DOCUMENT RESUME ED 290 536 PS 017 007 TITLE Family and Medical Leave Act of 1987. Joint Hearing on H.R. 925 before the Subcommittee on Civil Service and `he Subcommittee on Compensation and Employee Benefits of the Committee on Post Office and Civil Service. House of Representatives, One Hundredth Congress, First Session. INSTITUTION Congress of the U. S., Washington, D. C. House Committee on Post Office and Civil Service. PUB DATE 2 Apr 87 NOTE 204p.; Serial No. 100-8. Contains some pages of small type. Attachment contains additional Family and Medical Leave materials. AVAILABLE FROM Superintendent of Documents, Congressional Sales Office, U.S. Government Printino Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC09 Plus Postage. DESCRIPTORS *Employed Parents; Employer Employee Relationship; Family Health; *Family Programs; Federal Legislation; *Fringe Benefits; Government Employees; Hearings; Job Performance; *Leaves of Absence; Parent Child Relationship IDENTIFIERS Congress 100th; Medical Leave; *Parental Leave; Proposed Legislation ABSTRACT The issue of parental leave follow'ng the birth or adoption of a child, or in the case of serious family medical problems, is discussed. Testimonies include: (1) general statements on the need for legislation regarding family and medical leave; (2) personal case histories involving the need for parental leave; and (3) presentations of official policy regarding leave in government agencies. Additional information on family and medical leave is included in an attachment. (PCB) ***************************************************4:******************* Reproductions supplied by EDRS are the best t'At can be made from the original document. *********************************************************************** FAMILY AND MEDICAL LEAVE ACT OF 1987 ATMs document has been reproduced as U IS DEPARTMENT OF EDUCATION received from Ple person or organization Office of Educational Research and improvement originating it Minor changes nave been made to improve EDUCATIONAL RESOURCES INrORMATION reproduction quality CENTER (ERIC) Points of view or opinions stated in this dome ment do not necessarily represent official JOINT HEARING'OERI position or policy BEFORE THE SUBCOMMITTEE ON CIVIL SERVICE AND THE SUBCOMMITTEE ON COMPENSATION AND EMPLOYEE BENEFITS OF TAE COMMITTEE ON POST OFFICE AND CIVIL SERVICE HOUSE OF REPRESENTATIVES ONE HUNDREDTH CONGRESS FIRST SESSION ON H.R. 925 THE FAMILY AND MEDICAL LEAVE ACT OF 1987 APRIL 2, 1987 Serial No. 100-8 Printed for the use of the Committee on Post Office and Civil Service U.8. GOVERNMENT PRINTING OFFICE 73-803 WASHINGTON : 1987 For sale by the Superintendent of Documents, Congressional Sales Office U S Gouszninent Printing Office, Washington, DC 20402 2 BEST COPY AVAILABLE COMMITTEE ON POST OFFICE AND CIVIL SERVICE WILLIAM DFORD, Michigan, Chairman WILLIAM (BILL) CLAY, Missouri GENE TAYLOR, Missouri PATRICIA SCHROEDER, Colorado BENJAMIN A GILMAN, New York STEPHEN J. SOLARZ, New York CHARLES PASHAYAN, JR , California ROBERT GARCIA, New York FRANK HORTON, New York MICKEY LELAND, Texas JOHN T MYERS, Indiana GUS 7ATRON, Pennsylvania DON YOUNG, Alaska MARY ROSE OAKAR, Ohio DAN BURTON, Indiana GERRY SIKORSKI, Minnesota CONSTANCE A MORELLA, Marylai- FRANK McCLOSKEY, Indiana GARY L ACKERMAN, New York MERVYN M DYMALLY, California MORRIS K UDALL, Anzona RON DE LUGO, Virgin Islands TOM DEYULIA, Staff Director ROBERT E LOCKHART, General Counsel PATRICIA F RISSLER, Deputy Staff Director and Chief Clerk JOSEPH A FISHER, Minority Staff Director SUBCOMMITTEE ON CIVIL SERVICE PATRICIA SCHROEDER, Colorado, Chairwoman STEPHEN J SOLARZ, New York CHARLES PASHAYAN, JR . California MERVYN M DYMALLY, California FRANK HORTON, New York ANDREW FEINSTEIN, Subcommittee Staff Arector SUBCOMMITTEE ON COMPENSATION AND EMPLOYEE BENEFITS GARY L ACKERMAN, New York, Chairman MARY ROSE OAKAR, Ohio JOHN T MYERS, Indiana MICKEY LELAND, Texas CONSTANCE A MORELLA, Maryland JOE SISK, Subcommittee Staff Director (ID 3 3.18AJIAVA Y903 1-38 CONTENTS Statement of Page Charles A Bowsher, Comptroller General, General Accounting Office 7 James Colvard Deputy Director, Office of Per.,,,nnel Management, accom- :,anied by Claudia Cooley, Associate Director for Personnel Systems and Oversight.. ... 17 Eleanor Holmes Norton, professor of !aw, Georgetown University, former- ly, Chair, Equal Employment Opportunity Commission . 31 Marilyn Young, Social Security Administration, speaking for herself 66 David Spiegel, Federal Trade Commission, speaking for himself . 67 David G BlankenbJrn, executive director, Institute for ,tmerican Values, accompanied by Judy Farrell, project coordinator, Economic Fulicy Council, United Nations Association . 80 Barbara Hutchinson, director, women's department, American Federa- tion of Government Employees, accompanied by Yolanda Ortega Chrza- nowski . 103 Edward Murphy, legislative director, National Association of Government Employees .. 105 Thomas Spangler,legislativeliaison,National Treasury Employees Union . 116 Beth Moten legislative liaison, National Federation of Federal Employ- ees .. 123 Statement submitted by National Association of Letter Carriers 99 American Postal Workers Union, AFL-CIO 135 National Association of Professional Insurance Agencies 137 FAMILY AND MEDICAL LEAVE ACT OF 1987 THURSDAY, APRIL 2. 1987 U.S. HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COM- PENSATION AND EMPLOYEE BENEFITS, AND SUBCOMMIT- TEE ON CIVIL SERVICE, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, Washington, DC. The joint subcommittees met, pursuant to call, at 9:35 a.m., in room 311, Cannon House Office Building, Representative Schroe- der, presiding. Mrs. SCHROEDER. Welcome to today's hearing on the Family and Medical Leave Act of 1187. Last mo-ith, two Education and Labor Subcommittees held hearings on tilt bill as it applies to the private workforce We are here today to focus more specifically on Title II of the Act which deals with leave for Federal employees. In its "parental leave guidance" issued last July, the Office of Personnel Management makes the stunning acknowledgement that "responsiveness to family needs works, in the long run, to the ad- vantage of the organization." Our point exactly. Yet, the Adminis- tration balks at our legislation. They feel that an entitlement to family and medical leave benefits underminds managerial discre- tion and could "hinder unduly the accomplishments of organiza- tional goals." Hogwash. We very carefully included in H.R. 925 the requirement that, whenever possible the employee must provide prior notice of the leave needed and tfy to schedule the leave to best meet the needs of the employing agency. But sometimes, births, adoptions and seri- ous medical problems fail to respect our time frames or our heavy work schedules. If this were not the case, I would hope my staff member would have refrained from going into labor in the midst of an investigation. With H.R. 925, we are simply recognizing that there are some critical times in an employee s life which must be accommodated. This accommodation should not rest on the discretion of individual supervisors. Employees should be assured that the time and the job security will be there when they most need it. This makes for good business. As OPM stores, "good morale and the retention of experi- enced and productive employees contribute to a healthier orgzniza- tion." We have some very distinguished people testifying this morning, and I first want to yield to the very knowledgeable and helpful ranking member of the committee, Congressman Frank Horton from New York. (1) Jt- 2 Mr. HORTON. Thank you very much, Ms. Schroeder. Madam Chairman, I want to join with you in welcoming our witnesses. The United States is the only major industrial country that does not have a national policy setting standards for family benefits. The Office of Personnel Management does provide guidelines for granting leave for various purposes, but the implementation of those guidelines is left to the discretion of each employee's supervi- sor. In issuing its new guidelines last summer, the OPM moved in the right direction. However, I think there is a clear need for some uni- form federal policy. The task we are facing is a delicate one. If we are interesting in strengthening the role of the family, it is necessary to support a parental and family leave policy which is based on compassion. At the same time, we must be careful that such a policy does not in- trude on the ability of government and its managers to serve tax- payers efficiently. And I think this hearing is a very important hearing and it witl have a very important contribution to thisover- all questiom. I especially want to welcome and join with you in welcoming the Comptroller General. He and his office and staff have donean ex- cellent job in this matter and I look forward to hearing his testiim- ny a little bit later, Madam Chairman, in the Government Oper- ations Committee. And alsoI am sure she is out there someplace, but I just haven't picked her outEleanor Holmes Norton was the chair of the Equal Employment Oppor;unity Commission some yearsago, and in my judgment she probably was the most outstanding chair that we have ever had on that commission, and I certainly want to join in welcoming her. And I will read her testimony very caredful- ly. She is an outstanding lady and she is an outstanding adminis- trator, and I am sure she has some very wonderful thoughts to ex press on this occasion. I do have another