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HR 3047 IH

111th CONGRESS

1st Session

H. R. 3047

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

IN THE HOUSE OF REPRESENTATIVES

June 25, 2009

Ms. WOOLSEY (for herself, Mr. HARE, Ms. DELAURO, Ms. LEE of California, Mr. OLVER, Mr. SERRANO, Mr. BISHOP of New York, Mr. ELLISON, Mr. STARK, Ms. ZOE LOFGREN of California, Mrs. MALONEY, Ms. JACKSON-LEE of Texas, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. KUCINICH, Mr. HINCHEY, Mr. KILDEE, Mr. PAYNE, Ms. WATSON, Mr. GRIJALVA, Mr. FARR, Ms. SCHAKOWSKY, Ms. WATERS, Mr. MCDERMOTT, Ms. HIRONO, and Mr. HONDA) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform, Armed Services, Ways and Means, 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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Balancing Act of 2009’.

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

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE ENHANCEMENT ACT OF 2009

Subtitle A--Paid Leave for New Parents

Sec. 101. Short title.

Sec. 102. General definitions.

Part 1--Family and Medical Leave Insurance Program

Sec. 111. Program definitions.

Sec. 112. Establishment of program.

Sec. 113. Program benefits.

Sec. 114. Voluntary employer plan.

Sec. 115. Additional benefits.

Sec. 116. Prohibited acts by employer.

Sec. 117. Enforcement.

Sec. 118. Penalties.

Sec. 119. Education programs.

Sec. 120. Regulations.

Sec. 121. Effective date.

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

Sec. 131. Program definitions.

Sec. 132. Establishment of program.

Part 3--Family and Medical Leave Insurance Fund

Sec. 141. Establishment.

Sec. 142. Board of trustees.

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

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

Sec. 145. Administrative expenses.

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

Subtitle B--Family and Medical Leave Enhancement Act of 2009

Sec. 151. Short title.

Sec. 152. Eligible employee.

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

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

Subtitle C--Domestic Violence Leave Act

Sec. 161. Short title.

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

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

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

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

Subtitle D--Healthy Families Act

Sec. 171. Short title.

Sec. 172. Purposes.

Sec. 173. Definitions.

Sec. 174. Provision of paid sick time.

Sec. 175. Posting requirement.

Sec. 176. Prohibited acts.

Sec. 177. Enforcement authority.

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

Sec. 179. Effect on other laws.

Sec. 180. Effect on existing employment benefits.

Sec. 181. Encouragement of more generous leave policies.

Sec. 182. Regulations.

Sec. 183. Effective dates.

Subtitle E--Family and Medical Leave Enhancement Act of 2009

Sec. 191. Short title.

Sec. 192. Eligible employee.

Sec. 193. Entitlement to additional leave under the FMLA for parental involvement and family wellness.

Sec. 194. Entitlement of Federal employees to leave for parental involvement and family wellness.

TITLE II--CHILD CARE EXPANSION AND IMPROVEMENT

Subtitle A--Education Begins at Home

Sec. 201. Short title.

Sec. 202. Purposes.

Sec. 203. Definitions.

Sec. 204. Grants for early childhood home visitation.

Sec. 205. Targeted grants for early childhood home visitation for families with English language learners.

Sec. 206. Targeted grants for early childhood home visitation for military families.

Sec. 207. Evaluation.

Sec. 208. Reports to Congress.

Sec. 209. Supporting new parents through hospital education.

Subtitle B--Care for Young Children

Sec. 215. Expanding child care for young children.

Subtitle C--Improving Child Care Quality Through Teacher Incentives

Sec. 221. Purpose.

Sec. 222. Definitions.

Sec. 223. Funds for child care provider development and retention grants, scholarships, and health benefits coverage.

Sec. 224. Allotments to States.

Sec. 225. Application and plan.

Sec. 226. Child Care Provider Development and Retention Grant Program.

Sec. 227. Child Care Provider Scholarship Program.

Sec. 228. Child care provider health benefits coverage.

Sec. 229. Annual report.

Sec. 230. Evaluation of health benefits programs by Secretary.

Sec. 231. Authorization of appropriations.

Subtitle D--Child Care Facilities Financing

Sec. 241. Short title.

Sec. 242. Technical and financial assistance grants.

Sec. 243. Definitions.

Sec. 244. Authorization of appropriations.

Subtitle E--Business Child Care Incentive Grant Program

Sec. 251. Business child care incentive grant program.

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

Subtitle A--Universal Prekindergarten Act

Sec. 301. Short title.

Sec. 302. Purpose.

Sec. 303. Prekindergarten grant program authorization.

Sec. 304. State requirements.

Sec. 305. Local requirements.

Sec. 306. Professional development set-aside.

Sec. 307. Reporting.

Sec. 308. Federal funds supplementary.

Sec. 309. Definitions.

Sec. 310. Authorization of appropriations.

Subtitle B--Universal Free School Breakfast Program

Sec. 311. Universal free school breakfast program.

Subtitle C--Free Lunch Eligibility

Sec. 321. Free lunch eligibility.

Subtitle D--Child and Adult Care Food Program

Sec. 331. Reimbursements for afterschool dinners.

Subtitle E--Afterschool Education Enhancement Act

Sec. 341. Short title.

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

TITLE IV--IMPROVING THE WORKPLACE FOR FAMILIES

Subtitle A--Part-Time and Temporary Workers Benefits

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

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

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

Sec. 404. Effective dates.

Subtitle B--United States Business Telework Act

Sec. 411. Short title.

Sec. 412. Telework pilot program.

Sec. 413. Report to Congress.

Sec. 414. Definition.

Sec. 415. Termination.

Sec. 416. Authorization of appropriations.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Currently in 2/3 of married families with children in the United States, both parents work full-time. Seventy-one percent of mothers with children under age 18 work full-time, and another 29 percent work part-time.

(2) The National Study of the Changing Workforce found that 70 percent of employed parents indicated that they don’t have enough time with their children.

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

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

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

(4) Nearly 2/3 of employees who need to take family or medical leave do not take such leave because they cannot afford to forgo the pay.

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

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

(7) The cost of child care averages $4,000 to $6,000 per year in the United States, and families with younger children or with more than one child face even greater costs. For example, the average annual cost of child care for a 4-year-old in an urban area center is more than the average annual cost of public college tuition in all but one State.

(8) The average annual child care teacher salary is $15,430, a wage so low that many programs find it extremely challenging to recruit fully qualified teachers and to retain them. High turnover rates make it more difficult to provide quality and continuity of care.

(9) Only 12 percent of eligible children receive child care assistance through the Child Care Development Block Grant, and only about 3 out of 5 eligible preschoolers are able to participate in the Head Start program.

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

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

(12) According to the Bureau of the Census, nearly 7,000,000 children in the United States are left alone after school each week without adult supervision or structured activities of any kind.

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

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

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

(16) More United States families are working more hours than ever. In 2000, the average American worker worked 36 hours more, almost a full week, than in 1990. A recent AFL-CIO poll found that nearly three-quarters of working adults indicated that they have little or no control over their work schedules.

(17) The AFL-CIO’s ‘Ask a Working Woman’ survey for 2002 reported that 63 percent of working women work more than 40 hours a week, 30 percent of working women work 20 to 39 hours a week, and 7 percent of working women work less than 20 hours a week.

TITLE I--PAID LEAVE FOR NEW PARENTS AND FAMILY AND MEDICAL LEAVE ENHANCEMENT ACT OF 2009

Subtitle A--Paid Leave for New Parents

SEC. 101. SHORT TITLE.

This subtitle may be cited as the ‘Family Leave Insurance Act of 2009’.

SEC. 102. GENERAL DEFINITIONS.

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

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

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

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

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

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

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

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

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

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

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

(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.

PART 1--FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM

SEC. 111. PROGRAM DEFINITIONS.

In this part:

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

(A) An employee who--

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

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

(B) An employee--

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

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

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

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

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

(2) EMPLOYER-RELATED DEFINITIONS-

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

(i) that is--

(I) an employer;

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

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

(ii) that is not a voluntary plan employer.

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

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

(ii) includes--

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

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

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

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

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

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

SEC. 112. ESTABLISHMENT OF PROGRAM.

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

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

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

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

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

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

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

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

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

SEC. 113. PROGRAM BENEFITS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) INDEXING OF ANNUAL INCOME CATEGORIES-

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

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

(d) Application-

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

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

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

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

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

(C) In any case in which the second opinion described in subparagraph (B) differs from the opinion in the original certification provided under subparagraph (A), the covered agency may require, at the expense of the agency, that the employee obtain the opinion of a third health care provider designated or approved jointly by the agency and the employee concerning the information certified under subparagraph (A). The opinion of the third health care provider concerning such information shall be considered to be final and shall be binding on the agency and the employee.

(e) Payment of Benefits-

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

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

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

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

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

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

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

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

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

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

SEC. 114. VOLUNTARY EMPLOYER PLAN.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 115. ADDITIONAL BENEFITS.

(a) Additional Employer Benefits-

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

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

(b) Collective Bargaining-

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

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

SEC. 116. PROHIBITED ACTS BY EMPLOYER.

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

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

(c) Interference With Proceedings or Inquiries- It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual--

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

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

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

SEC. 117. ENFORCEMENT.

(a) Civil Action by Employees-

(1) LIABILITY- Any covered employer who violates section 116 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 8 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 a covered employer who has violated section 116 proves to the satisfaction of the court that the act or omission which violated section 116 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 116, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and

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

(2) RIGHT OF ACTION-

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

(i) the employees; or

(ii) the employees and other employees similarly situated.

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

(i) on the filing of a complaint by the Secretary in an action under subsection (b)(3) in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such employee by an employer responsible under paragraph (1) for the payment; or

(ii) on the filing of a complaint by the Secretary in an action under paragraph (1) or (2) of subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an eligible employee by an employer liable under paragraph (1),

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

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

(b) Actions by the Secretary-

(1) ADMINISTRATIVE ACTION- The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 116 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).

(2) CIVIL ACTION-

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

(B) SUMS RECOVERED- Any sums recovered by the Secretary pursuant to this paragraph shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts.

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

(A) to restrain violations of section 116, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or

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

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

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

(2) WILLFUL VIOLATION- In the case of such action brought for a willful violation of section 116, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought.

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

(d) Investigative Authority-

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

(2) OBLIGATION TO KEEP AND PRESERVE RECORDS- Any covered employer shall make, keep, and preserve records pertaining to compliance with this part in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by the Secretary. The Secretary shall have access to the records for purposes of conducting audits.

(3) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS- The Secretary shall not under the authority of this subsection require any covered employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this part or any regulation or order issued pursuant to this part, or is investigating a charge pursuant to subsection (b).

(4) SUBPOENA POWER- For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).

SEC. 118. PENALTIES.

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

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

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

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

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

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

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

SEC. 119. EDUCATION PROGRAMS.

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

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

SEC. 120. REGULATIONS.

The Secretary shall issue regulations to carry out this part.

SEC. 121. EFFECTIVE DATE.

This part shall take effect on January 1, 2011, and apply to periods of leave that commence on or after January 1, 2012.

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

SEC. 131. PROGRAM DEFINITIONS.

In this part:

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

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

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

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

SEC. 132. ESTABLISHMENT OF PROGRAM.

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

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

PART 3--FAMILY AND MEDICAL LEAVE INSURANCE FUND

SEC. 141. ESTABLISHMENT.

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

(b) Appropriations to Insurance Fund-

(1) AMOUNTS APPROPRIATED- There is appropriated to the Insurance Fund for fiscal year 2011 and each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of--

(A) the family and medical leave premiums imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or the Secretary’s delegate under subtitle F of such Code after December 31, 2009, as determined by the Secretary of the Treasury by applying the applicable rates of premium payment under such sections to such wages, which wages shall be certified by the Commissioner of Social Security;

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

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

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