S.Amdt. 2106
What it does: Adds SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN FAMILY MEMBERS CARING FOR RECOVERING MEMBERS OF THE ARMED FORCES at the end of subtitle E of title X
Sen. Barack Obama (D-IL)What it changes
1 change to H.R. 1585
Adds SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN FAMILY MEMBERS CARING FOR RECOVERING MEMBERS OF THE ARMED FORCES at the end of subtitle E of title X
Adds a sectionInserted: SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN FAMILY MEMBERS CARING FOR RECOVERING MEMBERS OF THE ARMED FORCES.
Inserted: (a) Prohibition.--A family member of a recovering servicemember described in subsection (b) shall not be denied retention in employment, promotion, or any benefit of employment by an employer on the basis of the family member's absence from employment as described in that subsection, for a period of not more than 52 workweeks.
Inserted: (b) Covered Family Members.--A family member described in this subsection is a family member of a recovering servicemember who is--
Inserted: (1) on invitational orders while caring for the recovering servicemember;
Inserted: (2) a non-medical attendee caring for the recovering servicemember; or
Inserted: (3) receiving per diem payments from the Department of Defense while caring for the recovering servicemember.
Inserted: (c) Treatment of Actions.--An employer shall be considered to have engaged in an action prohibited by subsection (a) with respect to a person described in that subsection if the absence from employment of the person as described in that subsection is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of the absence of employment of the person.
Inserted: (d) Definitions.--In this section:
Inserted: (1) The term "benefit of employment" has the meaning given such term in section 4303 of title 38, United States Code.
Inserted: (2) The term "caring for", used with respect to a recovering servicemember, means providing personal, medical, or convalescent care to the recovering servicemember, under circumstances that substantially interfere with an employee's ability to work.
Inserted: (3) The term "employer" has the meaning given such term in section 4303 of title 38, United States Code, except that the term does not include any person who is not considered to be an employer under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) because the person does not meet the requirements of section 101(4)(A)(i) of such Act (29 U.S.C. 2611(4)(A)(i)).
Inserted: (4) The term "family member", with respect to a recovering servicemember, has the meaning given that term in section 411h(b) of title 37, United States Code.
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Inserted: (5) The term "recovering 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 an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces.
Original wording
At the end of subtitle E of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2106. Mr. OBAMA (for himself and Mrs. McCaskill, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN FAMILY MEMBERS CARING FOR RECOVERING MEMBERS OF THE ARMED FORCES.
(a) Prohibition.--A family member of a recovering servicemember described in subsection (b) shall not be denied retention in employment, promotion, or any benefit of employment by an employer on the basis of the family member's absence from employment as described in that subsection, for a period of not more than 52 workweeks.
(b) Covered Family Members.--A family member described in this subsection is a family member of a recovering servicemember who is--
(1) on invitational orders while caring for the recovering servicemember;
(2) a non-medical attendee caring for the recovering servicemember; or
(3) receiving per diem payments from the Department of Defense while caring for the recovering servicemember.
(c) Treatment of Actions.--An employer shall be considered to have engaged in an action prohibited by subsection (a) with respect to a person described in that subsection if the absence from employment of the person as described in that subsection is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of the absence of employment of the person.
(d) Definitions.--In this section:
(1) The term “benefit of employment” has the meaning given such term in section 4303 of title 38, United States Code.
(2) The term “caring for”, used with respect to a recovering servicemember, means providing personal, medical, or convalescent care to the recovering servicemember, under circumstances that substantially interfere with an employee's ability to work.
(3) The term “employer” has the meaning given such term in section 4303 of title 38, United States Code, except that the term does not include any person who is not considered to be an employer under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) because the person does not meet the requirements of section 101(4)(A)(i) of such Act (29 U.S.C. 2611(4)(A)(i)).
(4) The term “family member”, with respect to a recovering servicemember, has the meaning given that term in section 411h(b) of title 37, United States Code.
(5) The term “recovering 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 an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces.
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Senate amendment submitted
July 11, 2007