S.Amdt. 3004

1. 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 section

   Inserted: SEC. 1070. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN FAMILY MEMBERS CARING FOR RECOVERING MEMBERS OF THE ARMED FORCES.

   Inserted: (a) Additional Purpose of USERRA.--Section 4301(a) of title 38, United States Code, is amended--

   Inserted: (1) in paragraph (2), by striking "and" at the end;

   Inserted: (2) in paragraph (3), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(4) to ensure that family members of recovering servicemembers are able to provide family-based care for such servicemembers during their recovery.".

   Inserted: (b) Prohibition.--Subchapter II of chapter 43 of such title is amended by adding at the end the following new section:

   Inserted: "Sec. 4320. Employment rights of family members caring for recovering members of the Armed Forces

   Inserted: "(a) Prohibition.--Subject to subsection (d), 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 subsection (b) 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

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   Inserted: "(3) receiving per diem payments from the Department of Defense while caring for the recovering servicemember.

   Inserted: "(c) Application of Other Available Leave.--(1) To the extent that the family member has other available leave, the family member shall apply the leave to the 52-workweek period described in subsection (a), whether or not the leave would otherwise be usable for the absence from employment as described in subsection (b).

   Inserted: "(2) Except as otherwise provided in this section, the provisions of any Federal or State law covering the other available leave, or of any employment benefit program or plan under which the other available leave is offered, shall continue to apply during the period in which the leave is applied under paragraph (1).

   Inserted: "(3) In this subsection, the term 'other available leave' means available leave, paid or unpaid, that is vacation leave, personal leave, family leave, or medical or sick leave (including leave available under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.)).

   Inserted: "(d) Applicability to Multiple Family Members.--Not more than two family members of a recovering servicemember are entitled to coverage under subsection (a) at any one time.

   Inserted: "(e) Certification of Coverage.--The Secretary of Defense shall seek to minimize administrative burdens to family members and employers under this section and shall, in consultation with the Secretary of Labor, establish procedures for certifying to employers of coverage by subsection (a) of family members covered by that subsection. Such procedures shall include mechanisms for identifying the family members covered by subsection (a) in circumstances described by subsection (d).

   Inserted: "(f) Definitions.--In this section:

   Inserted: "(1) The term 'caring for', with respect to a recovering servicemember, means providing personal, medical, or convalescent care to the recovering servicemember, under circumstances that substantially interfere with a family member's ability to work.

   Inserted: "(2) The term 'employer' has the meaning given such term in section 4303(4) of this title, 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: "(3) The term 'family member', with respect to a recovering servicemember, has the meaning given that term in section 411h(b) of title 37.

   Inserted: "(4) 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.".

   Inserted: (c) Treatment of Actions.--

   Inserted: (1) In general.--Section 4311 of such title is amended--

   Inserted: (A) in subsection (a)--

   Inserted: (i) by inserting "(1)" after "(a)"; and

   Inserted: (ii) by adding at the end the following new paragraph:

   Inserted: "(2) A person described in section 4320(a) of this title 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 section 4320(b) of this title."; and

   Inserted: (B) in subsection (c)(1), by inserting " as described in paragraph (1) of that subsection, or the person's absence from employment as described in paragraph (2) of that subsection," after "service in the uniformed services".

   Inserted: (2) Conforming amendment.--The heading of such section is amended to read as follows:

   Inserted: "Sec. 4311. Discrimination and acts of reprisal prohibited:

   Inserted: persons who serve in the uniformed services; family caregivers of recovering members of the Armed Forces".

   Inserted: (d) Clerical Amendments.--The table of sections at the beginning of chapter 43 of such title is amended--

   Inserted: (1) by striking the item relating to section 4311 and inserting the following new item:

   Inserted: "4311. Discrimination and acts of reprisal prohibited: persons who serve in the uniformed services; family caregivers of recovering members of the Armed Forces."; and

   Inserted: (2) by inserting after the item relating to section 4319 the following new item:

   Inserted: "4320. Employment rights of family members caring for recovering members of the Armed Forces.".

   Original wording

   At the end of subtitle E of title X, add the following:

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As printed