,,ii #aaith ,,congress #ast ,session ,s4 #bhbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjbe,mrs4 ,gillibrand 7for herself1 ,mr4 ,wyden1 ,ms4 ,alsobrooks1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,ms4 ,blunt ,rochester1 ,mr4 ,booker1 ,mr4 ,coons1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,fetterman1 ,mr4 ,gallego1 ,ms4 ,hassan1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,kelly1 ,mr4 ,kim1 ,ms4 ,klobuchar1 ,mr4 ,lujn1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mrs4 ,murray1 ,mr4 ,padilla1 ,mr4 ,reed1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mr4 ,schiff1 ,mr4 ,schumer1 ,mrs4 ,shaheen1 ,ms4 ,slotkin1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,mr4 ,warnock1 ,ms4 ,warren1 ,mr4 ,welch1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide paid family and medical leave benefits to certain individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family and ,medical ,insurance ,leave ,act or the ,,family ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,caregiving hour 7,a7 ,in general ,the term caregiving hour means1 with respect to an individual1 a #a-;hour period during which the individual engaged in qualified caregiving4 7,b7 ,limitations ,with respect to any benefit period1 an individual may not exceed a number of caregiving hours equal to #ab times the number of hours in a regular workweek of the individual 7as determined under subparagraph 7,c774 7,c7 ,number of hours in a regular workweek ,for purposes of this ,act1 the number of hours in a regular workweek of an individual shall be the number of hours that the individual regularly works in a week for all employers or as a self-employed individual 7or regularly worked in the case of an individual who is no longer working or whose total weekly hours of work have been reduced7 during the month before the individual's benefit period begins 7or prior to such month1 if applicable in the case of an individual who is no longer working or whose total weekly hours of work have been reduced74 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#c7 ,deputy ,commissioner ,the term ,deputy ,commissioner means the ,deputy ,commissioner who heads the ,office of ,paid ,family and ,medical ,leave established under section #c7;a74 7#d7 ,eligible individual ,the term eligible individual means an individual who is entitled to a benefit under section #d for a particular month1 upon filing an application for such benefit for such month4 7#e7 ,national average wage index ,the term national average wage index has the meaning given such term in section #bji7k77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dji7k77#a774 7#f7 ,qualified caregiving 7,a7 ,in general ,the term qualified caregiving means any activity engaged in by an individual1 other than regular employment1 for a qualifying reason4 7,b7 ,qualifying reason 7i7 ,in general ,for purposes of subparagraph 7,a71 the term qualifying reason means any of the following reasons for taking leave3 7,i7 ,any reason for which an eligible employee would be entitled to leave under subparagraph 7,a71 7,b71 or 7,e7 of paragraph 7#a7 of section #ajb7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a774 7,,ii7 ,in order to care for a qualified family member of the individual1 if such qualified family member has a serious health condition4 7,,iii7 ,because of a serious health condition that makes the individual unable to perform the services required under the terms of their regular employment4 7,,iv7 ,because the individual1 or a qualified family member1 is a victim of family violence or a qualifying act of violence1 if the leave is for the individual to do any of the following or to assist the individual's qualified family member to1 as a result of such violence1 do any of the following3 7aa7 ,seek1 receive1 or secure counseling4 7bb7 ,seek or secure temporary or permanent relocation or take steps to secure an existing home4 7cc7 ,seek1 receive1 or follow up on assistance from a victim services organization or agency providing services to victims4 7dd7 ,seek legal assistance or attend legal proceedings1 including preparation for or participation in any related administrative1 civil1 or criminal legal proceedings or other related activities4 7ee7 ,seek medical attention for physical or psychological injury or disability caused or aggravated by the qualifying act of violence4 7ff7 ,enroll in a new school or care arrangement4 7gg7 ,take other steps necessary to protect or restore their physical1 mental1 emotional1 spiritual1 and economic well-being or the well-being of a qualified family member recovering from a qualifying act of violence4 7ii7 ,qualified family member2 serious health condition ,in this subparagraph3 7,i7 ,qualified family member ,the term qualified family member means1 with respect to an individual-- 7aa7 a spouse 7including a domestic partner in a civil union or other registered domestic partnership recognized by a ,state7 or a parent of such spouse2 7bb7 a child 7regardless of age7 or a child's spouse2 7cc7 a parent or a parent's spouse2 7dd7 a sibling or a sibling's spouse2 7ee7 a grandparent1 a grandchild1 or a spouse of a grandparent or grandchild2 and 7ff7 any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship4 7,,ii7 ,serious health condition ,the term serious health condition has the meaning given such term in section #aja7aa7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7aa774 7iii7 ,treatment of individuals covered by legacy ,state comprehensive paid leave program 7,i7 ,in general ,for purposes of subparagraph 7,a71 an activity engaged in by an individual shall not be considered as other than regular employment if1 for the time during which the individual was so engaged1 the individual is taking leave from covered employment under the law of a legacy ,state 7as defined in section #d7;c774 7,,ii7 ,unemployed ,in the case of an individual who is no longer employed1 such individual shall be treated1 for purposes of clause 7i71 as taking leave from covered employment under the law of a legacy ,state 7as so defined7 with respect to the portion of the time during which the individual was engaged in an activity for a qualifying reason corresponding to the share of the individual's workweek that was in covered employment under the law of a legacy ,state 7as so defined74 7,c7 ,other definitions ,for purposes of this paragraph3 7i7 ,child ,the term child means1 regardless of age1 a biological1 foster1 or adopted child1 a stepchild1 a child of a domestic partner1 a legal ward1 or a child of a person standing in loco parentis4 7ii7 ,domestic partner 7,i7 ,in general ,the term domestic partner1 with respect to an individual1 means another individual with whom the individual is in a committed relationship4 7,,ii7 ,committed relationship defined ,the term committed relationship means a relationship between #b individuals1 each at least #ah years of age1 in which each individual is the other individual's sole domestic partner and both individuals share responsibility for a significant measure of each other's common welfare4 ,the term includes any such relationship between #b individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state or political subdivision of a ,state as a marriage or analogous relationship1 including a civil union or domestic partnership4 7iii7 ,dating violence ,the term dating violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7iv7 ,domestic violence ,the term domestic violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 except that the reference in such section to the term jurisdiction receiving grant funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located4 7v7 ,parent ,the term parent means a biological1 foster1 or adoptive parent of an employee1 a stepparent of an employee1 parent-in-law1 parent of a domestic partner1 or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child4 7vi7 ,qualifying act of violence ,the term qualifying act of violence means an act1 conduct1 or pattern of conduct that could constitute any of the following3 7,i7 ,dating violence4 7,,ii7 ,domestic violence4 7,,iii7 ,family violence4 7,,iv7 ,sexual assault4 7,v7 ,sex trafficking4 7,,vi7 ,stalking4 7,,vii7 ,other forms of gender-based violence or harassment4 7,,viii7 ,an act1 conduct1 or pattern of conduct-- 7aa7 in which an individual causes or threatens to cause bodily injury or death to another individual2 7bb7 in which an individual exhibits1 draws1 brandishes1 or uses a firearm1 or other dangerous weapon1 with respect to another individual2 or 7cc7 in which an individual uses1 or makes a reasonably perceived or actual threat to use1 force against another individual to cause bodily injury or death4 7vii7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7viii7 ,sex trafficking ,the term sex trafficking has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7ix7 ,spouse ,the term spouse1 with respect to an employee1 has the meaning given such term by the marriage laws of the ,state in which the marriage was celebrated4 7x7 ,stalking ,the term stalking has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7xi7 ,victim services organization ,the term victim services organization means a nonprofit1 nongovernmental organization that provides assistance to victims of qualifying acts of violence or advocates for such victims1 including-- 7,i7 a rape crisis center2 7,,ii7 an organization carrying out a prevention or treatment program for qualifying acts of violence2 7,,iii7 an organization operating a shelter or providing counseling services2 and 7,,iv7 a legal services organization or other organization providing assistance through the legal process4 7#g7 ,self-employment income ,the term self-employment income has the same meaning as such term in section #baa7;b7 of such ,act 7#db ,u4,s4,c4 #daa7;b774 7#h7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia or any territory or possession of the ,united ,states4 7#i7 ,wages ,the term wages has the meaning given such term in section #caba7;a7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by sections #caja7;b7 and #caaa7;b7 of such ,code 7without regard to section #caba7u77#b77;,c7 of such ,code71 except that such term also includes-- 7,a7 compensation1 as defined in section #cbca7;e7 of such ,code for purposes of the ,railroad ,retirement ,tax ,act2 and 7,b7 unemployment compensation1 as defined in section #he7;b7 of such ,code4 #c4 ,office of ,paid ,family and ,medical ,leave 7a7 ,establishment of ,office ,there is established within the ,social ,security ,administration an office to be known as the ,office of ,paid ,family and ,medical ,leave4 ,the ,office shall be headed by a ,deputy ,commissioner who shall be appointed by the ,commissioner4 7b7 ,responsibilities of ,deputy ,commissioner ,the ,commissioner1 acting through the ,deputy ,commissioner1 shall be responsible for-- 7#a7 hiring personnel and making employment decisions with regard to such personnel2 7#b7 issuing such regulations as may be necessary to carry out the purposes of this ,act2 7#c7 entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program2 7#d7 determining eligibility for family and medical leave insurance benefits under section #d2 7#e7 determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section2 7#f7 establishing and maintaining a system of records relating to the administration of such section2 7#g7 preventing fraud and abuse relating to such benefits2 7#h7 providing information on request regarding eligibility requirements1 the claims process1 benefit amounts1 maximum benefits payable1 notice requirements1 nondiscrimination rights1 confidentiality1 coordination of leave under this ,act and other laws1 collective bargaining agreements1 and employer policies2 7#i7 annually providing employers a notice to inform employees of the availability of such benefits2 7#aj7 annually making available to the public a report that includes the number of individuals who received such benefits1 the purposes for which such benefits were received1 and an analysis of utilization rates of such benefits by gender1 race1 ethnicity1 and income levels2 and 7#aa7 tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section4 7c7 ,availability of data ,notwithstanding any other provision of law1 the ,commissioner shall make available to the ,deputy ,commissioner such data as the ,commissioner determines necessary to enable the ,deputy ,commissioner to effectively carry out the responsibilities described in subsection 7b74 7d7 ,datasharing ,the ,commissioner and the heads of ,federal agencies shall make good faith efforts to enter into datasharing agreements to enable the ,deputy ,commissioner to effectively carry out the responsibilities described in subsection 7b74 7e7 ,report to ,congress ,not later than #ab months after the date of enactment of this ,act1 the ,commissioner shall submit to ,congress a report including information on the following3 7#a7 ,databases maintained by ,federal agencies that contain information necessary to carry out the purposes of this ,act1 including information on any congressional action needed to permit the ,commissioner to access such databases for such purposes4 7#b7 ,the feasibility of expediting the review of applications under paragraph 7#a7 of section #d7;f7 and the payment of monthly benefit payments under paragraph 7#b7 of such section1 including the effects of establishing shorter time frames for such reviews and payment in statute4 #d4 ,family and ,medical ,leave ,insurance benefit payments 7a7 ,in general 7#a7 ,requirements ,every individual who-- 7,a7 has filed an application for a family and medical leave insurance benefit in accordance with subsection 7d72 7,b7 was engaged in qualified caregiving1 or anticipates being so engaged1 during the period that begins #ij days before the date on which such application is filed and ends #cj days after such date2 7,c7 has wages or self-employment income at any time during the period-- 7i7 beginning with the most recent calendar quarter that ends at least #d months prior to the beginning of the individual's benefit period specified in subsection 7c72 and 7ii7 ending with the month before the month in which such benefit period begins2 and 7,d7 has at least the specified amount of wages and self-employment income during the most recent #h-;calendar quarter period that ends at least #d months prior to the beginning of the individual's benefit period specified in subsection 7c71 shall be entitled to such a benefit for each month in such benefit period4 7#b7 ,specified amount ,for purposes of paragraph 7#a77;,d71 the specified amount shall be-- 7,a7 if the benefit period begins in calendar year #bjbf1 #b1jjj2 and 7,b7 if the benefit period begins in any calendar year after #bjbf1 an amount equal to the greater of-- 7i7 the specified amount applicable for the preceding calendar year2 or 7ii7 an amount equal to the product of-- 7,i7 #b1jjj2 multiplied by 7,,ii7 an amount equal to the quotient of-- 7aa7 the national average wage index for the second calendar year preceding such calendar year2 divided by 7bb7 the national average wage index for #bjbd4 7b7 ,benefit amount 7#a7 ,in general ,except as otherwise provided in this subsection1 the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the product of-- 7,a7 the greater of-- 7i7 the lesser of-- 7,i7 an amount equal to the monthly benefit rate determined under paragraph 7#b72 and 7,,ii7 the maximum benefit amount determined under paragraph 7#c72 and 7ii7 the minimum benefit amount determined under paragraph 7#c72 and 7,b7 the quotient 7not greater than #a7 obtained by dividing the number of caregiving hours of the individual in such month by the product of-- 7i7 the number of hours in a regular workweek of the individuals2 and 7ii7 the number of workweeks 7including partial workweeks7 in such month4 7#b7 ,monthly benefit rate 7,a7 ,in general ,for purposes of this subsection1 the monthly benefit rate of an individual shall be an amount equal to the sum of-- 7i7 #he percent of the individual's average monthly earnings to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph 7,b72 7ii7 #fi percent of the individual's average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause 7i7 but do not exceed the amount established for purposes of this clause by subparagraph 7,b72 and 7iii7 #ej percent of the individual's average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause 7ii7 but do not exceed the amount established for purposes of this clause by subparagraph 7,b74 7,b7 ,amounts established 7i7 ,initial amounts ,for individuals whose benefit period begins in calendar year #bjbf1 the amount established for purposes of clauses 7i71 7ii71 and 7iii7 of subparagraph 7,a7 shall be #a1beg1 #c1ejj1 and #f1bjj1 respectively4 7ii7 ,wage indexing ,for individuals whose benefit period begins in any calendar year after #bjbf1 each of the amounts so established shall equal the corresponding amount established for the calendar year preceding such calendar year1 or1 if larger1 the product of the corresponding amount established with respect to the calendar year #bjbf and the quotient obtained by dividing-- 7,i7 the national average wage index for the second calendar year preceding such calendar year1 by 7,,ii7 the national average wage index for calendar year #bjbd4 7iii7 ,rounding ,each amount established under clause 7ii7 for any calendar year shall be rounded to the nearest #a1 except that any amount so established which is a multiple of #j4ej but not of #a shall be rounded to the next higher #a4 7,c7 ,average monthly earnings ,for purposes of this subsection1 the average monthly earnings of an individual shall be an amount equal to #a_/ab of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent #c calendar years4 7#c7 ,maximum and minimum benefit amounts 7,a7 ,in general ,for individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this ,act1 the maximum monthly benefit amount and the minimum monthly benefit amount shall be #d1jjj and #ehj1 respectively4 7,b7 ,wage indexing ,for individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be1 respectively1 the product of the corresponding amount determined with respect to the first calendar year under subparagraph 7,a7 and the quotient obtained by dividing-- 7i7 the national average wage index for the second calendar year preceding the calendar year for which the determination is made1 by 7ii7 the national average wage index for the second calendar year preceding the first full calendar year after the date of enactment of this ,act4 7#d7 ,minimum caregiving hours ,in a case in which the number of caregiving hours of an individual for a month is less than #d1 the individual shall be deemed to have zero caregiving hours for such month4 7#e7 ,reduction in benefit amount on account of receipt of certain benefits ,a benefit under this section for a month shall be reduced by the amount1 if any1 in certain benefits 7as determined under regulations issued by the ,commissioner7 as may be otherwise received by an individual4 ,for purposes of the preceding sentence1 certain benefits include-- 7,a7 periodic benefits on account of such individual's total or partial disability under a workmen's compensation law or plan of the ,united ,states or a ,state2 and 7,b7 periodic benefits on account of an individual's employment status under an unemployment law or plan of the ,united ,states or a ,state4 7c7 ,benefit period 7#a7 ,in general ,except as provided in paragraph 7#b71 the benefit period specified in this subsection is the #ab-month period that begins on the #ast day of the #ast month in which the individual-- 7,a7 meets the criteria specified in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 and 7,b7 would meet the criteria specified in subparagraphs 7,c7 and 7,d7 of such subsection if such subparagraphs were applied by substituting such #ab-month period for each reference to the individual's benefit period4 7#b7 ,retroactive benefits ,in the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the #ij-;day period preceding the date on which such application is submitted1 the benefit period specified in this subsection shall begin on the later of-- 7,a7 the #ast day of the #ast month in which the individual engaged in such qualified caregiving2 or 7,b7 the #ast day of the #ast month that begins during such #ij-;day period1 and shall end on the date that is #cfe days after the #ast day of the benefit period4 7d7 ,application ,an application for a family and medical leave insurance benefit shall include-- 7#a7 a statement that the individual was engaged in qualified caregiving1 or anticipates being so engaged1 during the period that begins #ij days before the date on which the application is submitted or within #cj days after such date2 7#b7 if the qualified caregiving described in the statement in paragraph 7#a7 is engaged in by the individual because of a serious health condition 7as defined in subclause 7,,ii7 of section #b7e77;,b77ii77 of the individual or a qualified family member 7as defined in subclause 7,i7 of such section7 of the individual1 a certification1 issued by the health care provider treating such serious health condition1 that affirms the information specified in paragraph 7#a7 and contains such information as the ,commissioner shall specify in regulations1 which shall be no more than the information that is required to be stated under section #ajc7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfac7;b772 7#c7 if such qualified caregiving is engaged in by the individual for any other qualifying reason 7as defined in section #b7e77;,b77i771 a certification1 issued by a relevant authority determined under regulations issued by the ,commissioner1 that affirms the circumstances giving rise to such reason2 and 7#d7 an attestation from the applicant that his or her employer has been provided with written notice of the individual's intention to take family or medical leave1 if the individual has an employer1 or to the ,commissioner in all other cases4 7e7 ,ineligibility2 disqualification 7#a7 ,ineligibility for benefit ,an individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to-- 7,a7 disability insurance benefits under section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 or a similar permanent disability program under any law or plan of a ,state or political subdivision or instrumentality of a ,state 7as such terms are used in section #bah of the ,social ,security ,act 7#db ,u4,s4,c4 #dah772 7,b7 monthly insurance benefits under section #bjb of such ,act 7#db ,u4,s4,c4 #djb7 based on such individual's disability 7as defined in section #bbc7;d7 of such ,act 7#db ,u4,s4,c4 #dbc7;d7772 or 7,c7 benefits under title ,,xvi of such ,act 7#db ,u4,s4,c4 #acha et seq47 based on such individual's status as a disabled individual 7as determined under section #afad of such ,act 7#db ,u4,s4,c4 #achb;c774 7#b7 ,disqualification ,an individual who has been convicted of a violation under section #bjh of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7 or who has been found to have used false statements to secure benefits under this section1 shall be ineligible for benefits under this section for a #a-year period following the date of such conviction4 7f7 ,review of eligibility and benefit payment determinations 7#a7 ,eligibility determinations 7,a7 ,in general ,the ,commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits1 and the estimated benefit amount for a month in which four caregiving hours of the individual occur1 as soon as practicable after the application is received4 7,b7 ,review ,an individual may request review of an initial adverse determination with respect to such application at any time before the end of the #bj-;day period that begins on the date notice of such determination is received1 except that such #bj-;day period may be extended for good cause4 ,as soon as practicable after the individual requests review of the determination1 the ,commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section4 7#b7 ,benefit payment determinations 7,a7 ,in general ,the ,commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section1 or provide notice of the reason such payment will not be made if the ,commissioner determines that the individual is not entitled to payment for such month1 not later than #bj days after the individual's monthly benefit claim report for such month is received4 ,such monthly report shall be filed with the ,commissioner not later than #ae days after the end of each month4 7,b7 ,review ,if the ,commissioner determines that payment will not be made to an individual for a month1 or if the ,commissioner determines that payment shall be made based on a number of caregiving hours in the month inconsistent with the number of caregiving hours in the monthly benefit claim report of the individual for such month1 the individual may request review of such determination at any time before the end of the #bj-;day period that begins on the date notice of such determination is received1 except that such #bj-;day period may be extended for good cause4 ,not later than #bj days after the individual requests review of the determination1 the ,commissioner shall provide notice to the individual of a final determination of payment for such month1 and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the ,commissioner determines the individual is entitled4 7#c7 ,burden of proof ,an application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate1 unless the ,commissioner demonstrates by a preponderance of the evidence that information contained in the application is false4 7#d7 ,definition of monthly benefit claim report ,for purposes of this subsection1 the term monthly benefit claim report means1 with respect to an individual for a month1 the individual's report to the ,commissioner of the number of caregiving hours of the individual in such month1 which shall be filed not later than #ae days after the end of each month4 7#e7 ,review ,all final determinations of the ,commissioner under this subsection shall be reviewable according to the procedures set out in section #bje of the ,social ,security ,act 7#db ,u4,s4,c4 #dje74 7g7 ,relationship with ,state law2 employer benefits 7#a7 ,in general ,this section does not preempt or supersede any provision of ,state or local law that authorizes a ,state or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section4 7#b7 ,greater benefits allowed ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this ,act4 7h7 ,employment and benefits protection and enforcement 7#a7 ,employment and benefits protection 7,a7 ,in general 7i7 ,prohibited acts ,it shall be unlawful for any person to interfere with1 restrain1 deny1 or retaliate against an individual because of the exercise of1 or the attempt to exercise1 any right provided under this section1 including through-- 7,i7 discharging or in any other manner discriminating against 7including retaliating against7 an individual because the individual has applied for1 indicated an intent to apply for1 or received family and medical leave insurance benefits2 or 7,,ii7 using the application for or the receipt of such benefits as a negative factor in an employment action4 7ii7 ,restoration to position ,it shall be interference with the right of an individual for purposes of clause 7i7 for an employer of the individual to1 upon the conclusion of any leave for which the individual received a family and medical leave insurance benefit under this section1 fail to-- 7,i7 restore the individual to the position of employment held by the individual when the leave commenced2 or 7,,ii7 restore the individual to an equivalent position with equivalent employment benefits1 pay1 and other terms and conditions of employment4 7iii7 ,maintenance of health benefits ,it shall be interference with the right of an individual for purposes of clause 7i7 for an employer of the individual to fail to maintain1 for the duration of any leave for which the individual received a family and medical leave insurance benefit under this section1 coverage of the individual under any group health plan 7as defined in section #ejjj7;b77#a7 of the ,internal ,revenue ,code of #aihf7 at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave4 7,b7 ,opposing unlawful practices ,it shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subsection4 7,c7 ,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-- 7i7 has filed any charge1 or has instituted or caused to be instituted any proceeding1 under or related to this subsection2 7ii7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this section2 or 7iii7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this section4 7,d7 ,rebuttable presumption of retaliation ,any adverse action 7including any action described in subparagraph 7,c7 or 7,d77 taken against an employee within #ab months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating against such employee in violation of subparagraph 7,a77i74 7,e7 ,non-application for new hires ,clauses 7ii7 and 7iii7 of subparagraph 7,a7 shall not apply to any individual during the #ij-;day period beginning with the day the individual begins work for an employer4 7#b7 ,civil action by an individual 7,a7 ,liability ,any person who violates paragraph 7#a7 shall be liable to any individual employed by such person who is affected by the violation-- 7i7 for damages equal to the sum of-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost to the individual1 any actual monetary losses sustained by the individual as a direct result of the violation1 such as the cost of providing care1 up to a sum equal to #fj calendar days of wages or salary for the individual2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages equal to the sum of the amount described in subclause 7,i7 and the interest described in subclause 7,,ii71 except that if a person who has violated paragraph 7#a7 proves to the satisfaction of the court that the act or omission which violated paragraph 7#a7 was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph 7#a71 such court may1 in the discretion of the court1 reduce the amount of the liability to the amount and interest determined under subclauses 7,i7 and 7,,ii71 respectively2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,a7 may be maintained against any person in any ,federal or ,state court of competent jurisdiction by any individual for and on behalf of-- 7i7 the individual2 or 7ii7 the individual and other individuals similarly situated4 7,c7 ,fees and costs ,the court in such an action shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7,d7 ,limitations ,the right provided by subparagraph 7,b7 to bring an action by or on behalf of any individual shall terminate-- 7i7 on the filing of a complaint by the ,commissioner in an action under paragraph 7#e7 in which restraint is sought of any further delay in the payment of the amount described in subparagraph 7,a77,i7 to such individual by the person responsible under subparagraph 7,a7 for the payment2 or 7ii7 on the filing of a complaint by the ,commissioner in an action under paragraph 7#c7 in which a recovery is sought of the damages described in subparagraph 7,a77,i7 owing to an individual by a person liable under subparagraph 7,a71 unless the action described in clause 7i7 or 7ii7 is dismissed without prejudice on motion of the ,commissioner4 7#c7 ,action by the ,commissioner 7,a7 ,civil action ,the ,commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#b77;,a77,i74 7,b7 ,sums recovered ,any sums recovered by the ,commissioner pursuant to subparagraph 7,a7 shall be held in a special deposit account and shall be paid1 on order of the ,commissioner1 directly to each individual affected4 ,any such sums not paid to an individual because of inability to do so within a period of #c years shall be deposited into the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund4 7#d7 ,limitation 7,a7 ,in general ,an action may be brought under this subsection not later than #c years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,commencement ,an action brought by the ,commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed4 7#e7 ,action for ,injunction by ,commissioner ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,commissioner-- 7,a7 to restrain violations of paragraph 7#a71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to an individual2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7i7 ,applicability of certain ,social ,security ,act provisions ,the provisions of sections #bjd1 #bje1 #bjf1 and #bjh of the ,social ,security ,act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title ,,ii of such ,act4 7j7 ,effective date for applications ,applications described in this section may be filed beginning #ah months after the date of enactment of this ,act4 #e4 ,funding for ,state administration option for legacy ,states 7a7 ,in general 7#a7 ,payments to legacy ,states ,in each calendar year beginning with calendar year #bjbg1 the ,commissioner shall make a grant to each ,state that1 for the calendar year preceding such calendar year1 was a legacy ,state and that met the data sharing requirements of subsection 7e71 in an amount equal to the lesser of-- 7,a7 an amount1 as estimated by the ,commissioner1 equal to the total amount of comprehensive paid leave benefits that would have been paid under section #d 7including the costs to the ,commissioner to administer such benefits1 not to exceed 7for purposes of estimating such total amount under this subparagraph7 #g percent of the total amount of such benefits paid7 to individuals who received paid family and medical leave benefits under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7 during the calendar year preceding such calendar year if the ,state had not been a legacy ,state for such preceding calendar year2 or 7,b7 an amount equal to the total cost of paid family and medical leave benefits under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7 for the calendar year preceding such calendar year1 including-- 7i7 any paid family and medical leave benefits provided by an employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 as described in subsection 7d72 and 7ii7 the full cost to the ,state of administering such law 7except that such cost may not exceed #g percent of the total amount of paid family and medical leave benefits paid under such ,state law74 7#b7 ,estimated payments ,in any case in which1 during any calendar year1 the ,commissioner has reason to believe that a ,state will be a legacy ,state and meet the data sharing requirements of subsection 7e7 for such calendar year1 the ,commissioner may make estimated payments during such calendar year of the grant which would be paid to such ,state in the succeeding calendar year1 to be adjusted as appropriate in the succeeding calendar year4 7b7 ,legacy ,state ,for purposes of this section1 the term legacy ,state for a calendar year means a ,state with respect to which the ,commissioner determines that-- 7#a7 the ,state has enacted1 not later than the date of enactment of this ,act1 a ,state law that provides paid family and medical leave benefits2 7#b7 for any calendar year that begins before the date that is #c years after the date of enactment of this ,act1 the ,state certifies to the ,commissioner that the ,state intends to remain a legacy ,state and meet the data sharing requirements of subsection 7e7 at least through the first calendar year that begins on or after such date2 and 7#c7 for any calendar year that begins on or after such date1 a ,state law of the ,state provides for a ,state program to remain in effect throughout such calendar year that provides comprehensive paid family and medical leave benefits 7which may be paid directly by the ,state or1 if permitted under such ,state law1 by an employer pursuant to such ,state law7-- 7,a7 for at least #ab full workweeks of leave during each #ab-month period to at least all of those individuals in the ,state who would be eligible for comprehensive paid leave benefits under section #d 7without regard to section #b7e77;,c771 except that the ,state shall provide such benefits for leave from employment by the ,state or any political subdivision thereof1 and may elect to provide such benefits for leave from any other governmental employment2 and 7,b7 at a wage replacement rate that is at least equivalent to the wage replacement rate under the comprehensive paid leave benefit program under section #d 7without regard to section #b7e77;,c774 7c7 ,covered employment under the law of a legacy ,state ,for purposes of this ,act1 the term covered employment under the law of a legacy ,state means employment 7or self-employment7 with respect to which an individual would be eligible to receive paid family and medical benefits under the ,state law of a ,state1 as described in paragraph 7#a7 or 7#c7 of subsection 7b71 during any period during which such ,state is a legacy ,state4 7d7 ,employer-,provided benefits in a legacy ,state 7#a7 ,treatment for purposes of this title ,in the case of a ,state that permits paid family and medical leave benefits to be provided by an employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 pursuant to a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7-- 7,a7 such benefits shall be considered1 for all purposes under this ,act1 paid family and medical leave benefits under the law of a legacy ,state2 and 7,b7 leave for which such benefits are paid shall be considered1 for all such purposes1 leave from covered employment under the law of a legacy ,state4 7#b7 ,distribution of grant funds ,in any case in which paid family and medical leave benefits are provided by #a or more employers 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 in a legacy ,state pursuant to a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b71 the ,state1 upon the receipt of any grant amount under subsection 7a71 may distribute an appropriate share of such grant to each such employer4 7e7 ,data sharing ,as a condition of receiving a grant under subsection 7a7 in a calendar year1 a ,state shall enter into an agreement with the ,commissioner under which the ,state shall provide the ,commissioner-- 7#a7 with information1 to be provided periodically as determined by the ,commissioner1 concerning individuals who received a paid leave benefit under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b71 including-- 7,a7 each individual's name2 7,b7 information to establish the individual's identity2 7,c7 dates for which such paid leave benefits were paid2 7,d7 the amount of such paid leave benefit2 and 7,e7 to the extent available1 such other information concerning such individuals as necessary for the purpose of carrying out this section and section #b7e77;,c72 7#b7 not later than ,july #a of such calendar year1 the amount needed to adjust payments as described in subsection 7a77#b7 for the calendar year preceding such calendar year2 and 7#c7 such other information as needed to determine compliance with grant requirements4 #f4 ,regulations ,the ,commissioner1 in consultation with the ,secretary of ,labor1 shall prescribe regulations necessary to carry out this ,act4 ,in developing such regulations1 the ,commissioner shall consider the input from a volunteer advisory body comprised of not more than #ae individuals1 including experts in the relevant subject matter and officials charged with implementing ,state paid family and medical leave insurance programs4 ,the ,commissioner shall take such programs into account when proposing regulations4 ,such individuals shall be appointed as follows3 7#a7 ,five individuals to be appointed by the ,president4 7#b7 ,three individuals to be appointed by the majority leader of the ,senate4 7#c7 ,two individuals to be appointed by the minority leader of the ,senate4 7#d7 ,three individuals to be appointed by the ,speaker of the ,house of ,representatives4 7#e7 ,two individuals to be appointed by the minority leader of the ,house of ,representatives4 #g4 ,,gao ,study 7a7 ,study ,as soon as practicable after calendar year #bjbf1 and every #e years thereafter1 the ,comptroller ,general shall submit to ,congress a report on family and medical leave insurance benefits paid under section #d for any month during the covered period4 ,the report shall include the following3 7#a7 ,an identification of the total number of applications for such benefits filed for any month during the covered period1 and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made4 7#b7 ,an identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during the covered period1 and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made4 7#c7 ,an identification of the total number of monthly benefit claim reports for such benefits filed during the covered period1 and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made4 7#d7 ,an identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during the covered period1 and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made4 7#e7 ,an identification of any excessive delay in any of the periods described in paragraphs 7#a7 through 7#d71 including-- 7,a7 a description of the causes for such delay2 7,b7 information any correlation in such delay to claimant demographics1 industry sector1 or qualifying reason4 7#f7 ,an identification of any additional data that needs to be collected as part of the application process for benefits to produce the report required under this section4 7b7 ,covered period ,in this section1 the term covered period means-- 7#a7 with respect to the report due as soon as practicable after calendar year #bjbf1 such calendar year2 and 7#b7 with respect to the report due every #e years thereafter1 the #e-;calendar year period ending on ,december #ca of the year prior to the year in which such report is due4