Parental and Disability Leave Act of 1985

Parental and Disability Leave Act of 1985 - Title I: General Requirements for Parental and Disability Leave - Entitles each employee to disability leave (for nonoccupational medical reasons) of not fewer than 26 workweeks in any one calendar year. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides temporary nonoccupational disability leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 26 workweeks of disability leave in any one calendar year. Provides that, if the benefits provided are paid benefits for a period of less than 26 weeks, the additional weeks of leave which are added to meet the 26-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing employer verification of employees' eligibility for such leave. Requires that the same standards, procedures, or other requirements so imposed apply to all temporary disabilities.

Entitles each employee to parental leave (for birth, adoption, or serious illness of a child) of not fewer than 18 workweeks in any two years upon advance notice to his or her employer. Provides that such leave need not be taken consecutively and may consist of unpaid leave. Requires any employer which provides parental leave or benefits, or both, to provide such leave or benefits in such a manner that each employee is entitled to a minimum of 18 workweeks of parental leave in any two calendar years. Provides that, if the benefits provided are paid benefits for a period of less than 18 weeks, the additional weeks of leave which are added to meet the 18-week minimum may be unpaid. Directs the Secretary of Labor to promulgate regulations governing: (1) employer verification of employees' eligibility for such leave; and (2) the form, content, and timing requirements of the notice to the employer.

Entitles each employee who exercises his or her right to a disability leave or a parental leave under this Act, upon expiration of such leave, to be restored by the employer to the position held by the employee when the leave commenced or to an equivalent position.

Requires the employer to maintain any existing health benefits of the employee for the duration of such disability or parental leave period.

Entitles each employee, at his or her option, to take such disability or parental leave on a reduced leave schedule. Limits to a maximum of 39 consecutive weeks the total time over which such reduced leave schedule may be spread.

Sets forth prohibitions against retaliation. Makes it unlawful to interfere with an individual's exercise of rights or participation in proceedings or inquiries under this title. Provides that any negative material change in the seniority, status, employment benefits, pay, or other terms or conditions of the position of an employee which occurs within one year of restoration to the position, or within one year of the termination of proceedings or inquiries, shall be presumed to be prohibited retaliation.

Sets forth provisions for enforcement of this title. Gives an employee the right to bring a civil action against an employer to enforce the provisions of this title. Authorizes the Secretary to bring such actions, except against any public agency. Gives U.S. district courts original jurisdiction over such actions. Sets forth venue provisions. Provides for equitable relief, damages, punitive damages, and reasonable attorneys' fee and costs in such actions. Requires that the Secretary be notified of any such action. Gives the Secretary the right to intervene in any such action brought by an employee. Gives any aggrieved person the right to intervene in any such action brought by the Secretary. Sets forth a statute of limitations and a limitation on the period of recovery. Sets forth provisions for attorneys for the Secretary in such actions.

Sets forth the investigative authority of the Secretary to determine whether any person has violated or is about to violate any provision of this title or any regulation or order issued thereunder. Limits required submissions, for purposes of such investigations, to an annual basis, unless the Secretary has reasonable cause to believe that there may be a violation.

Authorizes the Secretary to prescribe regulations to carry out this title.

Authorizes appropriations to enable the Secretary to carry out functions or duties under this title.

Sets forth provisions relating to the effect of this title on Federal laws, State and local laws, and existing employment benefits.

Title II: Commission to Recommend Means to Provide Salary Replacement for Employee Taking Parental and Disability Leaves - Establishes the Paid Parental and Disability Leave Commission.

Sets forth provisions for Commission membership, including provisions to ensure a broad representation of child advocacy, women's rights, labor, management, and academic interests.

Directs the Commission to: (1) study domestic and foreign systems, both existing and proposed, which provide workers with full or partial salary replacement or other income protection during periods of nonoccupational temporary disability leave, parental leave, and dependent care leave; (2) produce a comprehensive written analysis of such systems, including recommendations for implementation of such a system for all workers in the United States; and (3) propose legislation to implement a system of salary replacement for temporary nonoccupational disability leave (within two years after the effective date of this Act) and for parental leave.

Sets forth provisions relating to Commission powers, administration, and compensation of members.

Provides that the Commission shall prepare and submit to the Congress such interim reports as the Commission deems appropriate, but requires that its report and proposed legislation to provide salary replacement for employees on nonoccupational temporary disability be submitted to the Congress within two years of the date of enactment of this Act.

Terminates the Commission 30 days after the submission of its final report.