S.Amdt. 2647

1. Adds SEC. __. SUPPORT FOR INJURED SERVICEMEMBERS wherever appropriate

   Adds a section

   Inserted: SEC. __. SUPPORT FOR INJURED SERVICEMEMBERS.

   Inserted: (a) Short Title.--This section may be cited as the "Support for Injured Servicemembers Act".

   Inserted: (b) Servicemember Family Leave.--

   Inserted: (1) 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:

   Inserted: "(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.

   Inserted: "(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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

   Inserted: "(16) Medical hold or medical holdover status.--The term 'medical hold or medical holdover status' means--

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(17) Next of kin.--The term 'next of kin', used with respect to an individual, means the nearest blood relative of that individual.

   Inserted: "(18) 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.".

   Inserted: (2) Entitlement to leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following:

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   Inserted: "(3) Servicemember family leave.--Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.

   Inserted: "(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.".

   Inserted: (3) Requirements relating to leave.--

   Inserted: (A) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended--

   Inserted: (i) in paragraph (1), in the second sentence--

   Inserted: (I) by striking "section 103(b)(5)" and inserting "subsection (b)(5) or (f) (as appropriate) of section 103"; and

   Inserted: (II) by inserting "or under subsection (a)(3)" after "subsection (a)(1)"; and

   Inserted: (ii) in paragraph (2), by inserting "or under subsection (a)(3)" after "subsection (a)(1)".

   Inserted: (B) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended--

   Inserted: (i) in paragraph (1)--

   Inserted: (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

   Inserted: (II) by inserting "(or 26 workweeks, as appropriate)" after "12 workweeks" the second place it appears; and

   Inserted: (ii) in paragraph (2)(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, family 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.".

   Inserted: (C) 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)".

   Inserted: (D) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended--

   Inserted: (i) 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);

   Inserted: (ii) by striking "In any" and inserting the following:

   Inserted: "(1) In general.--In any"; and

   Inserted: (iii) by adding at the end the following:

   Inserted: "(2) Servicemember family leave.--

   Inserted: "(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--

   Inserted: "(i) leave under subsection (a)(3); or

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

   Inserted: "(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).".

   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 Servicemember Family 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.".

   Inserted: (F) Failure to return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended--

   Inserted: (i) in paragraph (2)(B)(i), by inserting "or under section 102(a)(3)" before the semicolon; and

   Inserted: (ii) in paragraph (3)(A)--

   Inserted: (I) in clause (i), by striking "or" at the end;

   Inserted: (II) in clause (ii), by striking the period and inserting "; or"; and

   Inserted: (III) by adding at the end the following:

   Inserted: "(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).".

   Inserted: (G) 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".

   Inserted: (H) 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)".

   Inserted: (c) Servicemember Family Leave for Civil Service Employees.--

   Inserted: (1) Definitions.--Section 6381 of title 5, United States Code, is amended--

   Inserted: (A) in paragraph (5), by striking "and" at the end;

   Inserted: (B) in paragraph (6), by striking the period and inserting "; and"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(7) 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;

   Inserted: "(8) 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness;

   Inserted: "(9) the term 'medical hold or medical holdover status' means--

   Inserted: "(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

   Inserted: "(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;

   Inserted: "(10) the term 'next of kin', used with respect to an individual, means the nearest blood relative of that individual; and

   Inserted: "(11) 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.".

   Inserted: (2) Entitlement to leave.--Section 6382(a) of such title is amended by adding at the end the following:

   Inserted: "(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.

   Inserted: "(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative 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.".

   Inserted: (3) Requirements relating to leave.--

   Inserted: (A) Schedule.--Section 6382(b) of such title is amended--

   Inserted: (i) in paragraph (1), in the second sentence--

   Inserted: (I) by striking "section 6383(b)(5)" and inserting "subsection (b)(5) or (f) (as appropriate) of section 6383"; and

   Inserted: (II) by inserting "or under subsection (a)(3)" after "subsection (a)(1)"; and

   Inserted: (ii) in paragraph (2), by inserting "or under subsection (a)(3)" after "subsection (a)(1)".

   Inserted: (B) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: "An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.".

   Inserted: (C) Notice.--Section 6382(e) of such title is amended by inserting "or under subsection (a)(3)" after "subsection (a)(1)".

   Inserted: (D) 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.".

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   Original wording

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As printed