[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6188 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6188
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, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2012
Mr. Carnahan (for himself, Mr. Honda, Mr. Rangel, Ms. Woolsey, Mr.
Kissell, Mr. Filner, Ms. Norton, and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
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, 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 ``Military Family Leave Act of 2012''.
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.
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