I 

114TH CONGRESS 

2D SESSION H. R. 5165 

To amend the Family and Medical Leave Act of 1993 to provide a partial 

exemption to veterans from the eligibility requirements, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2016 

Mr. DELANEY (for himself, Ms. BORDALLO, Ms. CLARKE of New York, Mr. 

CONNOLLY, Mr. CONYERS, Mr. DEFAZIO, Mr. DESAULNIER, Ms. 

EDWARDS, Mr. GARAMENDI, Mr. GIBSON, Mr. GRAYSON, Mr. GRIJALVA, 

Mr. HASTINGS, Mr. HONDA, Mr. JONES, Mr. KEATING, Mr. LARSON of 

Connecticut, Mrs. LAWRENCE, Ms. LEE, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. MOORE, Mrs. NAPOLITANO, Ms. NORTON, Mr. O’ROURKE, Mr. 

PETERSON, Ms. PINGREE, Mr. POCAN, Mr. RANGEL, Mr. RUSH, Ms. 

SINEMA, Mr. TAKAI, and Mr. VAN HOLLEN) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committees on Oversight and Government Reform 

and House Administration, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Family and Medical Leave Act of 1993 to 

provide a partial exemption to veterans from the eligibility requirements, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Medical Leave for Dis3 abled Veterans Act’’. 

4 SEC. 2. ELIGIBILITY ADJUSTMENT FOR VETERANS. 

5 (a) ELIGIBILITY BASED ON TIME IN EMPLOY6 MENT.—Section 101(2) of the Family and Medical Leave 

7 Act of 1993 (29 U.S.C. 2611(2)) is amended by adding 

8 at the end the following: 

9 ‘‘(E) VETERANS.— 

10 ‘‘(i) ELIGIBILITY BASED ON TIME IN

11 EMPLOYMENT.—Notwithstanding the eligi12 bility requirements in paragraph (2)(A), an 

13 employee who is a veteran shall be deemed 

14 an eligible employee for purposes of leave 

15 described in clause (iii) if— 

16 ‘‘(I) such employee has a service17 connected disability (as defined in sec18 tion 101 of title 38, United States 

19 Code) rated at between 30 and 50 

20 percent by the Secretary of Veterans 

21 Affairs and such employee has been 

22 employed for at least 8 months by the 

23 employer with respect to whom leave 

24 is requested under section 102 and 

25 has at least 833 hours of service with 


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1 such employer during the previous 8- 

2 month period; 

3 ‘‘(II) such employee has a serv4 ice-connected disability rated at 60 

5 percent or higher by the Secretary of 

6 Veterans Affairs and such employee 

7 has been employed for at least 6 

8 months by the employer with respect 

9 to whom leave is requested under sec10 tion 102 and has at least 625 hours 

11 of service with such employer during 

12 the previous 6-month period; or 

13 ‘‘(III) such employee— 

14 ‘‘(aa) is not covered under 

15 subclause (I) or (II); 

16 ‘‘(bb) retired from the 

17 Armed Forces under chapter 61 

18 of title 10, United States Code, 

19 by reason of a service-connected 

20 disability either— 

21 ‘‘(AA) rated at between 

22 30 and 50 percent under the 

23 standard schedule of rating 

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1 fairs at the time of such re2 tirement; or 

3 ‘‘(BB) rated at 60 per4 cent or higher under such 

5 schedule; and 

6 ‘‘(cc) either— 

7 ‘‘(AA) with respect to 

8 an individual covered under 

9 subitem (AA) of item (bb), 

10 has been employed for at 

11 least 8 months by the em12 ployer with respect to whom 

13 leave is requested under sec14 tion 102 and has at least 

15 833 hours of service with 

16 such employer during the 

17 previous 8-month period; or 

18 ‘‘(BB) with respect to 

19 an individual covered under 

20 subitem (BB) of such item, 

21 has been employed for at 

22 least 6 months by the em23 ployer with respect to whom 

24 leave is requested under sec25 tion 102 and has at least 


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1 625 hours of service with 

2 such employer during the 

3 previous 6-month period. 

4 ‘‘(ii) CERTIFICATION.—To be eligible 

5 for the eligibility adjustment described in 

6 clause (i)— 

7 ‘‘(I) an employee described in 

8 subclause (I) or (II) of such clause 

9 shall submit to the employer a certifi10 cation from a Department of Veterans 

11 Affairs medical provider or from a 

12 non-Department of Veterans Affairs 

13 facility or medical provider through 

14 which the Secretary of Veterans Af15 fairs has furnished hospital care or 

16 medical services to the employee 

17 under the laws administered by the 

18 Secretary; and 

19 ‘‘(II) an employee described in 

20 subclause (III) of such clause shall 

21 submit to the employer a certification 

22 from the Secretary of Defense describ23 ing the retirement of the individual 

24 from the Armed Forces under chapter 

25 61 of title 10, United States Code. 


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1 ‘‘(iii) LEAVE DESCRIBED.—Leave de2 scribed in this clause is leave under section 

3 102(a)(1)(E) that— 

4 ‘‘(I) an employee described in 

5 subclause (I) or (II) of clause (i) 

6 takes to receive hospital care or med7 ical services for which the employee is 

8 eligible to receive pursuant to chapter 

9 17 of title 38, United States Code, re10 gardless of whether such hospital care 

11 or medical services is furnished by the 

12 Department of Veterans Affairs; or 

13 ‘‘(II) an employee described in 

14 subclause (III) of such clause takes to 

15 receive hospital care or medical serv16 ices relating to the service-connected 

17 disability described in item (bb) of 

18 such subclause.’’. 

19 (b) ENTITLEMENT TO LEAVE.—Section 102(a)(1) of 

20 the Family and Medical Leave Act of 1993 (29 U.S.C. 

21 2612(A)(1)) is amended by adding at the end the fol22 lowing new subparagraph: 

23 ‘‘(F) In order to receive hospital care or 

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1 nected disability, as described in section 

2 101(2)(E).’’. 

Æ 


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