To provide for a Federal employees program to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Family Support Act of 
2008''.

SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF LEAVE BY CAREGIVERS FOR 
              FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY 
              SERVICE.

    (a) Federal Employees Program.--
            (1) Definitions.--In this subsection:
                    (A) Caregiver.--The term ``caregiver'' means an 
                individual who--
                            (i) is an employee;
                            (ii) is at least 18 years of age; and
                            (iii) is capable of self care and care of 
                        children or other dependent family members of a 
                        qualified member of the Armed Forces.
                    (B) Covered period of service.--The term ``covered 
                period of service'' means any period of service 
                performed by an employee as a caregiver--
                            (i) while the individual who designated the 
                        caregiver under paragraph (3)(A) remains a 
                        qualified member of the Armed Forces; or
                            (ii) after being designated as the 
                        caregiver under paragraph (3)(B) and while the 
                        applicable qualified member of the Armed Forces 
                        remains a qualified member of the Armed Forces.
                    (C) Employee.--Except as provided under paragraph 
                (5), the term ``employee'' has the meaning given under 
                section 6331 of title 5, United States Code.
                    (D) Family member.--The term ``family member'' 
                includes--
                            (i) individuals for whom the qualified 
                        member of the Armed Forces provides medical, 
                        financial, and logistical support (such as 
                        housing, food, clothing, or transportation); 
                        and
                            (ii) children under the age of 19 years, 
                        elderly adults, persons with disabilities, and 
                        other persons who are unable to care for 
                        themselves in the absence of the qualified 
                        member of the Armed Forces.
                    (E) Qualified member of the armed forces.--The term 
                ``qualified member of the Armed Forces''--
                            (i) means--
                                    (I) a member of a reserve component 
                                of the Armed Forces as described under 
                                section 10101 of title 10, United 
                                States Code, who has received notice to 
                                report to, or is serving on, active 
                                duty in the Armed Forces in support of 
                                a contingency operation as defined 
                                under section 101(a)(13) of title 10, 
                                United States Code; or
                                    (II) a member of the Armed Forces 
                                on active duty who is eligible for 
                                hostile fire or imminent danger special 
                                pay under section 310 of title 37, 
                                United States Code; and
                            (ii) includes a member described under 
                        clause (i) who is medically discharged or 
                        retires from the Armed Forces, but only for the 
                        36 month period beginning on the date of that 
                        medical discharge or retirement.
            (2) Establishment of program.--The Office of Personnel 
        Management shall establish a program that--
                    (A) authorizes a caregiver to--
                            (i) use any sick leave of that caregiver 
                        during a covered period of service; and
                            (ii) use any leave available to that 
                        caregiver under subchapter III or IV of chapter 
                        63 of title 5, United States Code, during a 
                        covered period of service as though that 
                        covered period of service is a medical 
                        emergency;
                    (B) provides a process under which a caregiver 
                provides the employing agency reasonable notice of the 
                need for leave under this section, similar to the 
                process under which notice is provided to the employing 
                agency under subchapter V of chapter 63 of title 5, 
                United States Code; and
                    (C) protects employees from discrimination or 
                retaliation for the use of the leave under this section 
                and provides employees with the opportunity to appeal a 
                denial of the use of leave under this section.
            (3) Designation of caregiver.--
                    (A) In general.--A qualified member of the Armed 
                Forces shall submit a written designation of the 
                individual who is the caregiver for any family member 
                of that member of the Armed Forces during a covered 
                period of service to the employing agency and the 
                Office of Personnel Management.
                    (B) Incapacitated members.--If a qualified member 
                of the Armed Forces who did not submit a designation 
                under subparagraph (A) becomes incapacitated and is 
                unable to submit that designation, a designation under 
                subparagraph (A) may be submitted on behalf of that 
                member by another individual in accordance with 
                regulations prescribed by the Office of Personnel 
                Management after consultation with the Department of 
                Defense.
            (4) Use of caregiver leave.--Leave may only be used under 
        this subsection for purposes directly relating to, or resulting 
        from, the designation of an employee as a caregiver.
            (5) Prohibition of coercion.--
                    (A) Definition.--In this section:
                            (i) Employee.--The term ``employee'' has 
                        the meaning given under section 2105 of title 
                        5, United States Code.
                            (ii) Intimidate, threaten, or coerce.--The 
                        term ``intimidate, threaten, or coerce'' 
                        includes promising to confer or conferring any 
                        benefit (such as appointment, promotion, or 
                        compensation), or taking or threatening to take 
                        any reprisal (such as deprivation of 
                        appointment, promotion, or compensation).
                    (B) Prohibition.--An employee shall not directly or 
                indirectly intimidate, threaten, or coerce, or attempt 
                to intimidate, threaten, or coerce, any other employee 
                for the purpose of interfering with the exercise of any 
                rights which such other employee may have under this 
                Act.
            (6) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Office of Personnel Management shall 
        prescribe regulations to carry out this subsection.
            (7) Termination.--The program under this subsection shall 
        terminate on December 31, 2012.
    (b) GAO Report.--Not later than June 30, 2010, the Government 
Accountability Office shall submit a report to Congress on the program 
under subsections (a) that includes--
            (1) an evaluation of the success of the program;
            (2) recommendations for the continuance or termination of 
        the program; and
            (3) a recommendation for the program or an expansion of the 
        Family and Medical Leave Act of 1993.
    (c) Offset.--The aggregate amount authorized to be appropriated for 
fiscal year 2008 for the use of the Department of Defense for research, 
development, test and evaluation shall be reduced by $2,000,000.

Summary: Military Family Support Act of 2008 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver to use: (1) any available sick leave for the provision of such care in the same manner as annual leave is used. And (2) any federal leave available to that caregiver as though that period of caregiving is a medical emergency. Requires the program to: (1) provide a process for reasonable notice of the need for leave. And (2) protect employees from discrimination or retaliation for the use of leave under this Act and provide the opportunity to appeal a denial of its use. Requires the service member for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized and to designate the caregiver for his or her family. Terminates the program on December 31, 2012. Provides for an offsetting reduction in FY2008 appropriations for the Department of Defense for research, development, test and evaluation.