[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 798 Introduced in Senate (IS)]
1st Session
S. 798
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to provide entitlement to leave to eligible employees
whose spouse, son, daughter, or parent is a member of the Armed Forces
who is serving on active duty in support of a contingency operation or
who is notified of an impending call or order to active duty in support
of a contingency operation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Mr. Feingold (for himself, Mr. Corzine, Mr. Dayton, Mr. Durbin, Mr.
Lautenberg, Ms. Mikulski, and Mrs. Murray) 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 and title 5, United
States Code, to provide entitlement to leave to eligible employees
whose spouse, son, daughter, or parent is a member of the Armed Forces
who is serving on active duty in support of a contingency operation or
who is notified of an impending call or order to active duty in support
of a contingency operation, and for other purposes.
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
2005''.
SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAMILY AND MEDICAL LEAVE
ACT OF 1993.
(a) Entitlement to Leave.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding
at the end the following new subparagraph:
``(E) Because of any qualifying exigency (as the
Secretary may by regulation determine) arising out of
the fact that the spouse, or a son, daughter, or parent
of the employee is on active duty (or has been notified
of an impending call or order to active duty) in the
Armed Forces in support of a contingency operation.''.
(b) Intermittent or Reduced Leave 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 new sentence: ``Subject to subsection
(e)(3) and section 103(f), leave under subsection (a)(1)(E) 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 striking ``or (C)'' and
inserting ``(C), or (E)''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
``(3) Notice for leave due to active duty of family
member.--In any case in which the necessity for leave under
subsection (a)(1)(E) is foreseeable based on notification of an
impending call or order to active duty in support of a
contingency operation, the employee shall provide such notice
to the employer as is reasonable and practicable.''.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(f) Certification for Leave Due to Active Duty of Family
Member.--An employer may require that a request for leave under section
102(a)(1)(E) be supported by a certification issued at such time and in
such manner as the Secretary shall by regulation prescribe. If the
Secretary issues a regulation requiring such certification, the
employee shall provide, in a timely manner, a copy of such
certification to the employer.''.
(f) Definition.--Section 101 of such Act (29 U.S.C. 2611) is
amended by adding at the end the following new paragraph:
``(14) Contingency operation.--The term `contingency
operation' has the same meaning given such term in section
101(a)(13) of title 10, United States Code.''.
SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5, UNITED STATES CODE.
(a) Entitlement to Leave.--Section 6382(a)(1) of title 5, United
States Code, is amended by adding at the end the following new
subparagraph:
``(E) Because of any qualifying exigency (as defined under
section 6387) arising out of the fact that the spouse, or a
son, daughter, or parent, of the employee is on active duty (or
has been notified of an impending call or order to active duty)
in the Armed Forces in support of a contingency operation.''.
(b) Intermittent or Reduced Leave Schedule.--Section 6382(b)(1) of
such title is amended by inserting after the second sentence the
following new sentence: ``Subject to subsection (e)(3) and section
6383(f), leave under subsection (a)(1)(E) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by striking ``or (D)'' and inserting ``(D), or (E)''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
``(3) In any case in which the necessity for leave under
subsection (a)(1)(E) is foreseeable based on notification of an
impending call or order to active duty in support of a
contingency operation, the employee shall provide such notice
to the employing agency as is reasonable and practicable.''.
(e) Certification.--Section 6383 of such title is amended by adding
at the end the following new subsection:
``(f) An employing agency may require that a request for leave
under section 6382(a)(1)(E) be supported by a certification issued at
such time and in such manner as the employing agency may require.''.
(f) Definition.--Section 6381 of such title is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) the term `contingency operation' has the same meaning
given such term in section 101(a)(13) of title 10.''.
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