II 109th CONGRESS 1st Session S. 1888 IN THE SENATE OF THE UNITED STATES October 19, 2005 Mr. Jeffords (for himself and Mr. Feingold) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for 2 programs to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes.
1.
Short title
This Act may be cited as the Military Family Support Act of 2005.
2.
Programs for use of leave by caregivers for family members of individuals performing certain military service
(a)
Federal employees program
(1)
Definitions
In this subsection: (A)
Caregiver
The term caregiver means an individual who— (i)is an employee; (ii)is at least 21 years of age; and (iii)is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces. (B)
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) remains a qualified member of the Armed Forces. (C)
Employee
The term employee has the meaning given under section 6331 of title 5, United States Code. (D)
Family member
The term family member includes— (i)individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and (ii)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. (E)
Qualified member of the armed forces
The term qualified member of the Armed Forces means— (i)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 (ii)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. (2)
Establishment of program
The Office of Personnel Management shall establish a program to authorize a caregiver to— (A)use any sick leave of that caregiver during a covered period of service in the same manner and to the same extent as annual leave is used; and (B)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. (3)
Designation of caregiver
(A)
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. (B)
Designation of spouse
Notwithstanding paragraph (1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation. (4)
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. (5)
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. (6)
Termination
The program under this subsection shall terminate on December 31, 2007. (b)
Voluntary private sector leave program
(1)
Definitions
(A)
Caregiver
The term caregiver means an individual who— (i)is an employee; (ii)is at least 21 years of age; and (iii)is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces. (B)
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 (4) remains a qualified member of the Armed Forces. (C)
Employee
The term employee means an employee of a business entity participating in the program under this subsection. (D)
Family member
The term family member includes— (i)individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and (ii)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. (E)
Qualified member of the armed forces
The term qualified member of the Armed Forces means— (i)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 (ii)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. (2)
Establishment of program
(A)
In general
The Secretary of Labor shall establish a program to authorize employees of business entities described under paragraph (3) to use sick leave, or any other leave available to an employee, during a covered period of service in the same manner and to the same extent as annual leave (or its equivalent) is used. (B)
Exception
Subparagraph (A) shall not apply to leave made available under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (3)
Voluntary business participation
The Secretary of Labor shall solicit business entities to voluntarily participate in the program under this subsection. (4)
Designation of caregiver
(A)
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 business entity. (B)
Designation of spouse
Notwithstanding paragraph (1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation. (5)
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. (6)
Regulations
Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to carry out this subsection. (7)
Termination
The program under this subsection shall terminate on December 31, 2007. (c)
GAO report
Not later than June 30, 2007, the Government Accountability Office shall submit a report to Congress on the programs under subsections (a) and (b) that includes— (1)an evaluation of the success of each program; and (2)recommendations for the continuance or termination of each program.