Family and Medical Leave Act of 1991

Summary

Family and Medical Leave Act of 1991 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) both parents may not take such leave at the same time; and (3) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give reasonable notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) second opinion; (4) resolution of conflicting opinions; and (5) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act, including provisions relating to: (1) restoration to position; (2) denial of such restoration in the case of certain highly compensated employees; (3) maintenance of health benefits; and (4) no bar to agreement concerning alternative employment. Prohibits employers or other persons from interfering with employee rights under this Act or from discriminating against any individual because of participation in proceedings or inquiries under this Act. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for investigative authority, injunctive and monetary relief, attorneys' fees, and limitation of actions. Sets forth special rules concerning employees of local educational agencies, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Allows such employees up to: (1) 18 administrative workweeks in any 24-month period for family leave (i.e., leave because of the birth or placement of a child or care of a sick child or parent), but such leave may not be used at a time more than 12 months after such birth or placement; and (2) 26 administrative workweeks during any 12-month period for temporary medical leave. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses and alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title V: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 3 January 1991

   Introduced

   Referred to the House Committee on Education and Labor.

   Source: IntroReferral

2. 3 January 1991

   Introduced

   Introduced in House

   Source: IntroReferral

3. 3 January 1991

   Introduced

   Introduced in House

   Source: IntroReferral

4. 31 January 1991

   Referred

   Referred to the Subcommittee on Compensation and Employee Benefits.

   Source: Committee

5. 8 February 1991

   Referred

   Referred to the Subcommittee on Labor Standards.

   Source: Committee

6. 21 February 1991

   Committee

   Executive Comment Requested from Labor.

   Source: Committee

7. 21 February 1991

   Referred

   Referred to the Subcommittee on Personnel and Police.

   Source: Committee

8. 28 February 1991

   Committee

   Subcommittee Hearings Held.

   Source: Committee

9. 7 March 1991

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

10. 7 March 1991

    Committee

    Forwarded by Subcommittee to Full Committee.

    Source: Committee

11. 12 March 1991

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

12. 12 March 1991

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

13. 13 March 1991

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

14. 13 March 1991

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

15. 20 March 1991

    Committee

    Subcommittee on Labor Standards Discharged.

    Source: Committee

16. 20 March 1991

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

17. 20 March 1991

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

18. 19 May 1991

    Committee

    Executive Comment Received from Labor.

    Source: Committee

19. 27 June 1991

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-135, Part I.

    Source: Committee

20. 27 June 1991

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-135, Part I.

    Source: Committee

21. 24 October 1991

    Floor

    NOTIFICATION OF RULES COMMITTEE HEARING - Mr. Moakley notified the House that the Rules Committee would begin hearings on H.R. 2 the week of Oct. 28, 1991, and specified that Members wishing to have amendments to the bill made in order, must submit 55 copies of each amendment to the Committee on Rules by 5 p.m., Oct. 29, 1991.

    Source: Floor

22. 12 November 1991

    Reported

    Rules Committee Resolution H. Res. 275 Reported to House. Rule provides for consideration of H.R. 2 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill, as modified by the amendments printed in part 1 of the report of the Committee on Rules accompanying this resolution, as an original bill for the purpose of amendment under the five-minute rule. All points of order against said substitute, as modified, are waived. Measure will be considered read. Specified amendments are in order. Only the amendments printed in part 2 of the report of the Committee on Rules accompanying this resolution are in order. All points of order against the amendments in the report of the Committee on Rules are waived. After pa...

    Source: Floor

23. 13 November 1991

    Floor

    Mr. Goodling moved to recommit with instructions to Education and Labor.

    Source: Floor

24. 13 November 1991

    Passed

    The title of the measure was amended. Agreed to without objection.

    Source: Floor

25. 13 November 1991

    Vote

    On passage Passed by the Yeas and Nays: 253 - 177 (Roll no. 393).

    Source: Floor

26. 13 November 1991

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 253 - 177 (Roll no. 393).

    Source: Floor

27. 13 November 1991

    Vote

    On motion to recommit with instructions Failed by the Yeas and Nays: 119 - 312 (Roll no. 392).

    Source: Floor

28. 13 November 1991

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

29. 13 November 1991

    Floor

    Laid on the table. See S. 5 for further action.

    Source: Floor

30. 13 November 1991

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

31. 13 November 1991

    Floor

    The Speaker designated the Honorable Barbara B. Kennelly to act as Chairwoman of the Committee.

    Source: Floor

32. 13 November 1991

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 275 and Rule XXIII.

    Source: Floor

33. 13 November 1991

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

34. 13 November 1991

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2.

    Source: Floor

35. 13 November 1991

    Floor

    Rule provides for consideration of H.R. 2 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill, as modified by the amendments printed in part 1 of the report of the Committee on Rules accompanying this resolution, as an original bill for the purpose of amendment under the five-minute rule. All points of order against said substitute, as modified, are waived. Measure will be considered read. Specified amendments are in order. Only the amendments printed in part 2 of the report of the Committee on Rules accompanying this resolution are in order. All points of order against the amendments in the report of the Committee on Rules are waived. After pa...

    Source: Floor

36. 13 November 1991

    Floor

    Considered under the provisions of rule H. Res. 275.

    Source: Floor

37. 13 November 1991

    Passed

    Rule H. Res. 275 passed House.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Introduced in House · undated · Official file
• Reported in House · undated · Official file

Documents

6 official files

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 13 November 1991

  Open at official source

• Reported to House amended, Part II

  summary · EN · 27 June 1991

  Open at official source

• Reported to House amended, Part I

  summary · EN · 27 June 1991

  Open at official source

• Introduced in House

  summary · EN · 3 January 1991

  Open at official source

Sponsors

• Rep. Clay, William (Bill) [D-MO-1] · D · Sponsor
• Rep. Roukema, Marge [R-NJ-5] · R · Sponsor
• Rep. Schroeder, Patricia [D-CO-1] · D · Sponsor
• Rep. Weldon, Curt [R-PA-7] · R · Sponsor
• Rep. Gordon, Bart [D-TN-6] · D · Sponsor
• Rep. Ford, William D. [D-MI-15] · D · Cosponsor
• Rep. Williams, Pat [D-MT-1] · D · Cosponsor
• Rep. Gaydos, Joseph M. [D-PA-20] · D · Cosponsor
• Rep. Kildee, Dale E. [D-MI-7] · D · Cosponsor
• Rep. Miller, George [D-CA-7] · D · Cosponsor
• Rep. Hayes, Charles A. [D-IL-1] · D · Cosponsor
• Rep. Owens, Major R. [D-NY-12] · D · Cosponsor
• Rep. Sawyer, Tom [D-OH-14] · D · Cosponsor
• Rep. Ackerman, Gary L. [D-NY-7] · D · Cosponsor
• Rep. Annunzio, Frank [D-IL-11] · D · Cosponsor
• Rep. Atkins, Chester G. [D-MA-5] · D · Cosponsor
• Rep. AuCoin, Les [D-OR-1] · D · Cosponsor
• Rep. Beilenson, Anthony C. [D-CA-23] · D · Cosponsor
• Rep. Bennett, Charles E. [D-FL-3] · D · Cosponsor
• Rep. Berman, Howard L. [D-CA-26] · D · Cosponsor
• Rep. Boehlert, Sherwood [R-NY-25] · R · Cosponsor
• Rep. Bonior, David E. [D-MI-12] · D · Cosponsor
• Rep. Boxer, Barbara [D-CA-6] · D · Cosponsor
• Rep. Brown, George E., Jr. [D-CA-36] · D · Cosponsor
• Rep. Bruce, Terry L. [D-IL-19] · D · Cosponsor
• Rep. Bryant, John W. [D-TX-5] · D · Cosponsor
• Rep. Campbell, Tom [R-CA-12] · R · Cosponsor
• Rep. Carper, Thomas R. [D-DE-At Large] · D · Cosponsor
• Rep. Coleman, Ronald D. [D-TX-16] · D · Cosponsor
• Rep. Collins, Cardiss [D-IL-7] · D · Cosponsor
• Rep. Collins, Barbara-Rose [D-MI-15] · D · Cosponsor
• JOHN CONYERS · D · Cosponsor
• Rep. Davis, Robert W. [R-MI-11] · R · Cosponsor
• PETER DEFAZIO · D · Cosponsor
• Rosa DeLauro · D · Cosponsor
• Rep. Dellums, Ronald V. [D-CA-8] · D · Cosponsor
• Rep. Downey, Thomas J. [D-NY-2] · D · Cosponsor
• Richard Durbin · D · Cosponsor
• Rep. Dwyer, Bernard J. [D-NJ-6] · D · Cosponsor
• Rep. Dymally, Mervyn M. [D-CA-31] · D · Cosponsor
• ELIOT ENGEL · D · Cosponsor
• Rep. Espy, Mike [D-MS-2] · D · Cosponsor
• Rep. Evans, Lane [D-IL-17] · D · Cosponsor
• Rep. Fascell, Dante B. [D-FL-15] · D · Cosponsor
• Rep. Fazio, Vic [D-CA-4] · D · Cosponsor
• Rep. Feighan, Edward F. [D-OH-19] · D · Cosponsor
• Rep. Fish, Hamilton, Jr. [R-NY-25] · R · Cosponsor
• Rep. Flake, Floyd H. [D-NY-6] · D · Cosponsor

Showing 48 of 184 sponsors and actors.

Related records

• related to → Providing for the consideration of the bill (H.R. 2) to entitle employees to family leave in certain cases involving a birth, an adoption, or a serious health condition and to temporary medical leave in certain cases involving a serious health condition, with adequate protection of the employees' employment and benefit rights, and to establish a commission to study ways of providing salary replacement for employees who take any such leave.
• related to ← Family and Medical Leave Act of 1991