[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1898 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1898

To amend the Family and Medical Leave Act of 1993 to expand family and 
      medical leave for spouses, sons, daughters, and parents of 
              servicemembers with combat-related injuries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2007

 Mr. Reid (for Mrs. Clinton (for herself, Mrs. Dole, Ms. Mikulski, Mr. 
  Graham, Mr. Kennedy, and Mr. Brown)) 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 expand family and 
      medical leave for spouses, sons, daughters, and parents 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 ``Military Family and Medical Leave 
Act''.

SEC. 2. MILITARY FAMILY AND MEDICAL 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) Active duty.--The term `active duty' means duty 
        under a call or order to active duty under a provision of law 
        referred to in section 101(a)(13)(B) of title 10, United States 
        Code.
            ``(15) Covered servicemember.--The term `covered 
        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 a serious injury 
        or illness.
            ``(16) Medical hold or medical holdover status.--The term 
        `medical hold or medical holdover status' means--
                    ``(A) the status of a member of the Armed Forces, 
                including a member of the National Guard or a Reserve, 
                assigned or attached to a military hospital for medical 
                care; and
                    ``(B) the status of a member of a reserve component 
                of the Armed Forces who is separated, whether pre-
                deployment or post-deployment, from the member's unit 
                while in need of health care based on a medical 
                condition identified while the member is on active duty 
                in the Armed Forces.
            ``(17) Serious injury or illness.--The term `serious injury 
        or illness', in the case of a member of the Armed Forces, means 
        an injury or illness incurred by the member in line of duty on 
        active duty in the Armed Forces that may render the member 
        medically unfit to perform the duties of the member's office, 
        grade, rank, or rating.''.
    (b) Military Family and Medical Leave.--
            (1) 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) Military family and medical leave.--Subject to 
        section 103, an eligible employee shall be entitled to a total 
        of 26 workweeks of leave during a 12-month period to care for a 
        covered servicemember who is the spouse, son, daughter, or 
        parent of the employee. The leave described in this paragraph 
        shall only be available during a single 12-month period.
            ``(4) Combined leave total.--During the single 12-month 
        period described in paragraph (3), an eligible employee shall 
        be entitled to a combined total of 26 workweeks of leave under 
        paragraphs (1) and (3). Nothing in this paragraph shall be 
        construed to limit the availability of leave under paragraph 
        (1) during any other 12-month period.''.
            (2) Schedule.--Section 102(b) of such Act (29 U.S.C. 
        2612(b)) is amended--
                    (A) in paragraph (1), in the second sentence--
                            (i) by striking ``section 103(b)(5)'' and 
                        inserting ``subsection (b)(5) or (f) (as 
                        appropriate) of section 103''; and
                            (ii) by inserting ``or under subsection 
                        (a)(3)'' after ``subsection (a)(1)''; and
                    (B) in paragraph (2), by inserting ``or under 
                subsection (a)(3)'' after ``subsection (a)(1)''.
            (3) 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)--
                            (i) in subparagraph (A), 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, or family 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.''; and
                            (ii) in subparagraph (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, 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.''.
            (4) Notice.--Section 102(e)(2) of such Act (29 U.S.C. 
        2612(e)(2)) is amended by inserting ``or under subsection 
        (a)(3)'' after ``subsection (a)(1)''.
            (5) Spouses employed by same employer.--Section 102(f) of 
        such Act (29 U.S.C. 2612(f)) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), and aligning the margins of 
                the subparagraphs with the margins of section 
                102(e)(2)(A);
                    (B) by striking ``In any'' and inserting the 
                following:
            ``(1) In general.--In any''; and
                    (C) by adding at the end the following:
            ``(2) Military family and medical leave.--
                    ``(A) In general.--The aggregate number of 
                workweeks of leave to which both that husband and wife 
                may be entitled under subsection (a) may be limited to 
                26 workweeks during the single 12-month period 
                described in subsection (a)(3) if the leave is--
                            ``(i) leave under subsection (a)(3); or
                            ``(ii) a combination of leave under 
                        subsection (a)(3) and leave described in 
                        paragraph (1).
                    ``(B) Both limitations applicable.--If the leave 
                taken by the husband and wife includes leave described 
                in paragraph (1), the limitation in paragraph (1) shall 
                apply to the leave described in paragraph (1).''.
    (c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
amended by adding at the end the following:
    ``(f) Certification for Military Family and Medical 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.''.
    (d) Failure To Return.--Section 104(c) of such Act (29 U.S.C. 
2614(c)) is amended--
            (1) in paragraph (2)(B)(i), by inserting ``or under section 
        102(a)(3)'' before the semicolon; and
            (2) in paragraph (3)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) a certification issued by the 
                        health care provider of the son, daughter, 
                        spouse, or parent of the employee, as 
                        appropriate, in the case of an employee unable 
                        to return to work because of a condition 
                        specified in section 102(a)(3).''.
    (e) 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''.
    (f) 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 under section 102(a)(3)'' after ``section 102(a)(1)''.
                                 <all>