SEC. 2. SERVICEMEMBER FAMILY 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, is otherwise in 
medical hold or medical holdover status, or is other-
wise on the temporary disability retired list, 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-
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ment, from the member’s unit while in need of 
health care based on a medical condition identi-
fied while the member is on active duty in the 
Armed Forces. 
‘‘(17) NEXT OF KIN.—The term ‘next of kin’, 
used with respect to an individual, means the near-
est blood relative of that individual. 
‘‘(18) 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) ENTITLEMENT TO LEAVE.—Section 102(a) of 
such Act (29 U.S.C. 2612(a)) is amended by adding at 
the end the following: 
‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject 
to section 103, an eligible employee who is the 
spouse, son, daughter, parent, or next of kin of a 
covered servicemember shall be entitled to a total of 
26 workweeks of leave during a 12-month period to 
care for the servicemember. The leave described in 
this paragraph shall only be available during a single 
12-month period. 
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‘‘(4) COMBINED
LEAVE
TOTAL.—During the 
single 12-month period described in paragraph (3), 
an eligible employee shall be entitled to a combined 
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.’’. 
(c) REQUIREMENTS RELATING TO LEAVE.— 
(1) 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)’’. 
(2) SUBSTITUTION
OF
PAID
LEAVE.—Section 
102(d) of such Act (29 U.S.C. 2612(d)) is amend-
ed— 
(A) in paragraph (1)— 
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(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 
(ii) by inserting ‘‘(or 26 workweeks, 
as appropriate)’’ after ‘‘12 workweeks’’ the 
second place it appears; and 
(B) in paragraph (2)(B), by adding at the 
end the following: ‘‘An eligible employee may 
elect, or an employer may require the employee, 
to substitute any of the accrued paid vacation 
leave, personal leave, family leave, or medical or 
sick leave of the employee for leave provided 
under subsection (a)(3) for any part of the 26- 
week period of such leave under such sub-
section.’’. 
(3) 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)’’. 
(4) 
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 
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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) SERVICEMEMBER FAMILY 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 
limitation in paragraph (1) shall apply to the 
leave described in paragraph (1).’’. 
(d) CERTIFICATION.—Section 103 of such Act (29 
U.S.C. 2613) is amended by adding at the end the fol-
lowing: 
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‘‘(f) CERTIFICATION FOR SERVICEMEMBER FAMILY 
LEAVE.—An employer may require that a request for 
leave under section 102(a)(3) be supported by a certifi-
cation issued at such time and in such manner as the Sec-
retary may by regulation prescribe.’’. 
(e) 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 servicemember 
being cared for by the employee, in the 
case of an employee unable to return to 
work because of a condition specified in 
section 102(a)(3).’’. 
(f) ENFORCEMENT.—Section 107 of such Act (29 
U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), 
by inserting ‘‘(or 26 weeks, in a case involving leave under 
section 102(a)(3))’’ after ‘‘12 weeks’’. 
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