Family and Medical Leave Act of 1991

openUnited States· United States Congress· EN

Introduced

14 January 1991

Last action

1 October 1992 · Floor

Status

Message on House action received in Senate.

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; and (2) maintenance of health benefits. 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: 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) 12 workweeks in any 12-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) 12 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.

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

Timeline

14 January 1991
Introduced
Introduced in Senate
Source: IntroReferral
14 January 1991
Introduced
Read twice and referred to the Committee on Labor and Human Resources.
Source: IntroReferral
24 January 1991
Committee
Subcommittee on Children, Family, Drugs, Alcohol. Hearings held. Hearings printed: S.Hrg. 102-58.
Source: Committee
24 February 1991
Committee
Subcommittee on Children, Family, Drugs, Alcohol. Hearings held. Hearings printed: S.Hrg. 102-58.
Source: Committee
24 April 1991
Reported
Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Source: Committee
2 May 1991
Committee
Committee on Labor and Human Resources received executive comment from Department of Labor. Unfavorable.
Source: Committee
30 May 1991
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 100.
Source: Calendars
30 May 1991
Reported
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy under the authority of the order of May 17, 91 with an amendment in the nature of a substitute. With written report No. 102-68. Minority views filed.
Source: Committee
30 May 1991
Reported
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy under the authority of the order of May 17, 91 with an amendment in the nature of a substitute. With written report No. 102-68. Minority views filed.
Source: Committee
27 September 1991
Floor
Motion to proceed to consideration of measure made in Senate.
Source: Floor
1 October 1991
Floor
Senate vitiated the cloture vote on the motion to proceed by Unanimous Consent.
Source: Floor
2 October 1991
Floor
Measure laid before Senate by unanimous consent.
Source: Floor
2 October 1991
Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Source: Floor
3 October 1991
Floor
Held at the desk.
Source: Floor
3 October 1991
Floor
Received in the House.
Source: Floor
7 October 1991
Floor
Message on Senate action sent to the House.
Source: Floor
13 November 1991
Floor
A similar measure H.R. 2 was laid on the table without objection.
Source: Floor
13 November 1991
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: Floor
13 November 1991
Passed
On passage Passed without objection.
Source: Floor
13 November 1991
Passed
Passed/agreed to in House: On passage Passed without objection.
Source: Floor
13 November 1991
Passed
The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2. Agreed to without objection.
Source: Floor
13 November 1991
Floor
Considered by unanimous consent.
Source: Floor
13 November 1991
Floor
Mr. Ford (MI) asked unanimous consent to take from the Speaker's table and consider.
Source: Floor
18 November 1991
Floor
Message on House action received in Senate and held at desk: House amendment to Senate bill.
Source: Floor
28 July 1992
Passed
Senate disagreed to House amendment, requested a conference and appointed conferees. Kennedy; Metzenbaum; Dodd; Harkin; Mikulski; Hatch; Kassebaum; Coats.
Source: ResolvingDifferences
29 July 1992
Floor
Message on Senate action sent to the House.
Source: Floor
4 August 1992
Passed
On motion that the House insist upon its amendment, and agree to a conference Agreed to by voice vote.
Source: ResolvingDifferences
4 August 1992
ResolvingDifferences
Mr. Ford (MI) moved to take from the Speaker's table, insist on the House amendment, and agree to a conference.
Source: ResolvingDifferences
4 August 1992
Floor
By unanimous consent, the Speaker reserved the authority to appoint additional conferees.
Source: Floor
4 August 1992
ResolvingDifferences
The Speaker appointed conferees - from the Committee on Education and Labor for consideration of titles I, III, and IV (except sec. 404) of the Senate bill, and titles I, III, and IV of the House amendment, and modifications committed to conference: Ford (MI), Clay, Miller (CA), Kildee, Williams, Martinez, Owens (NY), Hayes (IL), Sawyer, Payne (NJ), Unsoeld, Washington, Serrano, Mink, Olver, Pastor, Goodling, Petri, Roukema, Armey, Fawell, Ballenger, Barrett, Boehner, and Edwards (OK).
Source: ResolvingDifferences
4 August 1992
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: ResolvingDifferences
5 August 1992
Passed
Conferees agreed to file conference report.
Source: ResolvingDifferences
5 August 1992
Passed
Conference committee actions: Conferees agreed to file conference report.
Source: ResolvingDifferences
5 August 1992
Floor
Message on House action received in Senate.
Source: Floor
7 August 1992
ResolvingDifferences
Conference papers: Senate report and managers' statement held at the desk in Senate.
Source: ResolvingDifferences
10 August 1992
ResolvingDifferences
Conference report H. Rept. 102-816 filed.
Source: ResolvingDifferences
10 August 1992
ResolvingDifferences
Conference report filed: Conference report H. Rept. 102-816 filed.
Source: ResolvingDifferences
11 August 1992
Floor
Message on Senate action sent to the House.
Source: Floor
11 August 1992
Passed
Senate agreed to conference report by Unanimous Consent.
Source: ResolvingDifferences
11 August 1992
Passed
Conference report agreed to in Senate: Senate agreed to conference report by Unanimous Consent.
Source: ResolvingDifferences
9 September 1992
Reported
Rules Committee Resolution H. Res. 560 Reported to House. Rule provides for consideration of the conference report to S. 5. During consideration of the conference report, points of order against the conference report for failure to comply with clause 3 of rule XXVIII are waived. The conference report shall be debatable for 90 minutes, proportionally divided and controlled.
Source: Floor
10 September 1992
Passed
Rule H. Res. 560 passed House.
Source: Floor
10 September 1992
Vote
On agreeing to the conference report Agreed to by the Yeas and Nays: 241 - 161 (Roll no. 390).
Source: ResolvingDifferences
10 September 1992
Passed
Motions to reconsider laid on the table Agreed to without objection.
Source: ResolvingDifferences
10 September 1992
Vote
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 241 - 161 (Roll no. 390).
Source: ResolvingDifferences
10 September 1992
Floor
The previous question was ordered without objection.
Source: Floor
10 September 1992
Floor
DEBATE - Pusuant to the provisions of H. Res. 560, the House proceeded with 90 minutes of debate.
Source: Floor
10 September 1992
ResolvingDifferences
Mr. Clay brought up conference report H. Rept. 102-816 for consideration under the provisions of H. Res. 560.
Source: ResolvingDifferences
15 September 1992
Floor
Message on House action received in Senate.
Source: Floor
17 September 1992
Floor
Presented to President.
Source: Floor
17 September 1992
President
Presented to President.
Source: President
22 September 1992
Veto
Veto message received in Senate. Held at the desk.
Source: Veto
22 September 1992
President
Vetoed by President.
Source: President
22 September 1992
President
Vetoed by President.
Source: President
24 September 1992
Vote
Passed Senate over veto by Yea-Nay Vote. 68-31. Record Vote No: 232.
Source: Veto
24 September 1992
Vote
Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 68-31. Record Vote No: 232.
Source: Veto
25 September 1992
Floor
Message on Senate action sent to the House.
Source: Floor
25 September 1992
Vote
On motion to postpone consideration of the veto message until Sept. 30. Agreed to by the Yeas and Nays: 239 - 139 (Roll no. 430).
Source: Veto
25 September 1992
Veto
Mr. Gephardt moved to postpone consideration of the veto message until Sept. 30.
Source: Veto
25 September 1992
Veto
The Chair laid before the House the veto message from the President.
Source: Veto
25 September 1992
Floor
The previous question on the motion to postpone consideration of the veto message was ordered without objection.
Source: Floor
25 September 1992
Floor
Floor summary: DEBATE - The House proceeded with ten minutes of debate on the motion to postpone consideration of the President's veto message.
Source: Floor
30 September 1992
Vote
On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays (2/3 required): 258 - 169 (Roll No. 443).
Source: Veto
30 September 1992
President
The Chair announced the unfinished business to be the consideration of the veto.
Source: President
30 September 1992
Vote
Failed of passage in House over veto: On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays (2/3 required): 258 - 169 (Roll No. 443).
Source: Veto
30 September 1992
Floor
The previous question was ordered without objection.
Source: Floor
30 September 1992
Floor
DEBATE - The House proceeded with one hour of debate on the question of passage upon reconsideration, the objections of the President to the contrary notwithstanding.
Source: Floor
1 October 1992
Floor
Message on House action received in Senate.
Source: Floor

Votes

24 September 1992 · Veto Overridden · On Overriding the Veto S. 5 · Veto Overridden · Official source

Yes 68 · No 31 · Abstain — · Absent/not voting 1

Showing the first 4 recorded positions. Vote totals above are complete.

Versions

Introduced in Senate · — · Download file
Engrossed Amendment House · — · Download file
Enrolled Bill · — · Download file
Engrossed in Senate · — · Download file
Reported to Senate · — · Download file

Documents

10 official files

Reported to Senate (text)

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Reported to Senate (text)
Reported to Senate · EN
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Engrossed in Senate (text)
Engrossed in Senate · EN
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Enrolled Bill (text)
Enrolled Bill · EN
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Engrossed Amendment House (text)
Engrossed Amendment House · EN
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Introduced in Senate (text)
Introduced in Senate · EN
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Conference report filed in House
summary · EN · 10 August 1992
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Passed House amended
summary · EN · 13 November 1991
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Passed Senate amended
summary · EN · 2 October 1991
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Reported to Senate with amendment(s)
summary · EN · 30 May 1991
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Introduced in Senate
summary · EN · 14 January 1991
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Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/102nd-congress/senate-bill/5
Open data entity: https://api.congress.gov/v3/bill/102/s/5
us · 102-s-5 · source updated 21 April 2025