[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5518 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5518
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
June 16, 2016
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Scott of
Virginia, Ms. Wilson of Florida, Ms. Schakowsky, Ms. Lee, Mr. Nadler,
and Mr. Jeffries) 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 2016''.
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 15''.
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.
``(B) Limitations.--
``(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 8101 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.--
``(A) In general.--The term `grandchild' means a
son or daughter of an employee's son or daughter.
``(B) Son or daughter.--For purposes of
subparagraph (A), 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, without regard to age or mental or physical
capacity.''.
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 8101 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, except that for purposes of such
term, 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, without regard to age or
mental or physical capacity.''.
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