I
110th CONGRESS
2d Session
H. R. 6326
IN THE HOUSE OF REPRESENTATIVES
June 19, 2008
Ms. Woolsey introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for a Federal employees program to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes.
Short title
This Act may be cited as the
Military Family Support Act of
2008
.
Federal employees program for use of leave by caregivers for family members of individuals performing certain military service
Federal employees program
Definitions
In this subsection:
Caregiver
The term caregiver means an individual who—
is an employee;
is at least 18 years of age; and
is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces.
Covered period of service
The term covered period of service means any period of service performed by an employee as a caregiver—
while the individual who designated the caregiver under paragraph (3)(A) remains a qualified member of the Armed Forces; or
after being designated as the caregiver under paragraph (3)(B) and while the applicable qualified member of the Armed Forces remains a qualified member of the Armed Forces.
Employee
Except as provided under paragraph (5), the term employee has the meaning given under section 6331 of title 5, United States Code.
Family member
The term family member includes—
individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and
children under the age of 19 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves in the absence of the qualified member of the Armed Forces.
Qualified member of the armed forces
The term qualified member of the Armed Forces—
means—
a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or
a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code; and
includes a member described under clause (i) who is medically discharged or retires from the Armed Forces, but only for the 36 month period beginning on the date of that medical discharge or retirement.
Establishment of program
The Office of Personnel Management shall establish a program that—
authorizes a caregiver to—
use any sick leave of that caregiver during a covered period of service; and
use any leave available to that caregiver under subchapter III or IV of chapter 63 of title 5, United States Code, during a covered period of service as though that covered period of service is a medical emergency;
provides a process under which a caregiver provides the employing agency reasonable notice of the need for leave under this section, similar to the process under which notice is provided to the employing agency under subchapter V of chapter 63 of title 5, United States Code; and
protects employees from discrimination or retaliation for the use of the leave under this section and provides employees with the opportunity to appeal a denial of the use of leave under this section.
Designation of caregiver
In general
A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to the employing agency and the Office of Personnel Management.
Incapacitated members
If a qualified member of the Armed Forces who did not submit a designation under subparagraph (A) becomes incapacitated and is unable to submit that designation, a designation under subparagraph (A) may be submitted on behalf of that member by another individual in accordance with regulations prescribed by the Office of Personnel Management after consultation with the Department of Defense.
Use of caregiver leave
Leave may only be used under this subsection for purposes directly relating to, or resulting from, the designation of an employee as a caregiver.
Prohibition of coercion
Definition
In this section:
Employee
The term employee has the meaning given under section 2105 of title 5, United States Code.
Intimidate, threaten, or coerce
The term intimidate, threaten, or coerce includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation).
Prohibition
An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this Act.
Regulations
Not later than 120 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out this subsection.
Termination
The program under this subsection shall terminate on December 31, 2012.
GAO report
Not later than June 30, 2010, the Government Accountability Office shall submit a report to Congress on the program under subsections (a) that includes—
an evaluation of the success of the program;
recommendations for the continuance or termination of the program; and
a recommendation for the program or an expansion of the Family and Medical Leave Act of 1993.
Offset
The aggregate amount authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test and evaluation shall be reduced by $2,000,000.