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.
Short title
This Act may be cited as
the Support for Injured Servicemembers
Act of 2007
.
Servicemember family leave
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:
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)—
as a direct result of armed conflict;
while an individual was engaged in hazardous service;
in the performance of duty under conditions simulating war; or
through an instrumentality of war.
Servicemember
The term servicemember means a member of the Armed Forces.
.
Entitlement to leave
Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following:
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.
Combined leave total
An eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3).
.
Requirements relating to leave
Schedule
Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended—
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
in paragraph (2),
by inserting or subsection (a)(3)
after subsection
(a)(1)
.
Substitution of paid leave
Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended—
in paragraph (1)—
by
inserting (or 26 workweeks in the case of leave provided under
subsection (a)(3))
after 12 workweeks
the first place it
appears; and
by
inserting (or 26 workweeks, as appropriate)
after 12
workweeks
the second place it appears; and
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.
.
Notice
Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following:
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.
.
Certification
Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:
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.
.
Failure to return
Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended—
in paragraph
(2)(B)(i), by inserting or section 102(a)(3)
before the
semicolon; and
in paragraph (3)(A)—
in
clause (i), by striking or
at the end;
in
clause (ii), by striking the period and inserting ; or
;
and
by adding at the end the following:
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).
.
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
.
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)
.
Servicemember family leave for civil service employees
Definitions
Section 6381 of title 5, United States Code, is amended—
in paragraph (5),
by striking and
at the end;
in paragraph (6),
by striking the period and inserting ; and
; and
by adding at the end the following:
the term combat-related injury means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)—
as a direct result of armed conflict;
while an individual was engaged in hazardous service;
in the performance of duty under conditions simulating war; or
through an instrumentality of war; and
the term servicemember means a member of the Armed Forces.
.
Entitlement to leave
Section 6382(a) of such title is amended by adding at the end the following:
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.
An employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3).
.
Requirements relating to leave
Schedule
Section 6382(b) of such title is amended—
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
in paragraph (2),
by inserting or subsection (a)(3)
after subsection
(a)(1)
.
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.
.
Notice
Section 6382(e) of such title is amended by adding at the end the following:
In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.
.
Certification
Section 6383 of such title is amended by adding at the end the following:
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.
.