1.This Act may be cited as
the Support for Injured Servicemembers
Act of 2007
.
2.Servicemember
family leave
(a)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)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)The
term servicemember means a member of the Armed
Forces.
.
(b)Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended
by adding at the end the following:
(3)Servicemember
family leaveSubject 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)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)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 leaveSection 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)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 leaveIn any case in which an employee seeks
leave under subsection (a)(3), the employee shall provide such notice as is
practicable.
.
(4)Section
103 of such Act (29 U.S.C. 2613) is amended by adding at the end the
following:
(f)Certification
for Servicemember Family LeaveAn 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)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)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)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)
.
3.Servicemember
family leave for civil service employees
(a)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)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)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 leaveSection 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)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)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.
.