Medical Leave for Disabled Veterans Act

Summary: Medical Leave for Disabled Veterans Act This bill amends the Family and Medical Leave Act of 1993 (FMLA) to provide eligibility for specified medical/hospital care for an employee who: (1) has a Department of Veterans Affairs (VA) disability rating of between 30% and 50% and at least 833 hours of service with the employer (from whom leave is requested) during the previous eight-month period, or (2) has a VA disability rating of 60% or higher and at least 625 hours of service with such employer during the previous 6-month period.  Medical/hospital leave shall also be provided to an employee who is not covered by the above provision but who retired from the Armed Forces by reason of a service-connected disability: (1) rated at between 30% and 50% at retirement and who has at least 833 hours of service with such employer during the previous eight-month period, or (2) rated at 60% or higher at retirement and who has at least 625 hours of service with such employer during the previous 6-month period.  (Under current law, employees of an FMLA-covered employer become eligible for medical leave after 12 months on the job and at least 1,250 hours of service with such employer during the previous 12-month period.)  A employee must submit a certification to the employer from the VA or the Department of Defense, as appropriate, to be eligible for such adjustment.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Leave for Disabled Veterans 
Act''.

SEC. 2. ELIGIBILITY ADJUSTMENT FOR VETERANS.

    (a) Eligibility Based on Time in Employment.--Section 101(2) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by 
adding at the end the following:
                    ``(E) Veterans.--
                            ``(i) Eligibility based on time in 
                        employment.--Notwithstanding the eligibility 
                        requirements in paragraph (2)(A), an employee 
                        who is a veteran shall be deemed an eligible 
                        employee for purposes of leave described in 
                        clause (iii) if--
                                    ``(I) such employee has a service-
                                connected disability (as defined in 
                                section 101 of title 38, United States 
                                Code) rated at between 30 and 50 
                                percent by the Secretary of Veterans 
                                Affairs and such employee has been 
                                employed for at least 8 months by the 
                                employer with respect to whom leave is 
                                requested under section 102 and has at 
                                least 833 hours of service with such 
                                employer during the previous 8-month 
                                period;
                                    ``(II) such employee has a service-
                                connected disability rated at 60 
                                percent or higher by the Secretary of 
                                Veterans Affairs and such employee has 
                                been employed for at least 6 months by 
                                the employer with respect to whom leave 
                                is requested under section 102 and has 
                                at least 625 hours of service with such 
                                employer during the previous 6-month 
                                period; or
                                    ``(III) such employee--
                                            ``(aa) is not covered under 
                                        subclause (I) or (II);
                                            ``(bb) retired from the 
                                        Armed Forces under chapter 61 
                                        of title 10, United States 
                                        Code, by reason of a service-
                                        connected disability either--

                                                    ``(AA) rated at 
                                                between 30 and 50 
                                                percent under the 
                                                standard schedule of 
                                                rating disabilities in 
                                                use by the Department 
                                                of Veterans Affairs at 
                                                the time of such 
                                                retirement; or

                                                    ``(BB) rated at 60 
                                                percent or higher under 
                                                such schedule; and

                                            ``(cc) either--

                                                    ``(AA) with respect 
                                                to an individual 
                                                covered under subitem 
                                                (AA) of item (bb), has 
                                                been employed for at 
                                                least 8 months by the 
                                                employer with respect 
                                                to whom leave is 
                                                requested under section 
                                                102 and has at least 
                                                833 hours of service 
                                                with such employer 
                                                during the previous 8-
                                                month period; or

                                                    ``(BB) with respect 
                                                to an individual 
                                                covered under subitem 
                                                (BB) of such item, has 
                                                been employed for at 
                                                least 6 months by the 
                                                employer with respect 
                                                to whom leave is 
                                                requested under section 
                                                102 and has at least 
                                                625 hours of service 
                                                with such employer 
                                                during the previous 6-
                                                month period.

                            ``(ii) Certification.--To be eligible for 
                        the eligibility adjustment described in clause 
                        (i)--
                                    ``(I) an employee described in 
                                subclause (I) or (II) of such clause 
                                shall submit to the employer a 
                                certification from a Department of 
                                Veterans Affairs medical provider or 
                                from a non-Department of Veterans 
                                Affairs facility or medical provider 
                                through which the Secretary of Veterans 
                                Affairs has furnished hospital care or 
                                medical services to the employee under 
                                the laws administered by the Secretary; 
                                and
                                    ``(II) an employee described in 
                                subclause (III) of such clause shall 
                                submit to the employer a certification 
                                from the Secretary of Defense 
                                describing the retirement of the 
                                individual from the Armed Forces under 
                                chapter 61 of title 10, United States 
                                Code.
                            ``(iii) Leave described.--Leave described 
                        in this clause is leave under section 
                        102(a)(1)(E) that--
                                    ``(I) an employee described in 
                                subclause (I) or (II) of clause (i) 
                                takes to receive hospital care or 
                                medical services for which the employee 
                                is eligible to receive pursuant to 
                                chapter 17 of title 38, United States 
                                Code, regardless of whether such 
                                hospital care or medical services is 
                                furnished by the Department of Veterans 
                                Affairs; or
                                    ``(II) an employee described in 
                                subclause (III) of such clause takes to 
                                receive hospital care or medical 
                                services relating to the service-
                                connected disability described in item 
                                (bb) of such subclause.''.
    (b) Entitlement to Leave.--Section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(A)(1)) is amended by adding 
at the end the following new subparagraph:
                    ``(F) In order to receive hospital care or medical 
                services as a veteran for a service-connected 
                disability, as described in section 101(2)(E).''.