[Congressional Record Volume 153, Number 121 (Thursday, July 26, 2007)]
[Senate]
[Pages S10190-S10191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Mr. Dodd (for himself, Mr. Nelson of Nebraska, 
        Mr. Kennedy, Mr. Reed, and Mr. Lieberman)):
  S. 1894. A bill to amend the Family and Medical Leave Act of 1993 to 
provide family and medical leave to primary caregivers of 
servicemembers with combat-related injuries; to the Committee on 
Health, Education, Labor, and Pensions.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. DODD. Mr. President, I rise today to introduce the Support 
for Injured Servicemembers Act of 2007. This bill will implement one of 
the key recommendations of the President's Commission on Care for 
America's Returning Wounded Warriors. First of all, I commend former 
Senator Bob Dole, former Secretary of Health and Human Services Donna 
Shalala, and the distinguished members of the Commission for their 
thoughtfulness and thorough work on this critically important matter.
  More than 20 years ago, I began the effort to bring job protection to 
hard-working Americans so they wouldn't have to choose between the 
family they love and the job they need. This effort, after more than 
seven years, three presidents, and two vetoes, eventually led to the 
enactment of the Family Medical Leave Act, FMLA, which provides 12 
weeks of unpaid leave for eligible employees to care for a newborn or 
adopted child, their own serious illness or that of a loved one. Since 
its passage, I have worked to expand this act to cover more workers and 
to provide for wage replacement, so that more employees can afford to 
take leave when necessary.
  Mr. President, it is essential that we do everything possible to 
support our troops and to allow their loved ones to be with them as 
they recover from a combat-related injury or illness. That is why we 
must expand and improve leave benefits to those caring for our injured 
or ill servicemembers. The bill I introduce today provides up to 6 
months of FMLA leave for primary caregivers of servicemembers who 
suffer from a combat-related injury or illness. FMLA currently provides 
for 3 months of unpaid leave to a spouse, parent or child acting as a 
caregiver for a person with a serious illness. However, some of those 
injured in service to our country rely on other family members or 
friends to care for them as they recover. This legislation allows these 
other primary caregivers, such as siblings, cousins, friends or 
significant others to take leave from their employment when our 
returning heroes need them most.
  Our troops are giving their all on the battlefield. The very least 
our Government owes them is its total support for their family and 
medical needs. While FMLA has provided critical support to more than 50 
million American families, I will not rest until we are able to 
modernize this statute to cover our wounded warriors. Plain and simple, 
the loved ones of these brave men and women should be allowed to care 
for them without the fear of losing their job.
  I am pleased that I am joined today by Senators Ben Nelson, Kennedy, 
Reed and Lieberman in introducing the Support for Injured 
Servicemembers Act of 2007 and ask for the support of all my colleagues 
for this critically important effort to care for our returning wounded 
warriors and their loved ones.
  I ask unanimous consent that the text of the bill be printed in the 
Record. 
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1894

       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 of 2007''.

     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) Combat-related injury.--The term `combat-related 
     injury' means an injury or illness that was incurred (as 
     determined under criteria prescribed by the Secretary of 
     Defense)--
       ``(A) as a direct result of armed conflict;
       ``(B) while an individual was engaged in hazardous service;
       ``(C) in the performance of duty under conditions 
     simulating war; or
       ``(D) through an instrumentality of war.
       ``(15) Servicemember.--The term `servicemember' means a 
     member of the Armed Forces.''.
       (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 primary caregiver for a 
     servicemember with a combat-related injury shall be entitled 
     to a total of 26 workweeks of leave during any 12-month 
     period to care for the servicemember.
       ``(4) Combined leave total.--An eligible employee shall be 
     entitled to a combined total of 26 workweeks of leave under 
     paragraphs (1) and (3).''.
       (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), by inserting after the second 
     sentence the following: ``Subject to paragraph (2), leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule''; and
       (B) in paragraph (2), by inserting ``or 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

[[Page S10191]]

     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) of such Act (29 U.S.C. 2612(e)) 
     is amended by adding at the end the following:
       ``(3) Notice for servicemember family leave.--In any case 
     in which an employee seeks leave under subsection (a)(3), the 
     employee shall provide such notice as is practicable.''.
       (4) 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.''.
       (5) Failure to return.--Section 104(c) of such Act (29 
     U.S.C. 2614(c)) is amended--
       (A) in paragraph (2)(B)(i), by inserting ``or section 
     102(a)(3)'' before the semicolon; and
       (B) in paragraph (3)(A)--
       (i) in clause (i), by striking ``or'' at the end;
       (ii) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (iii) by adding at the end the following:
       ``(iii) a certification issued by the health care provider 
     of the person for whom the employee is the primary caregiver, 
     in the case of an employee unable to return to work because 
     of a condition specified in section 102(a)(3).''.
       (6) 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''.
       (7) 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 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 `combat-related injury' means an injury or 
     illness that was incurred (as determined under criteria 
     prescribed by the Secretary of Defense)--
       ``(A) as a direct result of armed conflict;
       ``(B) while an individual was engaged in hazardous service;
       ``(C) in the performance of duty under conditions 
     simulating war; or
       ``(D) through an instrumentality of war; and
       ``(8) the term `servicemember' means a member of the Armed 
     Forces.''.
       (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 
     primary caregiver for a servicemember with a combat-related 
     injury shall be entitled to a total of 26 administrative 
     workweeks of leave during any 12-month period to care for the 
     servicemember.
       ``(4) An employee shall be entitled to a combined total of 
     26 administrative workweeks of leave under paragraphs (1) and 
     (3).''.
       (c) Requirements Relating to Leave.--
       (1) Schedule.--Section 6382(b) of such title is amended--
       (A) in paragraph (1), by inserting after the second 
     sentence the following: ``Subject to paragraph (2), leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''; and
       (B) in paragraph (2), by inserting ``or 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 
     adding at the end the following:
       ``(3) In any case in which an employee seeks leave under 
     subsection (a)(3), the employee shall provide such notice as 
     is practicable.''.
       (4) 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.''.

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