1.This Act may be cited as
the Military Family Support
Act
.
2.Federal
employees program for use of leave by caregivers for family members of
individuals performing certain military service
(a)Federal
employees program
(1)In
this subsection:
(A)The
term caregiver means an individual who—
(i)is
an employee;
(ii)is
at least 18 years of age; and
(iii)is capable of
self care and care of children or other dependent family members of a qualified
member of the Armed Forces.
(B)Covered period
of serviceThe term covered period of service means
any period of service performed by an employee as a caregiver—
(i)while the
individual who designated the caregiver under paragraph (3)(A) remains a
qualified member of the Armed Forces; or
(ii)after being
designated as the caregiver under paragraph (3)(B) and while the applicable
qualified member of the Armed Forces remains a qualified member of the Armed
Forces.
(C)Except
as provided under paragraph (5), the term employee has the meaning
given under section 6331 of title 5, United States Code.
(D)The term family member includes—
(i)individuals for
whom the qualified member of the Armed Forces provides medical, financial, and
logistical support (such as housing, food, clothing, or transportation);
and
(ii)children under
the age of 19 years, elderly adults, persons with disabilities, and other
persons who are unable to care for themselves in the absence of the qualified
member of the Armed Forces.
(E)Qualified
member of the armed forcesThe term qualified member of the
Armed Forces—
(i)means—
(I)a member of a
reserve component of the Armed Forces as described under section 10101 of title
10, United States Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency operation as
defined under section 101(a)(13) of title 10, United States Code; or
(II)a member of the
Armed Forces on active duty who is eligible for hostile fire or imminent danger
special pay under section 310 of title 37, United States Code; and
(ii)includes a
member described under clause (i) who is medically discharged or retires from
the Armed Forces, but only for the 36 month period beginning on the date of
that medical discharge or retirement.
(2)The Office of Personnel Management shall establish a
program that—
(A)authorizes a
caregiver to—
(i)use
any sick leave of that caregiver during a covered period of service; and
(ii)use any leave
available to that caregiver under subchapter III or IV of chapter 63 of title
5, United States Code, during a covered period of service as though that
covered period of service is a medical emergency;
(B)provides a
process under which a caregiver provides the employing agency reasonable notice
of the need for leave under this section, similar to the process under which
notice is provided to the employing agency under subchapter V of chapter 63 of
title 5, United States Code; and
(C)protects
employees from discrimination or retaliation for the use of the leave under
this section and provides employees with the opportunity to appeal a denial of
the use of leave under this section.
(3)
(A)A qualified member of the Armed Forces shall submit a
written designation of the individual who is the caregiver for any family
member of that member of the Armed Forces during a covered period of service to
the employing agency and the Office of Personnel Management.
(B)If a qualified member of the Armed Forces who did not
submit a designation under subparagraph (A) becomes incapacitated and is unable
to submit that designation, a designation under subparagraph (A) may be
submitted on behalf of that member by another individual in accordance with
regulations prescribed by the Office of Personnel Management after consultation
with the Department of Defense.
(4)Leave may only be used under this subsection for
purposes directly relating to, or resulting from, the designation of an
employee as a caregiver.
(5)
(A)In
this section:
(i)The
term employee has the meaning given under section 2105 of title 5,
United States Code.
(ii)Intimidate,
threaten, or coerceThe term intimidate, threaten, or
coerce includes promising to confer or conferring any benefit (such as
appointment, promotion, or compensation), or taking or threatening to take any
reprisal (such as deprivation of appointment, promotion, or
compensation).
(B)An
employee shall not directly or indirectly intimidate, threaten, or coerce, or
attempt to intimidate, threaten, or coerce, any other employee for the purpose
of interfering with the exercise of any rights which such other employee may
have under this Act.
(6)Not
later than 120 days after the date of enactment of this Act, the Office of
Personnel Management shall prescribe regulations to carry out this
subsection.
(7)The
program under this subsection shall terminate on December 31, 2012.
(b)Not later than June
30, 2010, the Government Accountability Office shall submit a report to
Congress on the program under subsections (a) that includes—
(1)an evaluation of
the success of the program;
(2)recommendations
for the continuance or termination of the program; and
(3)a recommendation
for the program or an expansion of the Family Medical Leave Act of 1993.
(c)The
aggregate amount authorized to be appropriated for fiscal year 2008 for the use
of the Department of Defense for research, development, test and evaluation
shall be reduced by $2,000,000.