[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1441 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1441

 To amend title 38, United States Code, to grant family of members of 
the uniformed services temporary annual leave during the deployment of 
                             such members.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2009

   Mr. Wyden introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to grant family of members of 
the uniformed services temporary annual leave during the deployment of 
                             such members.

    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 Leave Act of 2009''.

SEC. 2. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED 
              SERVICES.

    (a) In General.--Part III of title 38, United States Code, is 
amended by adding at the end the following new chapter:

   ``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE 
                           UNIFORMED SERVICES

``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.
``Sec. 4401. Definitions
    ``In this chapter:
            ``(1) The terms `benefit', `rights and benefits', 
        `employee', `employer', and `uniformed services' have the 
        meaning given such terms in section 4303 of this title.
            ``(2) The term `contingency operation' has the same meaning 
        given such term in section 101(a)(13) of title 10.
            ``(3) The term `eligible employee' means an individual who 
        is--
                    ``(A) a family member of a member of a uniformed 
                service; and
                    ``(B) an employee of the employer with respect to 
                whom leave is requested under section 4402 of this 
                title.
            ``(4) The term `family member' means an individual who is, 
        with respect to another individual, one of the following:
                    ``(A) The spouse of the other individual.
                    ``(B) A son or daughter of the other individual.
                    ``(C) A parent of the other individual.
            ``(5) The term `reduced leave schedule' means a leave 
        schedule that reduces the usual number of hours per workweek, 
        or hours per workday, of an employee.
            ``(6) The terms `spouse', `son or daughter', and `parent' 
        have the meaning given such terms in section 101 of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2611).
``Sec. 4402. Leave requirement
    ``(a) Entitlement to Leave.--In any 12-month period, an eligible 
employee shall be entitled to two workweeks of leave for each family 
member of the eligible employee who, during such 12-month period--
            ``(1) is in the uniformed services; and
            ``(2)(A) receives notification of an impending call or 
        order to active duty in support of a contingency operation; or
            ``(B) is deployed in connection with a contingency 
        operation.
    ``(b) Leave Taken Intermittently or on Reduced Leave Schedule.--(1) 
Leave under subsection (a) may be taken by an eligible employee 
intermittently or on a reduced leave schedule as the eligible employee 
considers appropriate.
    ``(2) The taking of leave intermittently or on a reduced leave 
schedule pursuant to this subsection shall not result in a reduction in 
the total amount of leave to which the eligible employee is entitled 
under subsection (a) beyond the amount of leave actually taken.
    ``(c) Paid Leave Permitted.--Leave granted under subsection (a) may 
consist of paid leave or unpaid leave as the employer of the eligible 
employee considers appropriate.
    ``(d) Relationship to Paid Leave.--(1) If an employer provides paid 
leave to an eligible employee for fewer than the total number of 
workweeks of leave that the eligible employee is entitled to under 
subsection (a), the additional amount of leave necessary to attain the 
total number of workweeks of leave required under subsection (a) may be 
provided without compensation.
    ``(2) An eligible employee may elect, and an employer may not 
require the eligible employee, to substitute any of the accrued paid 
vacation leave, personal leave, or family leave of the eligible 
employee for leave provided under subsection (a) for any part of the 
total period of such leave the eligible employee is entitled to under 
such subsection.
    ``(e) Notice for Leave.--In any case in which an eligible employee 
chooses to use leave under subsection (a), the eligible employee shall 
provide such notice to the employer as is reasonable and practicable.
``Sec. 4403. Certification
    ``(a) In General.--An employer may require that a request for leave 
under section 4402(a) of this title be supported by a certification of 
entitlement to such leave.
    ``(b) Timeliness of Certification.--An eligible employee shall 
provide, in a timely manner, a copy of the certification required by 
subsection (a) to the employer.
    ``(c) Sufficient Certification.--A copy of the notification, call, 
or order described in section 4402(a)(2) of this title shall be 
considered sufficient certification of entitlement to leave for 
purposes of providing certification under this section. The Secretary 
may prescribe such additional forms and manners of certification as the 
Secretary considers appropriate for purposes of providing certification 
under this section.
``Sec. 4404. Employment and benefits protection
    ``(a) In General.--An eligible employee who takes leave under 
section 4402 of this title for the intended purpose of the leave shall 
be entitled, on return from such leave--
            ``(1) to be restored by the employer to the position of 
        employment held by the eligible employee when the leave 
        commenced; or
            ``(2) to be restored to an equivalent position with 
        equivalent rights and benefits of employment.
    ``(b) Loss of Benefits.--The taking of leave under section 4402 of 
this title shall not result in the loss of any employment benefit 
accrued prior to the date on which the leave commenced.
    ``(c) Limitations.--Nothing in this section shall be construed to 
entitle any restored employee to--
            ``(1) the accrual of any seniority or employment benefits 
        during any period of leave; or
            ``(2) any right, benefit, or position of employment other 
        than any right, benefit, or position to which the employee 
        would have been entitled had the employee not taken the leave.
``Sec. 4405. Prohibited acts
    ``(a) Exercise of Rights.--It shall be unlawful for any employer to 
interfere with, restrain, or deny the exercise of or the attempt to 
exercise, any right provided under this chapter.
    ``(b) Discrimination.--It shall be unlawful for any employer to 
discharge or in any other manner discriminate against any individual 
for opposing any practice made unlawful by this chapter.
``Sec. 4406. Enforcement
    ``The provisions of subchapter III of chapter 43 of this title 
shall apply with respect to the provisions of this chapter as if such 
provisions were incorporated into and made part of this chapter.
``Sec. 4407. Miscellaneous provisions
    ``The provisions of subchapter IV of chapter 43 of this title shall 
apply with respect to the provisions of this chapter as if such 
provisions were incorporated into and made part of this chapter.''.
    (b) Clerical Amendments.--The table of chapters at the beginning of 
title 38, United States Code, and at the beginning of part III of such 
title, are each amended by inserting after the item relating to chapter 
43 the following new item:

``44. Annual Leave for Family of Deployed Members of the       4401.''.
                            Uniformed Services.
                                 <all>