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H.R. 3296IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 201 · H.R. 3296

Employees covered by title 5, United States Code

Title II — Federal Civilian Employees

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(a) Definitions Section 6381 of title 5, United States Code, is amended— (1) in paragraph (3), by striking employee each place it appears and inserting employee or covered servicemember; (2) by striking paragraphs (6) and (7) and inserting the following: (6) the term son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis— (A) who is— (i) under 18 years of age; or (ii) 18 years of age or older and incapable of self-care because of a mental or physical disability; or (B) for the purposes of leave under section 6382(a)(1)(e) or section 6382(a)(3)(A), includes (regardless of age) any child, stepchild, legal ward, or child of a person standing in loco parentis; (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— (i) duty during the deployment of the member with the Armed Forces under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10; (ii) duty pursuant to title 32; or (iii) State active duty (defined for purposes of this clause as having the meaning of such term in section 4303(15) of title 38) for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), or State active duty in response to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170);; (3) in paragraph (8)(B), by striking and who was through therapy; and inserting a semicolon; (4) in paragraph (11)— (A) by striking and at the end of subparagraph (A); (B) in subparagraph (B)— (i) by striking at any time during a period described in paragraph (8)(B); and (ii) by striking and at the end; and (C) by inserting after subparagraph (B) the following: (C) in the case of either a member of the Armed Forces (including a member of the National Guard or Reserves), or a veteran who was such a member, a serious health condition 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);; (5) in paragraph (12), by striking the period at the end and inserting; and; and (6) by adding at the end the following: (13) the term spouse, used with respect to an employee for leave under section 6382(a)(1)(E), includes a domestic partner (defined as an adult in a committed relationship with another adult, including same-sex and opposite-sex relationships).. (b) Servicemember care and veteran leave Section 6382 of title 5, United States Code, is amended— (1) by striking subsection (a)(3) and inserting the following: (3) (A) Subject to section 6383, an employee who is the spouse, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual whose close association is the equivalent of a family relationship with a covered servicemember, shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. (B) Subject to section 6383, an employee who is a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period because of a serious injury or illness that makes the employee unable to perform the functions of the position of such employee. (C) For the purposes of subparagraph (A), the following definitions apply: (i) Any other individual whose close association is the equivalent of a family relationship The term any other individual whose close association is the equivalent of a family relationship, used with respect to a covered servicemember, means any person with whom the covered servicemember has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. (ii) Grandchild The term grandchild, used with respect to a covered servicemember, means the son or daughter of the covered servicemember. (iii) Grandparent The term grandparent, used with respect to a covered servicemember, means a parent of a parent of the covered servicemember. (iv) Nephew; niece The terms nephew and niece, used with respect to a covered servicemember, mean a son or daughter of the sibling of the covered servicemember. (v) Parent-in-law The term parent-in-law, used with respect to a covered servicemember, means a parent of the spouse or domestic partner of the covered servicemember. (vi) Sibling The term sibling, used with respect to a covered servicemember, means any person who is a son or daughter of parent of the covered servicemember (other than the covered servicemember). (vii) Son-in-law; daughter-in-law The terms son-in-law and daughter-in-law, used with respect to a covered servicemember, mean any person who is a spouse or domestic partner of a son or daughter, as the case may be, of the covered servicemember. (viii) Uncle; aunt The terms uncle and aunt, used with respect to a covered servicemember, mean the son or daughter, as the case may be, of the grandparent of the covered servicemember (other than the parent of the covered servicemember).. (2) in subsection (e), by adding at the end the following: (4) In any case in which the necessity for leave under subsection (a)(3)(B) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.. (c) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (a), by striking subparagraph (C) or (D) of section 6382(a)(1) and inserting subparagraph (C) or (D) of paragraph (1) of section 6382(a) or subparagraph (A) or (B) of paragraph (3) of such section; and (2) in subsection (b)— (A) in paragraph (1), by inserting or serious injury or illness, as the case may be, after serious health condition; and (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking section 6382(a)(1)(C) and inserting paragraph (1)(C) or paragraph (3)(A) of section 6382(a); and (II) by inserting covered servicemember, before son in each place it appears; and (ii) in subparagraph (B), by striking section 6382(a)(1)(D) and inserting paragraph (1)(D) or paragraph (3)(B) of section 6382(a).

Sec. 201: Employees covered by title 5, United States Code · Public Law Tracker