[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3993 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3993

 To provide for a prohibition on discrimination in employment against 
   certain family members caring for recovering members of the Armed 
                                Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2007

 Mr. Altmire introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committees on 
Oversight and Government Reform and House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for a prohibition on discrimination in employment against 
   certain family members caring for recovering members of the Armed 
                                Forces.

    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 Family Job Protection 
Act''.

SEC. 2. MILITARY FAMILY JOB PROTECTION.

    (a) Prohibition on Discrimination in Employment Against Certain 
Family Members Caring for Recovering Members of the Armed Forces.--A 
family member of a recovering servicemember described in subsection (b) 
shall not be denied retention in employment, promotion, or any benefit 
of employment by an employer on the basis of the family member's 
absence from employment as described in that subsection, for a period 
of not more than 52 work weeks.
    (b) Covered Family Members.--A family member described in this 
subsection is a family member of a recovering servicemember who is--
            (1) on invitational orders while caring for the recovering 
        servicemember;
            (2) a non-medical attendee caring for the recovering 
        servicemember; or
            (3) receiving per diem payments from the Department of 
        Defense while caring for the recovering servicemember.
    (c) Treatment of Actions.--An employer shall be considered to have 
engaged in an action prohibited by subsection (a) with respect to a 
person described subsection (b) if the absence from employment of the 
person as described in that subsection is a motivating factor in the 
employer's action, unless the employer can prove that the action would 
have been taken in the absence of the absence of employment of the 
person.
    (d) Definitions.--In this section:
            (1) The term ``benefit of employment'' has the meaning 
        given such term in section 4303 of title 38, United States 
        Code.
            (2) The term ``caring for'', used with respect to a 
        recovering servicemember, means providing personal, medical, or 
        convalescent care to the recovering servicemember, under 
        circumstances that substantially interfere with an employee's 
        ability to work.
            (3) The term ``employer'' has the meaning given such term 
        in section 4303 of title 38, United States Code, except that 
        the term does not include any person who is not considered to 
        be an employer under title I of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2611 et seq.) because the person does 
        not meet the requirements of section 101(4)(A)(i) of such Act 
        (29 U.S.C. 2611(4)(A)(i)).
            (4) The term ``family member'', with respect to a 
        recovering servicemember, has the meaning given that term in 
        section 411h(b) of title 37, United States Code.
            (5) The term ``recovering servicemember'' means a member of 
        the Armed Forces, including a member of the National Guard or a 
        Reserve, who is undergoing medical treatment, recuperation, or 
        therapy, or is otherwise in medical hold or medical holdover 
        status, for an injury, illness, or disease incurred or 
        aggravated while on active duty in the Armed Forces.
                                 <all>