[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 683 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 683
To amend the Family and Medical Leave Act of 1993 to provide
entitlement to leave to eligible employees whose spouse, son, daughter,
or parent is a member of the Armed Forces serving on active duty in
support of a contingency operation or notified of an impending call or
order to active duty in support of a contingency operation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2003
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to provide
entitlement to leave to eligible employees whose spouse, son, daughter,
or parent is a member of the Armed Forces serving on active duty in
support of a contingency operation or notified of an impending call or
order to active duty in support of a contingency operation.
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 Families Leave Act of 2003''.
SEC. 2. 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 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--
``(a) receipt of
notification of an impending
call or order to active duty in
support of a contingency
operation; and
``(b) 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. 3. 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
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.''.