Leave requirement
Title I — Amendments to Family and Medical Leave Act of 1993
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(a) In General Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended— (1) in paragraph (1)(E), by inserting or domestic partner after spouse; (2) by amending paragraph (3) to read as follows: (3) Servicemember family leave Notwithstanding paragraph (1) and subject to section 103, an eligible employee who is the spouse or domestic partner, 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.; (3) by amending paragraph (4) to read as follows: (4) Combined leave total Subject to subsection (d)(3), an eligible employee shall be entitled to not more than a combined total of 26 workweeks of leave under paragraphs (1), (3), and (6) during any 12-month period.; and (4) by adding at the end the following: (6) Veteran leave Notwithstanding paragraph (1) and subject to section 103, an eligible employee who is a covered servicemember described in section 101(15)(B) 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.. (b) Leave Taken Intermittently or on a Reduced Leave Schedule (1) In general Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by striking subsection (a)(3) and inserting paragraph (3) or (6) of subsection (a). (2) Alternative position Section 102(b)(2) of such Act (29 U.S.C. 2612(b)(2)) is amended by striking subsection (a)(3) and inserting paragraph (3) or (6) of subsection (a). (c) Relationship to paid leave Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended— (1) in paragraph (1) by striking under subsection (a)(3)) and inserting under paragraph (3) or (6) of subsection (a)); and (2) in paragraph (2)(B), by striking subsection (a)(3) and inserting paragraph (3) or (6) of subsection (a). (d) Notice Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: (4) Notice for veteran leave In any case in which the necessity for leave under subsection (a)(6) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.. (e) Certification Section 103(a) of such Act (29 U.S.C. 2613(a)) is amended by inserting or (6) after paragraph (3). (f) Maintenance of health benefits Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended— (1) in paragraph (2)(B)(i)— (A) by inserting or a serious injury or illness, as the case may be, after serious health condition; and (B) by striking section 102(a)(3) and inserting paragraph (3) or (6) of section 102(a); and (2) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (ii), by striking or; (ii) in clause (iii), by striking the period at the end and inserting; or; and (iii) by adding at the end the following: (iv) a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a serious injury or illness specified in section 102(a)(6).; and (B) in subparagraph (C), by adding at the end the following: (iii) Leave due to a serious injury or illness of employee The certification described in subparagraph (A)(iv) shall be sufficient if the certification states that a serious injury or illness prevented the employee from being able to perform the functions of the position of the employee on the date that the leave of the employee expired. (iv) Leave due to a serious injury or illness of a family member who is a servicemember The certification described in subparagraph (A)(i) shall be sufficient if the certification states that the employee is needed to care for covered servicemember on the date that the leave of the employee expired.. (g) Enforcement Section 107(a)(1)(A)(i)(II) of such Act (29 U.S.C. 2617(a)(1)(A)(i)(II)) is amended by striking section 102(a)(3) and inserting paragraph (3) or (6) of section 102(a).