S. 1894Senate110th Congress (2007-2009)In Committee

Support for Injured Servicemembers Act of 2007

Introduced July 26, 2007

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S10190-10191)

July 27, 2007

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SenateIntro Referral

Introduced in Senate

July 26, 2007

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S10190-10191)

July 27, 2007

Floor Debate

8 members

What members said about S. 1894 on the floor

1 Republican7 Democrats
Ken Salazar
Sen. Ken SalazarD-CO · Jul 26, 2007

Mr. President, today I am introducing a bill that will help deliver clean energy technologies from the research pipelines of our labs into the hands of our farmers and ranchers, so that we can take…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jul 26, 2007

Mr. President, as Ranking Member on the Coast Guard's oversight subcommittee, I am pleased today to co-sponsor the Coast Guard Authorization Act for fiscal year 2008. The Coast Guard serves as the…

Maria Cantwell
Sen. Maria CantwellD-WA · Jul 26, 2007

Mr. President, I rise today to introduce the Coast Guard Authorization Act for the fiscal year 2008 along with Senators Snowe, Inouye, Stevens, Lautenberg, and Lott. This comprehensive legislation…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jul 26, 2007

Mr. President, I rise today to introduce the Support for Injured Servicemembers Act of 2007. This bill will implement one of the key recommendations of the President's Commission on Care for…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jul 26, 2007

Mr. President, I rise today to introduce the Support for Injured Servicemembers Act of 2007. This bill will implement one of the key recommendations of the President's Commission on Care for…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 26, 2007

Mr. President, in the last few years, our Nation's public health has been threatened repeatedly. We have faced natural disasters like the horrific damage done by Hurricane Katrina. We have endured…

Herb Kohl
Sen. Herb KohlD-WI · Jul 26, 2007

Mr. President, I rise today to introduce the Accountability and Transparency in Medicare Marketing Act, on behalf of myself and Senator Dorgan and Wyden. This legislation aims to regulate the…

Tom Harkin
Sen. Tom HarkinD-IA · Jul 26, 2007

Mr. President, I am joining, today, with the senior Senator from Pennsylvania, Senator Specter, in introducing the ADA Restoration Act of 2007. Today, July 26, marks the 17th anniversary of the…

Max Baucus
Sen. Max BaucusD-MT · Jul 26, 2007

Mr. President, I ask unanimous consent the following material regarding today's introduction of S. 1893, the Children's Health Insurance Program Reauthorization Act of 2007, be included in the…

Bill Text

Latest available legislative text

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Introduced in SenateIssued July 27, 2007

II

110th CONGRESS

1st Session

S. 1894

IN THE SENATE OF THE UNITED STATES

July 27 (legislative day, July 26), 2007

Mr. Reid (for Mr. Dodd (for himself, Mr. Nelson of Nebraska, Mr. Kennedy, Mr. Reed, and Mr. Lieberman)) 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 family and medical leave to primary caregivers of servicemembers with combat-related injuries.

1.

Short title

This Act may be cited as the Support for Injured Servicemembers Act of 2007.

2.

Servicemember family leave

(a)

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:

(14)

Combat-related injury

The term combat-related injury means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)—

(A)

as a direct result of armed conflict;

(B)

while an individual was engaged in hazardous service;

(C)

in the performance of duty under conditions simulating war; or

(D)

through an instrumentality of war.

(15)

Servicemember

The term servicemember means a member of the Armed Forces.

.

(b)

Entitlement to leave

Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following:

(3)

Servicemember family leave

Subject to section 103, an eligible employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 workweeks of leave during any 12-month period to care for the servicemember.

(4)

Combined leave total

An eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3).

.

(c)

Requirements relating to leave

(1)

Schedule

Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended—

(A)

in paragraph (1), by inserting after the second sentence the following: Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule; and

(B)

in paragraph (2), by inserting or subsection (a)(3) after subsection (a)(1).

(2)

Substitution of paid leave

Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended—

(A)

in paragraph (1)—

(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

(ii)

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

(B)

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..

(3)

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 servicemember family leave

In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.

.

(4)

Certification

Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

(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.

.

(5)

Failure to return

Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended—

(A)

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

(B)

in paragraph (3)(A)—

(i)

in clause (i), by striking or at the end;

(ii)

in clause (ii), by striking the period and inserting ; or; and

(iii)

by adding at the end the following:

(iii)

a certification issued by the health care provider of the person for whom the employee is the primary caregiver, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).

.

(6)

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.

(7)

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 section 102(a)(3) after section 102(a)(1).

3.

Servicemember family leave for civil service employees

(a)

Definitions

Section 6381 of title 5, United States Code, is amended—

(1)

in paragraph (5), by striking and at the end;

(2)

in paragraph (6), by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(7)

the term combat-related injury means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)—

(A)

as a direct result of armed conflict;

(B)

while an individual was engaged in hazardous service;

(C)

in the performance of duty under conditions simulating war; or

(D)

through an instrumentality of war; and

(8)

the term servicemember means a member of the Armed Forces.

.

(b)

Entitlement to leave

Section 6382(a) of such title is amended by adding at the end the following:

(3)

Subject to section 6383, an employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 administrative workweeks of leave during any 12-month period to care for the servicemember.

(4)

An employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3).

.

(c)

Requirements relating to leave

(1)

Schedule

Section 6382(b) of such title is amended—

(A)

in paragraph (1), by inserting after the second sentence the following: Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.; and

(B)

in paragraph (2), by inserting or subsection (a)(3) after subsection (a)(1).

(2)

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..

(3)

Notice

Section 6382(e) of such title is amended by adding at the end the following:

(3)

In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.

.

(4)

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.

.