[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1894 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1894

To amend the Family and Medical Leave Act of 1993 to provide family and 
   medical leave to primary caregivers of servicemembers with combat-
                           related injuries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 26), 2007

   Mr. Reid (for Mr. Dodd (for himself, Mr. Nelson of Nebraska, Mr. 
 Kennedy, Mr. Reed, and Mr. Lieberman)) 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 family and 
   medical leave to primary caregivers of servicemembers with combat-
                           related injuries.

    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 ``Support for Injured Servicemembers 
Act of 2007''.

SEC. 2. SERVICEMEMBER FAMILY LEAVE.

    (a) Definitions.--Section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:
            ``(14) Combat-related injury.--The term `combat-related 
        injury' means an injury or illness that was incurred (as 
        determined under criteria prescribed by the Secretary of 
        Defense)--
                    ``(A) as a direct result of armed conflict;
                    ``(B) while an individual was engaged in hazardous 
                service;
                    ``(C) in the performance of duty under conditions 
                simulating war; or
                    ``(D) through an instrumentality of war.
            ``(15) Servicemember.--The term `servicemember' means a 
        member of the Armed Forces.''.
    (b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C. 
2612(a)) is amended by adding at the end the following:
            ``(3) Servicemember family leave.--Subject to section 103, 
        an eligible employee who is the primary caregiver for a 
        servicemember with a combat-related injury shall be entitled to 
        a total of 26 workweeks of leave during any 12-month period to 
        care for the servicemember.
            ``(4) Combined leave total.--An eligible employee shall be 
        entitled to a combined total of 26 workweeks of leave under 
        paragraphs (1) and (3).''.
    (c) Requirements Relating to Leave.--
            (1) Schedule.--Section 102(b) of such Act (29 U.S.C. 
        2612(b)) is amended--
                    (A) in paragraph (1), by inserting after the second 
                sentence the following: ``Subject to paragraph (2), 
                leave under subsection (a)(3) may be taken 
                intermittently or on a reduced leave schedule''; and
                    (B) in paragraph (2), by inserting ``or subsection 
                (a)(3)'' after ``subsection (a)(1)''.
            (2) Substitution of paid leave.--Section 102(d) of such Act 
        (29 U.S.C. 2612(d)) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting ``(or 26 workweeks in the 
                        case of leave provided under subsection 
                        (a)(3))'' after ``12 workweeks'' the first 
                        place it appears; and
                            (ii) by inserting ``(or 26 workweeks, as 
                        appropriate)'' after ``12 workweeks'' the 
                        second place it appears; and
                    (B) in paragraph (2)(B), by adding at the end the 
                following: ``An eligible employee may elect, or an 
                employer may require the employee, to substitute any of 
                the accrued paid vacation leave, personal leave, family 
                leave, or medical or sick leave of the employee for 
                leave provided under subsection (a)(3) for any part of 
                the 26-week period of such leave under such 
                subsection.''.
            (3) 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 servicemember family leave.--In any case 
        in which an employee seeks leave under subsection (a)(3), the 
        employee shall provide such notice as is practicable.''.
            (4) Certification.--Section 103 of such Act (29 U.S.C. 
        2613) is amended by adding at the end the following:
    ``(f) Certification for Servicemember Family Leave.--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.''.
            (5) Failure to return.--Section 104(c) of such Act (29 
        U.S.C. 2614(c)) is amended--
                    (A) in paragraph (2)(B)(i), by inserting ``or 
                section 102(a)(3)'' before the semicolon; and
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``or'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) a certification issued by the 
                        health care provider of the person for whom the 
                        employee is the primary caregiver, in the case 
                        of an employee unable to return to work because 
                        of a condition specified in section 
                        102(a)(3).''.
            (6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) 
        is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 
        26 weeks, in a case involving leave under section 102(a)(3))'' 
        after ``12 weeks''.
            (7) Instructional employees.--Section 108 of such Act (29 
        U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and 
        (d)(3), by inserting ``or section 102(a)(3)'' after ``section 
        102(a)(1)''.

SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES.

    (a) Definitions.--Section 6381 of title 5, United States Code, is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(7) the term `combat-related injury' means an injury or 
        illness that was incurred (as determined under criteria 
        prescribed by the Secretary of Defense)--
                    ``(A) as a direct result of armed conflict;
                    ``(B) while an individual was engaged in hazardous 
                service;
                    ``(C) in the performance of duty under conditions 
                simulating war; or
                    ``(D) through an instrumentality of war; and
            ``(8) the term `servicemember' means a member of the Armed 
        Forces.''.
    (b) Entitlement to Leave.--Section 6382(a) of such title is amended 
by adding at the end the following:
            ``(3) Subject to section 6383, an employee who is the 
        primary caregiver for a servicemember with a combat-related 
        injury shall be entitled to a total of 26 administrative 
        workweeks of leave during any 12-month period to care for the 
        servicemember.
            ``(4) An employee shall be entitled to a combined total of 
        26 administrative workweeks of leave under paragraphs (1) and 
        (3).''.
    (c) Requirements Relating to Leave.--
            (1) Schedule.--Section 6382(b) of such title is amended--
                    (A) in paragraph (1), by inserting after the second 
                sentence the following: ``Subject to paragraph (2), 
                leave under subsection (a)(3) may be taken 
                intermittently or on a reduced leave schedule.''; and
                    (B) in paragraph (2), by inserting ``or subsection 
                (a)(3)'' after ``subsection (a)(1)''.
            (2) Substitution of paid leave.--Section 6382(d) of such 
        title is amended by adding at the end the following: ``An 
        employee may elect to substitute for leave under subsection 
        (a)(3) any of the employee's accrued or accumulated annual or 
        sick leave under subchapter I for any part of the 26-week 
        period of leave under such subsection.''.
            (3) Notice.--Section 6382(e) of such title is amended by 
        adding at the end the following:
    ``(3) In any case in which an employee seeks leave under subsection 
(a)(3), the employee shall provide such notice as is practicable.''.
            (4) 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.''.
                                 <all>