[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 798 Introduced in Senate (IS)]

  1st Session
                                 S. 798

 To amend the Family and Medical Leave Act of 1993 and title 5, United 
  States Code, to provide entitlement to leave to eligible employees 
whose spouse, son, daughter, or parent is a member of the Armed Forces 
who is serving on active duty in support of a contingency operation or 
who is notified of an impending call or order to active duty in support 
          of a contingency operation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2005

  Mr. Feingold (for himself, Mr. Corzine, Mr. Dayton, Mr. Durbin, Mr. 
  Lautenberg, Ms. Mikulski, and Mrs. Murray) 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 and title 5, United 
  States Code, to provide entitlement to leave to eligible employees 
whose spouse, son, daughter, or parent is a member of the Armed Forces 
who is serving on active duty in support of a contingency operation or 
who is notified of an impending call or order to active duty in support 
          of a contingency operation, and for other purposes.

    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 
2005''.

SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAMILY AND MEDICAL LEAVE 
              ACT OF 1993.

    (a) Entitlement to Leave.--Section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 
at the end the following new subparagraph:
                    ``(E) Because of any qualifying exigency (as the 
                Secretary may by regulation determine) arising out of 
                the fact that the spouse, or a son, daughter, or parent 
                of the employee is on active duty (or has been notified 
                of an impending call or order to active duty) in the 
                Armed Forces in support of a contingency operation.''.
    (b) Intermittent or Reduced Leave 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 new sentence: ``Subject to subsection 
(e)(3) and section 103(f), leave under subsection (a)(1)(E) 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 striking ``or (C)'' and 
inserting ``(C), or (E)''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is 
amended by adding at the end the following new paragraph:
            ``(3) Notice for leave due to active duty of family 
        member.--In any case in which the necessity for leave under 
        subsection (a)(1)(E) is foreseeable based on notification of an 
        impending call or order to active duty in support of a 
        contingency operation, the employee shall provide such notice 
        to the employer as is reasonable and practicable.''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following new subsection:
    ``(f) Certification for Leave Due to Active Duty of Family 
Member.--An employer may require that a request for leave under section 
102(a)(1)(E) be supported by a certification issued at such time and in 
such manner as the Secretary shall by regulation prescribe. If the 
Secretary issues a regulation requiring such certification, the 
employee shall provide, in a timely manner, a copy of such 
certification to the employer.''.
    (f) Definition.--Section 101 of such Act (29 U.S.C. 2611) is 
amended by adding at the end the following new paragraph:
            ``(14) Contingency operation.--The term `contingency 
        operation' has the same meaning given such term in section 
        101(a)(13) of title 10, United States Code.''.

SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5, UNITED STATES CODE.

    (a) Entitlement to Leave.--Section 6382(a)(1) of title 5, United 
States Code, is amended by adding at the end the following new 
subparagraph:
            ``(E) Because of any qualifying exigency (as defined under 
        section 6387) arising out of the fact that the spouse, or a 
        son, daughter, or parent, of the employee is on active duty (or 
        has been notified of an impending call or order to active duty) 
        in the Armed Forces in support of a contingency operation.''.
    (b) Intermittent or Reduced Leave Schedule.--Section 6382(b)(1) of 
such title is amended by inserting after the second sentence the 
following new sentence: ``Subject to subsection (e)(3) and section 
6383(f), leave under subsection (a)(1)(E) may be taken intermittently 
or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
amended by striking ``or (D)'' and inserting ``(D), or (E)''.
    (d) Notice.--Section 6382(e) of such title is amended by adding at 
the end the following new paragraph:
            ``(3) In any case in which the necessity for leave under 
        subsection (a)(1)(E) is foreseeable based on notification of an 
        impending call or order to active duty in support of a 
        contingency operation, the employee shall provide such notice 
        to the employing agency as is reasonable and practicable.''.
    (e) Certification.--Section 6383 of such title is amended by adding 
at the end the following new subsection:
    ``(f) An employing agency may require that a request for leave 
under section 6382(a)(1)(E) be supported by a certification issued at 
such time and in such manner as the employing agency may require.''.
    (f) Definition.--Section 6381 of such title is amended--
            (1) in paragraph (5)(B), by striking ``and'' at the end;
            (2) in paragraph (6)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) the term `contingency operation' has the same meaning 
        given such term in section 101(a)(13) of title 10.''.
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