[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1543 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1543
To amend the Family and Medical Leave Act of 1993 and title 5, United
States Code, to provide leave for family members of members of regular
components of the Armed Forces, and leave to care for covered veterans,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2009
Mr. Dodd (for himself, Mr. Kennedy, Mrs. Murray, and Mr. Lieberman)
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 and title 5, United
States Code, to provide leave for family members of members of regular
components of the Armed Forces, and leave to care for covered veterans,
and for other purposes.
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 ``Supporting Military Families Act of
2009''.
TITLE I--GENERAL REQUIREMENTS FOR LEAVE
SEC. 101. DEFINITION OF COVERED ACTIVE DUTY.
(a) Definition.--Section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Covered active duty.--The term `covered active duty'
means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country 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.''; and
(2) by striking paragraph (15) and redesignating paragraphs
(16) through (19) as paragraphs (15) through (18),
respectively.
(b) Leave.--Section 102 of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)(E)--
(A) by striking ``active duty'' each place it
appears and inserting ``covered active duty''; and
(B) by striking ``in support of a contingency
operation''; and
(2) in subsection (e)(3)--
(A) in the paragraph heading, by striking ``active
duty'' and inserting ``covered active duty'';
(B) by striking ``active duty'' each place it
appears and inserting ``covered active duty''; and
(C) by striking ``in support of a contingency
operation''.
(c) Conforming Amendment.--Section 103(f) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in the subsection
heading, by striking ``Active Duty'' each place it appears and
inserting ``Covered Active Duty''.
SEC. 102. DEFINITION OF COVERED SERVICEMEMBER.
Paragraph (15) of section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611) (as redesignated by section 101 of this Act)
is amended to read as follows:
``(15) Covered servicemember.--The term `covered
servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical
treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy.''.
SEC. 103. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.
Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611) is further amended by striking paragraph (18) (as redesignated by
section 101 of this Act) and inserting the following:
``(18) Serious injury or illness.--The term `serious injury
or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period
described in paragraph (15)(B), means an injury or
illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was
aggravated by service in line of duty on active duty in
the Armed Forces) and that manifested itself before or
after the member became a veteran.
``(19) Veteran.--The term `veteran' has the meaning given
the term in section 101 of title 38, United States Code.''.
SEC. 104. TECHNICAL AMENDMENT.
Section 102(e)(2)(A) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(e)(2)(A)) is amended by striking ``or parent'' and
inserting ``parent, or next of kin''.
SEC. 105. REGULATIONS.
The Secretary of Labor, after consultation with the Secretary of
Defense and Secretary of Veterans Affairs, shall prescribe such
regulations as are necessary to carry out the amendments made by this
title.
TITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES
SEC. 201. EXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED ACTIVE DUTY.
(a) Definition.--Section 6381(7) of title 5, United States Code, is
amended to read as follows:
``(7) the term `covered active duty' means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country 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;''.
(b) Leave.--Section 6382 of title 5, United States Code, is
amended--
(1) in subsection (a)(1), by adding at the end the
following:
``(E) Because of any qualifying exigency arising out of the
fact that the spouse, or a son, daughter, or parent of the
employee is on covered active duty (or has been notified of an
impending call or order to covered active duty) in the Armed
Forces.'';
(2) in subsection (b)(1), by inserting after the second
sentence the following: ``Subject to subsection (e)(3) and
section 6383(f), leave under subsection (a)(1)(E) may be taken
intermittently or on a reduced leave schedule.'';
(3) in subsection (d), by striking ``or (D)'' and inserting
``(D), or (E)''; and
(4) in subsection (e), by adding at the end the following:
``(3) In any case in which the necessity for leave under subsection
(a)(1)(E) is foreseeable, whether because the spouse, or a son,
daughter, or parent, of the employee is on covered active duty, or
because of notification of an impending call or order to covered active
duty, the employee shall provide such notice to the employer as is
reasonable and practicable.''.
(c) Certification.--Section 6383(f) of title 5, United States Code,
is amended by striking ``section 6382(a)(3)'' and inserting ``paragraph
(1)(E) or (3) of section 6382(a)''.
SEC. 202. DEFINITION OF COVERED SERVICEMEMBER.
Paragraph (8) of section 6381 of title 5, United States Code, is
amended to read as follows:
``(8) the term `covered servicemember' means--
``(A) a member of the Armed Forces (including a
member of the National Guard or Reserves) who is
undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious
injury or illness; or
``(B) a veteran who is undergoing medical
treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) at any time during the period of 5 years
preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy;''.
SEC. 203. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.
Section 6381 of title 5, United States Code, is further amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) by striking paragraph (11) and inserting the following:
``(11) the term `serious injury or illness'--
``(A) in the case of a member of the Armed Forces
(including a member of the National Guard or Reserves),
means an injury or illness that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed before the beginning of the member's
active duty and was aggravated by service in line of
duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating; and
``(B) in the case of a veteran who was a member of
the Armed Forces (including a member of the National
Guard or Reserves) at any time during a period
described in paragraph (8)(B), means an injury or
illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was
aggravated by service in line of duty on active duty in
the Armed Forces) and that manifested itself before or
after the member became a veteran; and
``(12) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.''.
SEC. 204. TECHNICAL AMENDMENT.
Section 6382(e)(2)(A) of title 5, United States Code, is amended by
striking ``or parent'' and inserting ``parent, or next of kin''.
SEC. 205. REGULATIONS.
The Office of Personnel Management, after consultation with the
Secretary of Defense and Secretary of Veterans Affairs, shall prescribe
such regulations as are necessary to carry out the amendments made by
this title.
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