II 110th CONGRESS 1st Session S. 1885 IN THE SENATE OF THE UNITED STATES July 26, 2007 Mr. Reid (for Mr. Obama (for himself, Mrs. McCaskill, Mr. Harkin, Mr. Kerry, Mr. Baucus, Mr. Biden, Mr. Durbin, and Mr. Kennedy)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide certain employment protections for family members who are caring for members of the Armed Forces recovering from illnesses and injuries incurred on active duty.

1.

Short title

This Act may be cited as the Military Family Job Protection Act.

2.

Prohibition on discrimination in employment against certain family members caring for recovering members of the Armed Forces

(a)

Prohibition

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 workweeks. (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 in that subsection 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)

Benefit of employment

The term benefit of employment has the meaning given such term in section 4303 of title 38, United States Code. (2)

Caring for

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)

Employer

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)

Family member

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)

Recovering servicemember

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.