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 com-
mittee 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 oper-
ation or who is notified of an impending call or order 
to active duty in support of a contingency operation, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Families 
Leave Act of 2004’’. 
SEC. 2. LEAVE FOR MILITARY FAMILIES UNDER THE FAM-
ILY AND MEDICAL LEAVE ACT OF 1993. 
(a) 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: 
‘‘(E) Because of any qualifying exigency 
(as the Secretary may by regulation determine) 
arising out of the fact that the spouse, or a son, 
daughter, or parent of the employee is on active 
duty (or has been notified of an impending call 
or order to active duty) in the Armed Forces in 
support of a contingency operation.’’. 
(b) INTERMITTENT
OR REDUCED LEAVE SCHED-
ULE.—Section 102(b)(1) of such Act (29 U.S.C. 
2612(b)(1)) is amended by inserting after the second sen-
tence the following new sentence: ‘‘Subject to subsection 
(e)(3) and section 103(f), leave under subsection (a)(1)(E) 
may be taken intermittently or on a reduced leave sched-
ule.’’. 
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section 
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 
amended by striking ‘‘or (C)’’ and inserting ‘‘(C), or (E)’’.
(d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 
2612(e)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY 
OF FAMILY MEMBER.—In any case in which the ne-
cessity for leave under subsection (a)(1)(E) is fore-
seeable based on notification of an impending call or 
order to active duty in support of a contingency op-
eration, the employee shall provide such notice to the 
employer as is reasonable and practicable.’’. 
(e) CERTIFICATION.—Section 103 of such Act (29 
U.S.C. 2613) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) CERTIFICATION FOR LEAVE DUE TO ACTIVE 
DUTY OF FAMILY MEMBER.—An employer may require 
that a request for leave under section 102(a)(1)(E) be 
supported by a certification issued at such time and in 
such manner as the Secretary may by regulation prescribe. 
If the Secretary issues a regulation requiring such certifi-
cation, the employee shall provide, in a timely manner, a 
copy of such certification to the employer.’’. 
(f) DEFINITION.—Section 101 of such Act (29 
U.S.C. 2611) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(14) CONTINGENCY
OPERATION.—The term 
‘contingency operation’ has the same meaning given 
such term in section 101(a)(13) of title 10, United 
States Code.’’. 
SEC. 3. LEAVE FOR MILITARY FAMILIES UNDER TITLE 5. 
(a) ENTITLEMENT TO LEAVE.—Section 6382(a)(1) 
of title 5, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(E) Because of any qualifying exigency (as de-
fined under section 6387) arising out of the fact 
that the spouse, or a son, daughter, or parent, of the 
employee is on active duty (or has been notified of 
an impending call or order to active duty) in the 
Armed Forces in support of a contingency oper-
ation.’’. 
(b) INTERMITTENT
OR REDUCED LEAVE SCHED-
ULE.—Section 6382(b)(1) of such title is amended by in-
serting after the second sentence the following new sen-
tence: ‘‘Subject to subsection (e)(3) and section 6383(f), 
leave under subsection (a)(1)(E) may be taken intermit-
tently or on a reduced leave schedule.’’. 
(c) 
SUBSTITUTION
OF
PAID
LEAVE.—Section 
6382(d) of such title is amended by striking ‘‘or (D)’’ and 
inserting ‘‘(D), or (E)’’.