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)), as amended by section 2(b), is further amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) 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 by attending medical and dental appointments of the employee or a son or daughter, spouse or domestic partner, or grandchild of the employee) or attend to the care needs of an elderly individual who is any other individual whose close association is the equivalent of a family relationship with the employee (including by making visits to nursing homes or group homes). (B) Limitations (i) In general An eligible employee shall be 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 described in paragraph (4). (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) 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 section 101(12), such as a scouting or sports organization. (ii) 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.), and a child care facility licensed under State law.. (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: Subject to subsection (e)(4) and section 103(g), 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 (i) Vacation leave; personal leave; family 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 part of the period of leave under subsection (a)(5). (ii) Medical or sick leave 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. (iii) Prohibition on restrictions and limitations 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.. (d) Notice 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: (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 (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 (B) 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).. (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..