[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1975 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1975

 To expand family and medical leave in support of servicemembers with 
                        combat-related injuries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

    Mr. Dodd (for himself, Mrs. Clinton, Mrs. Dole, Mr. Graham, Mr. 
   Kennedy, Mr. Chambliss, Mr. Reed, Ms. Mikulski, Mrs. Murray, Mr. 
    Salazar, Mr. Lieberman, Mr. Menendez, Mr. Brown, Mr. Nelson of 
 Nebraska, Mr. Cardin, and Mr. Harkin) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To expand family and medical leave in support 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''.

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) 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, is otherwise in 
        medical hold or medical holdover status, or is otherwise on the 
        temporary disability retired list, 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) Next of kin.--The term `next of kin', used with 
        respect to an individual, means the nearest blood relative of 
        that individual.
            ``(18) 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) 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 spouse, son, daughter, parent, 
        or next of kin of a covered servicemember shall be entitled to 
        a total of 26 workweeks of leave during a 12-month period to 
        care for the servicemember. 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.''.
    (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), 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)''.
            (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)(2) of such Act (29 U.S.C. 
        2612(e)(2)) is amended by inserting ``or under subsection 
        (a)(3)'' after ``subsection (a)(1)''.
            (4) 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) Servicemember family 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).''.
    (d) 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.''.
    (e) 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 servicemember being 
                        cared for by the employee, in the case of an 
                        employee unable to return to work because of a 
                        condition specified in section 102(a)(3).''.
    (f) 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''.
    (g) 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)''.

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 `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;
            ``(8) 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, is otherwise in medical hold or medical holdover 
        status, or is otherwise on the temporary disability retired 
        list, for a serious injury or illness;
            ``(9) 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;
            ``(10) the term `next of kin', used with respect to an 
        individual, means the nearest blood relative of that 
        individual; and
            ``(11) 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) 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 
        spouse, son, daughter, parent, or next of kin of a covered 
        servicemember shall be entitled to a total of 26 administrative 
        workweeks of leave during a 12-month period to care for the 
        servicemember. The leave described in this paragraph shall only 
        be available during a single 12-month period.
            ``(4) During the single 12-month period described in 
        paragraph (3), an employee shall be entitled to a combined 
        total of 26 administrative 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.''.
    (c) Requirements Relating to Leave.--
            (1) Schedule.--Section 6382(b) of such title is amended--
                    (A) in paragraph (1), in the second sentence--
                            (i) by striking ``section 6383(b)(5)'' and 
                        inserting ``subsection (b)(5) or (f) (as 
                        appropriate) of section 6383''; 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)''.
            (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 
        inserting ``or under subsection (a)(3)'' after ``subsection 
        (a)(1)''.
    (d) 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>