S.Amdt. 3154
What it does: Adds Subtitle F--Leave for Military Families SEC. 661. SHORT TITLE on page 131, between lines 17 and 18
Sen. Russell D. Feingold (D-WI)What it changes
1 change to S. 2400
Adds Subtitle F--Leave for Military Families SEC. 661. SHORT TITLE on page 131, between lines 17 and 18
Adds a sectionPrinted pageInserted: Subtitle F--Leave for Military Families SEC. 661. SHORT TITLE.
Inserted: This subtitle may be cited as the "Military Families Leave Act of 2004".
Inserted: SEC. 662. GENERAL REQUIREMENTS FOR LEAVE.
Inserted: (a) Entitlement to Leave.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following:
Inserted: "(3) Entitlement to leave due to family member's active duty.--
Inserted: "(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces--
Inserted: "(i) on active duty in support of a contingency operation; or
Inserted: "(ii) notified of an impending call or order to active duty in support of a contingency operation.
Inserted: "(B) Conditions and time for taking leave.--An eligible employee shall be entitled to take leave under subparagraph (A)--
Inserted: "(i) while the employee's spouse, son, daughter, or parent (referred to in the subparagraph as the 'family member') is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and
Inserted: "(ii) only for issues relating to or resulting from such family member's--
Inserted: "(I) service on active duty in support of a contingency operation; and
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Inserted: "(II) if a member of a reserve component of the Armed Forces--
Inserted: "(aa) receipt of notification of an impending call or order to active duty in support of a contingency operation; and
Inserted: "(bb) service on active duty in support of such operation.
Inserted: "(4) Limitation.--No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.".
Inserted: (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: "Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.".
Inserted: (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting "or subsection (a)(3)" after "subsection (a)(1)".
Inserted: (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following:
Inserted: "(3) Notice for leave due to family member's active duty.--An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employer as is practicable.".
Inserted: (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:
Inserted: "(f) Certification for Leave Due to Family Member's Active Duty.--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.".
Inserted: SEC. 663. LEAVE FOR CIVIL SERVICE EMPLOYEES.
Inserted: (a) Entitlement to Leave.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following:
Inserted: "(3)(A) Subject to section 6383(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces--
Inserted: "(i) on active duty in support of a contingency operation; or
Inserted: "(ii) notified of an impending call or order to active duty in support of a contingency operation.
Inserted: "(B) An eligible employee shall be entitled to take leave under subparagraph (A)--
Inserted: "(i) while the employee's spouse, son, daughter, or parent (referred to in the subparagraph as the 'family member') is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and
Inserted: "(ii) only for issues relating to or resulting from such family member's--
Inserted: "(I) service on active duty in support of a contingency operation; and
Inserted: "(II) if a member of a reserve component of the Armed Forces--
Inserted: "(aa) receipt of notification of an impending call or order to active duty in support of a contingency operation; and
Inserted: "(bb) service on active duty in support of such operation.
Inserted: "(4) No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.".
Inserted: (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: "Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.".
Inserted: (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting "or subsection (a)(3)" after "subsection (a)(1)".
Inserted: (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following:
Inserted: "(3) An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employing agency as is practicable.".
Inserted: (e) Certification.--Section 6383 of such title is amended by adding at the end the following:
Inserted: "(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.".
Original wording
On page 131, between lines 17 and 18, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3154. Mr. FEINGOLD (for himself, Mrs. Murray, and Mr. Dayton) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:
On page 131, between lines 17 and 18, insert the following:
Subtitle F--Leave for Military Families SEC. 661. SHORT TITLE.
This subtitle may be cited as the “Military Families Leave Act of 2004”.
SEC. 662. GENERAL REQUIREMENTS FOR LEAVE.
(a) Entitlement to Leave.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following:
“(3) Entitlement to leave due to family member's active duty.--
“(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces--
“(i) on active duty in support of a contingency operation; or
“(ii) notified of an impending call or order to active duty in support of a contingency operation.
“(B) Conditions and time for taking leave.--An eligible employee shall be entitled to take leave under subparagraph (A)--
“(i) while the employee's spouse, son, daughter, or parent (referred to in the subparagraph as the ‘family member') is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and
“(ii) only for issues relating to or resulting from such family member's--
“(I) service on active duty in support of a contingency operation; and
“(II) if a member of a reserve component of the Armed Forces--
“(aa) receipt of notification of an impending call or order to active duty in support of a contingency operation; and
“(bb) service on active duty in support of such operation.
“(4) Limitation.--No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.”.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: “Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.”.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting “or subsection (a)(3)” after “subsection (a)(1)”.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following:
“(3) Notice for leave due to family member's active duty.--An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employer as is practicable.”.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:
“(f) Certification for Leave Due to Family Member's Active Duty.--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.”.
SEC. 663. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Entitlement to Leave.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following:
“(3)(A) Subject to section 6383(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces--
“(i) on active duty in support of a contingency operation; or
“(ii) notified of an impending call or order to active duty in support of a contingency operation.
“(B) An eligible employee shall be entitled to take leave under subparagraph (A)--
“(i) while the employee's spouse, son, daughter, or parent (referred to in the subparagraph as the ‘family member') is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and
“(ii) only for issues relating to or resulting from such family member's--
“(I) service on active duty in support of a contingency operation; and
“(II) if a member of a reserve component of the Armed Forces--
“(aa) receipt of notification of an impending call or order to active duty in support of a contingency operation; and
“(bb) service on active duty in support of such operation.
“(4) No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.”.
(b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: “Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.”.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting “or subsection (a)(3)” after “subsection (a)(1)”.
(d) Notice.--Section 6382(e) of such title is amended by adding at the end the following:
“(3) An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employing agency as is practicable.”.
(e) Certification.--Section 6383 of such title is amended by adding at the end the following:
“(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.”.
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Senate amendment submitted
May 17, 2004