I 

108TH CONGRESS 

2D SESSION H. R. 5199

To amend the Family and Medical Leave Act of 1993 and title 5, United 

States Code, to provide entitlement to leave to eligible employees whose 

spouse, son, daughter, or parent is a member of the Armed Forces 

who is serving on active duty in support of a contingency operation 

or who is notified of an impending call or order to active duty in 

support of a contingency operation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2004

Mr. UDALL of New Mexico introduced the following bill; which was referred 

to the Committee on Education and the Workforce, and in addition to 

the Committees on 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 and 

title 5, United States Code, to provide entitlement to 

leave to eligible employees whose spouse, son, daughter, 

or parent is a member of the Armed Forces who is 

serving on active duty in support of a contingency operation or who is notified of an impending call or order 

to active duty in support of a contingency operation, 

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 ‘‘Military Families 

3 Leave Act of 2004’’. 

4 SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAM5 ILY AND MEDICAL LEAVE ACT OF 1993. 

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

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

8 2612(a)(1)) is amended by adding at the end the following 

9 new subparagraph: 

10 ‘‘(E) Because of any qualifying exigency 

11 (as the Secretary may by regulation determine) 

12 arising out of the fact that the spouse, or a son, 

13 daughter, or parent of the employee is on active 

14 duty (or has been notified of an impending call 

15 or order to active duty) in the Armed Forces in 

16 support of a contingency operation.’’. 

17 (b) INTERMITTENT OR REDUCED LEAVE SCHED18 ULE.—Section 102(b)(1) of such Act (29 U.S.C. 

19 2612(b)(1)) is amended by inserting after the second sen20 tence the following new sentence: ‘‘Subject to subsection 

21 (e)(3) and section 103(f), leave under subsection (a)(1)(E) 

22 may be taken intermittently or on a reduced leave sched23 ule.’’. 

24 (c) SUBSTITUTION OF PAID LEAVE.—Section 

25 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 

26 amended by striking ‘‘or (C)’’ and inserting ‘‘(C), or (E)’’. 
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1 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

2 2612(e)) is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY

5 OF FAMILY MEMBER.—In any case in which the ne6 cessity for leave under subsection (a)(1)(E) is fore7 seeable based on notification of an impending call or 

8 order to active duty in support of a contingency op9 eration, the employee shall provide such notice to the 

10 employer as is reasonable and practicable.’’. 

11 (e) CERTIFICATION.—Section 103 of such Act (29 

12 U.S.C. 2613) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(f) CERTIFICATION FOR LEAVE DUE TO ACTIVE

15 DUTY OF FAMILY MEMBER.—An employer may require 

16 that a request for leave under section 102(a)(1)(E) be 

17 supported by a certification issued at such time and in 

18 such manner as the Secretary may by regulation prescribe. 

19 If the Secretary issues a regulation requiring such certifi20 cation, the employee shall provide, in a timely manner, a 

21 copy of such certification to the employer.’’. 

22 (f) DEFINITION.—Section 101 of such Act (29 

23 U.S.C. 2611) is amended by adding at the end the fol24 lowing new paragraph: 
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1 ‘‘(14) CONTINGENCY OPERATION.—The term 

2 ‘contingency operation’ has the same meaning given 

3 such term in section 101(a)(13) of title 10, United 

4 States Code.’’. 

5 SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5. 

6 (a) ENTITLEMENT TO LEAVE.—Section 6382(a)(1) 

7 of title 5, United States Code, is amended by adding at 

8 the end the following new subparagraph: 

9 ‘‘(E) Because of any qualifying exigency (as de10 fined under section 6387) arising out of the fact 

11 that the spouse, or a son, daughter, or parent, of the 

12 employee is on active duty (or has been notified of 

13 an impending call or order to active duty) in the 

14 Armed Forces in support of a contingency oper15 ation.’’. 

16 (b) INTERMITTENT OR REDUCED LEAVE SCHED17 ULE.—Section 6382(b)(1) of such title is amended by in18 serting after the second sentence the following new sen19 tence: ‘‘Subject to subsection (e)(3) and section 6383(f), 

20 leave under subsection (a)(1)(E) may be taken intermit21 tently or on a reduced leave schedule.’’. 

22 (c) SUBSTITUTION OF PAID LEAVE.—Section 

23 6382(d) of such title is amended by striking ‘‘or (D)’’ and 

24 inserting ‘‘(D), or (E)’’. 
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1 (d) NOTICE.—Section 6382(e) of such title is amend2 ed by adding at the end the following new paragraph: 

3 ‘‘(3) In any case in which the necessity for 

4 leave under subsection (a)(1)(E) is foreseeable based 

5 on notification of an impending call or order to ac6 tive duty in support of a contingency operation, the 

7 employee shall provide such notice to the employing 

8 agency as is reasonable and practicable.’’. 

9 (e) CERTIFICATION.—Section 6383 of such title is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) An employing agency may require that a request 

13 for leave under section 6382(a)(1)(E) be supported by a 

14 certification issued at such time and in such manner as 

15 the employing agency may require.’’. 

16 (f) DEFINITION.—Section 6381 of such title is 

17 amended—

18 (1) in paragraph (5)(B), by striking ‘‘and’’ at 

19 the end; 

20 (2) in paragraph (6)(B), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 
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1 ‘‘(6) the term ‘contingency operation’ has the 

2 same meaning given such term in section 101(a)(13) 

3 of title 10.’’.

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