[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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