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Code · BILL · 116th Congress · H.R. 5456 (Introduced in House) — To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a dome... · Sec. 4

Sec. 4. Entitlement to additional leave under the FMLA for parental involvement and family wellness

748 words·~3 min read·/bill/116/hr/5456/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ), as amended by section 2(b), is further amended— by redesignating paragraph
(5)as paragraph (6); and by inserting after paragraph
(4)the following new paragraph: Subject to subparagraph
(B)and section 103(g), an eligible employee shall be entitled to leave under this paragraph to— 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 meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse, or grandchild of the employee) or attend to the care needs of an elderly individual who is related to the employee through a relationship described in section 102(a) (including by making visits to nursing homes or group homes). An eligible employee shall be entitled to— not to exceed 4 hours of leave under this paragraph during any 30-day period; and not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. As used in this paragraph: 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 section 101(12), such as a scouting or sports organization. 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.), and a child care facility licensed under State law. . 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: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. . 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: 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 part of the period of leave under subsection (a)(5). 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 any part of the period of leave provided under clause
(ii)of subsection (a)(5)(A), 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 under subsection (a)(5), the employer shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this Act. . Section 102(e) of such Act ( 29 U.S.C. 2612(e) ), as amended by section 2(b), is further amended by adding at the end the following new paragraph: In any case in which an employee requests leave under paragraph
(5)of subsection (a), the employee shall— provide the employer with not less than 7 days’ notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee’s intention to take leave under such paragraph; and in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any). . Section 103 of such Act ( 29 U.S.C. 2613 ) is amended by adding at the end the following new subsection: 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. .
Connectionstraces to 4
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cites case law
Sec. 4
Entitlement to additional leave under the FMLA for parental involvement and family wellness
U.S.C.§ 2612
U.S.C.§ 7801
U.S.C.§ 9831
U.S.C.§ 2613
Cites 4Cited by 0 across 0 sources
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