I 
111TH CONGRESS 
1ST SESSION H. R. 3403 
To amend the Family and Medical Leave Act of 1993 and title 5, United 
States Code, to provide leave for family members of members of regular 
components of the Armed Forces, and leave to care for covered veterans, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2009 
Ms. WOOLSEY (for herself, Mr. ALTMIRE, and Mr. GEORGE MILLER of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on Education and Labor, 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 con-
cerned 
A BILL 
To amend the Family and Medical Leave Act of 1993 and 
title 5, United States Code, to provide leave for family 
members of members of regular components of the 
Armed Forces, and leave to care for covered veterans, 
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 ‘‘Supporting Military 
Families Act of 2009’’. 
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TITLE I—GENERAL 
REQUIREMENTS FOR LEAVE 
SEC. 101. DEFINITION OF COVERED ACTIVE DUTY. 
(a) DEFINITION.—Section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611) is amend-
ed— 
(1) by striking paragraph (14) and inserting 
the following: 
‘‘(14) COVERED ACTIVE DUTY.—The term ‘cov-
ered active duty’ means— 
‘‘(A) in the case of a member of a regular 
component of the Armed Forces, duty during 
the deployment of the member with the Armed 
Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve 
component of the Armed Forces, duty during 
the deployment of the member with the Armed 
Forces to a foreign country under a call or 
order to active duty under a provision of law re-
ferred to in section 101(a)(13)(B) of title 10, 
United States Code.’’; and 
(2) by striking paragraph (15) and redesig-
nating paragraphs (16) through (19) as paragraphs 
(15) through (18), respectively. 
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(b) LEAVE.—Section 102 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612) is amended— 
(1) in subsection (a)(1)(E)— 
(A) by striking ‘‘active duty’’ each place it 
appears and inserting ‘‘covered active duty’’; 
and 
(B) by striking ‘‘in support of a contin-
gency operation’’; and 
(2) in subsection (e)(3)— 
(A) in the paragraph heading, by striking 
‘‘ACTIVE DUTY’’ and inserting ‘‘COVERED AC-
TIVE DUTY’’; 
(B) by striking ‘‘active duty’’ each place it 
appears and inserting ‘‘covered active duty’’; 
and 
(C) by striking ‘‘in support of a contin-
gency operation’’. 
(c) CONFORMING AMENDMENT.—Section 103(f) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2613(f)) is amended, in the subsection heading, by strik-
ing ‘‘ACTIVE DUTY’’ each place it appears and inserting 
‘‘COVERED ACTIVE DUTY’’. 
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SEC. 102. DEFINITION OF COVERED SERVICEMEMBER. 
Paragraph (15) of section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesig-
nated by section 101) is amended to read as follows: 
‘‘(15) COVERED
SERVICEMEMBER.—The term 
‘covered servicemember’ means— 
‘‘(A) a member of the Armed Forces (in-
cluding a member of the National Guard or Re-
serves) who is undergoing medical treatment, 
recuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary 
disability retired list, for a serious injury or ill-
ness; or 
‘‘(B) a veteran who is undergoing medical 
treatment, recuperation, or therapy, for a seri-
ous injury or illness and who was a member of 
the Armed Forces (including a member of the 
National Guard or Reserves) at any time dur-
ing the period of 5 years preceding the date on 
which the veteran undergoes that medical treat-
ment, recuperation, or therapy.’’. 
SEC. 103. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 
VETERAN. 
Section 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611) is further amended by striking 
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paragraph (18) (as redesignated by section 101) and in-
serting the following: 
‘‘(18) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’— 
‘‘(A) in the case of a member of the Armed 
Forces (including a member of the National 
Guard or Reserves), means an injury or illness 
that was incurred by the member in line of duty 
on active duty in the Armed Forces (or existed 
before the beginning of the member’s active 
duty and was aggravated by service in line of 
duty on active duty in the Armed Forces) and 
that may render the member medically unfit to 
perform the duties of the member’s office, 
grade, rank, or rating; and 
‘‘(B) in the case of a veteran who was a 
member of the Armed Forces (including a mem-
ber of the National Guard or Reserves) at any 
time during a period described in paragraph 
(15)(B), means an injury or illness that was in-
curred by the member in line of duty on active 
duty in the Armed Forces (or existed before the 
beginning of the member’s active duty and was 
aggravated by service in line of duty on active 
duty in the Armed Forces) and that manifested 
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itself before or after the member became a vet-
eran. 
‘‘(19) VETERAN.—The term ‘veteran’ has the 
meaning given the term in section 101 of title 38, 
United States Code.’’. 
SEC. 104. TECHNICAL AMENDMENT. 
Section 102(e)(2)(A) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is amended 
by striking ‘‘or parent’’ and inserting ‘‘parent, or next of 
kin’’. 
SEC. 105. REGULATIONS. 
The Secretary of Labor, after consultation with the 
Secretary of Defense and Secretary of Veterans Affairs, 
shall prescribe such regulations as are necessary to carry 
out the amendments made by this title. 
TITLE II—LEAVE FOR CIVIL 
SERVICE EMPLOYEES 
SEC. 201. EXIGENCY LEAVE FOR SERVICEMEMBERS ON 
COVERED ACTIVE DUTY. 
(a) DEFINITION.—Section 6381(7) of title 5, United 
States Code, is amended to read as follows: 
‘‘(7) the term ‘covered active duty’ means— 
‘‘(A) in the case of a member of a regular 
component of the Armed Forces, duty during 
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the deployment of the member with the Armed 
Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve 
component of the Armed Forces, duty during 
the deployment of the member with the Armed 
Forces to a foreign country under a call or 
order to active duty under a provision of law re-
ferred to in section 101(a)(13)(B) of title 10, 
United States Code;’’. 
(b) LEAVE.—Section 6382 of title 5, United States 
Code, is amended— 
(1) in subsection (a)(1), by adding at the end 
the following: 
‘‘(E) Because of any qualifying exigency arising 
out of the fact that the spouse, or a son, daughter, 
or parent of the employee is on covered active duty 
(or has been notified of an impending call or order 
to covered active duty) in the Armed Forces.’’; 
(2) in subsection (b)(1), by inserting after the 
second sentence the following: ‘‘Subject to subsection 
(e)(3) and section 6383(f), leave under subsection 
(a)(1)(E) may be taken intermittently or on a re-
duced leave schedule.’’; 
(3) in subsection (d), by striking ‘‘or (D)’’ and 
inserting ‘‘(D), or (E)’’; and 
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(4) in subsection (e), by adding at the end the 
following: 
‘‘(3) In any case in which the necessity for leave 
under subsection (a)(1)(E) is foreseeable, whether because 
the spouse, or a son, daughter, or parent, of the employee 
is on covered active duty, or because of notification of an 
impending call or order to covered active duty, the em-
ployee shall provide such notice to the employer as is rea-
sonable and practicable.’’. 
(c) CERTIFICATION.—Section 6383(f) of title 5, 
United States Code, is amended by striking ‘‘section 
6382(a)(3)’’ and inserting ‘‘paragraph (1)(E) or (3) of 
section 6382(a)’’. 
SEC. 202. DEFINITION OF COVERED SERVICEMEMBER. 
Paragraph (8) of section 6381 of title 5, United 
States Code, is amended to read as follows: 
‘‘(8) the term ‘covered servicemember’ means— 
‘‘(A) a member of the Armed Forces (in-
cluding a member of the National Guard or Re-
serves) who is undergoing medical treatment, 
recuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary 
disability retired list, for a serious injury or ill-
ness; or 
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‘‘(B) a veteran who is undergoing medical 
treatment, recuperation, or therapy, for a seri-
ous injury or illness and who was a member of 
the Armed Forces (including a member of the 
National Guard or Reserves) at any time dur-
ing the period of 5 years preceding the date on 
which the veteran undergoes that medical treat-
ment, recuperation, or therapy;’’. 
SEC. 203. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 
VETERAN. 
Section 6381 of title 5, United States Code, is further 
amended— 
(1) in paragraph (10), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (11) and inserting 
the following: 
‘‘(11) the term ‘serious injury or illness’— 
‘‘(A) in the case of a member of the Armed 
Forces (including a member of the National 
Guard or Reserves), means an injury or illness 
that was incurred by the member in line of duty 
on active duty in the Armed Forces (or existed 
before the beginning of the member’s active 
duty and was aggravated by service in line of 
duty on active duty in the Armed Forces) and 
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that may render the member medically unfit to 
perform the duties of the member’s office, 
grade, rank, or rating; and 
‘‘(B) in the case of a veteran who was a 
member of the Armed Forces (including a mem-
ber of the National Guard or Reserves) at any 
time during a period described in paragraph 
(8)(B), means an injury or illness that was in-
curred by the member in line of duty on active 
duty in the Armed Forces (or existed before the 
beginning of the member’s active duty and was 
aggravated by service in line of duty on active 
duty in the Armed Forces) and that manifested 
itself before or after the member became a vet-
eran; and 
‘‘(12) the term ‘veteran’ has the meaning given 
the term in section 101 of title 38, United States 
Code.’’. 
SEC. 204. TECHNICAL AMENDMENT. 
Section 6382(e)(2)(A) of title 5, United States Code, 
is amended by striking ‘‘or parent’’ and inserting ‘‘parent, 
or next of kin’’. 
SEC. 205. REGULATIONS. 
The Office of Personnel Management, after consulta-
tion with the Secretary of Defense and Secretary of Vet-
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erans Affairs, shall prescribe such regulations as are nec-
essary to carry out the amendments made by this title. 
Æ 
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