# Who actually decides who sits on the commission for these family leave laws?

- Jurisdiction: United States
- Practice area: Employment Law
- Published: 2026-10-31
- Last updated: 2026-10-31
- Canonical: https://lawasked.com/us/employment-law/who-actually-decides-who-sits-commission-family-leave

## Question

I am trying to understand how the oversight group for these federal family leave policies is actually put together here in the United States. My brother works for a large corporation in Ohio, and he was reading about the commission that manages these labor and disability issues, but he couldn't figure out how the people in charge are chosen. He mentioned that there are supposed to be 12 voting members and some extra non-voting members from different government departments like Labor and Health and Human Services. I am confused about the process. Does the President just pick everyone, or do the leaders in Congress have a say? I saw something about the Speaker of the House and the Senate Majority Leader being involved in appointing people with expertise in small business and labor management, but I don't get how the balance is kept between employers and government officials. If one of those members leaves their position halfway through the year, does the whole group have to stop working or do they just replace that one person using the same method? I want to know exactly who has the power to appoint these specific members and how they ensure there is enough expertise on the board to make real decisions.

## Summary

It depends on the leadership of Congress rather than the President. The 12 voting members are appointed by the leaders of the House of Representatives and the Senate, specifically chosen to represent different political parties and business interests.

## Analysis

For your brother in Ohio, the answer is that the President does not pick the voting members of this commission. Instead, the power is divided among the leaders of Congress to ensure a balance of perspectives. 

According to the law, the 12 voting members are chosen through a specific split between the House of Representatives and the Senate. The leadership roles involved are the Speaker of the House, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader [1]. 

To ensure the group has the right knowledge, the law requires that these members be chosen "by virtue of demonstrated expertise in relevant family, temporary disability, and labor management issues" [1]. This means the leaders cannot just pick anyone; they must pick people who actually understand how these laws affect families and businesses. The law specifically requires that these experts include "representatives of employers, including employers from large businesses and from small businesses" [1]. This is how the balance between big corporations and small businesses is maintained.

Regarding the extra members your brother mentioned, there are 4 "ex officio" members. An ex officio member is someone who holds a position in the government that automatically gives them a seat on a board, though in this case, they do not have a vote [1]. These include the Secretaries of Health and Human Services and Labor, the Secretary of Commerce, and the Administrator of the Small Business Administration [1].

If a member leaves their position halfway through the year, the group does not stop working. The law states that "Any vacancy on the Commission shall be filled in the manner in which the original appointment was made" [1]. This means the same Congressional leader who picked the original person will pick the replacement. Additionally, "The vacancy shall not affect the power of the remaining members to execute the duties of the Commission" [1]. This ensures the work continues even if someone leaves.

State, provincial, or local laws may add further rules regarding labor and disability oversight in Ohio.

## Statutory citations

- Family and Medical Leave Act of 1993, 29 U.S.C. § 2633 - Membership [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2633)
  > Any vacancy on the Commission shall be filled in the manner in which the original appointment was made. The vacancy shall not affect the power of the remaining members to execute the duties of the Commission.
- Family and Medical Leave Act of 1993, 29 U.S.C. § 2633 - Membership [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2633)
  > Such members shall include representatives of employers, including employers from large businesses and from small businesses.

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