers and employees of policies that
provide temporary wage replacement during periods of family and
medical leave.
(2) not later than 2 years after the date on which the
Commission first meets, prepare and submit, to the appropriate
Committees of Congress, a report concerning the subjects listed in
paragraph (1).

5ed6b885f68175b60c0a8ba896132081778d25a1f10a8ce698cafbd5d79c9eff

(a) Composition.--
(1) Appointments.--The Commission shall be composed of 12 voting
members and 4 ex officio members to be appointed not later than 60
days after the date of the enactment of this Act as follows:
(A) Senators.--One Senator shall be appointed by the
Majority Leader of the Senate, and one Senator shall be
appointed by the Minority Leader of the Senate.
(B) Members of house of representatives.--One Member of the
House of Representatives shall be appointed by the Speaker of
the House of Representatives, and one Member of the House of
Representatives shall be appointed by the Minority Leader of the
House of Representatives.
(C) Additional members.--
(i) Appointment.--Two members each shall be appointed
by--
(I) the Speaker of the House of Representatives;
(II) the Majority Leader of the Senate;
(III) the Minority Leader of the House of
Representatives; and
(IV) the Minority Leader of the Senate.
(ii) Expertise.--Such members shall be appointed by
virtue of demonstrated expertise in relevant family,
temporary disability, and labor management issues. Such
members shall include representatives of employers,
including employers from large businesses and from small
businesses.
(2) Ex officio members.--The Secretary of Health and Human
Services, the Secretary of Labor, the Secretary of Commerce, and the
Administrator of the Small Business Administration shall serve on
the Commission as nonvoting ex officio members.
(b) Vacancies.--Any vacancy on the Commission shall be filled in the
manner in which the original appointment was made. The vacancy shall not
affect the power of the remaining members to execute the duties of the
Commission.
(c) Chairperson and Vice Chairperson.--The Commission shall elect a
chairperson and a vice chairperson from among the members of the
Commission.
(d) Quorum.--Eight members of the Commission shall constitute a
quorum for all purposes, except that a lesser number may constitute a
quorum for the purpose of holding hearings.

9910783a4ce85a78e35332ac6d9fefeb8ba0b829f4061b6fc1cf385e83930e64

(a) Pay.--Members of the Commission shall serve without
compensation.
(b) Travel Expenses.--Members of the Commission shall be allowed
reasonable travel expenses, including a per diem allowance, in
accordance with section 5703 of title 5, United States Code, when
performing duties of the Commission.

6f4484b7bb7a787a7be1b153739ac8759f2d395fcb463ab18293571052f3e00c

(a) Meetings.--The Commission shall first meet not later than 30
days after the date on which all members are appointed, and the
Commission shall meet thereafter on the call of the chairperson or a
majority of the members.
(b) Hearings and Sessions.--The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The Commission
may administer oaths or affirmations to witnesses appearing before it.
(c) Access to Information.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry out this
title, if the information may be disclosed under section 552 of title 5,
United States Code. Subject to the previous sentence, on the request of
the chairperson or vice chairperson of the Commission, the head of such
agency shall furnish such information to the Commission.
(d) Use of Facilities and Services.--Upon the request of the
Commission, the head of any Federal agency may make available to the
Commission any of the facilities and services of such agency.
(e) Personnel From Other Agencies.--On the request of the
Commission, the head of any Federal agency may detail any of the
personnel of such agency to serve as an Executive Director of the
Commission or assist the Commission in carrying out the duties of the
Commission. Any detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(f) Voluntary Service.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Commission may accept for the
Commission voluntary services provided by a member of the Commission.

4ff6b1f248c2f4b32476148c1a2573e4a617df7041fb87bcb1702fd4104099a6

The Commission shall terminate 30 days after the date of the
submission of the report of the Commission to Congress.

874c44e7452bec0192a295fd6b07c7c5685d35aed51dd81bec6abb52a56b8ff5

(a) Federal and State Antidiscrimination Laws.--Nothing in this Act
or any amendment made by this Act shall be construed to modify or affect
any Federal or State law prohibiting discrimination on the basis of
race, religion, color, national origin, sex, age, or disability.
(b) State and Local Laws.--Nothing in this Act or any amendment made
by this Act shall be construed to supersede any provision of any State
or local law that provides greater family or medical leave rights than
the rights established under this Act or any amendment made by this Act.

5ab079c45d5e764bd5b75b600cc51b66968b7eeb34b65b4081bd072b91e8335d

TITLE IV

-MISCELLANEOUS PROVISIONS

(a) More Protective.--Nothing in this Act or any amendment made by
this Act shall be construed to diminish the obligation of an employer to
comply with any collective bargaining agreement or any employment
benefit program or plan that provides greater family or medical leave
rights to employees than the rights established under this Act or any
amendment made by this Act.
(b) Less Protective.--The rights established for employees under
this Act or any amendment made by this Act shall not be diminished by
any collective bargaining agreement or any employment benefit program or
plan.

039d29833c667e176d725de7c8f38ac29916eedf57ac72097e2f7d905b00497f

Nothing in this Act or any amendment made by this Act shall be
construed to discourage employers from adopting or retaining leave
policies more generous than any policies that comply with the
requirements under this Act or any amendment made by this Act.

bd47c8e0e6b5dad91f93cc9d02bcdd992943be111ad5d50875e16ced7d98374a

The Secretary of Labor shall prescribe such regulations as are
necessary to carry out title I and this title not later than 120 days
after the date of the enactment of this Act.

3aae65ea144d37f8544d26e53f166c83424f5a610ca8f7dd8d765f8284713120

(a) Title III.--Title III shall take effect on the date of the
enactment of this Act.
(b) Other Titles.--
(1) In general.--Except as provided in paragraph (2), titles I,
II, and V and this title shall take effect 6 months after the date
of the enactment of this Act.
(2) Collective bargaining agreements.--In the case of a
collective bargaining agreement in effect on the effective date
prescribed by paragraph (1), title I shall apply on the earlier of--
(A) the date of the termination of such agreement; or
(B) the date that occurs 12 months after the date of the
enactment of this Act.

89bd8b43a35d29042a1b1e0998bdb3274f20251faf3c39c25ec7c4b62e12f782

(a) Coverage.--The rights and protections established under sections
101 through 105 shall apply with respect to a Senate employee and an
employing office. For purposes of such application, the term ``eligible
employee'' means a Senate employee and the term ``employer'' means an
employing office.
(b) Consideration of Allegations.--
(1) Applicable provisions.--The provisions of sections 304
through 313 of the Government Employee Rights Act of 1991 (2 U.S.C.
1204-1213) shall, except as provided in subsections (d) and (e)--
(A) apply with respect to an allegation of a violation of a
provision of sections 101 through 105, with respect to Senate
employment of a Senate employee; and
(B) apply to such an allegation in the same manner and to
the same extent as such sections of the Government Employee
Rights Act of 1991 apply with respect to an allegation of a
violation under such Act.
(2) Entity.--Such an allegation shall be addressed by the Office
of Senate Fair Employment Practices or such other entity as the
Senate may designate.
(c) Rights of Employees.--The Office of Senate Fair Employment
Practices shall ensure that Senate employees are informed of their
rights under sections 101 through 105.
(d) Limitations.--A request for counseling under section 305 of such
Act by a Senate employee alleging a violation of a provision of sections
101 through 105 shall be made not later than 2 years after the date of
the last event constituting the alleged violation for which the
counseling is requested, or not later than 3 years after such date in
the case of a willful violation of section 105.
(e) Applicable Remedies.--The remedies applicable to individuals who
demonstrate a violation of a provision of sections 101 through 105 shall
be such remedies as would be appropriate if awarded under paragraph (1)
or (3) of section 107(a).
(f) Exercise of Rulemaking Power.--The provisions of subsections
(b), (c), (d), and (e), except as such subsections apply with respect to
section 309 of the Government Employee Rights Act of 1991 (2 U.S.C.
1209), are enacted by the Senate as an exercise of the rulemaking power
of the Senate, with full recognition of the right of the Senate to
change its rules, in the same manner, and to the same extent, as in the
case of any other rule of the Senate. No Senate employee may commence a
judicial proceeding with respect to an allegation described in
subsection (b)(1), except as provided in this section.
(g) Severability.--Notwithstanding any other provision of law, if
any provision of section 309 of the Government Employee Rights Act of
1991 (2 U.S.C. 1209), or of subsection (b)(1) insofar as it applies such
section 309 to an allegation described in subsection (b)(1)(A), is
invalidated, both such section 309, and subsection (b)(1) insofar as it
applies such section 309 to such an allegation, shall have no force and
effect, and shall be considered to be invalidated for purposes of
section 322 of such Act (2 U.S.C. 1221).
(h) Definitions.--As used in this section:
(1) Employing office.--The term ``employing office'' means the
office with the final authority described in section 301(2) of such
Act (2 U.S.C. 1201(2)).
(2) Senate employee.--The term ``Senate employee'' means an
employee described in subparagraph (A) or (B) of section 301(c)(1)
of such Act (2 U.S.C. 1201(c)(1)) who has been employed for at least
12 months on other than a temporary or intermittent basis by any
employing office.

2035bc10a10d30ea8a2aa16a6ed8ef56f8d157cadd3537ba74ef07d922cba664

TITLE V

-COVERAGE OF CONGRESSIONAL EMPLOYEES

(a) In General.--The rights and protections under sections 102
through 105 (other than section 104(b)) shall apply to any employee in
an employment position and any employing authority of the House of
Representatives.
(b) Administration.--In the administration of this section, the
remedies and procedures under the Fair Employment Practices Resolution
shall be applied.
(c) Definition.--As used in this section, the term ``Fair Employment
Practices Resolution'' means rule LI of the Rules of the House of
Representatives.

54cbeb5694d756bda316b0a37ac4a24b13e0c5f8ae1f2ef749990db642da33c2

It is the sense of the Congress that:
(a) The Secretary of Defense shall conduct a comprehensive
review of current departmental policy with respect to the service of
homosexuals in the Armed Forces;
(b) Such review shall include the basis for the current policy
of mandatory separation; the rights of all service men and women,
and the effects of any change in such policy on morale, discipline,
and military effectiveness;
(c) The Secretary shall report the results of such review and
consultations and his recommendations to the President and to the
Congress no later than July 15, 1993;
(d) The Senate Committee on Armed Services shall conduct (i)
comprehensive hearings on the current military policy with respect
to the service of homosexuals in the military services; and (ii)
shall conduct oversight hearings on the Secretary's recommendations
as such are reported.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Family and Medical Leave Act of 1993

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