[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[Senate]
[Pages 21286-21287]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2528. Mr. DODD (for himself and Mr. Nelson of Nebraska) submitted 
an amendment intended to be proposed by him to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle F of title VI, add the following:

     SEC. 683. FAMILY LEAVE FOR CAREGIVERS OF MEMBERS OF THE ARMED 
                   FORCES.

       (a) Servicemember Family Leave.--
       (1) 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.''.
       (2) 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).''.
       (3) Requirements relating to leave.--
       (A) Schedule.--Section 102(b) of such Act (29 U.S.C. 
     2612(b)) is amended--
       (i) 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
       (ii) in paragraph (2), by inserting ``or subsection 
     (a)(3)'' after ``subsection (a)(1)''.
       (B) Substitution of paid leave.--Section 102(d) of such Act 
     (29 U.S.C. 2612(d)) is amended--
       (i) 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

       (ii) in paragraph (2)(B), by adding at the end the 
     following: ``An eligible employee 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.''.
       (C) 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.''.
       (D) 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.''.
       (E) Failure to return.--Section 104(c) of such Act (29 
     U.S.C. 2614(c)) is amended--
       (i) in paragraph (2)(B)(i), by inserting ``or section 
     102(a)(3)'' before the semicolon; and
       (ii) 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).''.
       (F) 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''.
       (G) 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)''.
       (b) Servicemember Family Leave for Civil Service 
     Employees.--
       (1) Definitions.--Section 6381 of title 5, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) 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.''.
       (2) 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).''.
       (3) Requirements relating to leave.--
       (A) Schedule.--Section 6382(b) of such title is amended--
       (i) 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
       (ii) in paragraph (2), by inserting ``or subsection 
     (a)(3)'' after ``subsection (a)(1)''.
       (B) Substitution of paid leave.--Section 6382(d) of such 
     title is amended by adding at the end the following: ``An 
     employee may

[[Page 21287]]

     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.''.
       (C) 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.''.
       (D) 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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