SEC. 2. MILITARY FAMILY AND MEDICAL LEAVE. 
(a) DEFINITIONS.—Section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended 
by adding at the end the following: 
‘‘(14) ACTIVE DUTY.—The term ‘active duty’ 
means duty under a call or order to active duty 
under a provision of law referred to in section 
101(a)(13)(B) of title 10, United States Code. 
‘‘(15) COVERED
SERVICEMEMBER.—The term 
‘covered servicemember’ means a member of the 
Armed Forces, including a member of the National 
Guard or a Reserve, who is undergoing medical 
treatment, recuperation, or therapy, or is otherwise 
in medical hold or medical holdover status, for a se-
rious injury or illness. 
‘‘(16) MEDICAL HOLD OR MEDICAL HOLDOVER 
STATUS.—The term ‘medical hold or medical hold-
over status’ means— 
‘‘(A) the status of a member of the Armed 
Forces, including a member of the National 
Guard or a Reserve, assigned or attached to a 
military hospital for medical care; and 
‘‘(B) the status of a member of a reserve 
component of the Armed Forces who is sepa-
rated, whether pre-deployment or post-deploy-
ment, from the member’s unit while in need of 
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health care based on a medical condition identi-
fied while the member is on active duty in the 
Armed Forces. 
‘‘(17) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’, in the case of a member 
of the Armed Forces, means an injury or illness in-
curred by the member in line of duty on active duty 
in the Armed Forces that may render the member 
medically unfit to perform the duties of the mem-
ber’s office, grade, rank, or rating.’’. 
(b) MILITARY FAMILY AND MEDICAL LEAVE.— 
(1) ENTITLEMENT TO LEAVE.—Section 102(a) 
of such Act (29 U.S.C. 2612(a)) is amended by add-
ing at the end the following: 
‘‘(3) MILITARY FAMILY AND MEDICAL LEAVE.— 
Subject to section 103, an eligible employee shall be 
entitled to a total of 26 workweeks of leave during 
a 
12-month 
period 
to 
care 
for 
a 
covered 
servicemember who is the spouse, son, daughter, or 
parent of the employee. The leave described in this 
paragraph shall only be available during a single 12- 
month period. 
‘‘(4) COMBINED
LEAVE
TOTAL.—During the 
single 12-month period described in paragraph (3), 
an eligible employee shall be entitled to a combined 
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total of 26 workweeks of leave under paragraphs (1) 
and (3). Nothing in this paragraph shall be con-
strued to limit the availability of leave under para-
graph (1) during any other 12-month period.’’. 
(2) SCHEDULE.—Section 102(b) of such Act 
(29 U.S.C. 2612(b)) is amended— 
(A) in paragraph (1), in the second sen-
tence— 
(i) by striking ‘‘section 103(b)(5)’’ 
and inserting ‘‘subsection (b)(5) or (f) (as 
appropriate) of section 103’’; and 
(ii) by inserting ‘‘or under subsection 
(a)(3)’’ after ‘‘subsection (a)(1)’’; and 
(B) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’. 
(3) SUBSTITUTION
OF
PAID
LEAVE.—Section 
102(d) of such Act (29 U.S.C. 2612(d)) is amend-
ed— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(or 26 workweeks in 
the case of leave provided under subsection 
(a)(3))’’ after ‘‘12 workweeks’’ the first 
place it appears; and 
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(ii) by inserting ‘‘(or 26 workweeks, 
as appropriate)’’ after ‘‘12 workweeks’’ the 
second place it appears; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by adding at 
the end the following: ‘‘An eligible em-
ployee may elect, or an employer may re-
quire the employee, to substitute any of 
the accrued paid vacation leave, personal 
leave, or family leave of the employee for 
leave provided under subsection (a)(3) for 
any part of the 26-week period of such 
leave under such subsection.’’; and 
(ii) in subparagraph (B), by adding at 
the end the following: ‘‘An eligible em-
ployee may elect, or an employer may re-
quire the employee, to substitute any of 
the accrued paid vacation leave, personal 
leave, or medical or sick leave of the em-
ployee for leave provided under subsection 
(a)(3) for any part of the 26-week period 
of such leave under such subsection.’’. 
(4) NOTICE.—Section 102(e)(2) of such Act 
(29 U.S.C. 2612(e)(2)) is amended by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. 
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(5) 
SPOUSES
EMPLOYED
BY
SAME
EM-
PLOYER.—Section 102(f) of such Act (29 U.S.C. 
2612(f)) is amended— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), and aligning 
the margins of the subparagraphs with the 
margins of section 102(e)(2)(A); 
(B) by striking ‘‘In any’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—In any’’; and 
(C) by adding at the end the following: 
‘‘(2) MILITARY FAMILY AND MEDICAL LEAVE.— 
‘‘(A) IN GENERAL.—The aggregate num-
ber of workweeks of leave to which both that 
husband and wife may be entitled under sub-
section (a) may be limited to 26 workweeks 
during the single 12-month period described in 
subsection (a)(3) if the leave is— 
‘‘(i) leave under subsection (a)(3); or 
‘‘(ii) a combination of leave under 
subsection (a)(3) and leave described in 
paragraph (1). 
‘‘(B) BOTH LIMITATIONS APPLICABLE.—If 
the leave taken by the husband and wife in-
cludes leave described in paragraph (1), the 
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limitation in paragraph (1) shall apply to the 
leave described in paragraph (1).’’. 
(c) CERTIFICATION.—Section 103 of such Act (29 
U.S.C. 2613) is amended by adding at the end the fol-
lowing: 
‘‘(f) CERTIFICATION
FOR MILITARY FAMILY
AND 
MEDICAL LEAVE.—An employer may require that a re-
quest for leave under section 102(a)(3) be supported by 
a certification issued at such time and in such manner 
as the Secretary may by regulation prescribe.’’. 
(d) FAILURE TO RETURN.—Section 104(c) of such 
Act (29 U.S.C. 2614(c)) is amended— 
(1) in paragraph (2)(B)(i), by inserting ‘‘or 
under section 102(a)(3)’’ before the semicolon; and 
(2) in paragraph (3)(A)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) a certification issued by the 
health care provider of the son, daughter, 
spouse, or parent of the employee, as ap-
propriate, in the case of an employee un-
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