[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.''.