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S 1898 IS

To amend the Family and Medical Leave Act of 1993 to expand family and medical leave for spouses, sons, daughters, and parents of servicemembers with combat-related injuries.

July 30, 2007

Mr. REID (for Mrs. CLINTON (for herself, Mrs. DOLE, Ms. MIKULSKI, Mr. GRAHAM, Mr. KENNEDY, and Mr. BROWN)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Family and Medical Leave Act of 1993 to expand family and medical leave for spouses, sons, daughters, and parents of servicemembers with combat-related injuries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Military Family and Medical Leave Act'.

SEC. 2. MILITARY FAMILY AND MEDICAL LEAVE.

(a) Definitions- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:

`(14) ACTIVE DUTY- The term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

`(15) COVERED SERVICEMEMBER- The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or medical holdover status, for a serious injury or illness.

`(16) MEDICAL HOLD OR MEDICAL HOLDOVER STATUS- The term `medical hold or medical holdover status' means--

`(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and

`(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces.

`(17) SERIOUS INJURY OR ILLNESS- The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.'.

(b) Military Family and Medical Leave-

(1) ENTITLEMENT TO LEAVE- Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following:

`(3) MILITARY FAMILY AND MEDICAL LEAVE- Subject to section 103, an eligible employee shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for a covered servicemember who is the spouse, son, daughter, or parent of the employee. The leave described in this paragraph shall only be available during a single 12-month period.

`(4) COMBINED LEAVE TOTAL- During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.'.

(2) SCHEDULE- Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended--

(A) in paragraph (1), in the second sentence--

(i) by striking `section 103(b)(5)' and inserting `subsection (b)(5) or (f) (as appropriate) of section 103'; and

(ii) by inserting `or under subsection (a)(3)' after `subsection (a)(1)'; and

(B) in paragraph (2), by inserting `or under subsection (a)(3)' after `subsection (a)(1)'.

(3) SUBSTITUTION OF PAID LEAVE- Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended--

(A) in paragraph (1)--

(i) by inserting `(or 26 workweeks in the case of leave provided under subsection (a)(3))' after `12 workweeks' the first place it appears; and

(ii) by inserting `(or 26 workweeks, as appropriate)' after `12 workweeks' the second place it appears; and

(B) in paragraph (2)--

(i) in subparagraph (A), by adding at the end the following: `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 leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.'; and

(ii) in subparagraph (B), by adding at the end the following: `An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.'.

(4) NOTICE- Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting `or under subsection (a)(3)' after `subsection (a)(1)'.

(5) SPOUSES EMPLOYED BY SAME EMPLOYER- Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended--

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A);

(B) by striking `In any' and inserting the following:

`(1) IN GENERAL- In any'; and

(C) by adding at the end the following:

`(2) MILITARY FAMILY AND MEDICAL LEAVE-

`(A) IN GENERAL- The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is--

`(i) leave under subsection (a)(3); or

`(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1).

`(B) BOTH LIMITATIONS APPLICABLE- If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).'.

(c) Certification- Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

`(f) Certification for Military Family and Medical Leave- An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.'.

(d) Failure To Return- Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended--

(1) in paragraph (2)(B)(i), by inserting `or under section 102(a)(3)' before the semicolon; and

(2) in paragraph (3)(A)--

(A) in clause (i), by striking `or' at the end;

(B) in clause (ii), by striking the period and inserting `; or'; and

(C) by adding at the end the following:

`(iii) a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).'.

(e) Enforcement- Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting `(or 26 weeks, in a case involving leave under section 102(a)(3))' after `12 weeks'.

(f) Instructional Employees- Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting `or under section 102(a)(3)' after `section 102(a)(1)'.

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